HLS 17RS-950 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 327
BY REPRESENTATIVE SCHEXNAYDER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/DISTRICT: Establishes the Ascension Parish Courthouse Fund for the
construction of a new courthouse for the Twenty-Third Judicial District Court and
the Ascension Parish Court
1 AN ACT
2To enact R.S. 13: 996.69, relative to a courthouse building fund in Ascension Parish; to
3 provide relative to the Twenty-Third Judicial District Court and the Parish Court for
4 the Parish of Ascension; to establish an Ascension Parish Courthouse Building Fund;
5 to provide for additional charges for initial filing and pleadings filed in civil matters;
6 to provide for dedication, purpose and disbursement of such funds; to provide for a
7 reduction of charges in certain cases; to authorize cooperative endeavor agreements;
8 and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 13:996.69 is hereby enacted to read as follows:
11 ยง996.69. Ascension Parish Courthouse Building Fund; Twenty-Third Judicial
12 District Court and the parish court of Ascension Parish
13 A.(1) Subject to the provisions of the Code of Civil Procedure Article 5181
14 et seq., in all cases over which the Twenty-Third Judicial District Court for the parish
15 of Ascension or the Parish Court for the Parish of Ascension has jurisdiction, the
16 judges of the Twenty-Third Judicial District Court, acting en banc, the judge for the
17 Parish Court for the Parish of Ascension, and the Ascension Parish Clerk of Court
18 are hereby authorized to impose and collect the following costs of court and
19 additional filing charges:
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HB NO. 327
1 (a) A filing charge of one hundred twenty dollars per filing which shall be
2 paid to the Ascension Parish Clerk of Court when the initial filing of a civil suit is
3 made.
4 (b) A filing charge of twenty dollars upon the filing of each additional
5 pleading in a civil matter which shall be paid to the Ascension Parish Clerk of Court
6 when such filing is made. For purposes of this Subparagraph, additional pleadings
7 shall include but are not limited to petitions, motions, orders, affidavits, judgments,
8 rules, correspondence, citations, evidence, dismissals, depositions, writs, appeals,
9 answers, and subpoenas.
10 (2) The charges provided in this Section shall apply to all civil filings in all
11 Ascension Parish Courts and be in addition to other filing charges currently being
12 levied and collected by the Ascension Parish Clerk of Court for civil filings.
13 (3) All such filing charges shall be imposed by the judges of the Twenty-
14 Third Judicial District Court acting en banc and the judge for the Parish Court for the
15 Parish of Ascension.
16 B. The monies generated pursuant to the provisions of this Section which
17 represent additional civil suit filing charges shall be held by the Ascension Parish
18 Clerk of Court on behalf of the parish of Ascension and shall be remitted at least
19 monthly by the Ascension Parish Clerk of Court directly to the Department of
20 Finance for the parish of Ascension, and irrevocably deposited into the Ascension
21 Parish Courthouse Fund dedicated exclusively to the design, acquisition,
22 construction, renovation, equipping, operation, and maintenance of a new Ascension
23 Parish courthouse to be located in the parish of Ascension, and for the payment of
24 any bonds or other indebtedness on any such facilities.
25 C.(1) Subject to the limitations provided in this Section, the Ascension
26 Parish Council, as the governing authority of the parish of Ascension, shall have
27 ownership and control over the Ascension Parish Courthouse Fund, and shall have
28 the authority to pledge the Ascension Parish Courthouse Fund to bonds or other
29 instruments of indebtedness issued by or on behalf of the parish of Ascension. The
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HB NO. 327
1 Ascension Parish Council shall have the authority to pay and disburse from the
2 Ascension Parish Courthouse Fund all amounts necessary to pay and discharge any
3 bonds or other instruments of indebtedness issued to pay for the construction of the
4 new Ascension Parish courthouse.
5 (2) Any amounts in the Ascension Parish Courthouse Fund in addition to
6 those funds necessary to pay and discharge any bonds or other instruments of
7 indebtedness issued to pay for the construction of the new Ascension Parish
8 courthouse may be expended for purposes of operating, maintaining, equipping, or
9 furnishing the new Ascension Parish courthouse, or for additional new construction
10 or renovations to the new Ascension Parish courthouse, but such additional surplus
11 funds may be expended only by authority of the parish president of Ascension
12 Parish, the chief judge of the Twenty-Third Judicial District Court, the judge for the
13 Parish Court for the Parish of Ascension, and the Ascension Parish Clerk of Court,
14 by majority vote.
15 D. Subject to the provisions of Subsection F of this Section, the judges of the
16 Twenty-Third Judicial District Court, acting en banc, along with the judge for the
17 Parish Court for the Parish of Ascension, may, as concurred by ordinance of the
18 Ascension Parish Council, reduce the amount of filing charges provided for in this
19 Section if the balance of sums on deposit in the Ascension Parish Courthouse Fund
20 exceeds the requirements necessary for the new Ascension Parish courthouse,
21 including but not limited to the payment of debt service on bonds or other
22 indebtedness incurred in connection with the Ascension Parish courthouse.
23 E. For all matters pertaining to the filing charges imposed by the provisions
24 of this Section, and those related to the Ascension Parish courthouse, the Ascension
25 Parish Clerk of Court, and the judges of the Twenty-Third Judicial District Court,
26 acting en banc, and the judge for the Parish Court for the Parish of Ascension shall
27 have the authority to enter into any cooperative endeavor agreement with the parish
28 of Ascension in conjunction with the design, construction, renovation, equipping,
29 operation, and maintenance of the new Ascension Parish courthouse.
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HB NO. 327
1 F. Notwithstanding any provision of law in this Section to the contrary, the
2 state and any political subdivision thereof, the Twenty-Third Judicial District Court,
3 the judge for the Parish Court for the Parish of Ascension, the Ascension Parish
4 Clerk of Court, the Ascension Parish Council, and the Louisiana Legislature
5 covenant and agree with the parish of Ascension and the holders of any bonds or
6 other indebtedness of the parish of Ascension issued in connection with the new
7 Ascension Parish courthouse, that so long as such bonds or other indebtedness shall
8 remain outstanding, the state and any political subdivision thereof, the Twenty-Third
9 Judicial District Court, the Parish Court for the Parish of Ascension, the Ascension
10 Parish Clerk of Court, the Ascension Parish Council, and the Louisiana Legislature
11 shall not in any way impair the rights and remedies of such holder or the security for
12 such bonds or other indebtedness of the parish of Ascension issued in connection
13 with the new Ascension Parish courthouse, until all such bonds or other indebtedness
14 of the parish of Ascension are fully paid and discharged.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 327 Original 2017 Regular Session Schexnayder
Abstract: Establishes the Ascension Parish Courthouse Fund for the construction of a new
courthouse for the 23
rd
JDC in Ascension Parish and the Ascension Parish Court, and
provides for filing charges in civil matters.
Proposed law establishes the Ascension Parish Courthouse Fund for the construction of a
new courthouse for the 23
rd
JDC in Ascension Parish and the Ascension Parish Court.
Proposed law provides for the following charges to be imposed and collected in all cases
over which the 23
rd
JDC for the parish of Ascension and the Ascension Parish Court have
jurisdiction:
(1)$120 per initial filing of a civil suit.
(2)$20 per filing of each additional pleading.
Proposed law provides that these charges shall be in addition to other civil filing fees levied
and collected by the Ascension Parish Clerk of Court. Proposed law further provides that
such charges shall be imposed by the judges of the 23
rd
JDC acting en banc and the
Ascension Parish Court judge.
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HB NO. 327
Proposed law provides that monies generated by proposed law shall be held by the
Ascension Parish Clerk of Court, remitted at least monthly to the Dept. of Finance for the
parish, and irrevocably deposited into the Ascension Parish Courthouse Fund. Proposed law
further provides for the purpose and use of the fund.
Proposed law provides for the ownership and control of the Ascension Parish Courthouse
Fund and provides for the obligations of the Ascension Parish Council.
Proposed law provides procedures regarding the use of surplus funds and authorizes the
reduction of the filing charges. Proposed law further authorizes the use of cooperative
endeavor agreements in conjunction with the design, construction, renovation, equipping,
operation, and maintenance of the new Ascension Parish courthouse.
Proposed law provides that the state, any political subdivision, the 23
rd
JDC, the Ascension
Parish Court, the Ascension Parish Clerk of Court, the Ascension Parish Council, and
Louisiana Legislature shall not impair the rights and remedies of the holder or the security
for the bonds or other indebtedness until they are fully paid and discharged.
(Adds R.S. 13:996.69)
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