Louisiana 2017 2017 Regular Session

Louisiana House Bill HB327 Comm Sub / Analysis

                    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 Engrossed	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 the
renovation or conversion of the existing courthouse, 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, and the renovation
or conversion of the existing courthouse.
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)$150 per initial filing of a civil suit.
(2)$30 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.
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 that once bonds have been matured or have been satisfied in full and there
is no other indebtedness outstanding to the Ascension parish courthouse, the judges and the
Ascension parish council shall reduce the amount of the filing fee to an amount sufficient for the
continued operation and maintenance of the Ascension Parish Courthouse.
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, furnishing 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.
Proposed law provides for the increase in court costs or fees to become effective if and when the
Judicial Council reviews such request and makes a recommendation to the legislature in its 2018
report that the court costs meet applicable guidelines.
(Adds R.S. 13:996.69)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original bill:
1. Change the filing fees for the initial filing of a civil suit from $120 to $150.
2. Change the filing fees for additional pleading in civil suits from $20 to $30.
3. Add witness lists, exhibit lists, memorandums, sheriffs return notices, interrogatories,
stipulations, exhibits, discovery requests, written reasons for judgments, and exceptions
to the list of additional types of pleadings that are subject to a $30 filing fee.
4. Allow the funds deposited in the Ascension parish courthouse fund to be used  for the
furnishing of the new Ascension Parish Courthouse.
5. Allow the funds deposited in the Ascension Parish Courthouse Fund to be used  to
renovate or convert any existing courthouse building in Ascension Parish.
6. Add a provision requiring the reduction of the amount of the filing fee in certain
circumstances.
7. Add a provision giving the sheriff of Ascension Parish the ability to vote to expend
additional surplus funds available in the Ascension Parish Courthouse Fund.
8. Add a provision allowing the sheriff of Ascension Parish to enter into cooperative
endeavor agreements with Ascension Parish related to the Ascension Parish Courthouse.
9. Provide that the imposition of fees will become effective if and when the Judicial
Council reviews the request and makes its recommendations to the legislature in its 2018
report.