Louisiana 2021 2021 Regular Session

Louisiana House Bill HB215 Engrossed / Bill

                    HLS 21RS-294	REENGROSSED
2021 Regular Session
HOUSE BILL NO. 215
BY REPRESENTATIVE COX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/COURT COSTS:  Provides relative to fees for services by constables and
marshals
1	AN ACT
2To amend and reenact R.S. 13:5807.1(A)(introductory paragraph) and to repeal R.S.
3 13:5807.1(A)(15)(b) and (D), relative to certain costs and fees for services by
4 marshals and constables; to provide relative to the fees of office of city marshals and
5 constables; to provide for effectiveness of a prior act of the legislature; to provide for
6 an effective date; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 13:5807.1(A)(introductory paragraph) is hereby amended and
9reenacted to read as follows:
10 ยง5807.1.  Fees and costs; particular city marshals
11	A.  Notwithstanding the provisions of R.S. 13:5807, the marshal of the city
12 of Natchitoches, the marshal of the city of Minden, the marshal of the city of
13 Springhill, the marshal of the city of Franklin, and the marshal of the city of
14 Winnfield shall each be entitled to the following fees of office and no more in civil
15 matters:
16	*          *          *
17 Section 2.  R.S. 13:5807.1(A)(15)(b) and (D) are hereby repealed in their entirety.
18 Section 3.  It is the intent of the legislature that the changes enacted by Act No. 63
19of the 2020 Regular Session of the Legislature shall never go into effect and that the
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-294	REENGROSSED
HB NO. 215
1provisions of this Act shall control. Therefore, the provisions of Act No. 63 of the 2020
2Regular Session shall not become effective. 
3 Section 4.  This Act shall become effective upon signature by the governor or, if not
4signed by the governor, upon expiration of the time for bills to become law without signature
5by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
6vetoed by the governor and subsequently approved by the legislature, this Act shall become
7effective on the day following such approval.
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 215 Reengrossed 2021 Regular Session	Cox
Abstract:  Places the marshal of the city of Natchitoches within the general fee schedules
of marshals and constables (R.S. 13:5807) by removing the authority of the city
marshal and constables of the city of Natchitoches to collect certain fees and costs
under a separate authority (R.S. 13:5807.1).
Present law (R.S. 13:5807.1) authorizes the marshal of the city of Natchitoches to charge not
less than $10 but not more than $20 for each service rendered in civil matters.
Present law (R.S. 13:5807(B)) provides that 60% of the fees collected pursuant to present
law shall be deposited in the equipment and training fund used to assist in the purchasing or
updating of necessary equipment and officer training of constables and marshals.
Proposed law places the marshal of the city of Natchitoches within the general fee schedules
of marshals and constables (R.S. 13:5807) by removing the authority of the city marshal and
constables of the city of Natchitoches to collect certain fees and costs under a separate
authority (R.S. 13:5807.1).
The provisions of Act No. 63 of the 2020 R.S. increase the fee charged by the city marshal
of Natchitoches for services from $20 to $30, and require all service fees collected to be
deposited in the marshal's training and equipment fund to assist in the purchasing or
updating of equipment and officer training.  The imposition of the court fees pursuant to Act
No. 63 is subject to approval by the Judicial Council. 
Proposed law provides that the provisions of Act No. 63 of the 2020 R.S. shall not go into
effect.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:5807.1(A)(intro. para.); Repeals R.S. 13:5807.1(A)(15)(b) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the
engrossed bill:
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HB NO. 215
1. Repeal R.S. 13:5897(A)(15)(b).
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.