Louisiana 2025 2025 Regular Session

Louisiana House Bill HB123 Introduced / Bill

                    HLS 25RS-425	ORIGINAL
2025 Regular Session
HOUSE BILL NO. 123
BY REPRESENTATIVE CARLSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/COURT COSTS:  Provides relative to deferral of costs and fees associated with
electronic filing requirements
1	AN ACT
2To amend and reenact R.S. 13:4521(B) and to enact R.S. 13:4521(A)(6), relative to deferral
3 of costs and fees associated with electronic filing requirements; to provide for
4 definitions; to provide relative to periods within which to pay court costs; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 13:4521(B) is hereby amended and reenacted and R.S. 13:4521(A)(6)
8is hereby enacted to read as follows:
9 ยง4521.  State and its subdivisions; temporary deferral of court costs; exceptions
10	A.
11	*          *          *
12	(6)  As the term is used in this Section, "court costs" include costs, user fees,
13 and recording fees charged by each clerk of court for electronic filing of civil and
14 criminal pleadings authorized by R.S. 13:754, fees for electronic filing of documents
15 authorized by R.S. 13:841 and Code of Civil Procedure Article 253(B), and related
16 convenience, transaction, or service fees for electronic filings.
17	B.  Except when the law imposes personal responsibility for costs on the
18 agent, officers, or employees, it shall be the responsibility of the governmental
19 entities who temporarily defer costs as set forth in this Section to pay any deferred
20 costs assessed against them or their agents, officers, or employees, within thirty days
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-425	ORIGINAL
HB NO. 123
1 of the judgment becoming final or to assist in the collection of court costs due by the
2 opposing litigants by requesting the court to tax costs in accordance with the
3 provisions of Article 1920 of the Code of Civil Procedure by requesting that the
4 court include the cost assessment in a judgment dismissing a claim against the
5 governmental entity or any agent, officer, or employee thereof.  When a judgment
6 is rendered against the state, political subdivision, or agent, officer, or employee
7 thereof, the costs shall not be payable to the clerk of court until the judgment
8 becomes final and definitive under the provisions of Articles 2166 and 2167 of the
9 Code of Civil Procedure or otherwise nonappealable or nonreviewable, and until all
10 issues in the judicial proceeding are adjudicated.  The state, political subdivision, or
11 agent, officer, or employee thereof shall withhold any court costs due by the
12 opposing litigants from any settlement payment made to the parties and shall forward
13 such costs to the clerk of court.
14	*          *          *
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 123 Original 2025 Regular Session	Carlson
Abstract:  Provides for the time within which governmental entities are required to pay
court costs.
Present law provides that the state, any political subdivision, and any agent, officer, or
employee of any such governmental entity when acting within the scope and authority of
such employment or when discharging his official duties may temporarily defer court costs.
Proposed law provides that "court costs" include costs, user fees, and recording fees charged
by each clerk of court for electronic filing of civil and criminal pleadings, fees for electronic
filing of documents, and related convenience, transaction, or service fees for electronic
filings.
Present law provides that it shall be the responsibility of the governmental entities who
temporarily defer costs as set forth in present law to pay any deferred costs assessed against
them or their agents, officers, or employees within 30 days of the judgment becoming final
or to assist in the collection of court costs due by the opposing litigants by requesting the
court to tax costs in accordance with present law.
Proposed law removes the 30-day period within which to pay the deferred court costs and
further provides that when a judgment is rendered against the state, political subdivision, or
agent, officer, or employee thereof, the costs shall not be payable to the clerk of court until
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-425	ORIGINAL
HB NO. 123
the judgment becomes final and definitive under the provisions of present law or is otherwise
nonappealable or nonreviewable, and until all issues in the judicial proceeding are
adjudicated.
(Amends R.S. 13:4521(B); Adds R.S. 13:4521(A)(6))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.