reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1821. Standard of conduct for directors

RS 12:1821 - Standard of conduct for directors
A. In discharging the duties of their respective positions and in considering the best interests of the benefit corporation, the board of directors, committees of the board, and individual directors of a benefit corporation:
(1) Shall consider the effects of any action or inaction upon all of the following:
(a) The shareholders of the benefit corporation.
(b) The employees and work force of the benefit corporation, its subsidiaries, and its suppliers.
(c) The interests of customers as beneficiaries of the general public benefit or specific public benefit purposes of the benefit corporation.
(d) Community and societal factors, including those of each community in which offices or facilities of the benefit corporation, its subsidiaries, or its suppliers are located.
(e) The local and global environment.
(f) The short-term and long-term interests of the benefit corporation, including benefits that may accrue to the benefit corporation from its long-term plans and the possibility that these interests may be best served by the continued independence of the benefit corporation.
(g) The ability of the benefit corporation to accomplish its general public benefit purpose and any specific public benefit purpose.
(2) May consider other pertinent factors or the interests of any other group that they deem appropriate.
(3) Shall not be required to give priority to the interests of a particular person or group referred to in Paragraph (1) or (2) of this Subsection over the interests of any other person or group unless the benefit corporation has stated in its articles the intention to give priority to certain interests related to the accomplishment of its general public benefit purpose or of a specific public benefit purpose identified in the articles.
B. The consideration of interests and factors in the manner required by Subsection A of this Section shall not constitute a violation of R.S. 12:91.
C. A director shall not be personally liable for monetary damages for any of the following:
(1) Any act or omission covered by a provision in the articles of incorporation that eliminates or limits the liability of the director as authorized in R.S. 12:24(C)(4).
(2) Any act or omission as a director if the director performed the duties of office pursuant to R.S. 12:91.
(3) Failure of the benefit corporation to pursue or create a general public benefit or specific public benefit.
D. A director shall not have a duty to a person that is a beneficiary of the general public benefit purpose or a specific public benefit purpose of a benefit corporation arising from the status of the person as a beneficiary.
Acts 2012, No. 442, §1.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1822. Benefit director

RS 12:1822 - Benefit director
A. The board of directors of a benefit corporation shall include a director who shall be designated the benefit director and who shall have, in addition to the powers, duties, rights, and immunities of the other directors of the benefit corporation, the powers, duties, rights, and immunities provided for in this Part.
B. The benefit director shall be elected, and may be removed, pursuant to R.S. 12:81, and shall be an individual who is independent. The benefit director may serve as the benefit officer at the same time as serving as the benefit director. The articles or bylaws of a benefit corporation may prescribe additional qualifications or duties of the benefit director not inconsistent with this Subsection.
C. The benefit director shall be responsible for the preparation of an annual benefit report submitted to shareholders as required by R.S. 12:1831. The benefit director may retain an independent third party to audit the annual benefit report or conduct any other assessment of the corporation's pursuit of its general public benefit purpose and any specific public benefit purpose. The annual benefit report shall include a statement of the benefit director, in the opinion of the benefit director, on all of the following:
(1) Whether the benefit corporation acted in accordance with its general public benefit purpose and any specific public benefit purpose in all material respects during the period covered by the report.
(2) Whether the directors and officers complied with R.S. 12:1821(A) and 1823(A), respectively.
(3) If, in the opinion of the benefit director, the benefit corporation or its directors or officers failed to comply with R.S. 12:1821(A) and 1823(A), a description of the ways in which the benefit corporation or its directors or officers failed to comply.
D. The act or inaction of an individual in the capacity of a benefit director shall constitute for all purposes an act or inaction of that individual in the capacity of a director of the benefit corporation.
E. Regardless of whether the bylaws of a benefit corporation include a provision eliminating or limiting the personal liability of directors authorized by R.S. 12:24(C)(4), a benefit director shall not be personally liable for an act or omission in the capacity of a benefit director unless the act or omission constitutes self-dealing, willful misconduct, or a knowing violation of law.
F. The benefit director of a professional corporation shall not be required to be independent.
Acts 2012, No. 442, §1.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1823. Standard of conduct for officers

RS 12:1823 - Standard of conduct for officers
A. Each officer of a benefit corporation shall consider the interests and factors described in R.S. 12:1821 in the manner provided in that Section if all of the following applies:
(1) The officer has discretion to act with respect to the matter.
(2) It reasonably appears to the officer that the matter may have a material effect on the creation by the benefit corporation of a general public benefit or a specific public benefit identified in the articles of the benefit corporation.
B. The consideration of interests and factors pursuant to Subsection A of this Section shall not constitute a violation of R.S. 12:91.
C. An officer shall not be personally liable for monetary damages for either of the following:
(1) An action or omission as an officer if the officer performed the duties of the position pursuant to R.S. 12:91.
(2) Failure of the benefit corporation to pursue or create general public benefit or specific public benefit.
D. An officer shall not have a duty to a person that is a beneficiary of the general public benefit purpose or a specific public benefit purpose of a benefit corporation arising from the status of the person as a beneficiary.
Acts 2012, No. 442, §1.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1824. Benefit officer

RS 12:1824 - Benefit officer
A. A benefit corporation may have an officer designated as the benefit officer.
B. A benefit officer shall have all of the following:
(1) The powers and duties relating to the purpose of the corporation to create a general public benefit or specific public benefit provided by the bylaws or, absent controlling provisions in the bylaws, by resolutions or orders of the board of directors.
(2) The duty to prepare the benefit report required by R.S. 12:1831.
C. An officer shall not be personally liable for monetary damages for any of the following:
(1) Any act or omission covered by a provision in the articles of incorporation that eliminates or limits the liability of the officer as authorized in R.S. 12:24(C)(4).
(2) Any act or omission as an officer if the officer performed the duties of office pursuant to R.S. 12:91.
(3) Failure of the benefit corporation to pursue or create general public benefit or a specific public benefit.
Acts 2012, No. 442, §1.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1825. Right of action

RS 12:1825 - Right of action
A. The duties of directors and officers under this Chapter and the general public benefit purpose and any specific public benefit purpose of a benefit corporation may be enforced only in accordance with this Section in a benefit enforcement proceeding, and no person shall bring an action or assert a claim against a benefit corporation.
B. A benefit enforcement proceeding shall be commenced or maintained only directly by the benefit corporation or derivatively by one of the following parties:
(1) A shareholder.
(2) A benefit director.
(3) Other persons as specified in the articles or bylaws of the benefit corporation.
Acts 2012, No. 442, §1.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1832. Stock certificates

RS 12:1832 - Stock certificates
All certificates representing shares in a benefit corporation shall contain, in addition to any other statements required by the Business Corporation Law, the following conspicuous language on the face of the certificate: "This corporation is a benefit corporation subject to the Benefit Corporations Law, R.S. 12:1801 et seq."
Acts 2012, No. 442, §1.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1851. Legislative finding; public purpose

RS 12:1851 - Legislative finding; public purpose
A. Louisiana is currently experiencing a crisis in the availability and affordability of insurance for churches and nonprofit religious organizations. Louisiana property owners and their insurers sustained catastrophic losses in 2020 and 2021 from hurricanes Laura, Delta, Zeta, and Ida. As the result of their losses and their assessment of the risk of loss from future storms, many insurers, including the largest insurer of churches, have substantially reduced their participation in the voluntary market for property insurance. With fewer insurers in the voluntary market, competitive pressure on premium rates is reduced. Current underwriting practices have resulted in a substantial increase in the number of Louisiana churches that are forced to obtain their property insurance coverage or their wind and hail coverage from Louisiana Citizens Property Insurance Corporation, if they can indeed find coverage.
B. Increased premiums and assessments make property insurance coverage unaffordable for some churches and nonprofit religious organizations. Due to the fact that property insurance is often unavailable or unaffordable, many churches and nonprofit religious organizations are being forced to sell or abandon their churches and religious buildings or are prevented from restoring storm-damaged properties.
C. Throughout Louisiana, churches and other religious organizations are the bedrock that holds many communities together. In addition to providing spiritual and emotional support for their membership in times of crisis, churches and other nonprofit religious organizations provide services to the needy such as soup kitchens, food pantries, orphanages, adoption services, and foster care. Churches and other nonprofit religious organizations provide mentorship for the youth, assistance to the elderly, and disaster relief services when hurricanes and tornadoes strike. Churches and other nonprofit religious organizations also provide much-needed hope, help, and services for those individuals in addiction recovery. Church-supported nonviolent offender programs at places such as the Louisiana State Penitentiary at Angola have greatly reduced violence in these facilities and greatly reduced recidivism rates in the state. This voluminous list of services, most of which are provided free of charge to the community, results in the savings of untold millions of dollars each year to state and local taxpayers.
D. The availability of property insurance for churches and other nonprofit religious organizations at a reasonable cost is essential to the well-being of the state. Churches and other religious organizations cannot invest in, and lenders will not finance, the construction and ownership of churches and religious buildings without adequate property insurance protection. The state has a vital interest in fostering the availability of property insurance at reasonable costs for churches and other religious organizations.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1852. Creation of fund

RS 12:1852 - Creation of fund
The Louisiana Churches and Nonprofit Religious Organizations Self-Insured Fund is hereby created for the purpose of allowing churches, religious organizations, and religious denominations to band together and self-insure, thereby increasing the availability of property insurance for local churches and religious buildings, increasing competitive pressure on insurance rates, and reducing the volume of business written by the Louisiana Citizens Property Insurance Corporation by offering a less expensive alternative to its policyholders and reducing the exposure and potential assessments to policyholders by the Louisiana Citizens Property Insurance Corporation.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1853. Authorization; requirements; regulation

RS 12:1853 - Authorization; requirements; regulation
A. Two or more churches or nonprofit religious organizations or one or more religious denominations may agree to pool their liabilities for the purposes of providing property coverage for their buildings and properties, so long as they have a positive net worth, are financially solvent, and are capable of assuming the obligations set forth in this Chapter.
B. The department shall promulgate necessary rules in accordance with the Administrative Procedure Act to implement and regulate the activities authorized in this Chapter.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1854. Definitions

RS 12:1854 - Definitions
Wherever used in this Chapter, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall have the following meanings:
(1) "Church" means a nonprofit religious organization made up of a group of religious believers.
(2) "Department" means the Department of Insurance.
(3) "Fund" means the self-insurance fund established pursuant to this Chapter to provide property insurance for churches and nonprofit religious organizations and shall be known as the Louisiana Churches and Nonprofit Religious Organizations Self-Insured Fund.
(4) "Hazardous financial condition" means a condition in which, based upon its present or reasonably anticipated financial condition, the fund, although not yet financially impaired or insolvent, is unlikely to be able to:
(a) Meet obligations with respect to known claims and reasonably anticipated claims.
(b) Pay other obligations in the normal course of business.
(5) "Insolvency" means the condition existing when the fund's liabilities are greater than the fund's assets as determined in accordance with generally accepted accounting principles as delineated in the fund's financial statement audited by an independent certified public accountant and calculated before a member's distribution is payable or before a dividend is declared.
(6) "Nonprofit religious organization" means an active corporation or other entity organized under the United States Internal Revenue Code as a nonprofit organization defined as any one of the following:
(a) A church or religious house of worship.
(b) An organization formed for religious purposes.
(c) A nonprofit institution affiliated with a faith-based organization.
(d) An integrated auxiliary organization of a church.
(7) "Property coverage" means coverage for the damage or loss of a structure or building and may include any or all of the following:
(a) Premises liability coverage.
(b) Contents coverage for furniture or equipment.
(c) Wind and hail coverage.
(d) Loss of use coverage.
(e) Medical payments coverage.
(8) "Religious denomination" means a group of individual churches or houses of worship who are called or identified using the same terms and a particular set of beliefs or spiritual or religious values.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1859. Licensing of agents; claims against insurance agents

RS 12:1859 - Licensing of agents; claims against insurance agents
A. Any person soliciting membership for the fund shall be licensed by the department as a property and casualty insurance producer pursuant to R.S. 22:1541 et seq. No employee of the fund, religious denomination, or association of nonprofit religious organizations shall be required to be licensed as an agent if the solicitation of membership for the fund is not the primary duty of the employee.
B. No action shall lie against an insurance producer or other person involved in the marketing, selling, or solicitation of participation in the fund for claims arising out of the insolvency of the fund or the inability of the fund to pay claims as they become due unless the claimant first exhausts all remedies available to him against the members of the fund as provided by this Chapter.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1860. Rates; filing; review of rate determination

RS 12:1860 - Rates; filing; review of rate determination
A. The fund shall file rates on an actuarially justified basis with the department and may use the rates ninety days after the date of the filing, unless the department disapproves the use of these rates within the ninety-day period.
B. The fund shall provide a reasonable procedure for any member aggrieved by the fund to request in written form a review of the application of the rating system for the coverage afforded by the fund. The fund may grant or deny the request in written form within thirty days after receipt of the request. If the fund rejects a request or fails to grant or reject a request within the thirty-day period, the member may appeal to the division of administrative law for a hearing in accordance with the provisions of the Administrative Procedure Act within thirty days after expiration of the thirty-day period. After the hearing, the administrative law judge may affirm, modify, or reverse the action taken by the fund.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1861. Consecutive net losses

RS 12:1861 - Consecutive net losses
If the fund has three years of consecutive net losses on the audited financial statements of the fund, or two years of consecutive net losses on the audited financial statements of the fund in excess of five hundred thousand dollars or five percent of the premium of the latest audited financial statement, whichever is greater, an authorized representative of the fund shall do all of the following:
(1) Attend a meeting with the department, the administrator of the fund, any third-party administrator contracted or performing services for the fund, and the fund's board of trustees to discuss the financial condition of the fund and to advise the department of the course of action the fund will take to obtain net incomes on subsequent audited financial statements.
(2) File with the department a written and signed plan from the fund's board of trustees describing the actions the fund will take to generate net incomes on subsequent audited financial statements.
(3) Obtain an actuarial rate analysis, if an actuarial rate analysis was not performed for the previous fund year.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1865. Authorization of the department to employ investigators

RS 12:1865 - Authorization of the department to employ investigators
The department may employ investigators to investigate complaints received against the group self-insurance fund authorized to do business in this state and against any unauthorized group self-insurance fund that is reported to be operating in this state.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1866. Disclosure

RS 12:1866 - Disclosure
A. It is unlawful for any person who is an officer, trustee, employee, administrator, agent, or representative of the group self-insurance fund, as well as any person, partnership, corporation, banking corporation, or any other legal entity which performs any service for the group self-insurance fund, or prepares any report, audit, financial statement or report for, or makes any representation on behalf of, for, or with regard to the group self-insurance fund, in connection with any investigation or examination authorized by this Chapter, to act with the specific intent to do any of the following items:
(1) Represent falsely, directly or indirectly, to the department or any employee, trustee, or administrator of the department that an asset of the group self-insurance fund is unencumbered, or misrepresent any other material fact pertaining to the status of any asset or liability of the group self-insurance fund.
(2) Materially misrepresent to the department, or any employee, trustee, or administrator of the department, the value of any asset or the amount of any liability of the group self-insurance fund, or any affiliate, subsidiary, or holding fund associated therewith, provided that with regard to a material misrepresentation of the value of any asset or liability, any deviation from the actual value of assets or liability which results from utilization of and compliance with generally accepted insurance accounting and reporting procedures shall not be deemed a violation of this Section.
(3) Fail to disclose to the department the existence of any liability of the group self-insurance fund, or affiliate, subsidiary, or holding company associated therewith, when such disclosure is properly requested or required in writing by an examiner or administrator of the department.
(4) Materially misrepresent, withhold, deny access to, or otherwise preclude the obtainment of any information properly requested in writing and in accordance with provisions of law affecting dissemination or disclosure of information by specific institutions by an examiner or administrator of the department, which is material and relevant to an examination properly conducted by the department and examiners and administrators of the department.
B. Whoever violates any provision of this Section, upon conviction, shall be fined by the court not more than fifty thousand dollars or subject to the penalties provided in R.S. 22:1924.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1867. Departmental complaint directives; failure to comply; fines; hearing

RS 12:1867 - Departmental complaint directives; failure to comply; fines; hearing
A. Any person subject to the regulatory authority of the department who fails to comply with any directive issued by the department in connection with a consumer complaint filed pursuant to this Chapter shall be fined an amount not to exceed two hundred fifty dollars for each occurrence.
B. Any person against whom a fine has been levied shall be given ten days' notice of the action. Upon receipt of this notice, the person aggrieved may apply for and may have an administrative hearing conducted in accordance with the provisions of the Administrative Procedure Act.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 12 - Corporations and Associations › §12:1868. Dissolution

RS 12:1868 - Dissolution
A. If the fund elects to dissolve, it shall apply to the department for authority to dissolve. An application for dissolution shall be made on a form prescribed by the department and shall be approved or disapproved by the department within sixty days of receipt.
B. The dissolution of the fund without authorization is prohibited and shall not absolve or release the fund, a member, or any person or entity which has executed an indemnity agreement from the fund's or person's obligations incurred or entered into prior to the dissolution of the fund.
C. Applications to dissolve shall be granted if either of the following conditions are met:
(1) The fund has no outstanding liabilities including incurred but not reported liabilities.
(2) The fund is covered by an irrevocable commitment from a licensed insurer which provides for payment of all outstanding liabilities and related services, including payment of claims, preparation of reports, and administration of transactions associated with the period during which the plan provided coverage.
D. Upon the dissolution of the fund and after payment of all outstanding liabilities and indebtedness, the assets of the fund shall be distributed to all members participating in the fund pursuant to a distribution plan submitted by the fund to the department and approved by the department.
Acts 2023, No. 259, §§1, 3A, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1. Duties of the minute clerks of courts of Orleans Parish

RS 13:1 - Duties of the minute clerks of courts of Orleans Parish
The minute clerks of the court of appeals and of the civil and criminal district courts of the parish of Orleans shall attend the sessions of the court for which they are appointed, and shall, under the supervision of the judge or judges of the courts, keep the minutes of the court, issue all notices, copies of rules and orders entered on the minutes, which are required to be issued, and make due entries on the dockets of the causes and of the proceedings therein, and shall perform such other duties as the judges may direct.
Acts 2006, No. 621, §2, eff. Jan 1, 2009; Acts 2008, No. 873, §1, eff. July 9, 2008; Acts 2012, No. 474, §5(A).
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:2. Fines for non-attendance of any witness or juror imposed by any court of justice

RS 13:2 - Fines for non-attendance of any witness or juror imposed by any court of justice
When a fine is imposed by any court of justice for the non-attendance of any witness or juror, or for any other cause, it is the duty of the clerk to issue, within two judicial days, a writ of fieri facias at the suit of the state, against the person on whom the fine is imposed; fines shall not be imposed without a rule on the party to show cause, unless the circumstances of the case should, in the discretion of the court, require no delay.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:3. Seals for clerks of Supreme Court and Orleans parish courts; Orleans Parish Juvenile Court

RS 13:3 - Seals for clerks of Supreme Court and Orleans parish courts; Orleans Parish Juvenile Court
The clerks of the Supreme Court and the several courts in the parish of Orleans each shall have a seal containing the vignette of the state seal and designating the court for which the seal is to be used, with which all documents requiring a seal issued from these courts shall be sealed, provided that the Orleans Parish Juvenile Court may prepare and use its own special seal, which shall contain thereon at its top the name "Orleans Parish Juvenile Court" with the words "State of Louisiana" across its middle, and at the bottom the court's motto, "Justice through Understanding." Embossed under the court's name shall be the scales of justice supported by the Louisiana Pelican with its young (now contained in the vignette of the present state seal) and enclosed within a crescent symbolical of New Orleans the year "1908" commemorating the court's creation. The clerk of the Orleans Parish Juvenile Court shall be the keeper of such seal and shall affix this official court seal to all official acts and documents necessitating a seal.
Amended by Acts 1962, No. 117, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4. Affixing seal of clerk complies with requirement of affixing seal of court

RS 13:4 - Affixing seal of clerk complies with requirement of affixing seal of court
When any code or statutory provision requires the affixing of the seal of a court to a judgment, order, mandate, writ, process, certified copy, or document issued by the court or its clerk, and the court has no official seal, the affixing of the seal of the clerk of the court is a compliance with the code or statutory requirement.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5. Ancillary office of each of the clerks of court; recorder of mortgages and register of conveyances and office of notarial archives for the parish of Orleans, periods of declared state of emergency or disaster

RS 13:5 - Ancillary office of each of the clerks of court; recorder of mortgages and register of conveyances and office of notarial archives for the parish of Orleans, periods of declared state of emergency or disaster
During the period in which the governor has declared a state of emergency or disaster by executive order or proclamation pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act, each clerk of court and the recorder of mortgages, register of conveyances and office of notarial archives for the parish of Orleans that is affected by the disaster or emergency and is unable to function at its existing location and no other location is readily available within its parish or territorial jurisdiction is authorized to establish an ancillary office in any parish in the state. The affected offices shall retain all necessary powers, duties, and functions to maintain their effective operation and shall be limited to all matters and proceedings that were properly exercised in their original location.
Acts 2005, 1st Ex. Sess., No. 14, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:10. Judicial administrator; emoluments and benefits; retirement

RS 13:10 - Judicial administrator; emoluments and benefits; retirement
The supreme court may fix the salary of the judicial administrator by rule.
The judicial administrator shall be entitled to all emoluments and benefits applicable by law to district judges and shall be subject to the same retirement provisions.
Added by Acts 1975, No. 136, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:10.1. Completion of term to which elected; certain judges reaching mandatory retirement age within twelve months of election

RS 13:10.1 - Completion of term to which elected; certain judges reaching mandatory retirement age within twelve months of election
Any judge who was in office on December 31, 1974, and who reaches his mandatory retirement age within twelve months prior to the primary election at which his successor is to be elected, may serve through the end of the term to which he was elected.
Added by Acts 1978, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:10.2. Official court reporters; oath of office; bond

RS 13:10.2 - Official court reporters; oath of office; bond
A.(1) Notwithstanding any other provision of law to the contrary, each court reporter appointed as an official court reporter by any judge of any court shall be required to take an oath of office and to furnish bond for the faithful performance of the duties of the office.
(2) The bond shall be in the sum of ten thousand dollars and shall be approved by the judge making the appointment.
(3) The bond shall be in favor of the judge making the appointment and any party litigant for the purpose of protecting litigants against any acts of incompetence or neglect of duty on the part of the reporter.
(4) It shall be recorded and filed in the clerk's office in each court for which such appointment is made.
B. Any party litigant may sue on said bond for any damages sustained by said party litigant by a wrongful act or neglect of duty committed or omitted by the official court reporter in the performance of the duties of official court reporters.
Acts 1984, No. 538, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:10.4. Court costs; witness protection

RS 13:10.4 - Court costs; witness protection
A. In every state district court having criminal jurisdiction in the state of Louisiana, there shall be assessed as an additional cost against every defendant who is convicted after trial, or who pleads guilty, or forfeits bond, a sum not to exceed one dollar. This cost shall be in addition to all other fines, costs, or forfeitures lawfully imposed and shall be collected by the sheriff or appropriate court official. The sheriff or appropriate court official shall place all sums collected or received pursuant to this Section and remit the sums monthly into an account to be designated as the "Witness Protection Services Program". The monies in this account shall be used by the district attorney's office of each parish solely and exclusively for the witness protection program, as provided for in R.S. 15:262, and as may be further provided by law.
B. The court shall cause to be conducted annually an audit of the account and the books and accounts relating thereto and shall file the audit with the office of the legislative auditor where it shall be available for public inspection.
Acts 2009, No. 267, §1.
NOTE: See Acts 2009, No. 267, §2, and the La. Register, 8/20/09, Vol. 35, No. 08, pg. 1828. The Judicial Council did not approve the cost provided for in this Section.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:32. Judiciary Commission

RS 13:32 - Judiciary Commission
As used in this Chapter, "commission" means the Judiciary Commission provided for by Article V, Section 25 of the Constitution of Louisiana.
Added by Acts 1968, No. 152, §1; Acts 2012, No. 811, §3, eff. July 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:34. Commission members; compensation prohibited; expenses

RS 13:34 - Commission members; compensation prohibited; expenses
No member of the commission shall receive any compensation for his services, but shall be paid his expenses necessarily incurred in the performance of his duties as a member of the commission.
Added by Acts 1968, No. 152, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:35. Employment of attorneys, staff personnel, etc.; expenditures

RS 13:35 - Employment of attorneys, staff personnel, etc.; expenditures
The commission may employ and fix the duties and compensation of such attorneys, staff personnel, and other employees, and may make such expenditures, including the payment of the fees of witnesses, as it finds necessary to accomplish its functions.
Added by Acts 1968, No. 152, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:36. Powers of commission

RS 13:36 - Powers of commission
In the course of any investigation or hearing held by the commission, it may administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation, and require the production of books, records, documents, or other evidence deemed relevant or material to the investigation or hearing.
Added by Acts 1968, No. 152, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:42. Judicial Compensation Commission; creation; membership

RS 13:42 - Judicial Compensation Commission; creation; membership
A. There is hereby created a commission known as the "Judicial Compensation Commission", hereinafter referred to as the "commission". The commission shall consist of fifteen members, subject to Senate confirmation: one shall be appointed by the governor; four by the president of the Senate; four by the speaker of the House of Representatives; two by the chief justice of the Louisiana Supreme Court; one by the Conference of the Courts of Appeal; one by the Louisiana District Judges Association; one by the Louisiana City Judges Association; and one by the Louisiana State Bar Association.
B. Two of the members appointed by the president of the Senate, two of the members appointed by the speaker of the House of Representatives, and one of the members appointed by the chief justice of the Louisiana Supreme Court shall be representative of the general public and shall not be attorneys nor members of the legislature.
Acts 1995, No. 1077, §1; Acts 2001, No. 225, §1, eff. June 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:43. Member qualifications; terms of office; chairman

RS 13:43 - Member qualifications; terms of office; chairman
Members of the commission shall be residents and qualified voters of the state of Louisiana. Members shall serve four-year terms and vacancies shall be filled in the same manner as the original appointment. The commission shall elect one of its members chairman.
Acts 1995, No. 1077, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:45. Domicile; meetings; staff

RS 13:45 - Domicile; meetings; staff
The commission shall be domiciled in Baton Rouge, Louisiana. It shall meet at least biennially. Necessary support staff shall be provided by appropriate committee staff of the legislature.
Acts 1995, No. 1077, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:46. Duties and functions

RS 13:46 - Duties and functions
A. The commission shall make a study of the salaries payable to judges.
B. The commission shall submit its recommendations concerning judges' salaries to the legislature sixty days prior to the commencement of any regular session of the legislature in an even-numbered year. Thereafter, a report may be submitted every two years at any regular session of the legislature in an even-numbered year. The report shall be submitted to the offices of the speaker of the House of Representatives and the president of the Senate, who shall distribute copies to each member of their respective house of the legislature.
C. All departments and agencies of the state shall cooperate in furnishing to the commission such information as the commission may deem necessary to discharge its duties.
Acts 1995, No. 1077, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:47. Legislative authority for judicial salaries

RS 13:47 - Legislative authority for judicial salaries
Any increase in salaries may be enacted by the legislature only after submission of the aforesaid report and must be approved by a favorable vote of the majority of the elected members of each house, whether in an odd-numbered or even-numbered year, or at any extraordinary session if included within the objects of that session.
Acts 1995, No. 1077, §1; Acts 2001, No. 225, §1, eff. June 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:48. Salary as recommended by the Judicial Compensation Commission

RS 13:48 - Salary as recommended by the Judicial Compensation Commission
Notwithstanding any other provision of law to the contrary, and subject to an annual appropriation for such purposes, the actual salary of the supreme court, court of appeal, and district court judges shall be increased by four and one-half, four and six-tenths, and four and nine-tenths percent, respectively, each year on July 1, 2006, and on July 1, 2007, and further that the state-paid actual salary of city court and parish court judges shall be increased by four and nine-tenths percent each year on July 1, 2006, and on July 1, 2007, subject to an annual appropriation for such purposes.
Acts 2006, No. 638, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:49. Salary as recommended by the Judicial Compensation Commission

RS 13:49 - Salary as recommended by the Judicial Compensation Commission
Notwithstanding any other provision of law to the contrary, and subject to an annual appropriation for such purposes, the actual salary of the supreme court, courts of appeal, and district court judges shall be increased by four and one-half, four and six-tenths, and four and nine-tenths percent, respectively, each year on July 1, 2008, July 1, 2009, and on July 1, 2010, and further that the state-paid actual salary of city court and parish court judges shall be increased by four and nine-tenths percent each year on July 1, 2008, July 1, 2009, and on July 1, 2010, subject to an annual appropriation for such purposes.
Acts 2007, No. 422, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:50. Salary as recommended by the Judicial Compensation Commission

RS 13:50 - Salary as recommended by the Judicial Compensation Commission
Pursuant to the Judicial Compensation Commission's report dated January 9, 2018:
(1) Subject to the provisions of Paragraph (3) of this Section, the actual salary of the judges of the supreme court, courts of appeal, and district courts shall be increased by two and one-half percent on July first of 2019, 2020, 2021, 2022, and 2023.
(2) Subject to the provisions of Paragraph (3) of this Section, the state-paid actual salary of the judges of city courts and parish courts shall be increased by two and one-half percent on July first of 2019, 2020, 2021, 2022, and 2023.
(3)(a) The salary increases authorized by Paragraphs (1) and (2) of this Section shall be contingent upon approval prior to each July first by the Louisiana Supreme Court and the Louisiana Judicial Budgetary Control Board, after each has made a determination that the judiciary has sufficient funding from the state and other sources to fund the salary increases prior to approving the increases.
(b) Any salary increase authorized pursuant to this Section for Fiscal Year 2020 shall be funded by the judiciary.
(4) Effective July 1, 2020, any local or state official eligible for compensation pursuant to the provisions of R.S. 13:5521 shall not be eligible for a salary increase pursuant to the provisions of this Section for that same fiscal year.
Acts 2013, No. 375, §1; Acts 2019, No. 178, §1, eff. June 11, 2019.
NOTE: See Acts 2013, No. 375, §2, relative to contingency provisions.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:61. Judicial Council

RS 13:61 - Judicial Council
A.(1) The Judicial Council of the Supreme Court of Louisiana shall adopt determinate standards and guidelines which shall be applied by the council in determining whether to approve the necessity of creating any new judgeship of the supreme court, courts of appeal, district courts, city courts, parish courts, juvenile courts, family courts, traffic courts, and municipal courts, including the creation of any new office of commissioner, magistrate, hearing officer, or any other judicial office by whatever other name designated.
(2) The Judicial Council shall adopt determinate standards and guidelines which shall be applied by the council in determining whether to approve the necessity of splitting or merging any courts of appeal, district courts, city courts, parish courts, juvenile courts, family courts, traffic courts, and municipal courts.
B.(1) Before a bill is acted upon by the legislature to create a new judgeship or office designated in Paragraph (A)(1) of this Section, a designee of the Judicial Council shall provide information to the appropriate standing committees of the House of Representatives or of the Senate as to approval of the council as to the necessity of creating the new judgeship or office of commissioner, magistrate, or hearing officer.
(2) Before a bill is acted upon by the legislature to split or merge courts designated in Paragraph (A)(2) of this Section, a designee of the Judicial Council shall provide information to the appropriate standing committees of the House of Representatives or of the Senate as to approval of the council as to the necessity of splitting or merging the courts.
C. The legislature shall not be required to act upon or enact legislation creating a new judgeship or office of commissioner, magistrate, or hearing officer even though the council has authorized the creation of the new office.
D. The provisions of this Section shall not apply to justice of the peace courts, mayors' courts, or administrative law judges employed by the Division of Administrative Law.
E. The Judicial Council shall have the authority to conduct an annual review of judicial districts and appellate circuits and shall provide information and recommendations to the legislature on the appropriate number of district and appellate court judgeships within each district or circuit based upon caseload, population, or other pertinent factors, including the findings and recommendations of the Judicial Structure Task Force established by House Resolution No. 30 of the 2022 Regular Session of the Legislature. The recommendations may include proposed revisions to specific constitutional or statutory language addressing the number of such judges in each district or circuit, the need for district or circuit merger or other actions, and the filling of judicial office vacancies in such district or circuit.
Acts 2003, No. 163, §1; Acts 2006, 1st Ex. Sess., No. 16, §1; Acts 2008, No. 621, §1; Acts 2022, No. 474, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:62. Court costs and fees; submission to Judicial Council; recommendation

RS 13:62 - Court costs and fees; submission to Judicial Council; recommendation
A. As used in this Section, the following words have the meanings ascribed to them unless the context requires otherwise:
(1) "Court cost and fee" means a cost or fee paid, or to be paid, by a person to the clerk of court or sheriff, or other law enforcement official responsible for receiving the payment of costs or fees collected as a part of the imposition or execution of a criminal sentence, in connection with the filing or processing of any civil or criminal matter, or the filing or processing of any pleading in any civil or criminal matter or in connection with the imposition or execution of a sentence by a court having criminal jurisdiction, in a court of limited or general jurisdiction.
(2) "Court of limited or general jurisdiction" means district court, family court, juvenile court, city court, parish court, municipal court, and traffic court.
B. No law to provide for a new court cost or fee or to increase an existing court cost or fee shall be enacted unless first submitted to the Judicial Council for review and recommendation to the legislature. Such review and recommendation shall include, but not be limited to, factors such as whether the court cost or fee is reasonably related to the operation of the courts or court system. A copy of the proposal for a new or increased court cost or fee shall be submitted to the Judicial Council no later than October fifteenth of the calendar year before the proposal is intended to be introduced in the legislature, and a copy shall be provided to the legislature, through the clerk of the House of Representatives and the secretary of the Senate, at the time it is submitted to the Judicial Council for review. The Judicial Council shall notify the legislature of its recommendation, through the clerk of the House of Representatives and the secretary of the Senate, by March first of each year.
C. The provisions of this Section shall apply only to court costs or fees, or increases to an existing court cost or fee to be charged or collected by the supreme court, courts of appeal, district courts, city courts, parish courts, juvenile courts, family courts, traffic courts, or municipal courts. The provisions of this Section shall not apply to mayor's courts, magistrate courts, or justice of the peace courts.
Acts 2003, No. 202, §1; Acts 2011, No. 245, §1; Acts 2018, No. 553, §1.