reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:681. Disposition of unmarked burial sites, human skeletal remains, and burial artifacts

RS 8:681 - Disposition of unmarked burial sites, human skeletal remains, and burial artifacts
A. Whenever an unmarked burial site, human skeletal remains from an unmarked burial site, or burial artifacts are reported to the secretary, the disposition of unmarked burial sites, human skeletal remains, or burial artifacts shall proceed as follows:
(1) Every reasonable effort is to be made to restore the unmarked burial site and to avoid disturbing the human skeletal remains or burial artifacts:
(a) If the secretary determines that the burial site has significant scientific value, the secretary may issue a permit for scientific study.
(b) Any agreement by the owner of the property to leave the unmarked burial site undisturbed shall not constitute consent on the owner's part to allow relatives of the deceased or any other interested parties free access to the site without the owner's permission.
(2) The secretary shall make reasonable efforts to identify and locate persons who can establish direct kinship with or descent from the individual whose remains have been found.
(3) If the unmarked burial site or the human skeletal remains can be shown to have ethnic affinity with a living Native American tribe, the secretary shall notify the tribe of the discovery.
(4) If the human skeletal remains must be removed, then control of the disposition of these remains shall be in the following order:
(a) If any direct relations or descendants are found, such person or persons shall have the right to control the disposition of the human skeletal remains in accordance with R.S. 8:659.
(b) If the human skeletal remains can be shown to have ethnic affinity to any living tribe of Native Americans, then the tribe shall have control of the disposition of the human skeletal remains.
(c) If no direct relation or descendant is found or if no ethnic affinity of the human skeletal remains to any living Native American tribe can be shown or if no direct relation or descendant or Native American tribe takes responsibility for the reinterment of the human remains, then the secretary shall determine the proper disposition of the human remains.
B. If a permit has been issued pursuant to R.S. 8:676(A)(6), the cost of disinterment, reinterment, or study of the human skeletal remains shall be paid by the persons or parties requesting the permit. In the event the secretary must reinter the remains, the burial shall be paid in the same manner as an indigent or pauper burial.
C. All burial artifacts found in an unmarked burial site shall become the property of the state and the secretary shall be the custodian thereof. The disposition of the burial artifacts shall be made by the secretary in accordance with regulations. The secretary may donate the burial artifacts to an educational institution, a public museum, or a Native American tribe for display and study purposes. In no event, however, shall the secretary or any recipient sell the burial artifacts.
Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:702. Standards of construction

RS 8:702 - Standards of construction
No undeveloped land shall be sold or otherwise disposed of for use for the interment of human remains unless the person, cemetery authority, or other entity that intends to sell or otherwise dispose of such land for such use has made reasonable and adequate provisions for the installation of the necessary roadways, walkways, drainage, embellishments, features, landscaping, and other facilities that will ensure the completion of the undeveloped land into the kind of cemetery that is being or will be represented for sale to the buying public.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:703. Compliance with ordinances and specifications

RS 8:703 - Compliance with ordinances and specifications
The development of the undeveloped land shall comply with the laws, ordinances, building codes, and any and all other lawful requirements of the state, parish, and municipality in which the land is located.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:704. Improper use a nuisance; penalty

RS 8:704 - Improper use a nuisance; penalty
Every landowner who sells or otherwise disposes of or causes or permits the sale or other disposition of undeveloped land for use for the interment of human remains in violation of this Section shall be guilty of maintaining a public nuisance and, upon conviction, shall be punishable by a fine of not less than five hundred dollars nor more than five thousand dollars or by imprisonment for not less than one month nor more than six months, or both.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:705. Construction in compliance with existing laws

RS 8:705 - Construction in compliance with existing laws
The penalties of this Title shall not apply as to any land that is being used for the interment of human remains if the continued use of such land is not in violation of the laws for the protection of public health.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:705.1. Commencement requirements; application form; application fee

RS 8:705.1 - Commencement requirements; application form; application fee
A. Prior to the first sale of a cemetery space or the right of use or interment in any cemetery space in a garden which has not yet been developed, the cemetery authority shall submit to the board all of the following:
(1) A copy of the preliminary plans.
(2) A map or plat delineating the sections, blocks, plots, or other subdivisions with descriptive names or numbers.
(3) A copy of all sales promotion material.
(4) A copy of the pre-construction sales contract.
B. The cemetery authority shall submit the information required in this Subsection on an application form prescribed by the board, accompanied by an application fee of two hundred fifty dollars to cover the board's reasonable and ordinary expenses associated with determining compliance with the applicable provisions of this Title.
Acts 2015, No. 222, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:706. Commencement and completion requirements

RS 8:706 - Commencement and completion requirements
A. A cemetery authority shall commence the installation of the necessary improvements to the undeveloped land in which sales, contracts for sales, or reservations for sales are being made, within twenty-four months after the date of the first such sale. The completion of all such necessary improvements shall be no later than forty-eight months after the date of the first sale. However, extensions for completion, not to exceed six months, may be granted by the board for reasonable cause, but in no event shall any such extension exceed one year, with the exception of extensions provided pursuant to Subsection B of this Section.
B. The board, at its discretion, may grant an extension to the time period set forth in Subsection A of this Section based upon the occurrence of a force majeure event. Such an extension shall be granted only for reasonable cause. Each force majeure event shall be treated as a separate incident.
C. Failure to commence or complete development within the time required in this Section shall be a misdemeanor punishable by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment of not less than thirty days nor more than one year, or both.
Acts 1974, No. 417, §1; Acts 2010, No. 63, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:801. Recognized owner of title

RS 8:801 - Recognized owner of title
The person or persons or entity in whose names the official title to a cemetery space appears in the official records of a cemetery authority shall be treated as the owner of the space by the cemetery authority.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:802. Transfer of ownership rights

RS 8:802 - Transfer of ownership rights
A. In order to insure that at all times the cemetery authority will have complete and accurate records, the sale or transfer of any right of interment or cemetery space, shall not be binding upon a cemetery authority until approved in writing by a duly authorized officer, agent or employee of the cemetery authority and duly recorded in the official records of the cemetery.
B. A cemetery authority may refuse to give its consent to a sale, use, or transfer of, or may refuse to issue a deed or other evidence of title to a cemetery space or the right of interment, if there is any indebtedness due on such right of interment or cemetery space.
C. The transfer of any right of interment or cemetery space, whether by conveyance, assignment of a purchase contract, or otherwise, shall be subject to all of the terms, provisions and conditions of the rules and regulations of the cemetery authority, as amended from time to time.
D. All transfers of rights of interment or cemetery space shall be subject to the payment of such reasonable fees and charges as may be established from time to time on a uniform basis by the cemetery authority, and such fees and charges shall be paid before any transfer is approved by and recorded in the records of the cemetery authority.
E. Whenever a cemetery authority makes an interment on the authority of a person who presents the official title to the cemetery space in which the interment is to be made, the right of the cemetery authority to make the interment shall be conclusively presumed, but it shall have the right to refuse to permit an interment if it receives a written protest from any person who, in the sole judgment of an officer of the cemetery authority, has a reasonable basis for objecting.
F. In dealing with an owner, a cemetery authority may rely upon, for all purposes, the last address of the owner that is on file in the office of the cemetery authority, and any notice forwarded to the owner of record at the address shall be conclusively considered as sufficient and proper legal notification for any and all purposes. If an owner wishes to change his official address, it shall be his duty to notify the cemetery authority, in writing, and when such a notice is received by the cemetery authority, the owner's address shall be promptly changed and, thereafter, the new address shall prevail for all purposes.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:803. Descent of title to cemetery space

RS 8:803 - Descent of title to cemetery space
Except as otherwise provided in this Chapter, every right of interment and cemetery space shall be subject to the laws of this state pertaining to community property, inheritance, including but not limited to the laws of intestacy, donations inter vivos and mortis causa, and successions.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:804. Affidavit as authorization

RS 8:804 - Affidavit as authorization
In the absence of a formal judgment of possession in the succession of the record owner of a cemetery space or right of interment, an affidavit by a disinterested but informed person of the facts setting forth the fact of the death of the record owner and identifying the spouse and legal heirs of the decedent shall be complete and sufficient authorization for a cemetery authority to permit the use of any unoccupied portion of a cemetery space by the person or persons entitled to the use thereof.
Acts 1974, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:805. When right of interment or cemetery space is inalienable

RS 8:805 - When right of interment or cemetery space is inalienable
Subject to the approval of the cemetery authority, any cemetery space in any cemetery may be conveyed by the owner or owners, by proper instrument in a form approved by the cemetery authority, or such conveyance may be so provided in the last will and testament of the owner to the cemetery authority in perpetual trust for its preservation as a place of interment and shall thereafter remain forever inalienable by act of the parties. The right to use the cemetery space as a place of interment of the dead of the family of the owner and his descendants shall descend from generation to generation, unless the act of conveyance in trust provides that interments in the space shall be confined to the remains of specified persons, in which case the space shall be forever preserved for the remains of the persons so specified and shall never be used for any other purpose.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:806. Rights of co-owners

RS 8:806 - Rights of co-owners
When the record title to a cemetery space or right of interment is in the names of two or more persons, each shall be considered as having a vested right therein and no conveyance or other disposition of the space or right shall be recognized without the written concurrence of each record owner, but each owner shall have the right of interment in any unoccupied portion of the cemetery space at the time of death.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:807. Co-owners; identification

RS 8:807 - Co-owners; identification
An affidavit by any informed but disinterested person having knowledge of the facts setting forth the fact of the death of one co-owner and establishing the identity of the surviving co-owner named in the deed to any cemetery space or right of interment, when filed with the cemetery authority, shall constitute complete and sufficient authorization to the cemetery authority to permit the use of one unoccupied portion of the space in accordance with the directions of the surviving co-owner.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:808. Co-owners may designate representative

RS 8:808 - Co-owners may designate representative
When there are two or more owners of a cemetery space or right of interment, they may designate one or more persons, firms or corporations, trustees, or other entities to represent them and, upon filing written notice of designation with the cemetery authority, the cemetery authority in its discretion shall have the right to deal with such representative unless the cemetery authority receives written revocation of the designation executed by all of the co-owners or their heirs or legal representatives.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:809. Waiver of right of interment

RS 8:809 - Waiver of right of interment
Any surviving spouse, parent, child, or heir having a right of interment in an interment space may waive such right in favor of any other relative or spouse of a relative of the deceased record owner. Upon such waiver, the remains of the person in whose favor the waiver is made may be interred in the interment space.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:811. Limitations on vested rights

RS 8:811 - Limitations on vested rights
No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of any deceased person having a prior vested right of interment have been interred, nor does it give any person the right to have the remains of more than one deceased person interred in a single interment space in violation of the rules and regulations of the cemetery authority of the cemetery in which the interment space is located.
Acts 1974, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:812. Conveyance of cemetery spaces; formality and recordation

RS 8:812 - Conveyance of cemetery spaces; formality and recordation
Cemetery authorities that own land destined as places for the interment of human remains may convey portions thereof, or cemetery spaces located therein, for interments. The acts of conveyance shall be passed under the form prescribed by the cemetery authority, and any acts so made shall be equally authentic and impart full proof as if passed before a notary and two witnesses. It shall not be necessary to record such instruments in any public office.
Acts 1974, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:813. Correction of errors

RS 8:813 - Correction of errors
A cemetery authority shall have the right to correct any and all errors that may occur in or in connection with the operation of the cemetery, including without limitation those involving or in connection with the making of an interment, disinterment, or removal, or the description, transfer, granting the right of use, or conveyance of a cemetery space, and in this connection, the cemetery authority shall have the right to substitute, grant the right of use, or convey, in order to correct any such errors, other interment rights, approximately equal in value and location as far as feasible, as selected by the authority; or, in the sole discretion of the authority, the correction of an error may be accomplished by the refunding of the amount of money paid on account of the acquisition or use of a cemetery space. If an error involves an interment, the cemetery authority shall have the right to remove and transfer the remains that are involved.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:901. Unlawful to use, lease, or sell for drilling, mining, or prospecting; penalty

RS 8:901 - Unlawful to use, lease, or sell for drilling, mining, or prospecting; penalty
A. It shall be unlawful to use, lease, or sell any tract of land which is platted, laid out, or dedicated for cemetery purposes and in which human bodies are interred, on any part of such tract, for the purpose of prospecting, drilling, or mining; provided that the prohibition of leasing contained in this Section shall not apply to any oil, gas, or mineral lease that contains a stipulation forbidding drilling or mining operations upon that portion of the leased premises which is included within the cemetery.
B. Whoever violates this Section shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned for not less than thirty days nor more than six months, or both, and each day during which drilling, mining, or prospecting is conducted or prosecuted shall be considered a separate offense.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:902. Underground burials; depth

RS 8:902 - Underground burials; depth
Any cemetery sexton or other person digging graves for underground interments shall dig sufficiently deep to allow for at least two feet of soil to cover the entire area of the casket, unless the interment is in a burial vault, coping, or lawn crypt.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:903. Maintenance of cemetery spaces more than fifty years old; sale of repaired abandoned cemetery spaces

RS 8:903 - Maintenance of cemetery spaces more than fifty years old; sale of repaired abandoned cemetery spaces
A. Cemetery authorities may renovate and repair but not demolish, at their own cost or in conjunction with any private, state, or federal grant or fund, cemetery spaces within their cemeteries that are more than fifty years old and which have deteriorated, when the record owner or his spouse or heirs have neglected to do such renovation within one year after written notice mailed by registered or certified mail to the last known address of the last record owner on the records of the cemetery authority, the posting of notice on each of such cemetery spaces, and advertising in the official journal of the parish or municipality notifying the owner thereof that such renovation and repair will be made, unless the owner thereof objects by written notice to the office of the cemetery authority before the end of the one-year period. Upon failing to receive any objections, after due notice has been given, the cemetery authority may proceed with the repairs or renovations with impunity.
B. Cemetery authorities may require the payment of all documented repair and renovation costs before any such renovated or repaired interment space may thereafter be used.
C. The repaired space shall revert to the ownership of the cemetery authority in the case of municipal, religious, and nonprofit cemeteries when the cemetery authority has been unable to locate, after diligent efforts, any of the owners or their successors or heirs for a period of three years following the repair or renovation, and such cemetery authority may take possession of such interment spaces and sell and convey same subject to rules and regulations as set forth in R.S. 8:308(A).
Acts 1991, No. 289, §4; Acts 1991, No. 430, §1; Acts 1992, No. 82, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:904. Speculative sales and purchases prohibited; penalties

RS 8:904 - Speculative sales and purchases prohibited; penalties
A. It is declared to be against the public policy of this state for any person, firm, corporation, association, or other legal entity to speculate in interment spaces. Accordingly, it shall be unlawful for any person, firm, corporation, association, or other legal entity, except a licensed cemetery authority, to sell or buy an interment space or spaces for the purpose of resale at a profit.
B. Whoever violates this Section shall be fined no more than five hundred dollars or be imprisoned for not more than six months, or both, for each interment space bought or sold.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:905. Upkeep of cemeteries; local ordinance authorized; penalty; definition of shareholder

RS 8:905 - Upkeep of cemeteries; local ordinance authorized; penalty; definition of shareholder
A. Each municipality having a population of twenty-five thousand or less persons according to the latest federal decennial census and having a commission form of government shall be authorized to adopt an ordinance requiring owners or shareholders of a cemetery to insure that the owner or corporation's cemetery is kept neat and orderly.
B. Such a municipality may also adopt as a penalty a fine not to exceed five hundred dollars or imprisonment for not more than six months, or both.
C. As used in this Section, "shareholder" means any person who owns a controlling share or a majority of the stock of the cemetery corporation.
Acts 1984, No. 289, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:906. Additional ad valorem tax; Evangeline Parish

RS 8:906 - Additional ad valorem tax; Evangeline Parish
Notwithstanding the rate limitations of R.S. 8:105 and of R.S. 33:2740.1 but otherwise in accordance with R.S. 8:104 and 105, the governing authority of Evangeline Parish may levy an ad valorem tax not in excess of two mills when the proposed tax is approved by a majority of the qualified electors voting on the proposition at an election held for that purpose and conducted in accordance with the Louisiana Election Code.
Acts 1996, 1st Ex. Sess., No. 27, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:907. Interment of pet remains

RS 8:907 - Interment of pet remains
A. The interment of pet remains in a cemetery may be available to an owner of a cemetery space and other persons having the right of interment in a cemetery space only in those circumstances where all of the following occur:
(1) The cemetery space is in a cemetery or a specifically designated section of a cemetery where no prior interments of human remains have been made and is dedicated by the cemetery authority to be used for the interment of human remains with cremated pet remains by an official act of dedication or an amendment to an existing dedication filed in accordance with R.S. 8:304(B).
(2) The interment is incidental to the interment of human remains, whether before, concurrent with, or after the interment of the pet remains.
(3) Written authorization for the interment of the cremated remains of a pet has been given by the owner of the cemetery space or a person having the right of interment in a cemetery space in accordance with the adopted rules and regulations of the cemetery authority. The cemetery authority shall have no duty or responsibility to determine the ownership of the pet remains or right of the person authorizing the interment of pet remains to make the disposition thereof.
(4) The use of such cemetery spaces complies with the rules and regulations adopted by the cemetery authority.
B. Pet remains disposed of in accordance with the provisions of this Section shall be cremated, stored in a closed receptacle, and placed in a grave, vault, crypt, or niche. The cemetery authority shall provide a list of approved charges for the interment of such remains, and a cemetery authority may limit the types of pets and the types of interments of pet remains allowed in a cemetery.
C. Nothing in this Section shall be construed as requiring a cemetery authority to allow interment of pet remains in a cemetery not dedicated for such purposes in accordance with this Section.
D. Cremated pet remains shall be considered personal property and, as such, may be included in an interment subject to the terms of this Section and the rules and regulations of a cemetery authority as permitted in this Title.
E. Nothing in this Section shall operate to cancel or modify preexisting contracts related to cemeteries, interments, or dispositions.
F. In accordance with this Section, there shall be no liability for a cemetery authority for permitting the interment of cremated pet remains or for not permitting the interment of pet remains in a cemetery that has not been dedicated for the purpose of interment of pet remains.
Acts 2023, No. 20, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:51. Civil rights and duties

RS 9:51 - Civil rights and duties
Women have the same rights, authority, privileges, and immunities, and shall perform the same obligations and duties as men in the holding of office including the civil functions of tutor, under tutor, curator, under curator, administrator, executor, arbitrator, and notary public.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:101. Emancipation from all disabilities and incapacities; obligations

RS 9:101 - Emancipation from all disabilities and incapacities; obligations
All married women, including non-residents so far as they are affected by the laws of this state, are fully emancipated from all the disabilities and relieved from all the incapacities to which, as such, they were formerly subject. They may make contracts of all kinds, and assume or stipulate for obligations of all kinds, in any form or manner now permitted, or which may hereafter be permitted, by law for any person, married or unmarried, of either sex, and in no case shall any act, contract, or obligation of a married woman require, for the validity or effectiveness thereof, the authority of her husband or of the judge.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:103. Binding themselves or disposing of or hypothecating property for benefit of husband or community; contracts with husband

RS 9:103 - Binding themselves or disposing of or hypothecating property for benefit of husband or community; contracts with husband
Married women may obligate themselves personally in any form, or dispose of or hypothecate their property, as security or otherwise, for the benefit of their husbands or of the community between them and their husbands.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:105. Laws relating to matrimonial community and separate property not affected

RS 9:105 - Laws relating to matrimonial community and separate property not affected
Nothing contained in R.S. 9:101, 9:102, and 9:103 is intended to modify or affect the laws relating to the matrimonial community of acquets and gains or the laws prescribing what is deemed the separate property of the spouses.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:111. Definition of death

RS 9:111 - Definition of death
A. A person will be considered dead if in the announced opinion of a physician, duly licensed in the state of Louisiana based on ordinary standards of approved medical practice, the person has experienced an irreversible cessation of spontaneous respiratory and circulatory functions. In the event that artificial means of support preclude a determination that these functions have ceased, a person will be considered dead if in the announced opinion of a physician, duly licensed in the state of Louisiana based upon ordinary standards of approved medical practice, the person has experienced an irreversible total cessation of brain function. Death will have occurred at the time when the relevant functions ceased. In any case when organs are to be used in a transplant, then an additional physician, duly licensed in the state of Louisiana not a member of the transplant team, must make the pronouncement of death unless a hospital has adopted a written policy allowing that a single physician, duly licensed in the state of Louisiana, not a member of the transplant team, may make the pronouncement of death. In all cases in which a hospital written policy provides that a single physician makes the pronouncement of death, such policy shall also require an opinion by a second physician, not a member of the transplant team, as to the candidacy of the person for the process of organ donation.
B. The medical pronouncement of death by a coroner may also be based on personal observation, information, or statements obtained from coroner investigators, registered nurses, physician assistants, or emergency medical technicians at the scene who are reporting from firsthand observation of the physical condition of the deceased. The time of death shall be reported as the time that the death was reported or discovered. The name of the personnel that the coroner is relying on shall be noted on the coroner's investigative report.
Added by Acts 1976, No. 233, §1; Acts 2001, No. 317, §1; Acts 2010, No. 937, §1, eff. July 1, 2010; Acts 2015, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:121. Human embryo; definition

RS 9:121 - Human embryo; definition
A "human embryo" for the purposes of this Chapter is an in vitro fertilized human ovum, with certain rights granted by law, composed of one or more living human cells and human genetic material so unified and organized that it will develop in utero into an unborn child.
Acts 1986, No. 964, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:122. Uses of human embryo in vitro

RS 9:122 - Uses of human embryo in vitro
The use of a human ovum fertilized in vitro is solely for the support and contribution of the complete development of human in utero implantation. No in vitro fertilized human ovum will be farmed or cultured solely for research purposes or any other purposes. The sale of a human ovum, fertilized human ovum, or human embryo is expressly prohibited.
Acts 1986, No. 964, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:123. Capacity

RS 9:123 - Capacity
An in vitro fertilized human ovum exists as a juridical person until such time as the in vitro fertilized ovum is implanted in the womb; or at any other time when rights attach to an unborn child in accordance with law.
Acts 1986, No. 964, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:124. Legal status

RS 9:124 - Legal status
As a juridical person, the in vitro fertilized human ovum shall be given an identification by the medical facility for use within the medical facility which entitles such ovum to sue or be sued. The confidentiality of the in vitro fertilization patient shall be maintained.
Acts 1986, No. 964, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:126. Ownership

RS 9:126 - Ownership
An in vitro fertilized human ovum is a biological human being which is not the property of the physician which acts as an agent of fertilization, or the facility which employs him or the donors of the sperm and ovum. If the in vitro fertilization patients express their identity, then their rights as parents as provided under the Louisiana Civil Code will be preserved. If the in vitro fertilization patients fail to express their identity, then the physician shall be deemed to be temporary guardian of the in vitro fertilized human ovum until adoptive implantation can occur. A court in the parish where the in vitro fertilized ovum is located may appoint a curator, upon motion of the in vitro fertilization patients, their heirs, or physicians who caused in vitro fertilization to be performed, to protect the in vitro fertilized human ovum's rights.
Acts 1986, No. 964, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:128. Qualifications

RS 9:128 - Qualifications
Only medical facilities meeting the standards of the American Fertility Society and the American College of Obstetricians and Gynecologists and directed by a medical doctor licensed to practice medicine in this state and possessing specialized training and skill in in vitro fertilization also in conformity with the standards established by the American Fertility Society or the American College of Obstetricians and Gynecologists shall cause the in vitro fertilization of a human ovum to occur. No person shall engage in in vitro fertilization procedures unless qualified as provided in this Section.
Acts 1986, No. 964, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:129. Destruction

RS 9:129 - Destruction
A viable in vitro fertilized human ovum is a juridical person which shall not be intentionally destroyed by any natural or other juridical person or through the actions of any other such person. An in vitro fertilized human ovum that fails to develop further over a thirty-six hour period except when the embryo is in a state of cryopreservation, is considered non-viable and is not considered a juridical person.
Acts 1986, No. 964, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:130. Duties of donors

RS 9:130 - Duties of donors
An in vitro fertilized human ovum is a juridical person which cannot be owned by the in vitro fertilization patients who owe it a high duty of care and prudent administration. If the in vitro fertilization patients renounce, by notarial act, their parental rights for in utero implantation, then the in vitro fertilized human ovum shall be available for adoptive implantation in accordance with written procedures of the facility where it is housed or stored. The in vitro fertilization patients may renounce their parental rights in favor of another married couple, but only if the other couple is willing and able to receive the in vitro fertilized ovum. No compensation shall be paid or received by either couple to renounce parental rights. Constructive fulfillment of the statutory provisions for adoption in this state shall occur when a married couple executes a notarial act of adoption of the in vitro fertilized ovum and birth occurs.
Acts 1986, No. 964, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:132. Liability

RS 9:132 - Liability
Strict liability or liability of any kind including actions relating to succession rights and inheritance shall not be applicable to any physician, hospital, in vitro fertilization clinic, or their agent who acts in good faith in the screening, collection, conservation, preparation, transfer, or cryopreservation of the human ovum fertilized in vitro for transfer to the human uterus. Any immunity granted by this Section is applicable only to an action brought on behalf of the in vitro fertilized human ovum as a juridical person.
Acts 1986, No. 964, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:133. Inheritance rights

RS 9:133 - Inheritance rights
Inheritance rights will not flow to the in vitro fertilized ovum as a juridical person, unless the in vitro fertilized ovum develops into an unborn child that is born in a live birth, or at any other time when rights attach to an unborn child in accordance with law. As a juridical person, the embryo or child born as a result of in vitro fertilization and in vitro fertilized ovum donation to another couple does not retain its inheritance rights from the in vitro fertilization patients or a donor of gametes used in the in vitro fertilization process, unless the donor is a person from whom the child could otherwise inherit under laws of succession notwithstanding the in vitro fertilization process.
Acts 1986, No. 964, §1; Acts 2016, No. 495, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:151. Short title

RS 9:151 - Short title
This Chapter may be cited as the "Uniform Unclaimed Property Act of 1997".
Acts 1986, No. 829, §1, eff. July 10, 1986; Acts 1997, No. 809, §1, eff. July 10, 1997.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:152. Uniformity of application and construction

RS 9:152 - Uniformity of application and construction
This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it.
Acts 1986, No. 829, §1, eff. July 10, l986; Acts 1997, No. 809, §1, eff. July 10, 1997.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:154.1. Compensation for expropriation; ownership; town of Berwick

RS 9:154.1 - Compensation for expropriation; ownership; town of Berwick
A. Notwithstanding the provisions of R.S. 9:154, monetary funds paid by the town of Berwick into the registry of the court for the expropriation of property and which monetary funds would otherwise be deemed abandoned pursuant to R.S. 9:154, and which monetary funds have not been claimed by any person for a period in excess of five years, shall revert to being funds of the town of Berwick, and any such monetary funds held by the administrator or the court shall be returned to the town of Berwick.
B. The administrator who returns the funds to the town of Berwick shall be relieved of all liability which may arise with respect to the funds which have been returned to the town of Berwick.
Acts 2001, No. 836, §1; Acts 2019, No. 8, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:154.3. Crescent City Connection amnesty program; disposition

RS 9:154.3 - Crescent City Connection amnesty program; disposition
Notwithstanding any other provision of law to the contrary, the Crescent City Amnesty Refund Fund is hereby abolished and any monies remaining in the fund shall be transferred for the use of the Department of Transportation and Development.
Acts 2014, No. 762, §1, eff. June 19, 2014; Acts 2018, No. 612, §3, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:155. Contents of safe deposit box or other safekeeping depository

RS 9:155 - Contents of safe deposit box or other safekeeping depository
A. Intangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business, and proceeds resulting from the sale of the property permitted by other law, shall be presumed abandoned if it remains unclaimed by the owner for more than five years after expiration of the lease or rental period on the box or other depository.
B.(1) Military medals and all associated documents held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business shall be presumed abandoned if it remains unclaimed by the owner for more than five years after expiration of the lease or rental period on the box or other depository.
(2) Military medals and all associated documents presumed abandoned pursuant to this Subsection shall be forwarded by the holder to the Louisiana Department of Treasury, unclaimed property division.
(3) The Louisiana Department of Treasury, unclaimed property division, may enter into an agreement with the Louisiana Department of Veterans Affairs whereby the Department of Veterans Affairs may store and locate the appropriate owners for the return of the abandoned military medals and all associated documents.
Acts 1986, No. 829, §1, eff. July 10, 1986; Acts 1997, No. 809, §1, eff. July 10, 1997; Acts 2019, No. 439, §1, eff. July 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:156. Rules for taking custody

RS 9:156 - Rules for taking custody
Unless otherwise provided in this Chapter or by other statute of this state, property that is presumed abandoned, whether located in this or another state, shall be subject to the custody of this state if any of the following applies:
(1) The last known address of the apparent owner, as shown on the records of the holder, is in this state.
(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state.
(3) The records of the holder do not reflect the last known address of the apparent owner and it is established that any of the following applies:
(a) The last known address of the person entitled to the property is in this state.
(b) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property.
(4) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state.
(5) The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is a domiciliary or a government or governmental subdivision or agency of this state.
(6) The transaction out of which the property arose occurred in this state, the holder is a domiciliary of a state that does not provide for the escheat or custodial taking of the property and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property.
(7) The property is a traveler's check, cashier's check, teller's check, or other official bank issued check, or money order purchased in this state, or the issuer of the traveler's check, cashier's check, teller's check, or other official bank issued check, or money order has its principal place of business in this state and the issuer's records do not show the state in which the instrument was purchased or show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property.
Acts 1986, No. 829, §1, eff. July 10, 1986; Acts 1997, No. 809, §1, eff. July 10, 1997; Acts 2009, No. 86, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:157. Dormancy charge

RS 9:157 - Dormancy charge
A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner pursuant to which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction is limited to an amount that is not unconscionable.
Acts 1986, No. 829, §1, eff. July 10, 1986; Acts 1988, No. 1006, §1, eff. Aug. 1, 1988; Acts 1997, No. 809, §1, eff. July 10, 1997.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:157.1. Prohibited charges by licensee operator or sports wagering account operator

RS 9:157.1 - Prohibited charges by licensee operator or sports wagering account operator
No licensee, operator, or sports wagering account operator holding a sports wagering account which has been abandoned pursuant to R.S. 9:154 shall charge an administration fee or maintenance fee for any abandoned sports wagering account derived from Louisiana residents at any time or for any reason.
Acts 2022, No. 510, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:158. Burden of proof as to property evidenced by record of check or draft

RS 9:158 - Burden of proof as to property evidenced by record of check or draft
A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that must be established by the holder.
Acts 1986, No. 829, §1, eff. July 10, 1986; Acts 1997, No. 809, §1, eff. July 10, 1997.