reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:63. Abortion, induced termination of pregnancy; purpose

RS 40:63 - Abortion, induced termination of pregnancy; purpose
The purpose of this Part shall be the compilation of relevant maternal life and health factors and data concerning abortions which may be used in the improvement of maternal health and life. The further purpose and function of this Part shall be to serve as a monitor on all induced terminations of pregnancies performed in the state of Louisiana to assure that they are performed only in accordance with the provisions of law.
Acts 1979, No. 776, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:64. Forms for collection of data

RS 40:64 - Forms for collection of data
The state registrar shall prescribe forms for the collection of information and statistics with respect to abortions. Such forms shall require, but not be limited to, the following information:
(1) The age, marital status, and state and parish (county) of residence of the woman who is aborted.
(2) The place where the abortion is performed.
(3) The full name and address of the physician or physicians performing the abortion.
(4) The age, marital status, and state and parish (county) of residence of the father, if known.
(5) Medical reason for the abortion.
(6) Medical procedure employed to procure the abortion.
(7) The length of the aborted fetus.
(8) The weight of the aborted fetus.
(9) Other significant conditions of the fetus and mother.
(10) The results of pathological examinations of all aborted fetuses, as required by R.S. 40:1061.13.
Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:65. Completion of forms; filing with vital records registry

RS 40:65 - Completion of forms; filing with vital records registry
The information required by the form for which provision is made in R.S. 40:64 shall be completed by the physician or physicians performing the abortion in each case in which an abortion is performed. Such completed form shall be transmitted by the physician or physicians to the vital records registry within fifteen days of the performing of such abortion.
Acts 1979, No. 776, §1. Amended by Acts 1986, No. 876, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:66. Failure to complete form; penalty

RS 40:66 - Failure to complete form; penalty
Failure to complete such form as required in R.S. 40:65 shall be a misdemeanor punishable by imprisonment for ninety days in jail or by a five hundred dollar fine, or both. Such failure to complete such form and to timely transmit same shall be admissible as evidence that the unreported abortion was illegal.
Acts 1979, No. 776, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:67. Persons over twelve years of age; establishment of birth record

RS 40:67 - Persons over twelve years of age; establishment of birth record
Any person born in Louisiana who is over twelve years of age and who has no birth record on file with the vital records registry may establish a birth record through the district courts of the various parishes of the state provided he cannot otherwise meet the requirements for obtaining a delayed birth registration.
Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:68. Petition

RS 40:68 - Petition
The suit shall be filed contradictorily against the state registrar either in the parish of residence or the parish of birth. Persons born in Louisiana and residing outside the state must file suit in the parish of birth. The petition shall be accompanied by a letter from the vital records registry bearing the raised imprint of the seal of the state and the letter shall be made a part of the suit and shall state to the effect that the petitioner has no record on file.
Acts 1979, No. 776, §1. Acts 1986, No. 876, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:69. Proof required

RS 40:69 - Proof required
The court shall require such proof as it deems necessary to be convinced of the true birth facts of the petitioner such as full name of registrant at birth, birth date, city or town and parish of birth, sex, race, mother's maiden name and father's name, also parents' birth places. Persons who have had their names changed by court order prior to filing the suit to establish a delayed certificate of birth must file a certified copy of the judgment ordering the change of name together with the petition and the letter from the registration authority.
Acts 1979, No. 776, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:72. Record of adoptions prior to July 27, 1938

RS 40:72 - Record of adoptions prior to July 27, 1938
When a person who was born in Louisiana and who was adopted prior to July 27, 1938, or when any person, who adopted prior to July 27, 1938, any person born in Louisiana, by observing the legal requirements for adoption in Louisiana existing at the time of the adoption, presents the original or a certified copy of the birth certificate of the adopted person and a certified copy of a final judgment decreeing the adoption or the notarial act of adoption, in accordance with the legal requirements existing on the date of the judgment or act of adoption, the state registrar shall make a record showing:
(1) The date of birth of the person adopted.
(2) The new name of the person adopted, if his name was changed in accordance with law; and
(3) The names and addresses of the adoptive parents and any other data about them that is available and adds to the completeness of the new certificate of the adopted person.
Acts 1979, No. 776, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:74. Report of annulments of adoption

RS 40:74 - Report of annulments of adoption
The clerk of court shall prepare, within ten days after the decree becomes final, from the court records, a certificate of every decree of annulment of adoption on forms furnished by the state registrar. On or before the fifteenth day of each month, the clerk shall forward the certificates prepared by him during the preceding calendar month to the state registrar.
Upon receipt of a court order of annulment of an adoption registered in his office, the state registrar shall restore the original certificate to its original place in the files.
Acts 1979, No. 776, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:75. Adult adoption; name changes

RS 40:75 - Adult adoption; name changes
A. Adult adoptions and name changes resulting from the adoptions pursuant to R.S. 9:465 shall have no effect on birth certificates maintained by the vital records registry, except that when a name change is effected pursuant to R.S. 9:465 and an affidavit is presented from the district attorney of the parish or place of residence of the requesting party indicating that there is no objection of the district attorney to the adoptee's name change along with a certified copy of the notarial act of adoption and the appropriate fee, the registrar of vital records shall prepare a new birth certificate to reflect the new name. If there is an objection from the district attorney, the registrar of vital records shall not seal the adopted person's birth certificate nor prepare a new certificate until the grounds for the objection have been removed and confirmed by a supplemental affidavit from the district attorney.
B. In such cases, the validity and civil effects of the notarial act of adoption are in no way affected and shall continue to be governed by the laws applicable thereto.
Acts 1991, No. 630, §1; Acts 2016, No. 434, §3; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:76. Record of foreign adoptions

RS 40:76 - Record of foreign adoptions
A. When a person born in Louisiana is adopted in a court of proper jurisdiction in any other state or territory of the United States, the state registrar may create a new record of birth in the archives upon presentation of a properly certified copy of the final decree of adoption or, if the case has been closed and the adoption decree has been sealed, upon the receipt of a certified statement from the record custodian attesting to the adoption decree.
B. The decree is considered properly certified when attested by the clerk of court in which it was rendered with the seal of the court annexed, if there is a court seal, together with a certificate of the presiding judge, chancellor, or magistrate to the effect that the attestation is in due form. The certified statement is considered proper when sworn to and having the seal of the foreign state or territory's record custodian.
C. Upon receipt of the certified copy of the decree, the state registrar shall make a new record in its archives, showing:
(1) The date and place of birth of the person adopted.
(2) The new name of the person adopted, if the name has been changed by the decree of adoption; and
(3) The names of the adoptive parents and any other data about them that is available and adds to the completeness of the certificate of the adopted child.
Acts 1979, No. 776, §1; Acts 1990, No. 183, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:78. Retroactive operation

RS 40:78 - Retroactive operation
The provisions of this Part relative to controlled access to sealed adoption records and R.S. 9:437 shall all apply to adoption decrees rendered at any time, prior to, as well as after, the effective date of this Chapter.
Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:92. Certificate of stillbirth; requirements

RS 40:92 - Certificate of stillbirth; requirements
A.(1) In addition to the requirements in R.S. 40:47 and 49, the state registrar shall establish a certificate of stillbirth on a form approved by the state registrar for each spontaneous fetal death which occurs in this state after twenty complete weeks of gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, or a weight of three hundred fifty grams or more; and for each instance of spontaneous fetal death when a parent of a stillborn child requests a certificate of stillbirth.
(2) The certificate established pursuant to this Section shall be provided by the vital records registry upon the request of the parent or parents of a stillborn child.
B. The certificate of stillbirth shall be identified as a certificate of birth resulting in stillbirth and shall contain the following information:
(1) The name of the child who shall be identified as deceased, or if the child is not named, the preparer shall include the sex of the child who shall be identified as deceased.
(2) The date and location of the stillbirth.
(3) The name of the mother and the father if the father's name is available.
(4) The certificate of stillbirth shall clearly indicate that it is not proof of a live birth.
C. One copy of the certificate of birth resulting in stillbirth shall be provided by the vital records registry at no cost upon request. Additional copies shall be subject to the same fees as a certificate of live birth as provided in R.S. 40:40.
Acts 2003, No. 591, §1; Acts 2019, No. 100, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:94. Forms for collection of data

RS 40:94 - Forms for collection of data
The state registrar shall prescribe forms for the collection of information and statistics with respect to enforceable gestational carrier contracts. Such forms shall require but not be limited to the following information:
(1) The age, marital status, and state and parish of domicile of the gestational carrier.
(2) The parish in which the in utero embryo transfer took place.
(3) The full name and address of the physician or physicians performing or attending to the following phases of the gestational carrier:
(a) In utero embryo transfer.
(b) Prenatal and postnatal care.
(c) Birth.
(d) Miscarriage.
(e) Induced abortion.
(4) The age, marital status, and state and parish of domicile of the intended parents.
(5) The medical reason necessitating the gestational carrier.
(6) The medical procedures employed in the birth, miscarriage, or termination of pregnancy for medical emergency as provided by R.S. 40:1061.23.
(7) The length and weight of the child born as a result of gestational carrier.
(8) The length and weight of an unborn child miscarried after the initiation of a gestational carrier.
(9) Other significant conditions or health complications of the unborn child and gestational carrier.
(10) The results of pathological examinations of any unborn child who died as a result of pregnancy complications or termination incidental to a gestational carrier.
Acts 2016, No. 494, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:95. Completion of forms; filing with vital records registry

RS 40:95 - Completion of forms; filing with vital records registry
The physician performing the in utero embryo transfer or termination of the pregnancy by birth, miscarriage, or abortion shall provide the information required by the provisions of R.S. 40:94. Such completed forms shall be transmitted by the physician to the vital records registry within fifteen days of the performance of the medical procedures and shall be confidential.
Acts 2016, No. 494, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:96. Confidentiality

RS 40:96 - Confidentiality
The vital statistics records required by this Part and the identities of the parties to a gestational carrier contract shall be confidential and shall not be subject to disclosure, release, or inspection except upon application to a competent court and in conformity with the applicable requirements of confidentiality applicable to adoptions in the Children's Code. The reporting of the data for public health purposes shall redact any identifying information and any public report shall indicate patient numbers as assigned pursuant to rules promulgated by the Louisiana Department of Health.
Acts 2016, No. 494, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:101. Commemorative certificate of miscarried child; requirements

RS 40:101 - Commemorative certificate of miscarried child; requirements
A. The state registrar shall establish a commemorative certificate of miscarried child. For the purposes of this Part, "miscarried child" means an unintentional, spontaneous fetal demise occurring at or prior to the twentieth week of gestation during a pregnancy.
B.(1) A licensed healthcare practitioner who attends or diagnoses a miscarried child or a licensed healthcare facility where the birth of a miscarried child occurs may advise a patient who experiences a miscarried child that the patient may request a commemorative certificate as provided for in this Section.
(2) The vital records registry shall provide on its website a form that may be completed by a healthcare practitioner or his designee affirming that he attended or diagnosed a patient who experienced a miscarried child.
C. Upon request of the patient and submission of a completed form provided for in this Section, the vital records registry shall issue a commemorative certificate of miscarried child. If requested, one copy of the commemorative certificate of miscarried child shall be provided by the vital records registry at no cost. Additional copies shall be subject to the same fees as a certificate of live birth as provided in R.S. 40:40.
D.(1) The commemorative certificate shall contain the name of the fetus and the gender, if known. If the name is not furnished by the patient, the vital records registry may complete the commemorative certificate with the name "Baby Boy" or "Baby Girl" and the last name of the patient. If the gender of the fetus is unknown, the department shall fill in the commemorative certificate with the name "Baby" and the last name of the patient.
(2) The front of the commemorative certificate shall include a disclaimer stating that the commemorative certificate is not proof of a live birth.
E.(1) The vital records registry shall not register a birth associated with a commemorative certificate issued pursuant to this Section nor use it to calculate live birth statistics.
(2) A commemorative certificate is commemorative in nature and has no legal effect.
(3) A commemorative certificate issued according to this Section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death of a miscarried child.
Acts 2023, No. 353, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:385. Benefits not a right

RS 40:385 - Benefits not a right
No person shall have any claim or entitlement to enjoyment of any benefit conferred by this Chapter, including but not limited to any tenancy in any development, as a matter of right. All benefits conferred shall be pursuant to the conditions and qualifications established by this Chapter and by the rules and regulations of the local housing authority administering it. Further, the benefits of this Chapter are necessarily limited by the resources available to each local housing authority of this state. Consequently, all persons who might otherwise be eligible may not receive a benefit. Further, those receiving benefits may receive the same only on a temporary basis or for a limited period of time.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:391. Establishment of local housing authorities

RS 40:391 - Establishment of local housing authorities
A. Any local housing authority established under any prior law relating to housing authorities or local housing authorities and in existence on August 15, 1997 shall have continued existence under this Chapter, shall have all the powers conferred by this Chapter and existing under law immediately prior to August 15, 1997, and shall continue to own its property and conduct its operations consistent with this Chapter.
B. All commissioners of such authority and all officers, legal counsel, technical experts, directors, and other appointees or employees of such authority holding office or employment on August 15, 1997 by virtue of any such prior law shall be deemed to have been appointed or employed under this Chapter.
Amended by Acts 1950, No. 401, §3; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:392. Establishment of authorities

RS 40:392 - Establishment of authorities
A. In each municipality and parish of this state which has not previously established such an authority, there is hereby created a local housing authority. However, such authority shall not be deemed to be established under this Chapter, nor shall it be authorized to conduct any business or exercise any of its powers, unless and until the governing body of the municipality or parish declares by resolution that a need exists for such a local housing authority to function in such municipality or parish and finds that there exists a shortage of decent, safe, and sanitary dwelling accommodations in such municipality or parish or that such accommodations are not available and affordable to all residents regardless of income.
B. The Houma Housing Authority is hereby abolished and the Houma-Terrebonne Housing Authority is hereby created and established as the successor to the Houma Housing Authority. The Houma-Terrebonne Housing Authority shall be governed as provided by this Chapter and shall have all of the powers, functions, and duties of a housing authority as provided in this Chapter or any other provision of law. It shall exercise such powers, functions, and duties throughout Terrebonne Parish including within the corporate limits of Houma and of any municipality incorporated in the future.
Acts 1997, No. 1188, §1; Acts 2001, No. 80, §1, eff. May 24, 2001.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:393. Resolution of governing body

RS 40:393 - Resolution of governing body
In order for a municipality or parish to establish a local housing authority which may conduct business and exercise its powers, the governing body of such municipality or parish desiring to establish such authority shall adopt a resolution declaring, in substance, that there is a need for a local housing authority in said municipality or parish because there exists a shortage of decent, safe, and sanitary housing in the municipality or parish or that such housing is not affordable to all residents thereof, regardless of income. No further action or findings shall be necessary. Upon the adoption of the resolution, the local housing authority shall be established and shall have perpetual existence unless dissolved in accordance with law.
Amended by Acts 1950, No. 401, §4; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:394. Adoption of a legal name

RS 40:394 - Adoption of a legal name
Each local housing authority established pursuant to this Chapter, within or together with the resolution required under R.S. 40:393, shall adopt a name for all legal and operating purposes. The name so adopted shall include a reference to the geographic locus of the authority and such other name or identifier as the governing body establishing the authority shall determine. A local housing authority established under prior law may adopt a name consistent with the foregoing requirements by resolution adopted by at least two-thirds of such authority's entire board of commissioners and approved by the governing body of the municipality or parish which established such authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:395. Evidence of establishment of local housing authority

RS 40:395 - Evidence of establishment of local housing authority
A copy of the resolution establishing a local housing authority, duly certified, shall, in any circumstance in which such evidence may be required, serve as conclusive evidence that such authority has been properly established and is authorized to transact business and exercise its powers under this Chapter.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:396. Area of operation of local housing authority established by municipality

RS 40:396 - Area of operation of local housing authority established by municipality
A. In the case of a local housing authority established by a municipality, the authority's area of operation shall be the municipality and the area within ten miles from the territorial boundaries thereof. Depending upon the geographical location of the municipality, such area of operation may include portions of one or more parishes. It may also include areas lying within the territorial boundaries of municipalities outside the municipality establishing the local housing authority. In order to resolve territorial conflicts, the following rules shall apply:
(1) In the case of the local housing authority's home parish, it may operate outside of the area described in this Section in the unincorporated areas of the home parish only with the permission of the governing authority.
(2) In the case of incorporated areas of the home parish, the local housing authority may operate within the territorial boundaries thereof only by consent of such other municipality and its local housing authority, if any.
(3) In the case of unincorporated portions of parishes other than the local housing authority's home parish, it may operate only with the consent of the governing body of the parish, regardless of whether the other parish has established a local housing authority.
(4) In the case of incorporated areas within other parishes, it may operate only with the consent of the governing body of any municipality incorporating such areas, and, if the other municipality has also established its own local housing authority, also with the consent of the other local housing authority.
(5) Notwithstanding any other provision of this Section, a local housing authority may, subject to the limitations stated in R.S. 40:449, provide rental assistance to persons residing outside the authority's area of operation as defined in this Section.
B. For purposes of this Section, "home parish" means the parish in which the municipality establishing the local housing authority is situated.
Amended by Acts 1950, No. 401, §6; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:397. Area of operation of local housing authority established by parish

RS 40:397 - Area of operation of local housing authority established by parish
In the case of a local housing authority established by a parish, the authority's area of operation shall be all of the parish except that portion which lies within the territorial boundaries of any municipality in which a local housing authority has been established.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:398. Concurrent jurisdiction

RS 40:398 - Concurrent jurisdiction
A. Whether due to changes in the boundaries of municipalities or parishes which have established local housing authorities, or the establishment of new local housing authorities, or for any other reason, territories may exist that include the area of operation of two or more local housing authorities. Such areas shall be areas of concurrent jurisdiction.
B. No local housing authority whose area of operation shall include an area of concurrent jurisdiction shall construct, acquire, or develop any new housing development within the area of concurrent jurisdiction except upon sixty days prior written notice to all other local housing authorities existing within the area of concurrent jurisdiction. The notice shall specify the location, size, and general nature of the proposed new development. Any local housing authority receiving the notice shall have thirty days to send written objections thereto to the local housing authority sending the notice and proposing said new development.
C. If written objections are timely made, the local housing authority proposing the new development shall not proceed unless and until both authorities shall have made a good faith effort to resolve their differences and, failing such resolution, the proposing local housing authority shall submit the matter to the governing body of the municipality or parish in which said proposed new development is planned to be located. The governing body, after allowing both local housing authorities to be heard, shall decide whether said new development shall be constructed, acquired, or developed by the local housing authority proposing such action.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:399. Continuation of operations after commenced

RS 40:399 - Continuation of operations after commenced
Any housing development established by a housing authority pursuant to law shall continue to be maintained and operated by the housing authority so establishing the development or its designee unless the development is conveyed to another housing authority or to a municipality, parish, or other public agency or is otherwise disposed of in accordance with law.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:400. Cooperative jurisdiction

RS 40:400 - Cooperative jurisdiction
Notwithstanding the area of operation as defined herein, all local housing authorities may cooperate and contract with all other local housing authorities and other public agencies within this state and any public agencies of any other state, with the federal government, and with any person or entity, public or private, and wherever located, in order to carry out the purposes of this Chapter. Such cooperation may include but shall not be limited to activities and operations conducted with the agreement of any public agency. Therefore, the area of operation of a local housing authority shall be deemed to include any other area or areas within any municipality or parish, regardless of location, with respect to which the municipality or parish within whose boundaries the area or areas lie agrees to allow the local housing authority to operate.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:401. Vesting of authority's powers in commissioners, voting

RS 40:401 - Vesting of authority's powers in commissioners, voting
The powers of each local housing authority shall be vested in its commissioners. A majority of the commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its power and for all other purposes. Except for any matter with respect to which the resolution creating the authority or its bylaws requires a higher number or proportion of votes, action may be taken by the authority upon the vote of a majority of the commissioners present and voting.
Amended by Acts 1979, No. 266, §1, eff. July 10, 1979; Acts 1982, No. 846, §1; Acts 1983, No. 564, §1; Acts 1986, No. 920, §1, eff. July 10, 1986; Acts 1990, No. 426, §1; Acts 1991, No. 289, §12; Acts 1993, No. 298, §1, eff. Oct. 1, 1993; Acts 1993, No. 546, §1; Acts 1995, No. 898, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:401.1. Housing authority of the parish of St. Landry; commissioners

RS 40:401.1 - Housing authority of the parish of St. Landry; commissioners
In the parish of St. Landry, the board of commissioners shall be composed of no more than six members. A majority of the commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its power and for all other purposes.
Acts 2006, No. 547, §1, eff. June 22, 2006; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:402. Executive committees

RS 40:402 - Executive committees
Housing authorities that have nine or more commissioners may, by resolution or by law, establish an executive committee of at least five commissioners. The committee shall have such powers over the management or operation of such housing authority as the commissioners of such authority shall specify and declare in the resolution establishing the executive committee.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:403. Responsibility for debts or liabilities of local housing authorities

RS 40:403 - Responsibility for debts or liabilities of local housing authorities
Except to the extent the municipality or parish may expressly elect to undertake such liability, neither the municipality or parish with respect to which a local housing authority is established, nor any municipality or parish participating in a regional housing authority, nor the state, nor any other public agency of this state shall be responsible for the debts or liabilities of any local housing authority or regional housing authority.
Added by Acts 1972, No. 293, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:404. Repealed by Acts 2011, 1st Ex. Sess., No. 12, §2, eff. June 12, 2011.

RS 40:404 - Repealed by Acts 2011, 1st Ex. Sess., No. 12, §2, eff. June 12, 2011.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:404.1. Housing authorities of the cities of Gonzales and St. Martinville; per diem

RS 40:404.1 - Housing authorities of the cities of Gonzales and St. Martinville; per diem
Each commissioner of the housing authorities of the cities of Gonzales and St. Martinville may receive a per diem, to be paid from funds of the respective housing authority, for a maximum of twenty-four days per year for attendance at meetings of the respective housing authority in amounts not to exceed the following:
(1) Fifty dollars for the chairman of the authority.
(2) Twenty-five dollars for all other members.
Acts 1997, No. 438, §2; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:405. Exemptions from levy and execution

RS 40:405 - Exemptions from levy and execution
Except to the extent a local housing authority or its subsidiaries may otherwise expressly agree, all real and personal property of a local housing authority and its subsidiaries shall be exempt from execution, levy, and sale for the payment of debt or otherwise pursuant to any judicial or other process.
Added by Acts 1983, No. 107, §1; Amended by Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:406. Exemptions from certain laws

RS 40:406 - Exemptions from certain laws
A. All representatives of a local housing authority, acting within the scope of carrying out the business and conducting the affairs of a local housing authority, shall be exempt from all licensing requirements imposed by any law with respect to the sale, rental, or management of real property or the improvement or development thereof, including requirements imposing any fee or charge.
B. The following provisions of law, and any regulations relating thereto, shall not apply to a local housing authority unless the legislation imposing such requirements is expressly and specifically applicable to local housing authorities or the local housing authority expressly elects to be governed by such legislation or regulations:
(1) The Administrative Procedure Act.
(2) Any law, ordinance, or regulation governing or otherwise applicable to the procurement of goods and services, or to the acquisition, operation, or disposition of property by public agencies of this state.
Acts 1992, No. 1018, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:411. Creation

RS 40:411 - Creation
A. If the governing body of each of two or more parishes in the same general geographical location, regardless of their population, declares by resolution that there is a need for one regional housing authority for both or all of such parishes, a public body corporate and politic known as a regional housing authority shall thereupon exist and exercise its powers and perform its functions in such parishes.
B. If the governing body of each of two or more municipalities, whether or not in the same general geographical location, declares by resolution that there is a need for one consolidated housing authority for both or all of such municipalities, a public body corporate and politic known as a consolidated housing authority shall thereupon exist and exercise its powers and perform its functions within its area of operation.
C. Regional and consolidated housing authorities may select appropriate corporate names for themselves.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:412. Area of operation

RS 40:412 - Area of operation
A. In the case of a regional housing authority, the authority's area of operation shall be an area equivalent to the total areas of operation which the local housing authorities, if created separately by political subdivisions establishing the regional housing authority, would have, when aggregated. The area of operation of a regional housing authority shall not include any area which lies within the territorial boundaries of any municipality or parish in which a local housing authority has been established and which municipality or parish is not a participant in said regional authority. However, the local housing authority of the municipality or parish and the governing body of the municipality or parish may consent to the operation of one or more developments by said regional housing authority within the municipality's or parish's territorial boundaries.
B. In the case of a consolidated housing authority, the authority's area of operation consists of all of the territory within the boundaries of each municipality joining in its creation together with the territory within one mile of the boundaries of each municipality.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:413. Increasing area of operation

RS 40:413 - Increasing area of operation
The area of operation of a regional or consolidated housing authority shall be increased from time to time to include one or more additional parishes or municipalities not already within a regional or consolidated housing authority and, in the case of parishes, in the same general geographical location, if the governing body of each of the parishes or municipalities then included in the area of operation of the regional or consolidated housing authority, the commissioners of the authority, and the governing body of each such additional parish or municipality adopts a resolution declaring that there is a need for the inclusion of the additional parish or municipality in the area of operation of the regional or consolidated housing authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:414. Effect on local authorities of adoption of consolidated or regional authorities

RS 40:414 - Effect on local authorities of adoption of consolidated or regional authorities
In the event that a municipality or parish that has an established local housing authority elects to participate in a regional housing authority, pursuant to R.S. 40:411, or a consolidated housing authority, pursuant to R.S. 40:413, it shall obtain the consent of the local housing authority. In the event of such consent, any such existing housing authority which embraces the municipality or parish within its area of operation may elect to cease to exist therein, except for the purpose of winding up its affairs and transferring its property to the consolidated or regional housing authority, as provided in R.S. 40:419. In the event that any such housing authority elects to continue in existence, then in such event, the jurisdiction of such regional or consolidated housing authority shall be exercised concurrently with that of the local housing authority within its area of operation.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:415. Prerequisites to adoption of resolution creating or expanding regional or consolidated authority

RS 40:415 - Prerequisites to adoption of resolution creating or expanding regional or consolidated authority
A. The governing body of its respective parish or municipality shall adopt a resolution pursuant to R.S. 40:411 only if it finds that:
(1) In the area of its respective parish or municipality, there are insanitary or unsafe inhabited dwelling accommodations or there is a shortage of safe or sanitary dwelling accommodations available to families of low income at rentals they can afford or that slum or blighted areas exist.
(2) The regional or consolidated housing authority would be the most efficient and economical administrative unit to carry out the purposes of this Part in its parish or municipality.
B. In the case of the expansion of the area of operation of a regional or consolidated authority, the governing body of any parish or municipality and the commissioners of the regional or consolidated housing authority shall adopt a resolution pursuant to R.S. 40:413 if both:
(1) The governing body of each parish or municipality to be included finds that insanitary or unsafe inhabited dwelling accommodations exist therein or that there is a shortage of safe or sanitary dwelling accommodations therein available to families of low income at rentals they can afford or that slum or blighted areas exist therein.
(2) The governing body of the parishes or municipalities already included in the area of operation of the regional or consolidated housing authority, the commissioners of the regional or consolidated housing authority and the governing body of each additional parish or municipality finds that the regional or consolidated housing authority would be a more efficient or economical administrative unit to carry out the purposes of this Part if the area of operation of the regional or consolidated housing authority is increased to include the additional parish or municipality.
Amended by Acts 1950, No. 401, §7; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:416. Public hearings to create regional or consolidated authority or increase its area of operation

RS 40:416 - Public hearings to create regional or consolidated authority or increase its area of operation
A. The governing body of a parish or municipality shall not adopt any resolution authorized by R.S. 40:411 or 413 unless a public hearing has first been held. The governing body shall give notice of the time, place, and purpose of the public hearing at least ten days prior to the day on which it is to be held, in a newspaper published in the parish or municipality, as the case may be, or, if there is no newspaper published therein, in a newspaper published in the state and having a general circulation in the parish or municipality. On the date fixed for the hearing, an opportunity to be heard shall be granted to all residents of the parish or municipality and to all other interested persons.
B. In determining whether dwelling accommodations are unsafe or insanitary the governing body of a parish shall take into consideration the safety and sanitation of dwellings; the light and air space available to the inhabitants of such dwellings; the degree of overcrowding; the size and arrangement of the rooms; and the extent to which conditions exist in such dwellings which endanger life or property by fire or other causes.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:417. Consent of obligees and commissioners of local authority to substitution of regional or consolidated authority, transfer of rights, duties and property

RS 40:417 - Consent of obligees and commissioners of local authority to substitution of regional or consolidated authority, transfer of rights, duties and property
A. The governing body of a parish or municipality shall not adopt a resolution pursuant to the provisions of R.S. 40:411 or 413 if there is an existing housing authority therefor which has any obligations outstanding unless:
(1) All obligees of the existing housing authority and the parties to its obligations consent in writing to the substitution of the regional or consolidated housing authority therefor on all such obligations.
(2) The commissioners of the existing housing authority adopt a resolution consenting to the transfer of all the rights, obligations and property thereof to the regional or consolidated housing authority.
B. When the two conditions in Subsection A are complied with and the regional or consolidated housing authority is created and authorized to exercise its powers and perform its functions, all rights, obligations and property of the former housing authority shall vest in the regional or consolidated housing authority and be in its name. All rights and obligations of the former housing authority shall be the rights and obligations of the regional or consolidated housing authority and may be asserted and enforced by or against the regional or consolidated housing authority as they might have been asserted and enforced by or against the former housing authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:418. Notification of mayor of adoption of consolidated authority

RS 40:418 - Notification of mayor of adoption of consolidated authority
When the governing body of a municipality adopts a resolution declaring that there is a need within it for a consolidated housing authority, it shall promptly notify the mayor of the municipality of that adoption.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:419. Transfer of property to regional or consolidated authority; registration

RS 40:419 - Transfer of property to regional or consolidated authority; registration
When any immovable property of a housing authority vests in a regional or consolidated housing authority under the provisions of R.S. 40:417, it shall execute an act transferring the property to the regional or consolidated authority. The regional or consolidated authority shall thereupon register the act as provided by law in the case of sales. However, nothing contained in this Section affects the vesting of property in the regional or consolidated housing authority as provided in R.S. 40:417.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:420. Time of official creation; contents of resolution; resolution as evidence

RS 40:420 - Time of official creation; contents of resolution; resolution as evidence
In any proceeding relating in any way to any contract of a regional or consolidated housing authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution declaring the need of such authority by the governing body of each of the parishes or municipalities originally within the authority. This resolution is sufficient if it declares that there is a need for the authority and finds in substantially the terms used in R.S. 40:415(A) that the conditions enumerated as Paragraphs (1) and (2) therein exist. Copies of these resolutions duly certified by the presiding officers or secretaries or the clerks of the respective governing bodies are admissible in evidence in any proceeding.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:421. Decreasing area of operation; conversion to parish or municipal authority

RS 40:421 - Decreasing area of operation; conversion to parish or municipal authority
A. The area of operation of a regional or consolidated housing authority shall be decreased from time to time to exclude one or more parishes or municipalities if the governing body of each of the parishes or municipalities in the area and the commissioners of the regional or consolidated housing authority each adopt a resolution declaring that there is a need for excluding the parish or municipality from the area.
B. If this action decreases the area of operation of the regional or consolidated housing authority to only one parish or municipality, regardless of its population, the authority shall thereupon become a housing authority for that parish or municipality. Such an authority has the same powers, duties and functions of a regular parish or municipal authority and is subject to all the provisions of this Part applicable thereto.
Acts 1997, No. 1188, §1.