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Rs 13:992.1 Judicial Building Fund

§992.1. Judicial building fund

A. The Nineteenth Judicial District Court and the clerk of court of the Nineteenth

Judicial District are hereby authorized to impose the following additional costs of court and

service charges provided for in Subsection B of this Section in all cases over which the court

has jurisdiction, until the bonded indebtedness provided for in Subsection C of this Section

is paid. The costs and charges provided in Subsection B of this Section shall not apply to

cases involving family matters or any child welfare proceeding instituted by the Department

of Children and Family Services or any district attorney's office. The costs and charges may

be up to and include the maximum amount set forth and shall be imposed on order of the

judges en banc. Such costs and charges shall be paid to the clerk of court when the filing is

made.

B.(1) Until such time that public bids are let for the construction project the amounts

of the costs and charges which may be imposed shall be as provided in this Paragraph.

Service Provided Amount of Cost Authorized

(a) Recordings Up to thirty dollars per recordation

(b) Civil Filings Up to twenty-five dollars per civil filing

(c) Jury Trials Up to one hundred dollars per jury requested

(d) Class Actions Up to one thousand twenty-five dollars per class

certified

(2) After public bids are let for the construction project the amounts of costs and

charges which may be imposed shall be as provided in this Paragraph.

Service Provided Amount of Cost Authorized

(a) Recordings Up to thirty dollars per recordation

(b) Civil Filings Up to two hundred dollars per civil filing

(c) Jury Trials Up to two hundred dollars per jury requested

(d) Class Actions Up to two thousand fifty dollars per class certified

(e) All matters filed

into civil suit record Up to ten dollars per item filed

(3) The matters filed into a civil record upon which the costs provided for in

Subparagraph (2)(e) shall be imposed shall include but not be limited to petitions, motions,

orders, judgments, citations, rules, evidence, correspondence, affidavits, dismissals,

depositions, writs, appeals, answers, subpoenas, and jury matters.

C.(1) Solely for the purposes of this Section, there is hereby created the Nineteenth

Judicial District Court Building Commission for purposes of the construction and funding

of the courthouse, which shall be deemed to be a public commission. The judges, en banc,

of the Nineteenth Judicial District Court shall serve as the board of commissioners thereof.

The commission shall be a public corporation with power to contract, administer the

proceeds of the costs and charges authorized in this Section, lease, sublease, and otherwise

provide for the construction, equipping, maintenance, and operation of a new courthouse for

the Nineteenth Judicial District Court and to pledge and dedicate the receipts of the

courthouse construction fund created hereby for the payment of any lease or sublease

obligation, loan agreement, or other financing agreement relative thereto.

(2) The commission shall elect a chairman and vice chairman. The judicial

administrator for the Nineteenth Judicial District Court shall serve as secretary-treasurer for

the commission.

(3) Notwithstanding any other law to the contrary, issues regarding ownership and

liability for maintenance and operation expenses of the new courthouse shall be provided for

between the commission and East Baton Rouge Parish in a lease or sublease of the

courthouse to the commission or by a cooperative endeavor agreement prior to the awarding

of the contract for construction of the new courthouse.

(4) The monies generated pursuant to this Section shall be forwarded by the clerk of

court and sheriff to the fiscal agent bank chosen by the commission to be held in the

courthouse construction fund. Any funds currently on deposit to the separate account of the

judicial expense fund from the costs and charges authorized by this Section shall be

transferred at the discretion of the commission to the courthouse construction fund held by

the commission's fiscal agent. These monies deposited to the courthouse construction fund

shall be dedicated to the design, planning, feasibility, acquisition, construction, equipping,

operating, and maintaining a new facility to house the Nineteenth Judicial District Court, the

Family Court of East Baton Rouge Parish, the Juvenile Court, the offices of the clerk of court

for the Nineteenth Judicial District, and such other ancillary agencies as may be necessary.

No monies generated pursuant to this Section shall be used for payment of any bonded

indebtedness involving site acquisition or construction of a new facility unless approved by

the Joint Legislative Committee on the Budget and the State Bond Commission.

(5) For the purposes of this Section, "equipping" shall include but not be limited to

expenditures for the purchase and maintenance of computer software and hardware for the

agencies housed in the judicial facility.

(6) Notwithstanding any other provision of law to the contrary, the commission may

pledge and dedicate the receipts of the courthouse construction fund for the payment of any

obligation, loan agreement, or other financing agreement in connection with the issuance of

bonds or other evidence of indebtedness for the commission by the Louisiana Public

Facilities Authority or the Louisiana Local Government Environmental Facilities and

Community Development Authority.

D. If public bids are not let for the construction of a new facility as provided in this

Section within four years of August 15, 2003, then the authority provided in this Section to

levy the additional costs and charges shall terminate and be null and void. Thereafter, no

costs or charges authorized in this Section shall be imposed or collected. Should the

authority to levy such costs and charges terminate as set forth herein, all funds collected and

deposited in the separate account as provided in this Section shall be used solely for capital

improvements to the facility then housing the Nineteenth Judicial District Court.

Acts 2003, No. 1141, §1; Acts 2004, No. 611, §1; Acts 2005, No. 73, §1, eff. June

16, 2005; Acts 2006, 1st Ex. Sess., No. 9, §1, eff. Feb. 23, 2006; Acts 2006, No. 328, §1, eff.

June 13, 2006; Acts 2016, No. 644, §1, eff. July 1, 2016.

NOTE: See Acts 2006, No. 328, §2, relative to effectiveness.

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Local Government
Louisiana
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
construction
judicial
costs
charges
impose
courthouse
fund
nineteenth
cost
deposit