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ACT No. 8452026 Regular Session
HOUSE BILL NO. 816
BY REPRESENTATIVES GALLE, AMEDEE, BAYHAM, CARRIER, CREWS,
DICKERSON, ECHOLS, EGAN, FIRMENT, HORTON, KNOX, LAFLEUR,
MELERINE, OWEN, SAWYER, SCHAMERHORN, STAGNI, WILDER, AND
WYBLE AND SENATORS ALLAIN, BASS, BOUDREAUX, CATHEY,
CONNICK, FESI, FOIL, HENRY, HENSGENS, HODGES, MIGUEZ, MIZELL,
PRESSLY, AND TALBOT
1 AN ACT
2 To amend and reenact R.S. 9:2717.1(F)(introductory paragraph) and (G) and to enact Part
3 I of Chapter 1-B of Title 9 of Code Title II of the Louisiana Revised Statutes of
4 1950, to be comprised of R.S. 9:2717.1.2 through 2717.1.8, relative to immovable
5 property; to provide relative to foreign adversaries or persons connected with foreign
6 adversaries; to prohibit the acquisition of certain immovable property; to provide for
7 definitions; to provide with respect to agents of foreign adversaries or mandataries
8 of foreign adversaries; to provide for exceptions; to provide for civil actions; to
9 provide for civil penalties; to provide relative to the protection of ownership
10 interests; to provide for the duties of the attorney general; to provide for a limitation
11 of liability; to provide for applicability; and to provide for related matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 9:2717.1(F)(introductory paragraph) and (G) are hereby amended
14 and reenacted and Part I of Chapter 1-B of Title 9 of Code Title II of the Louisiana Revised
15 Statutes of 1950, comprised of R.S. 9:2717.1.2 through 2717.1.8, is hereby enacted to read
16 as follows:
17 §2717.1. Prohibition of acquisition of immovable property by a foreign adversary or
18 a person connected with a foreign adversary
19 * * *
20 F. The Unless the person is an agent of a foreign adversary or a mandatary
21 of a foreign adversary, the provisions of this Section shall not apply to any of the
22 following:
23 * * *
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1 G. For the purposes of this Section:
2 (1) "Agent of a foreign adversary" or "mandatary of a foreign adversary"
3 means a juridical person or a natural person that serves as a mandatary, as provided
4 in Louisiana Civil Code Article 2989, for a principal that is a foreign adversary and
5 meets one or more of the following criteria:
6 (a) Is under direction of a foreign adversary that has the power to direct or
7 cause the direction of the management or policies of the juridical person whether
8 through ownership of securities, by contract, or otherwise.
9 (b) Directly or indirectly has the right to vote fifty percent or more of the
10 voting interests of an entity that is owned or controlled by a foreign adversary or is
11 entitled to fifty percent or more of its profits and is, therefore, presumed to have the
12 power to direct or cause the direction of the management or policies of the juridical
13 person.
14 (c) Is a juridical person that meets any of the following:
15 (i) Is headquartered in a country identified as a foreign adversary.
16 (ii) Is held or controlled, either directly or indirectly, by a government of a
17 foreign adversary.
18 (iii) Is owned by, or the majority of stock or other ownership interest is held
19 or controlled by, any person who is a citizen of a foreign adversary, unless that
20 person is a legal permanent resident of the United States.
21 (d) Is a juridical person or a subsidiary that is owned by, or the majority of
22 stock or other ownership interest of which is held or controlled by, a corporation or
23 entity described in Subparagraph (c) of this Paragraph.
24 (e) Any individual person who is a citizen of a foreign adversary, unless that
25 person is a legal permanent resident of the United States and does not otherwise meet
26 any of the criteria provided in Subparagraphs (a) through (d) of this Paragraph.
27 (1)(2) "Foreign adversary" means an individual or a government identified
28 as a foreign adversary in 15 CFR 7.4(a) and identified in the database maintained by
29 the United States Department of the Treasury, Office of Foreign Assets Control.
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1 (2)(3) "Person connected with a foreign adversary" means either of the
2 following:
3 (a) An agent of a foreign adversary or mandatary of a foreign adversary.
4 (b) the A juridical person, as defined in Civil Code Article 24, in which the
5 foreign adversary has the power to direct or cause the direction of the management
6 or policies of the juridical person whether through ownership of securities, by
7 contract, or otherwise. A person or entity that directly or indirectly has the right to
8 vote fifty percent or more of the voting interests of an entity or is entitled to fifty
9 percent or more of its profits is presumed to have the power to direct or cause the
10 direction of the management or policies of the juridical person.
11 * * *
12 PART I. PROHIBITED OWNERSHIP BY FOREIGN ADVERSARIES
13 § 2717.1.2. Ownership of military-installation-adjacent lands by foreign adversaries
14 restricted
15 A. No foreign adversary or prohibited foreign actor shall directly or
16 indirectly own, acquire, lease, or otherwise obtain any interest in
17 military-installation-adjacent land.
18 B. A prohibited foreign actor may sell or convey an ownership interest in
19 military-installation-adjacent land in this state.
20 C. A person may conclusively rely upon an affidavit made by a person
21 intending to acquire or holding an interest in immovable property to the effect that
22 the person is not a foreign adversary or a prohibited foreign actor, and the
23 correctness of those facts may not be controverted against any person relying on the
24 affidavit, unless actual fraud by such person is proven. A person who gives a false
25 affidavit shall be responsible for any loss or damage suffered by any person whose
26 rights are adversely affected.
27 § 2717.1.3. Definitions
28 For purposes of this Part, the following terms have the following meanings:
29 (1) "Controlling interest" means possession of the power to direct or cause
30 the direction of the management or policies of a company, whether through
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1 ownership of securities, by contract or otherwise. A person or entity that directly or
2 indirectly has the right to vote fifty percent or more of the voting interests of an
3 entity or is entitled to fifty percent or more of its profits is presumed to possess a
4 controlling interest.
5 (2) "Foreign adversary" means a foreign nongovernmental person or foreign
6 government identified as a foreign adversary pursuant to 15 CFR 791.4 and
7 identified in the database maintained by the United States Department of the
8 Treasury, Office of Foreign Assets Control. This term does not include a person who
9 is a legal permanent resident with lawful presence in the United States.
10 (3) "Military installation" means any site that meets any of the following
11 descriptions:
12 (a) Active Air Force ballistic missile fields.
13 (b) Air Force bases administering active Air Force ballistic missile fields.
14 (c) Air Force bases and major annexes of those bases containing a unit from
15 the Air Force Air Combat Command.
16 (d) Air Force bases and major annexes of those bases containing an Air
17 Force research laboratory or test unit and associated sites.
18 (e) Air Force bases and major annexes of those bases, and Space Force bases
19 and major annexes of those bases containing a unit of the North American Aerospace
20 Defense Command and its regions.
21 (f) Air Force bases, Air Force stations, Space Force bases, Space Force
22 stations, and major annexes of those stations and bases that contain satellite,
23 telemetry, tracking, or commanding systems.
24 (g) Army bases, ammunition plants, centers of excellence, major depots and
25 arsenals, military terminals, research laboratories, and any related major annexes.
26 (h) Army combat training centers located in the continental United States.
27 (i) Headquarters of the Office of the Secretary of Defense, the Defense
28 Advanced Research Projects Agency, and major offices and any related annexes.
29 (j) Long range radar sites and major annexes of sites described in this
30 Paragraph.
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1 (k) Major range and test facility base activities as defined in 10 U.S.C. 196.
2 (l) Marine Corps bases, air stations, and major annexes of these bases and
3 stations, excluding detachments and recruit depots.
4 (m) Military ranges as defined in 10 U.S.C. 101(f)(1) or joint forces training
5 centers.
6 (n) Naval bases and air stations including major support activities and
7 annexes.
8 (o) Naval surface, air, and undersea warfare centers and research laboratories
9 and major annexes of these centers and laboratories.
10 (p) Navy off-shore range complexes and off-shore operating areas.
11 (q) Any structure or enclosure that the presentation of a military
12 identification issued by the Department of Defense to active duty service members
13 is required to enter or access.
14 (4) "Military-installation-adjacent land" means immovable property within
15 twenty-five miles of a military installation.
16 (5) "Prohibited foreign actor" means any of following:
17 (a) An agent of a foreign adversary or mandatary of a foreign adversary.
18 (b) A corporation, limited liability company, pension or investment fund,
19 trust, or limited partnership where a foreign adversary or an agent or mandatary of
20 a foreign adversary has a controlling interest.
21 (6) "Agent of a foreign adversary" or "mandatary of a foreign adversary"
22 means a juridical person or a natural person that serves as a mandatary, as provided
23 in Louisiana Civil Code Article 2989, for a principal that is a foreign adversary and
24 meets one or more of the following criteria:
25 (a) Is under direction of a foreign adversary that has the power to direct or
26 cause the direction of the management or policies of the juridical person whether
27 through ownership of securities, by contract, or otherwise.
28 (b) Directly or indirectly has the right to vote fifty percent or more of the
29 voting interests of an entity that is owned or controlled by a foreign adversary or is
30 entitled to fifty percent or more of its profits and is, therefore, presumed to have the
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1 power to direct or cause the direction of the management or policies of the juridical
2 person.
3 (c) Is a juridical person that meets any of the following:
4 (i) Is headquartered in a country identified as a foreign adversary.
5 (ii) Is held or controlled, either directly or indirectly, by a government of a
6 foreign adversary.
7 (iii) Is owned by, or the majority of stock or other ownership interest is held
8 or controlled by, any person who is a citizen of a foreign adversary, unless that
9 person is a legal permanent resident of the United States.
10 (d) Is a juridical person or a subsidiary that is owned by, or the majority of
11 stock or other ownership interest of which is held or controlled by, a corporation or
12 entity described in Subparagraph (c) of this Paragraph.
13 (e) Any individual person who is a citizen of a foreign adversary, unless that
14 person is a legal permanent resident of the United States and does not otherwise meet
15 any of the criteria provided in Subparagraphs (a) through (d) of this Paragraph.
16 §2717.1.4. Exceptions
17 The provisions of this Part do not apply to a person who might otherwise
18 qualify as a prohibited foreign actor owning military-installation-adjacent lands
19 under any of the following circumstances:
20 (1) The person is a natural person who is a United States citizen, regardless
21 of whether the United States citizenship was acquired by birth or the United States
22 citizenship was granted to a person after meeting the requirements established by the
23 United States Congress in the Immigration and Nationality Act, 8 U.S.C. 1101 et seq.
24 (2) The person is a natural person who is not a United States citizen but is
25 a permanent legal resident or is lawfully present in the United States by virtue of
26 authorization by the United States Department of Homeland Security.
27 (3) The person is a juridical person, as defined in Civil Code Article 24, that
28 is wholly owned by persons who qualify under Paragraphs (1) or (2) of this
29 Subsection.
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1 (4) The military-installation-adjacent land is immovable property purchased,
2 leased, or otherwise acquired by a natural person that is used as a one-to-four family
3 residential property.
4 §2717.1.5. Civil penalties; actions
5 A.(1) A prohibited foreign actor that violates the provisions of this Part is
6 subject to a civil penalty of fifty thousand dollars and forfeiture if such entity does
7 not divest itself of military-installation-adjacent land that is acquired in violation of
8 this Part within one year after a judgment is entered in a civil action.
9 (2) Any civil penalty collected pursuant to this Section shall be paid to the
10 attorney general to offset costs associated with enforcement of provisions contained
11 in this Section.
12 B. A party to the contract to purchase, lease, or otherwise acquire immovable
13 property may rescind the contract prior to the transfer of the immovable property if
14 the party determines that a foreign adversary has an ownership interest that violates
15 the provisions of this Part.
16 C. The attorney general may bring an action for injunctive relief in the name
17 of the state against the foreign adversary or prohibited foreign actor to restrain and
18 enjoin the sale or lease prior to the transfer of the immovable property or to restrain
19 or enjoin the lease. The attorney general shall serve the petition for injunctive relief
20 upon the parties to the transaction. Upon receipt of the petition, a party may rescind
21 the contract to purchase, lease, or otherwise acquire immovable property pursuant
22 to Subsection B of this Section. The attorney general shall file a notice of lis
23 pendens in the mortgage records of the parish where the property is located no later
24 than three business days after instituting the proceeding. The institution of the action
25 and the filing of the notice of lis pendens shall have no effect on persons obtaining
26 rights in the immovable property prior to the filing of the notice of the pending
27 action.
28 D.(1) The attorney general may serve an investigative demand or subpoena
29 for deposition testimony to any person who is believed to have information,
30 documentary material, or physical evidence relevant to the alleged or suspected
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1 attempt to enter into, conspiracy to enter into, or entering into a contract to purchase,
2 lease, or otherwise acquire immovable property in this state if all of the following
3 circumstances exist:
4 (a) The attorney general has evidence that a foreign adversary or a prohibited
5 foreign actor is attempting to enter into, conspiring to enter into, or has entered into
6 a contract to purchase, lease, or otherwise acquire immovable property in this state.
7 (b) The attorney general believes it to be in the public interest that an
8 investigation should be made to ascertain whether a foreign adversary or a prohibited
9 foreign actor in fact is attempting to enter into, conspiring to enter into, or has
10 entered into a contract to purchase, lease, or otherwise acquire immovable property
11 in this state.
12 (2)(a) Such investigative demand or subpoena for deposition testimony shall
13 contain a description of the attempt to enter into, conspiracy to enter into, or entering
14 into a contract to purchase, lease, or otherwise acquire immovable property in this
15 state under investigation and shall require such person to furnish, under oath or
16 otherwise, a report in writing setting forth the relevant facts and circumstances of
17 which the person has knowledge, or to produce relevant documentary material or
18 physical evidence for examination, at such reasonable time and place as may be
19 stated in the investigative demand that is the subject matter of the investigation.
20 Nonpublic personal information may be excluded from the report, deposition, or
21 other testimony.
22 (b) Any subpoena for deposition testimony issued pursuant to this Section
23 shall include a notice informing the prospective deponent of the deponent's right to
24 counsel at the deposition with an opportunity for cross examination, and the
25 deposition shall be conducted at the principal place of business, place of residence,
26 domicile, or, if agreeable to the deponent, at some other place convenient to the
27 attorney general and the deponent's attorney.
28 (c) Any deposition conducted pursuant to this Section shall be held at a
29 reasonable time as may be stated in the investigative subpoena. At any time before
30 the return date specified in the investigative demand or before the noticed deposition,
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1 or within twenty days after the demand or deposition notice has been served,
2 whichever is shorter, a petition stating good cause for a protective order to extend the
3 return date or to modify or set aside the demand or deposition notice may be filed in
4 the district court that has civil jurisdiction in the parish where the person served with
5 the demand resides, is domiciled, or where his principal place of business is located.
6 (d) If no protective order from the court is secured and the written request
7 by the attorney general is not complied with by the return date of the written request,
8 the attorney general may apply to the court for an order compelling compliance with
9 the investigative demand or deposition notice.
10 (e) If any person fails or refuses to file any statement, report, documentary
11 material, or physical evidence or obey any investigative subpoena or demand issued
12 by the attorney general, except as permitted by a protective order issued by an
13 appropriate court, the attorney general may apply to the district court with civil
14 jurisdiction in the parish where the person served with the demand or subpoena
15 resides, is domiciled, or where his principal place of business is located for a rule to
16 show cause regarding why an order compelling compliance should not be issued.
17 (f) Any disobedience of an order compelling compliance pursuant to this
18 Section by a court shall be punished as a contempt of court.
19 E. Service of any demand, subpoena, or petition shall be made in the manner
20 provided by law.
21 F. Any immovable property acquired by a foreign adversary or a prohibited
22 foreign actor is subject to divestiture or civil forfeiture to the state.
23 G. The attorney general may use all other procedures and authority for
24 investigation, supervision, and conduct of actions on behalf of the state as provided
25 by law to enforce the provisions of this Part.
26 H. A court that the attorney general has petitioned may issue any additional
27 orders or render judgments against the foreign adversary or the prohibited foreign
28 actor as may be necessary to protect the public. Such orders shall include but not be
29 limited to any of the following:
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1 (1) Revocation, forfeiture, or suspension of any license, charter, franchise,
2 certificate, or other evidence of authority of any person to do business in the state.
3 (2) Appointment of a receiver.
4 (3) Dissolution of domestic corporations or associations.
5 (4) Suspension or termination of the right of foreign corporations or
6 associations to do business in this state.
7 (5) Restitution to compensate any person who did not knowingly enter into
8 a transaction with the foreign adversary or a prohibited foreign actor for any loss,
9 expenses, court costs, or attorney fees which may have been incurred because of the
10 sale being void or enjoined.
11 (6) Civil forfeiture of any immovable property acquired by the foreign
12 adversary or the prohibited foreign actor in accordance with this Section.
13 I.(1) If, after examining the evidence, the attorney general concludes that a
14 violation of this Part has occurred, the attorney general may order the foreign
15 adversary or prohibited foreign actor to divest himself of all interests in the land
16 within ninety days after service of the order upon the foreign adversary or prohibited
17 foreign actor.
18 (2) The order of divestiture described in Paragraph (1) of this Subsection
19 shall be served personally or by certified mail.
20 J.(1) If the holder of the interest that is ordered to be divested disputes the
21 determination of the attorney general that a violation of this Part occurred, the holder
22 may submit a written request to the attorney general for a judicial determination.
23 (2) The written request described in Paragraph (1) of this Subsection shall
24 be delivered to the attorney general within sixty days after service of the order of
25 divestiture. If no written request is received within this time, the determination of
26 the attorney general shall become final.
27 (3) A foreign adversary, prohibited foreign actor, or any holder of interest
28 may seek judicial review after the final determination of the attorney general.
29 (4) Any appeal from the final determination of the attorney general shall be
30 in accordance with the Administrative Procedure Act.
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1 K.(1) If the foreign adversary or prohibited foreign actor fails to divest
2 himself of all interests pursuant to Paragraph (I)(1) of this Section or if a holder of
3 the interest submits a written request pursuant to Subsection J of this Section, the
4 attorney general may bring an action to divest the interest.
5 (2) The attorney general may initiate a civil action pursuant to this Section
6 in either the parish of East Baton Rouge or a parish where a portion of the
7 immovable property is located.
8 (3) The attorney general shall record in the public mortgage records of the
9 parish clerk of court of each parish where any portion of the immovable property is
10 located a notice of pendency of the action pursuant to Chapter 4 of Code Title II of
11 Book VII of the Code of Civil Procedure.
12 L. If the holder of the interest in immovable property has submitted a written
13 request pursuant to Subsection J of this Section, the court shall conduct an
14 evidentiary hearing to determine, by a preponderance of the evidence, if a violation
15 of this Part occurred prior to taking any other action. If the court determines that
16 there has been no violation, the court shall dismiss the action and expunge the notice
17 of pending action.
18 M.(1) If a court of competent jurisdiction determines that a violation of this
19 Part has occurred, the court shall order the sheriff in the parish where the immovable
20 property is located to sell the immovable property in the same manner as a judicial
21 sale in accordance with the requirements of Chapter 3 of Code Title VII of Book III
22 of the Code of Civil Procedure.
23 (2) The court shall order that the price of the sale is no less than the sum of
24 all of the following:
25 (a) Ad valorem taxes and other liens payable to a political subdivision of the
26 state that are due or past due and attributable to the property.
27 (b) Indebtedness, including interests, penalties, attorney fees, court costs, and
28 other expenses, secured by a conventional mortgage on the property or any portion
29 of the property.
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1 (c) Indebtedness, including interest, penalties, attorney fees, and court costs,
2 secured by a judicial or legal mortgage on the property.
3 (d) Indebtedness, including interest, penalties, attorney fees, and court costs,
4 secured by a lien or privilege on the property.
5 (e) Commissions due to a real estate broker or real estate agent.
6 (f) Costs related to the perfection of the sale.
7 (2) After satisfaction of all mortgages, liens, privileges, and other
8 encumbrances of the property and payment of all persons providing services in
9 connection with the transfer of the property, sheriff's fees, and credits to the
10 purchaser relating to tax and other customary prorations, the remaining proceeds of
11 the sale shall be considered a civil asset forfeiture and the money shall be paid to the
12 Department of Justice.
13 §2717.1.6. Protection of ownership interests
14 A. All forfeitures or dispositions under this Part shall be made with due
15 provisions for the rights of any person who did not knowingly enter into a transaction
16 with the foreign adversary or the prohibited foreign actor.
17 B. No mortgage, lien, privilege, or other security interest recognized under
18 the laws of this state and no ownership interest in indivision, lease, servitude,
19 usufruct, right of use, bond for deed, or other real right shall be affected by the
20 forfeiture, seizure, or divestiture provisions of this Part.
21 C. No forfeiture or disposition pursuant to this Part shall affect the rights of
22 any person who did not knowingly enter into a transaction with the foreign adversary
23 or a prohibited foreign actor.
24 D. The attorney general shall, within three business days of instituting any
25 action pursuant to this Part, file a copy of the petition or other pleading instituting
26 the action in the mortgage records of the parish where any related immovable
27 property is situated.
28 E. The attorney general shall provide notice of pending forfeiture, seizure,
29 or divestiture to the holder of each mortgage, lien, or security interest in the same
30 manner as provided in R.S. 14:90.1 or R.S. 40:2608.
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1 F. The attorney general shall provide notice of pending forfeiture, seizure,
2 or divestiture to the holder of any interest in the immovable property being seized.
3 G. The attorney general may cause the cancellation of the petition or other
4 pleading from the mortgage records no later than three business days after judgment
5 is rendered or after a request for cancellation is made by any interested party seeking
6 to transfer the property to a person other than a foreign adversary or a prohibited
7 foreign actor. If the petition or other pleading relates to a property interest vested in
8 a foreign adversary or a prohibited foreign actor, the attorney general may petition
9 the court for an order requiring that the proceeds of the sale attributable to the
10 property interest of the foreign adversary or a prohibited foreign actor be deposited
11 in the registry of the court where the proceeding is pending after the deduction of
12 payments to mortgagees, lienholders, person providing services in connection with
13 the transfer of the property, and credits to the purchaser relating to tax and other
14 customary prorations.
15 §2717.1.7. Limitation of liability for failure to identify a foreign adversary or
16 prohibited foreign actor
17 No attorney, title insurer, title insurance producer, title insurance agency
18 producer, lender, mortgage servicer, notary public, real estate agent, real estate
19 broker, seller, or lessor, or any of their directors, officers, or employees, are required
20 to make any investigation as to whether a party to a transaction involving immovable
21 property is a foreign adversary or prohibited foreign actor, nor is any such person
22 liable for failing to identify that a party to a transaction involving immovable
23 property is a foreign adversary or prohibited foreign actor.
24 §2717.1.8. Applicability
25 Except as otherwise provided in this Part, the provisions contained in this
26 Part apply only to immovable property acquired by a foreign adversary or prohibited
27 foreign actor on or after August 1, 2026. If a foreign adversary or prohibited foreign
28 actor acquires immovable property despite the prohibitions contained in this Part, the
29 property shall be subject to forfeiture only during the period in which the foreign
30 adversary or prohibited foreign actor owns the property. Rights in immovable
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1 property shall not be void or voidable because the property or right in that property
2 was previously held by a foreign adversary or prohibited foreign actor.
3 Section 2. The Louisiana State Law Institute is hereby directed, pursuant to its
4 statutory authority, to make the following technical changes:
5 (1) Renumber the definitions in R.S. 9:2717.1.2 in order to place the definitions in
6 alphabetical order.
7 (2) Change the Section numbers in Part I of Chapter 1-B of Title 9 of Code Title II
8 of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:2717.1.1 through 2717.1.7,
9 and renumber the Section numbers in Chapter 1-B of Title 9 of Code Title II of the
10 Louisiana Revised Statutes of 1950 to be comprised of R.S. 9:2717.1.2 through 2717.1.8.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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