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SB 256

Louisiana SenatePassed

Summary

SB 256, which provides for a clerk of court in Orleans Parish. (gov sig) (EN SEE FISC NOTE LF EX), was introduced in the Senate on Feb 26, 2026 by Sen. John Morris (R). It last saw action on Apr 30, 2026: Effective date 4/30/2026.


Record

Text

SB 256 has 6 roll calls.

sb256/chaptered.txt
2026 Regular Session ENROLLED
ACT No. 15
SENATE BILL NO. 256
BY SENATOR MORRIS
AN ACT
To amend and reenact R.S. 13:761(C), 1211, 1211.1, 1212(A), (B)(1) through (5), 1212.1,
1213.1, 1213.2, 1216, 1222, 1338, 1371.2, 1373(A)(1), 1373.1, the introductory
paragraph of 1381, 1381(21), 1381.3, 1381.5(A) and (B)(2)(e), 1381.7(A), 2515, and
5971, R.S. 15:85.1(A)(2)(d) and R.S. 18:2(3), 444(E), 602(C)(1) and (E)(2)(c),
1300.7(B), 1354(A)(1), 1511.2(E), and 1511.3(A)(1) and to repeal R.S. 13:1031,
1033, 1371, 1371.1, and 1378, relative to the clerk of court in Orleans Parish; to
provide for one clerk of the civil district court and the criminal district court; to
provide for payments from the Clerk of Court Expense Fund; to provide for the
administration of the court by the clerk of court in Orleans Parish; to provide for an
effective date; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 13:761(C), 1211, 1211.1, 1212(A), (B)(1) through (5), 1212.1,
1213.1, 1213.2, 1216, 1222, 1338, 1371.2, 1373(A)(1), 1373.1, the introductory paragraph
of 1381, 1381(21), 1381.3, 1381.5(A) and (B)(2)(e), 1381.7(A), 2515, and 5971 are hereby
amended and reenacted to read as follows:
§761. Clerks' Supplemental Compensation Fund; creation; sources of funds
* * *
C. The clerks of all of the district courts and criminal district courts of this
state shall remit to the Clerks' Supplemental Compensation Fund from the funds
transferred from the advance deposit account to the salary fund account an amount
calculated at the rate of four dollars for every original civil suit filed in their offices.
The clerk of the Civil District Court court for the parish of Orleans shall remit the
fees required in this Subsection from the judicial expense fund of the Civil District
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Court for the parish of Orleans. The clerk of the Criminal District Court for the
parish of Orleans shall remit the fees required in this Subsection from the clerk of the
Criminal District Court Expense Fund for the parish of Orleans. The clerks of all of
the district courts and criminal district courts of this state shall remit all costs so
collected to the board monthly on or before the tenth day of each calendar month.
The disbursement of the proceeds from the fund may be authorized only by a
majority of the members of the board.
* * *
§1211. Qualifications; duties; bond; collection of fees; deputies; minute clerks
The qualifications and duties of the Orleans clerk of civil district court shall
be as now fixed by law. He shall furnish bond in the sum of twenty thousand dollars,
which shall be examined by the court, and all testimony given in the examination
shall be reduced to writing and filed of record in the court. He shall charge and
collect the fees prescribed by the legislature until superseded by those fixed by the
court. The clerk is authorized, with the approval of the judges of the civil district
court, to appoint deputies and other assistants; and he may remove them at pleasure,
or the court may remove them. Each judge of the civil district court and criminal
district court shall appoint be appointed, subject to the rules of the court to
which they are assigned, one minute clerk, who shall be sworn as deputy clerk, and
shall receive a salary as the court en banc executive committee of the Consolidated
Judicial Expense Fund for Orleans Parish may fix. The salaries currently paid
by the City of New Orleans shall be continued at the current amount until the
executive committee certifies there are sufficient funds to pay them. When
directed by the court, a minute clerk shall administer the oath required by law of all
witnesses and jurors.
§1211.1. Clerk; election; term of office
A. There shall be one clerk of the Civil District Court court for the parish of
Orleans, who shall be elected by the qualified electors of Orleans Parish. He shall be
elected at the election for parochial and municipal officers in Orleans Parish, shall
serve for a term of four years, and shall take office and begin his term on the first
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Monday in May following election.
B. To facilitate transition to a consolidated office of the clerk of court, no
employee of the clerk of the Criminal District Court on the date this Section
becomes effective may be discharged from employment by the clerk before
January 15, 2027, except for good cause shown including but not limited to
insubordination or violation of any state or federal law, notwithstanding the
provisions of R.S. 13:1371.2. The clerk of the office of the consolidated clerk of
court may hire temporary employees or hire contractors to assist in the
transition using unrestricted funds of the clerk until June 30, 2027.
§1212. Salary
A. The Orleans clerk of the civil district court shall receive a salary as
established in R.S. 13:782(A) based on the applicable population of the parish
according to the latest United States census which shall be payable out of the judicial
expense clerk's salary fund beginning with Fiscal Year 1997-1998 and each fiscal
year thereafter. In addition to this amount, the clerk of the civil district court shall
receive a salary of ten thousand dollars which shall be payable by the state judicial
expense fund.
B.(1) The Louisiana Clerks of Court Certification program, as established
pursuant to R.S. 13:782(I) and (J), shall apply to the clerk of the Civil District Court
court for the parish of Orleans.
(2) In addition to those persons eligible pursuant to R.S. 13:782(I)(3) and
1371.1(B)(2), the person holding the office of clerk of the Civil District Court court
for the parish of Orleans shall be eligible for participation in the clerks of court
certification program.
(3) The requisite education and training will be provided as set forth in R.S.
13:782(I)(4).
(4) The clerks of court certification program committee, as created pursuant
to R.S. 13:782(J) to govern the certification program, shall also apply to the clerk of
the Civil District Court court for the parish of Orleans.
(5) Documents showing the successful completion of the certification
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program shall be submitted to and approved by the certification committee. Upon
approval of the application for certification, a person holding the office of clerk of
the Civil District Court court for the parish of Orleans shall receive the designation
of Certified Clerk of Court (CCC) and notice of the approval shall be forwarded to
the legislative auditor by the certification committee.
* * *
§1212.1. Expenses
In addition to his salary, the clerk of the Civil District Court court for the
Parish parish of Orleans, shall receive a sum not to exceed ten percent of his annual
salary as an expense allowance. This allowance shall be payable out of the judicial
expense clerk's salary fund upon the warrant of the clerk of the civil district court.
* * *
§1213.1. Payment of costs in lump sum
In lieu of the fees enumerated in R.S. 13:1213 or otherwise set by the judges
of the Civil District Court for the Parish of Orleans, the judges of the Civil District
Court for the Parish of Orleans may authorize the clerk of the Civil District Court
court to demand and receive from plaintiffs and defendants a fee to cover the cost
of all pleadings filed respectively by the plaintiff and by the defendant. Such fee
shall be in an amount set by the judges of the Civil District Court for the Parish of
Orleans, sitting en banc, and may vary according to the type of lawsuit filed.
Different fees may be established for the plaintiff and for the defendant. Upon the
filing of initial pleadings by the plaintiff, the clerk shall collect the fee from the
plaintiff, and no further or additional fees shall be demanded by the clerk from the
plaintiff upon the filing of subsequent pleadings by the plaintiff. Upon the filing of
initial pleadings by the defendant, the clerk shall collect the fee from the defendant,
and no further or additional fees shall be demanded by the clerk from the defendant
upon the filing of subsequent pleadings by the defendant.
§1213.2. Fees; clerk of the Civil District Court court
The Orleans clerk of the Civil District Court court shall collect the fees and
costs set forth in R.S. 13:1213.1, and any other applicable law, and shall deposit no
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less than fifty forty percent of the amounts collected in the Clerk's Salary Fund. Fifty
Sixty percent shall be deposited in the judicial expense fund for the Civil District
Court for the Parish parish of Orleans after deduction of statutorily mandated
charges and fees. The clerk shall remit to the judicial expense fund of the Civil
District Court fifty sixty percent of such fees no later than the twenty-fifth day of the
month following the preceding month's collection.
* * *
§1216. Docket and index
The clerk of the civil district court shall keep a docket of each proceeding
with a proper index thereto.
* * *
§1222. Motor vehicles for the office of the clerk of the civil district court
A. The clerk of the civil district court may purchase or lease three motor
vehicles to be used for official office use only.
B. The clerk of the civil district court may purchase insurance for the motor
vehicles authorized in Subsection A of this Section. The insurance shall be purchased
from an insurance company which is licensed to do business under the laws of this
state.
C. The clerk of the civil district court may use any funds which are lawfully
available to him to purchase or lease the motor vehicles and to pay the insurance on
the motor vehicles, as authorized in this Section.
* * *
§1338. Transfer of cases
A. All pending cases filed in the Civil District Court for the Parish parish of
Orleans over civil commitment proceedings where the Criminal District Court for
the Parish parish of Orleans has determined a mentally defective defendant is
incapable of standing trial, is a danger to himself or others, and is unlikely in the
foreseeable future to be capable of standing trial are hereby transferred to the
Criminal District Court for the Parish parish of Orleans for further proceedings in
accordance with law. A judge of the civil district court or the criminal district court
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on his own motion, or upon motion by the district attorney of Orleans Parish or the
attorney of the defendant, may have such case transferred upon the signing of the
order to transfer by either a judge of the Criminal District Court for the Parish parish
of Orleans or a judge of the Civil District Court for the Parish parish of Orleans.
Upon the signing of such an order, the clerk of the Civil District Court for the Parish
of Orleans or the clerk of the Criminal District Court for the Parish of Orleans shall
effect delivery of the record to the clerk of the Criminal District Court for the Parish
of Orleans, who shall receipt the same and properly file it in his office. The Criminal
District Court for the Parish parish of Orleans shall hear and dispose of the case with
the same legal effect as if it had been instituted in that court in the first instance.
B. With respect to cases and jurisdiction transferred according to this Section,
the criminal sheriff for the parish of Orleans is vested with the power and authority
to serve all notices, subpoenas, papers, writs, and orders and to make proper return
thereto to the Criminal District Court for the Parish paish of Orleans.
* * *
§1371.2. Clerk; election; term of office; deputy clerks
A. There shall be one clerk of the Criminal District Court for the parish of
Orleans, who shall be elected by the qualified electors of the parish of Orleans. He
shall be elected at the election for parochial and municipal officers in Orleans Parish,
shall serve for a term of four years, and shall take office and begin his term on the
first Monday in May following election.
B. The clerk of the Criminal District Court court for the parish of Orleans
shall appoint, with the approval of the judges of the court, such deputy clerks as are
necessary to properly conduct the business of his office and of the court. He may
remove them at pleasure, or the court en banc to which they are assigned may
remove them.
* * *
§1373. Minute clerks and court reporters
A.(1) The presiding judge of each section of the criminal district court for the
parish of Orleans may appoint shall be appointed a minute clerk at an annual salary
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of forty-eight hundred dollars, and a court reporter at an annual salary of fifty-four
hundred dollars; the by the clerk of court in accordance with the provisions of
R.S. 13:1211 and subject to the provisions of that Section. The salaries of the
minute clerks and of the court reporters shall be paid by the city of New Orleans.
* * *
§1373.1. Minute clerks, court reporters, and deputy court reporters; salary payable
by the state
A. The annual salary of each of the court reporters of Sections A through L,
both inclusive, and of the magistrate section of the Criminal District Court for the
parish of Orleans to be paid by the state of Louisiana out of the General Fund of the
state of Louisiana is hereby fixed at twelve thousand four hundred seventy-eight
dollars per annum, payable monthly by the state treasurer upon the warrant of said
court reporters and minute clerks shall be paid by the city in the same amount
as provided for on July 1, 2026, and commencing on July 1, 2027, any amount
previously paid by the state general fund shall be charged to the Consolidated
Judicial Expense Fund for Orleans Parish.
B. The annual salary of each of the deputy court reporters in Sections A, B,
C, D, E, F, G, H, I, J, K, and L of the Criminal District Court for the parish of
Orleans and the deputy court reporter for the magistrate of the said court, to be paid
by the state of Louisiana out of the General Fund of the state of Louisiana shall be
equal to that of the court reporters as provided in Subsection A of this Section and
shall be payable monthly by the state treasurer upon the warrant of the said deputy
court reporter.
C. The annual salary of each of the several minute clerks of said court, and
the clerk who acts as minute clerk for the judges sitting as a court of appeals to be
paid by the state of Louisiana out of the General Fund of the state of Louisiana is
hereby fixed at fifteen thousand seven hundred ninety-one dollars per annum,
payable monthly by the state treasurer upon the warrant of said minute clerks.
D. The increase in salary provided herein for court reporters, deputy court
reporters, and minute clerks, shall not be payable until state funds are made available
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therefor.
* * *
§1381. Fees
The following charges may be made for the services of the clerk of the
criminal district court for the parish of Orleans:
* * *
(21) For making copies of any paper, document, or other proceeding, the
original of which is in the custody of the clerk of the criminal district court for the
parish of Orleans including certificate and seal thereto, for each one hundred words,
sixty cents.
* * *
§1381.3. Clerk of the Criminal District Court expense fund
There is hereby established the Clerk of the Criminal District Court Expense
Fund for the parish of Orleans. All funds collected as clerk's fees, interest accrued
on investments of funds by the clerk of the Criminal District Court pursuant to R.S.
39:1271 R.S. 33:2955(A)(1), and any funds otherwise generated by the clerk of the
Criminal District Court shall be deposited in said fund and may be expended from
this fund for purposes of defraying the operating expenses of the clerk's office.
* * *
§1381.5. The Orleans Parish administration of criminal justice fund
A. There is hereby created an Orleans Parish administration of criminal
justice fund which shall be maintained and supervised by the criminal sheriff of the
parish of Orleans for the purpose of collecting and distributing proceeds received
from the annual licensing fee pursuant to R.S. 22:822.
B. * * *
(2) Each quarterly distribution shall be calculated and allocated as follows:
* * *
(e) Twenty percent of all funds received to the Clerk of the Criminal District
Court Expense Fund for the parish of Orleans.
* * *
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§1381.7. Clerk of the Orleans Parish Criminal District Court
A. The legislature finds that adequate funding of the office of Clerk of the
Criminal District Court for the parish of Orleans is necessary for the efficient
performance of the powers and duties required of a judicial officer of the state.
Pursuant to the exercise of the police power of the state, actions for obtaining
adequate funding are necessary to promote judicial efficiency and to protect and
promote the lives, health, morals, comfort, and general welfare of people as a whole.
The amounts to be appropriated and paid by the city of New Orleans for expenses,
including salaries and maintenance of constitutional officers, their deputies,
subordinates, and employees shall not be reduced by the city of New Orleans without
the consent of the legislature expressed by approval of a proposal by the Joint
Legislative Committee on the Budget.
* * *
§2515. Application for supervisory writs; stay orders
All applications for supervisory writs of certiorari, prohibition, or mandamus
to the Criminal District Court for the Parish parish of Orleans from the Municipal
and Traffic Court of New Orleans shall be filed with the clerk of the Criminal
District Court for the Parish parish of Orleans, and shall be by him allotted to the
criminal court of appeals panel then sitting to hear appeals within that court under
its rules, in connection with cases not appealable to the Supreme Court of Louisiana.
No stay order shall be binding on the lower court unless at least two of such judges
shall order such stay. The application for writs shall follow the general form and
shall contain all documents and exhibits now required by Rule X of Rules of the
Supreme Court of Louisiana, or as may be hereafter required under Rule X.
* * *
§5971. Applicability
The judicial administrative districts authorized by this Chapter shall provide
an optional and additional method of funding the office of the clerk for the Criminal
District Court for the parish of Orleans, the office of the clerk of court for the Civil
District Court for the parish of Orleans, and the office of the clerk of district court
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for each of the other parishes.
Section 2. R.S. 15:85.1(A)(2)(d) is hereby amended and reenacted to read as follows:
§85.1. Posting of criminal bond; fee assessed
A.(1) * * *
(2) The proceeds from cases in which the criminal prosecution has been
concluded shall be distributed on a quarterly basis as follows:
* * *
(d) Two dollars shall be remitted to the office of the clerk of court for the
parish, except in the parish of Orleans where two dollars shall be remitted to the
office of the clerk of the criminal district court, or to the office of the city or
municipal clerk of court in cases where the municipality is responsible for the
prosecution.
* * *
Section 3. R.S. 18:2(3), 444(E), 602(C)(1) and (E)(2)(c), 1300.7(B), 1354(A)(1),
1511.2(E), and 1511.3(A)(1) are hereby amended and reenacted to read as follows:
§2. Definitions
As used in this Code, the following words and terms shall have the meanings
hereinafter ascribed to each, unless the context clearly indicates another meaning:
* * *
(3) "Clerk of court" or "clerk" means the clerk of the district court, except
that in any parish having a civil district court and a criminal district court, these
terms mean the clerk of the criminal district court.
* * *
§444. Parish executive committees
* * *
E. Powers of the committee. The parish executive committee of a recognized
political party may adopt rules and regulations for its government that are not
inconsistent with the laws of this state or the rules and regulations of the state central
committee, and it may create any committee it deems necessary. The rules and
regulations of the parish executive committee of a recognized political party shall be
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filed with the clerk of court within ten days after their adoption. In parishes which
have a civil and a criminal district court, the rules and regulations of a parish
executive committee shall be filed with the clerk of the criminal district court.
* * *
§602. Vacancies in certain local and municipal offices; exceptions
* * *
C.(1) When a vacancy occurs in any of the following offices, the duties of the
office shall be assumed by the person hereinafter designated: (a) district attorney, by
the first assistant; (b) clerk of a district court, by the chief deputy; (c) coroner, by the
chief deputy; (d) sheriff, by the chief criminal deputy, except that in a parish that has
both a civil sheriff and a criminal sheriff, the civil sheriff by the chief civil deputy,
and the criminal sheriff, by the chief criminal deputy, respectively; and (e) tax
assessor, by the chief deputy assessor.
* * *
E.(1)(a) * * *
(2)(a) * * *
(c) Within twenty-four hours after issuing the proclamation, the authority or
authorities ordering the special election shall send a copy of the proclamation, by
certified or registered mail, to the clerk of the district court for the parish in which
the vacancy occurred. If the vacancy occurred in the parish of Orleans, the copy of
the proclamation shall be so mailed to the clerk of the criminal district court. If the
vacancy occurs in an office which affects more than one parish, a copy of the
proclamation shall at the same time be so mailed to the clerk of each of the parishes.
A copy of the proclamation also shall be mailed to the secretary of state at the same
time and in the same manner.
* * *
§1300.7. Governor to order election; proclamation; publication
* * *
B. Within twenty-four hours after issuing the proclamation, the governor
shall send a copy of the petition and proclamation, by registered or certified mail, to
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the clerk of the district court for each parish in which the election is to be held. If the
election is to be held in Orleans Parish, the city of New Orleans, the copy of the
petition and proclamation shall be mailed to the clerk of the criminal district court.
A copy of the petition and proclamation also shall be sent to the secretary of state.
Within twenty-four hours after he receives the copies, the secretary of state shall
notify all other election officials having any duty to perform in connection with a
recall election, including the parish board of election supervisors for the parish or
parishes in which the election is held. Immediately after receipt of the proclamation,
the secretary of state shall publish the proclamation in the official journal of each
parish in which the election is to be held.
* * *
§1354. Parish custodian of voting machines; powers and duties; appointment of
deputy custodians
A.(1) The clerk of the district court is ex officio parish custodian of voting
machines in each parish, except that in any parish having a civil and a criminal
district court the clerk of the criminal district court is ex officio parish custodian of
voting machines. The parish custodian of each parish shall assist the secretary of
state in the performance of his functions within the parish.
* * *
§1511.2. Supervisory committee; rulemaking authority; advisory opinions; inquiries
* * *
E. The supervisory committee shall prepare and distribute to the general
public through the offices of the clerks of court and in Orleans Parish the office of
the clerk of the criminal district court and on its website, booklets of explanation and
instruction concerning the provisions of this Chapter in such a manner as to inform
the public of the procedures and requirements of this Chapter. The supervisory
committee may publish and distribute additional material to assist persons in
complying with the provisions of this Chapter.
§1511.3. Filing of reports; forms; notice
A.(1) All reports required by this Chapter shall be filed with the supervisory
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committee as otherwise provided in this Chapter on forms provided by the
supervisory committee. The supervisory committee shall prepare forms for all
reports required by this Chapter in conformity with the requirements of this Chapter
and shall cause such forms to be printed and sufficient copies thereof furnished to
the clerks of court and in Orleans Parish to the clerk of the criminal district court,
who shall make them available to all persons required to file reports under the
provisions of this Chapter. All forms shall contain instructions directing the person
filing with whom to file reports. It is the intent of the legislature that the supervisory
committee shall provide forms in a simple format in conformity with the
requirements of this Chapter.
* * *
Section 4. The provisions of this Act shall not reduce the current term of office of the
clerk of criminal district court for the parish of Orleans on the effective date of this Act. The
office of clerk of criminal district court for the parish of Orleans shall be abolished at the end
of May 3, 2026, and before the term of any other criminal clerk of court begins. Immediately
thereafter, the authority, functions, duties, and responsibilities of the office of clerk of
criminal district court for the parish of Orleans, and all of the books, papers, records, monies,
actions, and other property of every kind and description, movable and immovable, real and
personal, possessed, controlled, or used by the office of the clerk of criminal district court
for the parish of Orleans shall be transferred and owned, possessed, controlled, and used by
the clerk of the civil district court for the parish of Orleans, who shall thereafter be referred
to as the clerk of court for the parish of Orleans.
Section 5. Whenever the clerk of the criminal district court for the parish of Orleans
is referred to or designated by law, rule, or regulation on and after the date that office is
abolished, such reference or designation shall be deemed to apply to the clerk of civil district
court for the parish of Orleans or hereafter "clerk of court for the parish of Orleans".
Section 6. R.S. 13:1031, 1033, 1371, 1371.1, and 1378 are hereby repealed in their
entirety.
Section 7. This Act shall become effective upon signature by the governor or, if not
signed by the governor, upon expiration of the time for bills to become law without signature
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
vetoed by the governor and subsequently approved by the legislature, this Act shall become
effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Provides for a clerk of court in Orleans Parish. (gov sig) (EN SEE FISC NOTE LF EX)

Sponsors

Sen. John Morris (R) sponsors SB 256 alone.

Committees

SB 256 went before 2 committees: Judiciary A and Judiciary.

Judiciary A
Judiciary A
Referred to · Feb 26, 2026
Judiciary
Judiciary
Referred to · Apr 14, 2026 · 21 Bills

History

SB 256 has taken 24 actions since Feb 26, 2026, the latest on May 5, 2026.

ChamberAction
May 5, 2026
House
Signed by the Speaker of the House.
May 4, 2026
Senate
Enrolled. Signed by the President of the Senate on 4/30/2026.
May 4, 2026
Senate
Sent to the Governor by the Secretary of the Senate on 4/30/2026.
Apr 30, 2026
Senate
Signed by the Governor. Becomes Act No. 15.
Apr 30, 2026
Senate
Effective date 4/30/2026.

Votes

SB 256 went to 6 roll calls across both chambers, the latest on Apr 29, 2026 at 2511.

ChamberQuestion
Yea
Nay
Apr 29, 2026
Senate
Senate Vote on SB 256 CONCUR (#506)
25
11
Apr 23, 2026
House
House Vote on SB 256 AMENDMENT # 4414 BY GREEN MOTION TO ADOPT (#705)
31
63
Apr 23, 2026
House
House Vote on SB 256 FINAL PASSAGE (#708)
63
28
Apr 8, 2026
Senate
Senate Vote on SB 256 AMENDMENT # 1866 BY DUPLESSIS SB 256 BY MORRIS (#287)
11
23
Apr 8, 2026
Senate
Senate Vote on SB 256 AMENDMENT # 1863 BY DUPLESSIS SB 256 BY MORRIS (#288)
12
24

Source: legis.la.gov · legiscan.com