§ 46:1602 — Issuance of charter by the secretary of state; organization and operations; authority

§1602. Issuance of charter by the secretary of state; organization and operations; authority
to receive public funds; liability
A.(1) Any five or more citizens of a parish who possess the qualifications set forth
in this Section may associate themselves together for the purpose of making application to
the office of elderly affairs, hereinafter in this Chapter referred to as the "office", for a charter
for a parish voluntary council on the aging. The application shall set forth the names,
addresses, and occupations of the persons who are to serve as members of the initial council
and such other information as is required by this Chapter to be included in a parish charter.
(2) Immediately upon the receipt of an application, the office shall make such
examination and investigation as it deems advisable. After the application has been
approved by the executive director of the office, it shall be transmitted to the secretary of
state, who is hereby authorized to issue a charter which thereafter shall constitute authority
of the voluntary council on the aging to function in the parish for which the charter was
issued in accordance with the provisions of this Chapter.
(3) Immediately upon issuance of the charter by the secretary of state, the parish
voluntary council on the aging will be authorized to receive public funds from any
governmental or political subdivision. Such funds shall be subject to audit by the legislative
auditor or his duly authorized representative.
B. Each council shall be composed of not less than five citizens of the state from
among citizens within the parish who are interested in the welfare of the aging people. Not
more than one-half of the membership of a council may be elected officials. Any vacancy
in the membership of a council shall be filled by the remaining members of the council for
the remainder of the unexpired term.
C. The number of members of each council and the terms of members shall be
determined by the council under the general guidelines established by the office of elderly
affairs upon review and recommendation by the Louisiana Executive Board on Aging.
D. Each parish voluntary council on the aging shall be voluntary as to its
membership and as to all plans, programs, and activities, and each shall be non-profit making
and politically non-partisan and non-factional and shall be non-sectarian.
E. In any suit against a parish voluntary council on the aging for personal injury or
wrongful death, the total amount recoverable, exclusive of medical care and related benefits
and loss of earnings, or loss of support and loss of future support, shall not exceed five
hundred thousand dollars.
F.(1) If the council is held liable for damages for personal injury or wrongful death,
the court shall determine:
(a) The amount of general damages exclusive of:
(i) Medical care.
(ii) Related benefits.
(iii) Loss of earnings or support, or both.
(iv) Loss of future earnings or support, or both.
(b) The amount of medical care, related benefits, and loss of earnings or support, or
both, to date of judgment.
(c) Whether the claimant is in need of future medical care and related benefits and
the amount thereof.
(d) Whether there will be a loss of future earnings or support, and the amounts
thereof.
(2)(a) "Medical care and related benefits" for the purpose of this Subsection means
all reasonable medical, surgical, hospitalization, physical rehabilitation, and custodial
services, and includes drugs, prosthetic devices, and other similar materials reasonably
necessary in the provision of such services.
(b) "Loss of earnings" and "loss of support" for the purpose of this Subsection mean
any form of economic loss already sustained by the claimant as a result of the injury or
wrongful death which forms the basis of the claim. "Loss of future earnings" and "loss of
future support" mean any form of economic loss which the claimant will sustain after the trial
as a result of the injury or wrongful death which forms the basis of the claim.
G. A person who serves as an officer or board member of a parish voluntary council
on aging, whether he serves with or without compensation for such services, shall not be
individually liable for any act or omission resulting in damage or injury arising out of the
exercise of his judgment in the formation and implementation of policy while acting as an
officer or board member, provided he was acting in good faith and within the scope of his
official functions and duties, unless such damage was caused by his willful or wanton
misconduct.
H. Any director, employee, or agent, including any volunteer, of a home repair or
maintenance program of a parish voluntary council on aging, and any director, employee, or
agent of the council, including any volunteer, for actions related to such program, found to
be acting in good faith and in compliance with the provisions of R.S. 46:937.1(B) or (C), and
absent of any finding of willful and wanton misconduct or gross negligence, shall be immune
from any civil liability that might otherwise be incurred or imposed by law.

Legislative History

Added by Acts 1958, No. 342, §2. Amended by Acts 1964, No. 456, §1; Acts 1971, No. 126, §1; Acts 1978, No. 708, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 867, §1; Acts 1985, No. 629, §2, eff. July 16, 1985; Acts 1987, No. 597, §1; Acts 1992, No. 648, §2, eff. July 2, 1992; Acts 1995, No. 1134, §1, eff. June 29, 1995; Acts 2018, No. 206, §5.