Coalition For Common Sense

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2019 Legislation PDF Print E-mail

For the second week in a row, HB 372 by Rep. Kirk Talbot, R-River Ridge, the Omnibus Premium Reduction Act of 2019 was heard in the Senate Judiciary A Committee, or as it is otherwise known as the committee where all civil justice reform goes to die. It did as the bill was deferred on 4-1 vote. The bill’s only supporter, Sen. Jack Donahue, R-Mandeville, had earlier moved for its passage and verbally supported the legislation over the course of the committee hearings last week and this week. LCCS thanks Rep. Talbot for his outstanding effort and Sen. Donahue for being the voice of reason!

 

UPDATE

May 10, 2019

 

Following is a summary of legislation filed for the 2019 Louisiana Regular Legislative Session relative to civil law, civil procedure and other matters of interest to the Louisiana Coalition for Common Sense. LCCS supports legislation that will improve Louisiana's legal climate while opposing measures that seek to further burden the state's judicial system with frivolous lawsuits. 

 

A link to the legislation is provided under each bill. As the bills move through the process, all action taken will be at those links.

 

HOUSE

 

HB 51 by Rep. Mike Huval, R-Breaux Bridge

Provides relative to the admissibility of evidence for failure to wear a safety belt

Proposed law authorizes the introduction of evidence of failure to wear a safety belt in order to establish both comparative negligence and damages. This legislation passed the House last year and was defeated in the Senate Judiciary A Committee.

CCS Position: SUPPORT

Status: Involuntarily deferred in Senate Judiciary A on May 7, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=HB51&sbi=y

 

HB 75by Rep. Zee Zeringue, R-Houma

Provides for the applicability of the Public Records Law to records of the judiciary commission 

Requires certain documents related to judicial misconduct produced by the judiciary commission to be made public.

CCS Position: SUPPORT

Status: Failed to pass the House by a vote of 47-50 on April 30, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1115689

 

HB 178 by Rep. Katrina Jackson, D-Monroe

(Constitutional Amendment) Provides relative to the holding of public office and public employment

Proposed law repeals the mandatory retirement age for judges and provides that no person shall be denied the right to hold public office or public employment based on age. Requires a 2/3 vote of the legislature and a vote of the people.

CCS Position: OPPOSE

Status: Recommitted to House Civil Law and hearing has not been scheduled.

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=HB178&sbi=y

 

HB 190 by Rep. Alan Seabaugh, R-Shreveport

Provides relative to appeals from city and parish court judgments

Proposed law changes the general 10-day delay for filing appeals for city and parish court judgments to a 30-day for filing suspensive appeals and a 60-day delay for filing devolutive appeals. 

CCS Position: MONITOR

Status: Voluntarily deferred in House Committee on Civil Law 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1118675

 

HB 213 by Rep. Huval

Provides relative to expedited jury trials

Establishes expedited jury trials, and provides for the availability of expedited jury trials in certain civil matters and provides for procedures for expedited jury trials. 

CCS Position: SUPPORT

Status: Failed to pass the House by a vote of 40-45 on April 25, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=HB213&sbi=y

 

HB 226 by Rep. Jimmy Harris, D-New Orleans

Provides relative to testimony by experts

Provides that present law shall not limit the parties in calling expert witnesses on testifying on the issue of memory and eyewitness identification and that such testimony is admissible at the discretion of the trial judge. The legislation as amended in committee further stipulates that an expert shall not offer an opinion as to whether a witness’s eyewitness identification is accurate.

CCS Position: OPPOSE

Status: Reported favorably as amended by the House Committee on Criminal Justice; scheduled for hearing on House floor on May 20, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1119325

 

HB 257 by Rep. Stuart Moss, R-Sulphur

Provides relative to the privilege of certain health care providers against proceeds recovered by injured persons 

Provides the assignee of a health care provider, hospital, or ambulance service a right to the privilege against certain proceeds recovered by injured persons, and authorizes delivery by email of the notice of such privilege. 

CCS Position: OPPOSE

Status: Voluntarily deferred in House Committee on Civil Law on April 30, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1119764

 

HB 311 by Rep. Barbara Norton, D-Shreveport

Creates the Louisiana Motor Vehicle Insurance Cost Reduction and Fairness Act 

Prohibits an insurer from making motor vehicle liability policy decisions based solely upon certain criteria and requires a reduction in premiums by a minimum of 5 percent for insurance policies covering bodily injury and property damage. 

CCS Position: OPPOSE

Status: Voluntarily deferred by House Insurance on May 7, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1120506

 

HB 348 by Rep. Ryan Bourriaque, R-Abbeville

Provides relative to public-private partnerships

Proposed law authorizes a comprehensive agreement for public-private partnership projects to contain a provision allowing an authority to assume liability for damages arising out of injuries or property damage to third parties in the event that the qualifying transportation facility, or portions thereof, are determined to be uninsurable for such damages. 

CCS Position: MONITOR

Status: Reported favorably as amended by the House Committee on Transportation; scheduled for hearing on House floor on May 20, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=HB348&sbi=y

 

HB 372 by Rep. Kirk Talbot, R-River Ridge

Enacts the Omnibus Premium Reduction Act of 2019

The Omnibus Premium Reduction Act of 2019 increases the general one- year prescriptive period for delictual actions to a two-year prescriptive period, reduces the threshold for a jury trial to $5,000, provides for reduced damages for amounts paid or payable from collateral sources, and repeals the right of direct action against an insurer and creates the automatic rate review and contingent reduction. 

CCS Position: SUPPORT

Status: Deferred one week pending a fiscal note requested by Senate Judiciary A; scheduled for hearing on May 14, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=HB372&sbi=y

 

HB 383 by Rep. Paula Davis, R-Baton Rouge 

Provides relative to the admissibility of evidence regarding workers’ compensation claims and payments of benefits

Authorizes that evidence of the nature and extent of a worker’s compensation claim or payment of benefits be admissible to a jury, as opposed to being admissible only to the judge, in any civil proceeding. 

CCS Position: SUPPORT

Status: Referred to House Committee on Civil Law 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1121443

 

HB 401 by Rep. Julie Emerson, R-Carencro

Provides relative to the Louisiana Mediation Act

Removes the requirement that a mediation order be rescinded after an objection is filed.

CCS Position: MONITOR

Status: Referred to the House Committee on Civil Law

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1121470

 

HB 411 by Rep. Terry Landry, D-New Iberia

Provides for insureds to have the option to choose a particular motor vehicle repair shop 

Prohibits insurance companies from requiring claimants to use a particular place or shop for motor vehicle service or glass window repair. 

CCS Position: MONITOR

Status: Scheduled for debate on the House floor Tuesday, May 14, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=HB411&sbi=y

 

HB 437 by Rep. Talbot

Provides for motor vehicle repair estimates by insurers 

Requires a personal inspection for all initial repair estimates and requires a signed acknowledgment by the insured of the insurer's use of non-OEM aftermarket crash parts in the repair estimate. 

CCS Position: MONITOR

Status: Referred to the House Committee on Insurance

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1121670

 

HB 445 by Rep. Beryl Amedee, R-Houma

Provides relative to attorney advertising

Provides limitations, prohibitions, requirements, procedures and penalties with respect to advertising practices for legal services.

CCS Position: SUPPORT

Status: Referred to the House Committee on Civil Law

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1121713

 

HB 488 by Rep. Nancy Landry, R-Lafayette

Provides with respect to the hiring of special counsel by school boards 

Requires local school boards to receive approval of the Joint Legislative Committee on the Budget in order to retain general counsel. 

CCS Position: MONITOR

Status: Referred to the House Committee on Education

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1122079

 

HB 514 by Rep. Ray Garofalo, R-Chalmette

Provides for the execution of electronic notarial acts 

Provides for recordation of tangible copies of electronic acts; allows for the performance of notarial functions remotely through the use of technology; and provides for limitations, qualifications, procedures, duties, and rulemaking relative to the performance of remote online notarization. This is a Louisiana Law Institute bill.

CCS Position: MONITOR

Status: Referred to the House Committee on Civil Law

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1122096

 

HB 515 by Rep. Garofalo

Provides relative to suits against the state and state officials and employees

Provides relative to the provision of a defense for defendants in suits against the state, state officials and employees; specifies who is an official, officer, or employee of the state; provides for the delays for answering such suits. This is a Louisiana Law Institute bill.

CCS Position: MONITOR

Status: Reported favorably as amended by House Civil Law and scheduled for debate on the House floor Thursday, May 16, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1122096

 

HCR 4 by Rep. Jack McFarland, R-Jonesboro

Amends the Department of Transportation and Development administrative rules relative to outdoor advertising 

Proposed law defines “commercial advertising sign” and provides for placement relative to the advertising business, increased spacing requirements for such signs and a new annual permit fee structure. Proposed law also prohibits DOTD from adopting a policy or procedure, or issuing a project permit to remove trees, shrubs, vegetation or traffic signs in order to improve visibility of any off-premise outdoor advertising sign.

CCS Position: SUPPORT

Status: Involuntarily Deferred by the House Committee on Transportation

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=HCR4&sbi=y

 

SENATE

 

SB 27by Sen. Danny Martiny, R-Kenner

Provides relative to salaries for judges as recommended by the Judicial Compensation Commission 

Provides that the actual salary of the judges of the supreme court, courts of appeal and district courts increase annually by 2.5 percent on July 1, 2019 through 2023.  The same formula applies to the state-paid salaries of city court and parish court judges. In addition, proposed law provides that such increases are contingent upon approval prior to each July first by the Louisiana Supreme Court and the Louisiana Judicial Budgetary Control Board and any salary increase for 2019 shall be funded by the Judiciary.

CCS Position: MONITOR

Status: Voluntarily deferred in the Senate Committee on Finance

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=SB27&sbi=y

 

SB 76 by Sen. Greg Tarver, D-Shreveport

Provides relative to child safety seats

Proposed law changes the age and weight criteria for a child to use rear and forward-facing carseats.

CCS Position: MONITOR

Status: Referred to the House Committee on Transportation and hearing date set for Monday, May 13, 2019

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=SB76&sbi=y

 

SB 111 by Sen. Dan Claitor, R-Baton Rouge

Provides relative to court costs in suits involving the state and state agencies in the Nineteenth Judicial District Court.

Proposed law limits the application of present law with regard to the temporary deferral of court costs in suits filed in the 19th Judicial District Court to the state and its departments. Further provides that if an opposing party condemned to pay temporarily deferred court costs fails to pay the assessed costs within thirty days of the judgment becoming final, the clerk of court may forward a certified copy of the recorded judgment to the office of debt recovery for collection. The office of debt recovery may collect any outstanding deferred court costs on behalf of the clerk of court. 

CCS Position: MONITOR

Status: Referred to the House Committee on Judiciary

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=SB111&sbi=y

 

SB 114 by Sen. Conrad Appel, R-Metairie

Provides for admissibility of worker’s compensation payments in a civil proceeding for damages for the same injury

Collateral source legislation; Provides that evidence of the nature and extent of a worker's compensation claim or of payment of past or future worker's compensation benefits shall be admissible to a jury, as opposed to only the judge as in present law, in any civil proceeding with respect to a claim for damages relative to the same injury for which the worker's compensation benefits are claimed or paid.

CCS Position: SUPPORT

Status: Involuntarily deferred by Senate Committee Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1119899

 

SB 118by Sen. John Milkovich, D-Shreveport 

Provides right of an oral argument in contradictory proceedings.

Proposed law provides that a party shall have the right to present oral argument, in addition to written briefs, at all contradictory hearings in civil cases. Further provides that oral argument may be waived only if all parties agree in writing to such waiver, and may be denied by the court to a party if their pleadings or documents in connection with the contradictory hearing have not been timely filed. Violation of proposed law shall be mandatory grounds for setting aside the judgment and seeking a new hearing, by motion brought within 30 days.

CCS Position: OPPOSE

Status: Failed to pass the Senate by a 6-30 vote

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=SB118&sbi=y

 

SB 148by Sen. Sharon Hewitt, R-Slidell 

Provides relative to civil liability for certain damages involving vehicles and highways

Proposed law changes present law to allow consideration of evidence of failure to wear a safety belt in an action to recover damages arising from a motor vehicle accident as comparative negligence and removes provision prohibiting its admission to mitigate damages.

CCS Position: SUPPORT

Status: Involuntarily deferred in Senate Committee Judiciary A 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1120864

 

SB 154by Sen. Rick Ward, R-Port Allen 

Provides relative to civil liability for certain damages involving vehicles and highways

Originally, this bill changed civil liability from “jointly and severally liable” to “have solidary liability” when an operator or driver of a vehicle is not the owner of said vehicle. The legislation was amended in committee to increase the prescriptive period from one year to two years and in any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, failure to wear a safety belt in violation of law may be considered evidence of comparative negligence. The admissibility of such evidence shall be determined by the court out of the hearing of the jury.

CCS Position: OPPOSE

Status: Returned to the Senate calendar on May 6, 2019 and is subject to call

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=SB154&sbi=y

 

SB 199 by Sen. John Smith, R-Leesville

Extends the insurance fraud investigation unit within the Department of Public Safety and Corrections and the insurance fraud prevention act.

Proposed law changes the termination date of the Sledge Jeansonne Louisiana Insurance Fraud Prevention Act, authorizing the attorney general to pursue a civil action against anyone who commits fraud or any other illegal practice to obtain insurance payments, from July 1, 2019 to July 1, 2021. 

CCS Position: MONITOR

Status:Referred to the House Committee on Judiciary 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=SB199&sbi=y

 

SB 211 by Sen. Appel

Provides relative to outdoor advertising.

CCS Position: SUPPORT

Status: Referred to the Senate Committee on Transportation

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1122335

 

SCR 37 by Sen. Gerald Long, R-Winnfield

Requests the Louisiana Supreme Court and the Louisiana State Bar Association review rules governing solicitation advertising by attorneys.

CCS Position: SUPPORT

Status: Referred to House Committee on Judiciary

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=19RS&b=SCR37&sbi=y

 

Louisiana Legislative Session

The 2019 Regular Session of the Louisiana Legislature must adjourn by June 6. 

HB 372 by Rep. Kirk Talbot, R-River Ridge, the Omnibus Premium Reduction Act of 2019, failed to pass the Senate Committee on Judiciary A. LCCS thanks Rep. Talbot for his outstanding effort to lower the civil jury trial threshold, end the collateral source rule, limit direct action against insurers, create an automatic rate review and contingent reduction and extend the prescription period. 

 

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