Coalition For Common Sense

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2020 Legislation PDF Print E-mail

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UPDATE

 

May 22, 2020

 

Following is a summary of legislation filed for the 2020 Louisiana Regular Legislative Session relative to civil law, civil procedure and other matters of interest to the Louisiana Coalition for Common Sense. 

 

A link is provided under each bill for you to review the legislation. As legislation moves through the process, you will find the bill history that can direct you to all action taken on each bill. LCCS will provide a weekly report on session activity.

 

The session began March 9 and after only a week of work, the Legislature adjourned due to efforts intended to mitigate the spread of COVID-19. The House and Senate did reconvene briefly on March 31 to meet its filing deadline before adjourning again. The legislative leadership reconvened the session Monday, May 4, and must adjourn Sine Die by June 1 at 6:00 PM.

 

HOUSE

 

HB 9 by Rep. Ray Garofalo, R-Chalmette

Enacts the Omnibus Reduction Act of 2020

The proposed law increases the general one-year prescriptive period for tort actions to a two-year prescriptive period, reduces the jury trial threshold 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. Will be amended in committee to mirror SB 418 by Sen. Kirk Talbot.

CCS Position: SUPPORT

Status: Reported favorably as amended from House Committee on Civil Law and Procedure; Returned to calendar

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB9&sbi=y

 

HB 22 by Rep. Larry Bagley, R-Stonewall

Provides relative to the mandatory retirement age for judges

The proposed constitutional amendment eliminates the mandatory retirement age for all judges, which is currently set at 70 years of age. 

CCS Position: OPPOSE

Status: Voluntarily deferred by the author 5/7 in the House Committee on Judiciary 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB22&sbi=y

 

HB 27 by Rep. Bagley

Provides relative to the mandatory retirement age for judges

The proposed law statutorily eliminates the mandatory retirement age for all judges, which is currently set at 70 years of age. 

CCS Position: OPPOSE

Status: Voluntarily deferred by the author 5/7 in the House Committee on Judiciary 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB27&sbi=y

 

HB 46 by Rep. Huval

Provides relative to expedited jury trials

The proposed law establishes expedited jury trials, provides for the availability of expedited jury trials in certain civil matters and provides for the procedures for an expedited jury trial. 

CCS Position: MONITOR

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB46&sbi=y

 

HB 74 by Rep. Kyle Green, D-Marrero

(Constitutional Amendment) Provides relative to the term of office for judges

The proposed constitutional amendment eliminates the mandatory retirement age of 70 years of age for judges, implements a three-term limit and extends the term of office from six years to 10 years.

CCS Position: OPPOSE

Status: Voluntarily deferred by the author 5/7 in the House Committee on Judiciary 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB74&sbi=y

 

HB 78 by Rep. Huval

Provides relative to evidence of force of impact in personal injury cases

The proposed law authorizes force of impact evidence in personal injury cases to determine the causation, nature and extent of any injuries sustained.

CCS Position: SUPPORT

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB78&sbi=y

 

HB 79 by Rep. Huval

Provides relative to evidence of past lost wages

The proposed law requires that documentary evidence of past lost wages be produced to support a claim, and that failure to produce such evidence precludes the party from making a claim for past lost wages.

CCS Position: SUPPORT

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB79&sbi=y

 

HB 90 by Rep. Zee Zeringue, R-Houma and Sen. Jay Morris, R-West Monroe

(Constitutional Amendment) Provides relative to documents and proceedings of the judiciary commission

The proposed amendment says that matters related to the confidentiality and privilege of documents and proceedings related to the discipline of judges by the judiciary commission shall be provided by law rather than by rules of the Supreme Court.

CCS Position: SUPPORT

Status: Referred to the House Committee on Governmental Affairs

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB90&sbi=y

 

HB 92 by Rep. Wilford Carter, D-Lake Charles

Provides relative to the prescriptive period for tort actions

The proposed law repeals the one-year prescriptive period in current law and provides that tort actions are subject to a two-year prescriptive period.

CCS Position: OPPOSE

Status: Involuntarily deferred in House Committee on Civil Law and Procedure – 5/20 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB92&sbi=y

 

HB 93 by Rep. Wilford Carter

Provides relative to the composition of the election sections of the Second District of the Third Circuit Court of Appeal

The proposed law changes the composition of the election sections for the election of judges to the second district of the Third Circuit Court of Appeal

CCS Position: MONITOR

Status: Reported favorably from House Committee on Governmental Affairs; Passed House by vote of 71-24; Referred to Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB93&sbi=y

 

HB 96 by Rep. Lance Harris, R-Alexandria

Provides for the creation of judicial nominating commissions for the merit selection of judges

The proposed law creates and establishes procedures for the judicial nominating commissions for the merit selection of judges.

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=20RS&b=HB96&sbi=y

 

HB 98 by Rep. Tanner Magee, R-Houma

Provides relative to the signing of civil proceedings

The proposed law requires a physical service address when signing civil pleadings.

CCS Position: MONITOR

Status: Reported favorably by the House Committee on Civil Law and Procedure and passed the House 102-0 on 3/12. Reported favorably from Senate Committee on Judiciary A; Passed Senate by vote of 35-0

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB98&sbi=y

 

HB 104 by Rep. Wilfred Carter

Repeals certain penalties for failure to maintain compulsory motor vehicle liability insurance 

The proposed law repeals the prohibition of recovery for the first $15,000 for bodily injury claims and the first $25,000 for property damage claims when the claimant fails to maintain the minimum required motor vehicle liability coverage. 

CCS Position: OPPOSE

Status: Voluntarily Deferred by author in House Committee on Insurance – 5/13

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB104&sbi=y

 

HB 112 by Rep. Harris

(Constitutional Amendment) Provides relative to the election and selection of judges

The proposed amendment changes the method by which judges are chosen from an election process to a selection process enacted by two-thirds of the elected members of each legislative chamber.

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=20RS&b=HB112&sbi=y

 

HB 119 by Rep. Huval

Provides relative to evidence of compromise and offers to compromise 

The proposed law authorizes parties to provide evidence of compromise to a jury for the purpose of showing the reason a party is not a defendant at trial. 

CCS Position: OPPOSE 

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=20RS&b=HB119&sbi=y

 

HB 148 by Rep. Mike Johnson, R-Pineville

Provides relative to venue for tort actions 

The proposed law provides that venue for damages arising from tort actions to be in the parish where any defendant resides or where the cause of action arose. Will be amended to replace “defendant” with “tortfeaser” to apply to delictual actions.

CCS Position: SUPPORT

Status: Reported favorably as amended from the House Committee on Civil Law and Procedure; Awaiting hearing on House floor 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB148&sbi=y

 

HB 156 by Rep. Magee

Provides relative to the recusal of judges

The proposed Louisiana State Law Institute bill provides relative to the recusal of judges.

CCS Position: MONITOR

Status: Removed from hearing in House Committee on Judiciary – 5/7

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB156&sbi=y

 

HB 176 by Rep. Magee

Provides for the continuous revision of the Code of Civil Procedure 

On recommendation on of the Louisiana State Law Institute, the proposed law provides for continuous revision of the Code of Civil Procedure. 

CCS Position: MONITOR

Status: Pending hearing in House Committee on Civil Law and Procedure.

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB176&sbi=y

 

HB 201 by Rep. Harris

Establishes certain requirements for financial disclosure statements filed by judges and judicial candidates and provides for the availability of such statements 

The proposed law requires elected judges, justices of the peace and judicial candidates to file financial disclosure statements that disclose the same information required of filers of Tier 2 disclosures pursuant to the ethics code, requires the judicial administrator to transmit those statements to the Board of Ethics and requires them to be available to the public via the board's website. 

CCS Position: SUPPORT

Status: Referred to the House Committee on Governmental Affairs 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB201&sbi=y

 

 

HB 207 by Rep. Gabe Firment, R-Pollock

Reduces the civil jury trial threshold amount incrementally over a period of two years

The proposed law provides for the gradual reduction of the civil jury threshold amount over the span of two years from $50,000 to $5,000. 

CCS Position: SUPPORT

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB207&sbi=y

 

HB 214 by Rep. John Stefanski, R-Crowley

(Constitutional Amendment) Provides relative to removal of Supreme Court jurisdiction over attorney advertisements 

The proposed amendment allows attorney advertisements to be regulated and subject to change by law effective Jan. 1, 2023. 

CCS Position: SUPPORT 

Status: Voluntarily deferred in House Committee on Civil Law and Procedure – 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB214&sbi=y

 

HB 230 by Rep. Huval

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

The proposed law authorizes the introduction of evidence of failure to wear a safety belt in order to establish both comparative negligence and damages, except in certain circumstances. 

CCS Position: SUPPORT

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB230&sbi=y

 

HB 256 by Rep. Jack McFarland, R-Jonesboro

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

The proposed law authorizes the introduction of evidence of failure to wear a safety belt in order to establish both comparative negligence and damages, except in certain circumstances. 

CCS Position: SUPPORT

Status: Removed from hearing in House Committee on Civil Law and Procedure – 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB256&sbi=y

 

HB 258 by Rep. Alan Seabaugh, R-Shreveport

Provides relative to compulsory motor vehicle liability security, failure to comply, and limitation of damages 

The proposed law states that if the owner of a motor vehicle does not maintain the compulsory minimum insurance limits in current law - $15,000 in bodily injury and $25,000 in property damages – that person is prohibited from recovering any damages as a result of a motor vehicle incident.

CCS Position: MONITOR

Status: Removed from hearing in House Committee on Civil Law and Procedure – 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB258&sbi=y

 

HB 264 by Rep. McFarland

Provides with respect to the availability of jury trials in certain civil matters 

The proposed law removes the prohibition against a jury trial being available if an individual petitioner’s cause of action does not exceed $50,000. 

CCS Position: SUPPORT

Status: Removed from hearing in House Committee on Civil Law and Procedure – 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB264&sbi=y

 

HB 266 by Rep. Seabaugh

Provides relative to direct actions by third parties against insurers 

The proposed law limits an injured third party's right of direct action against an insurer to certain exceptions; in the absence of these exceptions, the injured third party must take legal action against the insured party. 

CCS Position: SUPPORT

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB266&sbi=y

 

HB 279 by Rep. Seabaugh

Provides relative to involuntary dismissals with prejudice 

The proposed law changes a judgment dismissing an action regarding service and waiver of service from without prejudice to with prejudice. 

CCS Position: MONITOR

Status: Pending hearing in House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB279&sbi=y

 

HB 280 by Rep. Seabaugh

Provides relative to the jury trial threshold 

The proposed law reduces the jury trial threshold from $50,000 to $5,000.  

CCS Position: SUPPORT

Status: Removed from hearing in House Committee on Civil Law and Procedure – 5/18 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB280&sbi=y

 

HB 287 by Rep. McFarland

Provides relative to the collateral source rule 

The proposed law provides for limitations of recovery for medical expenses paid by certain collateral sources. 

CCS Position: MONITOR

Status: Removed from hearing in House Committee on Civil Law and Procedure – 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB287&sbi=y

 

HB 313 by Rep. Thomas Pressly, R-Shreveport

Provides for the recognition of separate legal personalities among affiliated corporations and other business entities 

The proposed law provides that legally affiliated organizations shall not be held responsible for the actions of one organization because the two organizations are merely affiliated with one another.

CCS Position: MONITOR 

Status: Reported favorably as amended from House Committee on Commerce; Passed House after amendment by vote of 92-1; Referred to Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB313&sbi=y

 

HB 318 by Rep. Zeringue and Sen. Jay Morris, R-West Monroe

Provides for availability of certain records and proceedings of the judiciary commission to the public 

The proposed law provides for the public nature of certain records and proceedings of the judiciary commission. 

CCS Position: SUPPORT

Status: Referred to the House Committee on Governmental Affairs

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB318&sbi=y

 

HB 341 by Rep. Bagley

(Constitutional Amendment) Provides relative to the amount an attorney can advance to his client 

The proposed amendment allows attorneys providing financial assistance to clients to be regulated by statute and enforces by the legislature, which effectively removes the authority of the Louisiana Supreme Court to regulate with regard to the member of the bar providing financial assistance to clients.

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=20RS&b=HB341&sbi=y

 

 

HB 348 by Rep. Bagley

Provides relative to advanced client costs by an attorney 

The proposed law establishes the regulations in statute to be enforced by the legislature with regard to attorneys providing financial assistance to their clients. This is the implementing legislation should the Constitutional Amendment (HB 341) be approved by vote of the people. 

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=20RS&b=HB348&sbi=y

 

HB 356 by Rep. Mandie Landry, R-New Orleans

Provides relative to the subject matter jurisdiction of certain courts 

The proposed law grants parish courts and small claims divisions jurisdiction over claims to enforce parish or municipal ordinances brought by individuals and neighborhood associations 

CCS Position: MONITOR

Status: Reported favorably as amended from House Committee on Judiciary; Passed house by vote of 99-0 (5/22)

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB356&sbi=y

 

HB 423 by Rep. Mike Johnson

Provides for the prescriptive period for bad faith insurance claims  

The proposed law provides a prescriptive period of two years for claims brought against an insurer for breach of good faith and fair dealing. 

CCS Position: SUPPORT

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB423&sbi=y

 

HB 481 by Rep. Magee 

Requires the uniform reporting by entities that assess, collect, or receive revenue from pre- or post-adjudication costs, fines, and fees 

The proposed law requires uniform audit reporting by local and state auditors that assess, collect or receive revenue from pre- or post-adjudication costs, fines and fees. Also requires the reporting of certain information that helps to provide a more complete and accurate understanding of the types, amounts, method of disbursement and collection, and the cost of collection. The Legislative Auditor and the Louisiana Supreme Court would enforce the proposed law jointly.

CCS Position: SUPPORT

Status: Reported favorably as amended from House Committee on Civil Law and Procedure; Passed House by vote of 96-0; Referred to Senate Committee on Governmental Affairs

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB481&sbi=y

 

HB 483 by Rep. Scott McKnight, R-Baton Rouge 

Provides relative to motions for summary judgment 

The proposed law provides relative to the submission of certified records in reply memorandum. 

CCS Position: MONITOR

Status: Pending hearing in House Committee on Civil Law and Procedure.

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB483&sbi=y

 

HB 509 by Rep. Valarie Hodges, R-Denham Springs

Provides disclosure procedures for asbestos and silica claims  

Provides disclosure procedures for asbestos and silica claims and trusts. 

CCS Position: SUPPORT

Status: Removed from hearing in House Committee on Civil Law and Procedure 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB509&sbi=y

 

HB 520 by Rep. Phillip DeVillier, R-

Provides relative to the authority to bring enforcement actions under the Louisiana Coastal Zone Management Program 

The proposed law specifies that only the state maintains the authority to bring enforcement actions for issues of state concern under the Louisiana Coastal Zone Management Program. 

CCS Position: SUPPORT

Status: Referred to the House Committee on Natural Resources and Environment

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB520&sbi=y

 

HB 552 by Rep. Pressly

Provides relative to liberative prescription 

The proposed law provides that tort actions are subject to a two-year prescriptive period and limits recovery of medical or healthcare expenses incurred to the amount actually paid or incurred by or on behalf of the claimant. 

CCS Position: OPPOSE

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB552&sbi=y

 

HB 573 by Rep. Seabaugh

Provides relative to evidence of failure to wear a safety belt

The proposed law provides for the introduction of evidence showing the tortfeasor's failure to wear a safety belt and prohibits recovery of the first $15,000 in damages.  

CCS Position: SUPPORT

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB573&sbi=y

 

HB 574 by Rep. Seabaugh

Provides relative to motions for summary judgment 

The proposed law provides for the awarding of court costs and attorney fees for parties dismissed in a motion for summary judgment. 

CCS Position: MONITOR

Status: Pending hearing in House Committee on Civil Law and Procedure.

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB574&sbi=y

 

HB 597 by Rep. Richard Nelson, R-Mandeville

Provides for evidence in personal injury claims 

The proposed law eliminates the presumption that an accident is the cause of an injury simply because there was no prior medical history, allows for evidence of force of impact to be considered to determine causation and extent of injuries, and requires testifying healthcare provider to offer into evidence the amount of the payments received for services rendered for testifying. Upon request, the total amount received in the last five years for testifying from any party involved in the lawsuit may be provided. Proposed law also requires that damages be reduced for failure to wear a seatbelt.

CCS Position: SUPPORT

Status: Reported favorably as amended from House Committee on Civil Law and Procedure; Awaiting hearing on House floor

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB597&sbi=y

 

HB 615 by Rep. Seabaugh 

Provides relative to donors or prospective donors of an organ or tissue

The proposed law provides that unintentional acts or omissions by organ procurement organizations towards a donor of anatomical gift is considered medical malpractice

CCS Position: SUPPORT

Status: Reported favorably from House Committee on Civil Law and Procedure; Awaiting hearing on Hosue floor

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB615&sbi=y

 

 

HB 628 by Rep. Seabaugh and Sen. Robert Mills, R-Shreveport

Provides relative to $500,000 limitation on general damages 

The proposed law creates a $500,000 limitation for general damages in civil suits. 

CCS Position: MONITOR

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB628&sbi=y

 

HB 648 by Rep. Robby Carter, D-Amite

Provides relative to final default judgments 

The proposed law eliminates the concept of preliminary default and provides for final default judgments.

CCS Position: OPPOSE

Status: Voluntarily deferred in House Committee on Civil Law and Procedure – 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB648&sbi=y

 

HB 677 by Rep. Ken Brass, D-Vacherie

 Provides relative to motor vehicle crash reports 

The proposed law makes changes to current requirements relative to motor vehicle accidents

CCS Position: MONITOR

Status: Referred to the House Committee on Transportation

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB677&sbi=y

 

HB 678 by Rep. Robby Carter

Provides relative to actions involving insured defendants 

The proposed law allows for direct action in exceptional circumstances involving insured defendants.

CCS Position: OPPOSE

Status: Voluntarily deferred in House Committee on Civil Law and Procedure – 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB678&sbi=y

 

HB 687 by Rep. Robby Carter

Provides relative to automobile medical payment coverage 

The proposed law requires a healthcare provider or provider of healthcare services to seek written consent from an insured before distributing reimbursements

CCS Position: OPPOSE

Status: Voluntarily deferred in House Committee on Insurance; rescheduled for 5/13, but not heard

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB687&sbi=y

 

HB 692 by Rep. Seabaugh

Provides relative to the prohibition of recovery from collateral sources 

The proposed law provides for reduced damages for amounts paid or payable from collateral sources including national and state-funded benefits, Worker's Compensation payments, and negotiated reductions and write-offs.  

CCS Position: MONITOR

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB692&sbi=y

 

HB 730 by Rep. Wilford Carter

Provides for increasing the jury trial threshold 

The proposed law increases the jury trial threshold from $50,000 to $100,000. 

CCS Position: OPPOSE

Status: Referred to the House Committee on Civil Law and Procedure

Click below to view full information on the bill:

 

HB 745 by Rep. Debbie Villio, R-Kenner

Provides for limited liability for medical services rendered during a state of emergency 

Limits the liability of medical personnel who render care during a state of public health emergency declared by the governor in accordance with the La. Health Emergency Powers Act. 

CCS Position: SUPPORT

Status: Voluntarily deferred in House Committee on Civil Law and Procedure – 5/18

 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB745&sbi=y

 

HB 778 by Rep. Villio

Provides for the limitation of liability during a declaration of a state of public health emergency 

Provides for limitation of liability to healthcare providers and private entities operating at the request of the state during a state of public health emergency declared only as provided by law. 

CCS Position: SUPPORT

Status: Voluntarily deferred in House Committee on Civil Law and Procedure – 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB778&sbi=y

 

HB 787 by Rep. Stefanski

Provides relative to transportation network companies 

The proposed law provides for exceptions to liability applicable to transportation network companies. Exceptions include if there is no negligence or criminal wrongdoing on behalf of the company; if the company fulfilled all of its obligations relative to the transportation network of companies; or if the company is not the owner or custodian of the motor vehicle that caused harm. 

CCS Position: SUPPORT

Status: Reported favorably as amended from House Committee on Transportation; Awaiting hearing on House floor

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB787&sbi=y

 

HB 790 by Rep. Davis

Provides relative to the payment of certain expenses 

The proposed law requires testifying healthcare providers to submit evidence of amounts received in payment of services rendered or testimony provided, requires a claimant to submit invoices for medical expenses to an adverse party for payment at the adverse party's discretion, and requires the use of a reversionary medical trust for the payment of future medical expenses in excess of $50,000. 

CCS Position: SUPPORT

Status: Removed from hearing in House Committee on Civil Law and Procedure – 5/18

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB790&sbi=y

 

HB 805 by Rep. Pressly

Provides for the suspension of prescription 

The proposed law suspends prescriptive and peremptive periods accruing from March 17, 2020 through April 13, 2020. 

CCS Position: SUPPORT

Status: Reported favorably from House Committee on Civil Law and Procedure; Passed House floor with amendment by vote of 98-0; Referred to Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB805&sbi=y

 

HB 820 by Rep. Joe Marino, I-Gretna

Provides for the emergency suspension of time limitations in certain civil proceedings 

The proposed law provides that the Louisiana Supreme Court may suspend the running of prescriptive, peremptive, and abandonment periods period up to 90 days if a state of emergency is declared by the governor. Proposed law also provides for continuing suspensions if the governor issues further executive orders after the 90 days have run. 

CCS Position: SUPPORT

Status: Reported favorably with amendments from House Committee on Civil Law and Procedure; Awaiting hearing on House floor

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB820&sbi=y

 

HB 826 by Rep. Thomas Pressly, R-Shreveport

Provides relative to the limitations of liability due to the COVID-19 public health emergency 

The proposed statute provides limited liability for healthcare providers, certain real estate owners, and certain private persons, firms, or corporations during the COVID-19 public health emergency. 

CCS Position: SUPPORT

Status: Reported favorably as amended from House Committee on Civil Law and; Passed over on House floor – 5/22

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB826&sbi=y

 

HB 851 by Rep. Mark Wright, R-Covington

Provides for the use of federal funds for workforce training

Allows use of federal funds in the Workforce Training Rapid Repose Fund received through the Coronavirus Aid, Relief and Economic Security Act.

CCS Position: MONITOR

Status: Voluntarily deferred in House Committee on Appropriations 5/5

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB851&sbi=y

 

HB 856 by Rep. Rick Edmonds, R-Baton Rouge 

Provides relative to limitations of liability in response to the COVID-19 state of emergency 

The proposed law provides a limitation of liability to certain individuals and businesses that provide food and medical supplies and related equipment in response to the COVID- 19 public health emergency. 

CCS Position: SUPPORT

Status: Referred to House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB856&sbi=y

 

HB 858 by Rep. Royce Duplessis, D-New Orleans

Provides relative to business interruption claims due to the coronavirus disease 2019 pandemic

Provides for the recovery of losses from insurers providing business interruption coverage for businesses that suffered losses due to interruption as a result of the coronavirus disease 2019 pandemic. 

CCS Position: MONITOR

Status: Voluntarily deferred in House Committee on Insurance 5/6

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB858&sbi=y

 

HB 861 by Rep. Tim Kerner, R-Lafitte

Appropriates money to the Governor’s Office of Homeland Security and Emergency Preparedness

Provides for the appropriation of $705 million in the current fiscal year and $701 million next fiscal year to GOHSEP, effective on July 1, 2020. 

CCS Position: MONITOR

Status: Referred to House Committee on Appropriations

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB861&sbi=y

 

HB 862 by Rep. Ray Garofalo, R-Chalmette

Provides for the COVID-19 Business Recovery and Growth Program

Authorizes the Louisiana Economic Development Corporation for the provision of funds for qualified applicants affected by the pandemic to receive emergency assistance and authorizes the corporation to oversee funding from the CARES Act. 

CCS Position: MONITOR

Status: Voluntarily deferred in House Committee on Commerce 5/4; removed from agenda 5/11

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB862&sbi=y

 

HCR 23 by Rep. Ted James, D-Baton Rouge  

Suspends laws regarding legal deadlines, including prescription and preemption 

The proposed concurrent resolution suspends provisions of law which establish deadlines in legal proceedings, including all prescriptive and peremptive periods in all courts, administrative agencies, and boards in any manner pertaining to the initiation, continuation, prosecution, defense, appeal, and post- conviction relief of any prosecution of any state or municipal criminal, juvenile, wildlife, or traffic matter within the state for a specified period of time. 

CCS Position: SUPPORT

Status: Referred to House Committee on Civil Law and Procedure

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HCR23&sbi=y

 

HCR 25 by Rep. Greg Miller, R-Norco

Provides for the suspension of all civil prescriptive, peremptive, filing, and other deadlines in response to the COVID-19 Public Health Emergency declared by the governor  

The proposed concurrent resolution suspends the provisions of all laws which apply to all legal deadlines, including liberative prescription, peremptive periods, and filing deadlines applicable to legal proceedings in all courts, administrative agencies, and boards. 

CCS Position: SUPPORT

Status: Reported favorably as amended from House Committee on Civil Law and Procedure; Passed from House floor by vote of 97-0; Referred to Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HCR25&sbi=y

 

HCR 32 by Rep. DeVillier

Urges and requests certain officials and local governments to dismiss coastal lawsuits 

The proposed concurrent resolution urges and requests the local officials in Cameron Parish, Jefferson Parish, Plaquemines Parish, St. Bernard Parish, St. John the Baptist Parish, Vermilion Parish, and the city of New Orleans to dismiss the coastal zone lawsuits, pursuant to La. Civil Code Procedure Art. 1671. 

CCS Position: SUPPORT

Status: Referred to House Committee on Natural Resources

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HCR32&sbi=y

 

HCR 40 by Rep. Wright

Directs the Louisiana Department of Revenue to develop data on the projected impact the COVID-19 pandemic will have on Louisiana business revenue in 2020 and on net operating loss carry forward tax deductions for future tax filings

Directs the Louisiana Department of Revenue to develop and make public data on the projected impact the COVID-19 pandemic will have on Louisiana business revenue in 2020 and on net operating loss carry forward tax deductions for future tax filings.

CCS Position: MONITOR

Status: Voluntarily deferred in House Committee on Ways and Means 5/4; rescheduled for 5/11 and voluntarily deferred again

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HCR40&sbi=y

 

HCR 86 by Rep. Bagley

Urges and requests the Department of Transportation and Development to prohibit attorneys from the use of billboard advertisements on highways that are unrelated to a campaign for public office.

CCS Position: 

Status: Removed from hearing in House Committee on Transportation – 5/18

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HCR86&sbi=y

 

SENATE

SB 12 by Sen. Sharon Hewitt, R-Slidell

Provides relative to safety belts

The proposed law would 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 provisions prohibiting its admission to mitigate damages.

CCS Position: SUPPORT

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB12&sbi=y

 

SB 45 by Sen. Barrow Peacock, R-Bossier City

Provides for jury trial thresholds

The proposed law reduces the jury trial threshold from $50,000 to $15,000. Will be amended to reduce the jury trial threshold to $5,000.

CCS Position: SUPPORT

Status: Referred to Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB45&sbi=y

 

SB 57 by Sen. Patrick McMath, R-Covington

Removes award of attorney fees in proceedings relative to the remediation of oilfield sites and exploration and production sites.

Proposed law removes language authorizing the award of attorney fees and provides that attorney fees shall not be included as costs awarded in proceedings relative to the remediation of oilfield sites and exploration and production sites.

CCS Position: SUPPORT

Status: Referred to the Senate Committee on Judiciary A; Hearing scheduled for 5/12, but not heard

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB57&sbi=y

 

SB 86 by Sen. Pat Connick, R-Marrero

Provides for jury trial thresholds

The proposed law reduces the jury trial threshold from $50,000 to $20,000.

CCS Position: OPPOSE 

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB86&sbi=y

 

SB 88 by Sen. Hewitt

Provides for evaluations of attorney advertisements to be subject to the Public Records Law

The proposed law provides that documents consisting of the evaluation of attorney advertising by the Louisiana State Bar Association shall be considered a public record and subject to inspection pursuant to the Public Records Law. 

CCS Position: SUPPORT

Status: Voluntarily deferred in Senate Committee on Governmental Affairs 5/6

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB88&sbi=y

 

SB 94 by Sen. Bret Allain, R-Franklin

Provides for limitation of liability of a landowner of property used for recreational purposes and award of attorney fees and court costs under certain circumstances

The proposed law changes the definition of land to include water bottoms and provides that the court may award reasonable attorney fees and court costs to the owner in any civil action if the court finds that the owner is immune from suit. 

CCS Position: MONITOR

Status: Pending hearing in Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB94&sbi=y

 

SB 96 by Sen. Ward

Provides relative to certain prescriptive periods for tort actions

The proposed law repeals the one-year prescriptive period in current law and proposes a two-year prescriptive period for tort actions or when damage is caused to immovable property. 

CCS Position: OPPOSE

Status: Voluntarily deferred in the Senate Committee on Judiciary A 5/12

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB96&sbi=y

 

SB 97 by Sen. Peacock

Provides relative to certain limitations on recovery of medical claims

The proposed law provides for a limitation on recovery of medical or healthcare expenses to the amount actually paid or incurred by or on behalf of the claimant. 

CCS Position: SUPPORT

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB97&sbi=y

 

SB 115 by Sen. Connick

Provides relative to advertisements for legal services

The proposed law requires any advertisement for legal services that contains a reference to an award previously obtained by the advertising attorney shall, in the same advertisement, disclose a full accounting of all expenses associated with such awards. Such disclosures must be presented in the same font and half the font size within the advertisement. Proposed law also provides the Louisiana Supreme Court be responsible for implementation and enforcement. 

CCS Position: MONITOR

Status: Reported favorably as amended from the Senate Committee on Judiciary A; Passed by vote of 34-0 after adoption of floor amendments on Senate floor; Reported favorably as amended from House Committee on Judiciary; Awaiting House floor action 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB115&sbi=y

 

SB 194 by Sen. Hewitt

Requires judges to file personal financial disclosure forms as a public record 

The proposed law requires all elected judges and justices of the peace to file a financial statement by May 15th of each year during their terms of office, beginning in 2021, and the year following the expiration of the term with the judicial administrator for the Louisiana Supreme Court. 

CCS Position: SUPPORT 

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB194&sbi=y

 

SB 241 by Sen. Connick

Extends prescriptive period for tort actions from one to two years, but except medical malpractice. 

The proposed law provides that tort actions are subject to a liberative prescription of two years instead of one-year. 

CCS Position: OPPOSE

Status: Voluntarily deferred in the Senate Committee on Judiciary A 5/12

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB241&sbi=y

 

SB 242 by Sen. Connick

Provides for Litigation Reduction Act 

The proposed law cites itself as the Litigation Reduction Act, which increases the general one-year prescriptive period for tort actions to a two-year prescriptive period, and reduces the jury trial threshold from $50,000 to $20,000.

CCS Position: OPPOSE

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB242&sbi=y

 

SB 247 by Sen. Connick

Prohibits certain collateral source benefits from being claimed as set-offs of damages for civil liability purposes 

The proposed law codifies the current judicial rule on collateral source.

CCS Position: OPPOSE

Status: Scheduled for a hearing 5/12/20 in the Senate Committee on Judiciary A, but not heard

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB247&sbi=y

 

SB 266 by Sen. Talbot

Provides relative to medical expenses paid by a collateral source.

Proposed law is the collateral source portion of the Omnibus Premium Reduction Act introduced by the author in 2019. It provides that reductions in medical bills based upon the write-offs or write-downs by insurance companies or Medicare are not collateral sources and are not recoverable as damages in civil litigation.

CCS Position: SUPPORT

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB266&sbi=y

 

SB 276 by Sen. Katrina Jackson, D-Monroe

(Constitutional Amendment) Provides relative to removing the mandatory retirement age for judges and to prohibit a mandatory retirement age for public office holders and public employment. 

The proposed amendment repeals the mandatory retirement age of judges and further provides that no person shall be denied the right to hold public office or public employment based solely on age.

CCS Position: OPPOSE

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB276&sbi=y

 

SB 315 by Sen. Robert Mills

Provides relative to liability to third parties of members and managers. 

The proposed law provides that no action shall be brought against any business organization in an effort to make that organization responsible for the obligations or liabilities of another business organization, unless the organization agreed to be contractually liable.

CCS Position: OPPOSE

Status: Removed from hearing in Senate Committee on Judiciary A 5/5

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB315&sbi=y

 

SB 338 by Sen. Ward

Provides relative to admissibility of certain evidence regarding failure to wear a safety belt. 

The proposed law would allow consideration of evidence of failure to wear a safety belt, but may only be considered out of the presence of the jury.

CCS Position: SUPPORT

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB338&sbi=y

 

SB 346 by Sen. Peacock

Provides for the regulation of legal advertising in the field of medical alerts.  

The proposed law prohibits unfair and deceptive acts or practices relative to the advertisement and solicitation for legal services. It provides for requirements and disclosures in an advertisement relating to medical alerts for the purpose of soliciting legal services 

CCS Position: SUPPORT

Status: Referred to the Senate Committee on Commerce

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB346&sbi=y

 

SB 359 by Sen. Bob Hensgens, R-Abbeville (29 additional co-authors) 

Provides for the enforcement of coastal use permits 

The proposed law authorizes the secretary of the Department of Natural Resources, or the attorney general, to bring such actions necessary to ensure no violation of permit uses of state concern and no violation of permit uses of local concern are made in the coastal zone. It further provides that authority of a district attorney or local government to bring a legal action shall be limited to uses of local concern within their jurisdiction. Technical amendments were added in May 7, 2020 in the Senate Committee on Natural Resources.

CCS Position: SUPPORT

Status: Reported favorably as amended 5/7 following a 4-3 vote by the Senate Committee on Natural Resources; Returned to calendar on 5/20 – subject to call

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB359&sbi=y

 

SB 377 by Sen. Eddie Lambert, R-Gonzales 

Provides relative to prescription. 

On recommendation of the Louisiana State Law Institute, proposed law makes nonsubstantive changes to employ terminology that is consistent with language used throughout the Civil Code. 

CCS Position: MONITOR

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB377&sbi=y

 

SB 395 by Sen. Heather Cloud, R-Turkey Creek

Provides relative to false, misleading, or deceptive advertising. 

Proposed law provides that no person in any advertisement shall make, or permit to be made, a false, misleading, or deceptive statement about a monetary result. Any violation shall subject the violator to any and all actions and penalties pursuant to the Unfair Trade Practices and Consumer Protection Law. 

CCS Position: SUPPORT 

Status: Passed Senate Committee on Commerce; Passed on Senate floor by vote of 28-6 on 5/14; Reported favorably as amended from House Committee on Commerce; Awaiting hearing on House floor

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB395&sbi=y

 

SB 408 by Sen. Talbot

Provides relative to medical expenses paid in workers' compensation claims.

Proposed law provides relative to medical expenses paid by the specific collateral source in workers’ compensation claims.

CCS Position: SUPPORT

Status: Referred to the Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB408&sbi=y

 

SB 418 by Sen. Kirk Talbot, R-River Ridge

Enacts the Omnibus Premium Reduction Act of 2020

Proposed law lowers Louisiana’s jury trial threshold from $50,000 to $5,000, eliminates judicial collateral source rule, removes direction action against an insurer, eliminates the seatbelt gag rule, extends the prescription period for delictual actions from one year to two years for motor vehicle accidents, and requires a mandatory ten percent rate reduction for personal auto insurance. 

CCS Position: SUPPORT

Status: Reported favorably as amended from Senate Committee on Judiciary A; Passed Senate by a vote of 29-8 after adoption of 4 floor amendments; Referred to House Committee on Civil Law

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB418&sbi=y

 

SB 419 by Sen. Robert Mills

Provides relative to $500,000 limitation on general damages

The proposed law creates a $500,000 limitation for general damages in civil suits.

CCS Position: MONITOR

Status: Voluntarily deferred in the Senate Committee on Judiciary A 5/12

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB419&sbi=y

 

SB 429 by Sen. Ronnie Johns, R-Lake Charles

Requires certain disclosures by healthcare providers

The proposed law provides that an advertisement for healthcare services that names a healthcare provider shall identify the type of license held by the healthcare provider and be free from deceptive or misleading information. 

CCS Position: SUPPORT

Status: Referred to Senate Committee on Health and Welfare 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB429&sbi=y

 

SB 435 by Sen. Mark Abraham, R-Lake Charles and Sen. Foil, R-Baton Rouge  

Provides relative to certain immunity from civil liability during state of emergencies.   

The proposed law refines language in the La. Homeland Security and Emergency Assistance and Disaster Act relative to certain immunity from civil liability for actions taken under the Act by the state, political subdivision, other state agencies or employees or representatives of any of them 

CCS Position: MONITOR

Status: Reported favorably as amended from the Senate Committee on Judiciary A; Considered on Senate floor and passed by vote of 34-0 on 5/14; Reported favorably from House Committee on Civil Law and Procedure; Awaiting hearing on House floor

Click below to view full information on the bill:

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1167967

 

SB 439 by Sen. Abraham 

Limits liability of a nonprofit organization or employee for the disclosure of certain information.  

The proposed law provides that a nonprofit organization or employee thereof shall not be held liable for disclosing in good faith to a prospective employer information about a former employee of the organization when such information is reasonably believed to be accurate regarding the engaging by that person in acts of sexual misconduct.

CCS Position: MONITOR

Status: Passed Senate Committee on Judiciary A 5/7; Considered on Senate floor and passed by vote of 34-0 on 5/14; Reported favorably from House Committee on Civil Law and Procedure; Awaiting hearing on House floor

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB439&sbi=y

 

SB 440 by Sen. Mike Fesi, R-Houma (29 additional co-authors) 

Provides for enforcement of the Coastal Zone Management Program.

The proposed law amends portions of the Coastal Zone Management Program to provide for enforcement and distribution of monies in the separate cases of state and local concern.  

CCS Position: SUPPORT

Status: Reported favorably as amended from Senate Committee on Natural Resources 5/15; Passed Senate floor by vote of 20-15 after adoption of 2 amendments; Referred to House Committee on Natural Resources

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB359&sbi=y

 

SB 445 by Sen. Barrow Peacock, R-Shreveport

Provides relative to limitation of civil liability for medical personnel and healthcare providers during public health emergency. 

The proposed law amends the Louisiana Health Emergency Powers Act, which limits civil liability for medical personnel and healthcare providers during public health emergency, to include times “during a declared state of emergency.” 

CCS Position: SUPPORT

Status: Referred to Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB445&sbi=y

 

SB 471 by Sen. Robert Mills, R-Minden

Provides for the Louisiana Timber Transportation and Safety Act

The proposed law provides exclusive remedy for damages against “qualified timber transportation operators” for actions in tort or injuries associated with a timber transportation vehicle. It provides that total general damages are limited to $500,000 exclusive of lost wages and medical costs. The bill also includes collateral source language. Timber operators must provide proof of insurance of at least $500,000 to qualify or if self-insured must provide proof of financial responsibility with certificates of deposit, irrevocable letters of credit, etc. The bill establishes a fund with a board with money from each qualified operator. 

CCS Position: 

Status: Passed as amended in Senate Committee on Agriculture; Considered on Senate floor on 5/14, but returned to calendar and is subject to call.

 

SB 489 by Sen. McMath

Provides relative to limitation of liability of governmental entities, which require its employees to work during a declared state of emergency. 

The proposed law provides that a governmental entity which, in good faith, requires an employee to work at the employee's workplace during a declared state of emergency which includes a stay at home order shall not be liable for any civil damages or injury as a result of any act or omission related to the worker being required to work, unless the damages or injury was caused by gross negligence or willful and wanton misconduct.  

CCS Position: MONITOR

Status: Reported favorably as amended from the Senate Committee on Judiciary A 5/13; Considered on Senate floor and passed by a vote of 33-0 after the adoption of floor amendments 5/14; 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=1168205

 

SB 490 by Sen. Eddie Lambert, R-Gonzales

Creates the State and Parish Coastal Zone Recovery Authority. 

The proposed law creates the State and Parish Coastal Zone Recovery Authority and its board of directors that is charged with implementing any settlement of the coastal zone lawsuits and approving the use of funds deposited from such settlement. This legislation was an effort to develop an implementation plan of the Freeport McMoRan settlement of its portion of the parish coastal zone lawsuits.

CCS Position: OPPOSE

Status: Involuntarily deferred on 4-3 vote in the Senate Committee on Natural Resources 5/15

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?i=238823

 

SB 491 by Sen. Hewitt

Limits liability of persons who provide relief or recovery equipment or services during a declared state emergency. 

The proposed law amends the limitation of liability for rendering disaster relief or recovery equipment or services during a declared state of emergency to include an entity making masks and homemade sanitizer. Proposed law further provides immunity during a declared state of emergency for an entity delivering disaster relief in coordination with the federal government, the state, or its political subdivisions, except in the event of gross negligence or willful misconduct. 

CCS Position: SUPPORT

Status: Passed Senate Committee on Judiciary A 5/7/20; Considered on Senate Floor and passed over 5/11; Passed Senate floor by vote of 28-6 after adoption of floor amendments 5/14; Referred to House Committee on Civil Law

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB491&sbi=y

 

SB 495 by Sen. Troy Carter, D-New Orleans

Creates the Business Compensation Fund

Creates a private fund to expedite certain property insurance claims, resolve disputes and provide coverage for losses sustained as a result of the COVID-19 pandemic. Provides for contributions to and disbursements from the fund; requires an insurer participating to contribute the greater of $50 million or 80 percent of aggregate policy limits for that insurer’s policies in force in the state during a gubernatorially declared pandemic emergency; and provides immunity from claims of bad faith brought by insureds seeking payments for claims for losses.

CCS Position: SUPPORT

Status: Removed from hearing in Senate Committee on Insurance 5/5

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB495&sbi=y

 

SB 508 by Sen. Patrick McMath, R-Covington

Limits liability for restaurants that provide food-to-go during a state declared emergency. 

The proposed law provides that a restaurant which, in good faith and regardless of compensation, provides food-to-go by drive-through during a declared state of emergency, when that state of emergency prohibits the congregation of persons within a restaurant, shall not be liable for any civil damages or injury, unless the damages or injury was caused by gross negligence or willful and wanton misconduct. 

CCS Position: SUPPORT

Status: Reported favorably as amended from Senate Committee on Judiciary A; Considered on Senate floor and passed by vote of 31-3 after adoption of floor amendments 5/14; Referred to House Committee on Civil Law 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB508&sbi=y

 

SB 511 by Sen. Morris 

Suspends certain legal requirements as a result of emergency health measures relative to the COVID-19 

The proposed law provides that during the public health emergency declared in Proclamation 25 JBE 2020, and any extension thereof, all deadlines in legal proceedings, including liberative prescriptive and peremptive periods in all courts, administrative agencies, and boards until the gubernatorial proclamation of the public health emergency expires 

CCS Position: SUPPORT

Status: Referred to Senate Committee on Judiciary A

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB511&sbi=y

 

SCR 7 by Sen. Sharon Hewitt, R-Slidell (25 additional co-authors)

To urge and request certain officials and local governments to dismiss coastal lawsuits. 

The proposed resolution urges and requests the local officials in Cameron Parish, Jefferson Parish, Plaquemines Parish, St. Bernard Parish, St. John the Baptist Parish, Vermilion Parish, and the city of New Orleans to dismiss the coastal zone lawsuits, pursuant to La. Code of Civil Procedure Art. 1671 concerning voluntary dismissal. 

CCS Position: SUPPORT

Status: Reported favorably as amended 5/7 following a 4-3 vote by the Senate Committee on Natural Resources; Passed Senate by vote of 21-15; Referred to House Committee on natural Resources

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?i=238540

 

SCR 57 by Sen. Sharon Hewitt, R-Slidell (25 additional co-authors)

This legislation requests the Louisiana Supreme court and the Louisiana State Bar Association should undertake the task of creating a lawyer advertisement review recognition program to identify all advertisements which have been reviewed by the Louisiana State Bar Association for compliance with the Louisiana Rules of Professional Conduct, and should further implement such a public database of the review recognition program.

CCS Position: SUPPORT

Status: Reported favorably as amended from Senate Committee on Judiciary A; Passed Senate by vote of 32-0; Referred to House Committee on Judiciary

Click below to view full information on the bill:

https://legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SCR57&sbi=y

 

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The trial lawyers’ “Real Reform Louisiana” effort to stop the Garofalo/Talbot legislation on auto insurance reform has resulted in the filing of several pieces of legislation.

 

HOUSE

 

HB 84 by Rep. Green

Provides relative to disclosure of automobile liability insurance coverage limits to a third-party claimant

The proposed law requires an automobile insurer to provide liability policy limits to a third-party claimant or his attorney within 30 days of receipt of a written request from the claimant. 

CCS Position: OPPOSE

Status: Voluntarily deferred in House Committee on Insurance 5/13

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB84&sbi=y

 

HB 85 by Rep. Green

Provides relative to insurance rate determination based on risks classified by the gender of an insured over the age of twenty-five. 

The proposed law would add risk classifications made on the basis of gender of an insured over the age of 25 to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.

CCS Position: MONITOR

Status: Removed from hearing in House Committee on Insurance 5/13

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB85&sbi=y

 

HB 86 by Rep. Green

Provides relative to insurance rate determinations based on risks classified due to the insured being a widow or widower

The proposed law would add risk classifications made on the basis of the status that the insured is a widow or widower to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.

CCS Position: MONITOR

Status: Removed from hearing in House Committee on Insurance 5/13

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB86&sbi=y

 

HB 87 by Rep. Green

Provides relative to insurance rate determination based on risk classifications due to the insured being deployed in the military in excess of six months 

The proposed law would add risk classifications made on the basis that the insured is deployed in the military for a period in excess of six months to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.  

CCS Position: MONITOR

Status: Removed from hearing in House Committee on Insurance 5/13

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB87&sbi=y

 

HB 153 by Rep. Green

Provides relative to rate determinations based on risks classified by the insured's credit information  

The proposed law would add risk classifications made on the basis of a person’s credit score or rating to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.

CCS Position: OPPOSE

Status: Removed from hearing in House Committee on Insurance 5/13

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB153&sbi=y

 

HB 224 by Rep. Bagley

Provides relative to insurance rate determinations based on risks classified by the insured’s credit score or ranking

The proposed law would add risk classifications made on the basis of the insured’s credit score or ranking to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.

CCS Position: OPPOSE

Status: Referred to the House Committee on Insurance

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB224&sbi=y

 

HB 225 by Rep. Bagley

Provides relative to insurance rate determinations based on risks classified by the gender or age of an insured 

The proposed law would add risk classifications made on the basis of the gender or age of the insured to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.

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/BillInfo.aspx?s=20RS&b=HB225&sbi=y

 

HB 340 by Rep. Mandie Landry, D-New Orleans

Provides relative to the liberative prescription of actions on loans for payment of certain costs of postsecondary education 

The proposed law enacts a five-year liberative prescriptive period for actions on postsecondary education loans. 

CCS Position: OPPOSE 

Status: Removed from hearing in House Committee on Civil Law and Procedure 5/14

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=HB340&sbi=y

 

SENATE

 

SB 13 by Sen. Jay Luneau, D-Alexandria

Prohibits insurance rate determinations based on risks classified by the gender of an insured over the age of 25

The proposed law would add risk classifications made on the basis of gender of an insured over the age of 25 to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.  

CCS Position: MONITOR

Status: Involuntarily deferred in Senate Committee on Insurance 5/6

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB13&sbi=y

 

SB 14 by Sen. Luneau

Prohibits insurance rate determinations based on risks classified by the insured’s credit score/rating

The proposed law would add risk classifications made on the basis of a person’s credit score or rating to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.  

CCS Position: OPPOSE

Status: Involuntarily deferred in Senate Committee on Insurance 5/6

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB14&sbi=y

 

SB 15 by Sen. Luneau

Prohibits insurance rate determinations based on risks classified due to the fact that the insured is a widow or widower

The proposed law would add risk classifications made on the basis of the status that the insured is a widow or widower to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.  

CCS Position: MONITOR

Status: Involuntarily deferred in Senate Committee on Insurance 5/6

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB15&sbi=y

 

SB 16 by Sen. Luneau

Prohibits insurance rate determinations based on risks classified due to the fact that the insured is deployed in the military in excess of six months

The proposed law would add risk classifications made on the basis that the insured is deployed in the military for a period in excess of six months to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.  

CCS Position: MONITOR

Status: Passed Senate Committee on Insurance 5/7; Considered on Senate floor and passed by vote of 36-0 after the adoption of floor amendments 5/13; Reported favorably from House Committee on Insurance; Awaiting hearing on House floor

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB16&sbi=y

 

SB 101 by Sen. Fields

Provides a person's credit score should not be used to determine their insurance rate.

The proposed law would add risk classifications made on the basis of a person’s credit score or rating to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.

CCS Position: OPPOSE

Status: Voluntarily deferred by author in Senate Committee on Insurance 5/13

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB101&sbi=y

 

SB 156 by Sen. Luneau

Prohibits insurance contracts from depriving courts of this state of the jurisdiction or venue of action against insurer. 

The proposed law provides that no insurance contract made in the state of Louisiana shall contain any condition, stipulation or agreement depriving the courts of this state of venue or jurisdiction of action against the insurer. 

CCS Position: OPPOSE

Status: Reported favorably from Senate Committee on Insurance 5/14; Passed Senate by vote of 35-0 after adoption of 1 amendment; Referred to House Committee on Insurance

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB156&sbi=y

 

SB 219 by Sen. Regina Barrow, D-Baker

Provides relative to insurance rate determinations based on risks classified by the gender of an insured 

The proposed law would add risk classifications made on the basis of the gender of the insured to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.

CCS Position: MONITOR

Status: Voluntarily deferred in Senate Committee on Insurance 5/13

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB219&sbi=y

 

SB 299 by Sen. Jackson

Prohibits insurers from using certain criteria for rate setting. 

The proposed law would add risk classifications made on the basis of credit score, job type, or status as a widow or widower, of the insured to the requirement that the insurance rates not be inadequate or unfairly discriminatory in a competitive market.

CCS Position: OPPOSE

Status: Reported favorably as amended from Senate Committee on Insurance 5/14; Failed to Pass Senate by vote of 14-21; Returned to Calendar 5/22 – subject to call

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=20RS&b=SB299&sbi=y

 

 

Louisiana Legislative Session

The 2020 Regular Session of the Louisiana Legislature begins on March 9 and adjourns June 1. A full report of legislation of interest to the Louisiana Coalition For Common Sense can be found here.

SB 395 by Sen. Cloud is scheduled to be heard on the House floor today. This legislation will increase transparency in legal advertising by requiring advertisers to disclose how much of the judgments and settlements actually go to the plaintiff, after attorney fees and court costs are considered. Many legal advertisements in the state promise “jackpot justice,” but plaintiffs only get a small portion of the amount advertised; this bill seeks to prohibit false promises of big payouts that encourage people to file lawsuits against businesses.

SB 418 by Sen. Talbot, the Omnibus Premium Reduction Act of 2020 will be heard tomorrow on the House floor. The bill will:

  • Lower Louisiana’s jury trial threshold from $50,000 to $5,000
  • Reform the collateral source rule 
  • Repeal the direct action statute
  • Extend the prescriptions for tort actions from 1 year to 2 years for motor vehicle accidents
  • Eliminate the seat belt gag order
  • Require a mandatory 10 percent rate reduction for personal auto insurance

Please call or email House members and ask them to SUPPORT these two great pieces of legislation.


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