Coalition For Common Sense

CFCS
2020 Legislation PDF Print E-mail

A close up of a sign
Description automatically generated

 

UPDATE

March 23, 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. This session began March 9 and must adjourn by June 1 at 6:00 PM. LCCS will provide a weekly report on session activity.

 

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: Scheduled for a hearing in the House Committee on Civil Law and Procedure April 1, 2020

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: 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=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: 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=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: 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=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: 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=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: 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=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 March 12, 2020. Currently scheduled for second reading and Senate committee referral on March 31, 2020.

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: 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=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: 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=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: 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=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: Scheduled for hearing in the House Committee on Civil Law and Procedure March 31, 2020

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: 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=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: 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=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: 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=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: 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=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: 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=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: 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=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: 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=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: Referred to the House Committee on Commerce

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: 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=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: Scheduled for a hearing in the House Committee on Governmental Affairs March 31, 2020

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 for relative to motions for summary judgment 

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

CCS Position: MONITOR

Status: Scheduled for a hearing in the House Committee on Civil Law and Procedure March 31, 2020

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: 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=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: Scheduled for a hearing in the House Committee on Civil Law and Procedure March 31, 2020

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: 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=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: Scheduled for a hearing in the House Committee on Civil Law and Procedure March 31, 2020

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: 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=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: 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=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: 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=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

 

 

 

 

 

 

 

 

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 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=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

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: Referred to the 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=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: 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=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: 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=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: 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=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: 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=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: 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=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: 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=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. Hensgens (29 additional co-authors) 

Provides for the enforcement of coastal use permits 

The proposed law authorizes the secretary or the attorney general to bring such actions necessary to ensure no uses of state concern and no uses of local concern are made in the coastal zone. It further provides that authority of a district attorney or local government to bring an action shall be limited to uses of local concern within their jurisdiction. 

CCS Position: SUPPORT

Status: Referred to the Senate 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 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: 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=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. Talbot

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: 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=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: 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=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: Scheduled for second reading and referral by the Senate on March 31, 2020

Click below to view full information on the bill:

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

 

###

 

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: 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=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: 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=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: 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=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: 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=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: 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=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: 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=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: Referred to the Senate Committee on Insurance

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: Referred to the Senate Committee on Insurance

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: Referred to the Senate Committee on Insurance

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: Referred to the Senate Committee on Insurance

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: Referred to the Senate Committee on Insurance

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: Referred to the Senate 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: Referred to the Senate Committee on Insurance

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: Referred to the Senate Committee on Insurance

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.


 

Social Media


Get Involved

Subscribe here to receive legislative action alerts from the Louisiana Coalition for Common Sense:



You are here  : Home Legislation