| 2022 Legislation |
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| Written by Administrator | |
| Tuesday, 18 March 2008 16:59 | |
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2022 Regular Legislative Session Review Louisiana Coalition for Common Sense SESSION ENDS…The legislative session adjourned sine die Monday, June 6 before the 6 PM deadline. In a surprising turn of events, the governor did not use much ink from his veto pen. The only changes to the proposed budget plan were to reinstate his pay raises for K-12 teachers and support workers, which lawmakers had decreased. Republicans sent the budget to the governor with enough time to require him to exact vetoes during the session. Gov. John Bel Edwards left the $105 million in local “pet projects” alone, and the Legislature does not appear to have much appetite to attempt to override the few vetoes he made. Had he vetoed the earmarks for projects, the money would have to be reallocated next year; it could not be used elsewhere in the current budget. The Legislature spent the state’s short-term budget excess on debt payments, road and bridge work and other one-time projects, rather than on recurring government operations. State general fund dollars will be reduced in 2025, when the temporary 0.45 cent state sales tax enacted in 2018 to balance the budget will expire. According to the Public Affairs Research Council of Louisiana, a portion of taxes charged on sales of new cars and trucks will shift from the general fund to a transportation fund for spending solely on road and bridge work. After both changes hit, the state general fund that pays for education, health services, public safety programs and other government operations is forecast to drop below $10.7 billion in the 2025-26 budget year—$423 million less than this year. Legislative efforts to pay down state debts and a decision to spend some recurring money on short-term projects rather than ongoing programs will help put Louisiana on a better fiscal footing to address the coming revenue drop. But most of the coming fiscal cliff will have to be addressed next year. SESSION ISSUES…Many of the high-profile bills did not pass through the process. There was legislation that would have eliminated the need for a permit to carry a concealed weapon; after the shooting in Uvalde, Texas, the language was converted to allow school teachers and administrators to carry weapons. The bill did not pass out of the Senate. In anticipation of the U.S. Supreme Court’s overturning the Roe v. Wade decision, abortion rights were a big topic of discussion. The bill that passed provides no exception for victims of rape or incest, but adds penalties on providers to the state’s “trigger law” passed in 2006 intended to outlaw abortion if the decision were overturned. Gov. John Bel Edwards said he is studying the bill, but, as current law does provide those exceptions, a veto would not change that. The Legislature also passed a bill to ban mail-order abortion drugs.; penalties would be applied to the companies that ship the drugs, not to the women who order them, and does not outlaw emergency contraceptives. Gov. Edwards also said he will not veto the “transgender athlete” bill, which would keep transgender women and girls from competing on college and K-12 female athletic teams. He vetoed a similar bill last year, and a veto override attempt was two votes short of passing the House. The Legislature failed to pass a bill allowing the body to end public health emergency declarations but passed a measure holding government entities and educational institutions liable for civil damages for denying entry to people based on COVID-19 vaccination status. That bill, which went through several iterations, could be vetoed, and was the only of some 50 anti-vaccination bills that passed the process. The Legislature attempted to repeal a 2017 law that moved 17-year-old non-violent offenders out of the adult prison system and into the juvenile system. Proponents say there has been an increase in violent crime in the juvenile system; opponents say juveniles don’t belong in the adult population. The Senate bill did not make it out of the House. FIXING MAPS…Chief U.S. District Court Judge Shelly Dick, of Baton Rouge, ordered new congressional maps before continuing with the election of Louisiana’s six members to the U.S. Congress. This issue dominated legislators’ attention for the end of session Monday. Gov. Edwards has called the Legislature back into session June 15-20 to fix the maps. Edwards vetoed the bill last February that drew the districts to keep five of the six districts Republican. The state’s population is nearly 32 percent Black, but only one of the six districts is represented by a Black congressman. The GOP-majority Legislature grouped White and Black voters in some districts and isolated voters by race in other districts in a way that delivered overwhelming majorities for one race or the other. Republican majorities in the Legislature in March moved past the governor’s veto and enacted into law the maps that favored their candidates. The federal lawsuit alleges that the maps drawn by a GOP-dominated Legislature precludes minority voters from the possibility of electing a candidate of their choice. However, the 5th U.S. Circuit Court of Appeals' ruling last week scraps the need for the session. It is unclear whether the Constitution allows the governor to withdraw his call or if the Legislature would have to convene and adjourn immediately afterward. The 5th Circuit's decision doesn't rule on the merits of the case in which civil rights groups have sued to overturn the map, arguing it violates the Voting Rights Act. Instead, the 5th Circuit put the brakes on the timing of Dick's ruling "pending further review of this court." BR REGION INFRASTRUCTURE…The Legislature made significant infrastructure investments during the session through use of state surplus and federal dollars, including a $300 million down payment for a new Mississippi River bridge crossing, along with up to $40 million in additional recurring dollars for the project. The region also will get $12.5 million for passenger rail service from Baton Rouge to Donaldsonville, a first step toward a route to New Orleans, along with the last of the $26 million needed to dredge and clean up the LSU lakes. INDUSTRY ISSUES…The Senate failed to pass a constitutional amendment allowing voters to put into the Constitution the governor’s changes to the local approval process for the Industrial Tax Exemption Program. On the other side, local collectors defeated a business-backed attempt to hold another statewide vote to centralize sales tax collections. The decentralization bill had the votes to pass the Legislature, but if it passed in its amended version, industry felt it would be compromised at the polls. The state’s unemployment trust fund, tapped out during the pandemic, has been stabilized with a $500 million appropriation, which avoids triggering higher taxes on businesses. EDUCATION…The Legislature introduced more than 170 bills on education this session, many dealing with funding. Spending on early childhood education increased by $84 million; $148 million goes toward a $1,500 pay raise for teachers and $750 for support workers; higher education got an increase of $159 million, the most substantial increase in history. This includes $31 million for faculty salaries, $15 million for needs-based aid, and a significant amount to cover other needs. On top of that, higher education also saw a major increase in capital outlay funding and deferred maintenance for campus building projects. A new concept called Education Savings Accounts was a topic - accounts that can be established for parents of public school students to use state dollars targeted for that student in the public schools to fund their education in another setting – private schools, special tutoring, and home schooling. A bill for universal ESAs was introduced, but shelved early on. Two school choice bills that apply to students in special circumstances did pass however, one for students with certain exceptionalities and another for young students struggling with reading. FIELDS SHAPING UP…With the announcement of Sen. Rick Ward, R-Port Allen, that he will be resigning his Senate District 17 seat, the field for candidates is filling up. Former state Sen. Rob Marionneaux, D-Livonia, is officially in the ring, and will be running on a plan to repeal the state income tax, completion of the Mississippi River Bridge, property and casualty insurance reforms and protecting Louisiana’s natural resources. Also running is West Baton Rouge Parish Councilman Caleb Kleinpeter. State Rep. Jeremy Lacombe, D-New Roads, is apparently being pressured locally to run; he is said to be “seriously considering” a run in the special election. Another fall special election will be held to replace former Sen. Karen Carter Peterson, D-New Orleans, who resigned her last term early. Being mentioned as contenders are state Reps. Royce Duplessis, Aimee Freeman and Mandie Landry, all New Orleans Democrats. Additionally, Rep. Mike Huval, R-Breaux Bridge, who chairs the House Committee on Insurance, is running for mayor. It he wins in the fall, that would trigger another special election. Also, Rep. Scott McKnight, R-Baton Rouge, has announced his candidacy for state treasurer. He is the first announced candidate for the spot. Incumbent Treasurer John Schroder has tentatively announced to supporters he is running for governor in 2023. Louisiana Coalition for Common Sense Legislation of Interest Following are bills of interest to LCCS from the 2022 Regular Legislative Session. Bills finally passed are indicated in red. Click the links for full bill information. HB 13 by Rep. Richard Nelson, R-Mandeville Provides for a prescriptive period for delictual actions for damages arising from the operation of a vehicle LCCS Position: OPPOSE This bill increases the prescriptive period for tort actions regarding damages sustained during the operation or control of a vehicle from one year to two years. Status: Vote failed to pass the House Committee on Civil Law and Procedure on April 5. HB 50 by Rep. Larry Frieman, R-Covington Provides relative to notice of signing of certain court orders LCCS Position: MONITOR The bill provides for the mailing procedures of the notice of the signing of an order of the court. Status: Voluntarily deferred March 21 by the House Committee on Civil Law and Procedure. HB 65 by Rep. Zee Zeringue, R-Houma Provides with respect to annual financial reports on district and local court funding and expenses LCCS Position: SUPPORT The proposed law requires every court by October 1 of each year to submit an annual financial report to the Louisiana Supreme Court. This budget document should be drafted to show itemized revenues and expenditures for district courts, courts of appeal, city courts, municipal courts and traffic courts. Status: Not scheduled in Senate committee. HB 91 by Rep. Nicholas Muscarello, R-Hammond Provides relative to testimony presented by audio-visual means LCCS Position: SUPPORT This proposed law authorizes the presentation of witness testimony by any audio-visual means if the witness is beyond the subpoena power of the court or when compelling circumstances are shown Status: Voluntarily deferred in the Senate Committee on Judiciary A. HB 109 by Rep. Kyle Green, D-Marrero Provides relative to prescription of delictual actions LCCS Position: OPPOSE This bill increases the one-year prescriptive period for delictual actions to a two-year prescriptive period. Status: Removed from the House Committee on Civil Law and Procedure agenda for April 5. HB 116 by Rep. Robby Carter, R-Amite Provides for the exclusion of advertising expenses in setting rates or making rate filings LCCS Position: OPPOSE This bill prohibits the use of advertising expenses by the insurer in setting rates or making rate filings with the commissioner of insurance Status: Voluntarily deferred in the House Committee on Insurance. Provides relative to certain judicial proceedings conducted by audio-visual means LCCS Position: SUPPORT The bill authorizes hearings and judge trials to be conducted by any audio-visual means. Status: Awaiting signature of the governor HB 130 by Rep. Beau Beaullieu, R-New Iberia Provides relative to motor vehicle crash reports LCCS Position: MONITOR This proposed legislation requires motor vehicle accident reports be made available to healthcare providers who provided healthcare services to the party that is a subject of the report. Status: Passed the House 100-0 on April 6 and was referred to the Senate Committee on Transportation. HB 142 by Rep. Laurie Schlegel, R-Metairie Provides for liability for publishers and distributors of material harmful to minors LCCS Position: OPPOSE This bill creates a private right of action against commercial entities who publish or distribute information harmful to minors on the internet without requiring reasonable age verification methods. Status: Awaiting signature of the governor HB 164 by Rep. Thomas Pressly, R-Shreveport Provides relative to electronic filing of documents LCCS Position: SUPPORT This bill provides for electronic filing acceptance at the time filing was received and that the equipment used to accept facsimile filings cannot be intentionally turned off or disconnected. Status: Act 115 HB 184 by Rep. Greg Miller, R-Norco Provides relative to the recusal of judges LCCS Position: MONITOR This bill was requested by the Louisiana State Law Institute and requires a district judge who is the subject of a motion to either recuse himself or request that the supreme court appoint an ad hoc judge to hear the motion, and this request must be done no later than seven days after the district judge's receipt of the motion. It also provides that if a motion to recuse a judge of a court of appeal fails to set forth a ground for recusal, the judge who is the subject of the motion may deny it without the appointment of another judge or hearing, but the judge shall give written reasons for the denial. Proposed law continues to allow a judge to recuse himself in any case which a ground for recusal exists but adds the comment that the fact that a judicial complaint has been filed against the judge by one of the parties does not constitute a ground for recusal. Status: Act 38 Provides relative to meetings of the Louisiana State Law Institute LCCS Position: MONITOR This bill, requested by the Louisiana State Law Institute, sets the procedures for meetings of the Louisiana State Law Institute Council, committees, and subcommittees Status: Awaiting signature of the governor Provides relative to stays in workers' compensation cases LCCS Position: MONITOR This proposed law provides that in the case of workers’ compensation stays, the judge shall order a stay of the proceeding on a claim and the stay shall remain in effect if both parties agree. Telephone status conferences shall be set at intervals at the direction of the workers' compensation judge if a motion to stay is granted. Status: Awaiting signature of the governor HB 247 by Rep. Tanner Magee, R-Houma Provides relative to the recusal of judges LCCS Position: MONITOR This bill, filed at the request of the Louisiana State Law Institute, provides additions to grounds for recusal and the procedures for implementation. It also makes technical changes with respect to recusal of judges and adds several comments to this portion of law. Status: Act 42 HB 264 by Rep. Alan Seabaugh, R-Shreveport Provides for the service of the original petition with the amended petition LCCS Position: SUPPORT This bill provides that an added defendant shall be served with the original and amended or supplemental petitions. Status: Awaiting signature of the governor HB 316 by Rep. Matthew Willard, D-New Orleans Provides for the transmission of certain documents and recordings from insurers to insureds in times of a gubernatorially declared disaster LCCS Position: MONITOR This proposed law provides that in the case of a gubernatorially declared disaster, an insurer shall provide the insured a copy of his insurance policy and a copy of the policyholder bill of rights upon initial adjustment of a property damage claim, other than an automobile insurance claim. Status: Failed to pass HB 342 by Rep. Valarie Hodges, R-Denham Springs Provides relative to discrimination by financial institutions LCCS Position: OPPOSE Prohibits financial institutions from denying financial services to a person based upon a person's political affiliation or any environmental, social, or governmental credit factors. Status: Voluntarily deferred in the House Committee on Commerce. Prohibits the use of certain rating factors in automobile insurance underwriting LCCS Position: MONITOR The bill prohibits risk classification based on a person's credit information, education level, employment, trade, business, occupation, or profession. Status: Failed in the House Committee on Insurance. Provides relative to the mandatory retirement age for judges LCCS Position: MONITOR This constitutional amendment increases the mandatory retirement age for judges from 70 to 72. Status: Involuntarily deferred in Senate committee Provides for judicial review of cases related to the Louisiana Insurance Code that involve the Department of Insurance LCCS Position: MONITOR The bill authorizes the Louisiana Department of Insurance to seek judicial review of adjudication decisions on matters arising under Title 22 of the Louisiana Revised Statutes of 1950 or other insurance laws of this state. Status: Referred to the House Committee on House and Governmental Affairs. Provides relative to emergency suspension of legal deadlines LCCS Position: MONITOR Provides relative to periods of prescription, peremption, and abandonment during declared emergencies or disasters. Status: Awaiting signature of the governor Appropriates funds for the expenses of the judiciary for Fiscal Year 2022-2023 LCCS Position: MONITOR This bill appropriates funds for the Louisiana Judiciary, including the supreme court, courts of appeal, district courts, Criminal Court of Orleans Parish, juvenile and family courts, and other courts. Status: Act 168 Prohibits discrimination by a financial institution based on certain factors LCCS Position: OPPOSE This bill prohibits financial institutions from denying financial services to a person based upon a person's political affiliation or any environmental, social, or governmental credit factors. Status: April 4 hearing in the House Committee on Commerce was canceled. Provides relative to the voting requirements needed to change the number of judges in a judicial district LCCS Position: MONITOR This constitutional amendment allows the legislature to change the number of judges in any judicial district and number of districts and judges in any appellate circuit and supreme court district by majority vote. Status: Voluntarily deferred April 28 by the House Committee on the Judiciary. HB 533 by Rep. Mack Cormier, D-Belle Chasse Provides relative to cases handled by the attorney general LCCS Position: MONITOR This bill provides that a district attorney shall be recused when he is arrested for any criminal offense, and that upon a request made to the office of the attorney general by an immediate family member, an assistant attorney general shall be the only substitute for a recused district attorney in certain cases. Status: Involuntarily deferred April 20 by the House Committee on the Judiciary. Provides liability for selling certain safety equipment in the state LCCS Position: MONITOR This bill provides that any person who sells, distributes, or delivers any safety equipment or tools within this state that does not meet or exceed the safety standards prescribed by the Occupational Safety and Health Administration, shall be liable for any damage or injury resulting from the use of such safety equipment or tools. Status: Removed from hearing by the House Committee on Civil Law and Procedure. Provides relative to the Judicial Council LCCS Position: MONITOR This proposed legislation requires the Judicial Council to conduct an annual review of judicial and appellate court judgeships. Status: Awaiting signature of the governor HB 666 by Rep. Mark Wright, R-Covington Provides relative to adjudications and judicial review of adjudications LCCS Position: MONITOR The bill requires state statutes or rules to be interpreted de novo in judicial review cases. Status: Referred to Senate Committee on Governmental Affairs HB 694 by Rep. John Stefanski, R-Crowley Provides relative to liability of transportation network companies LCCS Position: SUPPORT This bill exempts a transportation network company from liability under enumerated circumstances. Status: Removed from hearing in the House Committee on Civil Law and Procedure. HB 702 by Rep. Edmond Jordan, D-Baton Rouge Provides relative to liability for certain actions by peace officers LCCS Position: MONITOR This bill provides for liability for the deprivation of constitutional rights by peace officers. Status: Voluntarily deferred April 25 by the House Committee on Civil Law and Procedure Provides relative to additional medical examinations LCCS Position: MONITOR This bill provides for the procedure and orders for additional medical opinions regarding physical or mental conditions in controversy. Status: Failed to pass Provides relative to the student loan lenders LCCS Position: OPPOSE Creates a private educational lender registry and new cause of action. Status: Awaiting signature of the governor HB 842 by Rep. Wayne McMahen, R-Minden Provides relative to liability for veterinary professionals for the reporting of animal cruelty Provides for liability immunity for veterinary professionals who report animal cruelty, neglect, or other prohibited acts towards animals. LCCS Position: SUPPORT Status: Act 59 HB 843 by Rep. Gabe Firment, R-Pollock Provides relative to admissibility of evidence of liability of a commercial motor carrier This legislation provides that when a commercial motor carrier admits vicarious liability for the actions of the driver of a vehicle, evidence of alleged independent negligence of the commercial motor carrier is not admissible. LCCS Position: SUPPORT Status: Removed from hearing agenda April 5 in the House Committee on Civil Law and Procedure. Provides relative to medical malpractice claims Includes administration of a health care provider in the definition of malpractice. LCCS Position: SUPPORT Status: Involuntarily deferred in the Senate Committee on Health and Welfare. HB 896 by Rep. Jack McFarland, R-Jonesboro Provides for limitations on recoverable past medical expenses This legislation revises the collateral source provisions to include amounts payable by insurance, Medicare or Medicaid, and eliminates the exception for claims brought against the state. LCCS Position: SUPPORT Status: Awaiting signature of the governor HB 923 by Rep. Scott McKnight, R-Baton Rouge Provides relative to liability associated with Mardi Gras parades This legislation limits liability for damages caused by driving a motordrawn float or other vehicle. LCCS Position: SUPPORT Status: Awaiting signature of the governor HB 950 by Rep. Delisha Boyd, D-New Orleans Provides relative to mortgage companies This bill provides for liability of residential mortgage lenders for damages from the acts of persons engaged in certain activities on behalf of the lender. LCCS Position: OPPOSE Status: Became HB 1079; Awaiting signature of the governor Provides relative to the Louisiana State Law Institute This Louisiana Law Institute legislation provides relative to its governing body membership and meetings. LCCS Position: MONITOR Status: Voluntarily deferred in House Committee on Governmental Affairs Requests the supreme court to provide information relative to the current structure of the judiciary LCCS Position: MONITOR This resolution requests that the supreme court provide information concerning the caseload data and the number of judges of each appellate court and district court in Louisiana, the determination of the changes necessary to the existing structure of the judiciary, the most efficient use of judicial resources, and to report its findings and recommendations to the Louisiana Legislature no later than Feb. 1, 2023. Status: Voluntarily deferred April 28 by the House Committee on the Judiciary. SB 3 by Sen. Bret Allain, R-Franklin Provides for distribution of monies collected from enforcement actions of coastal use permits LCCS Position: MONITOR This bill changes the percentages of distribution of monies collected from enforcement actions of state concerns. In cases of local concerns, in the event no local mitigation bank exists, 100 percent of monies collected go to a restricted fund administered by the parish governing authority of the parish in which the adverse impact related to the use is located. Status: Act 282 SB 103 by Sen. Franklin Foil, R-Baton Rouge Provides relative to legal malpractice LCCS Position: MONITOR This bill provides an additional burden on the plaintiff in legal malpractice cases to prove by a preponderance of evidence: (1) that the representation by the attorney would have concluded in a collectable monetary award amount and (2) the value of that collectable award amount had the attorney not committed the alleged malpractice. Status: Act 285 SB 106 by Sen. Jay Luneau, D-Alexandria Provides relative to disciplinary proceedings by a professional or occupational board or commission. LCCS Position: MONITOR This bill provides relative to disciplinary proceedings by a professional or occupational board or commission and defines legal actions in such cases. Status: Awaiting signature of the governor SB 120 by Sen. Kirk Talbot, R-River Ridge Provides relative to the payment of certain expenses in personal injury claims LCCS Position: SUPPORT This bill provides that in a personal injury claim, a healthcare provider offering evidence on an injured party must submit into evidence the amount of any payment anticipated or received on behalf of the injured party and the total amount of payments received in the previous four years for the same actions. Status: Voluntarily deferred in the Senate Committee on Judiciary A. Provides for venue for direct actions by third parties against insurer LCCS Position: MONITOR This bill provides that action may be brought against the insurer within the terms and limits of the policy only when at least one of the items listed in present law applies. It also provides that the right of direct action may be brought against the insurer alone, or against both the insured and the insurer jointly and in solido, in the parish in which the accident or injury occurred or in the parish in which an action could be brought against either the insured or the insurer under the general rules of venue. Status: Referred to the Senate Committee on Insurance. SB 130 by Sen. Pat Connick, R-Marrero Provides for liberative prescription LCCS Position: OPPOSE This proposed law provides that delictual actions arising from damages resulting from motor vehicle accidents are subject to liberative prescription of two years from the day injury or damage is sustained. Status: Involuntarily deferred in House Committee on Civil Law Provides for delictual actions LCCS Position: OPPOSE This bill increases the general one-year prescriptive period to a two-year prescriptive period for delictual actions for injury or damages arising from the operation of any motor vehicle. Status: Voluntarily deferred in House Committee on Civil Law. Provides for deposition of claims adjusters who reside outside of Louisiana LCCS Position: SUPPORT This proposed law requires claims adjusters who reside in another state to return to the venue where the case is pending to provide pretrial deposition or testimony at trial. Status: Awaiting signature of the governor SB 232 by Sen. Jeremy Stine, R-Lake Charles Provides for a catastrophe claim process disclosure LCCS Position: SUPPORT This bill requires the commissioner of insurance to promulgate certain rules and regulations relative to a catastrophe claim process disclosure and delineates nine standards for disclosure. It specifies that provides that nothing in this law can be construed to provide any policyholder with a civil cause of action. Status: Voluntarily deferred May 4 by the Senate Committee on Insurance. Constitutional amendment to remove the requirement that the court of original jurisdiction to authorize the attorney general to institute prosecution and provides that authority to the legislature LCCS Position: MONITOR This amendment eliminates the requirement that the court of original jurisdiction authorize the attorney general to institute criminal prosecution and provides that the legislature may define "cause" for the attorney general to institute a prosecution. Status: Referred to the Senate Committee on Judiciary B. SB 288 by Sen. Sharon Hewitt, R-Slidell Constitutional Amendment to increase the composition of the Louisiana Supreme Court from six to eight associate justices LCCS Position: MONITOR This amendment provides that beginning January 1, 2024, the composition of the Louisiana Supreme Court will increase from six associate justices to eight, five of whom must concur to render judgment. It also mandates the legislature to set forth the specific method of transitioning to nine single-member districts. Status: Referred to the Senate Committee on Senate and Governmental Affairs. SB 305 by Sen. Franklin Foil, R-Baton Rouge Provides for the disclosure of certain information on websites and online services LCCS Position: OPPOSE This new cause of action creates the " Louisiana True Origin of Digital Goods Act.” Status: Act 267 SB 346 by Sen. Jimmy Harris, D-New Orleans Provides relative to public health emergencies LCCS Position: MONITOR This bill provides that immunity for healthcare providers during public health emergencies only applies to damages to patients (not property as in present law), and further requires that the healthcare provider prove by a preponderance of the evidence that the public health emergency was a substantial contributing factor in causing the alleged injury to a patient. Status: Voluntarily deferred by the Senate Committee on Judiciary A. SB 353 by Sen, Cleo Fields, D-Baton Rouge Provides relative to the judgeships of the second district of the First Circuit Court of Appeal LCCS Position: MONITOR This bill provides for elections in the second district of the First Circuit Court of Appeal, which includes only East Baton Rouge Parish. Status: Amended and returned to the Senate calendar on April 27. SB 372 by Sen. Rick Ward, R-Port Allen Provides relative to liability of transportation network companies LCCS Position: MONITOR This bill provides a transportation network company cannot be held liable for owning, operating, or maintaining the digital network accessed by a driver or rider, or for being the company affiliated with a driver, when harm to a person or property results from or arises out of the use, operation, or possession of a motor vehicle operating as a company vehicle. It also provides a list of parameters that must be met to apply the proposed law. Status: Referred to the Senate Committee on Transportation. SB 373 by Sen. Barrow Peacock, R-Shreveport Provides relative to juror compensation rates LCCS Position: MONITOR This bill removes the exception for special laws relative to juror compensation, and adds Orleans Parish to the statewide juror compensation provision. Status: Became SB 398; Awaiting signature of the governor Provides for the regulation of advertisements LCCS Position: OUR PACKAGE The proposed law prohibits deceptive or misleading advertisements, specifically those presented as a medical alert, health alert, drug alert, public service announcement. It prohibits use of logos of a federal or state government agency in a misleading manner and limits use of the term “recall.” It requires an advertisement that references an FDA approved prescription drug include the following statement or a substantially similar statement: "Consult your physician before making decisions regarding prescribed medication or medical treatment." It further requires an advertisement that references a prescription drug or medical device approved by the FDA to state the identity of the advertisement's sponsor and that the drug or medical device is FDA approved, unless the drug or medical device has been recalled in accordance with state or federal law. It protects from liability any media entity that may be responsible for the production and distribution of the advertisement. Status: Awaiting signature of the governor Provides relative to advertisements for legal services LCCS Position: OUR PACKAGE The proposed law sets forth the requirements and limitations for legal advertising consistent with the U.S. Fifth Circuit’s opinion in Public Citizen v. Louisiana Disciplinary Board 632 F. 3d 212 (2011). Status: Awaiting signature of the governor Provides relative to juror compensation rates The proposed bill increases juror compensation from $25.00 per day to $50.00 per day and provides allowances for mileage. LCCS Position: MONITOR Status: Awaiting signature of the governor Requires the office of risk management to provide for determination of insurance coverage upon request in claims against the state This legislation authorizes an agency, department or claimant to request written reasons for a denial of coverage by the Office of Risk Management and requires the written reasons to be provided within 30 days of the request. LCCS Position: MONITOR Status: Voluntarily deferred April 25 by the Senate Committee on Finance. Provides for the Insure Louisiana Incentive Program This legislation updates the Insure Louisiana Incentive Program to include the 2021 and 2022 hurricane seasons and provides for implementation. LCCS Position: MONITOR Status: Awaiting signature of the governor Creates the Litigation Financing Disclosure Act This legislation provides relative to third party litigation financing. LCCS Position: SUPPORT Status: Removed from hearing in the Senate Committee on Judiciary A. Provides relative to facsimile transmission of filings in civil actions This legislation provides relative to facsimile transmission of filings in civil actions and procedures used by the office of the clerk of court. LCCS Position: MONITOR Status: Removed from hearing in the Senate Committee on Judiciary A Provides relative to insurance waivers Requires an insurer provide an insured a waiver of liability form to not hold a collision shop liable when certain repairs and services are not completed by the collision shop LCCS Position: MONITOR Status: Referred to the Senate Committee on Insurance. VACCINE AND HEALTH RELATED LEGISLATION Provides with respect to autonomy in making personal health care decisions LCCS Position: MONITOR This constitutional amendment adds the right of Louisiana citizens to accept or reject any form of health care to the Constitution of Louisiana. Status: Failed to pass the House 38-54 on May 3. HB 54 by Rep. Larry Bagley, R-Stonewall Creates the crime of discrimination based on vaccination status LCCS Position: MONITOR This bill creates the crime of discrimination based on vaccination status and provides penalties. Status: Awaiting signature of the governor HB 117 by Rep. Michael Echols, R-Monroe Provides relative to prescribing, administering, and dispensing of drugs for off-label use LCCS Position: MONITOR This bill authorizes the prescription, administration, and dispensing of certain drugs for off-label use by healthcare professionals with prescriptive authority. Status: Failed to pass HB 177 by Rep. Kathy Edmonston, R-Gonzales Prohibits discrimination based on vaccination or immunity status LCCS Position: MONITOR This constitutional amendment prohibits arbitrary, capricious, or unreasonable discrimination based on a person's vaccination status or immunity status. Status: Voluntarily deferred in the House Committee on Civil Law and Procedure. Prohibits discriminatory practices on the basis of vaccination status or immunity status LCCS Position: MONITOR This bill prohibits discrimination on the grounds of a person's immunity status or vaccination status in all contexts in which discrimination is prohibited in present law. Status: Failed to pass HB 353 by Rep. Troy Romero, R-Jennings Provides for vaccine requirements in the workplace LCCS Position: MONITOR This bill provides that if an employer allows an employee to get regularly or periodically tested for COVID-19 in lieu of the employee adhering to an employer mandated COVID-19 vaccine requirement, then the employer must cover the testing. Status: Referred to the House Committee on Labor and Industrial Relations. Provides relative to a patient's rights to certain medical treatments LCCS Position: MONITOR This legislation would grant emergency privilege and access to a physician when any person with medical power of attorney requests the administration of certain medications and limits hospital liability. Status: Voluntarily deferred on April 12 in the House Committee on Health and Welfare. HB 594 by Rep. Beryl Amedee, R-Houma Provides for rights of individuals to bodily autonomy and to make healthcare decisions LCCS Position: MONITOR This proposed legislation provides for rights of individuals to bodily autonomy and to make healthcare decisions, prohibits the state and its political subdivisions from interfering with such rights, and authorizes enforcement actions to protect those rights. Status: Voluntarily deferred on April 12 by the House Committee on Health and Welfare. Provides for rights of individuals to bodily autonomy and to make healthcare decisions LCCS Position: MONITOR This constitutional amendment adds the right of Louisiana citizens to bodily autonomy to the Louisiana State Constitution. Status: Voluntarily deferred on April 12 by the House Committee on Health and Welfare. Provides relative to indemnified products LCCS Position: MONITOR This legislation provides relative to indemnified products recommended to consumers by an employer, government agency, private business, or educational institution. Status: Removed from agenda April 5 in the House Committee on Civil Law and Procedure. Provides for a cause of action for mandating, recommending, or administering certain products Provides for a civil remedy for harm caused to a person by the mandating, recommending, or administering of liability-free products. LCCS Position: OPPOSE Status: Failed to pass SB 1 by Sen. Patrick McMath, R-Covington Constitutional amendment to provide for freedom from discrimination relative to immunization status LCCS Position: MONITOR This proposed constitutional amendment adds immunization status as a protected class to those protected from discrimination. Status: Referred to the Senate Committee on Judiciary A. Prohibits discrimination relative to immunization status LCCS Position: MONITOR This bill prohibits arbitrary, capricious, or unreasonable discrimination in public areas, public accommodations, and public facilities based on immunization status. Status: Referred to the Senate Committee on Judiciary A. SB 92 by Sen. Stewart Cathey, R-Monroe Prohibits employers from discriminating against employees due to their medical history. LCCS Position: MONITOR This legislation forbids discrimination against qualified persons on the basis of protected medical information. Status: Voluntarily deferred in House Committee on Labor
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| Last Updated ( Monday, 13 June 2022 16:21 ) |