2018 Legislation Print

The Louisiana Coalition for Common Sense supports legislation that will improve Louisiana's legal climate while opposing measures that seek to further burden the state's judicial system with frivolous lawsuits.

Following is a summary of legislation CCS followed through the most recent regular session of the Louisiana Legislature, which concluded May 18. Since then, the Legislature convened in two special sessions. Neither session had much legislation dealing with civil justice reform. 

 HB 5 by Rep. Pat Connick, R-New Orleans

Provides relative to the interruption of prescription

Current law provides that the filing of a suit interrupts prescription as long as the suit is pending. It also provides that interruption is considered never to have occurred if the plaintiff abandons, voluntarily dismisses the action at any time either before the defendant has made any appearance of record or thereafter, or fails to prosecute the suit at the trial. This legislation specifies that a settlement and subsequent dismissal of a defendant does not qualify as a voluntary dismissal. The provisions of proposed law are intended to codify the ruling of the court in Pierce v. Foster Wheeler Construction, Inc., 906 So. 2d 605 (La. App. 1st Cir. 2005).

CCS Position: Neutral 

Status: Enrolled

Click below to view full information on the bill:  http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB5&sbi=y

 

HB 6 by Rep. Connick

Provides relative to pretrial and scheduling conferences

Provides that the court shall set a suit for pretrial conference upon motion of any party when the suit has been pending for more than one year without a trial date being set.It further provides that the conference shall be conducted in chambers unless all the parties and the court agree to conduct it by telephone. Amended.

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB6&sbi=y

 

HB 92by Rep. Jerome Zeringue, R-Houma

Expands the type of property that may be forfeited and disposed of in a civilproceeding Expands the type of property that may be forfeited and disposed of in a civil proceeding, as provided by law, to include all property used or intended for use in the course of, derived from, or realized through a pattern of racketeering activity. 

CCS Position: Neutral 

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB92&sbi=y

 

HB 97by Rep. Raymond Crews, R-Bossier City

Authorizes a qui tam action for persons who disclose certain cases of fraud

Prohibits false or fraudulent claims for or in relation to obtaining state funds, state property, use of state property or other compensation from state government. Authorizes civil actions by the attorney general or by persons to recover amounts obtained in violation of proposed law, and protects whistleblowers against reprisals by persons violating provisions of law. 

CCS Position: Neutral after all CCS amendments were accepted by bill’s author

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB97&sbi=y

 

HB 123 by Rep. Ray Garofalo, R-Chalmette

Prohibits a public body or official from filing suit against a person who has made a public records request

In addition to present law, the bill prohibits a public body or official from filing suit against a person based on a public records request made by the person pursuant to the provisions of current law. 

CCS Position: Support

Status: Substituted by HB 723

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB123&sbi=y

 

HB 174by Rep. Garofalo

Provides for the continuous review of the Code of Civil Procedure

This is the Law Institute bill that provides for the continuous revision of the Code of Civil Procedure. Amended.

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB174&sbi=y

 

HB 203by Rep. Katrina Jackson, D-Monroe

Constitutional amendment to provide relative to the holding of public office and public employment as relates to the mandatory retirement age for judges

Prohibits the denial of the right to hold public office or public employment based on age; provides for the removal of the mandatory retirement at age 70 for all judges; and authorizes the Legislature to require judicial candidates of 70 years of age to submit to a review by the Judiciary Commission. 

CCS Position: Neutral

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB203&sbi=y

 

HB 209 by Rep. Garofalo

Provides disclosure procedures for asbestos and silica claims

Requires a plaintiff to provide to all parties in the action a sworn statement identifying all existing claims and certain details of the claims made by or on behalf of the plaintiff against any trust created pursuant to Title 11 of the United States Code within 30 days of commencing an action involving a claim for injury, disease, or death related to asbestos or silica or within 30 days of the effective date of proposed law.

CCS Position: Support

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB209&sbi=y 

 

HB 215 by Rep. Jackson

Provides relative to a hearing by the Judiciary Commission concerning certain judges

Requires the Judiciary Commission to conduct hearings on all judges 70 years of age or who will reach 70 years of age during their elected term. The hearings will ensure that each judge is capable of handling the duties and responsibilities of the position. 

CCS Position: Neutral

Status: Dead for session

Click below to view full information on the bill: http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB215&sbi=y

 

HB 276by Rep. Walt Leger, D-New Orleans

Establishes a right of publicity as relates to a property right of identity

This is the “Allen Toussaint Legacy Act” that creates a property right for purpose of protecting the identity of an individual from unauthorized commercial uses. 

CCS Position: Neutral

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB276&sbi=y

 

HB 288by Rep. Jackson

Provides relative to the computation of time periods for seeking rehearing, reconsideration, or judicial review or appeal of administrative decisions

Provides that legal holidays are excluded in the computation of a period of time allowed or prescribed to seek rehearing, reconsideration, or judicial review or appeal of a decision or order by an agency in the executive branch of state government. Amended.

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB288&sbi=y

 

HB 447by Rep. Jay Morris, R-Monroe

Re-creates the Department of Justice and provides relative to its structure 

Re-creates the Dept. of Justice and provides for a federalism division within the department. 

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB447&sbi=y

 

HB 493by Rep. Gary Carter, D-New Orleans

Provides relative to the Judicial Council of the Supreme Court of Louisiana 

Eliminates required content in recommendations by the Judicial Council of the Supreme Court of La. (the council) relative to laws creating or increasing court costs or fees and provides earlier deadlines for submission of laws to the council for its review and for notification of the council's recommendations to the legislature. Amended.

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB493&sbi=y

 

HB 586by Rep. Jimmy Harris, D-New Orleans

Amends the Medical Malpractice Act

Modifies the medical malpractice claims and provides for an alternative to the medical review panel for complaints filed against a healthcare provider or insurer.Increases cap on medical malpractice to $1,000,000.

CCS Position: Oppose

Status: Dead for session 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB586&sbi=y

 

HB 600by Rep. Cameron Henry, R-Metairie

Provides relative to recovery of medical or healthcare expenses

Prohibits the introduction of evidence of a negotiated modification of medical expenses when the reduction is due to the efforts of the injured party’s attorney.

CCS Position: Oppose Until Amended  

Status: Withdrawn (dead for session)

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB600&sbi=y

 

HB 700by Rep. Jack McFarland, R-Jonesboro

Provides relative to the admissibility of evidence of failure to wear a safety belt Authorizes the introduction of evidence of failure to wear a safety belt in order to establish comparative negligence or to mitigate damages. 

CCS Position: Support 

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB700&sbi=y

 

HB 720by Rep. Leger

Provides relative to liberative prescription 

Proposed law provides a 10-year prescriptive period for violations of present law, and provides that the prescriptive period commences to run at the time of each bad faith act. 

Proposed law provides that the provisions of proposed law shall be applied prospectively and retroactively. 

CCS Position: Opposed

Status: Dead for session 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB720&sbi=y

 

HB 723by Rep. Garofalo

Provides for the award of attorney fees to a person making a public records request when the person prevails or prevails in part in a suit instituted by a public body or official 

Provides for the award of attorney fees to a person making a public records request when the person prevails or prevails in part in a suit instituted by the custodian or agency of the custodian. 

CCS Position: Support 

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB723&sbi=y

 

HB 789 by Rep. Thibaut

Providesrelative to the collateral source rule

Limits recovery for medical expenses to the amount actually paid by the health insurance company or Medicare to the healthcare provider. 

CCS Position: Support

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB789&sbi=y

 

HB 792 by Rep. Greg Miller, R-Norco

Providesfor exemplary damages when injuries are caused by a driver operating a motor vehicle while using a wireless telecommunications device 

Authorizes an award of exemplary damages in actions where the injuries were caused by a defendant who was using a wireless telecommunications device while operating a motor vehicle. 

CCS Position: Neutral

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB792&sbi=y

 

HB 844 by Rep. Garofalo

Provides relative to the indemnification of clerks of court and their employees 

Provides indemnification of clerks of court, and their employees, by the state against any claim, demand, or suit when performing duties of their office in accordance with state law. 

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB844&sbi=y

 

SB 44by Sen. Conrad Appel, R-Metairie

Provides that certain provisions of the Code of Governmental Ethics are applicable to judges

Extends the financial disclosure and mandatory ethics training requirements to appointed and elected judges.

CCS Position: Support

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB44&sbi=y

 

SB 56by Sen. John Milkovich, D-Shreveport

Provides right of an oral argument in contradictory proceedings

Provides a party shall have the right to present oral argument, in addition to written briefs, at all contradictory hearing in civil cases. Further provides that oral argument may be waived only if all parties agree in writing to such waiver. It also provides that reasonable control over argument presented under proposed law may be exercised by the court. The obtaining of a judgement in violation of proposed law shall be mandatory grounds for setting aside the judgement and seeking a new hearing, by motion brought within 30 days after the clerk has mailed, or sheriff has served, the notice of judgement as required by law. Amended.

CCS Position: Oppose

Status: Passed the Senate and involuntarily deferred in House committee on civil law (dead for session)

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB56&sbi=y

 

SB 61by Sen. Danny Martiny, R-Metairie

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

Provides that the actual salary of judges (Supreme Court, courts of appeal and district courts, and the state-paid portion of city and parish court) shall be increased by 2.5 percent each year through 2022. 

CCS Position: Neutral

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB61&sbi=y

 

SB 91by Sen. Dan Claitor, R-Baton Rouge

Authorizes exemplary damages in civil actions for death from hazing

Provides that, in addition to general damages, exemplary damages may be awarded upon proof that the death of a person was caused by the wanton and reckless disregard for the rights and safety of the person through an act of hazing, regardless of whether the defendant was prosecuted for his acts.

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB91&sbi=y

 

SB 97by Sen. J.P. Morrell, D-New Orleans

Extends the prescriptive period for instituting certain claims

Changes the prescription period for civil suits on discrimination in employment from one to two years, and changes the filing time from 180 days to two years.

CCS Position: Oppose

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB97&sbi=y

 

SB 112by Sen. Gary Smith, D-Norco

Authorizes business entities to assert or defend certain claims on their own behalf 

Present law defines the "practice of law". Provides that nothing in present law shall prohibit any person from attending to or caring for his own business, claims, or demands. Further provides that any partnership, corporation, or other legal entity can assert or defend any claim, not exceeding $5,000, on its own behalf in the courts of limited jurisdiction or on its own behalf through a duly authorized partner, shareholder, officer, employee, or duly authorized agent, or representative. Amended.

CCS Position: Neutral

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB112&sbi=y

 

SB 138by Sen. Jay Luneau, D-Alexandria

Provides for out-of-state automobile insurance coverage

Present law applicable to vehicles registered in La. provides for limits of motor vehicle liability insurance policy coverage amounts. Amended.

CCS Position: Neutral

Status: Passed both houses, sent to conference committee in both houses

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB138&sbi=y

 

SB 139by Sen. Luneau 

Provides for the option of direct action

Provides the option of a right of direct action against the insurer alone when the insured is a small business employing fifty or fewer full-time employees

CCS Position: Oppose

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB139&sbi=y

 

SB 156by Sen. Troy Carter, D-New Orleans

Provides immunity from liability for persons providing gratuitous emergency care to a minor or domestic animal

Provides that there shall be no liability on the part of a person for property damage or trespass to a motor vehicle if the damage was caused while the person was rescuing a minor or an animal in distress. The bill does not affect a person’s liability for bodily injury suffered by the minor or animal during the rescue. 

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB156&sbi=y

 

SB 171by Sen. Francis Thompson, D-Delhi

Provides relative to consumer loans 

Present law provides relative to the licensing of persons who make consumer loans. The Office of Financial Institutions had this bill introduced.

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB171&sbi=y

 

SB 180 by Sen. Milkovich

Provides for tort liability for a worker’s compensation insurer that causes further injury through the unreasonable denial of medical treatment to an injured worker

Provides that, in addition to the remedies in present law, a payor who denies medical care, service or treatment to a claimant without good cause shall be liable, in tort, for damages to the claimant when such unreasonable denial of medical care, service or treatment causes the claimant additional injury or aggravation of an existing injury.

CCS Position: Oppose

Status:Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB180&sbi=y

 

SB 190by Sen. Wesley Bishop, D-New Orleans

Provides a private right of action for zoning violations (gov sig)

Present law provides for the enforcement by the municipality or the parish and for a fine of not less than $10 and not more than $25 dollars or imprisonment for not more than 30 days for each day a violation continues. 

CCS Position: Oppose

Status: Dead for Session

Click below to view fill information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB190&sbi=y

 

SB 197by Sen. Barrow Peacock, R-Bossier City

Provides relative to certain limitations on recovery of medical claims

Proposed law provides for a limitation on recovery of medical or health care expenses to the amount actually paid or incurred by or on behalf of the claimant. 

CCS Position: Support

Status: Dead for session

Click below to view fill information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB197&sbi=y

 

SB 216 by Sen. Milkovich

Provides relative to duties and liability of insurers regarding automobile accidents

Proposed law retains present law and further requires insurers to pay to the insured or any party in interest the reasonable value of a totaled vehicle or the actual cost of vehicular repairs within 30 days of receipt of satisfactory proof of loss. 

CCS Position: Oppose

Status: Dead for session

Click below to view full information on the bill:http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB216&sbi=y

 

SB 257by Sen. Milkovich

Provides relative to appellate records

Provides that, within 30 days of receipt of the notice of estimated costs, the appellant shall pay the estimated costs to the clerk or file a written redesignation of appellate record; provides that each party shall be responsible for costs of that portion of the record which the party designates; provides that within 30 days, exclusive of holidays, after receipt of notice of the estimated costs of appeal, the appellant may designate in writing, filed with the court, portions of the record which he desires to constitute the record on appeal. Amended.

CCS Position: Oppose

Status: Defeated on the Senate Floor on a vote of 14 to 19 (dead for session)

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB257&sbi=y

 

SB 262 by Sen. Ryan Gatti, R-Bossier

Provides relative to powers of the governor during times of a disaster or emergency. 

Proposed law allows the governor during a gubernatorially declared disaster or emergency to suspend liberative prescription and preemptive periods for all legal proceedings by executive order or proclamation, and to extend the period in which residents may file a claim against an insurer pursuant to R.S. 22:868 by executive order or proclamation. 

CCS Position: Oppose

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB262&sbi=y

 

SB 273by Sen. Milkovich

Provides for the random selection of appellate panels

Provides for the random selection of appellate panels; the court will sit in rotating panels of three judges, and the bill provides a process for the instance in which more than one judge must be recused.

CCS Position: Neutral

Status: Enrolled

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB273&sbi=y

 

SB 278 by Sen. Claitor

Constitutional amendment to remove the mandatory retirement age for judges

Removes the current requirement that judges retire at the age of 70.

CCS Position: Neutral

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB278&sbi=y

 

SB 287 by Sen. Milkovich

Provides relative to compulsory motor vehicle liability security

Proposed law reduces the fee for lapses from 31 to 90 days from $250 to $200 and adds that a continuous period of noncoverage less than six months shall be deemed a single violation. Present law prohibits imposition of a reinstatement fee for a lapse of security of 10 days or less when the insured surrenders the vehicle's license plate within 10 days. 

CCS Position: Neutral

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB287&sbi=y

 

SB 382 by Sen. Sharon Hewitt, R-Slidell

Provides relative to safety belts

As introduced, this legislation dealt with penalties for improper use of special tags by a physician for physical or mental disability conditions. It was amended and passed out of the Senate Committee on Transportation this week with an amendment, which will allow for the court to consider evidence of comparative negligence for the failure to wear a safety belt in any action to recover damages in connection with accidents. This is an important bill that will be heard on the Senate floor next week. Amended.

CCS Position: Support

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB382&sbi=y

 

SB 424by Sen. Dan Morrish, R-Jennings

Provides relative to the employment of special attorneys or counsel to recover royalties due the state

Provides that current law dealing with compensation paid to counsel by the state shall not apply to attorneys retained by the State Mineral and Energy Board for purposes of obtaining past due royalties and exempts proceeds recovered from judgments, settlements, fines, fees, forfeitures and penalties, as well as recovery or award of any attorney fees. 

CCS Position: Dead for Session

Status: Dead for session 

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB424&sbi=y

 

SB 503 by Sen. Rick Ward, R-Port Allen

Increases the medical malpractice cap liability from $500,000 to $750,000.

Proposed law provides that the total amount recoverable for all malpractice claims, exclusive of future medical care and related benefits, shall not exceed $750,000. Further provides that the amount may increase based on inflation. 

CCS Position: Oppose

Status: Dead for session

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=SB503&sbi=y