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 pre-filed for the 2018 Louisiana Regular Legislative Session relative to civil law, civil procedure and other matters of interest to LCCS. Additionally, legislators can file up to five bills each as the session starts March 12 up until April 2.

 

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: Under Review

Status: Referred to the House Committee on Civil Law

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.

CCS Position: Oppose

Status: Referred to the House Committee on Civil Law

Click below to view full information on the bill:

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

 

 

 

HB 97 by 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: Oppose

Status: Referred to the House Committee on Civil Law

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: Referred to the House Committee on Civil Law

Click below to view full information on the bill:

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

 

HB 174 by 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.

CCS Position: Neutral

Status: Referred to the House Committee on Civil Law

Click below to view full information on the bill:

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

 

 

 

HB 203 by 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: 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=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: Referred to the House Committee on Civil Law

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: 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=18RS&b=HB215&sbi=y

 

 

 

HB 276 by 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: Referred to the House Committee on Civil Law

Click below to view full information on the bill:

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

 

HB 454 by Rep. Franklin Foil, R-Baton Rouge

Requires the Division of Administration to establish, maintain and make public a list of unpaid outstanding final tort judgments against the state

Adds to current law a requirement for the division of administration to develop and maintain a list of all final tort judgments against the state which remain unpaid. The list shall be updated quarterly, available on the Division of Administration's website, and included within the comprehensive annual financial report.

CCS Position: Support

Status: Referred to the House Committee on Appropriations

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB454&sbi=y

 

 

 

HB 471 by Rep. Julie Stokes, R-Metairie

Requires the Division of Administration to establish, maintain and make public a list of unpaid outstanding final tort judgments against the state

Adds to current law a requirement for the division of administration to develop and maintain a list of all final tort judgments against the state which remain unpaid. The list shall be updated quarterly, available on the Division of Administration's website, and included within the comprehensive annual financial report.

CCS Position: Support

Status: Referred to the House Committee on Appropriations

Click below to view full information on the bill:

http://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB471&sbi=y

 

 

 

HB 586 by 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.

CCS Position: Oppose

Status: Referred to the House Committee on Civil Law

Click below to view full information on the bill:

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

 

HB 600 by 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: Under Review

Status: Referred to the House Committee on Civil Law

Click below to view full information on the bill:

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

 

SB 44 by 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: Referred to the Senate Committee on Senate and Governmental Affairs

Click below to view full information on the bill:

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

 

SB 56 by 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.

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=18RS&b=SB56&sbi=y

 

SB 61 by 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: 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=18RS&b=SB61&sbi=y

 

SB 91 by 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: Under Review

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=18RS&b=SB61&sbi=y

 

SB 97 by 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: 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=18RS&b=SB97&sbi=y

 

 

 

SB 139 by Rep. Jay Luneau, D-Alexandria

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: Under Review

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=18RS&b=SB139&sbi=y

 

SB 156 by 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: 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=18RS&b=SB156&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: Referred to the Senate Committee on Labor and Industrial Relations

Click below to view full information on the bill:

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

 

 

 

SB 257 by 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.

CCS Position: Under Review

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=18RS&b=SB257&sbi=y

 

 

 

SB 273 by 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: Under Review

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=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: Under Review

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=18RS&b=SB278&sbi=y

 

 

SB 424 by 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: Under Review

Status: Referred to the Senate Committee on Judiciary B

Click below to view full information on the bill:

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