06LegSummaryHurricane

Hurricane Katrina /Rita
2006 Regular Session of the Louisiana Legislature

The presumption of death after an absence of five years is reduced to two years if the absence commenced between 8/26/05 and 9/30/05, was related to Hurricane Katrina or Rita and the absent person is not currently charged with a felony. Retroactive to 8/26/05. (Amends C.C. Art. 54)
HB 309 Walker; Act 258; Effective 8/15/06

Creates the Hurricane Relief Programs Integrity Act. Prohibits false or fraudulent claims or misleading statements in relation to obtaining funds, property or other compensation from hurricane relief programs. Authorizes civil actions by the attorney general or by private persons [qui tam action] to recover amounts obtained in violation of the Act. Authorizes a civil fine in an amount not to exceed three times the amount of actual damages sustained by the hurricane relief programs as a result of violation, and authorizes civil monetary penalties of up to $10,000 for each false or fraudulent claim, misrepresentation, illegal remuneration, or other prohibited act. Creates the Hurricane Relief Programs Fraud Detection Fund to pay costs or expenses incurred by the attorney general in bringing actions, to enhance fraud and abuse detection and prevention activities, to pay rewards for information, and to provide a source of revenue for hurricane relief programs. Protects whistleblowers against reprisals. See bill for peremptive and prescriptive periods, time delays and loser pay provisions. (Adds R.S. 39:2151-2163)
HB 570 Scalise; Act 479; Effective 6/22/06

Prohibits prepayment penalties for consumer credit transactions and residential mortgage loans when such loans are paid in connection with a gubernatorially declared disaster from proceeds from insurance insuring casualty, flood, or other damage to secured property. (Adds R.S. 6:1096(E)(3) and R.S. 9:3532.1(C))
HB 602  Pinac; Act 188; Effective 8/15/06

Prescription on Insurance Claims. Enacts R.S. 22:658.3 to provide that any person having a claim under a homeowners’ insurance policy or other named property coverages for damages resulting from Hurricane Katrina has through 9/1/07, to file a claim for damages, unless a greater time period is provided by law or under the insurance contract. For such claims resulting from Hurricane Rita, the time to file is extended through 10/1/07. The attorney general is directed to file suit within 10 days of the effective date of this Act seeking declaratory judgment to determine the constitutionality of this Act or of the Act resulting from HB 1302. (Amends R.S. 22:629; adds R.S. 22:658.3)
HB 1289 Morrell; Act 739; Effective 6/29/06

Prescription on Insurance Claims.  Enacts a general provision of law, not placed within the Revised Statutes, that recognizes a limited exception to the running of prescription, preventing the running of prescription for one year on any claim to recover under a policy of insurance for loss or damage to property caused by or resulting from Hurricane Katrina until 8/30/07 and for Hurricane Rita until 9/25/07. Authorizes any domiciliary of the state to institute within 10 days after the effective date of the Act an action in the 19th JDC for declaratory judgment to determine the constitutionality of this Act and of the Act resulting from HB 1289. (Adds “uncodified law” and references C.C. Art 3467 and doctrine of contra non valentem)
HB 1302 Burns; Act 802; Effective 6/30/06

Resolution urges and requests property and casualty insurers to waive the 12-month or one-year limitation for filing suit on a property damage claim resulting from Hurricane Katrina or Rita
HCR 143 Bowler

Resolution urges and requests insurance companies to waive any and all one-year prescriptive periods and allow suits resulting from gubernatorially declared disasters to be brought within 24 months of the declaration.
HCR 311 Burns

Constitutional amendment to provide for a single assessor in Orleans Parish. Specifies submission of the amendment to the voters at the statewide election to be held on 11/7/06.  (Amends Const. Art. VII, Sec. 24)
SB 141 Duplessis

DOTD Expropriation. Changes the commencement of accrual of legal interest from the date of presentation of the petition to the date the answer is filed by the defendant as provided in R.S. 48:450. (Amends R.S. 48:455)
SB 400 Ellington; Act 322; Effective 7/1/06

Nursing Home Emergency Plan. Nursing homes located in certain parishes susceptible to hurricanes must develop an emergency preparedness plan and submit the plan to DHH by 8/1/06. Allows nursing homes to turn over resident to local next of kin who have previously stated that they would recover the nursing home resident and assume responsibility for their care. Requires DHH, in consultation with the Governor’s Office of Homeland Security, to promulgate rules by 4/1/07 for the evacuation or sheltering in place of nursing homes in the event of a hurricane. DHH is to assist an evacuating nursing home with the transportation or placement of residents with medically complex needs if the nursing home is unable to find satisfactory placement for that resident. DSS is to assist an evacuating nursing home in locating an alternative shelter site when the nursing home is unable to proceed to its sheltering host site. (Adds R.S. 29:766(G) and 40:2009.25)
SB 529 Jackson; Act 540; Effective 6/22/06

Provides for one assessor in Orleans. Act shall take effect and become operative if and when the proposed amendment to Const. Art. VII, Sec. 24 contained in SB 141 is adopted at the statewide election to be held on 11/7/06. (Amends R.S. 9:1425, R.S. 11:1481(2)(b)(i) and (d)(i), R.S. 13:4405(B), R.S. 18:602(C), R.S. 33:2828(B)(1) and (B)(2), and (D), 9091.1(D)(1)(e) and (f), R.S. 35:281, R.S. 42:261(D)(2), R.S. 44:205, R.S. 47:1709, 1856(E)(1), 1874(B), 1901, 1901.1, 1903.2, 1903.3, 1904(B), 1907(A)(1), 1909, 1910, 1910.1, 1910.2, 1925.8, 1931, 1956(A)(1), 1958(E), 1960, 1979(A), 1987(A), 1991(A) and (B), 1992(A)(1)(a) and (F)(1), 2110(A)(2) and (E), and 2305(A); adds R.S. 33:9091.1(D)(6); repeals R.S. 11:1481(2)(c) and R.S. 47:1907(A)(2))
SB 647 Duplessis; Act 622; Effective: See act.