LAJ summary of selected bill and effective dates
2009 Regular Session of the Louisiana Legislature
LAJ staff prepared this summary of selected bills of the 2009 Regular Session of the Louisiana Legislature from legislative instruments and digests posted on the Web site of the Louisiana Legislature and available as of August 13, 2009. For access to all the legislative instruments from the 2009 Regular Session, go to www.legis.state.la.us.
Article 3, Section 19 of the Louisiana Constitution specifies that the effective date of an act of a regular session shall be Aug. 15 of the calendar year in which the session was held, unless the instrument itself specifies a different effective date.
Please forward corrections, comments, questions or other concerns to Tom Wright at LAJ, phone 800-354-6267 or 225- 242-4837, or email to twright@lafj.org.
Download a PDF version of the session summary.
Information is divided into these categories:
CIVIL PRACTICE
Immunities
Governmental Liability
Medical Malpractice
Practice and Procedure
Property and Casualty Insurance
Punitive Damages
Workers' Compensation
CRIMINAL PRACTICE
FAMILY PRACTICE
Immunity during a declared state of emergency for any natural or juridical person who gratuitously and voluntarily renders any disaster relief or recovery services in coordination with the state or its political subdivisions, except in the event of gross negligence or willful misconduct. Does not apply to unlicensed persons providing care, assistance, goods or services for which a license is required. (Adds R.S. 29:735.3.1)
Creates the Louisiana Geologic Sequestration of Carbon Dioxide Act. Limits the civil liability of an owner or operator of a storage facility or such transmission pipeline or generator of the carbon dioxide for non-economic damages to $250,000 per occurrence; however, in an action for wrongful death, permanent and substantial physical deformity, loss of use of limb or organ systems, or permanent physical or mental injury that prevents independent care and prevents life-sustaining activities non-economic damages shall not exceed $500,000. If liability caps are found unconstitutional, such damages may not exceed $1 million. No liability to state for assuming ownership of a storage facility after the issuance of the certificate of completion of injection operations. (Adds R.S. 19:2(12) and R.S. 30:1101-1111)
Immunity for pharmacist, certified pharmacy technician or pharmacy employee for any act or omission resulting in damage, injury or loss arising out of the sale and monitoring of nonprescription products containing ephedrine, pseudoephedrine or phenylpropanolamine, except for gross negligence or willful or wanton misconduct. (Adds R.S. 40:962.1(E), 962.1.1(F), 964(E), 1006(E) and (F), and R.S. 40:1049.1-1049.11; repeals R.S. 40:962.1.1(D) and 962.1.2)
Immunity for any health-care provider or health-care personnel who renders or fails to render health-care services, first aid, ambulatory assistance or transportation anywhere in the state in the course of and resulting from an evacuation, sheltering, transportation or repopulation of a health-care provider facility during a declared state of emergency, unless the damages are caused by gross negligence or willful and wanton misconduct. Immunity extends for 30 days after the end of the initial declared state of emergency. “Health care personnel” includes all employees and volunteers of a health-care provider facility, a mobile medical unit, and the officers, directors, shareholders, partners, members or managers of legal entities that own or operate a facility. (Adds R.S. 29:735.5)
Uniform Emergency Volunteer Health Practitioners Act. Creates during emergency periods an interstate recognition of medical licenses held by volunteer medical professionals who register with a multi-state compact. Defines “volunteer health practitioner” as one who provides health services, regardless of compensation, as long as the person receiving the health services does not pay. Health services include those related to health or death of individuals and specifically include funeral, cremation, cemetery or other mortuary services. Practitioner is generally immune from liability for an act or omission in providing services, except for willful misconduct or wanton, grossly negligent, reckless or criminal conduct. There is no vicarious liability for damages if the practitioner is not also liable. The length of the liability limitation is tied to official emergency declarations. (Adds R.S. 29:781-792; repeals R.S. 29:735.2(A))
[Also see Immunities HB 517, HB 554, HB 890, SB 106, SB 107.]
Increases homestead exemption from seizure from $25,000 to $35,000 and prohibits the seizure of a homestead to satisfy a judgment for credit card charges. (Amends R.S. 20:1(A)(2); adds R.S. 13:3851.1)
Law Institute. Updates the Louisiana Uniform Commercial Code on warehouses and documents of title including warehouse receipts, destination bills, bills of lading, rules of negotiability of bills of lading and documents of title, liens of carriers, a carrier’s duty of care, and lost or missing documents of title; establishes conforming amendments to other sections of the UCC. (Amends R.S. 10:1-201(b)(5), (6), (15), (16), (21), and (42), 4-104(c), 4-210(c), 7-101-7-105, 7-201-7-210, 7-301-7-309, 7-401-7-404, 7-501-7-509, 7- 601-7-604, and 7-701, 9-102(a)(30), (b), and (d)(7), 9-203(b) and (3)(D), 9-207(c), 9-208(b)(5) and (6), 9-301(3), 9-310(b)(5) and (8), 9-312(e), 9-313(a), 9-314(a) and (b), 9-317(b) and (d), 9-338, and 9-601(b); adds R.S. 10:8-103(g) and 9-208(b)(7))
HB 403 Foil, Act 207. Effective Jan. 1, 2010
Venue under Governmental Claims Act. All suits filed against the state, a state agency or an officer or employee thereof for conduct arising out of the discharge of his official duties or within the course and scope of his employment must be brought in the 19th JDC or in the parish in which the cause of action arises. (Amends R.S. 13:5104(A))
HB 566 Ellington, Act 13. Effective Aug. 15, 2009
Revises Medical Assistance Program Integrity Law to allow a qui tam plaintiff to recover a civil monetary penalty, even if the secretary or attorney general intervenes or the court determines that the allegations are based on information from sources other than the qui tam plaintiff. Employee harmed by an employer for pursuing a qui tam action is entitled to relief, including reinstatement, two times back pay, interest on back pay and special damages. (Amends R.S. 46:438.3(B), 439.1, 439.2(A)(2)(b), 439.3, and 439.4(A)(1) and (3), (C)(1), (D), and (G))
HB 620 Cortez, Act 426. Effective Aug. 15, 2009
Authorizes the judges of any judicial district court, by rule adopted by a majority vote of the judges sitting en banc, to adopt specialized divisions or sections of the court with specified subject matter jurisdiction, such as criminal, civil, drug and DUI offenses, mental health, juvenile, violent crimes or homicides. (Adds R.S. 13:587.4 and 1344)
Increases to five years the prescriptive period for an action for damages for harvesting timber without the owner’s consent. (Amends C.C. Art. 3497; adds R.S. 3:4278.1(G) and 4278.2(G))
“Small succession” value on or after Jan. 1, 2010, increased from $50,000 to $75,000; can include immovable property under certain circumstances; procedure for proof by affidavit. (Amends C.C.P. Arts. 3421, 3431, 3432, and 3434; repeals C.C.P. Art. 3433)
Allows auto insurer who has paid and satisfied an insured’s third physical damage claim within a period of five years to modify an insured’s physical damage coverage by including a deductible up to $500. (Amends R.S. 22:1266(B)(2))
HB 201 Thibaut, Act 472. Effective Aug. 15, 2009
Permissive user. Prohibits motor vehicle liability insurance policies from limiting or dropping down policy coverage under an insured’s policy to the minimum limits required by financial responsibility law for persons operating the vehicle with express or implied permission. (Amends R.S. 22:1282)
HB 208 Monica, Act 280. Effective Aug. 15, 2009
Makes technical changes to the Louisiana Insurance Code including correction of citations, updates of terms and language, reorganization of provisions, elimination of obsolete or ineffective provisions, such as transition provisions and past effective dates, and harmonizing of inconsistent provisions. (205-page bill makes changes to approximately one-third of Title 22.)
Requires disclosure of separate hurricane, wind or named-storm deductibles on homeowners policy to include a standardized example of how it will be applied under the policy. Disclosure is for informational purposes and admissible only to show notice was or was not provided. Amends R.S. 22:1319 and 1332(B) and (2); adds R.S. 22:1332(B)(6) and (C))
Requires a homeowner’s insurer to give notice of cancellation or if, at the request of the insured, any person is removed or substituted on the policy. (Amends R.S. 22:887(A) and (4); adds R.S. 22:887(A)(5))
Prohibits any property or casualty insurer or insurance producer from issuing a certificate of insurance or any other type of document purporting to be a certificate of insurance that will affirmatively or negatively alter, amend or extend the coverage provided by the referenced insurance policy. A certificate of insurance may not convey any contractual rights to the certificate holder. (Adds R.S. 22:881.1)
Regulation of home service contract providers by the commissioner of insurance includes registration, disclosures, recordkeeping and enforcement. (Adds R.S. 22:821(B)(28) and 1806.1-1806.9)
Revises the way Louisiana Citizens Property Insurance Corporation develops rates. Authorizes the board of directors to establish rating territories as it deems appropriate and requires that any changes to the rating territories be approved by the legislative insurance committees, acting jointly. (Amends R.S. 22:2303(A) and (D)(1))
Allows the commissioner of insurance to extend the 30-day time period for initiating a loss adjustment for damages arising from a declared emergency or disaster up to an additional 30 days. Thereafter, only one additional extension may be allowed and must be approved by the Senate Committee on Insurance and the House Committee on Insurance, voting separately.(Amends R.S. 22:1892(A)(3))
SB 214 Morrish, Act 488. Effective Aug. 15, 2009
Authorizes Louisiana Citizens to write business interruption insurance only with respect to commercial properties on a monoline basis as essential property insurance. (Amends R.S. 22:2292(6) and (12))
SB 218 Morrell, Act 239. Effective Aug. 15, 2009
Surplus Lines. Policies of fire and extended coverage issued by an authorized insurer must be approved by the commissioner of insurance, thereby exempting surplus lines insurers from limits on co-insurance clause provisions. (Amends R.S. 22:1317)
SB 290 Quinn, Act 250. Effective Aug. 15, 2009
Establishes a medical advisory council to assist the state workers’ compensation director in creating guidelines for a medical treatment schedule for injured workers. (Adds R.S. 23:1203.1)
Provides for proof of a valid prescription as a defense to violations of the Uniform Controlled Dangerous Substances Law. (Adds R.S. 40:991 and C.Cr.P. Art. 532(10) and 535(7))
Creates the crime of discharging a firearm at a public event. (Adds R.S. 14:95.2.2)
Prohibits installation of car amplification systems on the exterior of a vehicle chassis. (Adds R.S. 32:378.3)
Amends criminal penalty for disposal of movable property with fraudulent or malicious intent. (Amends R.S. 14:72.4(B))
HB 58 Chandler, Act 152. Effective Aug. 15, 2009
Adds drugs to Schedule I classification, Controlled Dangerous Substance Law. (Adds R.S. 40:964(Schedule I)(C)(5.1) and (E)(5.1))
HB 69 Lopinto, Act 153. Effective Aug. 15, 2009
Amends penalty provisions of home-improvement fraud statute. Adds mandatory restitution. (Amends R.S. 14:202.1(D) and (E); adds R.S. 14:202.1(F) and (G))
Defines a firearm for purposes of the crime of illegally carrying or possessing a firearm by certain convicted felons. (Adds R.S. 14:95.1(D))
Amends elements of the crime of indecent behavior with juveniles involving lewd or lascivious communications. (Amends R.S. 14:81(A)(2), (C), and (E))
Amends definition of crime of cruelty to animals and amends penalties. (Amends R.S. 14:102.1(A)(1)(h) and (2)(b) and (B)(5); adds R.S. 14:102.1(A)(2)(c) and (d) and (3) and (B)(6))
Certain experts can testify by simultaneous audiovisual transmission during a criminal proceeding, a juvenile or family court proceeding of a criminal nature or a civil forfeiture proceeding arising from alleged criminal activity. (Adds R.S. 15:502)
Amends definition of second degree murder by unlawful distribution or dispensing of controlled dangerous substances. (Amends R.S. 14:30.1(A)(3) and (4))
Increases civil and criminal penalties for certain actions committed by a contractor. (Amends R.S. 37:2160(C) and 2162(I); adds R.S. 37:2158(E) and 2160(D))
Amends definition of negligent injuring and negligent homicide to include attacks by dogs or other animals. (Amends R.S. 14:32(A) and 39; adds R.S. 14:32(C)(3), (D), and (E) and R.S. 22:1320)
Adds definitions to the crime of false personation of a peace officer. (Amends R.S. 14:112.1(B); adds R.S. 14:112.1(A)(4) and (C))
Condition of probation or parole for sex offenders can include consent to searches by law enforcement officers upon reasonable suspicion the person has engaged in criminal activity. (Amends R.S. 15:574.4(H)(4)(r) and C.Cr.P. Art. 895(A)(13))
Prohibits retail sale and distribution of “toylike” novelty lighters. (Adds R.S. 40:1601)
HB 199 St. Germain, Act 89. Effective Jan. 1, 2010
Enacts measures to ensure confidentiality of identity of crime victims who are minors or victims of a sex offense. (Amends R.S. 46:1844(W)(1)(a) and (3))
HB 202 Richardson, Act 364. Effective Aug. 15, 2009
Applies flight from an officer and aggravated flight from an officer statute to operator of a watercraft. Includes careless or reckless operation of a watercraft in scope of endangering circumstances for purposes of statute. (Amends R.S. 14:108.1(A), (C), and (D)(2) and (4))
Amends provisions of law regarding drug court. (Amends R.S. 13:5304(B)(3)(f), R.S. 15:574.4.1(B) and C.Cr.P. Art. 900(A)(6)(a) and (b); adds R.S. 15:574.4.1(A)(6) and (J) and C.Cr.P. Art. 900(A)(6)(c))
Amends penalties for crime of domestic abuse battery. (Amends R.S. 14:35.3(K))
Increases penalties for battery and for assault of a school teacher. (Amends R.S. 14:34.3 and 38.2(B); adds R.S. 14:38.2(A)(2)(c) and (d))
Amends criminal penalty for racketeering. (Amends R.S. 15:1354(A))
Amends elements of crime of computer-aided solicitation of a minor. (Amends R.S. 14:81.3(A))
Adds additional predicate offense to crime prohibiting certain felons from possessing firearms. (Amends R.S. 14:95.1(A))
Provides method of collecting DNA samples for inclusion in the state DNA database. (Amends R.S. 15:609(B)(1) and (C) and 610)
Approves certain labs to conduct chemical analyses related to DWI. (Amends R.S. 32:663(A) and (C))
Provides relative to sex offenders and child predators. (Amends R.S. 15:560.1, 560.2(B) and (1), (E), and (F), 560.3, 560.4(A), 560.5, 560.6(A), 561.2, and 561.4(A)(1) and (B)(1) and (3); adds R.S. 15:560.2(H) and (I) and 560.4(E); repeals R.S. 15:542.1.6 and 543.1(14))
Provides procedures when probation and parole fees are not timely paid. (Adds C.Cr.P. Art. 895.5)
Provides for administrative law hearings in DWI matters. (Amends R.S. 32:668(A); adds R.S. 32:668.1)
HB 444 Perry, Act 287. Effective Aug. 15, 2009
Provides for penalties for refusing to submit to DWI tests. (Amends 32:667(B)(2); repeals R.S. 32:667(B)(1)(a) and (4))
HB 445 Baldone, Act 288. Effective Sept. 1, 2009
Provides relative to the protection of children. (Amends R.S. 14:81.4(A), (B)(2), and (4), and (E)(1), 91.1(A)(2), 91.2(B), (C) and (D) and R.S. 15:538(A), (D)(1)(b) and (c), and (6)(b) and (c); adds R.S. 14:91.2(E), 91.3 and 91.4)
Requires all passengers in a vehicle to wear a seat belt. (Amends R.S. 32:295.1(B))
Authorizes the judges of any judicial district court, by rule adopted by a majority vote of the judges sitting en banc, to adopt specialized divisions or sections of the court with specified subject matter jurisdiction, such as criminal, civil, drug and DUI offenses, mental health, juvenile, violent crimes or homicides. (Adds R.S. 13:587.4 and 1344)
Creates the crime of unlawful disruption of the operation of a school. (Adds R.S. 14:40.6)
Provides for intensive incarceration program for certain offenders. (Adds C.Cr.P. Arts. 881.1(A)(4), 893(E)(4), and 895(B)(3) and R.S. 15:574.4.1(J))
After Dec. 31, 2010, a justice of the peace has no authority to issue arrest warrants unless he has completed the Attorney General’s Arrest Warrants Course for Justices of the Peace. (Adds C.Cr.P. Art. 202(E) and R.S. 49:251.4)
Provides relative to habitual absence and tardiness of students, including penalties for parents and legal guardians/custodians of such students. (Amends R.S. 14:92.2(A)(2)(c) and R.S. 17:221(A)(1) and (2) and Ch.C. Art. 728(4); adds R.S. 14:92.2(B)(4) and R.S. 17:233(B)(1)(d)(iii) and (iv))
Creates crime of unauthorized participation in medical assistance programs. (Adds R.S. 14:126.3.1)
Provides that the left lane is for passing only. (Amends R.S. 32:71(B)(1); adds R.S. 32:71(C), (D), and (E))
Provides penalty for causing unnecessary or unjustified physical pain, suffering or death of an animal. (Amends R.S. 14:102.1)
SB 31 Adley, Act 106. Effective Aug. 15, 2009
Amends definition of first degree murder. (Adds R.S. 14:30(A)(10) and C.Cr.P. 905.4(A)(13))
SB 132 Dorsey, Act 79. Effective June 18, 2009
Creates crime of operating a vehicle while under suspension for certain prior offenses. (Adds R.S. 14:98.3)
Amends definition of crime of domestic abuse battery. (Amends R.S. 14:35.3(A) and (B)(2))
Enhanced penalties for parent or legal guardian convicted of contributing to the delinquency of a juvenile by enticing, aiding, soliciting or permitting the juvenile to become involved in the commission of a crime. (Adds R.S. 14:92(E)(3) and (4))
Law Institute. Provides for the relationship of parent and child established by maternity, paternity or adoption. (Adds C.C. Arts. 178, 179, 199, and 200; adds revision comments to C.C. Art. 186; adds retroactive application to C.C. Arts. 199 and 200)
Accounts payable upon death can be established to allow the depositor to specify one or more named beneficiaries to whom funds may be disbursed upon presentation of a death certificate. Beneficiaries do not have to be spouse, children, grandchildren, parents or siblings. (Amends R.S. 6:314(A), 653.1(A), and 766.1(A); Adds R.S. 6:1255(D); repeals R.S. 6:314(C), 653.1(C), and 766.1(C))
Fingerprint card of juvenile offender reaching age 17 will no longer be destroyed with the juvenile records. (Amends Ch.C. Art. 818(C))
Law Institute. Amends various provisions relative to the community property regime. (Amends C.C. Arts. 2358, 2362.1-2364, and 2365-2367.2 and R.S. 9:374; adds C.C. Art. 2367.3; repeals C.C. Art. 2364.1)
District attorneys must consent to the court’s use of teen or youth court programs for informal adjustment agreements in delinquency matters. Maximum total informal adjustment period increased from one year to two years. (Amends Ch.C. Arts. 839(C) and 840(C))
HB 565 Ernst, Act 213. Effective Aug. 15, 2009
Addresses redirected income, deferred income, evidence of income and required documentation in determining income for support purposes. Law Institute is directed to prepare comments. (Amends R.S. 9:315.2(A); adds R.S. 9:315.1.1 and 326)
HB 600 Johnson, Act 378. Effective Aug. 15, 2009
Extends delays for setting a hearing on a temporary restraining order in domestic violence cases. (Amends R.S. 46:2135(B) and (E) and Ch.C. Art. 1569(B) and (E))
Provides relative to habitual absence and tardiness of students, including penalties for parents and legal guardians/custodians of such students. (Amends R.S. 14:92.2(A)(2)(c) and R.S. 17:221(A)(1) and (2) and Ch.C. Art. 728(4); adds R.S. 14:92.2(B)(4) and R.S. 17:233(B)(1)(d)(iii) and (iv))
Certain federal judges can perform marriage ceremonies October 1-31, 2009. (Adds R.S. 9:203(E)(7))
Allows the Department of Health and Hospitals, upon court order, to use restraints on certain children during transport. (Adds Ch. C. Art. 837(I))
Support enforcement cases in East Baton Rouge Parish can be transferred to either the family or juvenile court. (Amends R.S. 46:236.2(A)(2))