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Summary of selected bills and effective dates
2008 Regular Session of the Louisiana Legislature

LAJ staff prepared this summary of selected bills of the 2008 Regular Session of the Louisiana Legislature from legislative instruments and digests posted on the Web site of the Louisiana Legislature and available as of July 22, 2008. For access to all the legislative instruments from the 2008 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 e-mail to twright@lafj.org.

Information is divided into these categories:

Key legislation
Children/family law
Consumer protection
Criminal law
Highway safety
Immunities
Judiciary
Jurisdiction and venue
Practice and procedure
Practice of law
Prescription
Property, casualty insurance
Professional liability/malpractice
Workers' compensation

Key legislation
Law Institute. Revision of the Code of Civil Procedure; adds “peremption” and “discharge in bankruptcy” to the objections raised by the peremptory exception; eliminates certain defenses from affirmative defenses and further updates the article on affirmative defenses; adds electronically stored information to the provision for subpoena duces tecum and provides for compliance and objections to the subpoena duces tecum in line with federal procedure, mainly by including requests for electronically stored information and by allowing the subpoenaed party to reply to a subpoena duces tecum with written objections; provides for the service of subpoenas by private persons without the need of a motion and order; provides for the failure to comply with an order compelling discovery; provides for pretrial conferences and orders; provides for the preparation of judgments and signing of judgments; and provides for the use of summary proceedings. (Amends C.C.P. Arts. 927, 1005, 1354, 1355, 1471, 1551(A), 1916, and 2592; repeals C.C.P. Art. 1913(E))
HB 548 Foil, Act 824. Effective Jan. 1, 2009

Immunity for certain “agritourism” activities. “Agritourism” means the travel or visit by the general public to a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation. Agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, provided that a specific warning is posted. Must plead as an affirmative defense. (Adds R.S. 9:2795.5)
HB 633 Anders, Act 591. Effective Aug. 15, 2008

Health care privilege. Authorizes delivery by fax of the notice of the health care privilege against proceeds recovered by injured persons. Requires notice by certified mail if a signed receipt of the fax is not obtained within seven days, and taxes costs of mailing as court costs. (Amends R.S. 9:4753)
HB 1230 Barras, Act 611. Effective Aug. 15, 2008

Increases the minimum limits for compulsory motor vehicle liability insurance from 10/20/10 to 15/30/25. Increases no-pay/no-play uninsured motorist penalty from $10,000 for bodily injury and $10,000 for property damage to $15,000 and $25,000, respectively. Applies to new policies issued on or after Jan. 1, 2010, and existing policies on renewal after Jan. 1, 2010. (Amends R.S. 32:861(B)(2), (C)(1)(a) and (b), 866(A)(1) and (F), 894(A), and 900(B)(2)(a), (b), and (c))
HB 1312 Ponti, Act 921. Effective Jan. 1, 2010 (See act.)

Adds mandatory and permissive grounds for recusal of a judge in civil matters. (Amends C.C.P. Art. 151(A) and (B))
HB 1386 Ponti, Act 663. Effective Aug. 15, 2008

Authorizes a person to transport or store a firearm in a locked, privately owned motor vehicle in any parking lot, parking garage, or other designated parking area. No property owner, tenant, public or private employer, or business entity or its agent or employee is liable in any civil action for damages resulting from or arising out of an occurrence involving a firearm transported or stored in the motor vehicle. Statute does not apply to property where the possession of firearms is prohibited under state or federal law. (Adds R.S. 32:292.1)
SB 51 McPherson, Act 684. Effective Aug. 15, 2008

Daubert. Requires court, upon motion of any party providing sufficient allegations of need, to hold a contradictory pretrial hearing to determine whether a witness qualifies as an expert or whether the methods employed by the witness are reliable under C.E. Art. 702-705. Court must hold the hearing and issue a ruling no later than 30 days before trial. Court may allow live testimony for good cause shown. C.E. Art. 104(A) is the evidentiary standard used at the hearing. Court must provide specific findings of fact, conclusions of law and reasons for judgment to support its ruling. Reasons must include the elements required by C.E. Art. 702-705. All or a portion of the court costs incurred, including expert witness fees and costs, in the discretion of the court, may be assessed to the non-prevailing party at the conclusion of the hearing on the motion. Parties may consent to different time limits for motion, hearing and ruling prior to trial. Act exempts divorce, successions and actions filed to recover covered losses that resulted from hurricanes Katrina or Rita. Effective Jan. 1, 2009, except act becomes effective April 1, 2009, for actions set for trial between Jan. 1, 2009, and April 1, 2009. (Amends C.C.P. Art. 1425(C); adds 425(F))
SB 308 Donahue, Act 787. Effective Jan. 1, 2009 (See bill.)

Medical records. Requires health care provider to provide, on request and at no extra charge, a certification page setting forth the completeness of records on file. Authorizes an insurance company or its counsel to obtain a copy of medical records after a claim has been made, rather than only after suit has been filed. Creates the Health Care Information Technology and Infrastructure Advisory Collaborative. (Amends R.S. 40:1299.96(A)(2)(b); adds R.S. 40:1299.96.1)
SB 332 Thompson, Act 763. Effective July 6, 2008
 

Children/family law
Allows destruction of inactive and closed domestic relations and adoption records that have been reproduced and retained permanently by the clerk of court. Electronic medium of recordation is deemed to be an original when certified by the clerk of court and is admissible as evidence in a court or administrative proceeding. (Amends Ch.C. Art. 415(B); adds Ch.C. Art. 415(A)(3))
HB 139 Henry, Act 482. Effective Aug. 15, 2008

Law Institute. Revision of law on domicile. (Amends C.C. Arts. 38-46; adds C.C.P. Art. 11)
HB 158 Lorusso, Act 801. Effective Jan. 1, 2009

Law Institute. Provides for adoption of adults, form, recordation, jurisdiction, venue, effects, effective date, birth certificates, and change of name. (Amends C.C. Art. 214, C.C.P. Art. 10(A)(1) and R.S. 9:461 and 462; adds C.C. Arts. 212 and 213, C.C.P. Art. 74.5, and R.S. 9:463-465)
HB 322 Jones, Rosalind, Act 351. Effective Jan. 1, 2009

Sets the next review of the child support guidelines to 2012; adds the president of the Louisiana Hearing Officers’ Association to review committee. Authorizes DSS to obtain from DHH certain health insurance enrollment data. Authorizes the bringing of a civil action for damages for unauthorized disclosures of data match information. (Amends R.S. 9:315.5 and 315.16(A); adds R.S. 9:315.16(B)(11) and R.S. 46:236.1.11)
HB 335 Willmott, Act 578. Effective Aug. 15, 2008

Allows special expenses intended to enhance the health, athletic, or social development of the child to be added to the basic child support obligation. Court may place a portion of a child support obligation in a spendthrift trust for the child if the combined adjusted gross income of the parties exceeds the schedule. (Amends R.S. 9:315.1(C)(1)(b), 315.6, 315.13(B))
HB 339 Lopinto, Act 579. Effective Aug. 15, 2008

Provides for the qualifications of child custody mediators. Authorizes LSBA-ADR Section to make rules and regulations governing dispute mediator registration and qualifications and allows fee not to exceed $100 for registration. (Amends R.S. 9:334(B)(2) and (E) and Ch.C. Art. 439)
HB 374 Chandler, Act 631. Effective Aug. 15, 2008

Requires a certification to confirm a default judgment for a 103(1) divorce, which includes information regarding the type and date of service, the date a preliminary default was entered, a certification by the clerk that the record was examined, and a statement that no opposition has been filed.  (Amends C.C.P. Art. 1702(E))
HB 393 Greene, Act 354. Effective June 21, 2008

Law Institute. Provides for adoption of children, act of surrender, statement of family history, age of child eligible for adoption, validity of continued contact agreements, preplacement home study, and counseling. (Amends Ch.C. Arts.1123(B) and (C), 1124, 1125, 1126, 1127, 1127.1, 1137(D), 1172, 1173(A)(2), 1185, 1186(A) and (B), 1188, 1189, 1190(A) and (C), 1191, 1192, 1269.1, 1269.2(B), 1269.6, 1270(A) and (C), 1272(C) and (D), and 1276; adds Ch.C. Arts. 1122(B)(12), (13), and (14), (F)(18), (19), and (20), (G)(18) and (19), and (H), 1123(D), 1190(D), 1269.1.1, and 1270(F))
HB 444 Templet, Act 583. Effective Aug. 15, 2008

Provides for the surrendering of parental rights, licensing by DSS, declarations in the act of surrender, time limitations for private and agency adoptions, and the filing of the act of surrender. (Amends Ch.C. Arts. 1117, 1121(A), 1122(B)(1), (4), (5), (9), (10), and (11), F(4), (5), and (6), G(4), (5), (6), and (10) and 1130(A) and (B); adds Ch.C. Arts. 1130(E) and 1131(H))
HB 447 St. Germain, Act 584. Effective Aug. 15, 2008

Modifies the schedule of basic child support obligations and extends it to cover incomes from $20,000 to $30,000 per month. (Amends R.S. 9:315.19)
HB 494 Hines, Act 585. Effective Aug. 15, 2008

Allows continued custody hearings for children in need of services and for children adjudicated delinquent to be conducted in any parish in a judicial district. (Adds Ch.C. Arts. 739(E) and 821(F))
HB 498 Edwards, Act 634. Effective Aug. 15, 2008

Venue for post-judgment interdiction proceedings. Requires all proceedings for injunction pursuant to C.C.P. Art. 3601 et seq., including ancillary proceedings, involving an interdicted person as applicant or as an adverse party, to be conducted by the court and division or section rendering the interdiction judgment. Retroactive. (Amends C.C.P. Art. 4553)
HB 585 Abramson, Act 806. Effective July 7, 2008 (See bill.)

Requires DSS to prepare and distribute information, forms, and rules for the modification of support orders that specifically include what may constitute a material change in circumstances. Requires clerks of court to make this information available to the public upon request. Requires either court or DSS to provide this information to the parties when the initial support order is entered. (Amends R.S. 9:311(A))
HB 759 Harrison, Act 886. Effective Aug. 15, 2008

Law Institute. Provides for competency and sanity commissions in juvenile proceedings. (Amends Ch.C. Arts. 834, 834.1(A)(B), and (C), 835(A) and (C), 836, 837(B), (C), (D), and (F)(3), 837.1(A)(1), 838(A) and (B), and 869; adds Ch.C. Arts. 305(E), 869.1, 869.2, and 869.3)
SB 38 Gray, Act 222. Effective June 16, 2008

Law Institute. Provides for parental contributions to care and treatment of children in foster care, advising parents of their obligation, case plan, relation between contributions for care and child support, and duties of the department. (Amends Ch.C. Arts. 625(B)(2), 675(B)(2), and 685 and R.S. 46: 51.1(A); adds Ch.C. Art. 682(B)(5))
SB 73 Gray, Act 392. Effective Aug. 15, 2008

Law Institute. Provides for the restoration of parental rights, motion to restore, duties of the department, hearing, permanency hearing, and review hearing; (Adds Ch. C. Arts. 1051-1053, and 1146(E))
SB 76 Gray, Act 436. Effective Aug. 15, 2008

Adds CASA volunteers to the list of mandatory reporters of child abuse. (Adds Ch. C. 603(13)(i))
SB 77 Gray, Act 394. Effective June 21, 2008

Provides relative to income assignment orders for child support, interruption of prescription, authorization, collection of paternity testing costs, fines against employers for failing to withhold payments, terms and conditions, and the effect of the notice to withhold. (Amends R.S. 9:397.1(B), R.S. 13:4291(A), and R.S. 46:236.3(B)(1), (I), and (K))
SB 161 Jackson, Lydia, Act 444. Effective Aug. 15, 2008

Specifies that to reserve the fruits and revenues of separate property as separate property a copy of the declaration must be provided to the other spouse prior to filing. Prospective only. (Amends C.C. Art. 2339)
SB 179 Quinn, Act 855. Effective Aug. 15, 2008

Requires a summary proceeding to allocate the possession and use of family residence or community movables or immovables pending formal partition proceeding. (Amends R.S. 9:374(E))
SB 220 Quinn, Act 408. Effective Aug. 15, 2008

Gives a court exercising juvenile jurisdiction concurrent jurisdiction in proceedings brought by DSS to establish paternity or to establish, modify, or enforce support and gives the court exercising juvenile jurisdiction concurrent jurisdiction in proceedings brought by the district attorney to modify support. (Amends Ch.C. Art. 311(B)(1)(b) and R.S. 6:333(B), R.S. 44:4.1 (B)(28), and R.S. 46:236.1.9(B); adds R.S. 46:236.1.1(8); repeals Ch.C. Art. 311(A)(1)(c))
SB 258 Gautreaux, Nick, Act 532. Effective Aug. 15, 2008

Allows a judgment establishing paternity to be set aside or vacated if genetic testing indicates that the adjudicated father is not the biological father. Provides for formal notice of revocation of acknowledgments, nullification of an acknowledgment, time periods for bringing a petition to vacate judgments, and time periods for nullification of a judgment. Immunity for state, its officers, employees, agents, contractors, office of family support, support enforcement services of DSS from liability in any case to compensate any person for child support paid or for any other costs as a result of the judgment setting aside or vacating the judgment of paternity or support. (Amends R.S. 9:406; adds R.S. 9:399.1)
SB 260 Jackson, Lydia, Act 533. Effective Aug. 15, 2008

Provides for domestic abuse assistance; temporary restraining orders; expands the scope of protection of a TRO; awards or restores possession of separate property, personal property and pets; protective orders; medical evaluations; payment of attorney fees for costs of enforcement and modifications proceedings and appeals. (Amends R.S. 46:2136(A)(4) and 2136.1 and Ch.C. Art. 1570.1(A); adds R.S. 46:2135(A)(6) and (7) and Ch.C. Arts. 1569(A)(6) and (7) and 1570(A)(5))
SB 264 Quinn, Act 411. Effective June 21, 2008

Law Institute. Revision of law on emancipation of minors. C.C. Art. 368 retains the concept of limited emancipation by authentic act and increases the age of eligibility from 15 to 16; C.C. Art 2318 (acts of a minor) clarifies the types of emancipation that will relieve parents from tort liability for their minor children. (Amends Chapter 2 of Title VIII of Book I of the Civil Code formerly comprised of Arts. 365-385, to comprise Arts. 365-371, C. C. Art. 2318, and Title V of Book VII of the C.C.P., formerly comprised of Arts. 3991-3994, to comprise Arts. 3991-3998)
SB 265 Quinn, Act 786. Effective Jan. 1, 2009

Requires parent to exercise rights to the child in accordance with a court-ordered schedule of visitation, custody, or time to be spent with a child unless good cause is shown; provides an action for failure to exercise rights; terms, conditions, and procedures; and provides for judgments, awards and orders. (Amends R.S. 9:346; adds C. C. Art. 136.1; repeals R.S. 9:347)
SB 492 Quinn, Act 671. Effective Aug. 15, 2008

Provides for notice of rights of natural parents relative to intrafamily adoptions, appointment of counsel, and burden of proof. (Amends Ch.C. Arts. Article 1245(A) and 1247(B); adds Ch.C. Art. 1245.1)
SB 758 Broome, Act 778. Effective Aug. 15, 2008

Adds to legislative findings that attorneys and other professionals should participate in multidisciplinary interaction concerning a child in child abuse and neglect cases. (Amends Ch.C. Art. 551)
SB 781 Jackson, Lydia, Act 567, eff. June 30, 2008; HB 1214 Schroder, Act 752. Effective Aug. 15, 2008

Criminal law
Prohibits release of defendant on his own recognizance or on the signature of any other person after arrested for a crime of violence. (Adds C.Cr.P. Art. 334.2)
HB 28 Richmond, Act 66. Effective Aug. 15, 2008

Adds the failure to obey a stop sign, yield sign, or traffic control signal to the list of aggravating circumstances with regard to the crime of aggravated flight from an officer. (Adds R.S. 14:108.1(D)(5) and (6))
HB 33 Greene, Act 3. Effective Aug. 15, 2008

Increases the criminal penalties for offenses involving intimidating, impeding, or injuring witnesses in a criminal proceeding. (Amends R.S. 14:129.1)
HB 45 Leger, Act 4. Effective Aug. 15, 2008

Reorganizes Schedules I, II, III, and V of the Uniform Controlled Dangerous Substances Law to make provisions consistent with federal DEA controlled substances designations. (Amends R.S. 40:964 (Schedule I)(A), (B)(14), (C), (D)(1) and (2), and (E), (Schedule II)(A)(1) and (i)-(q), (B), (C) and (1) and (2), (D) and (2)-(4), and (E), and (Schedule III)(A), (B), (D)(2), and (E); adds R.S. 40:964 (Schedule II)(A)(1)(r) and (6),(C)(3), (D)(5) and (6), and (F) and (Schedule V)(A)(6), (C), and (D); repeals R.S. 40:964 (Schedule III)(A)(5))
HB 46 Mills, Act 67. Effective Aug. 15, 2008

Creates the crime of “illegally supplying a felon with ammunition.” (Adds R.S. 14:95.1.2)
HB 73 Badon, Austin, Act 622. Effective Aug. 15, 2008

Creates the crime of “home invasion.” (Adds R.S. 14:62.8)
HB 96 White, Act 6. Effective Aug. 15, 2008

Requires DPS&C, at request of registered crime victims, to take all reasonable steps to provide current photographs of inmates prior to release. (Adds R.S. 46:1844(N)(4))
HB 126 Baldone, Act 70. Effective Aug. 15, 2008

Creates the crime of “unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes.” (Adds R.S. 14:70.7)
HB 137 Hill, Act  253. Effective Aug. 15, 2008

Creates the crime of “criminal damage to property by defacing with graffiti.” Repeals criminal mischief law. (Adds R.S. 14:56.4; repeals R.S. 14:59(A)(10))
HB 163 Ligi, Act 8. Effective Aug. 15, 2008

Removes requirement that the child died as a result of receiving a battery in order to apply the minimum mandatory sentences for manslaughter and negligent homicide when the victim is under the age of 10 years. (Amends R.S. 14:31(B) and 32(C))
HB 185 Baldone, Act 10. Effective Aug. 15, 2008

Creates the crime of “forgery of a certificate of insurance or insurance identification card.” (Adds R.S. 14:72.1.1)
HB 241 Wooton, Act 628. Effective Aug. 15, 2008

Authorizes inmates convicted of certain controlled dangerous substances violations to be eligible for work release programs. (Amends R.S. 15:711(G) and 1111(I))
HB 268 Guillory, Elbert, Act 31. Effective Aug. 15, 2008

Creates the crime of “theft of a motor vehicle.” Requires person who alleges a theft of a motor vehicle to sign an affidavit. Provides penalties for filing a false affidavit to support an alleged theft. (Adds R.S. 14:67.26)
HB 413 Wooton, Act 633. Effective Aug. 15, 2008

Prohibits communication between an offender and a victim of a crime of violence, punishable by a maximum penalty of $500 or six months imprisonment. Provides for exceptions, including when the victim consents to the communication. (Adds R.S. 46:1846)
HB 634 Ponti, Act 291. Effective  Aug. 15, 2008

DWI. Adds that the10-year cleansing period for determining whether a defendant has a prior DWI conviction does not include time in which the defendant is awaiting trial, on probation, or under an order of attachment for failure to appear. (Amends R.S. 14:98(F)(2))
HB 643 Schroder, Act 640. Effective Aug. 15, 2008

Creates the crime of “home improvement fraud.” Provides for affirmative defenses for some of the elements of the crime; penalties.  (Adds R.S. 14:202.1)
HB 662  Willmott, Act 292. Effective Aug. 15, 2008

Creates the crime of “public display of a noose on property of another or public place; intent to intimidate.” (Adds R.S. 14:40.5)
HB 726 Hardy, Act 643. Effective Aug. 15, 2008

DWI driver’s license suspension or revocation. Requires DPS&C to forward a record of a case to the Division of Administrative Law within 60 days of arrest. Requires Division of Administrative Law to schedule a hearing after receiving the record, repeals law regarding hearing delays and re-scheduling hearings, allows granting of a continuance of a hearing. (Amends R.S. 32:667(D) and (E))
HB 885 Wooton, Act 647. Effective Aug. 15, 2008

Removes the age restriction from the definition of “disabled person” for the crime of identity theft. (Amends R.S. 14:67.16(A)(1); adds R.S. 14:67.16(A)(3))
HB 1126 Pope, Act 95. Effective Aug. 15, 2008

Adds as a condition of probation that defendant agrees to searches by the probation officer or the parole officer, with or without a warrant, when there is reasonable suspicion to believe he is engaged in or has been engaged in criminal activity. (Adds C.Cr.P. Art. 895(A)(13))
HB 1136 Pearson, Act 655. Effective Aug. 15, 2008

Doubles fines imposed for motorists who violate speed limit laws in highway construction zones where construction workers are present. (Amends R.S. 32:57(H))
HB 1151 Gisclair, Act 168. Effective Aug. 15, 2008

Creates the crime of “theft of copper from a religious building or cemetery or graveyard.” (Adds R.S. 14:67.26)
HB 1243 LaFonta, Act 657. Effective Aug. 15, 2008

Changes the elements of the crimes of felony and misdemeanor carnal knowledge of a juvenile. (Amends R.S. 14:80(A) and 80.1(A))
HB 1324 Jackson, Girod, Act 331. Effective Aug. 15, 2008

Adds intentional damaging of rental property to crime of “simple criminal damage to property” and authorizes restitution. (Amends R.S. 14:56(A); adds R.S. 14:56(B)(4))
HB 1352 Guillory, Mickey, Act 97. Effective Aug. 15, 2008

Revisions to the sex offender registration and notification provisions. (Amends R.S. 15:241, 541(1)(d), (e), (f), (g), (h), (i), (j), and (k), (14.1), and (14.2)(a) and (f), 542(C)(2), 542.1(A)(1)(e) and (2)(a), 542.1.1(A)(1) and (B), 542.1.3(A), (B), and (F), 542.1.5(A)(1), (2)(a), and (F), 542.1.6, 543(B) and (6), 543.1, and 544(A), (B), (C), and (D)(3) (d); adds R.S. 15:541(1)(l) and (m), 542.1.3(H), and 544(D)(4) and (E); repeals R.S. 15:541(14.2)(k) and 15:542.1.1(A)(4))
HB 1373 Baldone, Act 816. Effective Aug. 15, 2008

Creates the crime of “unlawful posting of criminal activity for notoriety and publicity” to prohibit the participants in a crime from posting their criminal activity on the Internet.  (Adds R.S. 14:107.4)
HB 1374 Norton, Act 660. Effective Aug. 15, 2008

Expands crime of “battery of a child welfare worker” to include battery of an adult protective services worker. (Amends R.S. 14:35.1(A)(1) and (B); adds R.S. 14:35.1(A)(3))
SB 52 Martiny, Act 43. Effective June 20, 2008

Allows for issuance of a citation instead of arrest of persons with an outstanding warrant for violating traffic provisions and certain non-violent offenses. (Adds C.Cr.P. Art. 211.5)
SB 71 Martiny, Act 223. Effective June 16, 2008

Motion to reconsider sentence. Adds that in the event a defendant alleges mutual mistake in the sentence imposed upon conviction pursuant to C.Cr.P. Art. 893 was in error and the prosecuting authority, the court, and the defendant intended that the imposition of sentence was to be deferred, defendant may file a motion to reconsider the sentence for the sole purpose of considering that issue. The motion must be filed within two years of the date of successful completion of the probation imposed in the sentence. If the court finds that a mutual mistake exists and that the defendant was in all other respects eligible for the benefits of C.Cr.P. Art. 893, the defendant is entitled to the benefits of the article. (Adds C.Cr.P. Art. 881.1(A)(3))
SB 80 Martiny, Act 395. Effective June 21, 2008

Allows traffic citations to be issued as electronic tickets or e-tickets if meeting the requirements of R.S. 32:398.1 and approved by the commissioner. Defines an “electronic ticket” or “e-ticket” as a ticket that is electronically generated and transmitted. Adds the requirement that the arresting officer’s original or electronic signature shall be affixed to the summons. (Amends R.S. 32:391(A) and 398.1(A))
SB 140 Martiny, Act 175. Effective Aug. 15, 2008

Prohibits a “sex offender” from wearing a mask, hood or disguise during certain holidays and from distributing candy or other gifts on certain holidays to persons under 18. (Amends R. S. 14:313(C); adds R.S. 14:313 (E) and 313.1)
SB 143 Gautreaux, Nick, Act 400. Effective Aug. 15, 2008

Chemical/physical castration. Authorizes administration of a schedule of medroxyprogesterone acetate (MPA), in addition to the prescribed penalty, upon a first conviction of aggravated. rape, forcible rape, second degree sexual battery, aggravated incest, aggravated crime against nature, and molestation of a juvenile under the age of 13 years. Requires MPA upon conviction of a second or subsequent offense. Authorizes defendant to choose physical castration in lieu of MPA. (Adds R.S. 14:43.6)
SB 144 Gautreaux, Nick, Act 441. Effective June 25, 2008

Adds to crime of “criminal abandonment,” the intentional physical abandonment of an aged or disabled person by a caregiver who is compensated for providing care. (Amends R.S. 14:79.1(A))
SB 237 Thompson, Act 177. Effective June 12, 2008

Crime of “jumping bail” includes a failure to appear when ordered to do so by the court. Creates a rebuttable presumption that the defendant received notice to appear in court when the provisions of C.Cr.P. 322 and 344 have been established by the state. (Amends R.S. 14:110.1(A))
SB 263 Smith, Act 54. Effective Aug. 15, 2008

Allows exception to hearsay rules for introduction of foreign business records in criminal proceedings, provides for definitions, terms and conditions, and for certain criteria. (Adds C.E. Art. 803.1)
SB 303 LaFleur, Act 178. Effective Aug. 15, 2008

Law Institute. Revision of the Criminal Code and the Code of Criminal Procedure, provides for probation in felony and misdemeanor cases assigned to the drug division probations program, second degree murder, criminal penalties for negligent homicide, requires court to issue reasons at sentencing, vehicular homicide, third degree feticide, terrorizing, and operating a vehicle while intoxicated. (Amends C.Cr.P. Art. 895(B); R.S. 14:30.1(A)(2), 32(C), 32.1(A), 32.8(A)(2) and (c), 40.1(B), and 98(F)(2); adds C.Cr.P. Art. 894(A)(6), R.S. 14:32.8(A)(2)(d), (e), and (f), and R.S. 14:40.1(C))
SB 382 Martiny, Act 451. Effective June 25, 2008

Prohibits the use of peremptory challenges based solely upon gender. (Amends C.Cr.P. Art. 795(C), (D), and (E))
SB 461 Gray, Act 669. Effective Aug. 15, 2008

Provides for sentencing of adults for certain crimes committed as a child, adults charged for crimes committed as a child, requirements of sentencing. (Adds Ch.C. Art. 857(C) and C.Cr.P. Art. 876)
SB 469 Dupre, Act 670. Effective Aug. 15, 2008

Mental capacity. Changes the burden of proof from clear and convincing to a preponderance of evidence for determination of the mental capacity to proceed with criminal prosecution; provides for procedure after determination of mental capacity, criteria, and repeals provisions authorizing the release of a defendant on probation. (Amends C.Cr.P. Art. 648(A), (B)(1), and (B)(3); adds C.Cr.P. Art. 948(A)(2)(c); repeals C.Cr.P. Art. 648(B)(2))
SB 474 Gray, Act 861. Effective July 9, 2008

Increases penalties for computer-aided solicitation of minors, repeals consent defenses, adds crime to list of crimes not eligible for diminution of sentence for good behavior. (Amends R.S. 14:81.3(B)(1) and (C) and R.S. 15:537(A))
SB 510 Amedee, Act 461. Effective June 25, 2008

Adds “gambling by computer” to the gambling provisions on seizure and disposition of evidence, property and proceeds; provides for disposition of seized evidence, property and paraphernalia; and adds fines and penalties. (Amends R.S. 14:90.1)
SB 511 Amedee, Act 673. Effective July 1, 2008

Increases minimum penalty for molestation of a juvenile. (Amends R.S. 14:81.2(B) and (C))
SB 514 Amedee, Act 426. Effective Aug. 15, 2008

DWI. Provides for an electronic signature of an officer issuing a report that a person submits or refuses to submit to a chemical test, provides for certification of the report and penalties for false certification of the report. (Amends R.S. 32:666(B) and (C); adds R.S. 14:126.4)
SB 752 Walsworth, Act 240. Effective Aug. 15, 2008

Adds mandatory minimum sentence when a child 12 years or younger is present in the home where amphetamine or methamphetamine is produced. (Amends R.S. 40:967(B)(3))
SB 775 Nevers, Act 477. Effective Aug. 15, 2008

Immunities
Extends immunity for health care providers gratuitously rendering emergency care during a declared state of emergency from the area subject to the declaration to anywhere services are rendered in the state as a result of the emergency. (Amends R.S. 29:735.2(A))
HB 53 Mills, Act 480. Effective Aug. 15, 2008

Creates the peer review committee within the Louisiana Real Estate Appraisers Board. Immunity for those acting within the scope of their function as a committee or board member and without malice. (Adds R.S. 37:3395.1)
HB 156 Arnold, Act 197. Effective Aug. 15, 2008

Emergency preparedness. Provides relative to evacuations, curfews, and essential or critical workforce during a disaster or state of emergency. No cause of action against state for damages, death or injury for person who refuses forced evacuation. (Amends R.S. 29:723(3.1); adds R.S. 29:723(3.2), (3.3), and (3.4) and 730.3)
HB 495 Lopinto, Act 214. Effective June 16, 2008

Immunity for certain “agritourism” activities. “Agritourism” means the travel or visit by the general public to a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation. Agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, provided that a specific warning is posted. Must plead as an affirmative defense. (Adds R.S. 9:2795.5)
HB 633 Anders, Act 591. Effective Aug. 15, 2008

Immunity for nonprofit religious organizations that gratuitously render evacuation services and other assistance prior to a storm declared by NOAA and for services rendered during a declared state of emergency. (Adds R.S. 9:2793.9)
HB 1127 Hutter, Act 318. Effective Aug. 15, 2008

Authorizes a person to transport or store a firearm in a locked, privately owned motor vehicle in any parking lot, parking garage, or other designated parking area. No property owner, tenant, public or private employer, or business entity or its agent or employee is liable in any civil action for damages resulting from or arising out of an occurrence involving a firearm transported or stored in the motor vehicle. Statute does not apply to property where the possession of firearms is prohibited under state or federal law. (Adds R.S. 32:292.1)
SB 51 McPherson, Act 684. Effective Aug. 15, 2008

Immunity for medical personnel, regardless of compensation, for evacuation or treatment during a declared state of emergency when following a disaster medicine protocol and at the direction of military or government authorities. (Adds R.S. 29:735.3)
SB 301 Chaisson, Act 538. Effective June 30, 2008

Immunity for medical personnel who, regardless of compensation, render or fail to render treatment or first aid during a declared state of emergency when the emergency affects the rendering of medical care. (Adds R.S. 37:1731.1)
SB 330 Chaisson, Act 539. Effective June 30, 2008

Immunity for physician who gratuitously volunteers to supervise a licensed health care professional performing ultrasound procedures at a nonprofit pregnancy resource center. (Adds R.S. 37:1732.1)
SB 353 Gautreaux, Nick, Act 417. Effective June 21, 2008

Practice and procedure
Authorizes the court to order structured settlements in final judgments that involve minor children. (Amends C.C.P. Art. 4521; adds C.C.P. Arts. 4272(C) and 4522)
HB 133 Lopinto, Act 716. Effective Aug. 15, 2008

Law Institute. Revision of law on domicile. (Amends C.C. Arts. 38-46; adds C.C.P. Art. 11)
HB 158 Lorusso, Act 801. Effective Jan. 1, 2009

Law Institute. Provides the criteria for things to be considered component parts of immovable property. Act may not be interpreted, relative to sales and use tax, to change the characterization of movables as tangible personal property prior to their attachment to a building or other construction. (Amends C.C. Arts. 466 and 508)
HB 388 Greene, Act 632. Effective July 1, 2008

Requires a certification to confirm a default judgment for a 103(1) divorce that includes information regarding the type and date of service, the date a preliminary default was entered, a certification by the clerk that the record was examined, and a statement that no opposition has been filed.  (Amends C.C.P. Art. 1702(E))
HB 393 Greene, Act 354. Effective June 21, 2008

Venue for an action to collect on a promissory note is the parish of the debtor’s domicile or where the promissory note was executed. (Amends C.C.P. Art. 74.4)
HB 424 Greene, Act 357. Effective June 23, 2008

Law Institute. Revision of law on donations. (Amends C.C. Arts. 1467-1469 and 1523-1569.1)
HB 527 Burns, Tim, Act 204. Effective Jan. 1, 2009

Law Institute. Revision of the Code of Civil Procedure; adds “peremption” and “discharge in bankruptcy” to the objections raised by the peremptory exception; eliminates certain defenses from affirmative defenses and further updates the article on affirmative defenses; adds electronically stored information to the provision for subpoena duces tecum and provides for compliance and objections to the subpoena duces tecum in line with federal procedure, mainly by including requests for electronically stored information, and by allowing the subpoenaed party to reply to a subpoena duces tecum with written objections; provides for the service of subpoenas by private persons without the need of a motion and order; provides for the failure to comply with an order compelling discovery; provides for pretrial conferences and orders; provides for the preparation of judgments and signing of judgments; and provides for the use of summary proceedings. (Amends C.C.P. Arts. 927, 1005, 1354, 1355, 1471, 1551(A), 1916, and 2592; repeals C.C.P. Art. 1913(E))
HB 548 Foil, Act 824. Effective Jan. 1, 2009

Law Institute. Revises provisions on charitable trusts and charitable donations. (Amends R.S. 9:2271-2275, 2283, and 2291; adds R.S. 9:2290; repeals R.S. 9:2276-2280 and 2292-2295)
HB 605 Burns, Tim, Act 637. Effective Jan. 1, 2009

Adds knowledge element where employers must be convicted of “knowingly” authorizing a driver to operate a commercial motor vehicle in violation of certain laws or other orders to be subject to civil penalties. (Amends R.S. 32:427(A)(4) and (5))
HB 785 Hutter, Act 88. Effective Aug. 15, 2008

Authorizes a recorder to adopt a written contract between the clerk of court and the filer that complies with the Louisiana Uniform Electronic Transactions Act, R.S. 9:2601 et seq. Repeals the requirement to file the original within 10 days of the electronic filing. (Amends C.C.P. Art. 258(A) and (C))
HB 828 Henry, Act 368. Effective Aug. 15, 2008

Requires a motion and hearing when subpoenas are issued to legislative support personnel seeking their testimony regarding legislative activities or duties. (Amends R.S. 13:3667.3(B) and (C), R.S. 49:956.1, C.C.P. Art. 1469(5), and C.Cr.P. Art. 740; adds R.S. 3:3667.3(D) and (E))
HB 1004 Connick, Act 374. Effective June 21, 2008

Authorizes the appointment of an agent for service of process for any trust created to provide for the payment of settlement of claims or judgments as provided in R.S. 22:5(9)(b) or to pool liabilities as provided in R.S. 16 23:1195. Requires the secretary of state and recorder of mortgages to maintain a permanent record of agents. (Adds R.S. 9:2242)
HB 1179 Foil, Act 325. Effective Aug. 15, 2008

Health care privilege. Authorizes delivery by fax of the notice of the health care privilege against proceeds recovered by injured persons. Requires notice by certified mail if a signed receipt of the fax is not obtained within seven days; taxes costs of mailing as court costs. (Amends R.S. 9:4753)
HB 1230 Barras, Act 611. Effective Aug. 15, 2008

Specifies that trial court maintains jurisdiction to convert a suspensive appeal to a devolutive appeal when bond is not posted. (Adds C.C.P.Art. 2088(B))
HB 1286 Lambert, Act 658. Effective Aug. 15, 2008

Adds mandatory and permissive grounds for recusal of a judge in civil matters. (Amends C.C.P. Art. 151(A) and (B))
HB 1386 Ponti, Act 663. Effective Aug. 15, 2008

Law Institute. Revision of law on emancipation of minors. C.C. Art. 368 retains the concept of limited emancipation by authentic act and increases the age of eligibility from 15 to 16; C.C. Art 2318 (acts of a minor) clarifies the types of emancipation that will relieve parents from tort liability for their minor children. (Amends Chapter 2 of Title VIII of Book I of the Civil Code formerly comprised of Arts. 365- 385, to comprise Arts. 365 -371, C. C. Art. 2318, and Title V of Book VII of the C.C.P., formerly comprised of Arts. 3991-3994, to comprise Arts. 3991-3998)
SB 265 Quinn, Act 786. Effective Jan. 1, 2009

Daubert. Requires court, upon motion of any party providing sufficient allegations of need, to hold a contradictory pretrial hearing to determine whether a witness qualifies as an expert or whether the methods employed by the witness are reliable under C.E. Art. 702-705. Court must hold the hearing and issue a ruling no later than 30 days before trial. Court may allow live testimony for good cause shown. C.E. Art. 104(A) is the evidentiary standard used at the hearing. Court must provide specific findings of fact, conclusions of law and reasons for judgment to support its ruling. Reasons must include the elements required by C.E. Art. 702-705. All or a portion of the court costs incurred, including expert witness fees and costs, in the discretion of the court, may be assessed to the non-prevailing party at the conclusion of the hearing on the motion. Parties may consent to different time limits for motion, hearing and ruling prior to trial. Act exempts divorce, successions and actions filed to recover covered losses that resulted from hurricanes Katrina or Rita. Effective Jan. 1, 2009, except act becomes effective April 1, 2009, for actions set for trial between Jan. 1, 2009, and April 1, 2009.  (Amends C.C.P. Art. 1425(C); adds 425(F))
SB 308 Donahue, Act 787. Effective Jan. 1, 2009 (See bill.)

Medical records. Requires health care provider to provide, on request and at no extra charge, a certification page setting forth the completeness of records on file. Authorizes an insurance company or its counsel to obtain a copy of medical records after a claim has been made, rather than only after suit has been filed. Creates the Health Care Information Technology and Infra-structure Advisory Collaborative. (Amends R.S. 40:1299.96(A)(2)(b); adds R.S. 40:1299.96.1)
SB 332 Thompson, Act 763. Effective July 6, 2008

Expands provisions for legislative continuances and extensions in cases requiring the presence of a legislator or legislative employee. (Amends R.S. 13:4163)
SB 543 Quinn, Act 865. Effective Aug. 15, 2008

Property, casualty insurance
Citizens. Adds St. Mary Parish to those parishes exempt from the 10 percent surcharge on rates charged by the Louisiana Citizens Property Insurance Corp. (Amends R.S. 22:1430.12(D))
HB 302 Jones, Sam, Act 347. Effective Aug. 15, 2008

Specifies that fraudulent insurance acts include abetting another in making a false statement concerning a claim to the Department of Insurance or making a false statement concerning any fact material to an insurance policy. Manufacturing a fake proof of insurance card is a felony punishable by up to five years in prison and $5,000. Mere possession is a misdemeanor. Requires restitution to insurer. (Amends R.S. 22:1243(A) and 1244(A); adds R.S. 22:1242(1)(h) and (i))
HB 333 Kleckley, Act 15. Effective Aug. 15, 2008

Citizens. Authorizes chief executive officer of Louisiana Citizens Property Insurance Corp. to survey all insurers for ratemaking, requires confidentiality and exempts information from the public records law. (Amends R.S. 22:1430.12 (A)(2) and (C) and R.S. 44:4.1(B)(10))
HB 385 Kleckley, Act 211. Effective Aug. 15, 2008

LIGA. Extends the $25 million net worth exclusion under Louisiana Insurance Guaranty Association statute to any insured for whom coverage would allegedly be owed. (Amends R.S. 22:1379(3)(f))
HB 481 Abramson, Act 109. Effective Aug. 15, 2008

Authorizes rate reduction for automobile insurance coverage on vehicles equipped with technology that aids in the recovery of stolen vehicles. (Amends R.S. 22:1404(E) and (F); adds R.S. 22:1404(G))
HB 606 Lopinto, Act 132. Effective June 6, 2008

Increases the minimum limits for compulsory motor vehicle liability insurance from 10/20/10 to 15/30/25. Increases no-pay/no-play uninsured motorist penalty from $10,000 for bodily injury and $10,000 for property damage to $15,000 and $25,000, respectively. Applies to new policies issued on or after Jan. 1, 2010, and existing policies on renewal after Jan. 1, 2010. (Amends R.S. 32:861(B)(2), (C)(1)(a) and (b), 866(A)(1) and (F), 894(A), and 900(B)(2)(a), (b), and (c))
HB 1312 Ponti, Act 921. Effective Jan. 1, 2010 (See act.)

Authorizes insurers to give a 10 percent discount to active military personnel on homeowners insurance coverage. (Adds R.S. 22:1425.1)
HB 1375 Jackson, Girod, Act 849. Effective Aug. 15, 2008

Requires Department of Public Safety and Corrections to develop and implement a pilot program to provide a database for proof of compliance with Motor Vehicle Safety Responsibility Law. (Adds R.S. 32:863.2(F))
SB 16 Cravins, Act 851. Effective July 9, 2008

Citizens. Requires that the Louisiana Citizens application form state that it is an insurer of last resort and that the applicant be denied coverage by another carrier to be eligible. Prohibits an applicant from appealing the denial of coverage by the corporation if the applicant has not been denied coverage by another carrier. (Amends R.S. 22:1430.11(A) and (D))
SB 17 Cravins, Act 388. Effective June 21, 2008

Prohibits insurers from including fines and penalties in rate filings. (Amends R.S. 22:1402.2(B)(1))
SB 149 Cravins, Act 402. Effective June 21, 2008

Homeowners insurance. Allows insurers to apply different named storm or hurricane deductibles in different areas of the state. Limits deductible set under this provision to maximum of 4 percent of the value of the property and insurer must decrease premium if it raises the deductible (if actuarially justified). No homeowners policy may apply more than one deductible to a loss from a single incident. (Adds R.S. 22:635.3(D), (E) and (F) and 636.2 (E), (F) and (G))
SB 160 Cravins, Act 854. Effective July 9, 2008

LIGA. Changes the limits of liability of the Louisiana Insurance Guaranty Association from $150,000 to $300,000 combined single limits. Act applies prospectively only and to covered claims that arise out of a liquidation preceding that is commenced on or after August 15, 2008. (Amends R.S. 22:1382(A)(1)(a))
SB 240 Cravins, Act 687. Effective Aug. 15, 2008

Reorganizes and recodifies the Louisiana Insurance Code. Directs the Law Institute to redesignate and renumber the current provisions of Title 22 into a new format and number scheme without changing the substance of the provisions. (Amends R.S. 22:1-2371)
SB 335 Cravins, Act 415. Effective Jan. 1, 2009

Creates the homeowner policy premium assistance program to provide assistance as long as funds are available in the Insure Louisiana Incentive Program Fund. (Amends R.S. 22:3304(D) and (F) and R.S. 36:696(B); adds R.S. 22:3312)
SB 588 Cravins, Act 469. Effective Aug. 15, 2008

Consumer protection
Changes Louisiana Recovery Authority membership and terms of office of the board of directors; transfer of the authority to the Division of Administration; provides for powers, duties, and functions of the authority, the board, and the executive director. (Amends R.S. 36:4(H) and R.S. 49:220.4(A)(1) and (B)(1)-(4) and 220.5(A)(2) and (D)(4))
HB 622 Tucker, Act 639. Effective July 1, 2008

Amends Louisiana Road Home Housing Corp. Act to provide for the powers and responsibilities of the Road Home Corp. and the Louisiana Land Trust; binding effect on certain appraisals; prohibits certain forced sales of property; review of certain decisions of the office of community development; and provides for certain uses of Road Home funds. (Adds R.S. 40:600.66(A)(7) and (B))
SB 755 Hebert, Act 872. See bill for effective date.

Professional liability/malpractice
Extends immunity for health care providers rendering emergency care during a declared state of emergency from the area subject to the declaration to anywhere services are rendered in the state as a result of the emergency. (Amends R.S. 29:735.2(A))
HB 53 Mills, Act 480. Effective Aug. 15, 2008

Telemedicine. Allows for medical malpractice liability coverage for a state health care provider who is performing voluntary professional or “telemedicine” services in a health care facility or institution for or on behalf of the state. (Amends R.S. 40:1299.39 (A)(1)(a)(ii))
HB 193 Katz, Act 717. Effective Aug. 15, 2008

Telemedicine. Allows an actual examination of a patient conducted by a psychiatrist to be conducted by telemedicine utilizing video conferencing technology. (Amends R.S. 28:53(B)(1), (F), (G)(2), (J)(1) and (3); adds R.S. 28:53(B)(4))
HB 653 LaBruzzo, Act 153. Effective Aug. 15, 2008

Allows electronic signature for medical consent and other transactions. Allows electronic signature authentication and identification to be used for an individual who participates in agreements, authorizations, contracts, records, or transactions that involve individually identifiable health information, including medical records and recordkeeping, transfer of medical records, medical billing, health care proxies, health care directives, consent to medical treatment, medical research, and organ and tissue donation or procurement. (Amends R.S. 40:1299.40(A)(1), (B), and (E)(6); adds R.S. 40:1299.40.1)
HB 954 Ellington, Act 738. Effective July 3, 2008

Establishes an Emergency/Disaster Medicine Review Panel to render an advisory opinion as to whether the clinical judgment of medical personnel was in good faith prior to the institution of criminal prosecution for acts arising out of the rendering of, or failure to render, medical services during a state of disaster, medical emergency, or public health emergency; establishes the panel’s membership and processes; and provides for confidentiality in subsequent civil or criminal proceedings. (Adds R.S. 29:735.3 and R.S. 40:1299.39.3)
HB 1379 Tucker, Act 758. Effective Aug. 15, 2008

Telemedicine. Requires a license to practice telemedicine. Authorizes the Louisiana State Board of Medical Examiners (LSBME) to establish the criteria to issue a license. Defines “telemedicine” as the practice of health care delivery, diagnosis, consultation, treatment, and transfer of medical data using interactive telecommunication technology. Excludes from the definition a telephone conversation, an electronic mail message between a health care practitioner and patient, and a true consultation as defined by LSBME. Effective upon the final adoption of rules and regulations promulgated by LSBME. (Amends R.S. 37:1271; adds R.S. 37:1262(4) and 1276.1)
HB 1384 Marchand, Act 850. See bill for effective date.

Telemedicine. Amends Louisiana Administrative Code. Authorizes a physician to conduct a physical examination by telemedicine utilizing videoconferencing technology upon the initial admission of the patient in an intensive outpatient addiction treatment program  provided that a licensed health care professional is in the examination room with the patient at the time of the video conference. (Amends LAC 48:I.7441(A)(1))
HCR 70 LaBruzzo

Telemedicine. Requests the House and Senate committees on insurance to study mandating health insurance coverage of telemedicine, including cost estimates of mandating such coverage by the Office of Group Benefits and the private insurance industry.
HCSR 3 Marchand

Immunity for medical personnel for evacuation or treatment during a declared state of emergency when following a disaster medicine protocol and at the direction of military or government authorities. (Adds R.S. 29:735.3)
SB 301 Chaisson, Act 538. Effective June 30, 2008

Immunity for medical personnel who, regardless of compensation, render or fail to render treatment or first aid during a declared state of emergency when the emergency affects the rendering of medical care. (Adds R.S. 37:1731.1)
SB 330 Chaisson, Act 539. Effective June 30, 2008

Immunity for physician who gratuitously volunteers to supervise a licensed health care professional performing ultrasound procedures at a nonprofit pregnancy resource center. (Adds R.S. 37:1732.1)
SB 353 Gautreaux, Nick, Act 417. Effective June 21, 2008

Patient’s Compensation Fund (PCF). Defines claimant in medical malpractice action; requires copy of complaint to be sent by certified mail to PCF; requires written notice of trial date; allows PCF to intervene in lawsuits under certain circumstances; shifts the responsibility for costs from the PCF to the health care provider and his insurer under certain circumstances. Provisions amending R.S. 40:1299.42(B)(2) are intended to be consistent with Held v. Aubert, 2002-1486 (La.App. 1 Cir. 05/09/03) to the extent that it held that a health care provider could be liable for costs awarded pursuant to C.C.P. Art. 970, and to legislatively overrule LeRay v. Bartholomew, 03-1370 (La.App. 5 Cir. 03/30/04) to the extent it held that the Medical Malpractice Act limiting a health care provider’s liability to $100,000 plus interest did not extend liability to costs. R.S. 40:1299.42(B)(2) applicable to all complaints filed in court on or after Jan. 1, 2009. (Amends R.S. 40:1299.41 (E)(1), 1299.42(A)(3) and (B)(2), 1299.44 (A)(4), 1299.47(A)(1)(e); adds R.S. 40:1299.41(A) (22), 1299.44(D)(2)(b)(xiv) and (xv) and (E))
SB 652 Michot, Act 558. Effective Aug. 15, 2008 (See bill.)

Prescription
Reduces the prescriptive period for setting aside the sale of an immovable by a domestic or foreign corporation or unincorporated association from 10 years to five years. Retroactive and applies to all documents recorded prior to or after Aug. 15, 2008, but if prescription has not already run and become final, the period does not become final until 10 years from recordation or Aug. 15, 2013, whichever occurs first. (Amends R.S. 9:5681(A) and (D))
HB 815 Abramson, Act 367. Effective Aug. 15, 2008 (See bill.)

Reduces the prescriptive period to set aside a document executed under an unauthorized or invalid power of attorney from 10 years to five years. Retroactive and applies to all documents recorded prior to or after Aug. 15, 2008, but if prescription has not already run and become final, the period does not become final until 10 years from recordation or Aug. 15, 2013, whichever occurs first. (Amends R.S. 9:5682)
HB 863 Abramson, Act 371. Effective Aug. 15, 2008 (See bill.)

Adds departments, agencies, and political subdivisions to the definition of state for R.S. 9:5685 (10-year prescriptive period against the state). Allows a political subdivision or municipality to reinscribe judgments, liens, and privileges. (Amends R.S. 9:5685)
HB 1356 Abramson, Act 848. Effective Aug. 15, 2008

Adds that there is no interruption of prescription from either the giving or the failure to give the required 30-day notice of intent to file a civil suit claiming employment discrimination. (Adds R.S. 23:303(E))
SB 679 Kostelka, Act 793. Effective Aug. 15, 2008

Jurisdiction and venue
Increases the civil jurisdictional amount in dispute for justice of the peace courts from $3,500 to $5,000. (Amends C.C.P. Arts. 4911(A) and 4912(A)(1) and (B))
HB 129 Monica, Act 338. Effective Aug. 15, 2008

Authorizes a constable of a justice of the peace court to effectuate service of process parishwide for any case before that court. (Adds R.S. 13:2586(F))
HB 138 Geymann, Act 340. Effective Aug. 15, 2008

Increases the civil jurisdictional threshold in the City Court of Slidell, small claims division, from $3,000 to the same amount as is established for civil jurisdiction in a justice of the peace court. (Adds R.S. 13:5202(E))
HB 143 Cromer, Act 195. Effective Aug. 15, 2008

Increases the jurisdictional limit for civil suit filing in the City Court of Jennings from $15,000 to $30,000. (Amends C.C.P. Art. 4843(F))
SB 55 Morrish, Act 44. Effective Aug. 15, 2008

Judiciary
Establishes the mayor’s court of the City of Central.
HB 10 Richardson, Act 615. Effective July 1, 2008

Authorizes mayor of Central to appoint a court magistrate.
HB 12 Richardson, Act 616. Effective July 1, 2008

Increases court reporter fees for transcriptions in the 37th JDC (Caldwell Parish) from a fee not to exceed $1.50 per page to a fee, as determined by the judge, not to exceed $2.75 per page. (Adds R.S. 13:961(F)(1)(t))
HB 17 Ellington, Act 713. Effective Aug. 15, 2008

Authorizes the appointment of a court magistrate for the mayor’s court in the town of Evergreen.
HB 27 Johnson, Act 192. Effective Aug. 15, 2008

Requires the Judicial Council to adopt standards and guidelines to be applied in determining the necessity of splitting or merging a court and requires the council to submit recommendations to appropriate House or Senate committees before a bill is acted upon.
HB 69 Richmond, Act 621
Effective Aug. 15, 2008


Requires a court to appoint a competent interpreter for a non-English-speaking person who is a principal party in interest or a witness in a proceeding before the court and to order reimbursement of a reasonable amount to the interpreter for his services. (Adds C.C.P. Art. 192.2 and C.Cr.P. Art. 25.1)
HB 79 Richmond, Act 882. Effective Aug. 15, 2008

Authorizes the judges of the 4th JDC (Ouachita Parish) to assign a division of the court as a DWI court. (Amends R.S. 13:587.2(A))
HB 116 Jones, Rosalind, Act 68. Effective Aug. 15, 2008

Authorizes the judges of the 4th JDC (Ouachita Parish) to assign a division of the court as a mental health court. (Amends R.S. 13:587.2(A))
HB 130 Jones, Rosalind, Act 71. Effective Aug. 15, 2008

Increases the judicial qualification requirements for the City Court of Slidell from having been admitted to practice law in the state for five years to eight years. (Amends R.S. 13:2487.2)
HB 144 Cromer, Act 196. Effective Aug. 15, 2008

Extends the period of time a judge elected to fill a vacancy in the Orleans Parish Juvenile Court serves from Dec. 31, 2008, to Dec. 31, 2014. (Amends R.S. 13:621.44(A))
HB 530 Richmond, Act 635. Effective July 1, 2008

Realigns the geographical election sections for first district of 1st Circuit Court of Appeal. (Amends R.S. 13:312(1)(b) and 312.1(A))
HB 854 Lambert, Act 369. Effective Jan. 1, 2009 (See bill for election dates.)

Authorizes Orleans Parish to enforce health, safety, and welfare statutes or ordinances or otherwise seek to eliminate blighted property, unsafe structures and equipment, unlawful structures and structures unfit for human occupancy, housing violations, or public nuisances in any court of competent jurisdiction. Establishes a separate environmental docket of the CDC. (Amends R.S. 33:1373(A), (B), (C), and (D); adds R.S. 13:1140.1)
HB 903 Lorusso, Act 736. Effective July 3, 2008

Creates two additional judgeships in the 22nd JDC with district-wide jurisdiction over family and juvenile matters. Judges are to be elected at large and take office on Jan. 1, 2009. (Amends R.S. 13:621.22)
SB 91 Quinn, Act 344. Effective June 23, 2008

Authorizes the board of aldermen, upon the mayor’s request, to appoint one or more magistrates and one or more prosecutors for mayor’s court.  (Amends R.S. 33:441(B))
SB 147 Martiny, Act 401. Effective Aug. 15, 2008

Postpones the consolidation of the courts of Orleans Parish until Dec. 31, 2014. Act supersedes and controls to the extent it conflicts with SB 625/Act 675. (Amends Sections 19(A), 21(C), 22, 23(C) and (D) and 30 of Act 621 of 2006 and R.S. 13:751.1(A)(2); adds Section 19(C) of Act 621 of 2006 and R.S. 9:203(E)(6))
SB 166 Murray, Act 873. Effective July 9, 2008 (See bill.)

Provides relative to the consolidation of the clerks of court of Orleans Parish to the 41st JDC. Provisions amending R.S. 13:983(L) and Section 8(A)(1) of Act 621 of 2006 R.S. effective Jan. 1, 2009. Remaining provisions effective Aug. 15, 2008. (Amends R.S. 13:841.3 and 983(L), R.S. 44:183(F), and Section 8(A)(1) of Act 621 of 2006)
SB 579 Murray, Act 868. See bill for effective date.

Changes the expiration of the term of office of a judge elected to fill a vacancy of the Orleans Parish Juvenile Court from Dec. 13, 2008, to Dec. 13, 2014. (Amends R.S. 13:621.44(A))
SB 608 Duplessis, Act 674. Effective July 1, 2008

Provides for the consolidation of courts of Orleans Parish to the 41st JDC. Deletes provisions abolishing the Orleans Parish Juvenile Court on Dec. 31, 2014, and provides that successors to office be elected at the congressional election in 2014. (Amends R.S. 13:621.41(B)(1), (D), (E), (F)(1), (H)(1) and (3), 621.43, 621.44(A), 621.45(B), 1136, 1137, 1140(A), (B) and (C), 1335, and 1336; adds R.S. 9:203(E)(6))
SB 613 Murray, Act 879. Effective Aug. 15, 2008

Requires a separate environmental docket for the CDC for the 41st JDC for enforcement of health, safety, and welfare ordinances in Orleans Parish and creation of a reentry division to establish a workforce development sentencing project pilot program. (Amends R.S. 13:1343; adds R.S. 13:621.41(B)(3) and 621.41.1 and R.S. 33:1374)
SB 624 Murray, Act 792. Effective Jan. 1, 2009

Postpones the consolidation of the district courts of Orleans Parish until Jan. 1, 2010.  Section 6 of this act effective on Aug. 15, 2008. See SB 166/Act 873 (Amends Sections 19, 21(C), 22 and 30 of Act 621 of 2006 and R.S. 13:751.1(A)(2); adds R.S. 9:203(E)(6); repeals R.S. 13:621.42(G)(2))
SB 625 Murray, Act 675. See bill for effective date.

Practice of law
Notary powers. Specifies that a person licensed to practice law in this state and who has changed his parish of residence is authorized to exercise the functions of a notary public in every parish of this state. Creates crimes of “unlawful exercise of notary powers” and “unlawful exercise of prior authorized or limited notarial powers.” Secretary of state receives complaints and grants 10-day period to remedy violations. Those that fail to remedy the impediment to their authority are turned over to the appropriate law enforcement or prosecutorial agency for further investigation or prosecution. The authority of the Louisiana Supreme Court to regulate the practice of law supersedes the provision of this chapter with respect to the enforcement of its provisions against an attorney licensed to practice law in this state. R.S. 35:601-604 are retroactive. (Amends R.S. 35:191(P) and 407(B); adds R.S. 35:601-604)
HB 781 Waddell, Act 904. See bill for effective date.

Prohibits the tax commission from employing private counsel on a contingency fee. (Amends R.S. 47:1989.1(B) and 1998.1; and R.S. 47:1835(D)(1) and (4))
SB 288 Kostelka, Act 857. Effective July 9, 2008

Workers’ compensation
Requires the equal allocation of death benefits to dependents of injured workers. (Amends R.S. 23:1232)
HB 535 Ponti, Act 703. Effective Aug. 15, 2008

Requires the collection of filing fees at the time of filing unless a waiver of costs is granted by the Office of Workers’ Compensation Administration. Specifies applicant has five days to pay the filing fee after denial of a waiver or the original pleading is deemed to have no force or effect. (Amends R.S. 23:1310.11)
HB 547 Ponti, Act 704. Effective July 2, 2008

Requires workers’ compensation judge to order the employer to secure workers’ compensation insurance within 90 days or be subject to a cease-and-desist order prohibiting the employer from continuing its business operations until the employer complies and all fines are paid in full. (Amends R.S. 3:1171.1(C)(1))
HB 554 Smith, Patricia, Act 705. Effective Aug. 15, 2008

Creates the Louisiana Workforce Commission. (Amends R.S. 23:1-12, 14(A), 15, 16, 71, 72(1) and (3), 73(A)(1) and (2), (B), (C), (D), and (E)(2), 74, 75(D), 76(C), 1472(1), 2042-2046, 2047(A), 2048-2056, 2061-2063, 2065-2067, 2069(A), 2070, 2091(A) and (1), (B) and (8), and (C), 2092, 2100, 2151(A), (B), and (E), 2152, 2153, 2191, and 2192, R.S. 36:3(2), (3), (4), (6), and (7), 4(A)(6), 8(E)(1), 301-307, 308(A) and (D), 309(B), (C) and (4), (D), (E), and (F), 310, 313, and 805, and R.S. 49:191(3)(g) and 968(B)(5) and (21)(b); adds R.S. 15:1199.12(F), R.S. 23:17-20, 33, 34, 72(4) and (5), 73(A)(1)(d), 75(E), 77, 78, and 2193-2212, and R.S. 36:8(E)(2)(j); repeals R.S. 23:2064, 2068, and 2093-2099 and R.S. 36:4(B)(14), 311, and 312)
HB 1104 Tucker, Act 743. Effective July 1, 2008

Highway safety
Prohibits the use of text-messaging devices by everyone while driving and the use of cell phones by drivers who have a learner's or intermediate license unless the device is a hands-free wireless telephone. Exempts emergency use, CB radios, commercial two-way radios and push-to-talk devices. Sets a fine of up to $175 for a first violation and up to $500 for subsequent violations. The fine is doubled if the driver is involved in an accident at the time of the violation. Violations are moving secondary offenses.  (Amends R.S. 32:398.10(A); adds R.S. 32:300.5, 300.6, and 398.10(A)(6))
SB 137 Quinn, Act 665. Effective July 1, 2008

Prohibits drivers 17 and younger from using cell phones and text-messaging devices while driving. Exempts emergency use, CB radios, commercial two-way radios and push-to-talk devices. Sets a fine of up to $100 for a first violation and up to $250 for subsequent violations. The fine is doubled if the driver is involved in an accident at the time of the violation. Violations are non-moving secondary offenses. (Adds R.S. 32:300.5 and 398.10(A)(6))
SB 159 Cravins, Act 666. Effective July 1, 2008

Prohibits the use of cell phones by any first-time driver, regardless of age, for a one-year period. Exempts emergency use, drivers previously licensed in another state, emergency response personnel, CB radios, commercial two-way radios and push-to-talk devices. The penalty for a first offense is a fine of $100 or 16 hours of community service, or both. Subsequent offenses are $250 or 24 hours of service, or both. The fine is doubled if the driver is involved in an accident at the time of the violation. Violations are non-moving secondary offenses. Act is not effective until the implementation of the Next Generation Motor Vehicle project of the DPS&C, office of motor vehicles is finalized. (Amends R.S. 32:398.10(A); adds R.S. 32:289 and 398.10(A)(6))
SB 342 Erdey, Act 667. See bill for effective date.

Doubles fines imposed for motorists who violate speed limit laws in highway construction zones where construction workers are present. (Amends R.S. 32:57(H))
HB 1151 Gisclair, Act 168, Effective Aug. 15, 2008 

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