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LAJ summary of selected bills and effective dates
2014 Regular Session of the Louisiana Legislature

LAJ staff compiled this summary of selected bills that were enacted during the 2014 Regular Session of the Louisiana Legislature. Resources used include legislative instruments found on the website of the Louisiana Legislature and digests prepared by the legislative staff. This does not include the hundreds of bills that were not passed, such as reduction of the jury trial threshold, repeal of direct action, repeal of collateral source, etc.

For access to all legislative instruments from the 2014 Regular Session, go to http://www.legis.la.gov.

Art. 3, Sect. 19 of the Louisiana Constitution specifies that the effective date of an act of the regular session shall be August 1 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 by phone at 225-242-4837 or by email at twright@lafj.org.

Quick links:
     Practice and procedure
     Insurance — automobile
     Insurance — other
     Judiciary/courts
     Jurisdiction and venue
     Professional liability/malpractice/licensure
     Workers' compensation/labor/employment
     Environmental
     Miscellaneous
     Miscellaneous — health and safety regulations
     Family, juvenile and domestic affairs (PDF 404KB)
     Criminal procedure (PDF 235KB)
    


Practice and procedure

Requires that all final judgments contain the typewritten or printed name of the judge. However, the judgment is not invalidated simply for lack of having a typewritten or printed name of a judge. (Amends C.C.P. Arts. 1911 and 4906) HB 46 Burns. Act 144. Effective Aug. 2014

Law Institute. Enacts the Business Corporation Act in R.S. 12, based on and in conformance with the Model Business Corporation Act. (Amends R.S. 12:1501, 1502(A), 1601-1604, and 1701, R.S. 44:4.1(B)(5), R.S. 49:222(B)(1) and (6), and C.C.P. Art. 611; adds R.S. 12:1-101-1-1704 and 1702-1704; repeals R.S. 12:1-178 and 1605-1607) HB 319 Foil. Act 328. Effective Jan. 1, 2015

Temporary restraining order (TRO). Extends the effective period of a TRO when a hearing is continued due to weather, natural disasters, or declared states of emergency. Adds that in the event that the hearing on the rule for the protective order or issuance of a preliminary injunction is continued by the court because of a declared state of emergency, any TRO issued in the matter shall remain in force for five days after the date of conclusion of the state of emergency. Further provides that when a TRO remains in force, the court shall reassign the rule for a protective order for hearing at the earliest possible time, but no later than five days after the date of conclusion of the state of emergency. (Amends C.C.P. Arts. 3604(C) and 3606) HB 338 Williams. Act 618. Effective Aug. 1, 2014

Adds that penalties for contempt of court may include court-approved litter abatement or community service. (Amends R.S. 13:4611(1)(d)) HB 395 Williams Act 330. Effective Aug. 1, 2014

Summary judgment. Authorizes the court to permit documentary evidence to be filed in an electronic format authorized by the local rules or the clerk of the district court. Requires that a memorandum or motion to strike objecting to evidence in support of or opposition to a motion for summary judgment be served pursuant to Art. 1313 within the time limits provided by District Court Rule 9.9. (Amends C.C.P. Art. 966(F)(2) and (3)) HB 599 Abramson. Act 187. Effective Aug. 1, 2014

Law Institute. Makes the deadline for answering incidental demands the same as provided for principal demands. Specifies that a party is under no obligation to identify a testifying expert absent a discovery request or order for an expert report. Extends the period for the state and its political subdivisions to respond to a request for production of documents and things from fifteen to thirty days. (Amends C.C.P. Arts. 1035, 1425(C), and 1462(B)(1)) HB 607 Abramson. Act 655. Effective Aug. 1, 2014

Law Institute. Adds the Louisiana Uniform Interstate Depositions and Discovery Act, which adopts, in addition to the current mechanisms of discovery provided in the Uniform Foreign Depositions Law, including letters rogatory, additional mechanisms for discovery and depositions, limited to discovery in state courts. Applies to discovery requests made on or after the effective date. (Amends R.S. 13:3822, 3823(A) and (B), and 3824(A); adds R.S.13:3825) HB 619 Abramson. Act 793. Effective Aug. 1, 2014

Trusts. Provides that a written power of attorney in authentic form executed by a trustee authorizing a mandatary to sell specifically described immovable property at a specific price shall be considered the delegation of a ministerial duty. (Amends R.S. 9:2087(B)) HB 620 Abramson. Act 188. Effective Aug. 1, 2014

Law Institute. Authorizes a duly appointed executor, administrator, or curator of the member of a limited liability company to act on behalf of the deceased or incompetent member. (Amends R.S. 12:1333) HB 621 Abramson. Act 251. Effective Aug. 1, 2014

Special masters. Provides the consent of the parties to appointment of a special master may be contingent upon 1) an estimate of the compensation of the special master; 2) identity of the special master; or 3) the court’s anticipated specifications of the powers of the special master. Makes R.S. 13:4165 the sole authority and procedure for appointment, duties, powers, and compensation of special masters, notwithstanding Code of Evidence Art. 706. (Amends R.S. 13:4165(A) and (D); adds R.S. 13:4165(E)) HB 623 Abramson. Act 521. Effective Aug. 1, 2014

Expert testimony. Amends Code of Evidence Art. 702. Requires that the use of expert witness opinion testimony meet the following qualifications: 1) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; 2) the testimony is based on sufficient facts or data; 3) the testimony is the product of reliable principles and methods; and 4) the expert has reliably applied the principles and methods to the facts of the case. Further provides, no change in law or result in a ruling on evidence admissibility shall be presumed or is intended by the Legislature of Louisiana by the passage of this act. (Amends C.E. Art. 702) HB 624 Abramson. Act 630. Effective Aug. 1, 2014

Prohibits the attorney general from hiring special counsel on a contingency fee basis without the passage of a legislative act when the legislature is in session or the approval of the joint budget committee in the interim. Limits a public entity from incurring fees in excess of $500 per hour for legal services, and any award in excess of $500 per hour must be reduced to $500 per hour or the maximum rate approved by the Attorney Fee Review Board, whichever is greater. Hourly limit does not apply to attorneys retained for defending the state, its agencies, and its employees in tort litigation or other matters involving the Self-Insurance Fund or State Bond Commission. Prospective only. (Amends R.S. 42:262 and R.S. 49:259(A) and (C)) HB 799 Bishop. Act 796. Effective date: See act.

Extends right of Medicaid recovery in cases of third-party liability for injury, illness, or death to Medicaid managed-care organizations that provide covered services to Medicaid enrollees. (Amends R.S. 46:446) HB 814 James. Act 824. Effective Aug. 1, 2014

Law Institute. Authorizes an individual with an interest to request the court to review the acts of the mandatary and to grant appropriate relief for the protection of the elderly. (Amends C.C. Art. 3029, R.S. 6:311.1 and 333(B); adds R.S. 9:3851-3856) HB 1133 Burns. Act 356. Effective Aug. 1, 2014

Modifies requirements and provisions relative to the admissibility of electronic reproductions of records retained by financial institutions. (Amends R.S. 6:667.3, R.S. 13:3733.1(A)(1), (E), and (G), and C.C.P. Arts. 2636 and 2637(A) and (C)); adds C.C.P. Art. 2637(F); adds R.S. 13:3733.1(K)) HB 1259 Price. Act 440. Effective July 1, 2014

Law Institute. Revisions to the Civil Code and Revised Statutes on security, pledge, and recordation. (Amends Title XX of Book III of the Civil Code, consisting of Arts. 3133- 3140, Arts. 3346, 3354, 3355, 3356, 3357, 3358, 3361, 3362, 3363, 3365, 3366, 3367, and 3368, R.S. 9:4401 and 5386, and R.S. 10:9-102(a)(2); adds Title XX-A of Book III of the Civil Code (Arts. 3141-3175, R.S. 9:4402 and 4403; repeals C.C. Arts. 3176, 3177, 3178, 3179, 3180, 3181, 3182, 3183, and 3184) SB 89 Peacock. Act 281. Effective Jan. 1, 2015

Service. Provides that a request for service of citation on the defendant is considered timely if requested timely, notwithstanding insufficient or erroneous service. (Amends R.S. 13:5107(D)(1); adds C.C.P. Arts. 1201(D) and 3955(D)) SB 222 Murray. Act 379. Effective May 30, 2014

Punitive damages. Authorizes exemplary damages in suits between household members arising from acts of domestic abuse when the injuries are caused by a wanton and reckless disregard for the rights and safety of the household member resulting in serious bodily injury or severe emotional and mental distress. (Adds C.C. Art. 2315.8) SB 291 Morrell. Act 315. Effective Aug. 1, 2014

Exempts records and personal information of members of a petit jury venire and individuals serving on a jury from the Public Records Law. Does not prohibit dissemination of jury questionnaires to attorneys licensed in this state or the dissemination of venire lists as required by Code of Criminal Procedure Art. 417(B). (Adds R.S. 44:4(48)) SB 353 Peacock. Act 705. Effective Aug. 1, 2014

Judgments. Allows judges or justices to sign a court order, notice, official court document, judgment, or other writing by use of an electronic signature as defined in R.S. 9:2602. Requires courts to provide rules for the method of electronic signature to be used and to ensure its authenticity. (Amends C.C.P. Arts. 253(C) and 1911 and R.S. 9:2603(B)(4); adds C.C.P. Arts. 253(D)) SB 606 Martiny. Act 606. Effective June 12, 2014


Insurance — Automobile

Named insured who gives express permission to excluded driver to operate a vehicle is solidarily liable with driver. Limits the liability to the minimum required auto insurance as provided by R.S. 32:900 (L), unless the named insured is the parent or tutor of the excluded driver, is vicariously liable for the acts or omissions of the excluded driver, or is responsible for the acts or omissions of the excluded driver. Insurer is not liable for bodily injury, loss, or damage under any coverage of the policy if the operator was properly excluded. Further, the insurer is not obligated to provide a defense or to pay the costs of defense. (Adds R.S. 22:1295.1) HB 9 Edwards. Act 21. Effective Aug. 1, 2014 

No Pay, No Play. Amended “should” to “shall” with no change in no pay, no play language requiring a plaintiff without auto insurance to forego the first $15,000 of damages for bodily injury and the first $25,000 for property damage in a lawsuit arising out of a motor vehicle wreck. (Amends R.S. 32:866(A)(1)) HB 118 Harrison. Act 149. Effective Aug. 1, 2014

Requires law enforcement officers to electronically verify, whenever possible, that documents showing proof of insurance are current during traffic stops. (Amends R.S. 32:863.1(B)) HB 126 Burns. Act 649. Effective July 1, 2014

Increases the penalties and suspension periods for operating a motor vehicle without auto insurance and for making a false presentation or claim of having insurance. Dedicates the additional revenue from the increase in penalties to the Insurance Verification System Fund, the office of state police, and public safety and law enforcement. (Amends R.S. 32:862(G)(4), 863(A)(1) and (3)(a) and (b)(I), and (B)(2)(b), 863.1(C)(1)(c), and (I)(3), 864, and 865(A) and (B)(1); adds R.S. 32:868; repeals HB 851) HB 872 Ivey. Act 641. Effective July 1, 2014

Requires that if a law enforcement officer determines that an operator’s driving privileges are suspended or revoked and the vehicle is registered in the state in the operator’s name, the officeris to remove the license plate and issue the operator a notice of suspension or revocation. Provides for a procedure to obtain a hardship license plate. (Adds R.S. 32:415.2) HB 1020 Harrison. Act 802. Effective Aug. 1, 2014

Nonresident driver. Allows the nonresident driver to show proof of coverage as a self-insurer or under a self-insurance plan from the state in which the driver is a resident. Requires self-insurer or plan to pay the amount of any claim due a claimant within thirty days after receipt of satisfactory proof of loss from the claimant or any party in interest. Further requires self-insurer or plan to pay the amount of any third-party property damage claim and any reasonable medical expense claim due any bona fide third-party claimant within thirty days after written agreement of settlement of the claim from the third-party claimant. Failure to make a payment when found to be arbitrary, capricious, or without probable cause shall subject the self-insurer or self-insurance plan to a penalty, in addition to the amount of the loss or settlement agreement, of 50 percent damages on the amount due or $1,000, whichever is greater, payable to the respective claimant. Provides that a self-insurer or self-insurance plan owes a duty of good faith and fair dealing to the injured claimant and has an affirmative duty to adjust any claim fairly and promptly and to make a reasonable effort to settle any claim with a claimant. Provides that any self-insurer or self-insurance plan that breaches these duties is liable for any damages sustained as a result of the breach. Provides that in addition to any general or special damages to which a claimant is entitled for breach of an imposed duty, the claimant may be awarded penalties assessed against self-insurer or self-insurance plan in an amount not to exceed two times the damages sustained or $5,000, whichever is greater. (Amends R.S. 32:880) SB 620 Amedee. Act 500. Effective Aug. 1, 2014


Insurance — other

Prohibits a health-care provider that accepts a patient’s health insurance coverage from requiring an enrollee or insured to consent to payment for health-care services as a condition for “verification” of health insurance coverage for such health-care services. (Adds R.S. 22:1827) HB 601 Abramson. Act. 555. Effective Aug. 1, 2014

Valued policy clause. Defines “fire insurance policy” as any property insurance policy that provides coverage against loss caused by fire, regardless of the other coverages provided by the policy. (Amends R.S. 22:1318(D)) HB 820 Huval. Act 91. Effective Aug. 1, 2014

Enacts the Property Insurance Clarity Act, requiring insurers issuing homeowners’ policies to provide certain policy and premium information to the public. Specifically requires the report of data on direct incurred losses, number of policies in force, and direct earned premiums to the commissioner of insurance. Further requires the commissioner to aggregate and publish the information on the Department of Insurance’s website. Sunsets May 1, 2017. (Amends R.S. 44:4.1(B)(11); adds R.S. 22:1488) HB 909 Leopold. Act 427. Effective Aug. 1, 2014

Specifies that an insurer may cancel a homeowner’s policy for two or more claims made within a continuous three-year period in the five years preceding the current policy renewal date. Requires insurer exiting the market to withdraw for a minimum of five years. (Amends R.S. 22:1265(D) and (F) and 1333(C) and (D); adds R.S. 22:1265(I) and (J) and 1333(G) and (H)) HB 1060 Thierry, Act 353. Effective Aug. 1, 2014

Unfair trade practices. Clarifies that an insurer may not attempt to enforce provisions in a sales agreement with a non-captive producer that would prohibit the producer from providing customers information on products from other insurers or limit the number of other insurance companies a non-captive producer may represent. Allows the commissioner of insurance to issue regulations governing the replacement of limited-benefit insurance policies. Requires insurers to include a notice to insureds that defense costs are included within the limit of liability. (Amends R.S. 22:1964(24) and (25); adds R.S. 22:1964(26) and (27)) HB 1195 Lorusso. Effective Aug. 1, 2014

Structured settlements. Adds structured settlement annuities as a type of insurance protected by Louisiana Life and Health Insurance Guaranty Association. Raises the limit for the net cash surrender and net cash withdrawal values of annuities from $100,000 to $250,000. (Amends R.S. 22:2083(A)(2), (B)(1) and (2)(c) and (h) and (v), and (C)(2)(c), 2084(6) and (12), and 2087(A), (B), and (C); adds R.S. 22:2083(A)(3), (4), and (5) and (B)(2)(j), 2084 (11.1) and (12.1), and 2087(Q); repeals R.S. 22:2087(D) and (E)) SB 169 Long. Act 374. Effective Aug. 1, 2014


Judiciary/courts


Constitutional amendment. Removes the mandatory retirement age of seventy years for judges. Proposed amendment to be included on the ballot Nov. 4, 2014. (Amends Const. Art. V, Sect. 23) HB 96 Edwards. Act 875. Effective Nov. 4, 2014

Authorizes an increase of 50 cents in court costs for certain filings to defray the costs associated with the Judicial College’s general growth and program improvement strategies. (Adds R.S. 13:126.1, 352.1, 841.4, 1213.3, 1912, 2157.1, 2500.5, 2520, and 2565) HB 154 Leger. Act 405. Effective Aug. 1, 2014

Repeals law requiring clerks of court to record in a bound book all judicial bonds, particularly those given by tutors, administrators of successions, and curators. (Repeals R.S. 13:1218) HB 534 Shadoin. Act 178. Effective Aug. 1, 2014

Expands the crime of filing a false lien against a law enforcement or court officer to include liens against any clerk of court, recorder of mortgages, and their deputies. (Amends R.S. 14:133.6(B)(1)) HB 752 Moreno. Act 17. Effective Aug. 1, 2014

Creates the Louisiana Clerks’ Remote Access Authority (LCRAA) to provide infrastructure, governance, standard operating procedures, technology, and training to support a statewide portal for secure remote access of certain records maintained by LCRAA members to Internet users and for document preservation. Grants immunity to LCRAA from suits arising from any acts or omissions related to providing remote access unless LCRAA was grossly negligent or engaged in willful misconduct. Provides for indemnification for the board members, officers, and employees and provides for exceptions. (Adds R.S. 13:754) HB 888 Arnold. Act 826. Effective June 23, 2014

Consolidates the Municipal Court of New Orleans and the Traffic Court of New Orleans and creates the Municipal and Traffic Court of New Orleans and provides for its jurisdiction. Sections 8 and 5 of this Act become effective upon signature of the governor (6/23/14); all other sections become effective on Jan. 1, 2017. (Amends R.S. 13:2491, 2492, 2493, 2493.1(A), (B), (C), and (D), 2495, 2495.1(A), 2496.1, 2496.2(A), 2496.3(A), (B), (E), (F), (G), (3) and (5), 2496.4, 2497, 2498(A), (B), and (C), 2499, 2500(A) and (B), 2500.1, 2500.2, 2500.4, 2501, 2512, 2513, 2514, 2515, 2516, 2519(A), and Section 1 of Act 277 of the 2013 R.S.; repeals R.S. 13:2501.1, 2505, 2506, 2507, 2507.1, and 2509)  HB 1206 Leger, Walt. Act 845. Effective: See act.

Judgeship. Abolishes two juvenile judgeships in the Juvenile Court for the Parish of Orleans. The first one to be abolished will be Section D, effective Dec. 31, 2014, at midnight. The second will be the first judgeship to become vacant. (Amends R.S. 13:1568.3, 1595, and 1595.1) SB 445 Crowe. Act 466. Effective Aug. 1, 2014

Creates the Veteran’s Court probation program. (Amends R.S. 44:4.1(B)(6); adds R.S. 13:5361-5367) SB 532 Guillory. Act 716. Effective Aug. 1, 2014

Allows Fourth Circuit Court of Appeal to charge a filing fee not to exceed $50 for a civil motion not otherwise subject to any other fee. The fee amounts collected shall be used to defray operational and maintenance expenses of the court. (Adds R.S. 13:312.5) SB 580 Murray. Act 720. Effective June 18, 2014


Jurisdiction and venue

Codifies subject matter jurisdiction of Family Court in the 22nd JDC. Requires prospective application and includes all actions taken by Divisions K and L of the 22nd JDC. (Amends R.S. 13:621.22; repeals Section 2 of Act 344 of 2008 R.S.) HB 527 Pearson. Act 821. Effective June 23, 2014

Sets the civil jurisdictional amount in dispute for the city courts of Alexandria, Pineville, Slidell, and Ruston at $50,000 and removes the reference to the amount in dispute provided by C.C.P. Art. 1732(1). (Amends C.C.P. Art. 4843(H)) HB 1181 Shadoin. Act 843. Effective Aug. 1, 2014

Increases the civil jurisdiction amount in dispute for the City Court of Lafayette from $15,000 to $20,000. (Amends C.C.P. Art. 4843(C) and (D)) SB 37 Cortez. Act 363. Effective August 1, 2014

Increases the civil jurisdiction of Second City Court of the city of New Orleans from $20,000 to $25,000. Authorizes the clerk for the Second City Court of the city of New Orleans to issue and collect fees for certified birth and death certificates. Requires the state registrar to promulgate rules necessary for the implementation of no later than Jan. 1, 2015. (Amends R.S. 13:2151.4(D) and (E) and R.S. 40:39.1(A), 39.1(A)(1), (B)(1), (C), and (D); adds R.S. 13:2151.4(F)) SB 544 Heitmeier. Act 763. Effective Aug. 1, 2014


Professional liability/malpractice/licensure

Revises the Louisiana Athletic Trainers Law. Expands immunity provisions for members of the board, its agents, or employees acting in good faith. Adds that no person, committee, association, organization, firm, or corporation shall be held liable for damages pursuant to any law of the state of Louisiana or any political subdivision thereof for providing information to the board without malice and under the reasonable belief that such information is accurate, and whether providing such information as a witness or otherwise. (Amends R.S. 37:3301, 3302, 3303, 3304, and 3307; adds R.S. 37:3305.1, 3306.1, 3308.1, 3309.1, 3311(C), and 3313; repeals R.S. 37:3305, 3306, 3308, 3309, and 3310) HB 691 Broadwater. Act 418. Effective Aug. 1, 2014

Opiate antagonist. Provides immunity from civil liability, criminal prosecution, or disciplinary or other adverse action under any professional licensing statute to a first responder administering an opioid antagonist to any individual who is undergoing or who is believed to be undergoing an opioid-related drug overdose unless personal injury results from the gross negligence or willful or wanton misconduct. Authorizes a first responder to receive a prescription for naloxone or another opioid antagonist. (Adds R.S. 40:978.1) HB 754 Moreno. Act 253. Effective Aug. 1, 2014

Optometrists. Authorizes optometrists, after additional training and licensure, to perform surgical procedures previously performed by ophthalmologists exclusively, including three types of laser treatments; but specifically excluding LASIK, PRK, and other forms of refractive surgery. (Amends R.S. 37:1041(C)(2)(a), (4)(a), and (5); adds R.S. 37:1041(D) and (E), 1048(15), and 1049(8); repeals R.S. 37:1041(C)(2)(b) and (d) and 1061(A)(29)) HB 1065 Pope. Act 398. Effective June 1, 2014

Telehealth. Enacts the Louisiana Telehealth Access Act. Defines “telehealth” to mean health care delivered through information and communication technologies when a patient and a health-care provider are located in different places, and expands access to such services by authorizing each board, commission, and agency that regulates the practice of a health-care provider to promulgate any rules necessary to provide for, promote, and regulate the use of telehealth. Expands the definition of telemedicine to allow easier access to medical services. HB 1280 Simon. Act 442. Effective Aug. 1, 2014

Telehealth. Creates a twenty-four-member task force on telehealth access as an advisory body to report periodically to the governor and the legislature on findings concerning best practices in telehealth, advances in technology, and federal policies and regulations affecting telehealth. HCR 88 Simon.

Medical consent. Creates a new “adult friend” category of persons who may consent to surgical or medical treatment for someone else. Defines an adult friend and how the adult friend is recognized as authorized to consent for the patient. Provides that if none of the persons authorized to consent is reasonably available, then the patient’s attending physician has the discretion to provide or perform any surgical or medical treatment or procedures, including but not limited to an autopsy, and may also make decisions regarding continued services needed by the patient, including but not limited to approving the placement or transfer of the patient to another facility. Requires the physician to attempt to contact any other authorized persons and document those reasonable attempts, and then provides civil and criminal immunity for physicians or providers in these circumstances. Limits immunities to the issue of consent only, not to include liability for medical malpractice as to the provision or performance of the surgical or medical treatment. (Amends R.S. 40:1299.53) SB 302 Mills. Act 601. Effective Aug. 1, 2014

Opiate antagonist. Immunity for rendering assistance in medical emergencies involving alcohol consumption or drug overdose unless the damage or injury was caused by willful or wanton misconduct or gross negligence. Authorizes first responders to administer an opiate antagonist without prescription. (Adds R.S. 14:403.9, 403.10, and 403.11) SB 422 Broome. Act 392. Effective Aug. 1, 2014

Vaccines. Authorizes a pharmacist to administer to an individual age seventeen or older an immunization or a vaccine without a patient-specific prescription or medical order if the immunization or vaccine is administered in conformance with protocol set by the U.S. Centers for Disease Control and Prevention. (Amends R.S. 37:1218.1) SB 600 Mills. Act 769. Effective Aug. 1, 2014


Workers’ compensation/labor/employment

Recreated the Louisiana Workforce Commission and all of the entities created under it by law. Sunsets July 1, 2019, beginning July 1, 2018, unless re-created. (Adds R.S. 49:191(7); repeals R.S. 49:191(5)(e)) HB 164 Dixon. Act 32. Effective June 30, 2014

Enacts the Personal Online Account Privacy Protection Act, which prohibits employers from requesting a person’s online account access information as a condition of employment and prohibits disciplinary action on behalf of the employer, both prior to and after the person’s employment. Universities and colleges, academies, elementary and secondary schools, and other educational institutions are similarly prohibited regarding students and prospective students. (Adds R.S. 51:1951-1955) HB 340 James. Act 165. Effective Aug. 1, 2014

Criminal — employee second chance. Prohibits a cause of action from being brought against an employer, general contractor, premises owner, or other third party for negligent hiring or failing to adequately supervise an employee or independent contractor due to damages or injury caused by that employee solely because that employee has been previously convicted of a criminal offense. Does not apply to crimes of violence, sex offenses, and acts arising out of the course and scope of the individual’s employment when the act is substantially related to the nature of the crime for which the employee was convicted and the employer, general contractor, premises owner, or other third party knew or should have known about the conviction. Specifies that an employer’s vicarious liability pursuant to C.C. Art. 2320 is not affected nor is an employer’s immunity under R.S. 23:1032. (Adds R.S. 23:291(E)) HB 505 Dixon. Act 335. Effective Aug. 1, 2014

Workers’ Compensation Advisory Council. Requires that the members of the council be domiciled in Louisiana and, to the extent practicable, the nominating organization or entity shall strive for diversity in its appointments to the council. Requires that each of the five members of the general public be from a different Public Service Commission district. (Amends R.S. 23:1294(A)(2) and (g); adds R.S. 23:1294(A)(4)) HB 765 Pierre. Act 422. Effective Aug. 1, 2014

Employer fraud. Gives workers’ compensation courts jurisdiction and judges authority to prosecute and sanction uninsured employers and employer workers’ compensation fraud. (Amends R.S. 23:1168(A)(1) and (4) and (B), 1170(A) and (B), 1171, 1171.1, and 1291(C)(5); adds R.S. 23:1170(C); repeals R.S. 23:1168(A)(5)) SB 198 Riser. Act 375. Effective Aug. 1, 2014

Provides that intentional discrimination in employment includes paying lower wages to a person of the opposite sex for the same job done but provides a “good faith” exception, which limits an employer’s liability to wages in dispute plus judicial interest, no penalty. (Amends R.S. 23:332(A) and (H)(3) and 632) SB 359 Donahue. Act 750. Effective Aug. 1, 2014


Environmental

Salt domes. Requires permits for solution-mining injection wells and solution-mined caverns to provide for reimbursement to owners of noncommercial residential property for mandatory or forced evacuation for greater than 180 days due to violations of laws, rules, or orders providing for solution-mining injection wells and solution-mined caverns. Requires an offer of reimbursement to be for the replacement value of the property based on the estimated value of the property prior to the incident resulting in the declaration of the disaster or emergency. (Amends R.S. 30:4(M)(6)(b); adds R.S. 30:4(M)(6)(c)) SB 209 Ward. Act 691. Effective Aug. 1, 2014

Levee lawsuits. Limits which state or local governmental entities have a right or cause of action to enforce coastal use permits or federal dredge and fill permits. Limits those governmental entites to the secretary of DNR, the attorney general, an appropriate district attorney, or a local government with an approved coastal plan. Applies retroactively to existing claims. (Adds R.S. 49:214.36(O)) SB 469 Allain. Act 544. Effective June 6, 2014

Salt domes — Iberia Parish. Requires public hearings before a permit is issued to drill or operate a new solution-mined cavern or expand or convert an existing solution-mined cavern in Iberia Parish. Requires the applicant, at least thirty days prior to the public hearing, to submit a report to provide a baseline analysis of groundwater in the area of a permitted activity including both the water level and salt content; a plan for monitoring the groundwater in the area for levels and salt during the activity permitted; a geologic analysis of the integrity of the salt dome; and the results of an analysis of testing that attempts to determine the source and composition of the foaming or bubbling appearing in Lake Peigneur. Prohibits the issuance of permits in Iberia Parish prior to Jan. 31, 2016. (Adds R.S. 30:4(N)) SB 585 Mills. Act 766. Effective Aug. 1, 2014

Legacy lawsuits. Remediation of oilfield sites and exploration and production sites. Requires that in all cases in which a party makes a limited admission, there will be a rebuttable presumption that the plan approved or structured by DNR, after consultation with DEQ as appropriate, is the most feasible plan to evaluate or remediate to applicable regulatory standards the environmental damage for which responsibility is admitted. For cases tried by a jury, the court must instruct the jury regarding this presumption if so requested by a party. Defines what is considered “contamination” and clarifies what types of remediation damages are eligible for an award from the court to include the court-approved plan, remediation required by a contractual provision providing for remediation to “original condition,” damage caused by unreasonable or excessive operations, and the cost of non-remediation damages. Changes in law do not apply to suits that have been set for trial as of May 15, 2014. (Amends R.S. 30:29(B)(6), (H), and (I) and C.C.P. Art. 1563(A)(2); adds R.S. 30:29(C)(2)(c) and (M)) SB 667 Adley. Act 400. Effective Aug. 1, 2014


Miscellaneous

Expungement. Provides a comprehensive revision of the expungement laws by establishing statewide procedures, a uniform fee structure, and uniform expungement forms. Allows the expungement of certain arrests and felony convictions (other than crimes of violence and sex offenses) after a ten-year “cleansing period” or a five-year “cleansing period” for certain misdemeanor offenses. (Amends R.S. 44:4.1(B)(38); adds C.Cr.P. Arts. 971-995; repeals R.S. 44:9) HB 55 Lopinto. Act 145. Effective Aug. 1, 2014

Persons with disabilities. Makes comprehensive revisions throughout state statutes and codes to eliminate outdated and potentially offensive terms referring to persons with disabilities. e.g., Deletes such terms as “retarded” and “handicap” and instead uses more current clinical terms such as “persons with intellectual disabilities.” HB 63 Leger. Act 811. Effective June 23, 2014

Allows expedited hearing for action seeking a declaratory judgment as to the constitutionality of the expenditure of state funds. (Amends C.C.P. Art. 1878) HB 218 Talbot. Act 41. Effective Aug. 1, 2014

Law Institute. Revision of Title 33 local government laws. Revises and repeals certain obsolete, superseded, and inaccurate provisions; authorizes the Law Institute to re-designate certain laws; and removes obsolete references to provisions of the 1921 Constitution. (Amends R.S. 33:130.31, 1333, 3821, 4051, 4161, 4162, and 4306; repeals R.S. 33:3744 and 3745) HB 295 Burrell. Act 158. Effective Aug. 1, 2014

Expands protections for members of the military, and now their spouses, making it easier to terminate a house or apartment lease for those members injured and hospitalized incidental to the military service. (Amends R.S. 9:3261) HB 654 Lorusso. Act 252. Effective Aug. 1, 2014

Consumer lending. Revisions relative to makers of consumer loans, credit transaction, and deferred presentment transactions pursuant to the Louisiana Consumer Credit Law and the Louisiana Deferred Presentment and Small Loan Act. Authorizes Office of Financial Institutions to license online and out-of-state consumer lenders who do business with Louisiana consumers. (Amends R.S. 9:3557(B), 3560(A)(8), 3561(A), 3561.1(G)(1), 3578.4(A)(2) and 3578.7; adds R.S. 9:3518.4, 3561.2, and 3578.4.1); repeals R.S. 9:3560(A)(9)) HB 766 Ponti. Act 636. Effective Jan. 1, 2015

Legal ads. Allows the New Orleans edition of The Advocate to compete for the business of publishing judicial advertisements, official proceedings, and legal notices in Orleans and Jefferson parishes. (Amends R.S. 43:142(B), 171(B), 200(3), and 201(D); adds R.S. 43:202(D); repeals R.S. 43:201(E)) HB 787 Arnold. Act 197. Effective May 22, 2014

ABLE Account. Establishes savings program to assist individuals and families in saving private funds for the purpose of supporting persons with disabilities. Contingent upon amendment of federal tax law. (Adds R.S. 36:259(Y) and 802.24 and R.S. 46:1721-1740) HB 833 Foil. Act 93. Effective: See act.

Extends the period for driver’s license renewal from four years to six years and adjusts the fees and handling charges to account for the longer renewal period. HB 1252 Foil. Act 807. Effective July 1, 2015, and SB 582 Claitor. Act 765. Effective: See act.

Privacy. Student data. Limits the collection and sharing of student information and provides penalties for violations. (Adds R.S. 17:3913 and 3996(B)(34)) HB 1076 Schroder. Act 837 and HB 1283 Ivey. Act 677. Effective Aug. 1, 2014

Patent infringement trolling. Provides that no person shall make a bad faith assertion of patent infringement against an end-user. The attorney general has the sole authority to investigate and pursue any violation as an unfair or deceptive trade practice or act. (Adds R.S. 51:1428) SB 255 Martiny. Act 297. Effective May 28, 2014

Requires a study by the office of state fire marshal to determine the cost of requiring regulation and inspection of elevators and other conveyance devices. (Adds R.S. 40:1597.1 and 1597.2) SB 684 Nevers. Act 784. Effective Aug. 1, 2014


Miscellaneous — health and safety regulations

Bans smoking within twenty-five feet of public entrances and wheelchair ramps of state-owned office buildings. (Amends R.S. 40:1300.252, 1300.256(A)(4), and 1300.262(B)(1)(a) and (2)(a); adds R.S. 40:1263 and 1300.256(A)(5)) HB 168 Hoffman. Act 546. Effective Jan. 1, 2015

Cell phones in school zones. Prohibits the use of cell phones, except for hands-free wireless phones, in a school zone during posted hours provided warning signs are posted. Provides for fines up to $175 for a first violation and $500 for each subsequent violation. Fine doubles if in a collision at the time of the violation. (Adds R.S. 32:300.8) HB 370 Thompson. Act 410. Effective Aug. 1, 2014

Tanning beds. Prohibits use of tanning beds by anyone under the age of eighteen. (Amends R.S. 40:2707 and 2714(E) and (I)) HB 746 Moreno. Act 193. Effective Aug. 1, 2014

Speed enforcement. Prohibits the use of automated speed enforcement devices by local municipal authorities or local parish authorities on interstate roadways within their corporate or territorial limits after Jan. 1, 2015. (Adds R.S. 32:43) HB 896 Danahay. Act 95. Effective May 16, 2014

Prohibits the sale of alternative nicotine or vapor products such as e-cigarettes and vapor pens to minors. (Amends R.S. 14:91.6(A) and 91.8, R.S. 26:901, 902(1), 905(B), 909(A)(2), 910, 910.1, 911(A), (A)(1) and (2), 917(A) and (C), and 932(6), and R.S. 47:851(C)(2); adds R.S. 14:91.6(B)(6) and (7)) SB 12 Gallot. Act 278. Effective May 28, 2014 P

Prohibits smoking within two hundred feet of a public or private elementary or secondary school. (Adds R.S. 40:1300.264) SB 514 Heitmeier. Act 581. Effective June 9, 2014

 

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