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LAJ summary of selected bills and effective dates
2011 Regular Session of the Louisiana Legislature

LAJ staff prepared this summary of selected bills of the 2011 Regular Session of the Louisiana Legislature from legislative instruments and digests posted on the website of the Louisiana Legislature and available as of July 1, 2011. For access to all the legislative instruments from the 2011 Regular Session, go to http://www.legis.state.la.us.

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


Practice and procedure
Immunities
Judiciary/Courts
Jurisdiction and venue
Professional liability/malpractice
Insurance
Criminal law
(PDF file)
Family law (PDF file)

Practice and procedure

Allows a certified reproduction of a security agreement to be deemed as authentic evidence in an action for executory process. (Amends C.C.P. Art. 2636(5)) HB 262 Richardson. Act 90. Effective Aug. 15, 2011

Qui tam. Updates the Medical Assistance Program Integrity Law to comply with the Federal Social Security Act. (Amends R.S. 46:437.3(6), 438.3(B) and (C), 438.6(C)(1) and (a), 438.7, 439.1(D), (E), (F), and (G), 439.2(A) and (B)(1), and 439.4(A)(2) and (3) and (D); adds R.S. 46:437.3(29) and (30) and 438.6(C)(3); repeals R.S. 46:439.1(H) and (I) and 439.2(C)) HB 382 Anders. Act 185. Effective Aug. 15, 2011

Authorizes uniform cancellation affidavit for cancellation of mortgage and vendor’s lien inscriptions, except for judgments or legal mortgages. Provides that the clerk of court as ex officio recorder of mortgages is not liable for any damages resulting to any person or entity as a consequence of canceling a mortgage in reliance upon a uniform cancellation affidavit and that the affiant shall be liable to and indemnify the clerk and any person relying upon the cancellation for any claims or damages suffered if the uniform cancellation affidavit contains materially false or incorrect statements. (Adds R.S. 9:5166) SB 24 Alario. Act 124. Effective Aug. 15, 2011

Medical Records. Clarifies that the specified charges are the only charges that may be applied by the health-care provider “or person or legal entity providing records on behalf of the health-care provider” for the production of health-care records. Allows provider of medical records to a nonprofit organization assisting with Social Security or Medicaid applications to waive or charge an amount less than the maximum charges. (Amend R.S. 40:1299.96(A)(2)(b)(i) and (C)) SB 27 Amedee. Act 125. Effective Aug. 15, 2011

Admiralty/Maritime. Establishes coastline of Louisiana as no nearer inland than the baseline defined by the coordinates set forth in United States v. Louisiana, 422 U.S. 13 (1975), Exhibit “A.” Increases the gulf-ward boundary from three miles to nine miles. Effective subject to congressional approval or resolution in the courts. (Amends R.S. 49:1 and 2; adds R.S. 49: 3.1) SB 145 Claitor. Act 336. Effective Aug. 15, 2011

Admiralty/Maritime. Removes state safety mandates that offshore oil rig personnel transporters provide flotation devices equipped with personal locator beacons. Directs the director of aviation of DOTD to participate in education, communication, and promotion of aviation safety in the offshore oil and gas industry. Designated as “Jacob’s Law.”  (Amends R.S. 40:1486.1 and 1486.2) SB 160 Michot. Act 147. Effective June 24, 2011


Immunities

Extends immunity given to nonprofit organizations designated by district judges to supervise or coordinate community service programs also to include groups designated by city and municipal courts. (Amends R.S. 9:2792.8(A)(1)) HB 206 Cromer. Act 229. Effective Aug. 15, 2011

E-verify. Requires companies involved in public contract work to verify employees’ citizenship and to check the status of the employee throughout the contract work. Extends immunity from civil or criminal liability to any person, contractor, or employer using the electronic verification system. Applies only to contracts entered into or bids offered on or after January 1, 2012. (Adds R.S. 38:2212.10) HB 342 Edwards. Act 376. Effective Aug. 15, 2011

E-verify. Requires all employers to verify the citizenship or work authorization status of every employee either through the E-verify system or with a picture ID and one additional form of documentation. Increases the fines for knowingly hiring illegal immigrants. Employer utilizing e-verify is presumed to be in good faith and is not subject to any penalty. (Amends R.S. 23:995) HB 646 Talbot. Act 402. Effective Aug. 15, 2011

Immunity for school entering into joint-use agreements for the recreational use of its facility by others. Except for gross negligence or willful and wanton misconduct, school owes no duty of care or duty to warn and does not extend any assurance that the premises are safe or incur any liability for injuries to persons or property. School executing a joint-use agreement must require the other party to maintain and provide proof of insurance coverage. (Adds R.S. 9:2800.22) HB 358 Greene. Act 351. Effective June 29, 2011

Creates Youth Concussion Act. Requires coaches and officials to undergo annual training in identifying the symptoms of a concussion. After experiencing a concussion, the player must have a written clearance from a health-care provider or trainer. Does not create any liability for, or create a cause of action against, a school, its officers, or its employees; an organization or association of which a school or school district is a member; a private or public school; a private club; a public recreation facility; or an athletic league when such person or entity has complied with the act. (Adds R.S. 40:1299.181-185) SB 189 Cheek. Act 314. Effective June 28, 2011

Creates Comprehensive Sports Injury Management Program. Provides care and return-to-play guidelines for high school students who participate in athletics and who sustain a serious sports injury, other than a concussion. Requires BESE to develop specific rules for the program. Does not create any liability for, or create a cause of action against, a school, its officers, or its employees. (Adds R.S. 40:1299.181) HB 364 Roy. Act 352. Effective Aug. 15, 2011

Allows the use of medication returned from a correctional facility. Immunity for the pharmaceutical manufacturer for any claim or injury arising from the re-dispensing of any prescription drug, including but not limited to liability for failure to transfer or communicate product or consumer information regarding the re-dispensed drug as well as the expiration date of the re-dispensed drug. (Adds R.S. 37:1226.3) SB 205 Guillory, E.L. . Act 315. Effective June 28, 2011


Judiciary/Courts

Municipal Court of New Orleans. Sets salary for senior and administrative judge and provides for a judicial administrator and judicial expense fund. (Amends R.S. 13:2492(F), 2499, 2500.1(C), 2500.2, 2500.3(C) and (D) and 2501; adds R.S. 13:2495.1 and 2496.4; repeals R.S. 13:2501.1(M)) SB 158 Murray. Act 339. Effective Aug. 15, 2011

Law Institute. Dedicates judgeships in the 21st JDC and CDC/41st JDC with divisions limited to family or juvenile subject matter jurisdiction. (Amends R.S. 13:621.21 and 1138, and Section 19(A) of Act 621 of 2006 R.S., as amended by Act 873 of 2008 R.S.; repeals R.S. 13:1139(A)) SB 161 Quinn. Act 340. Effective June 29, 2011


Jurisdiction and venue

Increases the jurisdictional amount for the City Court of Ruston from $25,000 to an amount that does not trigger the right to demand a jury trial ($50,000 exclusive of interest and costs, C.C.P. Art. 1732(1)). (Amends C.C.P. Art. 4843(E) and (H)) HB 237 Gallot. Act 88. Effective Aug. 15, 2011

Increases the jurisdictional amount for the City Court of Breaux Bridge from $15,000 to $30,000. (Amend CCP art. 4843(F)) HB 402 Huval. Act 103. Effective June 20, 2011


Professional liability/malpractice

PCF. Constitutional amendment to authorize the legislature to establish a private custodial fund, designated as the Patient’s Compensation Fund, for the use, benefit, and protection of medical malpractice claimants and private health-care provider members; provides that assets of the fund shall not be state property. Proposed amendment is to be submitted to voters on October 22, 2011. (Adds Const. Art. XII, Sect. 16) HB 341 Hazel. Act 421

PCF. Enabling legislation for the constitutional amendment proposed in HB 341/Act 421. Classifies assets of the Patient’s Compensation Fund as not state property, subject to appropriation by the legislature, or required to be deposited in the state treasury. HB 287 Hazel. Act 263. Effective Aug. 15, 2011

Abortion. Requires the state’s licensed abortion clinics to post signs and refer women to DHH’s abortion alternatives and informed consent website. Establishes that violation of abortion provisions in R.S. 40:1299.30, et seq., provide a basis for a civil malpractice action, professional disciplinary action, and for recovery for the woman for the death of her unborn child under C.C. Art. 2315.2. (Amends R.S. 40:1299.35.1(1)(b), 1299.35.2, 1299.35.6, and 1299.35.19; adds R.S. 40:1299.35.1(11) and 1299.35.5.1) HB 636 Hoffman. Act 411. Effective Aug. 15, 2011


Insurance

Motor vehicle liability insurance. Removes an obsolete reference to bodily injury in the Compulsory Motor Vehicle Safety Responsibility Law. Changes the $25,000 limit from coverage for bodily injury or destruction of property of others in any one accident to coverage for damage to or destruction of property of others in any one accident. (Amends R.S. 32:900(B)(2)(c)) HB 259 Kleckley. Act 17. Effective Aug. 15, 2011

Allows electronic transmission and other methods of delivery of insurance policies from the insurer to the insured. (Amends R.S. 22:867(C) and 873) HB 275 Bishop. Act 373. Effective Aug. 15, 2011

Requires the secretary of the Office of Motor Vehicles, upon notification by an insurer of a vehicle owner’s cancellation of his vehicle’s liability coverage, to send a notice to the vehicle owner informing him that he has ten calendar days from the date of the notice to surrender the vehicle’s license plate in order to avoid the fees that are assessed by the Office of Motor Vehicles when liability coverage lapses on a vehicle. (Amends R.S. 32:861(A)(3), 863(A)(3)(a) and (B), and 863.2(A)(1), (2), (6),(B), (E)(1), and (2); adds R.S. 22:885(E)) HB 635 Thibaut. Act 370. Effective Aug. 15, 2011

Med pay. Prohibits a health insurance issuer from seeking reimbursement from an insurer that provides automobile medical payment coverage without obtaining prior written consent of its insured, except by agreement between the parties and in accordance with regulations of the Department of Insurance governing the coordination of benefits. Provides that after a period of nine months from the accident, the health insurer may seek reimbursement from the medical payments insurer for only the outstanding balance remaining under the automobile policy for medical coverage. Excludes Medicare Advantage plans or self-insured plans. (Amends R.S. 32:793(D); adds R.S. 22:1881) SB 169 Claitor. Act 382. Effective Aug. 15, 2011

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