LAJ summary of selected bills and effective dates
2021 Regular Session of the Louisiana Legislature
LAJ staff compiled this summary of selected bills enacted during the 2021 Regular Session of the Louisiana Legislature. Resources used include legislative instruments found on the website of the Louisiana Legislature, digests and summaries prepared by legislative staff, and House Legislative Services.
For access to all legislative instruments, go to www.legis.la.gov. Texts of acts and legislative history, including archived Internet broadcasts of committee and floor action, are also available on that website.
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. You should see the act for any specific language concerning proposed prospective or retroactive application. If no such language exists, courts will perform retroactivity analysis under Civil Code Art. 6 and R.S. 1:2.
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
Judiciary, jurisdiction, venue
Insurance
Professional liability/licensure
Immunity
Vehicle
Family law
Workers' compensation, labor, employment
Consumer
Criminal law and procedure
Criminal justice
Law enforcement/Council on Peace Officer Standards and Training
Miscellaneous
Elections
Constitutional Amendments — October 9, 2021
Constitutional Amendments — November 8, 2022
Prescription — child sex abuse. Removes the time limit for child sex abuse survivors to pursue civil cases against their abusers. Any claims that previously expired are revived for a three-year period. (Amends R.S. 9:2800.9(A)) HB 492 Hughes. Act 322. Effective June 14, 2021
Civil jury trial costs. Increases the maximum deposit to $5,000 for the first day and $1,000 per day for each additional day the court estimates the trial will last. (Amends C.C.P. Arts. 1734(A) and 1734.1) SB 245 Bernard. Act 382. Effective Aug. 1, 2021
Jurors. Allows people convicted of felonies to serve on civil or criminal juries if they have been off probation or parole for five years. (Amends C.Cr.P. Art. 401(A) and (5)) HB 84 Marcelle. Act 121. Effective Aug. 1, 2021
Small claims. Creates a pilot, online, dispute resolution program for small claims in Slidell City Court using an appointed facilitator to assist parties in reaching a settlement. Effective for small claims filed beginning Jan. 1, 2022, and continuing until program sunsets on Aug. 1, 2025. (Amends R.S. 13:5200; adds R.S. 13:5201(E) and 5213-5226) HB 267 DuBuisson. Act 281. Effective Aug. 1, 2021
Online Judge Pilot Program. Authorizes the 24th JDC to establish a process to handle any preliminary matter exclusively online. Provides for the waiver of oral arguments and referral of all motions and exceptions to the Online Judge Pilot Program, unless the court determines that oral arguments or witness testimony is necessary. Program to provide procedures regarding how written arguments, motions, and objections are to be handled and for admissibility and presentation of evidence. Requires every pleading following the original petition, including a pleading or order that sets a court date, to be served by transmitting an electronic copy to all parties. Sunsets Aug. 1, 2025. (Adds R.S. 13:621.24.2) HB 358 Edmonds. Act 409. Effective Aug. 1, 2021
Law Institute — civil procedure technology. Authorizes judges to sign orders and judgments wherever the judge is physically located. Permits judicial proceedings that are allowed in chambers to be conducted by audiovisual means. Requires every pleading to contain the email address of the party, if the party has an email address, or the email address of the party’s attorney for service of process. Requires petitions to designate both a physical address and an email address for receipt of service of all items involving the litigation. Allows service of a pleading or order setting a court date by emailing the party or his counsel at a designated email address, provided that the sender receives an electronic confirmation of delivery. Repeals exemption that excludes laws governing adoption, divorce, or other matters of family law from the scope of Louisiana Uniform Electronic Transactions Act. (Amends C.C.P. Arts. 193, 194, 195, 196.1, 863(A), 891(A), and 1313(C) and R.S. 9:2603(B)(2); repeals C.C.P. Art. 196 and R.S. 9:2603(B)(4)(a)) HB 140 Muscarello. Act 68. Effective Jan. 1, 2022
Law Institute. Amends articles on recusal of judges. (Amends C.C.P. Arts. 151-159, 4861, 4862, 4863, 4864, 4865 and 4866) HB 39 Magee. Act 143. Effective Aug. 1, 2021
Law Institute — prescription for revocatory and redhibition actions. Removes the fraud exception from the three-year period for revocatory actions. Creates uniform two-year prescriptive periods for redhibition of movables and immovables. (Amends C.C. Arts. 2041, 2534, and 3463) HB 81 Pressly. Act 414. Effective Aug. 1, 2021
Law Institute. Forma Pauperis. Requires the court to either grant in forma pauperis, deny and provide written reasons for the denial, or set for a contradictory hearing. Specifies applicant proceeding in forma pauperis has the right to have any judgment or order filed and to receive one certified copy of the judgment or order regardless of whether court costs have been paid. (Amends C.C.P. Arts. 5183(A), (1), and (2) and (B) and 5185(A) and (B)). HB 108 Larvadain. Act 416. Effective Aug. 1, 2021
Law Institute. Code of Civil Procedure revision with respect to venue; certification; pleading of damages; necessity of pleading prescription; restrictions on subpoenas; consolidation; courts raising the issue of prescription on their own motion; jury instructions; form and amendment of final judgments; delay for applying for a new trial; jurisdiction of trial and justice of the peace courts; appeal of judgments; improper or wrongful seizure; name confirmation; witness fees; and related matters. (Amends C.C. Art. 3452, C.C.P. Arts. 80(A)(1) and (2), 253.2, 592(A)(2) and (3), 893(A)(2), (B), and (C), 927(B), 1352, 1561(A), 1702(D) and (E), 1793(D), 1795, 1918, 1951, 1974, 2088(A), 2254(B), 2721(C), 3943, 3947(B), 4907(B), 4913(B)(4), and 5001, and R.S. 13:3661; adds C.C.P. Arts. 1702(F), 4904(D), and 4921(C); supersedes C.C.P. Art. 1702, 4904 and 4921 on Jan. 1, 2022) HB 152 Miller. Act 259. Effective Aug. 1, 2021
Law Institute — default judgment. Revises provisions on default judgments. Eliminates preliminary defaults and confirmation of preliminary defaults. Provides for the rendition of default judgments; notice of the intent to obtain a default judgment and related delays; default judgments in parish, city, justice of the peace, and workers’ compensation courts; delay for answering; and updates terminology. Prospective. (Amends C.C.P. Arts. 253.3(A)(3), 284, 928(A), 1001, 1002, 1471(A)(3), 1702, 1702.1, 1703, 1704, 1843, 1913(B) and (C), 2002(A)(2), 4904, 4921, 4921.1(C), and 5095, R.S. 13:3205 and 4990, and R.S. 23:1316.1(A); repeals C.C.P. Art. 1701 and R.S. 23:1316. C.C.P. Art. 1702, 4904 and 4921 shall, on Jan. 1, 2022, supersede C.C.P. Art. 1702, 4904, and 4921 as provided by HB 152/Act 259.) HB 164 Carter, Robby. Act 174. Effective: See act.
Interpreters. Prohibits courts from taxing the cost for interpreters for non-English-speaking people as court costs. (Amends C.C.P. Art. 192.2(B)) SB 113 Tarver. Act. 207. Effective June 11, 2021
Expedited judicial process for public works. Requires expedited judicial process for contested awarding of public works contracts. Requires trial within 30 days of filing suit in district court and a final judgment within 15 days after trial. Allows only a public entity to take a suspensive appeal, and it must be within 15 days of the final judgment. Requires the suspensive appeal be expedited and heard no later than 30 days from the return day of the appeal. Requires the appellate court to render its ruling on the merits within 30 days of the return day of the appeal. (Amends R.S. 38:2215(A)) HB 220 Miller. Act 260. Effective Aug. 1, 2021
Judicial sale publication. Adds that if a judicial sale of immovable property is rescheduled, the notice of sale of property under a writ of fieri facias shall be published once. (Amends C.C.P. Art. 2331) HB 264 Seabaugh. Act 469. Effective Aug. 1, 2021
Enacts the Louisiana Uniform Transfer on Death Security Registration Act, which provides for the transfer of securities and investment accounts to a beneficiary on the death of the owner of the securities. Prospective. (Adds R.S. 9:1711-1711.9) SB 91 Peacock. Act 167. Effective Jan. 1, 2022
Vetoed. Small succession. Redefines “small succession” to allow for immovable property and alters the affidavit requirements. (Amends C.C.P. Arts. 3431(A) and 3434(C)(1); repeals C.C.P. Art. 3421(B)) HB 295 Seabaugh.
Partition by private sale. Amends partition by private sale to require court to give first priority to the private sale between the existing co-owners. Requires that private sales without the consent of all co-owners to be at not less than the appraised value of the property instead of the previous minimum of two-thirds of the appraised value of the property. (Amends C.C. Art. 811 and C.C.P. Arts. 4607, 4622, 4624, and 4625) HB 400 Coussan. Act 27. Effective June 1, 2021
Partition of property owned in indivision. Directs the Louisiana State Law Institute to study provisions of law to make recommendations regarding adoption of the Uniform Partition of Heirs’ Property Act and to report its findings and recommendations to the Louisiana Legislature no later than Feb. 1, 2022. HR 201 Miller.
Judiciary, jurisdiction, venue
Special master after disaster. Provides for the appointment of one or more special masters for all causes of action related to first-party insurance property damage claims in a parish declared by the president to be subject to a major disaster declaration and certified for individual assistance under federal law. Requires court to allow a party to file a motion to opt out upon a showing of good cause. Requires that the appointment and disqualification of special masters comply with Fed. Civ. R.53, except to the extent requirements are inconsistent with state law. Allows court to order mandatory mediation. Requires orders initially issued after Jan. 1, 2022, to provide an opt-out upon request of any party. Prohibits the impairment of an appointing court’s authority, jurisdiction, or venue by a provision or policy form. (Adds R.S. 13:4165(F)) HB 386 Farnum. Act 318. Effective Aug. 1, 2021
Sulphur City Court. Increases the jurisdictional limit from $25,000 to $50,000 for the City Court of Sulphur. (Amends C.C.P. Art. 4843(E) and (H)) HB 45 Farnum. Act 251. Effective Aug. 1, 2021
Pointe Coupee justice of peace/constables. Changes the territorial jurisdiction for justices of the peace and constables in Pointe Coupee Parish. Reduces the number of justices of the peace and constables from 12 to eight to coincide with the eight parish council districts beginning with 2026 elections. (Amends R.S. 13:2612) HB 51 LaCombe. Act 253. Effective Jan. 1, 2027
Codifies the 21st JDC Div. I judgeship with jurisdiction over juvenile matters created by Act 3 of the 2007 regular session. (Adds R.S. 13:621.21(C)(3)) HB 235 Carter, Robby. Act 189. Effective Aug. 1, 2021
Vetoed. Expands access to drug and specialty courts through a dedicated funding stream derived from proceeds recovered by the state from any settlement against opioid manufacturers. SB 145 Ward.
Insurance claims adjusters. Enacts standards of conduct for claims adjusters, including truthful reports, appropriate care dealing with the elderly, and no financial interest in any aspect of the claim. Allows adjuster to interview any witness or prospective witness without the consent of
opposing counsel or party. Specifies that violation of standards constitute grounds for administrative action against the licensee and is an unfair trade practice under R.S. 22:1964, and the penalties contained in R.S. 22:1969 may be enforced by the commissioner. Further specifies that violation does not create any civil action or create any cause of action not otherwise provided by law. (Amends R.S. 22:1662(3); adds R.S. 22:1674.1; repeals R.S. 22:1674) HB 457 Firment. Act 402. Effective Aug. 1, 2021
Homeowner insurance claims settlement. Requires a field adjuster report to be given to policyholders within 15 days of a report request and increases penalties for insurance companies that violate rules regarding homeowner claims due to a presidentially or gubernatorially declared disaster. (Amends R.S. 22:1892(B)(1); adds R.S. 22:1892(A)(5)) HB 585 Geymann. Act 344. Effective Aug. 1, 2021
Homeowner insurance claims settlement. Requires insurance companies to provide a written explanation of how depreciation is calculated and prohibits an insurer from requiring particular vendors or contractors when repairing property. Provides mediation process through appraisal for situations in which the insurer and insured disagree on the amount of a loss. Prohibits lawsuit during the appraisal process. Requires model language for the appraisal provision in policies beginning June 1, 2022. (Adds R.S. 22:1892(B)(6) and (E)-(H)) HB 591 Firment. Act 345. Effective: See act.
Private residential flood coverage. Provides that in addition to excess flood insurance, insurers may issue standard flood coverage, preferred flood insurance, customized flood insurance, flexible flood insurance, and supplemental flood insurance. Establishes a five-year trial program that changes the Department of Insurance oversight from prior approval of rates to file-and-use for initial and subsequent rate filings. Defines the terms “flood,” “hurricane,” “named storm,” “residential flood coverage,” “separate named storm or hurricane deductible,” and “standard flood deductible.” (Adds R.S. 22:1341-1346) HB 577 McKnight. Act 77. Effective Jan. 1, 2022
Eroding policies. Prohibits insurance companies from including defense costs within the limits of liability unless the commissioner of insurance executes a written waiver authorizing the reduction. Specifies that waiver is not available for personal lines, medical malpractice, commercial vehicle, and commercial general liability insurance coverage. Requires commissioner to waive nine specified commercial lines of insurance meeting certain criteria. (Adds R.S. 22:1272) SB 131 Mills. Act 225. Effective Aug. 1, 2021
Uber/Lyft — UM insurance. Requires transportation network companies to disclose to their drivers any liability coverages rejected by the company prior to the driver accepting a prearranged ride on the transportation network company’s digital network. (Amends R.S. 45:201.5(A)(1)) SB 179 Connick. Act 300. Effective Aug. 1, 2021
Prevents insurers from charging multiple, named-storm deductibles on commercial properties in a year unless insured changes insurance companies during the year or renews a policy that includes a different deductible. (Adds R.S. 22:1267.1) SB 70 Abraham. Act 164. Effective Aug. 1, 2021
Emergency declaration. Authorizes the commissioner of insurance to issue emergency rules and regulations whenever the governor declares a state of emergency or a public health emergency. Allows for removal of telehealth and telemedicine access restraints, suspension of physician credentialing requirements, and expansion of remote access to pharmaceutical drugs. (Adds R.S. 22:11(C)) SB 29 Abraham. Act 223. Effective Aug. 1, 2021
Reinstatement. Requires an insurer that gives notice of cancellation of a casualty policy and later continues or reinstates the policy to give notice of reinstatement to any known person shown by the policy to have an interest in any loss that may occur who received the notice of cancellation from the insurer. (Adds R.S. 22:887(J)) SB 42 Bernard. Act 160. Effective January 1, 2022.
Medical records. Adds that a life, health, disability, or long-term care insurance company or its counsel authorized by the patient shall have a right to obtain a copy of a patient’s entire medical record. (Amends R.S. 40:1165.1(A)(2)(b)(i)) HB 188 Beaullieu. Act 227. Effective Aug. 1, 2021
Genetic information. Limits an insurer’s use of genetic information and genetic testing for underwriting life and long-term care insurance and annuities contracts. (Adds R.S. 22:918) HB 703 DuBuisson. Act 242. Effective Aug. 1, 2021
Allows discounts and rate reductions for buildings built or retrofitted to reduce the threat of loss due to windstorm events. (Amends R.S. 22:1483(A) and (C); adds R.S. 22:1483(D)) HB 451 Davis. Act 30. Effective Aug. 1, 2021
Professional liability/licensure
Vetoed. Regulates lawyer ads for drugs and medical devices under Unfair Trade Practice. (Adds R.S. 51:3221-3223) SB 43 Peacock.
Health-care occupational licenses. Expedites process for occupational licenses for dependents of health-care professionals who relocate to Louisiana. Requires the board to give the applicant a written decision within 30 days. Applicant is subject to Louisiana laws. Exempts an occupation regulated by the state Supreme Court, a license issued and regulated under the judicial branch of government, any person covered under the Nurse Licensure Compact, or any person who obtains a license on a nationwide licensing or registry system. (Adds R.S. 37:1751) HB 197 Owen. Act 279. Effective Aug. 1, 2021
Home health care. Authorizes nurse practitioners, clinical nurse specialists, and physician assistants to order home-health services. (Amends R.S. 40:2116.31(B) and 2116.34(A)(1), (7), and (10)(c) through (e); adds R.S. 2116.34(A)(12); repeals R.S. 2116.34(A)(10)(f)) HB 187 Bagley. Act 181. Effective June 11, 2021
Vetoed. Authorizes judges of the City Court of Shreveport to serve as an attorney member of a medical review panel. Sunsets on Aug. 1, 2031. (Amends R.S. 13:1875(7) and R.S. 40:1231.8(C)(1)(a) and 1237.2(C)(1)(a)) HB 263 Seabaugh.
Telemedicine. Expands the definitions of the terms “telemedicine” and “telehealth” and exempts email and text messages that are not compliant with HIPAA. Also, exempts facsimile transmissions. (Amends R.S. 37:1262(4) and 1291(6) and R.S. 40:1223.3(6)(a); adds R.S. 37:1291(7)) HB 270 Magee. Act 266. Effective Aug. 1, 2021
Social Work Practice Act. Defines social worker and provides for licensure and regulation. Removes the attorney general from prosecution of disciplinary actions. (Amends R.S. 37:2704(A)(1)-(3), 2705(A) and (D), 2706(B), 2708(A)(3), 2709(B), 2712, 2713, 2714(B)-(E), 2716(B), 2717(A)(2) and (D), 2721(A), and 2724(B); adds R.S. 37:2703(19), 2714(F) and (G), 2715(F), and 2717(A)(13), (G), and (H)) SB 155 Bouie. Act 215. Effective Jan. 1, 2022.
Creates the voluntary Occupational Licensing Review Program in the office of the attorney general. Requires participating occupational licensing boards to use the least restrictive regulation to protect the public. Participating boards are not required to comply with the requirements of the Occupational Board Compliance Act, R.S. 37:41, et seq. Exempts the practice of law from regulation under the program. (Adds R.S. 49:260) HB 398 Butler. Act 399. Effective Aug. 1, 2021
Midwives and doulas. Requires health insurance plans that provide coverage for maternity services to include coverage for health-care services provided by a midwife. Terminology in any health coverage plan policy or contract deemed discriminatory against certified nurse midwives, certified professional midwives, or midwifery or that inhibits reimbursement for services at the in-network rate is void and unenforceable. Creates the Louisiana Doula Registry Board. Authorizes a doula to practice in this state regardless of whether the doula is registered with the board. Requires a policy, contract, or health coverage plan to convert by Jan. 1, 2023. (Adds R.S. 22:1059 and 1059.1) HB 190 Willard. Act 182. Effective Jan. 1, 2022
First responders. Adds state agency essential workers, emergency service dispatchers, and emergency response operators to the definitions of first responder under homeland security and state police law. (Amends R.S. 23:1017.1(6), R.S. 29:723(9), and R.S. 40:1372) HB 195 Selders. Act 184. Effective Aug. 1, 2021
Vetoed. COVID-19 vaccination immunity. No liability or cause of action for refusing to mandate a COVID-19 vaccination or immunization for an employee or customer. Also prohibits the state from refusing to permit, renew, or withhold a business or professional license solely on the basis of the business refusing to mandate the vaccination. (Adds R.S. 9:2800.28) HB 103 McCormick.
Restroom Access Act. Allows access to non-public restrooms of retail establishments to persons with an eligible medical condition. Limits liability of the retail establishment and employees, unless there is gross, willful, or wanton negligence. (Adds R.S. 40:1123.1-1123.4) HB 228 Carrier. Act 444. Effective Aug. 1, 2021
Small succession. Immunity for banks that transfer money or property by relying on small succession affidavits. (Amends R.S. 6:767(F) and 768(D) and (E) and C.C.P. Art. 3434; adds R.S. 6:325(E), 767(G), and 768(F)) SB 100 Reese. Act 44. Effective June 1, 2021
Liability of agents, contractors, and representatives of proprietors. Limits surety liability imposed upon an agent, contractor, or representative to liability caused by ultrahazardous activity pursuant to C.C.P. Art 667 or any other provision of law. Prospective. (Amends R.S. 9:2773(A)) HB 517 Thomas. Act 245. Effective Aug. 1, 2021
Vehicle crash report. Changes all references from “accident report” to “crash report.” Modifies reporting requirements. Requires all crash reports to be provided on electronic forms approved by the DPS&C. (Amends R.S. 32:398) HB 381 Moore. Act 317. Effective Aug. 1, 2021
Staging of motor vehicle collision. Creates the crimes of staging of a motor vehicle collision and aggravated staging of a motor vehicle collision and adds the new crimes as elements of the crime of racketeering activity. (Adds R.S. 14:68.4.1 and 68.4.2 and R.S. 15:1352(A)(67) and (68)) HB 15 Mack. Act 248. Effective Aug. 1, 2021
Highway safety corridor. Authorizes the DOTD secretary, the superintendent of the Louisiana State Police, and the executive director of the Louisiana Highway Safety Commission to establish a highway safety corridor program. Creates the Safety Corridor Advisory Group to establish objective criteria for designating a segment of highway as a safety corridor. Requires fine to be twice the standard fine while on the portion of a highway designated as a safety corridor. Requires the penalty for a safety corridor violation be a fine of not more than $100. Exempts the DOTD secretary, the LSP superintendent, and the LHSC executive director from liability for any property damages, injuries, or deaths that may arise from any enforcement in the highway safety corridor. (Adds R.S. 32:57(I), 57.3, 267, and 267.1) HB 654 Moore. Act 478. Effective June 29, 2021
Personal delivery device. Regulates and defines personal delivery devices as powered devices that travel at 20 mph or less for transporting cargo and goods and equipped with automated driving technology that enables operation with remote support and supervision of a human being. Specifies that device operated in compliance with law is not considered a vehicle. Requires business entity that operates device to maintain no less than $100,000 of general liability insurance on the personal delivery device. (Adds R.S. 32:210 - 210.7) SB 147 Ward. Act 214. Effective June 11, 2021
Vetoed. Prohibits the Office of Motor Vehicles from including vaccination verification or immunity status on a driver’s license or state identification card and from using such records for the issuance, renewal, or revocation of a driver’s license or state identification cards. (Adds R.S. 32:411.2 and R.S. 40:1321(N)(3) and (4)) HB 349 Edmonston.
Duplicate driver’s license. Allows for replacement of a lost driver’s license by mail or online. Requires a sworn affidavit by a physician certifying that an applicant who is 70 years of age or older possesses all cognitive functions reasonably necessary to be a prudent driver. Immunity for state from liability for any property damages, injuries, or deaths that may arise from an applicant’s involvement in an accident attributed to the applicant’s medical condition. (Amends R.S. 32:413; adds R.S. 40:1321.1) HB 550 Muscarello. Act 239. Effective Aug. 1, 2021
Vetoed. Amends third-party alcoholic beverage delivery laws to clarify the delivery distance radius, penalties, and necessary permits. (Amends R.S. 26:274(A)(2) and 308(B), (C)(6), (8), and (11)(c), and (J); adds R.S. 26:308(C)(12)(b)(i)-(iii)) HB 571 Stefanski.
Domestic violence TRO. Simplifies the process for domestic violence victims to get a restraining order against their abusers by allowing use of a written affirmation instead of a notarized affidavit. (Amends C.C.P. Art. 3603(A), Ch.C. Art. 1568(D), and R.S. 46:2134(D); adds C.C.P. Art 3603.1(C)(3)) HB 55 Freeman. Act 394. Effective Aug. 1, 2021
Law Institute. Children’s Code revision. Adds due process rights of the parties at a child-in-need-of-care disposition hearing. Allows service on nonresident parents to be made by certified mail. Updates outdated references and makes other technical corrections. (Amends Ch.C. Arts. 603(2)(e), 680, 1022, and 1226, R.S. 13:1139 and 1587.1(C), R.S. 15:1082, 1098.1(A), and 1099.1, R.S. 24:175(B) and 176(B), R.S. 44:3(A)(6), and R.S. 46:1251(B), 1901(B), 2411, and 2417(C); repeals Ch.C. Art. 606(A)(6)-(8)) SB 9 Price. Act 158. Effective Aug. 1, 2021
Partition of community property. Requests the Louisiana State Law Institute to study community property partition laws and to report its findings and recommendations to the Louisiana Legislature no later than Feb. 1, 2022. HCR 92 Davis.
Workers’ compensation, labor, employment
Sexual assault in the workplace — punitive damages. Creates a cause of action and allows exemplary damages against a perpetrator of sexual assault in the workplace. Extends prescription to three years. Allows for court costs, attorney fees, and other related costs to the defendant, as well as other sanctions and relief under C.C.P. Art. 863 for frivolous or fraudulent claims. (Adds C.C. Art. 2315.11) HB 379 Larvadain. Act 411. Effective Aug. 1, 2021
Workers’ compensation claims. Requires insurers to either maintain a claims office in Louisiana or have a Louisiana-licensed claims adjuster. Requires insurer to make claims adjuster available for deposition via telephone or video conference in the event a disputed claim for compensation is filed in which liability for statutory penalties and attorney fees are at issue. Further, requires insurer to make adjusters available for in-person testimony at the insurer’s expense if a trial becomes necessary to adjudicate the disputed claim for compensation. (Amends R.S. 22:337(A)(17) and R.S. 23:1161.1(A); enacts R.S. 23:1161.1 (E)) HB 74 Frieman. Act 255. Effective Aug. 1, 2021
Prohibits discrimination based on criminal history by requiring employers to consider the nature and gravity of an offense, the time that has lapsed since the offense, and the nature of the job sought. (Adds R.S. 23:291.2) HB 707 Willard. Act 406. Effective Aug. 1, 2021
Requires reasonable accommodations for medical needs arising from pregnancy, childbirth, and related medical conditions unless the accommodation would impose an undue hardship. (Amends R.S. 23:341(B)(1) and 342; adds R.S. 23:341(D) and 341.1) SB 215 Barrow. Act 393. Effective Aug. 1, 2021
Unemployment compensation. Amends penalties for the misclassification of employees and provides criteria for classifying employees as independent contractors. (Amends R.S. 23:1711(G)(1); adds R.S. 23:1711.1) HB 705 Riser. Act 455. Effective Aug. 1, 2021
Employee misclassification amnesty. Creates an amnesty fresh start program for employers’ misclassification of employees. (Adds R.S. 23:1771-1776) SB 244 Luneau. Act 297. Effective Jan. 1, 2022
Prohibits deceptive solicitation to businesses registered with the secretary of state and solicitation to residents for the purchase of a warranty, except when the solicitor has an existing business relationship with the resident. Deceptive practice subject to the enforcement provisions of the Unfair Trade Practices and Consumer Protection Law. (Adds R.S. 51:391(A)(3) and 392) HB 64 Echols. Act 269. Effective Aug. 1, 2021
Bank solicitor false advertising. Allows the commissioner of the Office of Financial Institutions and the state attorney general to enforce rules against improperly using a lender’s name, trade name, service mark, or trademark in a solicitation for the offering of services or products to a consumer. (Adds R.S. 6:412.1(I) and (J)) HB 359 Hollis. Act 267. Effective Aug. 1, 2021
Defamation. Repeals criminal defamation provisions that have been ruled unconstitutional, including defamation, presumption of malice, qualified privilege, and absolute privilege. (Repeals R.S. 14:47-50 and R.S. 15:443) HB 23 Owen. Act 60. Effective Aug. 1, 2021
Criminal law prescriptive period. Changes C.Cr.P. Art. 573(4) applicability from when the offense charged is aggravated battery and the victim is under 17 years of age to when the offense charged is a felony crime of violence R.S. 14:2(B) or cruelty to juveniles R.S. 14:93 and the victim is under 18 years of age, unless a longer period of limitation is established by Article 571.1 or any other provision of law. (Amends C.Cr.P. Art. 573(4)) HB 33 Stagni. Act 142. Effective Aug. 1, 2021
Reduces the time a person can be held in jail without being charged for a misdemeanor from 45 to 30 days. (Amends C.Cr.P. Art. 701(B)(1)(a)) HB 46 James. Act 252. Effective Jan. 1, 2022
Removes prohibition on parole and sets eligibility criteria for those who meet certain conditions. (Amends R.S. 15:574.4(A)(2) and (B)(1); adds R.S. 15:574.4(A)(6)) HB 145 Bryant. Act 122. Effective Aug. 1, 2021
Decreases fees for individuals on unsupervised parole or with an inactive parolee status. (Amends C.Cr.P. Art. 895.1(C) and R.S. 15:574.4.2(A)(2)(e)) HB 248 James. Act 125. Effective Aug. 1, 2021
Allows an offender who completes a bachelor’s or master’s degree while in custody to earn additional good time credit. (Adds R.S. 15:828(E) and (F)) HB 32 Selders. Act 5. Effective Aug. 1, 2021
Removes the restriction that a misdemeanor conviction can only be discharged and dismissed once during a five-year period. (Amends C.Cr.P. Art. 894(B)(2)) HB 232 Marino. Act 124. Effective Aug. 1, 2021
Requires a defendant to be informed of certain rights and consequences prior to pleading guilty or nolo contendere. Failure to inform does not constitute grounds for reversal under Article 921. Specifies that utilizing a form that conveys information to the client shall constitute prima facie evidence that the content was conveyed and understood. (Adds C.Cr.P. Art. 556.1(A)(5)) HB 106 Carpenter. Act 271. Effective Aug. 1, 2021
Law enforcement/Council on Peace Officer Standards and Training
Allows suspending or revoking POST certification for officer misconduct. Requires policy to increase minority recruitment. Requires anti-bias and duty-to-intervene officer training. Enacts penalties for agency non-compliance with POST reporting. Requires agencies be certified to investigate officer-involved shootings resulting in death or great bodily harm. (Amends R.S. 40:2404.2(C); adds R.S. 15:1212.1(G), R.S. 40:2401.2, 2401.3, 2404(12), and 2555) HB 129 Bacala. Act 418. Effective Aug. 1, 2021
POST. Requires guidelines and officer training to ensure the safety of dependent children upon the arrest of a parent or guardian. (Adds R.S. 40:2405.9 and C.Cr.P. Art. 223) HB 325 Larvadain. Act 126. Effective Aug. 1, 2021
Amends time periods for disciplinary matters in the officer’s bill of rights. The time allowed for an officer under investigation to obtain an attorney drops to 14 days from 30 days, and the length of time an agency has to complete an internal investigation increases from 60 days to 75. Requires sustained complaints to remain in the officer’s personnel file for a period of at least 10 years. (Amends R.S. 40:2531(B)(4)(b)(i) and (ii) and (7); adds R.S. 40:2533(D)) HB 430 James. Act 451. Effective Aug. 1, 2021
Prohibits chokeholds and no-knock warrants and mandates policies for dashboard and body-worn cameras by Jan. 1, 2022. Chokeholds would only be allowed when the officer reasonably believes he or another person is at risk of great bodily harm or when deadly force is authorized. No-knock warrants are prohibited unless a district judge finds probable cause that the circumstances demand them. Prohibits any evidence obtained from a search warrant in violation of law from being admitted into evidence for prosecution. (Adds R.S. 40:2551-2553, and C.Cr.P. Art. 162.3) SB 34 Fields. Act 430. Effective Aug. 1, 2021
Environmental self-audit. Requires the Department of Environmental Quality to establish a voluntary environmental self-audit program. Provides procedures for conducting the self-audit; submission of the results to the department; the period of time that information contained in the self-audit may be held confidential, which cannot exceed two years; incentives; corrective actions; submission of a corrective plan; and fees for reviewing the audit and corrective plan. (Amends R.S. 30:2018(C) and 2030(A)(2); adds R.S. 30:2030(A)(3) and 2044) HB 72 Coussan. Act 481. Effective Aug. 1, 2021
Sexual assault residential lease. Allows survivors of sexual assault to terminate their residential lease early after presenting the specified documentation. Requires entire lease to terminate. Further, lessor is entitled to an immediate eviction of a sexual assault offender upon presenting the court with the documentation of the assault. Provides immunity for lessor from any and all lawsuits, claims, demands, or causes of action filed by or on behalf of lessees. (Adds R.S. 9:3261.2) HB 375 Freeman. Act 1. Effective June 1, 2021
Vetoed. COVID-19. Prohibits discrimination by government agencies and officials on the basis of COVID-19 vaccination or immunity status. (Adds R.S. 49:186) HB 498 Edmonston.
Vetoed. Termination of emergency declarations. Specifies that the Legislature may terminate the entire state of emergency or any section or subsection of an emergency declaration by petition signed by a majority of the members of both houses of the Legislature. (Amends R.S. 29:724(B)(2) and 768(B)) HB 149 Frieman.
Increases the early voting period for presidential elections from seven days to 11 days. (Amends R.S. 18:1309(A)(1)(a)(i)) HB 286 Jones. Act 365. Effective June 16, 2021
Vetoed. Requires a supplemental annual canvass of registered voters. HB 138 Farnum.
Vetoed. Prohibits the use of private funds for election-related expenses. HB 20 Miguez.
Vetoed. Authorizes political parties to designate a poll watcher at every precinct, a super watcher in each parish, and an early voting watcher at early voting locations. HB 704 Hodges.
Vetoed. Requires a voter to include their driver’s license, special identification card number, or the last four digits of their Social Security number on absentee-by-mail applications, ballot envelopes, and early voting identification affidavits. Prohibits recording or transmitting information read aloud during ballot tabulations. SB 224 Cloud.
Vetoed. Requires the legislative auditor to audit election processes and specifies retention policies for certain election records. SB 220 Cloud.
Constitutional Amendments — October 9, 2021
Creates the State and Local Streamlined Sales and Use Tax Commission and authorizes the Legislature to enact laws regarding the centralized electronic filing, remittance, and collection of sales and use taxes. (Adds Const. Art. VII, § 3.1) HB 199 Schexnayder. Becomes Act 131. Effective: See act.
Allows the governor to avoid a deficit by reducing statutory dedications by 10 percent of the total appropriation instead of 5 percent of the appropriation. (Amends Article VII, § 10(F)(2)(a) and (b)) HB 487 Echols. Becomes Act 157. Effective: See act.
Provides for the taxing authority of levee districts. (Amends Const. Art. VI, Sec. 39) SB 87 Connick. Becomes Act 132. Effective: See act.
Reduces the maximum rate of individual income tax and changes the deduction for federal income taxes paid from mandatory to permissive. (Amends Const. Art. VII, Sec. 4(A)) SB 159 Allain. Becomes Act 134. Effective: See act.
Constitutional Amendments ─ November 8, 2022
Authorizes a local government to waive charges for water lost due to damage not caused by the customer. (Amends Const. Art. VII, § 14(B)) HB 59 LaCombe. Becomes Act 155. Effective: See act.
Limits the amount of the increase in the assessed value of certain immovable property in Orleans Parish following reassessment of property for purposes of ad valorem taxes. (Amends Const. Art. VII, § 18(F)(2)(a); adds Const. Art. VII, § 18(F)(3)) HB 143 Willard. Becomes Act 129. Effective: See act.
Increases the cap on the amount of money in certain state funds that can be invested in stocks. (Amends Article VII, §§ 10.1(B), 10.8(B), 10.11(D), and 14(B)) HB 154 Zeringue. Becomes Act 130. Effective: See act.
Allows members of civil service systems to support a political candidate within their immediate family. (Amends Const. Art. X, §§ 9 and 20) HB 315 Goudeau. Becomes Act 156. Effective: See act.
Allows taxing authorities to adjust ad valorem millage rates. (Amends Const. Art. VII, § 23(C)) SB 154 Smith. Becomes Act 133. Effective: See act.