LAJ summary of selected bills and effective dates
2022 Regular Session of the Louisiana Legislature
LAJ staff compiled this summary of selected bills enacted during the 2022 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.
To access 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.
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Practice and procedure
Immunity
Judiciary, jurisdiction, venue
Practice of law
Family law
Juvenile justice
Labor, employment, workers' compensation
Criminal law and procedure
Professional liability, licensure, medical malpractice and procedure
Nursing home oversight
Miscellaneous
Constitutional amendments
November 8, 2022
December 10, 2022
November 13, 2023
Requires insurance companies to cover the temporary use of a motor vehicle that is not owned by the policyholder. Enacted in direct response to the Louisiana Supreme Court decision in Calvin Landry & Mary Landry v. Progressive Security Insurance Company, et al., 2021-C-00621 (January 28, 2022) (Adds R.S. 22:1296.1) HB 870 LaComb. Act 93; SB 117 Luneau. Act 77. Effective Aug. 1, 2022
Enacts the Louisiana Agriculture Transportation Group Self-Insured Fund. Allows creation of self-insurance funds providing coverage for vehicles used in the course and scope of timber or agriculture business. Five or more Louisiana timber or agriculture companies each of which has a positive net worth and is financially solvent may pool their liabilities and self-insure. This arrangement is not deemed to be an insurer or insurance and shall not be subject to the Louisiana Insurance Code. Requirements include: mutual indemnity agreements, excess or reinsurance of not less than $2 million per occurrence, and a rating of A- or better. Active Lloyd’s of London underwriters are acceptable upon prior approval; funds are subject to capital calls, audits, and Department of Insurance inspection. (Adds R.S. 3:4351.1-3:4351.16) SB 437 Mills, Robert. Act 598. Effective June 18, 2022; HB 1078 Seabaugh. Act 586. Effective June 17, 2022
Speed cameras. Designates the Atchafalaya Basin Bridge as a highway safety corridor and requires the Department of Transportation and Development to install camera-safety devices on the bridge and place signs stating “Safety Corridor, Fines Doubled for Speeding and Other Violations.” (Adds R.S. 32:57(J) and 268) SB 435 Cortez. Act 426. Effective Aug. 1, 2022
Adds a child, brother, or sister given in adoption into the class of people with a right of action in a wrongful death or survival action. See Rismiller v. Gemini Insurance Co., 20-0313 (La. 6/30/21), (Amends C.C. Arts. 2315.1(D) and 2315.2(D)) HB 887 Carter, Robby. Act 718. Effective Aug. 1, 2022
Prescription, abuse of minor. Specifies that any person whose cause of action related to sexual abuse of a minor was barred by liberative prescription shall be permitted to file an action on or before June 14, 2024. Further provides that the revival of claims includes any cause of action related to sexual abuse of a minor that previously prescribed under any Louisiana prescriptive period. (Amends R.S. 9:2800.9(A)(1)) HB 402 Hughes. Act 386. Effective June 10, 2022
Law Institute. Recusal of judges — civil. Requires the judge who is the subject of the motion to recuse to act within seven days after receiving the motion from the clerk of court. Allows a judge of a court of appeal to deny a motion to recuse that fails to set forth a ground for recusal without the appointment of an ad hoc judge or a hearing, but the judge must give written reasons for the denial. (Amends C.C.P. Arts. 154(B) and 4862; adds C.C.P. Art. 158(C)) HB 184 Miller, Gregory. Act 38. Effective Aug. 1, 2022
Provides for suspension of prescriptive and peremptive periods during declared disasters and emergencies. (Amends C.C. Arts. 3461 and 3472.1; adds C.C.P. Art. 196.2; repeals C.C.P. Art. 562) HB 389 Pressly. Act 469. Effective Aug. 1, 2022
Requires that when a defendant is added, the additional defendant is to be served with the original and amended or supplemental petitions. (Amends C.C.P. Art. 1201(C)) HB 264 Seabaugh. Act 455. Effective Aug. 1, 2022
Audiovisual. Allows hearing on any motion or exception to be conducted by any audiovisual means at the court’s discretion. Further, if witness testimony is necessary, a party may request that the hearing be conducted in person. Allows a judge trial to be conducted by any audiovisual means with the consent of all parties and permission of the court. (Adds C.C.P. Art. 195.1) HB 124 Muscarello. Act 372. Effective Aug. 1, 2022
Fax filing. Requires that equipment used to accept facsimile filings cannot be intentionally turned off or disconnected and that filing is deemed complete on the date and time indicated on the clerk of court facsimile transmission receipt. (Amends R.S. 13:850(A) and (D); adds R.S. 13:850(E)) HB 164 Pressly. Act 115. Effective Aug. 1, 2022
Juror compensation. Increases civil juror compensation in Jefferson and Orleans parishes from $25 to $50 per day to be equal to juror compensation in civil trials across the state. (Amends R.S. 13:3049.1(B) and 3105(A)) SB 398 Peacock. Act 314. Effective June 10, 2022
Allows clerk of court to convert into an electronic record any pleading, document, or exhibit; and requires clerk of court to preserve the originals of conveyances. (Amends C.C.P. Art. 253(B)) SB 486 Morris. Act 318. Effective Aug. 1, 2022
Trust. Provides for creation of irrevocable trusts for permanently disabled interdicts who will not recover capacity for the purpose of retaining governmental benefits. Terminates upon death. (Amends C.C.P. Art. 4566(D)) HB 58 Miller, Gregory. Act 22. Effective Aug. 1, 2022
Law Institute. Revocable trusts. Provides that the duties of the trustee are owed exclusively to the settlor while a trust is revocable unless otherwise provided by the trust instrument. (Amends R.S. 9:2061) HB 172 Miller, Gregory. Act 37. Effective Aug. 1, 2022
Law Institute. Return of donated property. Repeals the ascendant’s right to inherit movables donated to a descendant. (Repeals C.C. Arts. 897 and 898) HB 225 Miller, Gregory. Act 40. Effective Aug. 1, 2022
Small succession. Allows that for recordation purposes, a photocopy of the certified death certificate may serve as, and take the place of, the certified copy of the death certificate. (Amends C.C.P. Art. 3434(C)(1)) HB 309 Jenkins. Act 44. Effective Aug. 1, 2022
Allows lawsuits against state and local governments to recover statutory past medical expenses. Prospective only. (Amends R.S. 9:2800.27(G)) HB 896 McFarland. Act 511. Effective Aug. 1, 2022
Specifies that a remote online notarial act is deemed to be executed in any parish where the notary is physically located. Requires notary to have jurisdiction in the parish of execution in order for the act to be executed. Allows venue for contracts that are remote online notarial acts to be in any parish in which a party was physically located at the time of the notarization. (Amends R.S. 35:626(B); adds R.S. 35:626(C)) HB 903 Miller, Gregory. Act 192. Effective Aug. 1, 2022
Repeals the fees and mileage rates for witnesses residing or employed within the parish or outside the parish but within 25 miles of the courthouse. Repeals R.S. 13:3671 that contradicts R.S. 13:3661. (Repeals R.S. 13:3671) HB 59 Miller, Gregory. Act 99. Effective Aug. 1, 2022
Adds parties who may inspect records or be issued a death certificate by the state registrar. (Adds R.S. 40:41(C)(1)(f)-(i)) HB 204 Miller, Gregory. Act 612. Effective Aug. 1, 2022
Garnishment. Adds tips reported to the employer and other income to the types of garnishments that judgment can be rendered against. (Amends C.C.P. Arts. 2412(D), 2414, and 2415, and R.S. 13:3921(A) and 3923) SB 284 Foil. Act 265. Aug. 1, 2022
Sheriff sales. Provides for release of superior mortgage payoff amount for sheriff sales. (Amends R.S. 6:333(B); adds C.C.P. Art. 2336.1) SB 363 Foil. Act 91. Effective Aug. 1, 2022
Insurance, catastrophe response
Out-of-state claims adjuster. Requires a nonresident insurance claims adjuster who adjusted a Louisiana claim to appear and testify at the trial in the parish or venue in which a civil suit is pending and to be available for deposition by telephone or video teleconference. Does not apply to an adjuster for an insurer domiciled in Louisiana. (Amends C.C. Art. 1435) SB 214 Luneau. Act 504. Effective Aug. 1, 2022
Requires Louisiana Department of Insurance to create a database of insurance claims adjusters that includes regularly licensed adjusters and out-of-state adjusters with an emergency registration following a catastrophe. (Adds R.S. 22:1679) HB 682 Brown. Act 389. Effective Jan. 1, 2023
Establishes standards for communication and status updates between a residential policyholder and their insurance company following a named storm or hurricane. Applies when the insurer assigns a third or subsequent claims adjuster within a six-month period. (Adds R.S. 22:46(14.1) and R.S. 22:1897) SB 198 Talbot. Act 263. Effective Aug. 1, 2022
Requires the insurance commissioner to prepare a handbook for adjusting claims and make it available to catastrophe claims adjusters. Requires a catastrophe claims adjuster to certify that he has read and understands the handbook within 10 days of registration. (Amends R.S. 22:1667(A)) HB 935 Boyd. Act 575. Effective Jan. 1, 2023
Claims settlement proceeds statement. Requires an insurer to provide a statement indicating the dollar amount of insurance proceeds paid under each type of coverage if the insurer issues a check, draft, or other negotiable instrument that is jointly payable to an insured and a mortgagee or mortgage servicer as payment of insurance settlement proceeds for multiple types of coverage. (Adds R.S. 22:1892(A)(6)) HB 558 Willard. Act 735. Effective Aug. 1, 2022
Establishes deposit and disbursement procedures for a property insurance settlement on a mortgaged residence. (Amends R.S. 6:337 and 338) HB 1064 Farnum. Act 744. Effective Aug. 1, 2022
Additional living expense coverage. Provides that in the event of a total loss to an insured dwelling caused by a covered peril, if the insured has additional living expense coverage, the insurer shall, upon request by an insured, render an advance payment equal to the estimated value of three months of increased cost-of-living expenses, as defined in the policy, required for the members of the household to maintain their normal standard of living. (Adds R.S. 22:1338) HB 831 Firment. Act 558. Effective Jan. 1, 2023
Property appraisal provision. Amends the appraisal provision to provide that if an insured files a lawsuit relative to his policy prior to a demand for appraisal, the lawsuit will be held in abatement during the period between a timely demand for appraisal and the deadline for execution of an appraisal award. Provides that court of record in which the property is located may enforce the deadlines in the appraisal clause, set a reasonable deadline for timely demanding appraisal after all parties have filed pleadings, and require compliance with discovery and disclosure obligations relative to aspects of the lawsuit unrelated to the appraisal. (Amends R.S. 22:1892(G)) HB 856 Geymann. Act 559. Effective Jan. 1, 2023
Eroding policies. Authorizes the insurance commissioner to waive the prohibition to the reduction of the liability limits contained in a policy or contract due to the expenses of defense in a suit under a policy or contract. Prohibits waiving the prohibition for all personal lines and medical malpractice. Allows application for commercial vehicle and commercial general liability. (Amends R.S. 22:1272) SB 428 Mills, Robert. Act 675. Effective June 18, 2022
Establishes the Hurricane Mediation Program. Governor instead of Department of Insurance triggers access to voluntary statewide mediation. Insured may request mediation for a disputed, residential property insurance claim for property damage up to $150,000 if the governor declares a state of emergency. Allows insured to be represented by an attorney or other representative in the mediation. Does not apply to commercial insurance policies, private passenger motor vehicle insurance, or disputes relating to liability coverages in policies of property insurance. (Adds R.S. 22:2651-2657) SB 212 Stine. Act 591. Effective Jan. 1, 2023
Requires the commissioner of insurance to promulgate rules and regulations for a catastrophe claim process disclosure form. (Adds R.S. 22:1897) SB 163 Talbot. Act 80. Effective Jan. 1, 2023
Special master for disaster area. Provides that opt-out shall not apply to any order initially issued on or before Dec. 31, 2022, in any judicial district that has not previously issued an order related to the qualifying disaster event. Authorizes that a guaranty association can voluntarily participate in a mediation that is initiated pursuant to a case management order six months after the guaranty association assumes responsibility for the payment of the covered claim pursuant to an expressed order of the receivership court or pursuant to an order of liquidation by the receivership court or at a time prior to the expiration of six months as the guaranty association in its sole discretion determines that it has sufficient information to participate in a mediation, but participation by the guaranty association in mediation can waive any rights it is afforded to under law. (Amends R.S. 13:4165(F)(7); adds R.S. 13:4165(F)(9) and (10)) SB 402 Abraham. Act 753. Effective June 18, 2022
Requires every company that offers insurance contracts to maintain a catastrophe response plan detailing how it will respond to an emergency or disaster. (Amends R.S. 22:572) HB 521 Huval. Act 157. Effective Jan. 1, 2023
Creates the Louisiana Fortify Homes Program to offer grants to retrofit roofs of property with a homestead exemption against catastrophic wind events. Terminates June 30, 2025. (Adds R.S. 22:1483.1) HB 612 Huval. Act 554. Effective Jan. 1, 2023
Loss of use. Requires residential insurers to interpret all actions of a civil authority without regard to whether formal orders of evacuation were issued when fulfilling “loss-of-use” benefits. (Adds R.S. 22:1273) HB 83 Schlegel. Act 434. Effective Jan. 1, 2023
Repair contracts. Enacts provisions regarding repair contracts following natural disasters including 10-day cancellation, payments and refunds, notices, and venue for disputes. (Adds R.S. 9:2784.1) HB 703 Miller, Gregory. Act 632. Effective Aug. 1, 2022
Home improvement contracts, attorneys, deductibles. Prohibits home improvement contracting services from engaging in the following acts: interpreting insurance policy provisions under an insured’s property insurance policy; adjusting a property claim on behalf of an insured; providing an insured with an agreement authorizing repairs without providing a good faith estimate; sharing legal fees earned by a lawyer; requiring an insured to sign an attorney representation agreement; accepting fees, commissions, or other valuable considerations in exchange for a referral by the person or company to an attorney or law firm; and accepting an assignment of any rights, benefits, proceeds, or causes of action of an insured prior to completing the work described in the contract and the insurer conducting its initial examination of the damage. (Amends R.S. 51:451(A); adds R.S. 37:2175.3(A)(12)-(18) and R.S. 51:452) HB 539 Firment. Act 734. Effective Aug. 1, 2022
Deductibles. Requires commissioner of insurance to prescribe a separate form for named storm, hurricane, and wind and hail deductibles proposed in a homeowner insurance policy that lists the specific amount for each deductible expressed as a percentage of the insured value of the property, or as a specific dollar amount, or as both. Specifies that the form is for informational purposes only. (Adds R.S. 22:1337(D)) HB 317 Willard. Act 331. Effective Jan. 1, 2023
Commissioner of insurance. Increases the aggregate penalty from $250,000 to $500,000 for a person who knowingly engages in unfair trade practices within insurance. (Amends R.S. 22:1969(A)(1)) SB 209 Stine. Act 683. Effective Aug. 1, 2022
Utility reconnection. Reduces subjectivity during building inspections by specifying the building codes inspectors should use. (Amends R.S. 40:1730.33) HB 598 Selders. Act 705. Effective Aug. 1, 2022
Prevents property owners from evicting tenants for 30 days in areas under a federal disaster declaration. Allows lessee to recover the greater of $500 or twice the amount of monthly rent from the lessor or owner. (Adds C.C.P. Art. 4731(C)) HB 160 Landry. Act 442. Effective Aug. 1, 2022
Mardi Gras parade/krewe. Adds paid Mardi Gras float drivers and employees to the current immunity for krewes unless the loss or damage was caused by the deliberate and wanton act or gross negligence of the member, contractor, or employee of the contractor. (Amends R.S. 9:2796(A)) HB 923 McKnight. Act 740. Effective Aug. 1, 2022
Animal cruelty. Civil and criminal immunity for licensed veterinarians or licensed veterinary technicians who report suspected criminal acts if they report in good faith and have reasonable cause. The reportable, suspected criminal acts are: cruelty to animals, simple and aggravated; dogfighting; injuring or killing of a police animal; hog and canine fighting; sport killing of zoo or circus animals; cockfighting; and unlawful restraint of a dog. HB 842 McMahen. Act 59. Effective Aug. 1, 2022
Firearm hold agreement. Immunity for someone with a federal firearms-dealer license holding a firearm for someone else for a period of time, provided no illegal activity is involved. (Adds R.S. 40:1800) HB 260 Magee. Act 453. Effective Aug. 1, 2022
Judiciary, jurisdiction, venue
19th JDC. Adds domestic violence matters as an assignable subject matter for creating new divisions located in the 19th Judicial District Court. (Amends R.S. 13:587.3(A)) HB 110 Marcelle. Act 203. Effective Aug. 1, 2022
22nd JDC. Adds a second commissioner to the 22nd Judicial District Court and authorizes commissioners to preside over domestic violence cases and civil matters. (Amends R.S. 13:721 and 722) SB 51 Mizell. Act 291. Effective Aug. 1, 2022
Hammond. Increases the jurisdictional amount for eviction proceedings in the City Court of Hammond from $3,000 to $5,000. (Amends C.C.P. Art. 4844) HB 28 Muscarello. Act 361. Effective Aug. 1, 2022
Houma. Increases the jurisdictional limit from $20,000 to $30,000 for the City Court of Houma. (Amends C.C.P. Art. 4843(D) and (F)) HB 36 Magee. Act 98. Effective Aug. 1, 2022
Lawyer ads. Requires that attorney advertisements that cite monetary awards must include a disclaimer such as “results may vary” and disclose whether real clients and circumstances are cited in ads; disclosures must be clear and legible, if written. Prohibits ads that use a nickname, moniker, motto, or trade name that states or implies an ability to obtain results in a matter. Prohibits ads that promise results. Allows Louisiana Supreme Court to adopt rules to implement and enforce the provisions by Dec. 22, 2022. (Amends R.S. 37:223) SB 383 Peacock. Act 775. Effective June 20, 2022
Drug and medical device ads. Prohibits deceptive or misleading advertisements presented as a medical alert, health alert, drug alert, or public service announcement related to prescription drugs or medical devices. Specifies that violation is a deceptive and unfair trade practice and violator is subject to penalties in the Unfair Trade Practices and Consumer Protection Law. Does not apply to any member of a profession regulated by the Louisiana Supreme Court. (Adds R.S. 51:3221) SB 378 Peacock. Act 700. Effective Aug. 1, 2022
Law Institute. Continuous revision of the Children’s Code to provide for: determination of indigency; appointment of counsel; preparation of the record; definitions; authorization to the Indigent Parents’ Representation Program; Child in Need of Care proceedings; safety of a child; reasonable efforts of the Department of Children and Family Services; welfare of a child; removal of a child; remove outdated language; continued safety plan hearing; notice of court orders; service made on a child; authorize service by commercial courier; confirmation of electronic delivery; child to remain in the custody of a parent; require written reasons for removal; return of the child; modification of judgments; and to provide a cross reference. HB 360 Hilferty. Act 272. Effective Aug. 1, 2022
Law Institute. Provides that a spouse may, at any time, request an award of rent from a spouse exercising exclusive use and occupancy of a residence and that an award of rent may be retroactive to the date of filing the motion, but shall only be awarded for the actual period of time the other spouse was occupying the residence. (Amends R.S. 9:374(B), (C), (D), and (E); adds R.S. 9:374(F) and (G)) HB 403 Jefferson. Act 620. Effective Aug. 1, 2022
Allows an adoptee who is 24 years or older to request an uncertified copy of his original birth certificate that shows the names of birth parents. The birth parents can insert a card in the sealed record that says whether they want to be contacted and, if so, the preferred contact method. (Amends Ch.C. Arts. 1186(A) and 1188(C) and R.S. 40:73(A), (B), and (D), 77(A), (B), and (D), and 79(A)(4) and (D); adds R.S. 40:73(E) and (F), 77(E) and (F), and 79(E) and (F)) HB 450 Owen. Act 470. Effective Aug. 1, 2022
Child support. Provides that in past-due child support actions, the court may, rather than shall, order the suspension of licenses; removes the necessity of a good cause finding to avoid the suspension of licenses. Specifies that the court shall not issue an order for a suspension of a license unless it finds that a properly issued immediate income assignment or garnishment of wages did not result in the withholding or seizure of income and the obligor has not otherwise made payment. (Amends R.S. 9:315.32(A)) SB 489 Jackson. Act 772. Effective June 18, 2022
Adoption. Requires in-home visits before approval of adoption of a child through a licensed private adoption agency or Department of Social Services if the child is in custody of the department. The inspections can be by a social worker in the employ of a licensed adoption agency, a licensed social worker, a licensed professional counselor, a licensed psychologist, a medical psychologist, a licensed psychiatrist, or a licensed marriage and family therapist, or, if the child is in custody of the department, by a department employee or designee. (Amends Ch.C. Arts. 1207, 1213(A) and (C), 1229, and 1235(A) and (C); repeals Ch.C. Arts. 1213(D) and 1235(C)) HB 727 Bacala. Act 633. Effective Aug. 1, 2022
Prohibits discrimination based on a person’s natural, protective, or cultural hairstyle in education, employment, public accommodations, and housing. (Amends R.S. 17:111(A), R.S. 23:332(A)(1) and (2), (B), (C)(1) and (2), (D), (E), (F)(1) and (2), and (H)(3) and (4), R.S. 51:2232(5), 2236(A), 2602(A), 2606(A)(1)-(5), 2607(A), and 2608; adds R.S. 23:332(I) and R.S. 51:2232(11) and 2603(13)) HB 1083 Newell. Act 529. Effective Aug. 1, 2022
Cotutorship. Adds that the cotutors have equal authority to act alone or on behalf of the child and that these cases are called tutorship by nature. (Amends C.C. Arts. 250 and 256(C)) SB 102 Foil. Act 121. Effective May 25, 2022
Authorizes a child’s given surname to be consistent with the national custom or practice of the mother or man whose surname may be given to the child when the mother or man possesses both a maternal and paternal surname. (Adds R.S. 40:34.2(2)(e)) HB 507 Marino. Act 645. Effective Aug. 1, 2022
Requires the Office of Juvenile Justice to implement a tiered system of secure juvenile facilities by Jan. 1, 2023. (Adds R.S. 15:903.1) SB 323 Cloud. Act 693. Effective Aug. 1, 2022
Clarifies that the district attorney has discretion to prosecute youth in juvenile court or to transfer the case for adult prosecution. (Amends Ch.C. Art. 305(A)(2) and (B)(3); adds Ch.C. Art. 305(A)(3)) SB 71 Connick. Act 175. Effective Aug. 1, 2022
Creates the crime of recruitment of juveniles to commit carjacking. (Adds R.S. 14:64.2.1 and R.S. 15:1352(A)(69)) HB 447 Hughes. Act. 220. Effective Aug. 1, 2022
Solitary confinement. Prohibits solitary confinement in juvenile facilities except in limited circumstances as a temporary response to behavior that poses a serious and immediate threat. Limits time in solitary confinement to eight hours. Requires continual monitoring of the juvenile and visual and verbal contact with each youth every 10 minutes. Requires a mental health practitioner to speak to the juvenile within the first hour and every hour thereafter to help the juvenile de-escalate and exit solitary confinement as soon as possible. (Adds R.S. 15:905(F)) HB 746 Duplessis. Act 496. Effective Aug. 1, 2022
Authorizes the release of inconclusive or not-justified reports of child abuse to authorities in the course of investigations or legal proceedings upon request when the requesting agency has good cause to believe that the files, records, or information contain material that may be constitutionally required to be disclosed pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. (Amends Ch.C. Art. 615(E); adds Ch.C. Art. 615(E)(4) and (G)) HB 848 Bryant. Act 232. Effective Aug. 1, 2022
Establishes a private right of action against commercial entities that publish or distribute material harmful to minors and fail to place reasonable verification methods to confirm the age of individuals attempting to access the material on the Internet. (Adds R.S. 9:2800.28) HB 142 Schlegel. Act 440. Effective Jan. 1, 2023
Labor, employment, workers’ compensation
Requires a workers’ compensation judge to grant a continuance if the parties, whether represented or unrepresented, agree to a continuance of a mediation, hearing, or trial by filing a joint motion to continue or an uncontested motion to continue. (Adds R.S. 23:1310.5.1) HB 93 Frieman. Act 435. Effective Aug. 1, 2022
Requires workers’ compensation judge to order a stay of the proceeding upon an uncontested or a joint motion to stay and for the stay to remain in effect as long as both parties agree. Requires a telephone status conference at least every six months. LAC 40:1.5705(A) abandonment does not apply during pendency of the stay. (Adds R.S. 23:1310.5.1) HB 239 Frieman. Act 451.Effective Aug. 1, 2022
Police whistleblower protection. Police employee may bring an action for treble damages of injury suffered in retaliation for reporting malfeasance in office. (Adds R.S. 40:2537) HB 745 Green. Act 634. Effective Aug. 1, 2022
Police hearing loss. Adds hearing loss as an occupational disease of those employed in the classified police service. (Adds R.S. 33:2581.3) HB 1072 Horton. Act 527. Effective Aug. 1, 2022
Firefighter cancer. Extends the time period of the rebuttable presumption to occupational disease diagnosis for certain firefighters who develop cancer post-employment. (Amends R.S. 33:2011(A); adds R.S. 33:2011(E)) HB 854 Stagni. Act 516. Effective Aug. 1, 2022
Establishes duties and requirements of licensed health-care facilities with respect to addressing and preventing workplace violence. Requires violence prevention plans and reporting. Prohibits retaliation by employers. Authorizes enforcement actions by Louisiana Department of Health. (Amends R.S. 40:2199(A)(1); adds R.S. 40:2199.11-2199.19) HB 312 Miller, Dustin. Act 461. Effective Aug. 1, 2022
Law Institute. Recusal of judges — criminal. Requires judge to act within seven days after receiving the motion from the clerk of court. Allows trial or appellate court judge who is the subject of the motion to deny it if it is not timely filed, but must give written reasons for the denial. (Amends C.Cr.P. Arts. 671-676, 678, and 679, and C.Cr.P. Art. 684; repeals C.Cr.P. Art. 677) HB 247 Magee. Act 42. Effective Aug. 1, 2022
Civil forfeiture. Expands civil forfeiture to include property that was commingled with property that was connected with criminality. Subjects all facilitating property, proceeds, and commingled funds to seizure and forfeiture if derived from any of the following offenses: identity theft; access device fraud; illegal transmission of monetary funds; bank fraud; monetary instrument abuse; computer fraud; money laundering; and, transactions involving proceeds derived from criminal activity. (Adds R.S. 14:230.1) HB 820 Villio. Act 747. Aug. 1, 2022
Civil forfeiture. Authorizes a court to grant an extension of time for the filing of a claim for good cause shown and that good cause includes incarceration of the owner or interest holder. Provides that incarceration of the owner or interest holder during the original 30-day period creates a rebuttable presumption of good cause as to the owner or interest holder. (Amends R.S. 40:2608(A)(1), (2), and (4) and 2610(A)) SB 359 Jackson. Act 698. Effective Aug. 1, 2022
Mugshots. Bars release of pre-conviction mugshots of people arrested for nonviolent offenses. Police and sheriffs may release mugshots of fugitives and those accused of sex crimes, offenses against minors, and others arrested for or suspected of violent crimes. Creates a right of action for people to sue predatory publications that publish mugshots and charge people to remove them. (Amends R.S. 44:4.1(B)(38); adds C.Cr.P. Art. 234) HB 729 Duplessis. Act 494. Effective June 16, 2022
Adds an exception for a judge to issue a search warrant for medical records outside of the territorial jurisdiction of the court. Warrant remains in effect for 180 days after its issuance. (Amends C.Cr.P. Arts. 161(A) and 163(C); adds C.Cr.P. Art. 163.2) HB 361 Marino. Act 384. Effective Aug. 1, 2022
Catalytic converters. Requires anyone wanting to buy or sell catalytic converters to register for a business license and maintain records of each transaction. (Adds R.S. 37:1891-1896) HB 1073 Goudeau. Act 584. Effective Aug. 1, 2022
Catalytic converters. Creates a crime for the theft of a catalytic converter or engine control module, provides for penalties, and requires dealers to register with their chief of police and sheriff. (Adds R.S. 14:67.12 and R.S. 37:1864(A)(3)) SB 70 Talbot. Act 127. Effective Aug. 1, 2022
Prohibits smoking or vaping marijuana in motor vehicles. Provides for a $100 fine as a nonmoving violation to be enforced as a secondary action. (Adds R.S. 32:300.4.1) HB 234 Schlegel. Act 478. Effective Aug. 1, 2022
Prohibits prosecution of persons seeking medical assistance for a drug-related overdose. (Amends R.S. 14:403.10) HB 601 Hughes. Act 225. Effective Aug. 1, 2022
Adds the crime of battery of emergency room personnel, emergency services personnel, or a health-care professional to the list of crimes of violence; enacts the crime of assault on emergency room personnel, emergency services personnel, or health-care professional, and the crime of unlawful disruption of the operation of a health-care facility. (Amends R.S. 14:34.8(A)(1), (B)(3), and (C); adds R.S. 14:2(B)(56), 38.5, and 40.9) SB 136 Connick. Act 129. Effective Aug. 1, 2022
Simple robbery. Adds to the definition of simple robbery to include when a person is part of a group of three or more individuals and the person has the intent to take anything of value from a retail establishment and there is reasonable belief that a reasonable person would not intercede because of fear. (Amends R.S. 14:65(A)) HB 491 Bacala. Act 731. Effective Aug. 1, 2022
Allows licensed practical nurses to draw blood for chemical intoxication tests at the request of a law enforcement officer. Removes the requirement for a subpoena or court order. (Repeals R.S. 32:664(D) and 666(D)) HB 825 Miller, Gregory. Act 393. Effective Aug. 1, 2022
Motorcycles. Clarifies that certain penalties for vehicle violations are applicable to motorcycles. (Adds R.S. 32:191.1(F)) HB 733 Horton. Act 739. Effective Aug. 1, 2022
Professional liability, licensure, medical malpractice and procedure
Legal malpractice. Enacts a collectability rule in legal malpractice. Limits client’s recovery to the amount of damages that the attorney shows by a preponderance of the evidence would have been the maximum amount of damages that the client could have collected in the client’s underlying action in which he was represented by the attorney. Intended to legislatively overrule the holding that collectability of damages against the tortfeasor in an underlying lawsuit is not an affirmative defense to a legal malpractice action, as held in the Louisiana Supreme Court decision Ewing v. Westport Ins. Co., 315 So. 3d 175 (La. 2020). (Adds R.S. 9:5605.2) SB 103 Foil. Act 285. Effective July 1, 2022
Panel chair. Authorizes city judges in Shreveport, Monroe, Alexandria, and New Orleans to serve as an attorney member of a medical review panel. Permits city court judges to remain in the pool of five eligible attorneys when drawn at random by the office of the clerk of the Louisiana Supreme Court to serve as an attorney member of a medical review panel. (Amends R.S. 13:1875(7), (10)(c), and 12(e), 2152(C), and 2492(A)(7) and (E), and R.S. 40:1231.8(C)(1)(a) and 1237.2(C)(1)(a)) HB 243 Bagley. Act 162. Effective Aug. 1, 2022
Authorizes the Louisiana State Board of Medical Examiners to develop, implement, and maintain a program that allows an individual to be certified to practice medicine as a bridge-year-graduate physician. Authorizes a bridge-year-graduate physician to practice only under the direct supervision of a board-certified physician holding a license in good standing with the board. (Amends R.S. 37:1271(A) and 1285(A); adds R.S. 37:1310.11-1310.12) SB 439 Peacock. Act 757. Effective Aug. 1, 2022
Adds Louisiana to the licensed professional counselor interstate compact. (Amends R.S. 37:1103; adds R.S. 37:1131-1145) HB 582 Stagni. Act 341. Effective Aug. 1, 2022
Requires Louisiana Department of Health to approve an emergency preparedness plan before issuing or renewing a license. Requires plans to address emergency power sources in the event of a power loss that does not otherwise require evacuation. Requires the state fire marshal to inspect and approve a facility’s evacuation sites before the department issues its approval. (Amends R.S. 40:2009.25(A), (C)-(E), and (I); adds R.S. 40:1563(N)) SB 167 Talbot. Act 597. Effective June 18, 2022
Requires facilities to have a permanently installed generator or alternate, electrical power source with arrangements for sufficient fuel no later than June 30, 2023. Allows Louisiana Department of Health to grant a one-time extension. (Adds R.S. 40:2009.24) SB 33 Mills, Fred. Act 253. Effective June 3, 2022
Requires all nursing homes, not just those in certain parishes, to submit an annual emergency plan for approval by Louisiana Department of Health. (Amends R.S. 40:2009.25(A), (B), (C), (D), (E), (F), (9), and (12), and (H)) HB 291 Edmonds. Act 479. Effective Aug. 1, 2022
Establishes a process for all nursing homes to create a new emergency preparedness plan as a requirement of licensing. Requires notice be given to Louisiana Department of Health any time an evacuation must occur and authorizes the department to perform a site visit for the shelter location. Immunity, except in cases of willful misconduct, for the state, Louisiana Department of Health, Department of Transportation and Development, fire marshal, Governor’s Office of Homeland Security and Emergency Preparedness, Louisiana Emergency Response Network, local offices of emergency preparedness, and members of the Nursing Home Emergency Preparedness Review Committee. (Amends R.S. 40:2009.25; repeals R.S. 36:259(B)(28) and R.S. 40:2009.1) HB 933 Stagni. Act 522. Effective June 16, 2022
Concealed carry. Allows Louisiana residents 21 years of age and older and who are reserve or active-duty members of the military or former members of any branch of military who have been honorably discharged from service to carry a concealed firearm without a concealed handgun permit. SB 143 Morris. Act 680. Effective Aug. 1, 2022
Electric vehicles. Imposes a road usage fee of $110 per year on electric vehicles and $60 per year on hybrid vehicles operated on state highways. Louisiana Department of Revenue to administer and collect fee. (Adds R.S. 32:461) HB 1031 Freiberg. Act 578. Effective Jan. 1, 2023
Electric vehicles. Creates a statewide electric vehicle charging network. (Adds R.S. 45:1621-1623) SB 460 Ward. Act 762. Effective June 18, 2022
Exempts autonomous vehicles designed to be operated exclusively by an automated driving system for all trips from vehicle equipment laws or equipment regulations related to operation by a human driver and not relevant for an automated driving system. (Adds R.S. 32:378.4) SB 453 McMath. Act 268. Effective Aug. 1, 2022
Crash reports. Allows access to crash reports to any healthcare provider or their agent that rendered health-care services to any party who is the subject of the report. (Amends R.S. 32:398(I)(1) and (a)(iii)) HB 130 Beaullieu. Act 437. Effective Aug. 1, 2022
Salvage title. Creates an alternative for insurers to receive a certificate of ownership and salvage title for motor vehicles declared to be a total loss. (Amends R.S. 32:707(I)(1)(b)(iv)) HB 790 Hollis. Act 716. Effective Aug. 1, 2022
Constitutional amendments, November 8, 2022
Allows a political subdivision to waive water charges incurred through damage not caused by the customer. (Amends Const. Art. VII, §14(B)) HB 59 (2021 RS) LaCombe. Act 155.
Limits the increase in assessed value of certain immovable property in Orleans Parish after property reassessment of ad valorem taxes. Applicable to tax years beginning on or after Jan. 1, 2023. (Amends Const. Art. VII, §14(B)) HB 143 (2021 RS) Willard. Act 129.
Increases the cap on the amount of monies 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 (2021 RS) Zeringue. Act 130.
Prohibits the use of involuntary servitude except as it applies to the lawful administration of criminal justice. (Amends Const. Art. I, §3) HB 298 Jordan. Act 246.
Allows members of civil service systems to support a political candidate within their immediate family. (Amends Const. Art. X, §§9 and 20) HB 315 (2021 RS) Goudeau. Act 156.
Removes the annual income recertification requirement for homeowners who are totally disabled to keep their residential special property tax assessment level. (Amends Const. Art. VII, §18(G)(1)(a)(iv)) HB 395 Willard. Act 171.
Creates an ad valorem tax exemption for veterans with certain service-connected disability ratings and their surviving spouses. (Amends Const. Art. VII, §21(K)) HB 599 Beaullieu. Act 172.
Allows taxing authorities to adjust ad valorem millage rates. (Amends Const. Art. VII, §23(C)) SB 154 (2021 RS) Smith. Act 133.
Constitutional amendments, December 10, 2022
Prohibits non-U.S. citizens from registering to vote and/or voting in Louisiana elections. (Amends Const. Art. I, §10(A)) HB 178 Villio. Act 279.
Requires Senate confirmation of gubernatorial appointments to the State Police Commission. (Amends Const. Art. X, Sec. 43(C)) SB 75 Fields. Act 280.
Requires Senate confirmation of gubernatorial appointments to the State Civil Service Commission. (Amends Const. Art. X, Sec. (3)(B)(1) and (C)) SB 160 Fields. Act 281.
Constitutional amendments, November 13, 2023
Clarifies that the timing of gubernatorial action on a bill and return of a vetoed bill to the legislature is based upon the legislative session in which the bill passed and to authorize the legislature, if it is in session, to reconsider vetoed bills without convening a separate veto session. (Amends La. Const. Art. III, §18) HB 166 Miller, Gregory. Act 278.