Enacts R.S. 9:2793.13 to shield nonprofit organizations from civil liability for injuries, deaths, losses, penalties, or damages caused by donated medical equipment or supplies, unless the harm results from gross negligence or willful/wanton misconduct.

HOUSE amendments technical

Amends R.S. 9:2800.62(2) and R.S. 9:2800.63(B)(1) to extend civil liability under Louisiana’s Drug Dealer Liability Act to include consumable hemp products. The bill modifies the definition of "illegal controlled substance" in R.S. 9:2800.62(2) to encompass consumable hemp (as defined by R.S. 3:1481—products derived from industrial hemp containing cannabinoids like CBD or THC for consumption or topical use) when it violates R.S. 3:1482 (prohibitions) or R.S. 3:1483 (permit and packaging rules). Currently, the definition covers drugs like cocaine, heroin, and methamphetamine. Additionally, the bill amends R.S. 9:2800.63(B)(1) to allow a cause of action for damages against anyone who sells, administers, or furnishes consumable hemp to a minor, expanding liability beyond traditional illegal drugs. This builds on existing provisions that permit damages claims for harm caused by illegal controlled substances. HB 36 aligns consumable hemp with illegal controlled substances under civil law when regulatory violations occur, focusing on protecting minors and expanding damage claims. It reflects a stricter stance on hemp product oversight within Louisiana’s legal system.

HOUSE committee amendments [LINK] limit to platforms likely used by minors, requiring only reasonable safety steps, easing parent opt-outs, and shielding platforms from liability unless they act knowingly or are grossly negligent.

The “Kids Online Protection and Anti-Grooming Act,” would apply to online platforms used by minors, like social media, games, and messaging apps. Schools, nonprofits, and some service providers are excluded.

The bill would require platforms to:

1. Block adults from messaging or connecting with minors unless the minor starts it.
2. Hide minors' profiles and data from adults who aren’t already connected to them.
3. Only allow a minor’s location to be shared with their legal guardian.
4. Notify a guardian within 24 hours if the minor:

• Buys something in the app
• Sees sexually explicit content
• Connects with an adult user (unless the guardian has opted out in writing)

If platforms break these rules, they could be sued and forced to pay damages and legal costs.

The goal is to protect kids from online predators and give parents more oversight.

This bill clarifies Louisiana’s time limits for collecting certain education-related debts by defining what counts as written proof.

• Debts to charities, schools, or the state (like student loans or stipends) expire after 30 years if there’s written evidence.
• Other debts to public colleges (not student loans or benefits) expire after 10 years if in writing.
• Adds a legal definition of “writing” to remove confusion.
• Reorganizes the law into clearer sections without changing the actual time limits.
• Applies retroactively but doesn’t reopen closed cases.

HOUSE floor amendments [LINK] creates the "Survivor Empowerment Fund" in the state treasury, funded by fines under R.S. 46:2192, legislative appropriations, and donations. R.S. 46:2192 requires vehicle manufacturers to disable remote access features—such as GPS tracking or remote start—when requested by domestic abuse, sexual assault, or stalking survivors with proper documentation. Violations can result in fines up to $10,000 per incident, capped at $1 million. Interest earned goes to the general fund; unused funds remain in the special fund. Funds are appropriated to the Commission on Law Enforcement to support VOCA and VAWA programs. The commission must adopt rules to administer the fund. Also adds legal protection for survivors against retaliatory claims by abusers.

HOUSE committee amendments [LINK] rename the proposed fund to "Survivor Empowerment Fund," exempt car manufacturers from disabling remote access if it's not technically possible, and shield them from liability if they are unable to do so.

This bill lets survivors of domestic abuse, sexual assault, or stalking ask car makers to turn off remote access features that could let an abuser track or control their vehicle. Survivors must provide a court order or proof they have the right to use the vehicle. Car makers have two business days to act, can’t charge fees, and must avoid any contact with the abuser. The shutdown stays in place as long as the legal order lasts. Companies that break the rules face civil fines of $10,000 per violation, up to $1 million. Fine money goes to a new Christine Dowdall Fund to help support crime victims. The bill also closes a loophole that had allowed tracking devices in some cases.

HOUSE floor amendment technical

Proposes amendments to the Louisiana Products Liability Act (R.S. 9:2800.53). The key changes are:

1.    Expansion of "Product" Definition: The bill modifies the existing definition of "product" under R.S. 9:2800.53(3) to include "digital products" alongside corporeal movables.

2.    Definition of "Digital Product": A new subsection, R.S. 9:2800.53(10), defines "digital product" as digital applications or games usable on computers, mobile devices, game consoles, or tablets, delivered electronically (e.g., via download, streaming, or online access). It explicitly excludes liability for manufacturers solely hosting third-party content, referencing protections under 47 U.S.C. § 230 (a federal law shielding online platforms from liability for user-generated content).

Extends product liability law to cover digital goods, aligning legal accountability for defective digital products (e.g., apps or games) with that of physical products, while preserving exemptions for platform-hosted content.

This reflects a legislative response to the growing prevalence of digital commerce, aiming to ensure consumer protections apply to virtual goods without overextending liability to internet service providers or platforms.

Amends the Residential Truth in Construction Act, refining provisions related to residential home improvements in Louisiana. Key updates include:

1. Expanded Scope: The bill extends protections to double-family dwellings and refines definitions for clarity.
2. Notice of Lien Rights: Contractors must inform homeowners about potential lien claims from subcontractors, material suppliers, and workers, emphasizing the importance of contract documentation and lien waivers.
3. Owner’s Rights: Homeowners can request information from contractors about involved parties and outstanding payments, with the right to withhold payments until details are provided.
4. Contractor Obligations: Failure to deliver the required lien notice removes a contractor’s right to file a lien claim, and improperly filed claims may result in statutory damages.
5. Legal Recourse: Owners can recover damages and attorney fees from contractors who fail to comply with the act, including cases of falsified statements.

These changes reinforce transparency and homeowner protection while holding contractors accountable for providing proper notices and information.

Introduced on the recommendation of the Louisiana State Law Institute, seeks to reform the laws governing the partition of property in Louisiana. The bill proposes amendments to existing statutes and the enactment of new provisions to streamline and clarify the processes involved in partitioning property among co-owners and heirs.

Key Provisions of the Bill:

1. Amendment to Civil Code Article 811:

• The bill revises Article 811 to specify that when property held in indivision cannot be partitioned in kind, the court may order a partition by licitation (public auction) or by private sale.
• If some co-owners are absentees or do not consent to a private sale, the court is directed to prioritize a private sale among existing co-owners before considering a sale to third parties.

1. Revision of Succession Partition Laws:

• The bill updates Chapter 12 of Title I of Book III of the Civil Code, which deals with the partition of estates.
• It clarifies that upon a person's death, if the estate devolves to multiple heirs, each becomes an undivided co-owner of the estate's assets until partition occurs.
• The definition of partition in intestate succession is refined to mean the division of the estate among all co-heirs according to their respective rights.
• The bill also addresses testamentary partitions, stating that partition cannot be demanded if the deceased has already allocated specific assets to legatees.

1. Enactment of the Louisiana Uniform Partition of Heirs Property Act:

• The bill introduces provisions to align with the Uniform Partition of Heirs Property Act, aiming to provide a standardized process for partitioning inherited property, particularly in cases where heirs hold property in common.

1. Repeal of Antiquated Articles:

• The legislation proposes the repeal of numerous outdated articles within the Civil Code and Revised Statutes related to the partition of successions, aiming to modernize and simplify the legal framework governing property partition.

Overall, House Bill No. 175 represents a comprehensive effort to modernize Louisiana's property partition laws, emphasizing fair and efficient processes for dividing property among co-owners and heirs.

On the recommendation of the Louisiana State Law Institute, proposes comprehensive revisions to the Louisiana Code of Civil Procedure. The bill aims to update and clarify various procedural aspects to enhance the efficiency and fairness of civil litigation in the state.

Key Provisions:

1. Interruption of Prescription (Civil Code Article 3462):

• The bill amends Article 3462 to specify that prescription is interrupted when an action is commenced in a court of competent jurisdiction, regardless of venue. Previously, filing in an improper venue only interrupted prescription if the defendant was served within the prescriptive period.
• The revision comments highlight that this change aligns with the general rule but acknowledges that certain statutes still require proper venue to interrupt prescription, such as those related to professional liability.

1. Sanctions for Frivolous Claims (Code of Civil Procedure Article 863(F)):

• The amendment provides that sanctions for frivolous claims will not be imposed on an original petition filed within sixty days of the prescriptive date, provided it is voluntarily dismissed or transferred to a court of proper venue within ninety days of filing or by the hearing date, whichever is earlier.

1. Additional Procedural Revisions:

• The bill proposes changes to multiple articles within the Code of Civil Procedure, addressing topics such as:
• Child custody proceedings.
• Attorney conduct and sanctions.
• Summary judgment procedures.
• Service of citation and electronic service.
• Issuance of subpoenas.
• Pretrial and scheduling conference orders.
• Default judgments.
• Motions for judgment notwithstanding the verdict.
• Signing and notice of judgments.
• Delays for applying for a new trial.
• Divesting the trial court of jurisdiction.
• Trial of summary proceedings.
• Partitions by licitation or private sale.
• Procedure to transfer to district court.
• Computation of time.

On the recommendation of the Louisiana State Law Institute, proposes several amendments to the Louisiana Civil Code aimed at clarifying and modernizing its language and provisions. Key aspects of the bill include:

1. Clarification of Terminology: The bill introduces Articles 14 and 15 to standardize the interpretation of gender and number in legal texts. Article 14 ensures that words referencing one gender apply to all genders unless the context indicates otherwise, while Article 15 states that singular terms include the plural and vice versa. These changes align with existing provisions in the Code of Civil Procedure and Revised Statutes.
2. Parental Authority and Custody: Amendments to Article 234 address the continuation of parental authority during marriage and specify conditions under which this authority is modified by custody awards. Notably, the bill clarifies that when an ascendant (other than a parent) is awarded custody, they assume parental authority, and when a third person (neither a parent nor an ascendant) is awarded custody, their authority is governed by tutorship rules unless modified by court order.
3. Partition of Property: Changes to Article 811(B) focus on the partition of property among co-owners. The bill prioritizes private sales among existing co-owners over sales to third parties when not all co-owners consent to a partition by private sale. This provision aims to streamline property partitions and protect the interests of current co-owners.
4. Use of "Third Persons" Terminology: Throughout various articles, the bill replaces the term "third parties" with "third persons" to maintain consistency in legal terminology. This change affects provisions related to the effects of divorce on community property (Article 159) and the partition of property (Article 811), among others.
5. Conflict of Laws: The bill revises Article 14 to address multistate cases, specifying that unless otherwise provided by Louisiana law, cases involving contacts with other states are governed by the law selected in accordance with the provisions of Book IV of the Civil Code. This amendment aims to provide clearer guidance on the application of laws in cases with interstate elements.

Overall, House Bill No. 181 seeks to enhance the clarity, consistency, and modernity of the Louisiana Civil Code by updating definitions, standardizing language, and refining legal provisions related to family law and property.

HOUSE floor amendments technical

Implications: seeks to clarify and enforce the procedural requirements for prisoner lawsuits in Louisiana, emphasizing the necessity of exhausting administrative remedies and outlining the consequences of failing to adhere to these procedures.

Proposes amendments to Louisiana Revised Statute 15:1184(A)(2), which governs the procedures for lawsuits filed by incarcerated individuals. The key provisions of the bill are as follows:

1. Exhaustion of Administrative Remedies: The bill maintains the requirement that prisoners must exhaust all available administrative remedies before asserting a claim under state law. If a prisoner files a suit without fulfilling this requirement, the court is mandated to dismiss the suit. Importantly, the bill specifies that such a dismissal does not interrupt the prescription period (the statute of limitations) for filing the claim.
2. Abandonment of Claims: The bill introduces a provision stating that if a prisoner fails to initiate or pursue administrative remedies within the deadlines established by R.S. 15:1172(B) or LAC 22:I.325, the claim is considered abandoned. Any subsequent suit asserting the same claim will be dismissed with prejudice, meaning the claim cannot be refiled.
3. Ongoing Administrative Remedies: If the administrative remedy process is still ongoing and incomplete at the time a prisoner files a suit, the bill requires the court to dismiss the suit without prejudice, allowing the prisoner to refile once the administrative process is concluded.
4. Peremptory Exception: The bill allows for the failure to exhaust administrative remedies to be raised by a peremptory exception under Code of Civil Procedure Article 927. A peremptory exception is a legal mechanism used to have a case dismissed on specific grounds before it proceeds to trial.

Updates Louisiana’s medical malpractice laws to officially include physical therapist assistants and occupational therapist assistants as “health care providers” and “state health care providers.” This means they would be covered under the same legal protections and responsibilities as doctors, nurses, and other licensed professionals when it comes to malpractice claims.

HOUSE committee amendments [LINK] require prisoners to submit an affidavit of their current assets rather than an account statement, and they establish how partial filing fees should be calculated based on either a prisoner's trust account balance or present assets, aligning the process with existing fee schedules in the Code of Civil Procedure for seeking waiver of fees.

Proposes amendments to Louisiana's procedures for prisoners seeking to proceed in forma pauperis (IFP) in civil actions.

The bill aims to modify Louisiana Revised Statutes 15:1186(A) and (B)(1) and 15:1188(B)(2), focusing on the financial obligations and procedural requirements for incarcerated individuals pursuing civil litigation without prepayment of fees.

Key differences between current law and the proposed amendments:

1. Clarification on Account Statements (Current vs. Proposed)

Current Law:

• Requires prisoners to submit a certified copy of their trust fund account statement for the 6 months prior to filing.

HB199 Changes:

• Expands and clarifies this requirement:
• If the applicant is currently incarcerated, they must submit a statement for the six months immediately preceding the filing. If incarcerated for less than six months, the statement must cover that shorter period.
• If the applicant is no longer incarcerated, they must still submit a statement for the six months prior to filing, or for the period since release (if it’s been less than six months).

Impact: This change closes a loophole where formerly incarcerated individuals could claim pauper status without disclosing recent financial activity post-release.

2. Handling of Filing Fees (Current vs. Proposed)

Current Law:

• Inmates proceeding IFP are assessed an initial partial filing fee based on their trust account balance or deposits. They pay the rest in monthly installments.
• The law already mandates that the entire filing fee must eventually be paid.

HB199 Changes:

• Reinforces existing procedures but adds clear direction to the custodial agency:
• If the prisoner’s trust account balance exceeds $10, the agency must forward the 20% monthly payment to the court clerk.
• This requirement applies until the full fee is paid.

Impact: More structured enforcement. Ensures consistent collection and reduces the chances of partial payment being overlooked or delayed by correctional agencies.

3. Dismissal for Non-IFP Prisoners (Current vs. Proposed)

Current Law:

• Civil actions filed without prepayment can be dismissed, but the statute is less explicit about consequences.

HB199 Changes:

• Adds explicit language: If a prisoner who is not granted IFP status fails to pay court costs in advance, the case must be dismissed without prejudice.
• Such a dismissal will not interrupt prescription (i.e., legal time limits keep running).

Impact: Increases the legal risk for prisoners filing without paying or without a valid IFP order. A case dismissed for non-payment won’t stop the clock on statute-of-limitations deadlines.

Proposes the enactment of R.S. 13:4163.1 to provide peremptory grounds for continuances and extensions in legal and administrative proceedings for legislators and certain legislative employees during legislative sessions or constitutional conventions. This would allow such individuals, when they are parties or attorneys in a case, to request delays without opposition during specified periods surrounding legislative activities.

The bill defines "legislative employee" to include the clerk of the House of Representatives, the secretary of the Senate, and full-time employees of the House, Senate, or Legislative Bureau during the legislative session or other relevant times. The peremptory grounds for continuance or extension apply from 21 days before the convening of a legislative session or constitutional convention to 30 days after its adjournment sine die.

To obtain a continuance or extension, the legislator or legislative employee must file a motion at least five days prior to the proceeding or deadline, accompanied by an affidavit from the presiding officer, clerk, or secretary of the respective house, confirming the individual's active participation in the session or convention. Notably, legislators are exempt from the affidavit requirement.

The motion can be filed electronically, provided that all enrolled counsel or parties receive a copy simultaneously. Service of the motion must be effected by electronic means to the designated addresses of counsel or parties, with service considered complete upon transmission, unless the sender learns that the transmission did not reach the intended recipient.

Certain exceptions are outlined in the bill, including cases involving civil prescriptive or peremptive periods, criminal statutes of limitations, and criminal cases where the death penalty is sought. Additionally, the bill acknowledges the authority of the Louisiana Supreme Court to regulate disciplinary proceedings against legislators or legislative employees.

Proposes to grant East Baton Rouge Parish and the city of Baton Rouge the authority to expropriate abandoned or blighted properties through a declaration of taking. The bill aims to revitalize economically depressed areas by returning such properties to active use within the community.

Key definitions outlined in the bill include:

• Abandoned property: Property that is vacant or not lawfully occupied.
• Blighted property: Commercial or residential premises, including vacant lots, declared vacant, uninhabitable, or hazardous by an administrative hearing officer.
• Vacant or not lawfully occupied: Premises not occupied by the owner, lessee, or invitee, or if occupied, lacking utilities and unsecured against unauthorized entry, posing risks to public safety, health, or welfare.

The bill establishes procedures for expropriation, including notification requirements to property owners via registered or certified mail, personal service, or publication when owners are unreachable. It also outlines the process for determining property value, transferring title, and addressing opposition and defenses.

HOUSE committee amendments [LINK] remove a provision that would have delayed new notarial bond requirements, meaning the new rules will apply to all bonds immediately, including current ones. They also make technical corrections and set the effective date as February 1, 2026.

Implications: This change will increase cost and could cause difficulty for notaries.

Proposes several changes to Louisiana’s notary public requirements:

1.    Increased bond amount: Raises the required notary bond from $10,000 to $25,000 to ensure faithful performance of duties.

2.    Removal of insurance option: Eliminates the alternative of maintaining $10,000 in errors and omissions insurance, requiring all notaries to secure the new bond amount.

3.    Filing process changes:

·       Removes the requirement to file bonds with the parish clerk of court.

·       Requires direct filing and ongoing proof of bond with the Secretary of State.

·       Specifies that surety bonds do not need to be approved or recorded by the clerk of court.

4.    Repeal of statute: Repeals R.S. 39:342, which previously governed the bond submission process.

These changes aim to increase financial accountability and simplify administrative procedures for notaries across the state.

Switching from an insurance option to a mandatory surety bond impacts notaries in several ways:

1.    Eligibility: Bonds are harder to get. Notaries with poor credit may face higher costs or be denied. Insurance is easier to qualify for.

2.    Cost: Bonds (especially $25,000 ones) can be more expensive than E&O insurance, depending on credit.

3.    Risk: Bond claims must be repaid by the notary. Insurance covers claims without requiring reimbursement (unless there's fraud).

4.    Compliance: Bonds require filing and maintaining proof with the Secretary of State. Insurance is often easier to manage.

HOUSE CL&P committee amendment [LINK] rewords the CA ballot language.

HOUSE W&M committee amendments [LINK] reduce the automatic increase in the homestead exemption from $12,000 to $7,000. They also allow each parish to approve an optional additional $5,000 exemption. Property taxes would only apply to the value above both exemptions. This shifts some control to local governments and limits the statewide impact.

CONSTITUTIONAL AMENDMENT increasing homestead exemption.

Proposes a constitutional amendment to increase the state's homestead exemption.

The homestead exemption reduces the taxable value of a homeowner's primary residence for ad valorem tax purposes.

Currently, the exemption stands at $7,500 of assessed valuation.

This bill seeks to raise that exemption to $12,000.

Key Provisions of the Bill:

1.    General Homestead Exemption Increase:

o  The exemption for all qualifying homeowners would increase from $7,500 to $12,000 of assessed property value.

2.    Additional Exemptions for Disabled Veterans:

o  Veterans with a service-connected disability rating between 50% and 69% currently receive an additional exemption of $2,500, totaling $10,000 when combined with the standard exemption. Under the proposed amendment, this additional exemption would remain, resulting in a total exemption of $15,000 for these veterans.

o  Veterans with a service-connected disability rating between 70% and 99% currently receive an additional exemption of $4,500, totaling $12,000 when combined with the standard exemption. The bill would maintain this additional exemption, leading to a total exemption of $16,500 for these veterans.

3.    Surviving Spouses:

o  The bill ensures that surviving spouses of eligible disabled veterans can continue to benefit from these additional exemptions, provided they remain the owner and occupant of the property.

Implications:

If enacted, this amendment would reduce the taxable assessed value of homesteads, potentially lowering property tax liabilities for homeowners while decreasing revenue for local governments.

Implications:

Allows Louisiana residents to buy auto insurance policies from companies based in Arkansas, Mississippi, or Texas, with legal disputes governed by the laws of the insurer’s home state, not in Louisiana.

• Consumers must be aware that legal disputes will be handled under another state’s laws.
• Agents must provide full disclosures to ensure informed decisions.
• The bill is designed to increase competition and potentially lower insurance rates.

Key Provisions:

Application of Foreign Law (from another state)

• Legal disputes involving these policies will be handled under the laws of Arkansas, Mississippi, or Texas, depending on the insurer’s location.
• Louisiana’s two-year statute of limitations to file a lawsuit still applies.

Authorization for Sales

• Louisiana agents and insurers can sell these out-of-state policies to Louisiana residents.

Disclosure Requirements

Buyers must receive written notice that:

• The policy is issued by a foreign insurer.
• The home state’s law will govern any legal issues.
• The policy complies with the home state’s regulations.

Compilation of Applicable Laws

• The Louisiana State Law Institute must publish the insurance laws from Arkansas, Mississippi, and Texas on its website.

Conditional Effective Date

• The bill takes effect July 1, 2026, only if auto liability insurance rates in Louisiana do not drop at least 7% between January 1, 2024, and December 31, 2025.

Implications:

This bill would give families more time to file lawsuits after someone dies due to another person’s fault.

Right now, Louisiana law only allows one year to file

• A survival action (for the pain and suffering the person went through before they died)
• A wrongful death action (for the losses suffered by the family after the death)

This bill would change both deadlines to two years from the date of death.

This gives grieving families more time to prepare and file a case, but it also means defendants and insurers could face lawsuits for a longer period.

HOUSE floor amendment [LINK] allows assessors to verify income eligibility for the special assessment level using the applicant's federal adjusted gross income from their Louisiana income tax return for the year before applying.

HOUSE committee amendments [LINK] modify the existing special assessment level rather than eliminating it. The amendments set a maximum adjusted gross income limit of $150,000 (combined for married taxpayers filing separately) for eligibility, starting in tax year 2028 instead of 2026, with annual adjustments based on the Consumer Price Index thereafter. They also revise the ballot language to reflect that the amendment increases, rather than eliminates, the income threshold for qualifying for the special property assessment.

CONSTITUTIONAL AMENDMENT

Proposes a constitutional amendment to modify the special assessment level for ad valorem property taxes in Louisiana. The primary objective of this bill is to eliminate the income eligibility requirement currently associated with qualifying for the special assessment level.

Current Provisions:

Under the existing law, certain groups—such as individuals aged 65 or older, certain veterans with service-connected disabilities, and certain non-veterans with disabilities—are eligible for a special assessment level on their primary residence. However, to qualify, the individual's adjusted gross income must not exceed $100,000, adjusted annually by the Consumer Price Index. Additionally, applicants are required to file a signed application with the local assessor to establish eligibility.

Proposed Changes:

House Bill No. 300 seeks to:

1.    Eliminate the Income Limit: By removing the $100,000 income cap, all individuals who meet the other eligibility criteria would qualify for the special assessment level, regardless of their income.

2.    Remove Application Requirements: The bill proposes to repeal the necessity for eligible owners or their representatives to file an application with the local assessor to receive the special assessment level.

Implementation and Voting:

If passed, the amendment would become effective on January 1, 2027, and apply to all tax years beginning on or after this date. The proposed amendment is scheduled to be submitted to Louisiana voters at the statewide election on November 3, 2026.

Titled the "Asbestos Trust Claims Transparency and Over-Naming Act."

This proposed legislation aims to enhance transparency in asbestos-related lawsuits and prevent the over-naming of defendants.

Key Provisions of the Bill:

1.    Definitions:

o  The bill defines several terms, including:

§ Asbestos Action: A civil claim for damages related to health effects of asbestos exposure, including derivative claims by family members.

§ Asbestos Trust: A fund established to compensate individuals for asbestos-related health issues, often resulting from legal or bankruptcy proceedings.

§ Asbestos Trust Claim: A compensation claim filed against an asbestos trust by or on behalf of an exposed person.

§ Exposed Person: An individual whose asbestos exposure forms the basis of an asbestos action.

§ Trust Claim Materials: Documents submitted to or received from an asbestos trust, such as claim forms, affidavits, and medical records.

§ Trust Governance Document: Documents outlining eligibility and payment levels of an asbestos trust, including claims payment matrices and trust distribution procedures.

2.    Required Disclosures by Asbestos Claimants:

o  Within 30 days of filing an asbestos action, claimants must:

§ Provide the court and all parties with a sworn statement confirming that all possible asbestos trust claims have been filed. This statement must detail any requests to defer, delay, suspend, toll, withdraw, or alter the status of any asbestos trust claim, including their current status and outcomes.

§ Supply all parties with trust claim materials related to the claimant's asbestos exposure, even those concerning conditions not central to the current lawsuit.

§ Produce available trust claims filed by others if the claimant's case is based on secondary exposure through that individual, provided these materials are accessible to the claimant or their counsel.

§ File a sworn statement including specific information (the excerpt provided does not detail this information).

The bill's intent is to ensure full disclosure of all related claims and prevent the inclusion of defendants who may not be directly connected to the claimant's asbestos exposure. By mandating these disclosures, the legislation seeks to streamline asbestos litigation and promote fairness in the adjudication process.

Implications:

To restrict forum shopping and ensure that lawsuits are filed in the parish most closely connected to the accident or the defendant.

Summary:

Changes where lawsuits can be filed involving uninsured and underinsured motorist (UM/UIM) insurance policies.

Current Law:

• A person can sue on a UM/UIM policy in the parish where they live or where the accident happened.
• General venue rules allow flexibility in choosing where to file a lawsuit.

Proposed Law:

• If the lawsuit involves the at-fault driver, the case must be filed in the parish where the accident happened or where the defendant (driver) lives.
• If the lawsuit is only against the UM/UIM insurance company, it can still be filed in the parish where the insured person lives.

Key Differences:

• Current law allows UM/UIM lawsuits to be filed where the insured lives, even when suing both the driver and the insurer.
• HB 336 limits that option unless the insurer is the only party being sued.

In plain terms: if you live in a condo and don’t pay your regular association dues, the association could go after your home, even if it’s protected under the homestead exemption.

[This is the second bill I've seen of Paula Davis shilling for HOAs. The first I noticed was the creation of a SPECIAL DISTRICT made of four HOA heads that included taxing authority.]

Adds a new exception to Louisiana’s homestead exemption law. Currently, a person’s primary residence is generally protected from being seized to pay certain debts. This bill would allow a condominium association to seize a condo unit—even if it’s a homestead—to collect unpaid or accelerated regular fees used to maintain, protect, or improve shared areas of the property.

Implictions:

Limits excessive future damage awards by ensuring that funds are used only for documented medical expenses and allowing unspent funds to revert to the insurer.

Summary:

Establishes a legal framework for using a Reversionary Medical Trust in personal injury lawsuits where future medical expenses are expected. Aimed at tort reform and cost control.

Key Provisions:

Definition of Reversionary Medical Trust

• A trust created solely to pay for future medical care and related expenses resulting from a personal injury.

Creation and Administration

• If a defendant is found liable for future medical costs, their insurer can set up a reversionary medical trust.
• The insurer appoints and pays a trustee to manage the trust.
• The injured person sends medical bills to the trustee, who pays the providers directly.

Trustee Responsibilities

• Reviews submitted invoices.
• Prepares vouchers and processes payments.
• Operates under the fiduciary duties defined in the Louisiana Trust Code (R.S. 9:1721 et seq.).

Reversion of Funds

• Any money left in the trust after the injured person dies or the trust ends goes back to the party that funded the trust (usually the insurer).

Attorney Fees

• Injured persons can still hire attorneys and agree to pay legal fees and costs.

Prospective Application

• The law only applies to personal injury cases filed after the effective date of the bill.

Limits the amount recoverable by litigation financers to no more than the plaintiffs' share of proceeds after attorney fees and costs are paid. Requires attorneys to disclose litigation financing agreements and provide a copy to clients within 30 days. Exempts nonprofit legal organizations offering pro bono services.

Implications:

Proposes a statutory cap on general damages recoverable under liability insurance policies.

Key Provisions: 

1. Definitions: 

- General damages include non-economic losses like pain, suffering, emotional distress, and loss of companionship. 

- Special damages cover verifiable financial losses such as medical bills, lost income, and property damage.

2. Damage Cap: 

- Limits general damages to a maximum of $5 million per claimant under a liability policy.

3. Jury Consideration: 

- Juries will not be informed of the $5 million cap. 

- Courts must reduce any general damages award exceeding the cap.

4. Scope: 

- Applies only to claims under liability insurance policies. 

- Does not create new causes of action or alter existing definitions of recoverable damages under Louisiana civil law.

Impact: 

This bill aims to control insurance liability exposure and potentially stabilize insurance premiums by capping non-economic damages in liability cases.

HOUSE floor amendments technical

HOUSE committee amendments [LINK] make the required information discoverable. Voids non-disclosures on this provision and requires an officer of the court with knowledge of violations to file a complaint with the Louisiana Attorney Disciplinary Board.

Requires attorneys to disclose to the court if they reasonably expect to earn $1,000 or more in fees from a case, either personally or through a business entity.

Key Provisions: 

- Applies to attorney fees expected to be equal to or exceed $1,000 

- Disclosure must be filed with the court 

- Failure to comply may result in court sanctions 

- Clerk of court must file a complaint with the Louisiana Attorney Disciplinary Board

Effective: Upon enactment 

Citation: Adds R.S. 37:218(C)

Revises Louisiana law related to in vitro fertilized human embryos. It defines embryos as “juridical persons” with certain legal rights and clarifies their status, ownership, and permitted uses. The bill presumes embryos are viable unless deemed otherwise.

Key provisions: 

- Defines in vitro fertilized human embryos and establishes legal personhood until implantation 

- Limits embryo use to implantation; prohibits destruction unless deemed non-viable 

- Sets qualifications for IVF providers, requiring specific medical standards and certifications 

- Provides guidelines for embryo donation, removing references to “married couples” and “adoption” 

- Establishes that disputes over embryos are resolved by existing agreements or court decisions in the embryo’s best interest 

- Grants civil and criminal liability protections for providers acting in good faith under accepted standards

The bill creates a legal framework for IVF practices in Louisiana and may affect how embryos are handled, donated, and protected under the law.

Establishes the Speedy Tort Claims Act to create special court divisions for expedited resolution of low-value tort claims.

Key Provisions: 

- Authorizes each judicial district court to create a "speedy tort claims division" with jurisdiction over tort claims not exceeding $50,000. 

- Magistrate judges are appointed by majority vote of the district court judges and paid from the judicial expense fund; must meet residency and legal experience requirements. 

- Jurisdiction excludes certain matters including property title, constitutional rights, family law, successions, class actions, and suits involving the state or political subdivisions. 

- Procedures are streamlined: reduced court costs, no jury trials, mandatory trial scheduling within 60 days, and default judgments allowed without hearings. 

- Medical treatment and reimbursement must follow existing workers’ compensation guidelines. 

- Appeals go directly to the court of appeal, limited to errors of law only, and no appeals to the Louisiana Supreme Court are permitted. 

- Appeals are decided by a three-judge panel based on written records only, with strict timeframes for rulings.

This would use magistrate judges specifically appointed. They are not existing district court judges. They would be appointed by a majority vote of the judges in the judicial district. They muxt be licensed attorneys with at least 8 years of legal practice and one year of parish residency. Their salaries are paid from the court’s judicial expense fund.

CONSTITUTIONAL AMENDMENT

Proposes an amendment to the Louisiana Constitution to prohibit the use of funds, goods, or services donated by foreign governments, foreign entities, or noncitizens in promoting any ballot initiative, candidate, issue, political party, or proposition, either directly or indirectly. If passed by the legislature, this amendment will be presented to voters for approval in the statewide election on November 15, 2025

In 2023, Louisiana voters approved a constitutional amendment that prohibits the use of funds, goods, or services from foreign governments or nongovernmental sources for conducting elections. This strengthens provisions in that law adding "directly or indirectly" and covers ballot initiatives, candidates, issues, political parties or propositions. HB590 by Rep. Spell includes these and goes further adding criminal penalties.

This was part of the package last year to combine funds for the purpose of freeing up money to pay down debt.

HOUSE floor bureau amendments technical

HOUSE floor amendment set 2433 [LINK] clarify and adjust references related to the Louisiana Constitution sections being changed. Specifically, they correct language to properly indicate that a new section (10.3(D)) is being "added" rather than "enacted," and they remove an unnecessary line for clarity. The amendments also clearly outline the exact constitutional sections amended, added, and repealed, ensuring accuracy and consistency in referencing.

HOUSE committee amendment 2290 technical.

HOUSE committee amendment set 2015 [LINK] adjusts provisions related to the dedication and distribution of mineral revenues. Specifically, they repeal certain existing dedications, redefine how revenues are deposited into and credited to the Mineral Revenue Audit and Settlement Fund, and clarify that funds in this account will count toward the Coastal Protection and Restoration Fund, but not toward the Budget Stabilization Fund. The amendments simplify revenue allocations by removing some previously required distributions and clarify constitutional references to streamline the management of mineral revenue funds.

Constitutional amendment to eliminate the Revenue Stabilization Trust Fund and redirect certain state revenues to the Budget Stabilization Fund (Rainy Day Fund), while raising the cap on its allowable balance.

Key Provisions:

• Repeals Article VII, §10.15, eliminating the Revenue Stabilization Trust Fund.
• Redirects mineral revenue previously earmarked for the Revenue Stabilization Trust Fund into the Budget Stabilization Fund through FY 2026–2027.
• Beginning FY 2027–2028, mineral revenue deposits into the Rainy Day Fund cease; other existing deposits remain (e.g., excess general fund and 25% of nonrecurring revenue).
• Raises the cap on the Rainy Day Fund from 4% to 7.5% of prior-year total state revenue receipts.
• Submits the proposed amendment to voters on November 3, 2026.

HOUSE CL&P committee amendment [LINK] rewords the CA ballot language.

HOUSE W&M committee amendments [LINK] reduce the automatic increase in the homestead exemption from $12,000 to $7,000. They also allow each parish to approve an optional additional $5,000 exemption. Property taxes would only apply to the value above both exemptions. This shifts some control to local governments and limits the statewide impact.

CONSTITUTIONAL AMENDMENT increasing homestead exemption.

Proposes a constitutional amendment to increase the state's homestead exemption.

The homestead exemption reduces the taxable value of a homeowner's primary residence for ad valorem tax purposes.

Currently, the exemption stands at $7,500 of assessed valuation.

This bill seeks to raise that exemption to $12,000.

Key Provisions of the Bill:

1.    General Homestead Exemption Increase:

o  The exemption for all qualifying homeowners would increase from $7,500 to $12,000 of assessed property value.

2.    Additional Exemptions for Disabled Veterans:

o  Veterans with a service-connected disability rating between 50% and 69% currently receive an additional exemption of $2,500, totaling $10,000 when combined with the standard exemption. Under the proposed amendment, this additional exemption would remain, resulting in a total exemption of $15,000 for these veterans.

o  Veterans with a service-connected disability rating between 70% and 99% currently receive an additional exemption of $4,500, totaling $12,000 when combined with the standard exemption. The bill would maintain this additional exemption, leading to a total exemption of $16,500 for these veterans.

3.    Surviving Spouses:

o  The bill ensures that surviving spouses of eligible disabled veterans can continue to benefit from these additional exemptions, provided they remain the owner and occupant of the property.

Implications:

If enacted, this amendment would reduce the taxable assessed value of homesteads, potentially lowering property tax liabilities for homeowners while decreasing revenue for local governments.

SENATE committee amendments [LINK] define short-term rentals as dwelling units rented for under 30 days and subject them to local zoning laws unless exempted. They prohibit operating without proper permits or in violation of local rules. Nearby property owners, nonprofits, or special districts can sue for violations after giving written notice and allowing 60 days for local enforcement. Courts may grant injunctive relief and award attorney fees. Claims must be filed within two years of discovering the violation.'

Creates a private right of action allowing certain nearby residents and nonprofit organizations to sue operators of short-term rentals that violate local zoning ordinances or operate without an occupational license. Applies to short-term residential rentals of 29 days or less, excluding hotels and similar uses.

Key Provisions:

- Permits lawsuits by homeowners within 300 feet, or nonprofits within 1,000 feet, of a violating short-term rental.

- Allows injunctive relief and forfeiture of rental revenue as remedies.

- Requires 90-day notice and opportunity for the city and operator to resolve violations before suit.

- Provides a 2-year prescriptive period.

- Terminates December 31, 2028.

Effective August 1, 2025.