CONSTITUTIONAL AMENDMENT

Proposes a constitutional amendment to allow parish governing authorities in Louisiana to grant an additional homestead exemption of up to $22,500 on top of the existing $7,500 exemption. This enhancement would apply only if approved by the respective parish governing authority. Any resulting decrease in ad valorem tax revenue must be absorbed by the taxing authority without shifting the tax burden to other taxpayers through reappraisal or millage adjustments.

Unless individual parishes choose to implement their own criteria, there is no means testing associated with this additional exemption as per the bill's current language.

The proposed amendment is scheduled for voter consideration on November 15, 2025.

Proposes amendments to Louisiana's civil procedure laws concerning recoverable medical expenses, jury trial limitations, and evidence admissibility in civil actions.

Key Provisions:

1. Recoverable Medical Expenses:

• The bill seeks to amend R.S. 9:2800.27(B) to limit claimants' recovery of medical expenses to the actual amount paid by health insurance issuers or Medicare, along with any additional amounts the claimant paid or owes, rather than the billed amount.
• It allows claimants to recover 30% of the difference between the billed amount and what insurers or Medicare actually paid, covering procurement costs, subject to adjustments if deemed unreasonable by the court.

1. Jury Trials:

• The bill proposes amendments to Code of Civil Procedure Articles 1732 and 1733(A)(2)(a), limiting jury trials to cases where an individual's claim exceeds $10,000, exclusive of interest and costs.
• It specifies how a petitioner may waive the right to a jury trial by stipulating the claim amount does not exceed the threshold and provides timelines and conditions under which other parties can retain jury trial rights.

1. Admissibility of Evidence:

• In jury trials, only the medical amounts billed are presented to juries; payments made by health insurers or Medicare are excluded.
• Payment details would only be considered by the court after the jury delivers a verdict, preventing juries from being influenced by collateral source payments.

These proposed amendments aim to standardize recovery procedures for medical expenses, clarify jury trial eligibility, and regulate how evidence regarding medical payments is presented during civil litigation.

SENATE committee amendments technical

Adds Lafourche Parish to the River Parishes Juvenile Justice District and updates the board’s composition, domicile, and funding provisions.

Key Provisions: 

- Expands the district’s jurisdiction to include Lafourche Parish (17th Judicial District). 

- Revises the board of commissioners’ appointments to include representatives from Lafourche Parish. 

- Moves the board’s domicile from St. James Parish to Lafourche Parish. 

- Authorizes Lafourche courts to levy special court costs (up to $5 for adults, $5–$25 for juveniles) to support the district. 

- Retains Senate confirmation of board appointments. 

- Effective August 1, 2025.

On the recommendation of the Louisiana State Law Institute, proposes revisions to the state's laws governing testaments. The bill aims to simplify the formal requirements for both olographic (handwritten) and notarial (formal) testaments.

Key Provisions:

1. Olographic Testaments: The bill clarifies that an olographic testament must be entirely written, dated, and signed by the testator. It specifies that the date can appear anywhere in the document and can be clarified with extrinsic evidence if necessary. Additionally, the testator's signature may appear anywhere and should indicate the testator's intent to adopt the document as their will. Changes made after the will's execution are valid only if made by the testator's hand.
2. Notarial Testaments: The legislation seeks to eliminate special requirements previously mandated for individuals unable to sign or read, as well as for those who are deaf or deaf-blind. This move aims to standardize the execution process for notarial testaments, ensuring uniformity across different cases.
3. Witness Competency and Probate Procedures: The bill addresses the qualifications of witnesses to testaments and outlines procedures for proving testaments during probate. It also includes provisions for the retroactive application of certain changes, ensuring that the revised laws apply to wills executed before the bill's effective date.

Streamlining these requirements intends to make the process of creating and validating testaments more straightforward.

SENATE floor offered technical amendments and an additional amendment [LINK] requiring a person seeking to terminate a tax sale certificate to pay the full termination price within 30 days of the court order.

SENATE committee amendments [LINK] change the implementation date to 2026, confirm that failure to provide notice does not invalidate a tax lien auction, and clarify procedures for canceling or assigning tax sale certificates, replace "parties” with “persons,” require written requests for certain actions, and ensure consistent terminology like “tax lien auction."

Proposes significant revisions to Louisiana's ad valorem tax procedures, particularly concerning the management of delinquent tax obligations and tax lien auctions.

Key Highlights:

1. Tax Lien Certificates: The bill introduces the concept of "tax lien certificates," replacing previous mechanisms like tax sales and adjudications. These certificates represent liens for unpaid taxes on immovable property and can be sold at public auctions to recover delinquent amounts.
2. Interest and Penalties: Delinquent taxes will accrue interest at a rate of 1% per month on a non-compounding basis. Additionally, a 5% penalty is assessed if the tax lien is offered for sale at a tax lien auction.
3. Notification Procedures: The bill outlines specific procedures for notifying taxpayers of delinquent taxes, including sending written notices and publishing details about upcoming tax lien auctions.
4. Rights of Property Owners: Property owners retain the right to extinguish a tax lien by paying the total amount due, including taxes, interest, penalties, and associated costs, before the enforcement of the lien through judicial sale.
5. Priority of Liens: Tax liens established under this bill will have priority over most other encumbrances on the property, ensuring that tax obligations are settled before other claims.

These proposed changes aim to streamline the process of handling delinquent property taxes in Louisiana, providing clear guidelines for property owners and tax authorities.

HOUSE committee amendments technical

SENATE floor amendments technical

SB75 reenacts a prior law to protect it from legal challenge and clarifies when legislators or legislative staff can delay court cases or deadlines due to legislative duties.

Key Provisions:

• Legislators and full-time legislative staff can automatically delay court hearings or deadlines if they’re involved in a legislative session or constitutional convention.
• This delay applies to both civil and criminal cases (except death penalty cases) and administrative hearings.
• The continuance is presumed valid if filed correctly and must be granted within 72 hours.
• Courts can deny the delay only in rare cases and must explain why in writing.
• If denied, the legislator can appeal directly to the Supreme Court at no cost.
• Exceptions: This law does not apply to protective orders, child custody, domestic violence, or habeas corpus cases.
• Applies retroactively to cases filed on or after October 25, 2024.
• Effective immediately upon governor’s signature.

HOUSE committee amendments [LINK] require individuals conducting exit polls on election day or during early voting to register with the Secretary of State before polling begins, either in person, via facsimile, or by electronic mail. Exit polling is explicitly prohibited inside polling places or within 600 feet of entrances between 6:00 a.m. and 9:00 p.m. unless registered. Additionally, exit polling must be conducted in a nondisruptive manner.

SENATE committee amendments [LINK] clarify terminology and scope. The term "poll" is changed to "poll of voters," and the provision regarding news gathering now explicitly references the definition of "news gathering organization" as provided in R.S. 44:3.1.1. This specifies that the activity applies to polling voters as they leave polling places, rather than broader polling activity.

Defines "exit poll" within Louisiana's election laws. The bill specifies that an exit poll is a survey conducted by a bona fide journalist or news media organization of voters leaving a polling place to gather basic demographic information and determine how voters voted on candidates and propositions in an election. The poll must be conducted in a nondisruptive manner. The definition excludes polls about races, propositions, or issues not on the ballot, as well as the dissemination of information to voters. The bill is set to take effect on August 1, 2025.