HOUSE committee amendments technical.

Proposes amendments to Louisiana laws concerning the civil liability of firearm and ammunition manufacturers, distributors, and sellers. Here’s a comparison of current Louisiana law versus the proposed changes in House Bill 289 (2025 Regular Session), with all formatting simplified:

1.    Scope of Liability

·       Current law: Applies to firearm manufacturers and sellers only.

·       Proposed change: Expands coverage to include ammunition manufacturers and distributors as well.

2.    Liability for Misuse

·       Current law: No liability for injury caused by others unless due to an unreasonably dangerous construction or composition.

·       Proposed change: Same standard, but includes distributors and ammunition, not just manufacturers and sellers.

3.    Transfer Requirements

·       Current law: Requires that the firearm be transferred in compliance with federal and state law to avoid liability.

·       Proposed change: Removes federal compliance as a requirement—only state law compliance remains.

4.    Safety Features

·       Current law: Lack of certain safety features (e.g., chamber indicators, user recognition tech) doesn’t make a firearm unreasonably dangerous unless required by law.

·       Proposed change: Clarifies that this applies to distributors as well and removes reference to federal law compliance.

5.    Design Defects

·       Current law: The ability of a firearm to cause injury during normal use doesn’t count as a defect.

·       Proposed change: Extends this definition to ammunition too.

6.    Duty to Warn

·       Current law: No duty for firearm manufacturers or sellers to warn about risks (e.g., unauthorized access, presence of cartridge).

·       Proposed change: Includes ammunition and distributors under this exemption from liability.

7.    Assault Weapons Exclusion

·       Current law: Does not apply to assault weapons made in violation of federal law.

·       Proposed change: Repeals this exclusion, potentially shielding even those weapons if covered by the bill's broader protections.

8.    Legal Expense Recovery

·       Current law: Does not specify remedies for defendants in precluded lawsuits.

·       Proposed change: If a lawsuit is improperly brought, defendants may recover all legal expenses, lost income, and fees.

9.    Local Government Lawsuits

·       Current law: Local governments cannot sue manufacturers over lawful sales/design.

·       Proposed change: Expands this to distributors and trade associations, and allows defendants to recover legal expenses if sued in violation.

SUBSTITUTE FOR HB568

SENATE floor amendments [LINK] remove the 48-hour deadline for reporting and strike language related to penalties for knowing failures to report. They also delete a subsection on page 3, likely removing enforcement or penalty provisions. Overall, the amendments soften reporting requirements and eliminate specific consequences for noncompliance.

HOUSE floor amendments technical

Establishes stricter public safety and reporting requirements for carbon dioxide sequestration facilities in Louisiana. It significantly increases civil penalties from $5,000 to $200,000 per day for violations, imposes criminal penalties—including fines up to $25,000 per day or imprisonment for up to one year—for willful or knowing failures to report incidents, and requires immediate (within 48 hours) notification to local emergency responders, law enforcement, officials, and the public when equipment malfunctions or CO₂ releases occur.

Establishes strict public safety, reporting, and accountability requirements for carbon capture and storage (CCS) projects in Louisiana, including criminal penalties for failing to report leaks or malfunctions.

Key Provisions: 

- Requires CCS operators to report within 24 hours any carbon dioxide leaks, pipeline ruptures, seismic activity, or equipment malfunctions that could lead to CO₂ release. 

- Incident reports must include location, cause (if known), public health and environmental risks, mitigation steps, and a corrective timeline. 

- Mandates public disclosure within 48 hours to landowners within five miles, emergency responders, local officials, and the general public via press release and state websites. 

- Imposes $250,000 per day fines for failure to notify the public. 

- Establishes felony penalties (up to 5 years imprisonment) and $500,000/day fines for knowingly failing to report incidents. 

- Allows revocation of operating permits for repeat offenses and holds executives personally liable for damages. 

- Sets a $1 million minimum fine and potential civil/criminal penalties for intentionally concealing or altering incident data. 

- Grants authority to the attorney general to prosecute violations. 

- Becomes effective upon gubernatorial signature or lapse of time for gubernatorial action.