HOUSE committee amendment 1 [LINK] added the following language:"Notwithstanding any other provision of law, in a claim for personal injury damages that is not raised pursuant to the Louisiana Workers' Compensation Law, the lack of a prior history of an illness, injury, or condition shall not create a presumption that an illness, injury, or condition was caused by the act that is the subject of the claim." THIS MEANS: In personal injury lawsuits outside of workers' comp, having no prior medical history does not create a presumption that the claimed injury was caused by the incident in question.

This bill changes how plaintiffs prove injury claims in Louisiana courts.

Right now, injured people can use certain presumptions to help show that someone else caused their injury—like the fact that they were healthy before, the injury showed up right after the incident, or there’s a reasonable chance the incident caused it.

This bill ends that. Plaintiffs will no longer be able to rely on those shortcuts. Instead, they must fully prove that the other party caused the injury with actual evidence.

Key points:

• Gets rid of three commonly used legal presumptions in personal injury cases
• Requires full proof of causation from the plaintiff
• Does not affect workers' compensation claims
• Overrules the 1991 Housley v. Cerise court decision
• Applies only to future cases
• Becomes law once signed by the governor or by default enactment

SENATE floor amendments technical.

HOUSE floor amendment [LINK] allows the Louisiana Workforce Commission secretary to waive union-related requirements for mass transit employees if needed to keep an employer eligible for federal transit funding under 49 U.S.C. §5333(b).

HOUSE committee Amendments 2, 4 & 7 [LINK] require labor unions to cover administrative costs for members opting out.

Proposes changes to the procedures governing the withholding of labor organization dues or fees from the wages of teachers, school employees, and public employees in Louisiana.

 Key Provisions of the Bill:

1.    Immediate cessation of dues withholding: Employees can submit a written or electronic request to their employer to stop the withholding of labor organization dues or fees. Upon receiving such a request, the employer must promptly notify the relevant labor organization or union and cease the deductions.

2.    Annual authorization requirement: Authorizations for salary deductions to pay labor organization dues or fees are limited to a one-year duration and must be renewed annually. Any increase in the total amount of dues or fees also necessitates a new authorization. Previous authorizations are deemed invalid under this bill.

3.    Employer notification obligation: Employers, including state agencies and school boards, are required to inform employees annually, in writing or via email, of their right to discontinue membership in a labor organization and cease payment of dues or fees.

4.    Standardized authorization form: The bill mandates the use of a specific authorization form, prescribed by the attorney general, which includes a statement emphasizing the voluntary nature of labor organization membership and the employee's right to revoke authorization at any time.

5.    Exemptions: The provisions outlined in this bill do not apply to law enforcement officers and firefighters.

6.    Applicability to collective bargaining agreements: The bill's provisions apply prospectively to new collective bargaining agreements or to existing agreements that are modified, extended, or affected by a new or modified memorandum of understanding.

This legislation aims to reinforce employees' rights regarding union participation and financial contributions, ensuring that such involvement remains a voluntary and consciously renewed choice.

SENATE floor amendments [LINK] fixed the problems. Bar use for redistricting, bar email voting when out of session. GO VALARIE!!

There are serious constitutional problems with this bill as described immediately below regarding allowing a concurrent resolution to bypass the Louisiana Constitution and Louisiana Election Code and allow election officials to make new rules and regulations or legal agreements. This legal assessment is from attorney PAUL HURD who successfully defeated the unconstitutional district in court that gave us Cleo Fields in Congress. Hurd has serious concerns about how this will affect all of the lawsuits/legal challenges to redistricting as well as the redistricting that is coming up.

This bill is a bad idea because it allows the Legislature to change how Louisiana elections are run—including those enumerated in the Constitution and Election Code—just by passing a concurrent resolution. That means they could bypass the normal constitutionally-mandated democratic process that requires passing a full bill, getting the governor’s signature, and most importantly, a vote of the people to change the Constitution. Our state Constitution is supposed to protect voters from political overreach. Any change to the Constitution MUST go to the people for a vote.

Key Provisions:

• Prohibits state, parish, and local election officials from entering consent decrees or legal agreements that alter election procedures unless:

1. Such procedures are already authorized by the Louisiana Constitution (see below) by the Louisiana Election Code; or
2. Approval is granted by a concurrent resolution adopted by a majority of elected members in both the House and Senate. By what stretch of the imagination is this constitutional?

TEXT: §6.      Change in election procedures prohibited; legislative approval

10                    No state, parish, or local election official or the state board of election

11                    supervisors or a parish board of election supervisors shall enter into a consent decree

12                    or other legal agreement that prescribes election procedures that conflict with

13                    procedures prescribed by this Code except as otherwise provided in this Code or as

14                    authorized by adoption of a concurrent resolution approved by a majority of the

15                    elected members of each house of the legislature.

I.                       VERY QUESTIONABLE PUBLIC ELECTION POLICY:

A.                    ELIMINATES STATEWIDE ELECTION “UNIFORMITY”

-                          Provides for change in any election requirement or procedure BY AGREEMENT with any election official.

-                          No advance or public oversight:       By agreement (without judicial suit or oversight or public notice) election officials could agree to new election procedures:

 -                          EXAMPLES OF ELECTION SPECIFICS THAT COULD BE ELIMINATED BY AGREEMENT:

-                          allows qualifying dates and times or place to be changes to Baton Rouge, or Parish seat, or D.C.

-                          Allows changes back to the “Open Primary” if any election official agrees.

-                          Allow for mail in ballots without conformity to law, or late arrival

-                          Allows disregard of the evidence needed for proof of residency for enough time in Louisiana (allow for out-of-state voters)

-                          Allows disregard of the evidence needed for proof of citizenship

-                          Allows disregard of evidence of proof of citizenship altogether

-                          Allows disregard of evidence of past felony convictions.

B.                    STATUTORY ATTEMPT TO REMOVE LEGISLATIVE PREROGATIVES TO ESTABLISH ELECTION DISTRICTS FOR ALL STATE ELECTED OFFICIALS:

-                          Allow for Congressional Redistricting to be done by “agreement” without legislative notice, information and legislative impute.

-                          URGENT CONCERN:        LOUISIANA CONGRESSIONAL REDISTRICTING COULD COME UP AT THE END OF THE

LEGISLATIVE SESSION OR IMMEDIATELY AFTERWARDS. STATUTE WOULD ALLOW “CONFIDENTIAL” REDISTRICTING WITHOUT LEGISLATIVE PROCESS OR FULL INPUT.

-                          Allow for Legislative Redistricting to be done by “agreement” and late presentation of final proposed plan to “excluded legislators” as a “finished product.”

C.                    VESTS POWER TO CHANGE ELECTION PROCEDURE WITH EACH LOCAL ELECTION OFFICIAL (EACH COMMITTEE) AND IN EACH LAYER OF LOCAL ELECTION OFFICIALS WITH AUTHORITY TO CHANGE ELECTION PROCESS IN THEIR LOCAL JURISDICTION.

-                          makes the State “Election Code” voluntary throughout the State.

-                          “other agreements” does not provide for any advance notice, public consideration, applicability term, etc.

-                          changes in the last minute to favor one candidate over another.

D.                    CREATES LOCAL POLITICAL AUTHORITY TO ALTER ELECTION REQUIREMENTS TO “FAVOR” OR “PENALIZE” A FAVORED OR DISFAVORED CANDIDATE OR PARTY.

II.                   CLEAR CONSTITUTIONAL VIOLATIONS:

SUMMARY: Reading in unison the requirement of Article XI, Section 1 mandating that the State Election Code shall apply to all elections, and the prohibition of Article III, Section 12, which prohibits the adoption of local or special laws for the conduct of elections in the Election Code, HB 206 is violative of these constitutional mandate that Louisiana have a single, statewide, uniform Election Code adopted by the Legislature, and binding uniformly on all election officials of the State.

Further, any adoption of a local law, under Article III. Section 13, which covers the attempt to adopt an unconstitutional local election law, must meet the requirements of public notice, local publication (twice) specified therein. HB 206 violates that constitutional requirement of pre-adoption advertising of 30 days before introduction in the legislative process, plus the declaration of the substance and the purpose of the proposed new local election law.

A.                    La. Constitution, Article XI, Section 1.     The legislature shall adopt an election code which shall provide for permanent registration of voters and for the conduct of all elections. (emphasis added).

B.                    La. Constitution, Article III. Section12(1).          Prohibitions. — Except as otherwise provided in this constitution, the legislature shall not pass a local or special law (1) [f]or the holding and conducting of elections, or fixing or changing the place of voting.

-  HB 206 creates a “local or special law” for conducting of elections Which is prohibited by this Art. III, Section 12(1).

-  HB 206 will attempt to allow an unconstitutional “local election law” attempting to allow local election officials to voluntarily change the election procedures within their jurisdiction.

C.                    La. Constitution, Article III, Section 13.   Local Law Requirements.                                               

A. Except as otherwise provided in this Section, no local or special law shall be enacted unless notice of the intent to introduce a bill to enact such a law has been published on two separate days, without cost to the state, in the official journal of the locality where the matter to be affected is situated. The last day of publication shall be at least thirty days prior to introduction of the bill. The notice shall state the substance of the contemplated law, and every such bill shall recite that notice has been given