Louisiana Legislature Report |
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The latest news from the Louisiana Legislature. We follow the latest pre-filed, pending and passed legislation and post our summaries and commentary with a link to the original legislation. Feel free to add your own comments about the proposed and passed new laws.  
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March 31, 2003
Legislative Session starts today The 2003 Legislative Session officially started at noon today. The Session is scheduled to end June 23, 2003. Laws passed during the Session become effective August 15, 2003, unless a different effective date is specified in the legislation. We will be reporting during the session on the progress of pending legislation. For an alphabetical index of pending legislation, see the Subject Index to Bills. March 27, 2003
Credit card offers to students prohibited Proposed law would make illegal the practice of offering anything of value to a student for applying for a credit card. Credit card issuers would not be able to give or promise to give any gratuity or anything of value to a student in exchange for the student reviewing or agreeing to review materials pertaining to a credit card application or to complete a credit card application. HB107 Parenthood course would be required for graduation Course in parenthood would be required for high school graduation. The course would be a minimum of one semester equal to one-half of a credit. Parenthood education under present law includes family living, prenatal care, home management, and the responsibilities of parenthood. HB103 Rear seat passenger seat belt use required Rear seat passengers would have to use seat belts. This new law would add to the present requirement that a driver and front seat passenger must wear seat belts. The present law as to fines ($25 first offense, $50 second and subsequent offenses) would remain the same and the requirement that a car not be pulled over strictly for seat belt violations would also remain the same. SB88 Parole hearings every 6 years would be mandated in non-violent life sentence cases New law would mandate parole hearings every 6 years for non-violent offenders sentenced to life terms. Proposed R.S. 15:574.4(B)(3) would make it mandatory to have parole hearings at six year intervals as long as the offender had 1) been sentenced in a non-violent case, and 2) had already served at least twenty years. SB85 Day care centers added to drug-free zones Day care centers would be added to areas considered a drug-free zone. In addition to retail areas, which is another pending law, licensed full time day care centers would be considered drug free zones for a distance of one thousand feet from the day care facility. Also, day care centers would be able to object to the granting of a permit to sell alcoholic beverages under certain circumstances. SB77 March 19, 2003
Medical coverage for obesity treatment mandated Morbid obesity would be considered a condition for which medical insurance coverage is mandatory. Morbid obesity is defined to be either 100 pounds over an ideal weight or twice a person's ideal weight. After January 1, 2004, all insurance providers (HMO, medical insurance, etc.) would be required to offer morbid obesity treatment coverage as an option. Coverage would include certain surgical procedures as one type of treatment. HB68 State jelly named Not to be outdone by the naming of gumbo as the state cuisine, mayhaw jelly would be Louisiana's official state jelly. HB27 March 17, 2003
Junk email would be outlawed for residential customers New law would make it illegal to email to a "residential Internet electronic mail subscriber" for any sales related purpose with the exception of: 1) In response to direct request of customer, 2) primarily in connection with an existing debt or contract, 3) where an existing business relationship exists or was terminated in the past 6 months, 4) non-profit organizations as defined by IRS rules, 5) public opinion polling or marketing research that does not involve selling, or, 6) political activity. The Public Service Commission would be directed to establish a database of those who do not want to be solicited by email by January 2004. Penalties for violation can be $1,500 per violation. If the violation is against someone over the age of 65, the penalty can be $3,000 per violation. If the unwanted email is deemed "obscene" the penalty can be $5,000. SB90 Tape or DVD player visible to driver outlawed Under current law, no device that shows television broadcasts can be in the front seating area if visible to the driver. With this proposed amendment, the words "pre-recorded visual content" are added to specifically include video tape and DVD players. As an interesting side-point to this statute (32:365(A)), although police officers are exempt, they cannot use a recording device to record a traffic violation in order to mail traffic citations to violaters at a later date. SB70 Amendment recognizes mother as proper party as well as father An amendment to the Code of Civil Procedure would give the mother of an unemancipated child certain authority now recognized as being the father's alone. The change would affect CCP Articles 683(C), 732(C), and 4501-4502. SB62 Constitutional amendment to require referendum before new Indian gaming allowed A proposed amendment to the Louisiana Constitution (Article XII Section 6(d)) would require elections in localities before gambling (sorry, we meant gaming since gambling is already illegal under our Constitution) would be allowed on Indian lands.The amendment requires that if the state and Indian tribe enter into a gaming compact, it must be approved by the voters where the Indian lands are located. The proposed amendment, if approved, would be submitted to the voters at the next gubernatorial election in 2003. HB5 March 16, 2003
Battery of a pregnant woman would be new crime Battery of a pregnant woman would be a new crime where the offender has reasonable knowledge that the victim is pregnant. The new law would be 14:34.8. Conviction would carry a sentence up to six months with a mandatory period in jail of 72 hours not subject to suspension of sentence. HB48 Motorcylce passenger helmet law Motorcycle helmets would be required for all passengers (but not operators). Currently, only passengers under the age of 18 must wear a helmet. The age distinction would be removed so that all passengers, regardless of age, would be required to wear a helmet. HB41 March 15, 2003
Gumbo would be state cuisine This legislation would create an official "state cuisine" as 49:170.8. Furthermore, the new section would make gumbo the official state cuisine. What more can we say? HB26 Crimes against the infirm would have penalties increased The current provisions of 14:93.3(E) would be amended to allow for increased sentencing for repeat offenses of cruelty to the infirm. "Infirmed" includes any infirmed person, disabled adult, or aged person. The enhanced penalty would add a mandatory minimum 5-year sentence for second offenders without parole, probation or suspension. HB10 Mailing of credit card applications would be unlawful Under this amendment to 9:3518.2 which prohibits the mailing of unsolicited credit cards, credit card applications would also be prohibited. It would be unlawful for any financial institution, retail merchant, or any other party, to mail or otherwise deliver any credit card application. SB22 Commercial fishermen freed from needing vendor's permit Under this proposed new law, commercial fishermen would not be required to have a "mobile food vendor's permit" in order to sell their catch. This would only apply, however, to sales directly from the fisherman's home or boat. This would add a new Paragraph "D" to 56:303.7 SB2 Retail establishments added to drug-free zones A pre-filed amendment would add retail establishments to current areas that are considered drug-free zones. A 1,000 foot radius area around Schools, playgrounds, public housing and churches are some of the areas that are currently drug-free zones. Sales of drugs (controlled dangerous substances) within drug-free zones carry enhanced penalties. Under the proposed amendment, "retail establishment" means any premises on which is located any business having as its primary business the sale of goods or services to the public at retail. HB9 Session starts March 31 The Louisiana Legislature goes into session at noon on March 31, 2003. In the meanwhile, there are many pre-filed bills that we can post and analyze. Stay tuned.... |
