Louisiana Legislature Report


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.




April 17, 2003
 
Important changes to Trust Code proposed

Several changes to the Louisiana Trust Code are proposed. One change is that if a pre-deceased beneficiary is a sibling, descendant, or descendant of a sibling of the settlor, then absent a contrary provision in the trust the person becomes a principal beneficiary. Under current law, the disposition to the pre-deceased person lapses. SB251 [Status: pending, second reading]


April 7, 2003
 
New Orleans would have "Las Vegas" marriage laws

Law would allow any marriage official in Orleans Parish to waive 72 hour waiting period after issuance of marriage license. This would apply only to out of state residents. So, it looks like the intent is to afford vacationers a "Las Vegas" type incentive to visit the Big Easy. SB565 [Status: pending, awaiting final passage]


 
Special requirements for contracts that automatically renew

Contracts with provisions that automatically renew the contract would be required to have such provisons in bold face type not smaller than 12 points and in all capitals. These types of contracts are commonly called "evergreen" contracts. The law, if passed, becomes effective January 1, 2004. HB361 [Status: pending, sent for final passage]


April 3, 2003
 
Married woman would be able to use former husband's name

Married women would be able to use any combination of current married name, maiden name, deceased former spouse's name or former husband's name. Existing law does not allow the use of a divorced husband's name unless there are children from that marriage. HB397 [Status: pending, under discussion]


 
Constitutional sales tax exemption would be repealed

The current exemption for sales tax on food and drugs would be repealed. Under current law, the state sales tax on food for home consumption, food, gas, electricity and prescription drugs becomes 0% as of July 1, 2003. The proposed change would repeal the exemptions and put into effect changes that basically leave a 1% state sales tax on these items. HB384 [Status: pending, under discussion]


April 1, 2003
 
Usufruct of spouse would be lifetime without bond

Proposed law makes change in usufruct law. Usufruct of spouse over deceased's property would automatically be a lifetime usufruct under current law (since 1996) unless the testament declares a shorter period of time. Added would be that the usufruct is without the requirement of bond or security unless the testament states otherwise. Amendment would be to Civil Code Article 1499 and is retroactive to testaments made after June 18, 1996. [Status: pending, under consideration] SB860


 
Family court for Orleans Parish would be established

Under consideration is adding a family court in Orleans Parish. The legislation authorizes the family court as a new division and sets the salaries of judges and other administrative matters. [Status: pending, to be considered] SB247


 
Simple majority vote required to grant parole

Being considered today is legislation to change the current law on granting paroles. The change would allow the majority of panel members to grant parole. Current law requires a unanimous vote of the panel members voting. [Status: pending, under consideration] SB521


 
Personal surety would be allowed for any Louisana resident

Being considered today is legislation that would allow the release on personal surety for any resident of Louisiana. Current law requires that the person to be released be a resident of the parish in which the criminal action is located. The change would allow the person to be a resident of any parish. [Status: pending, under consideration] SB513