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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June 19, 2003
Employment contract non-compete enlarged Amendments to current law allow an employment contract to prohibit competition not only for sellers of a business, but any "other interested party in the transaction." The change also makes clear that a former employee who becomes employed by a competing business, not just the owner of a competing business, can be covered under a non-compete agreement. [Status: passed and sent for signature ] HB 1770 Medical malpractice act extended Changes in the law provide for the hiring of attorneys to represent the Patient's Compensation Fund. The changes also specifically authorizes the Board to intervene in medical malpractice cases. [Status: passed and sent to the Governor ] HB 1377 June 18, 2003
Viatical settlements Comprehensive new law controls viatical settlements (selling the right to receive life insurance proceeds). The law controls everything from licensing to allowed methods of advertising. A viatical settlement cannot be entered into within two years of obtaining life policy, but there are many exceptions, including being diagnosed with a terminal illness. [Status: passed and signed ] ACT 343 June 16, 2003
Acupuncturist assistants Amendment to current law requires that an acupuncturist's assistant must work under the supervision of a physician. Prior law required physical supervision and that the physician be certified as an acupuncturist. The physical part is deleted as is the requirement that the physician be certified.[Status: passed and signed ] ACT 62 Battle of the state jellies ends in tie It was not enough to have a state jelly. A slug-fest erupted in the Legislature that resulted in not just one, but two state jellies. The official jellies for the State of Louisiana are mayhaw jelly and sugar cane jelly. It is comforting to know the Legislature was able to work this out. [Status: passed and signed ] ACT 76 June 10, 2003
Food industry's liability for obese consumers limited Food and non-alcoholic beverage makers or distributors are not liable for the chronic health conditions of consumers where the condition is based on obesity or weight gain. [Status: passed and signed ] ACT 158 Responsive verdicts for possession of cocaine set Responsive verdicts now allowed for a prosecution for possession of cocaine are: guilty, guilty of attempted possession, guilty of possession of drug paraphernalia, or not guilty. [Status: passed and signed ] ACT 164 Attempt to commit arson defined Attempt to commit arson is now defined as the placing of combustable materials with specific intent to eventually set a fire. [Status: passed and signed ] ACT 166 New rules on motion to reconsider sentence Motions to reconsider a sentence are changed so that in a misdemeanor conviction, a motion can be brought at almost any time if in writing. In a felony conviction, the motion must be brought within 30 days. [Status: passed and signed ] ACT 167 Penalty for state tax evasion increased Amendments to existing laws would make the penalty for filing fraudulent return or for tax evasion where the tax due is over $1,000 up to two years at hard labor.[Status: passed and signed ] HB 1250 ACT 170 Conviction of hit and run can now carry mandatory license suspension Conviction or guilty plea to hit and run resulting in death or serious bodily injury now carries a mandatory suspension of driver's license for at lease six months. [Status: passed and signed ] SB 113 ACT 188 Sales of beer kegs to be tracked This new law requires that the purchaser of a keg of beer must provide certain information, a photo ID, and must sign a statement that the beer will not be consumed by anyone under the age of 21. Further, each keg must have an unique tracking numer affixed. [Status: passed and signed ] SB 140 June 9, 2003
Notice of sex offenders who are students or workers in post-secondary education must be given Any convicted sex offender who is a student or who works for an institution of post-secondary education must notify the Louisiana Bureau of Criminal Identification and Information. The Bureau must notify the institution and the institution must inform all students and workers where this information is kept. [Status: passed and signed ] SB 375 June 8, 2003
Personal surety can live anywhere in Louisiana Current law is amended to allow a personal surety to reside anywhere in Louisiana, not just the parish where the surety is posted. [Status: passed and signed ] SB 513 Medicaid estate recovery program seeks to establish recovery procedures and limits This new legislation seeks to limit the amount recoverable from the estate of a deceased Medicaid recipient. If the family home is involved, the amount recoverable would be limited to one-half the value of average homes in the parish and in no case should there be any recovery if there is undue hardship on the heirs. [Status: passed and signed ] SB 612 Fraudulent acquisition of credit card added Fraudulent acquisition of credit card is added as a new crime. Making a false statement on a credit card application as to identity is one element of the crime. (14:67.22)[Status: passed and signed ] SB 711 Immunity of spouse from simple rape charge removed The words "who is not the spouse of the offender" have been removed from 14:43 of the Criminal Code so that now a spouse can be guilty of simple rape or sexual battery. [Status: passed and signed ] SB 756 Autos must have fenders or mud-flaps All vehicles used on the public roads (except motorcycles) must now have fenders or other devices to reduce spray. The devices must be at least as wide as the tires. [Status: passed and signed ] SB 854 Unsolicited pornographic email now illegal "Electronic communication" has been added to the prohibitions against the distribution of obscenity. Sexually explicit material must include "ADV-ADULT" in the subject line of the email.[Status: passed and signed ] SB 863 Aggravated assault penalties increased The penalties for aggravated assault with a firearm and aggravated assault on a peace officer have been increased. The maximum penalty for aggravated assault on a peace officer is now ten years at hard labor.[Status: passed and signed ] SB 875 Dismissal of public employees convicted of a felony New law expands the mandatory requirement that state workers be terminated upon conviction of a felony while publicly employed. The law now includes parish, municipal, district and ward employees.[Status: passed and signed] SB 889 Marriage license wait waiver now in effect As predicited, the new law that allows non-residents to get married in Orleans Parish without a waiting period passed and was signed by the Governor. The law, unlike most, is effective now. [Status: passed and signed ] SB 565 |
