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2005 Summary of New State Laws - Louisiana

(Preliminary List of 2005 Approved/Pending Legislation)

Issue

Bill #

Bill Description

MISCELLANEOUS

(Bail Bond Premium Increases)

House Bill 76

Increases the fee on premiums for commercial surety underwriters who write criminal bail bonds in Orleans Parish. Effective: 8/15/05.

(Surplus Lines Brokers)

House Bill 164

Provides relative to notice of surplus lines brokers of an insurer's removal from the approved list. Effective: Day following governor's signature.

(Business Entities as Insurance Producers)

House Bill 402

Provides for the requirements of business entities to act as insurance producers. Effective: upon governor's signature.

(Window Tinting Exemption)

House Bill 464

Provides with respect to the application for a medical exemption from window tinting regulations. Effective: 8/15/05.

(Confidentiality in Medical Malpractice Cases)

House Bill 485

Provides for the confidentiality of risk management information in medical malpractice cases. Effective: 8/15/05. Act 63, Laws of 2005.

(Building Code)

House Bill 552

Provides for Commercial Building Energy Conservation Code. Effective: 6/21/05. Act 91, Laws of 2005.

(Title Insurance CE Requirement)

House Bill 653

Requires continuing education for title insurance producers. Effective: upon renewals in 2006.

(Air-supported Structures)

House Bill 771

Provides for insurance and reporting requirements for operators of air-supported structures. Effective: 8/15/05.

(Building Code Task Force)

House Resolution 135

Creates the Uniform Building Code Task Force. Effective: 6/16/05.

(Medical Review Notices)

Senate Bill 184

Provides relative to notification of medical review panels. Effective: 8/15/05. Act 127, Laws of 2005.

(Security Breach Notices)

Senate Bill 205

Provides for security breach notification requirement. Effective: 1/1/06.

MOTOR VEHICLE INSURANCE

(Discounts for Military Personnel)

House Bill 69

Provides for discount for automobile liability insurance for active military personnel paid by a credit against the premium taxes. Effective: 8/15/05.

(Coverage Limitations)

House Bill 188

Deals with the limitation of coverage and potential recovery of the named insured or spouse or other family member for whom the policy provides coverage to less than the highest policy limit. Effective: 8/15/05.

(Liability Limitations for Off-Road Vehicles)

House Bill 278

Clarifies definitions applicable to the limitation of liability for motorized off-road vehicle activities. Effective: 8/15/05. Act 51, Laws of 2005.

(Auto Insurance Fraud)

House Bill 689

Provides for restitution to insurers subject to automobile insurance fraud. Effective: 8/15/05.

(Vehicle Mechanical Breakdown Policies)

House Bill 700

Provides that customer assistance is included in the coverage of vehicle mechanical breakdown policies. Effective: 8/15/05. Act 100, Laws of 2005.

(Air Bags in Total Loss Calculations)

House Bill 761

Allows air bags to be calculated to determine if a vehicle is a total loss under the insurance policy if the policyholder agrees. Effective: 8/15/05.

(Parking Lot Liability)

House Bill 779

Provides that compulsory automobile liability insurance laws apply in private parking lots. Effective: 8/15/05.

PROPERTY INSURANCE

(Insurance Rate Calculations)

House Bill 319

Provides for the calculation of insurance rates under the Louisiana Citizens Property Insurance Corporation. Effective: 8/15/05.

(Policy Form Conversions)

House Bill 687

Provides that conversion of policy forms that result in a rate change are subject to the laws governing rate changes. Effective: 8/15/05.

TRAFFIC ISSUES

(Children in Unattended Vehicles)

House Bill 5

Increases penalties for leaving children unattended in motor vehicles. Effective: 8/15/05. Act 30, Laws of 2005.

(Fleeing Accident in Vehicular Homicide Cases)

House Bill 16

Deletes requirement of fleeing the scene of an accident as an element of the crime of vehicular homicide. Effective: 8/15/05. Act 32, Laws of 2005.

(License Suspensions)

House Bill 101

Authorizes driver's license suspension for offenses involving unlawful purchase or possession of alcoholic beverages. Effective: 8/15/05.

(Temporary Electronic Driver's Permits)

House Bill 270

Authorizes the issuance of temporary driver's permits electronically under certain circumstances. Effective: 6/16/05. Act 50, Laws of 2005.

(BAC Test Admissibility)

House Bill 281

Provides for admissibility of state police crime lab BAC test results in civil cases. Effective: 8/15/05. Act 52, Laws of 2005.

(Seatbelt, Helmet Violations)

House Bill 509

Provides that violations of seatbelt and motorcycle helmet statues or ordinances shall not be provided on motor vehicle operating records. Effective: 8/15/05.

(Ignition Interlock Devices)

House Bill 692

Provides with respect to ignition interlock devices as a condition of bail in certain alcohol-related accidents. Effective: 8/15/05.

(Penalties for DWI Offenses)

Senate Bill 157

Provides with respect to criminal penalties for third, fourth, and subsequent DWI offenses. Effective: 8/15/05.

(Tail Light Requirements)

Senate Bill 208

Clarifies certain requirements with respect to tail lamps on motor vehicles. Effective: 6/22/05. Act 129, Laws of 2005.

WORKERS' COMPENSATION

(Dependent's Right to Sue)

House Bill 680

Allows a legal dependent of a deceased employee to sue the direct employer for all legal damages when the direct employer fails to secure workers' compensation insurance or proper certification of self-insured status. Effective: 8/15/05.

(Workers Comp for Horsemen)

Senate Bill 292

Authorizes a Horsemen's Workers' Compensation Insurance Program. Effective: 8/15/05.

(Workers Comp Farm Study)

Senate Resolution 122

Requests the Senate Committee on Insurance to study the availability, affordability, feasibility of, and statutory changes necessary to allow farms to provide workers' compensation coverage through existing policies of insurance without obtaining a separate workers' compensation insurance policy. Effective: 6/17/05.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Louisiana State Resource Center