Louisiana Gov Landry signs into law bills concerning torts, criminal justice

(The Center Square) − Louisiana Gov. Jeff Landry has signed several bills into law pertaining to the criminal justice system and tort structure, law enforcement benefits and economic development.

TORT REFORM

Tort reforms have been pursued as a remedy to the state's insurance crisis, which many attribute to the state's legal environment that is often called plaintiff-friendly.

Tort reforms made a return in this year's legislative session with several major bills that gave insurers better protections in court, granted the insurance department broader authority, and offered tax credits for dashboard cameras.

House Bill 148 requires insurers to show last year's premium next to the renewal premium and strengthens rate regulation by removing distinctions between competitive and noncompetitive markets.

It also gives the insurance commissioner broader authority to reject rates that are excessive, inadequate, or unfairly discriminatory, regardless of market conditions. Insurance commissioner Tim Temple spent much of the session vigorously opposing this law.

"Today, we've taken steps to shield Louisianans from frivolous lawsuits driven by trial lawyers — using a data-driven strategy," Landry said after signing six tort reform bills. "And we made it clear to insurance companies that they must answer to their policyholders. Over the past 50 days, I am proud to say that the only side I've stood with is the people of Louisiana."

Rep. Peter Egan's bill caps damage awards in court to $5 million.

"Because these sorts of damages can't be quantified, such as mental anguish, the amount that can be awarded to the claimant is nearly limitless," Egan said.

CRIMINAL JUSTICE

HB23 requires law enforcement agencies to electronically submit key post-conviction documents — such as jail time served, the indictment, and sentencing orders — through the Integrated Criminal Justice Information System.

SB79 allows district attorneys and defendants, in plea agreements, to formally acknowledge whether a firearm was used, discharged, or possessed during the crime — triggering firearm-specific sentencing enhancements.

ECONOMIC DEVELOPMENT

Northern Louisiana's data center was declared as serving an "industrial purpose," affording it special provisions that allow the power-intensive Meta facility to largely govern itself. SB79 also expands who the data center can contract with via cooperative endeavor agreements — not just the local parish or municipality but also other government bodies or private entities.

While SB59 has yet to be signed by Landry, it has passed both chambers and was signed by Senate President Cameron Henry. It is Louisiana's version of the REINS Act, which is currently being pursued in the U.S. Congress.

Under the Louisiana law, any regulations with an impact of $200,000 annually, or $600,000 over three years, would have to be approved the Legislature.

LAW ENFORCEMENT

This regular session made some changes to officer retirement benefits, surveillance and designated highways in memory of fallen officers.

SB1 makes it easier for law enforcement with prior out-of-state or federal service to buy retirement credit in the system by lowering the required service from 10 years to six months and removing the pre-2008 membership restriction.

SB53 requires wiretap warrants to disclose the location of the monitoring post and gives judges the discretion (rather than a mandate) to require informants to appear and be sworn in under oath.

SB190 designates specific highway segments in Louisiana to honor fallen public servants, including law enforcement officers and a military veteran, by renaming them as memorial highways:

In East Baton Rouge Parish, a portion of U.S. Route 61 (Airline Highway) will be named the "Jackson, Gerald, Garafola, Tullier Memorial Highway"— honoring the three Baton Rouge law enforcement officers (Montrell Jackson, Matthew Gerald, and Brad Garafola) and Deputy Nick Tullier, who were killed or critically injured in the 2016 ambush shooting targeting police.

In St. Tammany Parish, a portion of Interstate 10 between the Oak Harbor Blvd. overpass and the Twin Span Bridge will be named the "Sgt. Grant Candies Memorial Highway", honoring Candies, an officer killed in a high-speed chase.

FORTIFY HOMES PROGRAM

Several bills were proposed that attempted to expand and offer more material incentives for the Louisiana Fortify Homes Program, which has been a success, according to Temple.

SB52 authorizes a tax exemption for grants received from the Louisiana Fortify Homes Program.

HB329 redirects several streams of insurance-related taxes and fees to help fund the program, which provides grants for homeowners to strengthen their roofs against storm damage.

HBB441 raises various licensing and regulation fees collected by the Louisiana Department of Insurance for insurance producers, claims adjusters, public adjusters, and certain insurers.