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2009 SUMMARY OF NEW STATE LAWS – LOUISIANA

State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 55

124

Auto Equipment Issue

Prohibits installation of sound amplification systems on the exterior of a vehicle chassis. Effective date: August 15, 2009.

HB 76

268

Home Improvement Fraud

Amends penalty provisions of home improvement fraud statute. Effective date: August 15, 2009.

HB 97

52

Motorboat Issues

Amends provisions concerning boating safety; excludes commercial fishing vessels which have a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto from the definition of motorboat; provides that application fees paid by owners of such vessels shall be credited towards any license or permit fees. Effective date: August 15, 2009.

HB 155

199

Negligent Homicide Liability

Relates to criminal negligence; amends the definition of negligent homicide to include the killing of a human being by a dog or other animal when the owner is reckless in confining or restraining the dog or animal; amends the definition of negligent criminal injuring to include an injury caused by a dog or other animal; provides penalties; provides for exceptions; prohibits the denial of liability insurance coverage for such cases of criminal negligence. Effective date: August 15, 2009.

HB 176

275

Teen Drivers

Relates to drivers education for children; permits a child who is in at least the ninth grade and is less than 15 years of age to participate in the classroom instruction component of the driver education program operated by the Board of Elementary and Secondary Education (BESE) and the state Department of Education. Effective date: January 1, 2010.

HB 185

324

Auto Insurance

Prohibits insurers from refusing to bind or sell collision or comprehensive automobile coverage when there is possible pending tropical storm or hurricane exposure. Effective date: August 15, 2009.

HB 201

472

Property Insurance

Provides that inclusion of or a change in deductible shall not be deemed cancellation of a property insurance policy in certain circumstances. Effective date: August 15, 2009.

HB 208

280

Auto Insurance

Requires insurers to cover express or implied permissive users under an automobile liability insurance policy. Effective date: August 15, 2009.

HB 232

5

Watercraft Issues

Provides for post accident drug an alcohol testing of the operator of any watercraft involved in a collision, crash, or other casualty in which a fatality occurs. Effective date: August 15, 2009.

HB 235

6

Watercraft Issues

Adds the intentional refusal to bring a watercraft to a stop when signaled by a marked police watercraft to flight and aggravated flight from an officer; adds aggravating circumstances applicable to watercraft including colliding with another watercraft or operating the watercraft in a careless or reckless manner. Effective date: August 15, 2009.

HB 236

27

Watercraft Issues

Revises the minimum age requirement for operation or rental of a personal watercraft. Effective date: August 15, 2009.

HB 265

366

Traffic Offenses

Relates to persons charged with traffic violations; establishes a time period for disposition, licenses, reports, and records to be sent to Department of Public Safety and Corrections; relates to a fee charged and a record of unpaid traffic fines and parking fines. Effective date: August 15, 2009.

HB 276

501

Building Codes

Requires submission of updated state uniform construction codes to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs for oversight and approval. Effective date: August 15, 2009.

HB 333

134

Deductibles

Limits separate deductibles which apply to damage resulting from a named storm or hurricane, including hurricane, named-storm, and wind and hail deductibles, to being applied on an annual basis; relates to all homeowners' insurance policies or other policies insuring one-or two-family owner occupied premises issued or renewed by authorized insurers; authorizes insurers to require policyholders to maintain receipts or other records of such losses, in order to apply such losses to subsequent claims. Effective date: June 25, 2009.

HB 347

367

Health Information Disclosure

Provides with respect to the confidentiality of health information in possession of the Department of Insurance is confidential; provides for limited disclosures of health information by the Department if requested in the conduct of an insurance fraud investigation, or by a federal or state prosecuting attorney, the office of the State Police, public safety services, Department of Public Safety and Corrections, the Office of the State Inspector General, the Legislative Auditor, or the Attorney General. Effective date: July 7, 2009.

HB 351

325

Building Codes

Relates to building code enforcement; establishes a period of validity for provisional certificates of registration; provides for certificates of registration for building code enforcement officers with a specified number of years of experience. Effective date: August 15, 2009.

HB 355

11

Commercial Auto

Amends existing law which provides for an individual who takes a skills test for a Class A Commercial Driver's License in a motor vehicle other than a tractor-trailer combination with a specified gross vehicle weight to be issued a license with a restriction prohibiting the operation of a tractor-trailer combination; provides a lift for the restriction only if the individual successfully completes a skills test in a tractor-trailer combination in a power unit with a certain gross vehicle weight rating. Effective date: June 9, 2009.

HB 369

326

State Regulation

Defines kinds of insurance for purposes of the Louisiana Insurance Code. Effective date: January 1, 2010.

HB 370

33

Medical Necessity Reviews

Provides for fees for Medical Necessity Review Organization licenses and filing of annual reports; provides that such fees apply to such organizations other than health insurance insurers. Effective date: August 15, 2009.

HB 372

163

Smoke Detectors

Requires certain residential dwellings to contain a lithium battery smoke detector. Effective date: August 15, 2009.

HB 386

94

Surplus Line Brokers

Relates to fees collected by the commissioner of insurance; provides for fees for renewal of surplus lines broker licenses. Effective date: January 1, 2010.

HB 393

34

Producer Licensing

Provides for fees to be collected by the Commissioner of Insurance for review of prelicensing or continuing provider applications and for review of prelicensing or continuing education program or course applications. Effective date: August 15, 2009.

HB 404

503

State Regulation

Provides for technical recodification of the Insurance Code. Effective date: August 15, 2009.

HB 437

36

Property Insurance

Requires disclosure of separate hurricane, wind, or named-storm deductibles on homeowner's and fire insurance policies; provides that all disclosures on such policies are for informational purposes only. Effective date: January 1, 2010.

HB 442

138

Motorcycles

Transfers the Motorcycle Safety, Awareness, and Operator Training Program to Department of Public Safety and Corrections. Effective date: September 1, 2009.

HB 444

287

DUI

Provides with respect to administrative law hearings in DWI matters. Effective date: August 15, 2009.

HB 445

288

DUI

Provides with respect to penalties for refusal to submit to DWI tests. Effective date: September 1, 2009.

HB 453

371

Auto Equipment

Relates to motor vehicle windshield requirements; provides for notification to law enforcement that person with sun allergies is in a motor vehicle. Effective date: August 15, 2009.

HB 499

166

Seat Belt Usage

Requires all motor vehicle occupants who are a specified age or older to wear a seat belt. Effective date: August 15, 2009.

HB 572

332

Credit Insurance

Amends provisions which authorize persons making a loan or extension of credit to receive compensation for the referral of a customer to a loan or credit insurer; prohibits the fee from being in the form of an insurance sales commission which varies based on the amount of the premium written; requires that a customer be notified of their right to choose a provider; requires funds collected for an insurer account by a Managing General Agent to be held in a bank which is a member of the FDIC. Effective date: August 15, 2009.

HB 580

333

Homeowner’s Policy

Provides that a homeowner's insurance policy may be canceled only if notice is provided; requires that notice be provided if, at the personal request of the insured, a person is removed from a policy or substituted with another. Effective date: April 1, 2010.

HB 598

98

Financial Regulation

Requires motor vehicle mechanical breakdown and property residual value insurers to file a yearly audited financial statement with the Commissioner of Insurance. Effective date: August 15, 2009.

HB 623

335

State Regulation

Defines certificates of insurance, insurance producer, agent, broker, and solicitor; prohibits any property or casualty insurer from issuing a certificate of insurance or any other type of instrument which either affirmatively or negatively alters, amends, or extends the coverage, other than a rider, endorsement, or application attached to or made part of the policy; requires any insurer issuing such a certificate to use certain specific forms and approved by the commissioner of insurance. Effective date: August 15, 2009.

HB 636

513

Watercraft Safety

Provides for boating safety. Effective date: July 1, 2010.

HB 669

99

Third-party Administrators

Provides relative to regulation of third-party administrators by the commissioner of insurance; deletes certain insurers and adjusters from the list of exclusions from the definition of third-party administrators; provide for the confidentiality of contracts between a third-party administrator and an insurer. Effective date: August 15, 2009.

HB 671

14

Medical Malpractice

Adds nurse practitioner and clinical nurse specialist to the definition of health care provider for the purposes of the medical malpractice acts for state and private services. Effective date: August 15, 2009.

HB 704

101

Home Repair Service Contracts

Provides for regulation of home repair service contract providers by the Commissioner of Insurance; includes requirements for registration of providers; provides for application, expiration and renewal of registration; provides for required disclosures in contracts; provides for consumer cancellation; provides for recordkeeping; authorizes examination of providers by the commissioner; provides for suspension or revocation of registration. Effective date: January 1, 2010.

HB 725

147

Traffic Safety

Requires the operator of a motor vehicle to leave a safe distance between the vehicle and a bicycle when passing the bicycle; requires the placement of signs in areas frequently used by bicyclists. Effective date: August 15, 2009.

HB 729

304

Workers’ Compensation

Relates to workers' compensation for firefighters; provides for the disposition of tax money for the state fire marshal; requires workers' compensation coverage for volunteer firefighters; provides relative to payable medical benefits; provides for burial expenses; requires fire companies to furnish certain documents to the fire marshal. Effective date: July 1, 2009.

HB 761

224

Traffic Offenses

Revises certain provisions relative to driving and traffic violations. Effective date: June 1, 2009.

HB 820

435

Vehicle Salvage

Provides for improved tracking of dismantled or salvaged vehicles. Effective date: July 1, 2010.

HB 833

523

Coastal Issues

Creates the Office of Hurricane Protection, Flood Control, and Coastal Restoration in the Office of the Governor; provides for inter-relations between Governor's Office of Coastal Activities, Coastal Protection and Restoration Authority, Governor's Advisory Commission on Coastal Protection, Restoration, and Conservation, and Office of Hurricane Protection, Flood Control, and Coastal Restoration. Effective date: July 10, 2009.

HB 855

190

Traffic Safety

Relates to multilane highways; imposes certain restrictions on vehicles driving in the left-hand lane on multilane highways including a restriction regarding the speed of a vehicle traveling in a left-hand lane. Effective date: August 15, 2009.

SB 130

483

Rate Modernization

Provides for rate making by Louisiana Citizens Property Insurance Corporation. Effective date: August 15, 2009.

SB 138

234

Financial Regulation

Provides for demutualization of mutual non-life insurance holding companies. Effective date: August 15, 2009.

SB 156

485

Producer Licensing

Provides for licensing and continuing education requirements for insurance producers. Effective date: January 1, 2010.

SB 166

236

DUI

Creates the crime of operating a vehicle while under suspension for certain prior offenses; includes DWI. Effective date: July 1, 2009.

SB 177

317

State Regulation

Provides for hearings by the Department of Insurance (DOI); relates to acquisition or merger of a domestic insurer, conversion of mutual insurers and mutual insurance holding companies, ratemaking or approval of the operation of the La. Consortium of Insurance and Financial Services; authorizes local license taxes; requires quoted premiums to include all charges; relates to health insurance; authorizes public hearings regarding property and casualty insurance; includes life insurance. Effective date: August 15, 2009.

SB 187

175

Auto Equipment

Provides for medical exemptions to the window tint prohibition on motor vehicles. Effective date: August 15, 2009.

SB 193

404

Premium Assistance

Allocates excess money from the Insure Louisiana Incentive Program Fund to a program of homeowners' insurance premium assistance. Effective date: July 8, 2009.

SB 214

488

Insurance Claims

Authorizes the commissioner of insurance to extend the time period within which to process certain claims arising from a declared emergency or disaster. Effective date: August 15, 2009.

SB 218

239

Citizens Property Insurance Corporation

Authorizes Louisiana Citizens Property Insurance Corporation to write business interruption insurance. Effective date: August 15, 2009.

SB 229

349

Driver’s Licenses

Prohibits any fee to be charged for the issuance of drivers' licenses or identification cards to children in foster care. Effective date: July 1, 2009.

SB 290

250

Surplus Lines

Exempts surplus line insurers from provisions regarding co-insurance clauses. Effective date: August 15, 2009.

SB 303

254

Workers’ Compensation

Provides relative to a medical treatment schedule for workers' compensation matters. Effective date: August 15, 2009.

SB 313

408

Traffic Accidents

Prohibits coroners from attending certain motor vehicle crashes; requires that medical responders transport any victims from the scene of an accident. Effective date: August 15, 2009.