Provides relative to the domicile of certain juridical persons
Impact
The proposed changes could have significant implications for the way laws are applied to out-of-state businesses. By establishing that these juridical entities are considered domiciled in Louisiana for purposes of tort obligations, the bill aims to hold them accountable under state laws. This could enhance consumer protections and increase the legal recourse available to individuals harmed by the actions of these entities, potentially leading to greater compliance with Louisiana regulations among businesses operating within its borders.
Summary
House Bill 779 aims to amend the Louisiana Civil Code by modifying the rules governing the domicile of certain juridical persons, specifically those that are incorporated outside of Louisiana but conduct business within the state. The bill states that any juridical person engaged in business in Louisiana and incurring delictual or quasi-delictual obligations as a result of that business will be deemed a domiciliary of Louisiana, regardless of the existing domicile rules stipulated in the Civil Code. This change is intended to clarify the legal standing of out-of-state businesses operating in Louisiana.
Sentiment
The sentiment surrounding HB 779 reflects both support and concern among legislators and stakeholders. Proponents argue that the bill provides necessary protections for Louisiana consumers and ensures that out-of-state businesses are subject to equivalent legal standards as local entities. However, critics raise concerns that this could deter businesses from expanding operations in Louisiana due to increased liability risks, and they query the fairness of imposing Louisiana law on entities that have not established a formal domicile in the state.
Contention
Discussions about HB 779 have highlighted legal and economic considerations, particularly regarding how the bill could affect business operations and liability exposure. Supporters believe that by treating out-of-state businesses as residents for legal purposes, the bill enables better enforcement of laws designed to protect consumers. Detractors, however, warn that this could lead to unintended consequences, including business reluctance to engage in Louisiana markets, impacting overall economic growth.
Provides for parental authority of married persons, obligations of children, parents, and other ascendants, and provisional custody by mandate. (1/1/16) (EN NO IMPACT See Note)