SLS 201ES-185 REENGROSSED
2020 First Extraordinary Session
SENATE CONCURRENT RESOL UTION NO. 14
BY SENATOR ROBERT MILLS
LIABILITY. Suspends certain provisions of law relative to safety belt evidence. (Item #40)
1 A CONCURRENT RESOL UTION
2 To suspend until sixty days after final adjournment of the 2021 Regular Session of the
3 Legislature of Louisiana R.S. 32:295.1(E) relative to the exclusion of evidence of
4 failure to wear a safety belt.
5 WHEREAS, Article III, Section 20 of the Constitution of Louisiana provides that
6 only the legislature may suspend a law; and
7 WHEREAS, R.S. 32:295.1(E) provides that in actions to recover damages arising out
8 of the ownership, common maintenance, or operation of a motor vehicle, failure to wear a
9 safety belt is not admissible evidence of comparative negligence or to mitigate damages; and
10 WHEREAS, substantial revisions to R.S. 32:295.1(E) are required in order to achieve
11 the goals of the Legislature of Louisiana concerning tort reform and lowering motor vehicle
12 insurance premiums; and
13 WHEREAS, the purpose of this Resolution is to allow the Legislature of Louisiana
14 additional opportunity to make necessary revisions to R.S. 32:295.1(E).
15 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
16 the provisions of R.S. 32:295.1(E).
17 BE IT FURTHER RESOLVED that this Resolution shall become effective if, and
18 only if, neither the Act which originated as House Bill No. 57 of the 2020 First
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SLS 201ES-185 REENGROSSED
1 Extraordinary Session or the Act which originated as Senate Bill No. 9 of the 2020 First
2 Extraordinary Session is enacted or if both are vetoed.
3 BE IT FURTHER RESOLVED that, if and only if neither House Bill No. 57 of the
4 2020 First Extraordinary Session or the Act which originated as Senate Bill No. 9 of the
5 2020 First Extraordinary Session is enacted or if both are vetoed, this Resolution shall
6 become effective on August 1, 2020, and shall extend through the sixtieth day after final
7 adjournment of the 2021 Regular Session of the Legislature of Louisiana.
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
SCR 14 Reengrossed 2020 First Extraordinary Session Robert Mills
Proposed resolution suspends R.S. 32:295.1(E) through the 60th day following the 2021
Regular Session. Present law provides that the failure to wear a safety belt in violation of
present law shall not be admitted to mitigate damages in any action to recover damages
arising out of the ownership, common maintenance, or operation of a motor vehicle, and the
failure to wear a safety belt in violation of present law shall not be considered evidence of
comparative negligence or to mitigate damages.
Proposed resolution further provides that it shall become effective on August 1, 2020, if and
only if neither the Act which originated as House Bill No. 57 of the 2020 First Extraordinary
Session or the Act which originated as Senate Bill No. 9 of the 2020 First Extraordinary
Session is enacted or if both are vetoed.
(Suspends R.S. 32:295.1(E))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Revised effective date language.
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