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 Jeanne
C. Johnston.
DIGEST
SB 471 Engrossed 2020 Regular Session Robert Mills
Present law provides that the commissioner of the Department of Agriculture and Forestry has
certain powers and duties related to the promotion and regulation of agriculture and forestry.
Proposed law maintains present law but provides that the commissioner also has the duty and
authority to protect, advance, and promote conservation of the La. timber industry.
Proposed law further provides that the commissioner will implement the provisions of the La.
Timber Transportation and Safety Act provided for in proposed law.
Proposed law provides for legislative intent as follow:
(1)Timber has traditionally been a cornerstone of rural La., where logging and wood products
companies are often the largest employers in rural towns. In many rural parishes, the forestry
sector represents the largest part of the economic base.
(2)The preservation and maintenance of a viable timber industry is critical to the well-being of
the economy of rural La.
Proposed law provides for the following definitions:
(1)"Board" means the La. Timber Transportation and Safety Oversight Board.
(2)"Claimant" means a plaintiff or a person who is injured in an accident with a commercial
vehicle owned or operated by a defendant timber transportation operator or who has a tort
claim against a defendant timber transportation operator.
(3)"Commissioner" means the commissioner of the Department of Agriculture and Forestry,
unless otherwise stated.
(4)"Medical care and related benefits" means all reasonable medical, surgical, hospitalization,
physical rehabilitation, medications, prosthetic devices, and other similar materials
reasonably necessary in the provision of such services which is due the claimant as a result
of a compensable injury incurred in an auto accident with a timber transportation vehicle but
does not include non-essential specialty items or devices of convenience.
(5)"Timber transportation operator" means a person who owns or operates a timber
transportation vehicle that transports timber to a timber processing facility. (6)"Timber transportation vehicle" means a commercial vehicle used to collect and transport
timber.
Proposed law provides that in order for a timber transportation operator to be qualified and
authorized to participate in the fund, he will meet all of the following conditions:
(1)Provide to the commissioner of insurance coverage or, if self-insured, proof of financial
responsibility, in an amount no less than $500,000, plus extra coverage in amount determined
by the commissioner, in consultation with the board, to be reasonable to provide insurance
coverage for the claimant's lost wages and medical expenses.
(2)Pay the surcharge assessed by the commissioner on all qualified timber transportation
operators which is set by the commissioner in consultation with the board.
(3)Meet the safety requirements qualifications for the timber transportation operators and meet
the vehicle requirements for participation in the fund that are proposed by the board and
promulgated by the commissioner.
Proposed law provides that, notwithstanding anything to the contrary, no action for damages which
occurs on or after January 1, 2021, may be maintained against a qualified timber transportation
operator except as provided for in proposed law. Proposed law further provides that, the provisions
of proposed law will serve as exclusive remedy for any actions related to damages in tort or for any
injury associated with a timber transportation vehicle operated by a timber transportation operator
who is qualified pursuant to proposed law.
Proposed law provides that coverage under proposed law will apply and will be effective as it relates
to a qualified timber transportation operator upon acceptance of proof of insurance coverage or
financial responsibility by the commissioner; however, the effective date and time will be that date
and time that the insurer accepts payment of the surcharge.
Proposed law provides that the total amount recoverable for all general damages for personal injury
claims for injuries to or death of an injured person, exclusive of medical care and lost wages, will
not exceed $500,000 plus interest and cost.
Proposed law provides that a timber transportation operator qualified under proposed law is not
liable for general damages in an amount in excess of $500,000 plus interest and costs thereon
accruing on or after January 1, 2021, for all general damages claims because of injuries to or death
of any one claimant. Proposed law further provides that the sole cost for which a qualified timber
transportation operator qualified under proposed law may be assessed by a trial court will be limited
to the claimant's cost incurred prior to the rendering of a final judgment against the timber
transportation operator, after a trial on a liability claim, and subject to any settlement offer made
pursuant to proposed law.
Proposed law provides that financial responsibility of a qualified timber transportation operator may
be established only by filing with the commissioner proof that he is insured by a policy of automobile liability insurance in the amount of at least $500,000 per person per claim plus whatever
additional coverage amount is determined by the board as reasonable to cover the risk associated
with medical expenses and lost wages provided for in proposed law. Proposed law further provides
in the event that the insured is self-insured, proof of financial responsibility takes place by depositing
with the board whatever amount is necessary to provide coverage for medical expenses and lost
wages and $500,000 in money or represented by irrevocable letters of credit, federally insured
certificates of deposit, bonds, securities, cash values of insurance, or any other security approved by
the commissioner. In the event any portion of said amount is seized pursuant to the judicial process,
the self-insured healthcare provider will have five days to deposit with the board the amounts so
seized. The timber transporter operator's failure to timely post said amounts with the board will
terminate his enrollment in the La. Timber Transportation and Safety Fund.
Proposed law provides that, in addition to awards for general damages for which the defendant is
liable, the claimant is entitled to receive medical expenses and related benefits and lost wages as
provided for in proposed law.
Proposed law provides that, as it relates to awards for medical expenses which are due and owing
the claimant, the following will apply:
(1)Reductions in medical bills based upon the write-offs or write-downs by insurance
companies or Medicare are not collateral sources and are not recoverable as damages in civil
litigation. In cases where a claimant's medical expenses have been paid by a health insurance
company or Medicare, the claimant's recovery of medical expenses is limited to the amount
actually paid to the healthcare provider by the insurer or Medicare, and not the amount billed.
(2)In cases where a claimant's medical expenses are paid pursuant to the Workers'
Compensation Law as provided in present law, a claimant's recovery of medical expenses is
limited to the amount payable under the medical payments fee schedule of the Workers'
Compensation Law. If a claimant chooses not to submit medical expenses for payment
pursuant to the Workers' Compensation Law, and the medical expenses were eligible for
payment under the Workers' Compensation Law, then the claimant's recovery of damages for
medical expenses is limited to the amount that would have been payable had the medical
expenses been submitted for payment under the provisions of the Workers' Compensation
Law.
(3)In an action for damages where a person suffers injury, death, or loss, the court may receive
evidence concerning any amount which has been paid or contributed as of the date it enters
judgment, by or on behalf of, the claimant or members of his immediate family to secure his
right to any private insurance benefit which he has received as a result of such injury or
death.
Proposed law provides that lost wages will include only actual lost wages which are owed but were
not paid by the employer to the claimant and will not include sick leave days or other compensatory
leave where the claimant was actually paid by his employer. Proposed law further provides that any
future lost wages award will not include possible bonuses or other speculative enhancements to wages.
Proposed law provides that, payments for future medical care and related benefits and future lost
wages may be paid, at the option of the insurer, through an annuity or other security device which
makes monthly payment to the claimant and such annuity or security device will be approved by the
court.
Proposed law provides that nothing in proposed law will be construed to prevent a claimant and
insurer from entering into a settlement agreement whereby future medical care and related benefits
and future lost wages will be provided for a limited period of time only or to a limited degree.
Proposed law provides that, the claimant may employ an attorney to represent him with regard to the
provisions of proposed law; however, attorney fees of the attorney who renders services to a claimant
for such services may not exceed 20% of the amount recovered and such fees will be approved by
a court of competent jurisdiction and proper venue.
Proposed law provides that all funds collected pursuant to the provisions of proposed law will be
considered self-generated revenues, promptly deposited into a fund designated as the "La. Timber
Transportation and Safety Fund".
Proposed law provides for the La. Timber Transportation and Safety Oversight Board, established
and authorized pursuant to proposed law. Neither the fund nor the board will be a budget unit of the
state. The assets of the fund will not be state property, subject to appropriation by the legislature, or
required to be deposited in the state treasury. The state recognizes and acknowledges that the fund
and any income from it are not public monies, but rather are private monies which will be held in
trust as a private custodial fund by the board for the use, benefit, and protection of the timber
industry, and all of such funds and income earned from investing the private monies comprising the
corpus of this fund will be subject to use and disposition only as provided by proposed law.
Proposed law provides that the La. Timber Transportation and Safety Fund may invest, any portion
of the private monies comprising the corpus of the fund, as determined by the board. The board may
enter into a cooperative endeavor agreement whereby the state treasurer may be authorized to invest
a portion of the private monies comprising the corpus of the fund, as determined by the board. If the
board decides to invest the monies, it will do so in accordance with the prudent-man rule requiring
each board member acting collectively on behalf of the board to act with the care, skill, prudence,
and diligence under the circumstances prevailing that a prudent institutional investor acting in a like
capacity and familiar with such matters would use in the conduct of an enterprise of a like character
and with like aims.
Proposed law provides that the fund will be exempt from participation in and will not join or
contribute financially to or be entitled to the protection of any plan, pool, association, or guaranty
fund or insolvency fund.
Proposed law provides that neither the fund nor the board may rely on the full faith and credit of this
state for payment of legal obligations. Proposed law provides that, in the event the fund is dissolved or liquidated, any remaining balance
after all amounts due under proposed law are paid and all amounts due any other person for
administrative or operating expenses have been paid from the fund, will be returned in a pro rata
amount to the participants in the fund.
Proposed law provides that to provide monies for the fund, an annual surcharge will be levied on all
La. timber transportation operators qualified under proposed law in an amount set by the
commissioner after consultation with the board. Proposed law further provides that the board will
cause to be prepared an annual actuarial study of the fund by a qualified competent actuary. Proposed
law provides that the surcharge rates will be determined by the commissioner based upon actuarial
principles and reports, experience, and prudent judgment after consultation with the board. Proposed
law requires the board to give written or electronic notice of any board meeting held to develop
recommendations regarding surcharge rates. Requires the meeting notice to be issued at least 15 days
prior to the meeting and provide an opportunity for public comment at the meeting before
recommending surcharge rates to the commissioner.
Proposed law provides that such surcharge will be due and payable to the fund within 30 days after
the premiums for automobile liability insurance have been received by the insurer, agent of the
insurer, risk manager, self-insured fund, or surplus line agent from the timber transportation operator.
Proposed law provides that it will be the duty of the insurer, agent of the insurer, self- insured fund,
risk manager, or surplus line agent to remit the surcharge to the fund within 30 days of the date of
payment by the timber transportation operator. Failure of the insurer, agent of the insurer, self-
insured fund, risk manager, or surplus line agent to remit payment within 30 days may subject the
insurer, agent of the insurer, self-insured fund, risk manager, or surplus line agent to a penalty, the
amount of which will be set by the commissioner on an annual basis, not to exceed a total of 12%
of the annual surcharge. Upon the failure of the insurer, agent of the insurer, self-insured fund, risk
manager, or surplus line agent to remit as provided herein, the board is authorized to institute legal
proceedings if necessary to collect the surcharge, any penalty amount to be assessed, legal interest,
and all reasonable attorney fees.
Proposed law provides that all expenses of collecting, protecting, and administering the fund will
be paid from the fund.
Proposed law provides that, if the annual surcharge is not paid within the 30-day time period, upon
written notice of such nonpayment given by the board concurrently to the commissioner of insurance
and the insurer, risk manager, self-insured fund, or surplus line agent, the certificate of authority of
the insurer, self-insured fund, risk manager, or surplus line agent will be suspended until the annual
surcharge is paid.
Proposed law provides that the functions of collecting, administering, and protecting the fund,
including all matters relating to recommending surcharge rates, the evaluating and settlement of
claims, and relating to the defense of the fund, will be carried out by the board.
Proposed law provides that all liability claims for damages against a qualified timber transportation operator covered by proposed law, other than claims validly agreed for submission to a lawfully
binding arbitration procedure, will be submitted for mediation as provided for in proposed law.
Proposed law provides that a request for mediation will contain, at a minimum, all of the following:
(1)A request for a mediator.
(2)The name of the claimant for whom, or on whose behalf, the request for mediation is being
filed.
(3)The names of the defendant timber transportation operator and his insurer, if it is known.
(4)The date of the alleged accident or incident.
(5)A brief description of the alleged accident or incident.
(6)A brief description of the alleged injuries.
Proposed law provides that a claimant will have 45 days from the date of receipt by the claimant of
the confirmation of receipt of the request for mediation to pay to the commissioner a filing fee in an
amount set by the commissioner, not to exceed $100, per named defendant qualified under proposed
law and the commissioner will promptly deposit the fees into the fund. Proposed law, however,
provides that the filing fee may be waived upon receipt of an in forma pauperis order issued in
accordance with present law by a district court in a venue in which the claim for damages could
properly be brought upon the conclusion of the mediation process.
Proposed law provides that failure to pay the filing fee or provide an in forma pauperis order
within the 45-day time frame will render the request for mediation invalid and without effect. Such
an invalid request for review of a claim will not suspend time within which suit must be instituted
under proposed law.
Proposed law provides that all funds generated by the filing fees will be private monies and will be
applied by the board to the costs incurred by the commissioner in administering the claims process.
Proposed law provides that the filing of the request for a mediation of claim will suspend the time
within which suit must be instituted, in accordance with proposed law until 90 days following
notification, by certified mail, to the claimant or his attorney of the issuance of the certificate of
completed mediation, in the case of those timber transportation operators covered by proposed law.
In the case of a timber transportation operator against who is not qualified under proposed law, the
suit must be filed within 90 days following notification by certified mail to the claimant or his
attorney by the commissioner that the timber transportation operator is not covered by proposed law.
Proposed law provides that filing a request for mediation of a claim will suspend the running of
prescription against all joint and solidary obligors, and all joint tortfeasors, including but not limited
to the same extent that prescription is suspended against the party or parties that are the subject of the request for mediation.
Proposed law provides that filing a request for mediation with any state or local agency or entity
other than the commissioner of agriculture and forestry will not suspend or interrupt the running of
prescription.
Proposed law provides that the request for mediation of a claim under proposed law will be deemed
filed on the date the request is:
(1)Sent, if the request is electronically sent by facsimile transmission to the commissioner.
(2)Mailed, if the request is delivered by certified or registered mail to the commissioner.
(3)Received, if the request is delivered to the commissioner by any other means.
(4)Upon receipt, the request will be stamped with the filing date and certified by the
commissioner. The request will only be deemed filed if the filing fee or the in forma pauperis
order is timely filed.
Proposed law provides that a mediator will be appointed within one year from the date the request
for mediation of claim was filed.
Proposed law provides that it will be the duty of the commissioner within 15 days of the receipt of
the claim to:
(1)Confirm to the claimant by certified mail, return receipt requested, that the filing has been
officially received and whether or not the named defendant or defendants have qualified
under proposed law and notify the claimant of the amount of the filing fee due and the time
frame within which such fee is due to the commissioner, and that upon failure to pay the
filing fee or file an in forma pauperis order, the request for mediation of a claim is invalid
and without effect and that the request will not suspend the time within which suit must be
instituted.
(2)Notify all named defendants by certified mail, return receipt requested, whether or not
qualified under proposed law, that a filing has been made against them and request made for
mediation of the claim and forward a copy of the proposed complaint to each named
defendant at his last and usual place of residence or his office.
Proposed law provides that the commissioner will notify the claimant and all named defendants by
certified mail, return receipt requested, of any of the following information:
(1)The date of receipt of the filing fee.
(2)That no filing was due because the claimant timely provided the order of in forma pauperis. (3)That the claimant filed an order of in forma pauperis in lieu of the filing fee.
(4) That the required filing fee was not timely paid.
Proposed law provides that, in the event that the commissioner is unable to determine after 45 days
from the date of mailing of the notification, whether notification by certified mail, return receipt
requested, has been received by the claimant, or the notification is not claimed or is returned
undeliverable, the commissioner will provide such notification by regular first class mail, which date
of mailing will have the effect of receipt of notice by certified mail.
Proposed law provides that, in the event the commissioner receives a filing fee that was not timely
paid, then the commissioner will return or refund the amount of the filing fee to the claimant within
30 days of the date the commissioner received the untimely filing fee.
Proposed law provides that no action against a timber transportation operator covered by proposed
law, or his insurer, may be commenced in any court before the claimant's proposed complaint has
been presented to the commissioner for mediation before a mediator selected pursuant to proposed
law. Proposed law provides that a certificate of completion issued by the commissioner will be
admitted in evidence in all applicable proceedings.
Proposed law provides that, with respect to an auto accident which occurs with a timber
transportation vehicle on or after January 1, 2021, if a mediation is not conducted within 12 months
after the date of notification of the selection of the mediator, suit may be instituted against a timber
transportation operator. Proposed law provides, however, that any party may petition a court of
competent jurisdiction for an order extending the 12-month period for good cause shown or the
parties may all agree to extend the 12-month period deadline for an additional amount of time. After
the 12-month period, any court-ordered extension, or any agreed to extension, the mediation
established to mediate the claimant's complaint will be dissolved without the necessity of obtaining
a court order of dissolution.
Proposed law provides that, by agreement of all parties, the use of the mediation may be waived.
Proposed law provides that a timber transportation operator against whom a claim has been filed may
raise peremptory exceptions pursuant to present law in a court of competent jurisdiction and proper
venue at any time without need for completion of the mediation process. Proposed law provides that,
if the court finds that the claim had prescribed or otherwise was preempted prior to being filed, the
mediation will be dissolved upon the judgment becoming final. If the court grants a the peremptory
exception of no right of action as to all claimants, the mediation will be dissolved upon the judgment
becoming final. Proposed law further provides that, if the court grants the peremptory exception to
fewer than all claimants, the claimants as to whom the court granted the peremptory exception of no
right of action will be prohibited from participating in the process as a claimant.
Proposed law provides that a claimant may file a motion for summary judgment on the issue of
liability pursuant to present law without need for completion of the mediation process. Proposed law
further provides that, if the claimant seeks a ruling from the court regarding the issue of liability, the defendant timber transportation operator, or his insurer, may petition the court for a ruling on the
percentage of fault for which the defendant is liable.
Proposed law provides that 90 days after the notification to all parties by certified mail by the
commissioner or 90 days after the expiration of any court-ordered extension or agreement for an
extension, the suspension of the running of prescription with respect to a qualified timber
transportation operator will cease.
Proposed law provides that the parties will submit to mediation with a mediator at a place and time
agreeable to the parties.
Proposed law provides that the mediator will be qualified to engage in alternative dispute resolution
pursuant to present law. The parties may agree on the mediator.
Proposed law provides that, if no attorney for or representative of any timber transportation operator
named in the complaint has made an appearance in the proceedings or made written contact with the
attorney for the claimant within 45 days of the date of receipt of the notification to the timber
transportation operators or the insurer that the required filing fee has been received by the
commissioner, the attorney for the claimant may file suit against the timber transportation operator.
Proposed law provides that, if no agreement can be reached, then the mediator will be selected in the
following manner:
(1)The commissioner will contact the La. State Bar Association, Alternative Dispute Resolution
Section, for a list of five names at random from the list of attorneys who are on the approved
register for mediators and who reside or maintain an office in the parish which would be the
proper venue for the action in a court of law. If five mediators cannot be found in the parish
of proper venue, then a request will be made for all the parishes surrounding the parish of
proper venue. Once the selection of the attorney names has been determined, the La. State
Bar Association, Alternative Dispute Resolution Section will notify the commissioner of the
names so selected.
(2)The commissioner will notify the parties of the attorney names from which the parties may
choose the mediator within five days. If no agreement can be reached within five days, the
parties will immediately initiate a procedure of selecting the mediator by each striking two
names alternately, with the claimant striking first and advising the timber transportation
operator of the name of the attorney so stricken; thereafter, the claimant will alternately strike
until both sides have stricken two names and the remaining name will be the mediator.
Proposed law provides that, if the claimant fails to participate in the striking process, the defendant
may file a rule to show cause in a court of competent jurisdiction why the claimant's case should not
be dismissed with prejudice for failure to participate in good faith with the mediation process.
Proposed law also provides that, if the defendant fails to participate in the striking process, the
mediation proceeding will be dissolved and the claimant may file suit against the defendant in court. Proposed law provides that, after the striking, the commissioner will notify the attorney and all other
parties of the name of the selected mediator.
Proposed law provides that the mediator will establish a reasonable schedule for submission of
evidence but must allow sufficient time for the parties to make full and adequate presentation of
related facts to the mediator and to the other parties.
Proposed law provides that anyone who is aggrieved by the alleged failure or refusal of another to
perform according to the provisions of proposed law may petition any district court of proper venue
over the parties for an order directing that the parties comply with the provisions of proposed law.
Proposed law provides that the evidence to be presented to the mediator will be promptly submitted
by the respective parties in written form only. Proposed law further provides that the evidence may
consist of the accident report, any medical evidence, medical charts, x-rays, lab tests, excerpts of
treatises, depositions of witnesses including parties, interrogatories, affidavits, reports of experts,
evidence of lost wages, and a position paper submitted by or on behalf of each party.
Proposed law provides that depositions of the parties and witnesses may be taken prior to the
convening of the mediation. Proposed law further provides that, upon request of any party, the clerk
of any district court will issue subpoenas and subpoenas duces tecum in aid of the taking of
depositions and the production of documentary evidence for inspection and/or copying.
Proposed law provides that either party, after submission of all evidence and upon 10 days' notice
to the other side, will have the right to convene the mediation at a time and place agreeable to the
parties and the mediators.
Proposed law provides that the mediator's sole duty is to assist the parties in amicably resolving their
disputes without litigation. Proposed law further provides that the mediator will be subject to the
standards of conduct of mediators provided for in present law.
Proposed law provides that the mediator's fee will be no greater than the applicable hourly fees set
by the attorney general maximum hourly rate schedule which is applicable to attorneys who perform
duties for state agencies.
Proposed law provides that once the mediation is completed, the commissioner will issue a
certificate of a completed mediation.
Proposed law provides that legal interest will accrue from the date of filing of the complaint with
the commissioner on a judgment rendered by a court in a suit for damages brought after compliance
with proposed law.
Proposed law provides that no party may petition a court for a second order extending the additional
extension period and if a mediation does not take place within the 12-month period or any extension
ordered by the court, suit may be instituted against the timber transportation operator. Proposed law provides that, after the twelve-month period or the extension, the mediation will be
dissolved without the necessity of obtaining a court order of dissolution.
Proposed law provides that 90 days after the notification to all parties by certified mail by the
commissioner of the dissolution of the mediation, the suspension of the running of prescription with
respect to a qualified timber transportation operator will cease.
Proposed law provides that the expenses of the mediation are provided for from the fund.
Proposed law provides for an expedited mediation process where, by agreement of all parties and
upon written request to the commissioner, an expedited mediation may be implemented. Proposed
law, as it relates to an expedited mediation, provides as follows:
(1)Within 30 days of the parties' written request for an expedited mediation, the claimant will
provide all defendants with a list of the names and addresses of all known health care
providers, including individuals and entities, who have treated the patient before and after
the date of the alleged accident to and including the date that the list is provided. The
claimant will execute and provide all defendants with a HIPAA Compliant Authorization
form to permit the defendants to obtain the medical records or receive a court order to protect
the records.
(2)If an authorization is not provided or a protective order is not obtained within 30 days
following the written request by the parties to the commissioner for an expedited mediation
process, the mediation will lose its expedited status.
(3)The evidence to be considered at the mediation will be promptly submitted by the respective
parties in written form only, according to the schedule established by the mediator. The
evidence may consist only of the accident report, medical charts, x-rays or other film studies,
lab tests, other diagnostic or medical tests, evidence of lost wages, and a position paper
submitted by or on behalf of each party.
(4)Neither interrogatories to nor depositions of the parties and witnesses may be taken prior to
the convening of the expedited mediation.
(5)The mediator, after submission of all evidence and upon 10 days notice, will convene the
parties for a mediation at a time and place agreeable to the parties, but in no event will the
mediation be conducted later than 12 months from the date of notification of the selection
of the mediator by the commissioner and all other parties.
Proposed law provides that, if no agreement to settle the case has been reached at the end of the
mediation, any party may, without any admission of liability, serve upon an adverse party an offer
of settlement for the purpose of settling all of the claims between them. The offer will be in writing
and state the total amount of money of the settlement offer and specify whether that amount is
inclusive or exclusive of costs, interest, attorney fees, and any other amount which may be awarded
pursuant to statute or rule. The offer will be witnessed in writing by the mediator. Proposed law provides that, unless accepted, a settlement offer will remain confidential between the
offeror and offeree. Proposed law further provides that, if the adverse party does not accept the offer
at the mediation, the offer of settlement will be deemed withdrawn and evidence of the settlement
offer will not be admissible except in a proceeding to determine costs in court.
Proposed law provides that, if the judgment obtained by the claimant-offeree in court is no greater
than the amount of the settlement offer made by the defendant-offeror or if the final judgment
obtained against the defendant-offeree is no greater than the amount of the settlement offer made by
the claimant-offeror, the offeree must pay the offeror's costs, including attorney fees, incurred after
the mediation in which the settlement offer was made, as fixed by the court.
Proposed law provides that the fact that an offer is made but not accepted does not preclude a
subsequent offer or a counter offer. When the liability of one party to another has been determined
by verdict, order, or judgment, but the amount or extent of the damages remains to be determined
by future proceedings, either party may make a settlement offer, which will have the same effect as
an offer made at mediation if it is served within a reasonable time not less than 30 days before the
start of hearings to determine the amount or extent of damages.
Proposed law establishes the La. Timber Transportation and Safety Oversight Board within the office
of the commissioner. The board has the following powers and duties:
(1)To advise the commissioner as to the surcharge on timber transportation operator after
conducting a public hearing.
(2)Perform all necessary duties and obligations assigned to the board pursuant to proposed law.
(3)To manage the investments of the La. Timber Transportation and Safety Fund.
(4)To establish safety training programs in cooperation with the La. Community and Technical
College System and other educational entities for propose of training timber transportation
operators. Such safety programs will be operated for the following purposes:
(a)To improve the driving and safety skills of the operator, thereby reducing the number
of accidents involving timber transportation vehicles.
(b)To mitigate the severity of auto accidents involving timber transportation operators.
Proposed law provides that the La. Timber Transportation and Safety Oversight Board will
consist of the following members:
(1)The commissioner or his designee, who will serve as chairman of the board.
(2)The chairman of the La. Forestry Commission or his designee.
(3)One member will be an actuary who is appointed by the commissioner of the Department of Insurance.
(4)One member will be appointed by the La. Forestry Association.
(5)One member will be appointed by the La. Logger's Association.
(6)One member will be appointed by the Independent Insurance Agents & Brokers of La.
(7)One member will be appointed by the American Property and Casualty Insurance
Association.
(8)One representative from the La. House of Representatives appointed by the speaker.
(9)One senator from the La. Senate appointed by the president.
(10)One member will be appointed by the president of the La. Community and Technical College
System from among his staff with expertise in safety education programs for commercial
vehicles who will serve in an advisory capacity to the board and be a non-voting member.
(11) One member will be appointed by the chairman of the Senate Committee on Agriculture,
Forestry, Aquaculture, and Rural Development.
(12)One member will be appointed by the chairman of the House Committee on Agriculture,
Forestry, Aquaculture, and Rural Development.
Proposed law provides that the board will meet annually, or more often if called to meet by the
chairman, or on petition to the chairman by four members of the board and the meetings will take
place at the offices of the commissioner or elsewhere as the board may elect from time to time.
Proposed law provides that the board members will receive no salary or per diem, but will be
reimbursed for actual and reasonable expenses incurred in attendance upon meetings or other works
undertaken at the direction of the board.
Proposed law provides that the board will meet and make recommendations to the commissioner and
the commissioner will promulgate rules regarding the qualifications and requirements for timber
transportation operators to participate in the fund related to their respective timber transportation
vehicles. Those qualifications and requirements will include the following:
(1)Educational qualifications for timber transportation operators related to defensive driving
courses or safety educational programs.
(2)Requirements for certain equipment to be installed on timber transportation vehicles which
will include the following:
(a)Global satellite positioning equipment. (b)Cameras.
(c)Scales which weigh the load of timber being transported.
(d)Mandatory hands-free devices for cell phone use.
Proposed law provides that the board shall advise the commissioner of the Dept. of Agriculture and
Forestry as it relates to the requirements for the amount coverage that is reasonable and actuarially
sound for providing coverage for lost wages and medical expenses. The amount of medical expense
and lost wage coverages shall be in an amount that is determined by the commissioner of agriculture
and is deemed actuarially sound by the commissioner of the Dept. of Insurance
Proposed law provides that the La. Forestry Association or the La. Logger's Association, either
together or separately, may establish a self-insured fund for the purpose of providing liability
insurance by making application to and fulfilling the requirements set forth by the commissioner of
the Dept. of Insurance in order to provide coverage for timber transportation operators who would
thereby meet the financial responsibility requirements set forth in proposed law.
Proposed law provides that the La. Forestry Association or the La. Logger's Association may
negotiate with a commercial liability insurer or insurers in order to offer favorable premium rates
to their members in order for those members to meet the financial responsibility requirements set
forth in proposed law.
Effective August 1, 2020.
(Adds R.S. 3:21 and R.S. 3:4331 through 4341)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill
1. Adds one member to the La. Timber Transportation and Safety Oversight Board
appointed by the chairman of the Senate Committee on Agriculture, Forestry,
Aquaculture, and Rural Development.
2. Adds one member to the La. Timber Transportation and Safety Oversight Board
appointed by the chairman of the House Committee on Agriculture, Forestry,
Aquaculture, and Rural Development.
3. Provides for technical corrections.