Louisiana 2022 Regular Session

Louisiana Senate Bill SB402

Introduced
3/28/22  
Introduced
3/28/22  
Refer
3/29/22  
Refer
3/29/22  
Refer
4/4/22  
Report Pass
5/4/22  
Report Pass
5/4/22  
Engrossed
5/10/22  
Engrossed
5/10/22  
Refer
5/11/22  
Refer
5/11/22  
Report Pass
5/12/22  
Enrolled
6/6/22  
Enrolled
6/6/22  
Chaptered
6/18/22  
Chaptered
6/18/22  
Passed
6/18/22  

Caption

Provides for special masters in certain civil actions arising within a parish included in a major disaster declaration. (gov sig)

Impact

The bill's provisions suggest a structured approach to managing the complexities of civil cases following major disasters. By formalizing the role of special masters, the legislation aims to streamline the judicial processes involved in disaster recovery, particularly for insurance claims and related civil actions. The amendments extend the responsibilities of special masters, enabling them to facilitate mediation processes, which could expedite the resolution of disputes and potentially lessen the burden on the courts that handle numerous disaster-related cases.

Summary

Senate Bill 402, introduced by Senator Abraham, seeks to amend and reenact provisions regarding the role of special masters in civil actions related to major disaster areas. The bill outlines the appointment, duties, powers, and compensation of special masters, specifically in the context of proceedings for cases arising from disaster declarations. A significant aspect of this bill is its provision allowing parties to opt-out of orders issued by special masters after January 1, 2022, thus providing greater flexibility in managing civil cases during such critical times.

Sentiment

Overall, the sentiment around SB 402 appears to be positive, particularly among those who advocate for efficient disaster recovery processes. Supporters argue that the involvement of special masters will lead to more effective handling of cases and better outcomes for all parties affected by disasters. However, there may be some concerns regarding the extent of their authority and the implications for due process, especially if opt-out mechanisms are perceived to limit the rights of certain parties in the judicial process.

Contention

Notable points of contention surrounding the bill include the potential impact on existing judicial procedures and the rights of parties involved in disaster-related cases. Critics may argue that the opt-out provisions could undermine the authority of special masters by allowing parties to bypass orders, which could complicate the resolution of disputes. Additionally, there may be discussions around the balance of power between courts and appointed special masters, particularly in terms of who ultimately has jurisdiction over disaster-related claims. Ensuring that the bill respects the rights of all involved while also facilitating effective disaster recovery will be a key aspect of its implementation.

Companion Bills

No companion bills found.

Previously Filed As

LA HB386

Provides relative to appointment of special masters in certain civil actions arising within a parish included in a major disaster declaration (EN SEE FISC NOTE GF EX See Note)

LA SB175

Provides for a deduction for certain casualty losses arising from a major disaster. (gov sig) (EG DECREASE GF RV See Note)

LA SB239

Provides for the creation of an "Innovation Park Development District" within certain parishes. (gov sig) (OR SEE FISC NOTE LF EX)

LA HB623

Provides relative to special masters

LA SB412

Authorizes creation of special districts within certain cities and provides for the governance and the powers and duties of the district, including tax increment finance authority. (gov sig)

LA SB222

Climate disasters: civil actions.

LA SB425

Provides for the creation of special service districts by parishes and municipalities, and for the raising of revenues by such special service districts. (gov sig) (REF NO IMPACT LF See Note)

LA HB661

Provides that state buildings are not subject to declarations of disaster or emergency declared by parish or municipal officials

LA HB1012

Provides relative to a special taxing district in Jefferson Parish

LA HB664

Provides for hearings arising out of matters involving the Louisiana Insurance Code

Similar Bills

No similar bills found.