LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SB 29 SLS 201ES 212
Bill Text Version: ORIGINAL
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 17, 2020 8:20 AM Author: MCMATH
Dept./Agy.: ORM/OGB/Attorney General/Supreme Court
Subject: Jury threshold/medical payments/evidence Analyst: Rebecca Robinson
LIABILITY OR SEE FISC NOTE GF EX Page 1 of 2
Provides relative to certain civil actions, civil liability, damages, and procedures. (1/1/21)
Legislation proposes to amend the civil jury threshold from $50,000 to $25,000, except for a suit for damages that exceeds
$10,000 may be tried by a jury if the party requests a jury trial and posts a cash deposit of $20,000 no later than 60 days
after making the request. Further provides that in a case where a claimant’s medical expenses have been paid by a health
insurance issuer to a contracted health care provider, the recovery of the medical expenses so paid is limited to 1.25 times
the amount actually paid to the health care provider, or the amount actually billed, whichever is less. For all medical
expenses not paid by the health insurance issuer, the claimant may recover the medical expenses billed and paid, or that are
owed. Whether any person has paid or agreed to pay for any of claimant’s medical expenses may not be disclosed to a jury.
Proposed law also repeals R.S. 32:295.1(E) in its entirety. The repeal will allow the failure to wear a safety belt to be used
as evidence of comparative negligence in lawsuits concerning motor vehicle accidents. Effective January 1, 2021.
EXPENDITURES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
There will be an indeterminable impact to the Office of Risk Management (ORM), the Louisiana Supreme Court (LSC), and
the Attorney General (AG), and the Office of Group Benefits (OGB) as a result of the proposed legislation.
ORM reports an indeterminable impact associated with the lowering of the jury threshold as it is unknown whether this would
lead to an increase or decrease in jury trials; and/or an increase or decrease in settlements. ORM indicates that the
prevailing opinion is that defendants experience a greater opportunity for a fair trial before a jury. Thus, the expansion of
the availability of jury trials may lead to more settlement of cases involving significant injuries, possibly lowering the
expenditures of ORM. However, the lowering of the jury threshold could lead to an increase in jury trials actually conducted,
which would increase the expenditures of ORM due to increased attorney’s fees and associated litigation costs. Therefore,
any expenditure increase or decrease to ORM is indeterminable at this time.
There will be an indeterminable impact to ORM for potential and future claim payments related to motor vehicle accidents.
ORM could not provide the number of pending cases involving safety belts by the time of this writing. The number of claims
involving safety belt usage which may be filed in the future is also unknown. The proposed legislation would allow a party
involved in a motor vehicle claim/lawsuit to present evidence of the injured person’s failure to wear a safety belt in a motor
vehicle accident as a contributory factor in the injuries suffered by the injured person. Such evidence may reduce the
damages paid to an injured person. However, the proposed legislation does not require that the failure to wear a safety belt
be admitted into evidence. Judges will still have the discretion over which evidence is presented to the trier of fact.
Therefore, any expenditure decrease is indeterminable. LSU’s Office of Risk Management and local governmental agencies
will experience the same indeterminable impact.
Continued on Page 2
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Evan Brasseaux
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director
 LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SB 29 SLS 201ES 212
Bill Text Version: ORIGINAL
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 17, 2020 8:20 AM Author: MCMATH
Dept./Agy.: ORM/OGB/Attorney General/Supreme Court
Subject: Jury threshold/medical payments/evidence Analyst: Rebecca Robinson
CONTINUED EXPLANATION from page one: Page 2 of 2
The AG’s office reports there will be an increase in expenditures as a result of the lowering of the jury threshold.
The AG indicates that virtually all of their cases would be eligible for a jury trial. The AG anticipates needing an additional 9
attorneys, 9 paralegals, with associated operating expenses and acquisitions for an annual total of $1.8M (1 attorney and 1
paralegal for each of the satellite offices,and 4 attorneys and 4 paralegals for each subject matter area in the main office).It
is unknown how may cases will actually qualify for a jury trial; how many cases will actually go to trial and the extent to
which it increases the AG’s workload. The LFO recognizes a potential workload adjustment for the AG; however, the LFO is
unable to substantiate the level of resources needed by the AG’s office.
Based on information received from the LSC, district judges anticipate the lowered jury trial threshold will result in increased
requests for jury trials, which are docketed in a limited manner. As a result, the increased demand for jury trials may lead
to a delay in trials and backlogged dockets, potentially necessitating more judgeships which would require funding via the
SGF. However, because the extent to which there will be additional trials as a result of the proposed law is indeterminable,
the overall effect it will have on dockets, and the prospective need for additional judgeships is similarly indeterminable.
There will be an indeterminable impact to OGB as a result of the proposed changes to the collateral source rule. In CY19,
OGB had 926 subrogation cases; the total amount paid in claims was $5.7M and the total amount recovered through
subrogation was $3.7M (65%). OGB anticipates that it will be more difficult to settle subrogation cases if the legislation
limits the amount recovered for medical bills. There will be less room for negotiation and it is likely to reduce the amount
recoverable by OGB.
Note: The proposed legislation requires that a cash deposit be made no later than 60 days after the request for trial by jury.
To the extent a cash deposit is different from a jury bond, from which the state is exempt, there will be an increase in
expenditures to the state in order to pay a cash deposit. The amount of cash deposits paid is indeterminable as it is
unknown how many jury trials the state may request.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Evan Brasseaux
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director


Statutes affected:
SB29 Original: 32:1(E)