Latest news with #HouseBill436
Yahoo
23-04-2025
- Automotive
- Yahoo
Louisiana auto insurance proposals include limits on ‘unauthorized alien' lawsuits
In their efforts to reduce auto insurance rates in Louisiana, state lawmakers advanced several bills Tuesday that seek to rein in personal injury lawsuits – including a measure to limit people hurt in wrecks who aren't legal U.S. citizens from suing. House Bill 436, sponsored by Rep. Gabe Firment, R-Pollock, cleared the House Committee on Civil Law and Procedure without objection. It would prohibit 'unauthorized aliens' — defined in the measure as individuals illegally in the United States under federal immigration law — from receiving general damages stemming from auto accidents. General damages include compensation for pain and suffering, but the proposal would still allow recovery for 'special damages,' such as medical expenses and property damage. Firment, an insurance consultant, said the purpose of his bill is to help address the state's auto insurance crisis while discouraging illegal immigration. Rep. Nicholas Muscarello, R-Hammond, questioned the constitutionality of the legislation, pointing out the state could be meddling in federal immigration law. Muscarello practices civil law and is the lead criminal prosecutor for two municipalities in Tangipahoa Parish. 'The Supreme Court said that we can't enforce alien laws. That would be a federal position,' Muscarello said. 'So it might be something we could look at because there might be some constitutional issues.' Firment said his bill, which moves next to the House floor, is very narrowly focused and believes it would pass constitutional scrutiny. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Another proposal, House Bill 439, sponsored by Rep. Troy Hebert, R-Lafayette, aims to limit the amount of money lawyers can make from lawsuits. It would limit contingency fees, the money a lawyer makes only if they win a case, to 10% on the first $15,000 in damages. Any amounts beyond that would not be regulated. While presenting his bill to the committee, Hebert revealed his personal motivation for the proposal. He said his daughter was involved in a minor accident that he said resulted in almost no property damage. According to Hebert, the other driver voiced no complaints on the scene and was uninjured, yet she sued his insurer a year later. The driver sought injury damages totaling $15,000, the minimum bodily injury coverage required for auto insurance policies in Louisiana. 'Excuse my language, but I am pissed about this,' Hebert said. Hebert, a real estate professional, said he tried to convince his insurer to fight the lawsuit, but ultimately it chose to pay $15,000 to settle the case. Hebert said a limit on legal fees would discourage lawyers from pushing to get quick settlements from insurance companies, but his proposal raised concerns with some lawmakers. Rep. Ed Larvadain, D-Alexandria, who is a lawyer, said auto injury cases take more work than just mailing out demand letters to insurance companies. Personal injury attorneys have to interview witnesses, consult with doctors and schedule property damage adjusters, he said. Rep. Lauren Ventrella, R-Greenwell Springs, is also an attorney who handles auto accident claims. She said she doesn't like the idea of the government fixing the prices of goods and services, though she ultimately voted in favor of Hebert's bill. 'My concern is this is an overstep with regards to free market economy,' Ventrella said. The measure cleared the committee in a 10-2 vote along party lines with Larvadain and Rep. Sylvia Taylor, D-LaPlace, who is a retired judge, opposed the bill. The committee also gave its approval to a proposal that puts a ceiling on lawsuit damages in all personal injury cases, including auto accidents. House Bill 435, sponsored by Rep. Peter Egan, R-Covington, advanced in a 10-2 vote with the same two Democrats opposed. 'I'm trying to lower rates in Louisiana,' said Egan, a health care company founder. 'I don't know if this is the bill that does it.' Egan's bill would cap general damage awards at $5 million, which Muscarello pointed out is already the maximum payout on commercial auto policies million in Louisiana. Insurance companies won't pay any more than that regardless of how much a jury awards a plaintiff, he said. Lawmakers heard testimony in support of Egan's bill from Mark Younger, who runs a produce farm in Addis. Younger said his farm was sued after one of his drivers was involved in a minor fender bender with no apparent injuries. His insurance costs became so high that he now uses an out-of-state trucking company, which Younger said pays lower insurance premiums, to deliver his products. 'It's like we're hiring one wing of the mafia to protect us from another wing of the mafia – the Louisiana State Bar,' Younger said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
19-02-2025
- Politics
- Yahoo
Should Georgia Promise Scholarship Act be repealed, expanded? Democrats, Republicans clash
The Brief Rep. Floyd Griffin (D-Milledgeville) is sponsoring House Bill 436, which would repeal the Georgia Promise Scholarship Act. More than 400 public schools statewide are eligible for the school voucher program, which provides a scholarship of $6,500 to pay for private school tuition or home school expenses. Critics say it does more harm than good. Senate Republicans have introduced legislation to expand the program. ATLANTA - Some parents of Georgia school children who attend low performing public schools in Georgia will soon begin applying for school vouchers to help them pay for private school. A Democratic state lawmaker wants to repeal the law. Senate Republicans want to expand the program. What we know The Georgia Promise Scholarship is a program that provides a school voucher worth $6,500 to the families of children who attend underperforming public schools in Georgia. State officials released a list of more than 400 eligible schools, including more than 30 Atlanta Public Schools, more than 40 schools in DeKalb County, 22 in Clayton County, 16 in Gwinnett County, 9 in Fulton County and 8 in Cobb County. RELATED: School list released for Georgia Promise Scholarship program Big picture view State Rep. Floyd Griffin (D-Milledgeville) is sponsoring House Bill 436. HB 436 would repeal the Georgia Promise Scholarship Act, which was signed into law last year. Critics say the program has been fraught with delays and unforeseen challenges, and disproportionately affects children in rural and urban school districts who can't afford private school, and lack transportation. What they're saying "Why should we be funding private schools? It's only going to help those individuals who can pay the additional funds to go to school," Rep. Griffin told reporters Tuesday. The other side Meanwhile, Lt. Gov. Burt Jones and Republicans in the Senate want to expand the program. State Sen. Greg Dolezal (R-Cumming) has introduced Senate Bill 152, which would expand eligibility for the Georgia Promise Scholarship to biological and adoptive children of foster parents. "We worked very hard to create opportunities for children and parents in this state," Jones told FOX 5. "If you are in a failing public school system you ought to be able to, to be given the opportunity to, take a voucher and find a place that's more suited for your child." The Source FOX 5 Atlanta Deidra Dukes spoke to Rep. Floyd Griffin (D-Milledgeville), Lt. Gov. Burt Jones and Sen. Greg Dolezal (R-Cumming) about the program, House Bill 436 and Senate Bill 152.
