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ACT No. 3432026 Regular Session
HOUSE BILL NO. 1250 (Substitute for House Bill No. 1099 by Representative
McFarland)
BY REPRESENTATIVE MCFARLAND
1 AN ACT
2 To enact R.S. 9:2800.31, relative to aerospace flight activities; to provide for legislative
3 intent and purpose; to provide for definitions; to provide relative to motions to strike;
4 and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:2800.31 is hereby enacted to read as follows:
7 §2800.31. Aerospace flight entities; motion to strike; legislative findings
8 A.(1) The legislature finds and declares that aerospace flight activities are
9 a public issue.
10 (2) The legislature finds and further declares that aerospace flight activities
11 are a sector of identified state importance as it facilitates the transport of goods or
12 persons. Aerospace flight activities are licensed, regulated, and supervised by the
13 Federal Aviation Administration under a comprehensive federal scheme that includes
14 informed-consent and reciprocal-waiver requirements. The continued development
15 of aerospace flight activities in this state advances public welfare, economic
16 development, and workforce investment.
17 (3) It is the intent of this legislation that claims arising from aerospace flight
18 activities be capable of early resolution without the imposition of discovery costs or
19 other litigation expenses that would unreasonably burden lawfully licensed aerospace
20 flight entities and the public entities that facilitate their operations.
21 B. For purposes of this Section, the following definitions apply:
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1 (1) "Aerospace flight activities" mean any act or activity related to the
2 research, development, testing, manufacture, preparation, launch, operation, reentry,
3 descent, landing, or post-landing recovery of an aeronautic or astronautic launch
4 vehicle, craft, payload, or related equipment, including but not limited to, fueling,
5 integration, conditioning, and transporting, including but not limited to the transport
6 of goods or persons, and any associated ground support operations whether
7 conducted on-site or involving overflight.
8 (2) "Aerospace flight entity" means any person, corporation, partnership,
9 limited liability company, or any other entity that conducts aerospace flight activities
10 and, to the extent required by federal law, holds or operates anywhere under a valid
11 Federal Aviation Administration license, experimental permit, or other authorization
12 for the relevant activities requiring such a license. This also includes any employee,
13 officer, director, agent, contractor, manufacturer, supplier, or vendor of such entity,
14 any owner or lessor of immovable property used for aerospace flight activities, and
15 any political subdivision or public entity with a contractual or operational
16 relationship facilitating such activities.
17 C.(1) A cause of action against an aerospace flight entity arising from any
18 act of the aerospace flight entity in connection with a public issue shall be subject to
19 a special motion to strike, unless the court determines that the plaintiff has
20 established a probability of success on the claim.
21 (2) In making its determination, the court shall consider the pleadings and
22 supporting and opposing affidavits stating the facts upon which the liability or
23 defense is based.
24 (3) If the court determines that the plaintiff has established a probability of
25 success on the claim, that determination shall be admissible in evidence at any later
26 stage of the proceeding.
27 D. In any action subject to Subsection C of this Section, a prevailing party
28 on a special motion to strike shall be awarded reasonable attorney fees and costs.
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1 E.(1) The special motion to strike may be filed within ninety days of service
2 of the petition, or in the court's discretion, at any later time upon terms the court
3 deems proper.
4 (2) If the plaintiff voluntarily dismisses the action prior to the running of the
5 delays for filing an answer, the aerospace flight entity shall retain the right to file a
6 special motion to strike within the delays provided by Paragraph (1) of this
7 Subsection, and the motion shall be heard pursuant to the provisions of this Section.
8 (3) The motion shall be noticed for hearing not more than thirty days after
9 service unless the docket conditions of the court require a later hearing.
10 F. All discovery proceedings in the action shall be stayed upon the filing of
11 a notice of motion made pursuant to this Section. The stay of discovery shall remain
12 in effect until notice of entry of the order ruling on the motion. Notwithstanding the
13 provisions of this Section, the court, on noticed motion and for good cause shown,
14 may order that specified discovery be conducted.
15 G. This Section does not apply to any enforcement action brought on behalf
16 of this state by the attorney general, district attorney, or city attorney acting as a
17 public prosecutor.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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