HB 1250

ENROLLED
 2026 Regular Session
  ACT No. 343
 HOUSE BILL NO. 1250  (Substitute for House Bill No. 1099 by Representative
  McFarland)
 BY REPRESENTATIVE MCFARLAND
1AN ACT
2 To enact R.S. 9:2800.31, relative to aerospace flight activities; to provide for legislative
3intent and purpose; to provide for definitions; to provide relative to motions to strike;
4and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6Section 1. R.S. 9:2800.31 is hereby enacted to read as follows:
7§2800.31. Aerospace flight entities; motion to strike; legislative findings
8A.(1) The legislature finds and declares that aerospace flight activities are
9a public issue.
10(2) The legislature finds and further declares that aerospace flight activities
11are a sector of identified state importance as it facilitates the transport of goods or
12persons. Aerospace flight activities are licensed, regulated, and supervised by the
13Federal Aviation Administration under a comprehensive federal scheme that includes
14informed-consent and reciprocal-waiver requirements. The continued development
15of aerospace flight activities in this state advances public welfare, economic
16development, and workforce investment.
17(3) It is the intent of this legislation that claims arising from aerospace flight
18activities be capable of early resolution without the imposition of discovery costs or
19other litigation expenses that would unreasonably burden lawfully licensed aerospace
20flight entities and the public entities that facilitate their operations.
21B. For purposes of this Section, the following definitions apply:
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 HB NO. 1250  ENROLLED
1(1) "Aerospace flight activities" mean any act or activity related to the
2research, development, testing, manufacture, preparation, launch, operation, reentry,
3descent, landing, or post-landing recovery of an aeronautic or astronautic launch
4vehicle, craft, payload, or related equipment, including but not limited to, fueling,
5integration, conditioning, and transporting, including but not limited to the transport
6of goods or persons, and any associated ground support operations whether
7conducted on-site or involving overflight.
8(2) "Aerospace flight entity" means any person, corporation, partnership,
9limited liability company, or any other entity that conducts aerospace flight activities
10and, to the extent required by federal law, holds or operates anywhere under a valid
11Federal Aviation Administration license, experimental permit, or other authorization
12for the relevant activities requiring such a license. This also includes any employee,
13officer, director, agent, contractor, manufacturer, supplier, or vendor of such entity,
14any owner or lessor of immovable property used for aerospace flight activities, and
15any political subdivision or public entity with a contractual or operational
16relationship facilitating such activities.
17C.(1) A cause of action against an aerospace flight entity arising from any
18act of the aerospace flight entity in connection with a public issue shall be subject to
19a special motion to strike, unless the court determines that the plaintiff has
20established a probability of success on the claim.
21(2) In making its determination, the court shall consider the pleadings and
22supporting and opposing affidavits stating the facts upon which the liability or
23defense is based.
24(3) If the court determines that the plaintiff has established a probability of
25success on the claim, that determination shall be admissible in evidence at any later
26stage of the proceeding.
27D. In any action subject to Subsection C of this Section, a prevailing party
28on a special motion to strike shall be awarded reasonable attorney fees and costs.
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 HB NO. 1250  ENROLLED
1E.(1) The special motion to strike may be filed within ninety days of service
2of the petition, or in the court's discretion, at any later time upon terms the court
3deems proper.
4(2) If the plaintiff voluntarily dismisses the action prior to the running of the
5delays for filing an answer, the aerospace flight entity shall retain the right to file a
6special motion to strike within the delays provided by Paragraph (1) of this
7Subsection, 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
9service unless the docket conditions of the court require a later hearing.
10F. All discovery proceedings in the action shall be stayed upon the filing of
11a notice of motion made pursuant to this Section. The stay of discovery shall remain
12in effect until notice of entry of the order ruling on the motion. Notwithstanding the
13provisions of this Section, the court, on noticed motion and for good cause shown,
14may order that specified discovery be conducted.
15G. This Section does not apply to any enforcement action brought on behalf
16of this state by the attorney general, district attorney, or city attorney acting as a
17public prosecutor.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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