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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1077
BY REPRESENTATIVE WESLEY BISHOP
LIABILITY/CIVIL: Provides relative to the La. Governmental Claims Act
AN ACT1
To amend and reenact R.S. 13:5109(C) and to enact R.S. 13:5109(B)(3) and (D), relative to2
the Louisiana Governmental Claims Act; to provide with respect to liability of3
certain employees and covered individuals; to provide for limitations; to prohibit4
seizure of property in certain circumstances; to provide for limitation on the5
prohibition; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:5109(C) is hereby amended and reenacted and R.S. 13:5109(B)(3)8
and (D) are hereby enacted to read as follows: 9
ยง5109. Authority to compromise; judgment; notice of judgment; payments ; seizure10
of property prohibited11
* * *12
B.13
* * *14
(3) If a covered individual, as defined by R.S. 13:5108.1(E), or employee of15
a political subdivision is found, through judgment or stipulation, to have been acting16
within the course and scope of his office or employment and performing legitimate17
duties of his office or employment rendering the political subdivision vicariously18
liable for his conduct, the property of the covered individual or employee shall not19
be subject to seizure in the event a judgment is rendered against the covered20
individual or employee. Any such judgment rendered against the covered individual21 HLS 12RS-1499 ENGROSSED
HB NO. 1077
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are additions.
or employee of a political subdivision shall be exigible, payable, and paid only out1
of funds appropriated for that purpose by the governing authority of that political2
subdivision.3
C.(1) The governing authority of a parish or municipality, upon the advice4
and the concurrence of the district attorney, parish attorney, or city attorney of that5
parish or municipality or proper official as the case may be, may compromise or6
settle any claim against that parish or municipality without the necessity for the filing7
of a suit against the parish or municipality in the matter. Any such compromise8
settlement shall be exigible, payable, and paid only out of funds appropriated for that9
purpose by the governing authority of that parish or municipality. No claim in10
excess of ten thousand dollars may be compromised or settled as provided herein11
before ten days have elapsed after the publication of such proposed compromise or12
settlement in the official journal of the appropriate political subdivision.13
(2) If a political subdivision enters into a compromise settlement wherein it14
accepts vicarious liability for a covered individual or employee acting within the15
course and scope of his office or employment and performing legitimate duties of his16
office or employment, the property of the covered individual or employee shall not17
be subject to seizure. Any such compromise settlement which includes the covered18
individual or employee of a political subdivision shall be exigible, payable, and paid19
only out of funds appropriated for that purpose by the governing authority of that20
political subdivision.21
D. The provisions of Paragraphs (B)(3) and (C)(2) of this Section shall not22
apply if the injury, death, loss, or damage was caused by the gross negligence or23
willful or wanton misconduct of the covered individual or employee.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 12RS-1499 ENGROSSED
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Wesley Bishop HB No. 1077
Abstract: Provides for a limitation of liability under the La. Governmental Claims Act for
governmental employees by prohibiting seizure of property under certain
circumstances.
Present law provides that under the La. Governmental Claims Act, any judgment or
settlement against the state, state agency, or political subdivision, or their officers and
employees, shall be payable only out of funds appropriated for that purpose by the
legislature or political subdivision.
Proposed law retains present law and provides that if a covered individual or employee of
a political subdivision is found to have been acting within the course and scope of his
employment through judgment or by compromise and settlement, the property of that
covered individual or employee shall not be subject to seizure, unless the injury, death, loss,
or damage was caused by the gross negligence or willful or wanton misconduct of the
covered individual or employee.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:5109(C); Adds R.S. 13:5109(B)(3) and (D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Deleted the term "personal" with regard to property of the covered individual or
employee.
2. Added that the limitation shall not apply if the injury, death, loss, or damage was
caused by the gross negligence or willful or wanton misconduct of the covered
individual or employee.