Louisiana 2013 Regular Session

Louisiana House Bill HB381

Introduced
4/8/13  

Caption

Provides relative to the Louisiana Governmental Claims Act

Impact

The implications of HB 381 potentially alter how judgments and settlements are processed under state law, especially regarding the intersection of governmental liability and employee protection. By ensuring that personal property cannot be seized, this bill may encourage a notice of accountability within public institutions while preventing undue hardship on individual employees during legal proceedings. The governing authorities are also granted a degree of autonomy in negotiating underlying claims against them, thereby streamlining the resolution process.

Summary

House Bill 381 aims to amend the Louisiana Governmental Claims Act, specifically providing limitations on liability for governmental employees. The proposed changes dictate that if an employee of a political subdivision is found to be acting within the scope of their employment, their personal property shall not be subject to seizure in the event of a judgment against them. This establishes a clear guideline that aims to protect the personal financial interests of government employees while reinforcing the responsibilities of political subdivisions in indemnifying their workers.

Sentiment

The sentiment surrounding HB 381 appears to be supportive among groups concerned with government employee rights, particularly those advocating for public servants' welfare. Advocates argue that the liability limitations are crucial for protecting employees performing their duties under potentially risky conditions. However, there may also be concerns from taxpayers about the implications of governmental financial responsibility and whether it presents a lack of accountability for employee misconduct or negligence.

Contention

A notable point of contention revolves around the balance between protecting government employees' assets and ensuring accountability for their actions. Critics may argue that the bill could shield employees from the consequences of their misconduct by making it harder for citizens to claim damages. The provisions to allow settlements without court action could spark debates about transparency and public trust in how government entities handle claims against them. Thus, the bill encapsulates a broader discussion on the accountability of public entities while balancing employee security.

Companion Bills

No companion bills found.

Previously Filed As

LA HB1077

Provides relative to the La. Governmental Claims Act

LA SB352

Provides for the Louisiana False Claims Act. (8/1/16) (OR SEE FISC NOTE SD EX See Note)

LA HB1007

Provides relative to the La. Governmental Claims Act

LA SB327

Provides for Louisiana False Claims Act. (8/1/16) (EG SEE FISC NOTE SD EX See Note)

LA SB268

Provides for the creation of the Louisiana Insurance Guaranty Association Law. (gov sig)

LA SR158

Urges and requests the Louisiana State Law Institute to study and recommend legislation relative to the Louisiana Governmental Claims Act.

LA SR174

Authorizes and directs the Louisiana State Law Institute to study and recommend legislation relative to the Louisiana Governmental Claims Act.

LA HB834

Authorizes temporary deferral of court costs by certain governmental parties and agents and provides for the collection of such deferred costs (EN INCREASE SG EX See Note)

LA SB230

Creates the Tax Court to replace the Louisiana Board of Tax Appeals and expands its jurisdiction to local tax matters. (gov sig)

LA SB262

Provides for the Louisiana Board of Emergency Medical Services. (7/1/13) (RE -$251,678 GF EX See Note)

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