Louisiana 2013 Regular Session

Louisiana House Bill HB579

Introduced
4/8/13  
Introduced
4/8/13  
Refer
4/8/13  

Caption

Provides for a cause of action against parties responsible for an accident, disaster, or emergency

Impact

The enactment of HB 579 is significant as it modifies existing statutory provisions regarding local government rights to seek legal recourse. By establishing a clear framework for local governments to file claims against responsible parties, the bill aims to provide municipalities with better protection and support in handling emergencies or disasters. This move could enhance local governments' financial stability post-disaster, allowing them to recover associated costs more effectively and ensure that community resources are preserved.

Summary

House Bill 579 introduces a new legal provision that grants parishes, municipalities, and other political subdivisions the right to pursue a cause of action for damages incurred during accidents, disasters, or emergencies. This bill specifically allows local governments to seek recovery for various types of damages, including economic costs associated with these incidents. Furthermore, the legislation ensures that local authorities can recover reasonable attorney fees linked to the legal processes for obtaining these damages.

Sentiment

Supporters of HB 579 generally view it as a much-needed tool for local governments, seeing it as a proactive measure that will empower municipalities to hold parties accountable for damages incurred during emergencies. Advocates believe this will facilitate a fairer distribution of liability and encourage responsibility among entities that may contribute to accidents or emergencies. However, there may be concerns regarding the potential implications for other parties, such as businesses, who could face heightened liability and increased litigation as a result of this new legal avenue for local governments.

Contention

Debate surrounding HB 579 centers on its implications for liability and the responsibilities of different stakeholders during emergencies. While proponents argue that it strengthens local governance by equipping municipalities with necessary legal tools, critics may worry about overextension of liability and the associated economic impact on businesses and service providers. The concerns about the scope of the bill and its enforcement highlight a dialogue about balancing local authority with considerations for economic repercussions in disaster scenarios.

Companion Bills

No companion bills found.

Previously Filed As

LA SB222

Climate disasters: civil actions.

LA HB645

Provides relative to emergency and disaster management

LA HB138

Provides for reentry procedures following a disaster or emergency

LA HB458

Provides relative to the powers of a parish president during a declared local disaster or emergency

LA SB128

Provides for venue for direct actions by third parties against insurers. (8/1/22)

LA HB262

Provides relative to venue for direct actions by third parties against insurers

LA HB266

Provides relative to direct actions by third parties against insurers

LA HB532

Provides relative to direct actions by third parties against insurers

LA HB201

Provides relative to direct actions by third parties against insurers

LA A1259

Increases PFRS accidental disability and accidental death pension when disability or death is caused by weapon.

Similar Bills

No similar bills found.