HLS 14RS-1137 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 874
BY REPRESENTATIVE STUART BISHOP
LEGISLATIVE OVERSIGHT: Requires an annual report to the legislature regarding
litigation instituted by a state agency
AN ACT1
To enact R.S. 36:8.1, relative to reporting requirements of various state agencies of the2
executive branch; to require an annual report to the legislature of all civil, legal3
actions filed by an agency; to provide for the content of such reports; to provide4
exceptions thereto; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 36:8.1 is hereby enacted to read as follows: 7
ยง8.1. Litigation oversight; reports to the legislature8
A.(1) The head of each agency shall make and publish an annual report to9
the legislature containing a list of all civil actions brought in a court of law by the10
agency as a named party plaintiff.11
(2) The Attorney General shall make and publish an annual report to the12
legislature containing a list of all civil actions brought in a court of law by the State13
of Louisiana as a named party plaintiff.14
B. Such report shall include all cases instituted, pending, or concluded15
during the preceding calendar year and shall:16
(1) Contain the name of all party plaintiffs and all named party defendants17
as it appears on the pleadings, the court which has jurisdiction over the matter, the18
docket number, the cause of action being averred, and the relief being sought.19
(2) Indicate the current status of the case, including whether the case has20
been heard on the merits, whether there is a final judgment therein and, if so, an21 HLS 14RS-1137 ORIGINAL
HB NO. 874
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
indication if the final judgment was determined on a procedural or substantive issue,1
whether the case has settled prior to any final judgment, and whether an appeal has2
been taken and, if so, if that appeal was initiated by the agency.3
(3) List of the name or names of all outside counsel representing the agency4
and the monetary agreement between the agency or the attorney general on behalf5
of the agency, including the hourly rate of pay for the attorney or attorneys and para-6
professionals or the percentage of compensation or commission.7
C.(1) One week before the convening of each annual legislative session, a8
copy of the report shall be submitted by the head of each agency and the attorney9
general to the presiding officer of each house of the legislature and shall also be10
submitted in accordance with the provisions of R.S. 24:772.11
(2) The presiding officer shall refer the report to the appropriate committee12
having jurisdiction of the subject matter as provided in the rules of the respective13
house, and any legislative committee which receives a report may conduct a hearing14
thereon.15
D. The provisions of this Section shall apply to any civil action filed by16
agencies of the following:17
(1) Department of Agriculture and Forestry.18
(2) Department of State Civil Service.19
(3) Department of Economic Development.20
(4) Department of Education.21
(5) Department of Children and Family Services, except cases brought22
pursuant to the Children's Code and Title 46 of the Louisiana Revised Statutes of23
1950.24
(6) Department of Culture, Recreation and Tourism.25
(7) Department of Environmental Quality.26
(8) Department of Health and Hospitals, except Medicaid fraud and recovery27
cases.28
(9) Department of Insurance.29 HLS 14RS-1137 ORIGINAL
HB NO. 874
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(10) Department of Justice.1
(11) Department of Natural Resources.2
(12) Department of Public Safety and Corrections, except cases involving3
the Motor Vehicle Safety Responsibility Law.4
(13) Department of Public Service.5
(14) Department of State.6
(15) Department of Transportation and Development.7
(16) Department of the Treasury.8
(17) Department of Veterans Affairs.9
(18) Department of Revenue, except those cases brought to collect less than10
ten thousand dollars of state taxes owed.11
(19) Department of Wildlife and Fisheries, except cases brought for class12
one violations under the provisions of R.S. 56:31.13
(20) Louisiana Workforce Commission, except cases involving recovery of14
unemployment insurance payments and worker's compensation fraud.15
(21) Office of the governor, including the division of administration.16
E. As used in this Section, the following words and phrases have the17
following meanings ascribed to them unless the context clearly indicates otherwise:18
(1) "Civil action" means any suit, action, or cause instituted in a court of law,19
exclusive of criminal matters, matters that come before an administrative law judge,20
matters involving interstate compacts, actions to make executory a judgment of any21
adjudicatory body of this state, or an action brought pursuant to the Enforcement of22
Foreign Judgments Act.23
(2) "Head of each agency" means the department secretary or chief24
administrative officer of each department of the executive branch.25
(3) "Outside counsel" means any attorney, other than in-house counsel, who26
is being or has been paid by any agency or who is entitled to or potentially entitled27
to compensation or a commission as a result of the legal proceeding. For purposes28
of this Paragraph, "in-house counsel" means any attorney employed by an agency,29 HLS 14RS-1137 ORIGINAL
HB NO. 874
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
including the Department of Justice, who is eligible to participate in the Louisiana1
State Employees' Retirement System by virtue of such employment.2
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)]
Stuart Bishop HB No. 874
Abstract: Requires state agencies to provide an annual report to the legislature of all civil
lawsuits initiated by the agency.
Proposed law institutes a litigation reporting requirement for all state agencies.
More specifically, proposed law requires the head of each agency to make and publish an
annual report to the legislature containing a list of all civil actions wherein the agency is a
plaintiff in the lawsuit. Proposed law also requires the Attorney General to make and
publish an annual report to the legislature containing a list of all civil actions initiated by the
State of Louisiana. "Civil action" is defined in proposed law as any suit, action, or cause
instituted in a court of law, exclusive of criminal matters, matters before an administrative
law judge, matters involving interstate compacts, and actions to recognize judgments.
Proposed law requires the reports to cover all lawsuits instituted, pending, or concluded
during the preceding calendar year. Proposed law requires the reports to contain the
following:
(1)The name of all plaintiffs and defendants, the court and docket number, the cause of
action, and the relief sought.
(2)The current status of the case, including whether the case has been heard, whether
there is a final judgment therein, whether the case has settled, and whether an appeal
has been taken.
(3)The names of all outside counsel representing the agency and the monetary
agreement with the agency.
Proposed law generally applies to civil actions filed by state agencies listed in proposed law
but provides exceptions for the following types of matters: lawsuit brought pursuant to the
Louisiana Children's Code; Medicaid fraud and recovery cases; cases involving the Motor
Vehicle Safety Responsibility Law (compulsory motor vehicle insurance); cases brought by
the Dept. of Revenue to collect less than $10,000 of state taxes owed; cases brought for
wildlife and fisheries' class one violations; and, cases involving recovery of unemployment
insurance payments and worker's compensation fraud.
Proposed law requires the report to be submitted to the legislature one week before the
convening of each annual legislative session.
(Adds R.S. 36:8.1)