The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Ben Huxen.
DIGEST
SB 136 Original 2016 Regular Session Ward
Present law provides that no payment of attorney fees shall be made out of state funds in the absence
of express statutory authority, except such payment of attorney fees as may be approved by the Joint
Legislative Committee on the Budget during the interim between legislative sessions.
Proposed law eliminates that requirement and provides that the litigation subcommittee of the Joint
Legislative Committee on the Budget can approve such fees at any time.
Present law provides that the attorney general, or any state agency, board, or commission, not
including any public postsecondary education institution, cannot incur fees for legal services in
excess of the greater of (1) $500 per hour per person or (2) the maximum rate approved by the
Attorney Fee Review Board.
Proposed law changes the limitation to $1,000 per hour per person.
Present law exempts the proceeds of court-awarded judgments and settlements involving the
Department of Natural Resources as specified in R.S. 30:136.3(B)(1) and any judgments,
settlements, or recoveries which are designated for credit to the Hazardous Waste Site Cleanup Fund,
the Environmental Trust Fund, or any other funds administered by the Department of Environmental
Quality under the Environmental Quality Act from being deposited into the Department of Justice
Legal Support Fund.
Proposed law repeals present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 42:262(B) and (D) and R.S. 49:259(A) and (C)(2); repeals R.S. 49:259(D))