SLS 16RS-410 ENGROSSED
2016 Regular Session
SENATE BILL NO. 151
BY SENATOR CLAITOR
DISTRICT ATTORNEYS. Repeals certain provisions declared unconstitutional that regard
attorney fees in lawsuits filed against public officials. (8/1/16)
1 AN ACT
2 To repeal R.S. 42:261(E), relative to public officials; to repeal provisions providing liability
3 for attorney fees on a party who files certain types of legal actions against a public
4 official when the party is unsuccessful; to delete provisions providing a right to the
5 defendant public official to require the plaintiff party to file a bond to cover such
6 attorney fees; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 42:261(E) is hereby repealed.
9 Section 2. The Louisiana State Law Institute is hereby directed to redesignate R.S.
10 42:261(F) through (K) as R.S. 42:261(E) through (J).
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
SB 151 Engrossed 2016 Regular Session Claitor
Present law provides that any party who files suit against any duly elected or appointed
public official of the state or of any of its agencies or political subdivisions for any matter
arising out of the performance of the duties of his office (other than matters pertaining to the
collection and payment of taxes and those cases where the plaintiff is seeking to compel the
defendant to comply with and apply the laws of this state relative to the registration of
voters), and who is unsuccessful in his demands, shall be liable to the public official for all
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 151
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attorney fees incurred by the public official in the defense of the lawsuit or lawsuits.
Provides that the attorney fees shall be fixed by the court. Provides further that the
defendant public official shall have the right, by rule, to require the plaintiff to furnish bond
as in the case of bond for costs, to cover such attorney fees before proceeding with the trial.
However, in the case of Detraz v. Fontana, 416 So.2d 1291, 1296-97 (La. 1982), the
Louisiana Supreme Court held present law to be unconstitutional.
Proposed law repeals unconstitutional provisions.
Effective August 1, 2016.
(Repeals R.S. 42:261(E))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.