Louisiana 2016 Regular Session

Louisiana Senate Bill SB151

Introduced
3/3/16  
Introduced
3/3/16  
Refer
3/3/16  
Refer
3/3/16  
Refer
3/14/16  
Refer
3/14/16  
Report Pass
3/29/16  
Report Pass
3/29/16  
Engrossed
4/4/16  
Engrossed
4/4/16  
Refer
4/5/16  
Refer
4/5/16  
Report Pass
4/27/16  
Report Pass
4/27/16  
Enrolled
5/9/16  
Enrolled
5/9/16  
Chaptered
5/19/16  
Chaptered
5/19/16  
Passed
5/19/16  

Caption

Repeals certain provisions declared unconstitutional that regard attorney fees in lawsuits filed against public officials. (8/1/16)

Impact

The repeal of these provisions is significant as it aligns with broader efforts to enhance accountability for public officials. By eliminating the requirement for plaintiffs to potentially cover attorney fees, the bill encourages citizens to pursue legal action without the fear of incurring high costs if they do not prevail. This change may lead to an increase in lawsuits against public officials, potentially affecting the conduct of these officials and contributing to greater transparency within governmental operations.

Summary

Senate Bill 151 aims to repeal certain provisions of Louisiana law that establish liability for attorney fees in lawsuits against public officials when the party filing the lawsuit is unsuccessful. Specifically, the bill removes the clause that permits public officials to require the plaintiff to post a bond for attorney fees, which could pose a financial burden on individuals seeking to hold public officials accountable. The bill reflects an attempt to lower the hurdles for legal actions against public officials by removing financial risks associated with attorney fees.

Sentiment

The sentiment surrounding SB 151 appears largely positive, particularly among advocates for public accountability and legal reform. Supporters argue that the repeal of attorney fee liability provisions can lead to greater access to justice for individuals who wish to challenge public officials' actions. However, there may be concerns expressed by public officials and their representatives regarding the potential for frivolous lawsuits or increased litigation against them, which could impact their ability to perform their duties effectively.

Contention

Notable points of contention may arise around concerns that without financial safeguards, lawsuits could become more frequent and could be utilized as tools for harassment rather than legitimate accountability. Opponents might argue that the changes could lead to a surge in unfounded legal actions against public officials, complicating their work and governance. Additionally, the move to repeal these provisions could be viewed as undermining protections for public officials that were originally put in place to deter frivolous claims.

Companion Bills

No companion bills found.

Previously Filed As

LA SB154

Repeals certain provisions relative to jury trials that were declared unconstitutional. (gov sig)

LA SB334

Repeals certain provisions of the Code of Criminal Procedure declared unconstitutional. (8/1/16)

LA SB224

Repeals provisions regarding parking violations on campus declared unconstitutional. (gov sig) (EN NO IMPACT See Note)

LA SB153

Removes certain provisions regarding prosecution of the possession of a firearm with obliterated, removed, changed or altered number or mark which were declared unconstitutional. (8/1/16)

LA SB152

Repeals provision that any person entering an alcoholic beverage outlet is deemed to consent to a search which was declared unconstitutional. (8/1/16)

LA SB369

Repeals provisions relative to administrative remedy procedures for Department of Public Safety and Corrections declared unconstitutional. (gov sig)

LA SB444

Repeals provisions relative to schools that are outdated or have been held unconstitutional. (8/15/10)

LA HB391

Relative to preventing strategic lawsuits against public participation.

LA HB1475

Relative to preventing strategic lawsuits against public participation.

LA SB156

Repeals Balanced Treatment of Creation-Science Act declared unconstitutional. (gov sig)

Similar Bills

No similar bills found.