SLS 16RS-439 REENGROSSED
2016 Regular Session
SENATE BILL NO. 462
BY SENATOR WARD
CIVIL PROCEDURE. Provides relative to the state or a state agency as a party plaintiff.
(gov sig)
1 AN ACT
2 To enact R.S. 13:3420, relative to courts and judicial procedure; to provide relative to the
3 state or a state entity as a party plaintiff; to provide relative to the running of
4 prescription; to provide certain terms, procedures, conditions, requirements and
5 effects; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:3420 is hereby enacted to read as follows:
8 ยง3420. State, state departments, agencies, or offices as a party plaintiff;
9 prescription
10 In any civil matter where a department, agency, or office of the state is
11 a plaintiff seeking monetary damages or any other remedy, prescription shall
12 not run against the department, agency, or office of the state, regardless of
13 whether the department, agency, or office of the state has been statutorily
14 authorized to sue and be sued in its own name, and regardless of whether the
15 department, agency, or office of the state is a body politic or corporate entity.
16 Section 2. This Act shall become effective upon signature by the governor or, if not
17 signed by the governor, upon expiration of the time for bills to become law without signature
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 462
SLS 16RS-439 REENGROSSED
1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
2 vetoed by the governor and subsequently approved by the legislature, this Act shall become
3 effective on the day following such approval.
The original instrument was prepared by Benjamin A. Huxen, II. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Linda Nugent.
DIGEST
SB 462 Reengrossed 2016 Regular Session Ward
Present law provides that prescription shall not run against the state in any civil matter,
unless otherwise provided in the constitution or expressly by law. Present law further
provides that if a particular state department, agency, or office, is a body politic and
corporate and is given the power to sue and be sued, it cannot claim the constitutional
immunity from prescription, since it could not be characterized as the state for that purpose.
Proposed law provides that, in any civil matter where a department, agency, or office of the
state is a plaintiff seeking monetary damages or any other remedy, prescription shall not run
against the department, agency, or office of the state, regardless of whether the department,
agency, or office of the state has been statutorily authorized to sue and be sued in its own
name, and regardless of whether the department, agency, or office of the state is a body
politic or corporate entity.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 13:3420)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Revised language relative to standing and prescription.
2. Deleted provision that required that, to the extent a political subdivision of
the state, including but not limited to a state board, commission, or a levee
district, asserts an action on behalf of the state where it is asserted that the
state is the real party in interest, the attorney general must approve the action
prior to the filing of the matter.
Senate Floor Amendments to engrossed bill
1. Removes the retroactive applicability.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.