Louisiana 2018 Regular Session

Louisiana Senate Bill SB390

Introduced
3/2/18  
Refer
3/2/18  
Refer
3/2/18  
Refer
3/12/18  
Report Pass
3/13/18  

Caption

Provides for the order of payment of judgments and compromises against the state, subject to funding. (gov sig) (EGF INCREASE SD EX See Note)

Impact

The bill fundamentally changes how Louisiana handles financial transactions related to legal judgments, prioritizing payments according to specified limits. By establishing a clear hierarchy, SB 390 helps ensure that smaller judgments are paid more swiftly, potentially easing the financial burden on plaintiffs affected by state actions. The inclusion of stipulations such as the five percent contribution from the liable agency adds a layer of accountability. One notable aspect of the bill is the authority granted to the Joint Legislative Committee on the Budget to adjust payment order on a case-by-case basis, which introduces an element of flexibility to the payment system.

Summary

Senate Bill 390, introduced by Senator Claitor, addresses the payment order of judgments and compromises against the state of Louisiana. The bill stipulates that all payments shall be made solely from appropriated funds as decided by the legislature, particularly in cases where such payments cannot be covered by the existing Self-Insurance Fund. The proposed legislation includes detailed criteria for prioritizing different types of lawsuits based on their monetary value, securing that older cases are settled first within each category. This systematic approach aims to streamline payments and increase efficiency within the state's handling of financial obligations resulting from legal judgments.

Sentiment

The sentiment surrounding SB 390 appears to be mixed. Supporters argue that the bill creates much-needed clarity and efficiency in the state’s financial obligations related to lawsuits. They believe it is a positive step toward managing state liabilities responsibly. However, opposition voices raise concerns over the implications of tightly controlling how and when state debts from legal judgments are paid, worrying that this might lead to delays or complications in addressing significant claims. Critics of the bill may feel that while it attempts to organize payments, it could inadvertently limit timely justice for certain parties affected by state actions.

Contention

Notable points of contention include the potential impact on individuals and organizations pursuing claims against the state, particularly those with larger judgments. Critics are concerned that the prioritization of smaller claims may lead to a backlog in addressing larger claims, particularly in cases related to significant damages or public interest. Additionally, the ability of the Joint Legislative Committee on the Budget to alter the order of payments introduces an element of political influence that can be contentious, as it could allow for potential manipulation of the order based on legislative priorities rather than fairness and urgency of claims.

Companion Bills

No companion bills found.

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