DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 515 Reengrossed 2019 Regular Session Garofalo
Abstract: Provides relative to the provision of a defense for defendants in suits against the state,
state officials, and employees; specifies who is an official, officer, or employee of the state;
and provides for the delays for answering such suits.
Present law provides relative to coverage and indemnification of state officials and employees for
certain acts. Present law provides that if the attorney general concludes that the covered individual
was engaged in the performance of the duties of his office or employment with the state at the time
the events that form the basis of the cause of action happened and that the covered individual was
free of criminal conduct, then the attorney general shall provide a defense to the covered individual.
Proposed law retains present law but provides that if the attorney general concludes that the covered
individual was not engaged in criminal conduct, then the attorney general shall provide a defense to
the covered individual.
Present law provides that the decision of the attorney general shall be communicated in writing to
the covered individual and the head of the department of the state in which the individual is
employed within 10 working days of delivery of the petition to the attorney general.
Proposed law retains present law but changes 10 days to 30 days.
Present law provides that present law imposing liability on a master for the offenses and quasi
offenses of his servant shall not apply to and shall not impose liability on the state for the offenses
and quasi offenses of any person who is not expressly specified by present law to be an official,
officer, or employee of the state entitled to indemnification.
Proposed law retains present law and replaces incorrect citations.
Present law provides that a defendant shall file his answer within 15 days after service of citation
upon him, except as otherwise provided by present law.
Proposed law retains present law but changes the delay for filing an answer by the state, a state
agency, or a state official, officer, or employee sued in the course and scope of his employment from
15 days to 60 days from service of citation.
(Amends R.S. 13:5108.1(B)(3), R.S. 42:1441.1, and C.C.P. Art. 1001) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Change the general delay for filing an answer from proposed law 30 days to present law
15 days.
2. Add provisions authorizing the defendant 30 days from service of citation to file an
answer if the attorney general is obligated to provide a defense.
3. Add provisions authorizing a defendant to file an answer 15 days from issuance of
written notice that the attorney general is not obligated to provide a defense.
The House Floor Amendments to the engrossed bill:
1. Remove provisions providing for different delays for answering suit based on whether
the attorney general is obligated to provide a defense.
2. Provide a 60-day delay for answering suit by the state, a state agency, or a state official,
officer, or employee.