SLS 19RS-277 ENGROSSED
2019 Regular Session
SENATE BILL NO. 111
BY SENATOR CLAITOR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS. Provides relative to court costs in suits involving the state and state agencies in
the Nineteenth Judicial District Court. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 13:4521(A)(1) and 5036 and to enact R.S. 13:4521(E), relative
3 to court costs in suits involving the state and state agencies in the Nineteenth Judicial
4 District Court; to provide with respect to the temporary deferral of court costs and
5 the entities to which the deferral applies; to provide with respect to the institution
6 and prosecution of suits by the attorney general in suits for the protection of the
7 state's interests and rights filed in the Nineteenth Judicial District Court; and to
8 provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 13:4521(A)(1) and 5036 are hereby amended and reenacted and R.S.
11 13:4521(E) is hereby enacted to read as follows:
12 §4521. State and its subdivisions; temporary deferral of court costs; exceptions
13 A.(1) Except as provided in R.S. 13:5112, R.S. 19:15 and 116, and R.S.
14 48:451.3, and Subsection E of this Section, and as provided in this Subsection, the
15 state, any political subdivision as defined in this Section, and any agent, officer, or
16 employee of any such governmental entity when acting within the scope and
17 authority of such employment or when discharging his official duties may
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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. 111
SLS 19RS-277 ENGROSSED
1 temporarily defer court costs, including cost of filing a judgment dismissing claims
2 against the state, political subdivision, or agent, officer, or employee thereof, in any
3 judicial proceeding instituted or prosecuted by or against the state, any political
4 subdivision, or agent, officer, or employee thereof in any court of this state or any
5 municipality of this state, including particularly but not exclusively those courts in
6 the parish of Orleans and the city of New Orleans. This Section shall also apply to
7 the Louisiana Insurance Guaranty Association and the Louisiana Life and Health
8 Insurance Guaranty Association in any judicial proceeding instituted by or against
9 them. This Section shall also apply to the policyholder or other insured of an
10 insolvent insurer in any judicial proceeding instituted by or against the Louisiana
11 Insurance Guaranty Association and the Louisiana Life and Health Insurance
12 Guaranty Association. Costs which are temporarily deferred pursuant to this Section
13 cannot be shifted to opposing parties during the pendency of such deferment;
14 however, when a final judgment is rendered dismissing all claims against the state,
15 a political subdivision, or agent, officer, or employee thereof and when the judgment
16 taxes costs of the state, political subdivision, or agent, officer, or employee thereof
17 against the opposing party in accordance with the provisions of Code of Civil
18 Procedure Article 1920, the opposing party shall be condemned to pay the
19 temporarily deferred court costs.
20 * * *
21 E. With respect to the deferral of court costs in suits filed in the
22 Nineteenth Judicial District Court, the provisions of this Section shall apply
23 only to the state and its departments listed in R.S. 36:4(A).
24 * * *
25 §5036. Suits for protection of state's interests and rights; institution and prosecution
26 by attorney general; deferral of costs; bond
27 A. The attorney general may institute and prosecute any and all suits he may
28 deem necessary for the protection of the interests and rights of the state. No court of
29 this state, nor officer thereof, shall demand of the state, or the attorney general, any
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1 security for costs, or any advance costs; but all costs for which the state may become
2 liable shall be paid by the attorney general out of the proper appropriation therefor.
3 In any and all cases where bond is required by law in legal proceedings, the state and
4 the attorney general shall be dispensed from giving such bond.
5 B. With respect to the deferral of court costs in suits filed in the
6 Nineteenth Judicial District Court, the provisions of this Section shall apply
7 only to the state and its departments listed in R.S. 36:4(A).
8 C. If an opposing party condemned to pay temporarily deferred court
9 costs fails to pay the assessed costs within thirty days of the judgment becoming
10 final, the clerk of court may forward a certified copy of the recorded judgment
11 to the office of debt recovery for collection. The office of debt recovery may
12 collect any outstanding deferred court costs on behalf of the clerk of court.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas F. Wade.
DIGEST
SB 111 Engrossed 2019 Regular Session Claitor
Present law provides that the state, any political subdivision as defined in present law, and
any agent, officer, or employee of any governmental entity when acting within the scope and
authority of such employment or when discharging his official duties may temporarily defer
court costs, including cost of filing a judgment dismissing claims against the state, political
subdivision, or agent, officer, or employee thereof, in any judicial proceeding instituted or
prosecuted by or against the state, any political subdivision, or agent, officer, or employee
thereof in any court of the state or any municipality of the state. Present law includes certain
limited exceptions.
Present law further provides that costs which are temporarily deferred cannot be shifted to
opposing parties during the pendency of such deferment; however, when a final judgment
is rendered dismissing all claims against the state, a political subdivision, or agent, officer,
or employee thereof and when the judgment taxes costs of the state, political subdivision,
or agent, officer, or employee thereof against the opposing party, the opposing party shall
be condemned to pay the temporarily deferred court costs.
Present law defines "political subdivision" as any parish, municipality, special district,
school board, sheriff, public board, institution, department, commission, district, agency,
authority, or an agency or subdivision of any of these, and any other public or governmental
body of any kind which is not a state agency.
Present law also provides that if an opposing party condemned to pay temporarily deferred
court costs fails to pay the assessed costs within thirty days of the judgment becoming final,
the clerk of court may forward a certified copy of the recorded judgment to the office of debt
recovery for collection. The office of debt recovery may collect any outstanding deferred
court costs on behalf of the clerk of court.
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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. 111
SLS 19RS-277 ENGROSSED
Proposed law limits the application of present law with regard to the temporary deferral of
court costs in suits filed in the 19th Judicial District Court to the state and its departments
listed in R.S. 36:4(A).
Present law further provides that the attorney general may institute and prosecute any suit
he may deem necessary for the protection of the interests and rights of the state without
putting up security for costs, or any advance costs. It further provides that all costs for which
the state may become liable shall be paid by the attorney general out of funds appropriated
for that purpose.
Proposed law limits the application of present law with regard to the temporary deferral of
court costs in suits filed in the 19th Judicial District Court to the state and its departments
listed in R.S. 36:4(A). Further provides that if an opposing party condemned to pay
temporarily deferred court costs fails to pay the assessed costs within thirty days of the
judgment becoming final, the clerk of court may forward a certified copy of the recorded
judgment to the office of debt recovery for collection. The office of debt recovery may
collect any outstanding deferred court costs on behalf of the clerk of court.
Effective August 1, 2019.
(Amends R.S. 13:4521(A)(1) and 5036; adds R.S. 13:4521(E))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.