The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Thomas F. Wade.
DIGEST
SB 111 Reengrossed 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.
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). Proposed law also requires the state and the departments listed in present law to deposit an
advance filing fee of $200 to the 19th Judicial District Court.
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). Proposed law also requires the state and the departments listed in present law to deposit an
advance filing fee of $200 to the 19th Judicial District Court. 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))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Requires the state and certain departments to deposit an advance filing fee of $200
to the 19th Judicial District Court.