Provides that certain liability insurance restatements are not statements of public policy.
The bill asserts that statements of the law featured in the Restatement of the Law regarding liability insurance do not hold as public policy in Louisiana if they contradict or conflict with existing state laws. This resolution aims to clarify the scope of influence that such secondary sources should have over the Louisiana legal landscape, particularly emphasizing judicial interpretation and legislative authority. Thus, it seeks to maintain a coherent understanding of public policy and legal principles within the state.
Senate Resolution No. 149, presented by Senator Morrish, articulates the position of the Louisiana Senate on the role of Restatements of the Law, specifically regarding liability insurance. The resolution emphasizes the responsibility of the legislature in determining state public policy and the importance of legislation as a clear expression of this policy. It reinforces that any source of law, including legislation and long-standing customs, must align with the established legal framework, where legislation takes precedence over custom in case of any conflict.
The sentiment surrounding SR149 appears to be grounded in a desire to safeguard legislative authority and protect statutory interpretations from external influences. The resolution showcases a clear stance against the potential overreach of authoritative documents like Restatements, which may purport to dictate public policy. It represents a commitment to the established principles of Louisiana law, emphasizing the integrity of legislative processes.
While SR149 does not appear to have significant controversy based on available voting history or discussions, it brings forth fundamental principles regarding the balance of powers among the state's legislature, judiciary, and external legal interpretations. The resolution highlights an ongoing discourse regarding the interpretive role of the judiciary versus the authoritative voice of the legislature, putting a spotlight on the importance of state sovereignty in legal matters.