SLS 19RS-2664 ORIGINAL
2019 Regular Session
SENATE RESOLUTION NO. 220
BY SENATOR LUNEAU
LEGIS POWERS/FUNCTIONS. Requests the Louisiana State Law Institute to study and
make recommendations regarding certain aspects of the Louisiana Governmental Claims
Act.
1 A RESOLUTION
2 To urge and request the Louisiana State Law Institute to study and make recommendations
3 regarding certain aspects of the Louisiana Governmental Claims Act.
4 WHEREAS, R.S. 13:5101 through 5113 is known as the Louisiana Governmental
5 Claims Act; and
6 WHEREAS, the Louisiana Governmental Claims Act provides relative to suits in
7 contract or for injury to person or property against the state, a state agency, and an officer
8 or employee of the state or a state agency for actions arising out of the discharge of official
9 duties or within the course and scope of employment, and further applies to a political
10 subdivision, and to an officer or employee of a political subdivision, for actions arising out
11 of the discharge of official duties or acting within the course and scope of employment; and
12 WHEREAS, the Louisiana Governmental Claims Act provides definitions,
13 procedures, and requirements relative to such suits for indemnification and representation
14 by the attorney general of covered officers or employees; and
15 WHEREAS, R.S. 13:5108.1 provides specific procedures for the process of
16 determining such coverage, representation, and indemnification, including time periods for
17 delivery of document to the attorney general, investigation by the attorney general
18 confirming or denying coverage of an officer or employee, and resulting actions and notices
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SLS 19RS-2664 ORIGINAL
1 by the attorney general; and
2 WHEREAS, such process and applicable time periods should be reviewed by the
3 Louisiana State Law Institute to determine if revisions are necessary to these procedures,
4 including expansion of present time periods for certain actions set forth in the law; and
5 WHEREAS, a requirement in the present law is that the covered officer or employee
6 be "free from criminal conduct"; and
7 WHEREAS, such language should be reviewed by the Louisiana State Law Institute
8 to determine if it should be updated or otherwise revised; and
9 WHEREAS, a report should be submitted to the Legislature of Louisiana with any
10 conclusions and recommendations on all of the above no later than January 31, 2020; and
11 WHEREAS, any recommendations by the Louisiana State Law Institute for changes
12 in the law should be in the proper form, format, and language of substantive legislation to
13 enact the recommendations.
14 THEREFORE, BE IT RESOLVED that the Senate of the Louisiana State Legislature
15 does hereby urge and request that the Louisiana State Law Institute study and make
16 recommendations regarding certain aspects of the Louisiana Governmental Claims Act.
17 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
18 director of the Louisiana State Law Institute.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SR 220 Original 2019 Regular Session Luneau
Requests the Louisiana State Law Institute to study and make recommendations regarding
certain aspects of the Louisiana Governmental Claims Act.
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