2019 Regular Session ENROLLED
SENATE RESOLUTION NO. 220
BY SENATOR LUNEAU
A RESOLUTION
To urge and request the Louisiana State Law Institute to study and make recommendations
regarding certain aspects of the Louisiana Governmental Claims Act.
WHEREAS, R.S. 13:5101 through 5113 is known as the Louisiana Governmental
Claims Act; and
WHEREAS, the Louisiana Governmental Claims Act provides relative to suits in
contract or for injury to person or property against the state, a state agency, and an officer
or employee of the state or a state agency for actions arising out of the discharge of official
duties or within the course and scope of employment, and further applies to a political
subdivision, and to an officer or employee of a political subdivision, for actions arising out
of the discharge of official duties or acting within the course and scope of employment; and
WHEREAS, the Louisiana Governmental Claims Act provides definitions,
procedures, and requirements relative to such suits for indemnification and representation
by the attorney general of covered officers or employees; and
WHEREAS, R.S. 13:5108.1 provides specific procedures for the process of
determining such coverage, representation, and indemnification, including time periods for
delivery of document to the attorney general, investigation by the attorney general
confirming or denying coverage of an officer or employee, and resulting actions and notices
by the attorney general; and
WHEREAS, such process and applicable time periods should be reviewed by the
Louisiana State Law Institute to determine if revisions are necessary to these procedures,
including expansion of present time periods for certain actions set forth in the law; and
WHEREAS, a requirement in the present law is that the covered officer or employee
be "free from criminal conduct"; and
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WHEREAS, such language should be reviewed by the Louisiana State Law Institute
to determine if it should be updated or otherwise revised; and
WHEREAS, a report should be submitted to the Legislature of Louisiana with any
conclusions and recommendations on all of the above no later than January 31, 2020; and
WHEREAS, any recommendations by the Louisiana State Law Institute for changes
in the law should be in the proper form, format, and language of substantive legislation to
enact the recommendations.
THEREFORE, BE IT RESOLVED that the Senate of the Louisiana State Legislature
does hereby urge and request that the Louisiana State Law Institute study and make
recommendations regarding certain aspects of the Louisiana Governmental Claims Act.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
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