DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 579 Original 2020 Regular Session Davis
Abstract: Requires state indemnification of any agency, board member, commissioner, appointee,
official, officer, or employee of the state or of its political subdivisions in antitrust actions.
Present law provides relative to suits against the state, its agencies, officers, or employees and
against political subdivisions and sets out when the state must indemnify its agents. Proposed law
adds to the list of indemnified parties board members, commissioners, appointees, and officials of
the state and its political subdivisions.
Present law provides state indemnity for these parties in certain types of civil actions. Proposed law
adds antitrust claims to the list of covered actions.
Present law requires indemnity when the act that forms the basis of the cause of action was a tort that
took place while the individual was engaged in the performance of his office, employment with the
state, or engaged in providing services on behalf of the state pursuant to present law. Proposed law
requires indemnity when demand is made for damages or other equitable relief, is filed in state or
federal court or federal agency, and is grounded in any of the following:
(1)An antitrust claim (as defined in proposed law).
(2)Any tort.
(3)Any demand made pursuant to a federal statute.
Present law (R.S. 39:1532) requires certain reports by the commissioner of administration relative
to payment of specific judgments when funds have been appropriated therefore. Proposed law retains
present law and further requires the report to contain information regarding each decision the office
of risk management (hereafter "ORM") made to decline a claim or request for payment made by any
state agency.
Present law (R.S. 39:1533) requires the attorney general or private legal counsel appointed by the
attorney general to represent the state and its agencies in all tort claims. Proposed law retains present
law and adds antitrust claims to the list of actions the attorney general must defend on behalf of the
state and its agencies.
Present law (R.S. 39:1535) requires the commissioner of administration to manage all tort claims
made against the state. Proposed law retains present law and adds antitrust claims to the list of
claims the commissioner must manage. Present law further places responsibility for negotiating settlement of all tort claims against the state
or its agencies with ORM and the commissioner of administration. Proposed law retains present law
and adds antitrust claims to the list of covered claims.
Present law provides that any settlement in excess of $500,000 may not be paid until payment is
approved by a majority of a subcommittee on the Litigation Subcommittee of the Joint Legislative
Committee on the Budget. Proposed law adds antitrust claim settlements in excess of $500,000 to
this requirement.
Proposed law requires disclosure of any state contract for insurance and insurance policy procured
by ORM or on behalf of ORM.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:5101(B) and 5108.1(A)(1) and (E)(1) and R.S. 39:1532(B), 1533(B), 1535(A),
(B)(6), (C), and (D)(1), and 1538(A); Adds R.S. 13:5101(C) and 5102(D) and R.S. 39:1537(8) and
1540(B)(4))