Louisiana 2021 Regular Session

Louisiana House Bill HB110 Latest Draft

Bill / Introduced Version

                            HLS 21RS-598	ORIGINAL
2021 Regular Session
HOUSE BILL NO. 110
BY REPRESENTATIVE BROWN
APPROPRIATIONS/JUDGMENT:  Appropriates funds for payment of consent judgment
against the State of Louisiana, through the Department of Transportation and
Development in the suit entitled "Allen Joseph Johnson, Jr., individually and as tutor
for Lydia G. Johnson vs. State of Louisiana, through the Louisiana Department of
Transportation and Development, David M. Courville, D/B/A Vidrine Community
Grocery, and John B. LaHaye, Jr. consolidated with Chelsie Brean Fontenot vs. State
of Louisiana, through the Louisiana Department of Transportation and Development,
David M. Courville D/B/A Vidrine Community Grocery and John B. LaHaye, Jr.
consolidated with State Farm Mutual Automobile Insurance Company A/S/O
Stephen B. Tate vs. Chelsie B. Fontenot"
1	AN ACT
2To appropriate monies out of the state general fund for Fiscal Year 2020-2021 to be used to
3 pay the consent judgment signed by the Honorable Gary J. Ortego on June 20, 2017,
4 between the State of Louisiana, through the Department of Transportation and
5 Development, and State Farm Mutual Automobile Insurance Company as subrogee
6 of Stephen B. Tate in the combined suit entitled "Allen Joseph Johnson, Jr.,
7 individually and as tutor for Lydia G. Johnson vs. State of Louisiana, through the
8 Louisiana Department of Transportation and Development, David M. Courville,
9 D/B/A Vidrine Community Grocery, and John B. LaHaye, Jr. consolidated with
10 Chelsie Brean Fontenot vs. State of Louisiana, through the Louisiana Department of
11 Transportation and Development, David M. Courville D/B/A Vidrine Community
12 Grocery and John B. LaHaye, Jr. consolidated with State Farm Mutual Automobile
13 Insurance Company A/S/O Stephen B. Tate vs. Chelsie B. Fontenot"; to provide for
14 an effective date; and to provide for related matters.
15Be it enacted by the Legislature of Louisiana:
16 Section 1.  The sum of fifteen thousand and No/100 ($15,000.00) Dollars is hereby
17payable out of the State General Fund (Direct) for Fiscal Year 2020-2021 to be used to pay
Page 1 of 3 HLS 21RS-598	ORIGINAL
HB NO. 110
1the consent judgment signed by the Honorable Gary J. Ortego on June 20, 2017, between the
2State of Louisiana, through the Department of Transportation and Development, and State
3Farm Mutual Automobile Insurance Company as subrogee of Stephen B. Tate in the
4combined suit entitled "Allen Joseph Johnson, Jr., individually and as tutor for Lydia G.
5Johnson vs. State of Louisiana, through the Louisiana Department of Transportation and
6Development, David M. Courville, D/B/A Vidrine Community Grocery, and John B.
7LaHaye, Jr. consolidated with Chelsie Brean Fontenot vs. State of Louisiana, through the
8Louisiana Department of Transportation and Development, David M. Courville D/B/A
9Vidrine Community Grocery and John B. LaHaye, Jr. consolidated with State Farm Mutual
10Automobile Insurance Company A/S/O Stephen B. Tate vs. Chelsie B. Fontenot", bearing
11Numbers 71,981 "A"; 72,033 "B"; and 72,730 "B" on the docket of the 13
th
 Judicial District
12Court, parish of Evangeline, state of Louisiana.
13 Section 2.  A judgment may only be paid from this appropriation if it is final and
14shall be paid as to principal, interest, court costs, and expert witness fees as awarded in the
15judgment.  If the provisions of the judgment conflict with the provisions of this Act, the
16provisions of the judgment shall be controlling.  Any other provision of this Act not in
17conflict with the provisions of a judgment shall control.  Payment shall be made only after
18presentation to the state treasurer of documentation required by the state treasurer.  Further,
19the judgment shall be deemed to have been paid on the effective date of this Act, and interest
20shall cease to run as of that date.  
21 Section 3.  This Act shall become effective upon signature by the governor or, if not
22signed by the governor, upon expiration of the time for bills to become law without signature
23by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
24vetoed by the governor and subsequently approved by the legislature, this Act shall become
25effective on the day following such approval.
Page 2 of 3 HLS 21RS-598	ORIGINAL
HB NO. 110
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 110 Original 2021 Regular Session	Brown
Appropriates from the state general fund for FY 2020-2021 the sum of $ 15,000.00 to pay
the June 20, 2017, consent judgment signed by the Honorable Gary J. Ortego between the
State of Louisiana, through the Department of Transportation and Development, and State
Farm Mutual Automobile Insurance Company as subrogee of Stephen B. Tate in the
combined suit entitled "Allen Joseph Johnson, Jr., individually and as tutor for Lydia G.
Johnson vs. State of Louisiana, through the Louisiana Department of Transportation and
Development, David M. Courville, D/B/A Vidrine Community Grocery, and John B.
LaHaye, Jr. consolidated with Chelsie Brean Fontenot vs. State of Louisiana, through the
Louisiana Department of Transportation and Development, David M. Courville D/B/A
Vidrine Community Grocery and John B. LaHaye, Jr. consolidated with State Farm Mutual
Automobile Insurance Company A/S/O Stephen B. Tate vs. Chelsie B. Fontenot", bearing
Numbers 71,981 "A"; 72,033 "B"; and 72,730 "B" on the docket of the 13
th
 Judicial District
Court, parish of Evangeline, state of Louisiana.
Proposed law provides requirements for payment from the state treasury.  Provides
contingencies in case of conflict between judgment and proposed law.  Prohibits accrual of
interest on the judgment as of the effective date of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
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