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 64 Original 2025 Regular Session Mike Johnson
Abstract: Provides specific authority to the attorney general with respect to the representation of
the sovereign interests of the state.
Present law (U.S. Const. Amend. X) provides that the powers not delegated to the states by the U.S.
Const., nor prohibited by it to the states, are reserved to the states or to the people.
Present law (R.S. 42:265) provides that the governor may require and direct the attorney general to
render any special services to any police jury or other parish governing authority or to various other
political subdivisions in any matter and when deemed necessary, to assume full charge and control
of all legal proceedings relating to such matter.
Proposed law provides that nothing in present law shall limit the authority of the attorney general,
as she deems appropriate, to render such special services or assume full charge and control of all
legal proceedings relating to such matters.
Present law provides that special counsel shall be employed to preserve and protect the powers
reserved to the state by the 10
th
amendment to the U.S. Const., by means of the institution of suits
in the name of the state to prevent any governmental agency from exercising in this state any power
not delegated to the U.S. by the constitution.
Proposed law provides that it is a declared interest of the state that the attorney general preserve and
defend the state's autonomy, independence, and sovereignty in all legal matters and disputes
involving the federal government.
Proposed law provides that the state's sovereign interests refer to any matter, concern, or situation
that directly or indirectly affects the status or rights of the state and its citizens.
Proposed law provides that the attorney general shall have the authority to institute, defend, or
intervene in any suit to protect the sovereign interests of the state.
Proposed law provides that the attorney general may, in her name or through special counsel,
represent the state and all departments and agencies of state government, state boards and
commissions, state officials and employees, and any other state institution, as well as any local
political subdivisions created by the La. Const. or state law, in order to preserve, protect, and defend
the interests of the state. Proposed law provides that whenever the state, any state institution, or a local political subdivision
receives a notice, claim, or demand made by a federal agency or any notice, claim, or demand made
by any party in litigation which seeks to impose continuing federal court jurisdiction over any state
institution, or any local political subdivision, such entity or political subdivision shall immediately
notify the governor and the attorney general by providing a copy of such notice, claim, or demand
within 30 days of receipt of the notice, claim, or demand. Proposed law further requires the entity
to notify all parties and the court of the statutory right of the attorney general to intervene and shall
seek a 60-day stay of the litigation to provide notice and provide the attorney general time to
intervene.
Proposed law provides that neither the state nor any department, agency, board, commission,
institution, or local political subdivision may enter into a judgment by consent in federal court
without the approval of the attorney general and the governor when the proposed judgment creates
or establishes continuing jurisdiction or creates binding obligations.
Proposed law provides that the provisions of proposed law shall apply to any pending consent decree
or any judgment that imposes continuing jurisdiction of any court over the state or any state
department, board, commission, or other institution, or any local political subdivision created by the
La. Const. or state law, including but not limited to school boards and charters, or any public official
or employee thereof.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:265 and R.S. 49:21)