The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Senate Legislative Services. The keyword,
summary, 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)]
DIGEST
SB 91 Original 2025 Regular Session Barrow
Present law provides that the state, any political subdivision as defined in present law, and any agent,
officer, or employee of any governmental entity when acting within the scope and authority of such
employment or when discharging his official duties may temporarily defer court costs, including cost
of filing a judgment dismissing claims against the state, political subdivision, or agent, officer, or
employee thereof, in any judicial proceeding instituted or prosecuted by or against the state, any
political subdivision, or agent, officer, or employee thereof in any court of the state or any
municipality of the state. Present law includes certain limited exceptions.
Present law further provides that costs which are temporarily deferred cannot be shifted to opposing
parties during the pendency of such deferment; however, when a final judgment is rendered
dismissing all claims against the state, a political subdivision, or agent, officer, or employee thereof
and when the judgment taxes costs of the state, political subdivision, or agent, officer, or employee
thereof against the opposing party, the opposing party shall be condemned to pay the temporarily
deferred court costs.
Present law defines "political subdivision" as any parish, municipality, special district, school board,
sheriff, public board, institution, department, commission, district, agency, authority, or an agency
or subdivision of any of these, and any other public or governmental body of any kind which is not
a state agency.
Present law also provides that if an opposing party condemned to pay temporarily deferred court
costs fails to pay the assessed costs within 30 days of the judgment becoming final, the clerk of court
may forward a certified copy of the recorded judgment to the office of debt recovery for collection.
The office of debt recovery may collect any outstanding deferred court costs on behalf of the clerk
of court.
Proposed law limits the application of present law with regard to the temporary deferral of court
costs in suits filed in the 19th Judicial District Court to the state and its departments listed in present
law (R.S. 36:4(A)) as follows:
(1)Dept. of State Civil Service.
(2)Dept. of Economic Development.
(3)Dept. of Culture, Recreation and Tourism. (4)Dept. of Environmental Quality.
(5)La. Dept. of Health.
(6)La. Workforce Commission.
(7)Dept. of Energy and Natural Resources.
(8)Dept. of Public Safety and Corrections.
(9)Dept. of Revenue.
(10)Dept. of Children and Family Services.
(11)Dept. of Transportation and Development.
(12)Dept. of Wildlife and Fisheries.
(13)Dept. of Agriculture and Forestry.
(14)Dept. of Education.
(15)Dept. of Elderly Affairs. (Effective upon abolition of one or more of the existing twenty
departments in the executive branch or constitutional authorization for an additional
department.)
(16)Dept. of Insurance.
(17)Dept. of Justice.
(18)Dept. of Public Service.
(19)Dept. of State.
(20)Dept. of the Treasury.
(21)Dept. of Veterans Affairs.
Proposed law requires the state and the departments listed in present law (R.S. 36:4(A)) to deposit
an advance filing fee of $200 to the 19th Judicial District Court.
Present law further provides that the attorney general may institute and prosecute any suit he may
deem necessary for the protection of the interests and rights of the state without putting up security
for costs, or any advance costs. It further provides that all costs for which the state may become
liable shall be paid by the attorney general out of funds appropriated for that purpose. Proposed law limits the application of present law with regard to the temporary deferral of court
costs in suits filed in the 19th Judicial District Court to the state and its departments listed in present
law (R.S. 36:4(A)). Proposed law also requires the state and the departments listed in present law
to deposit an advance filing fee of $200 to the 19th Judicial District Court. Further provides that if
an opposing party condemned to pay temporarily deferred court costs fails to pay the assessed costs
within 30 days of the judgment becoming final, the clerk of court may forward a certified copy of
the recorded judgment to the office of debt recovery for collection. The office of debt recovery may
collect any outstanding deferred court costs on behalf of the clerk of court.
Effective August 1, 2025.
(Amends R.S. 13:4521(A)(1) and 5036; adds R.S. 13:4521(E))