Louisiana 2018 Regular Session

Louisiana Senate Bill SB424

Introduced
3/2/18  
Refer
3/2/18  
Refer
3/12/18  

Caption

Provides relative to the employment of special attorneys or counsel to recover royalties due the state. (gov sig)

Impact

The bill amends existing laws primarily found in R.S. 42:262 and R.S. 49:259, which govern legal support for state entities. By granting the State Mineral and Energy Board authority to engage special counsel without the usual limitations on contingency compensation, the bill aims to streamline the process for recovering royalties that are vital for state funding. This change could lead to a more effective recovery of funds, contributing positively to state revenues, particularly in sectors related to mineral extraction and energy.

Summary

Senate Bill 424 seeks to refine the legal framework surrounding the employment of special attorneys or counsel to recoup royalties due to the state of Louisiana. It specifically allows the State Mineral and Energy Board to retain counsel for the purpose of collecting overdue royalties without the restrictions that ordinarily apply to state-funded legal representation. This is a significant shift aimed at optimizing the state’s ability to recover funds owed to it, thus potentially increasing state revenue from mineral rights and energy production.

Sentiment

Overall, the sentiment around SB 424 seems to be one of cautious optimism among proponents who believe that facilitating more direct and flexible legal actions will benefit the state financially. Stakeholders in the mineral and energy sectors, along with some lawmakers, express support for measures that enhance the state’s ability to pursue owed royalties. Conversely, there may be concerns from opposition groups who worry about the implications of expanding the powers of state boards and the potential for abuse in how legal services are procured and utilized.

Contention

Notable points of contention surrounding SB 424 include the potential for increased government expenditures in legal fees and concerns over the appropriateness of allowing special counsel to operate without stringent oversight. Critics may argue that the bill could encourage an unchecked pursuit of legal actions, leading to unnecessary expenditure or favoritism in the selection of outside counsel. The balance between effective recovery of owed funds and maintaining ethical practices in government contracting is likely to be a central theme in discussions regarding the bill’s implementation.

Companion Bills

No companion bills found.

Previously Filed As

LA SB136

Provides relative to the employment of special attorneys or counsel. (gov sig) (REF DECREASE GF RV See Note)

LA HB799

Provides relative to the employment of special attorneys or counsel (EN SEE FISC NOTE GF EX See Note)

LA SB553

Provides relative to special attorneys for flood protection authorities. (gov sig)

LA HB73

Authorizes the La. Department of Health to contract for the administration of the Medicaid estate recovery program (EG DECREASE GF EX See Note)

LA SB328

Provides that certain mineral royalties due to the state are not rent. (8/1/18)

LA HB666

Provides with respect to the hiring of special counsel by school boards

LA SB179

Provides how mineral royalties are classified and creates a lien for mineral royalties due to the state. (8/1/19)

LA HB409

Provides for the transfer, deposit, and use of monies among state funds (EN SEE FISC NOTE GF RV See Note)

LA SB233

Provides for the disposition of funds recovered in settlement of the state and parish coastal zone litigation. (gov sig) (OR INCREASE SD EX See Note)

LA HB257

Provides relative to the privilege of certain health care providers against proceeds recovered by injured persons

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