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.

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