Provides that certain liability insurance restatements are not statements of public policy.
Impact
The bill asserts that statements of the law featured in the Restatement of the Law regarding liability insurance do not hold as public policy in Louisiana if they contradict or conflict with existing state laws. This resolution aims to clarify the scope of influence that such secondary sources should have over the Louisiana legal landscape, particularly emphasizing judicial interpretation and legislative authority. Thus, it seeks to maintain a coherent understanding of public policy and legal principles within the state.
Summary
Senate Resolution No. 149, presented by Senator Morrish, articulates the position of the Louisiana Senate on the role of Restatements of the Law, specifically regarding liability insurance. The resolution emphasizes the responsibility of the legislature in determining state public policy and the importance of legislation as a clear expression of this policy. It reinforces that any source of law, including legislation and long-standing customs, must align with the established legal framework, where legislation takes precedence over custom in case of any conflict.
Sentiment
The sentiment surrounding SR149 appears to be grounded in a desire to safeguard legislative authority and protect statutory interpretations from external influences. The resolution showcases a clear stance against the potential overreach of authoritative documents like Restatements, which may purport to dictate public policy. It represents a commitment to the established principles of Louisiana law, emphasizing the integrity of legislative processes.
Contention
While SR149 does not appear to have significant controversy based on available voting history or discussions, it brings forth fundamental principles regarding the balance of powers among the state's legislature, judiciary, and external legal interpretations. The resolution highlights an ongoing discourse regarding the interpretive role of the judiciary versus the authoritative voice of the legislature, putting a spotlight on the importance of state sovereignty in legal matters.
Liability insurance; creating the Act Concerning Interpretation of Oklahoma Insurance Laws; specifying certain statement or restatement of law is not law or policy under certain circumstances. Emergency
Urges the Commissioner of Insurance to study the issue of notice of cancellation or nonrenewal of a property insurance policy that provides coverage for property damaged by a named storm or windstorm.
Requests that the Bd. of Regents and the State Bd. of Elementary and Secondary Education, with the Taylor Foundation, La. Office of Student Financial Assistance, public postsecondary education management boards, and certain others, study certain issues relative to TOPS
Requests the Louisiana Workforce Commission and the Louisiana Department of Veterans Affairs to study employment practices and professional licensing requirements to benefit veterans in the workforce
Creates a task force to study meaningful oversight of the professional healthcare licensing boards statutorily created within the Department of Health and Hospitals.