Requires certain state entities to report corrective actions taken to mitigate state risk exposure upon request of the litigation subcommittee of the Joint Legislative Committee on the Budget. (8/1/23)
Impact
The impact of SB 129 lies in its aim to enhance oversight and accountability in state litigation processes, particularly regarding financial settlements. It introduces clearer reporting duties for state agencies, which may help reduce the state’s risk exposure in future litigations. By enforcing prior consultation with legal authorities, the bill aims to ensure that large settlements are well considered and reflect necessary corrective actions to avoid future risks. The public records exemption provided in the bill also highlights a shift towards protecting sensitive litigation information that could impact ongoing or future legal actions.
Summary
Senate Bill 129 addresses the procedural requirements for the litigation subcommittee of the Joint Legislative Committee on the Budget in Louisiana. This bill amends existing laws to mandate that any attorney representing the state or its agencies must consult with the Attorney General and the litigation subcommittee before signing any settlement that obligates the state to pay over $500,000. This process is required to occur in an executive session, ensuring confidentiality in sensitive negotiations. The bill also establishes a requirement for state entities to report on corrective actions taken to mitigate risks associated with state expenditures on litigation when requested by the subcommittee.
Sentiment
The sentiment around SB 129 seems to be predominantly supportive among legislators who prioritize fiscal responsibility and enhanced regulation of state expenditures. The bill received a unanimous vote in the Senate, signaling a strong desire for streamlined and accountable processes in handling litigation-related financial matters. However, potential concerns about transparency could arise from the provision that allows certain information to remain confidential, which may lead to discussions about the balance between transparency and the need for confidentiality in sensitive legal negotiations.
Contention
Notably, the main points of contention surrounding SB 129 include the implications of exempting certain state oversight actions from the Public Records Law. Critics may argue that such exemptions could diminish public access to information regarding how state resources are utilized in litigation contexts. Furthermore, while proponents believe the bill will enhance state financial management and reduce litigation risks, opponents could raise questions about the potential for misuse of executive sessions to hide unnecessary expenditures or mismanagement of state funds.
Requires review by the Litigation Subcommittee of the Joint Legislative Committee on the Budget of certain negotiations, compromises and settlements. (7/1/10) (EN NO IMPACT GF EX See Note)
Provides for certain funds in the state treasury and the powers, duties, functions, and responsibilities of the Dedicated Fund Review Subcommittee of the Joint Legislative Committee on the Budget. (See Act) (EN SEE FISC NOTE GF RV See Note)
Provides relative to the Dedicated Fund Review Subcommittee of the Joint Legislative Committee on the Budget. (7/1/20) (EN SEE FISC NOTE GF EX See Note)
Provides for the annual reporting to the Joint Legislative Committee on the Budget by departments and public postsecondary education management boards on enacted legislation with significant fiscal impact. (7/1/13) (EN SEE FISC NOTE GF EX See Note)
Provides relative to economic and financial reports for projects submitted in conjunction with the request for the review or approval of the Joint Legislative Committee on the Budget. (7/1/14) (EN INCREASE GF EX See Note)
Requires certain quasi public and nongovernmental entities to submit information to the legislative auditor and be approved by the Joint Legislative Committee on the Budget prior to receiving state monies or assistance
Amending House Rules 43 and 45, further providing for standing committees and subcommittees and for powers and duties of standing committees and subcommittees.
Creates certain commissions and subcommittees for the purpose of educating the general public concerning certain cultural affairs relating to African-Americans. (BDR 18-619)