Louisiana 2024 2nd Special Session

Louisiana House Bill HB23

Introduced
2/20/24  
Introduced
2/20/24  
Refer
2/20/24  
Refer
2/20/24  
Report Pass
2/21/24  
Report Pass
2/21/24  
Engrossed
2/25/24  
Engrossed
2/25/24  
Report Pass
2/26/24  
Report Pass
2/26/24  
Enrolled
2/29/24  
Enrolled
2/29/24  
Chaptered
3/5/24  
Chaptered
3/5/24  

Caption

Provides with respect to procedures for challenging the constitutionality of a statute or law (Item #21)

Impact

The enactment of HB 23 would fundamentally alter the procedural landscape for challenging state laws within Louisiana. By mandating that the attorney general be notified of any constitutional challenges, the bill strengthens the position of the state in legal matters and ensures a more unified approach in addressing potential unconstitutional statutes. This move may reduce frivolous lawsuits and streamline the process by which such challenges are considered. However, it also raises concerns about how accessible the legal system will be for individuals and groups seeking redress against state actions.

Summary

House Bill 23 seeks to amend current procedures regarding the challenge of the constitutionality of state laws in Louisiana. This bill introduces the requirement that all civil actions alleging that a law is unconstitutional must be formally written and served to the attorney general, ensuring that the state's interests are represented in these legal proceedings. It also provides a structured timeline for the attorney general to respond to allegations made against state statutes, thereby emphasizing the role of the attorney general in maintaining the integrity of state laws.

Sentiment

The sentiment surrounding HB 23 appears to be mixed. Proponents argue that the bill establishes necessary protocols that protect the rule of law and promote efficient judicial processes. They see the role of the attorney general as critical in defending the state's legal framework. Conversely, critics express apprehension regarding the potential suppression of individual rights to challenge government actions. Some worry that the new requirements may discourage necessary legal challenges, thereby maintaining statutes that could be unconstitutional.

Contention

One notable point of contention associated with HB 23 relates to the balance of power between individuals' rights and the state's authority. Opponents argue that the new procedures could complicate and hinder people's ability to contest laws that they believe infringe upon their rights. This could particularly affect marginalized groups who might lack the resources to navigate the enhanced procedural requirements. The discussion around this bill thus underscores the ongoing tension between maintaining state power and ensuring individual accountability.

Companion Bills

No companion bills found.

Previously Filed As

LA HB227

Provides for continuous revisions relative to civil procedure

LA HB230

Provides for the continuous revision of the Code of Civil Procedure

LA SB32

Provides for small succession procedures. (8/1/24)

LA HB936

Provides with respect to flood control

LA HB667

Removes municipal police departments from their respective fire and police civil service systems (OR DECREASE SG EX See Note)

LA HB583

Provides for school choice with respect to foreign language immersion (RE SEE FISC NOTE GF EX See Note)

LA HB933

Provides with respect to retail florists and wholesale florists

LA HB871

Provides for procedures for the collection of delinquent ad valorem taxes and statutory impositions, tax auctions, tax auction certificates, and the redemption of certain property (RE SEE FISC NOTE LF RV See Note)

LA SCR26

Provides relative to legislative intent of certain Acts relating to causes of action for abuse of a minor.

LA HB238

Provides relative to agriculture land protection against foreign adversaries (EN INCREASE GF EX See Note)

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