Louisiana SB 91: COURTS: Provides relative to court costs in suits involving the state and state agencies in the Nineteenth Judicial District Court. (2/3-CA7s2.1(A)) (8/1/25) (OR INCREASE GF EX See Note)

Bill Text

SLS 25RS-356 ORIGINAL
2025 Regular Session
SENATE BILL NO. 91
BY SENATOR BARROW
COURTS. Provides relative to court costs in suits involving the state and state agencies in
the Nineteenth Judicial District Court. (2/3-CA7s2.1(A)) (8/1/25)
1 AN ACT
2 To amend and reenact R.S. 13:4521(A)(1) and 5036 and to enact R.S. 13:4521(E), relative
3 to court costs in suits involving the state and state agencies in the Nineteenth Judicial
4 District Court; to provide with respect to the temporary deferral of court costs and
5 the entities to which the deferral applies; to provide with respect to the institution
6 and prosecution of suits by the attorney general in suits for the protection of the
7 state's interests and rights filed in the Nineteenth Judicial District Court; and to
8 provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 13:4521(A)(1) and 5036 are hereby amended and reenacted and R.S.
11 13:4521(E) is hereby enacted to read as follows:
12 §4521. State and its subdivisions; temporary deferral of court costs; exceptions
13 A.(1) Except as provided in R.S. 13:5112, R.S. 19:15 and 116, and R.S.
14 48:451.3, and Subsection E of this Section, and as provided in this Subsection, the
15 state, any political subdivision as defined in this Section, and any agent, officer, or
16 employee of any such governmental entity when acting within the scope and
17 authority of such employment or when discharging his official duties may
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 91
SLS 25RS-356 ORIGINAL
1 temporarily defer court costs, including cost of filing a judgment dismissing claims
2 against the state, political subdivision, or agent, officer, or employee thereof, in any
3 judicial proceeding instituted or prosecuted by or against the state, any political
4 subdivision, or agent, officer, or employee thereof in any court of this state or any
5 municipality of this state, including particularly but not exclusively those courts in
6 the parish of Orleans and the city of New Orleans. This Section shall also apply to
7 the Louisiana Insurance Guaranty Association and the Louisiana Life and Health
8 Insurance Guaranty Association in any judicial proceeding instituted by or against
9 them. This Section shall also apply to the policyholder or other insured of an
10 insolvent insurer in any judicial proceeding instituted by or against the Louisiana
11 Insurance Guaranty Association and the Louisiana Life and Health Insurance
12 Guaranty Association. Costs which are temporarily deferred pursuant to this Section
13 cannot be shifted to opposing parties during the pendency of such deferment;
14 however, when a final judgment is rendered dismissing all claims against the state,
15 a political subdivision, or agent, officer, or employee thereof and when the judgment
16 taxes costs of the state, political subdivision, or agent, officer, or employee thereof
17 against the opposing party in accordance with the provisions of Code of Civil
18 Procedure Article 1920, the opposing party shall be condemned to pay the
19 temporarily deferred court costs.
20 * * *
21 E. With respect to the deferral of court costs in suits filed in the
22 Nineteenth Judicial District Court, the provisions of this Section shall apply
23 only to the state and its departments listed in R.S. 36:4(A). However, the state
24 and its departments listed in R.S. 36:4(A), shall deposit an advance filing fee in
25 the amount of two hundred dollars, to the Nineteenth Judicial District Court.
26 * * *
27 §5036. Suits for protection of state's interests and rights; institution and prosecution
28 by attorney general; deferral of costs; bond
29 A. The attorney general may institute and prosecute any and all suits he may
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 91
SLS 25RS-356 ORIGINAL
1 deem necessary for the protection of the interests and rights of the state. No court of
2 this state, nor officer thereof, shall demand of the state, or the attorney general, any
3 security for costs, or any advance costs; but all costs for which the state may become
4 liable shall be paid by the attorney general out of the proper appropriation therefor.
5 In any and all cases where bond is required by law in legal proceedings, the state and
6 the attorney general shall be dispensed from giving such bond.
7 B. With respect to the deferral of court costs in suits filed in the
8 Nineteenth Judicial District Court, the provisions of this Section shall apply
9 only to the state and its departments listed in R.S. 36:4(A). However, the state
10 and its departments listed in R.S. 36:4(A), shall deposit an advance filing fee in
11 the amount of two hundred dollars, to the Nineteenth Judicial District Court.
12 C. If an opposing party condemned to pay tempor