Louisiana SR 174: LIABILITY: Authorizes and directs the Louisiana State Law Institute to study and recommend legislation relative to the Louisiana Governmental Claims Act.

Bill Text

2025 Regular Session ENROLLED
SENATE RESOLUTION NO. 174
BY SENATOR FOIL
A RESOLUTION
To authorize and direct the Louisiana State Law Institute to study and recommend
legislation relative to the Louisiana Governmental Claims Act, any provisions of the
Code of Civil Procedure or Civil Code Ancillaries related thereto, and other
provisions of law relative to claims against the state and the administration thereof,
and to submit a report of its findings, recommendations and proposed legislation to
the legislature no later than March 1, 2026.
WHEREAS, R.S. 13:5101 et seq., provides for the substantive law and certain
procedures for suits in contract or for injury to person or property against the state, political
subdivisions, officers and employees and others arising out of the discharge of official duties
or within the course and scope of employment; and
WHEREAS, various provisions of the Code of Civil Procedure and Civil Code
Ancillaries contain, or may contain, provisions affecting the effect or implementation of the
Louisiana Governmental Claims Act; and
WHEREAS, R.S. 39:1527 et seq., provides for the administration of certain claims
against the state based upon the Louisiana Governmental Claims Act; and
WHEREAS, neither the Louisiana Governmental Claims Act nor the provisions of
law relative to risk management nor any ancillary provisions of law that impact the
application of the Louisiana Governmental Claims Act have been reviewed on a
comprehensive basis for many years; and
WHEREAS, given that from time to time amendments have been made to these
statutes and various judicial decisions rendered, it is appropriate to review, and as may be
desirable, amend the relevant statutes to comport with the intent of the Louisiana
Legislature; and
WHEREAS, the Louisiana State Law Institute has the capability and expertise to
study and make recommendations for potential changes to these statutes.
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SR NO. 174 ENROLLED
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby authorize and direct the Louisiana State Law Institute to study and recommend
legislation to revise and amend the substantive and procedural law for asserting claims
against the state and its political subdivisions as well as officers and employees acting in
course and scope of their employment and for the administration of claims covered by the
state risk management program, and to make its report to the legislature no later than
March 1, 2026.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
one printed copy and one electronic copy of any report produced pursuant to this Resolution
to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
PRESIDENT OF THE SENATE
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