06LegSummaryGovtImmunity

Governmental Immunity
2006 Regular Session of the Louisiana Legislature

Immunity for damage, injury, or loss arising out of the exercise of an individual indigent defender board member’s official functions and duties except when caused by the gross negligence or willful misconduct. Also, increases the composition of the indigent defender board of Orleans Parish from not less than three nor more than seven to not less than three nor more than nine at the discretion of the criminal district court of Orleans Parish. (Amends R.S. 15:144(B); adds R.S. 9:2800.16)
HB 68 LaFleur; Act 326; Effective 8/15/06

If one political subdivision only acts as paymaster for another political subdivision, a master-servant or employer-employee relationship is not established and it shall not be liable for torts committed by the other political subdivision or its officers, officials, or employees. (Adds R.S. 42:1441.3(G))
HB 76 Ansardi; Act 138; Effective 6/2/06

Immunity for state, political subdivisions, or any public entity and their agents, employees, contractors, volunteers, or representatives for the death of or injury to a person or damage to property based on decisions or activities in the aftermath of hurricanes Katrina and Rita, except for gross negligence or willful misconduct.Additionally, no student, employee, volunteer, parent, or person attending or visiting a school within an area affected by hurricanes Katrina and Rita shall have a cause of action for damages against the local school district in the affected area for failure to warn, notify, remediate, clean-up, or repair, in its decisions or operations in the aftermath of hurricanes Katrina and Rita, except in the event of gross negligence or willful misconduct on the part of the school district in the affected area. Applies retroactively to 8/29/05. Expires on 8/28/08. (Adds R.S. 9:2800.16)
HB 892 Carter, K.; Act 402; Effective 6/15/06

Immunity for public bodies relative to the condition of public property following hurricanes Katrina and Rita. Except for gross negligence or willful and wanton misconduct, there shall be no cause of action based solely upon C.C. Art. 2317 and 2317.1 when the damage has arisen from hurricanes Katrina or Rita, including after-effects of either hurricane and post-hurricane restoration, repair, cleaning, and construction. Subsection supersedes and controls to the extent of conflict with any other provision of law. Applies retroactively to 8/26/05, and expires on 8/30/08. (Adds R.S. 9:2800(H))
SB 621 Murray; Act 545; Effective See Act