Program Authorization: General: La. Constitution, Article IV, Section 8; R.S.36:704(D) (Civil Division); R.S. 36:704(C) (Public Protection Division).

PROGRAM DESCRIPTION

The mission of the Civil Law Program is to serve the citizens of the State of Louisiana through courteous and competent employees; and to provide superior legal representation and prompt and accurate legal advice and information on behalf of the State of Louisiana and to all clients of the program in the general areas of civil law and public protection.

The goal of the Civil Law Program is to provide superior legal service and public protection services on behalf of the State of Louisiana through the Civil Division and Public Protection Division.

The Civil Program includes two activities (expressed as organizational divisions): the Civil Division and the Public Protection Division.

The Civil Division defends the Constitution and laws of the State of Louisiana and provides information and legal services in the areas of general civil law, public finance and contract law, education law, land and natural resource law, and collection law. The Civil Division is composed of the Collections Section, Education/Interagency Transfer Section, Governmental Litigation Section, Lands and Natural Resources Section, and Public Finance and Contracts Section.

• The Governmental Litigation Section represents the state in constitutional challenges to state statutes and laws, as well as defense of state agencies and elected officials in civil claims where torts are not involved. Section attorneys practice before all courts of the State of Louisiana and of the United States. This section generally performs legal services for state and local officials in the form of rendering advisory opinions, telephone discussions, and the defense and prosecution civil litigation. (Examples of past litigation include the defense of Louisiana's age-21 drinking law and defense of the state's open primary law regarding federal election day, which was heard by the U.S. Supreme Court.) Opinions rendered cover a broad spectrum of questions--open meetings, public records, dual office holding, compliance with state law, and other topics. This section assists other department sections in litigation matters and represents a number of state boards and commissions, including the Board of Chiropractic Examiners, the Cemetery Board, the Pharmacy Board, the Veterinarian Board, and other selected boards in litigation matters, and provides hearing officers for various entities. The section handles election cases both independently and in conjunction with other state officials and submits state laws for administrative approval under Section 5 of the federal Voting Rights Act. The section also provides legal representation, renders advice, and prepares educational publications for the state's justices of the peace and constables.

• The Collections Section represents Louisiana's 16 public colleges and universities, the State Department of Education, the Board of Regents, and the Office of Student Financial Assistance in the collection and litigation of defaulted educational loans/benefits. Over 15,930 accounts valued in excess of $52.3 million are currently placed for collection. The section is totally reliant upon self-generated revenues for its operations.

• The Education/Interagency Transfer Section represents the Board of Elementary and Secondary Education, the Board of Regents, the State Department of Education, and various other public agencies on education-related litigation. This section has responsibility for the defense of the constitutionality of almost $2 billion in Minimum Foundation Program funding alleged to be inadequately and inequitably funded. This section represents public officials in various other litigation involving, for example, constitutionality of exit exams, administration of medication at schools and various challenges to state aid for parochial schools. The Education Section responds to requests for opinions from various state and local education boards on issues related to elementary, secondary, and higher education and represents the Board of Regents concerning higher education desegregation litigation.

• The Lands and Natural Resources Section advises and renders legal support to state agencies, levee boards, commissions, and other political subdivisions pertaining to lands, water bottoms, boundaries, accretion and erosion, oil and gas, public rights of use and access, sale and acquisition of lands, expenditure of public funds, and related activities. It defends the title of the state and its political subdivisions to land and water bottoms and safeguards the interests of the state in lands and mineral transactions involving publicly owned lands and water bottoms. This work involves the defense of claims and actions to protect public property valuable to the state for oil, gas, mineral production and recreational purposes, including boundary claims related to both river action and accretion and related oil and gas production. An important function of the section is the recovery of claims against oil and gas leases for improper payment or underpayment of royalties from production due on state leases. Additionally, the staff handles claims and litigation involving federal revenues generated from Outer Continental Shelf activities pursuant to federal law. Agencies and political subdivisions served by this section include: the Division of Administration, the Departments of Culture, Recreation and Tourism, Natural Resources, Transportation and Development, and Wildlife and Fisheries, all state universities, the Board of Trustees for State Colleges and Universities, the State Military, assessors, district attorneys, levee boards, and the Louisiana Offshore Oil Port. The section pursues audit cases turned over by the Department of Natural Resources. When litigation is filed against oil companies, based upon underpayment of royalties, section lawyers pursue the claim on behalf of the state. In some major litigation (for example, the litigation against Texaco), Department of Justice attorneys serve as case managers and supervise a variety of expert firms. On other audits (for example, the Chevron audit), in-house attorneys do the legal work involved. Most cases undertaken are complex, paper-intensive, and require a variety of experts.

• The Public Finance and Contracts Section enables department attorneys to specialize and provide competent, professional representation of statewide elected officials as well as other state boards and commissions (such as the State Bond Commission, the Louisiana Housing Finance Authority, the Architects Selection Board, the Engineers Selection Board, and the Office Facilities Corporation). This section has responsibility for the preparation or review of all legal documents required for issuance of state general obligation bonds and state revenue anticipation notes. It reviews revenue bond issues of the state, including issues of the Transportation Trust Fund and the Office Facilities Corporation. This section provides counsel to the State Bond Commission (which entails reviewing all items brought before the commission and responding to questions and concerns of the members and staff on all areas of finance law). It provides legal assistance to the Division of Administration in connection with the acquisition of real estate and preparation of the capital outlay bill as well as cooperative endeavor agreements between the state and nonstate entities funded through the capital outlay act. Opinions rendered by this section center around areas of taxation, public finance, public bid law, and contracts. This section also prepares legal services contracts and representation agreements on behalf of the Department of Justice; approves professional legal services contracts entered into by state agencies, boards, and commissions; and approves the employment of special counsel by political subdivisions. Further, this section processes state employee wage garnishments

The Public Protection Division asserts and protects the State of Louisiana's interest by providing legal services in the general areas of consumer protection/environmental law, fair housing law, and insurance receivership law. The Public Protection Division is composed of the Consumer Protection/Environmental Section, the Insurance and Securities Section, and the Equal Opportunity Section.

• The Consumer Protection/Environment Section has the responsibilities of enforcing consumer protection laws in Louisiana and serving as a public trustee in connection with conserving, protecting, and replenishing Louisiana's natural resources.

• The Insurance and Securities Section has direct involvement in and primary knowledge of every insurance liquidation in Louisiana. This section performs legal work, supervises contract counsel, and works with the Department of Insurance. Staff personnel conduct research in insolvency cases and maintain a proactive position in the area of insurance litigation. This section reviews legal bills of contract attorneys, incorporates terms of engagements and development with contract attorneys and the Department of Insurance case management plans for each liquidation. The section relies totally upon self-generated revenues for its operation.

• The Equal Opportunity Section is responsible for the administration and enforcement of the Louisiana Open Housing Act, as well as the representation of the Louisiana Commission on Human Rights (LCHR). The section is active in investigations, conciliations, and judicial enforcement. Staff personnel cooperate with the federal government in the enforcement of the federal Fair Housing Act, and assist and represent the LCHR in the enforcement of statutes prohibiting discrimination in public accommodation and the workplace. The section conducts extensive outreach programs throughout the state to inform Louisiana citizens of their rights regarding the renting and/or purchasing of dwellings under the Louisiana Open Housing Act and the federal Fair Housing Act.

OBJECTIVES AND PERFORMANCE INDICATORS

Unless otherwise indicated, all objectives are to be accomplished during or by the end of FY 1999-2000. Performance indicators are made up of two parts: name and value. The indicator name describes what is being measured. The indicator value is the numeric value or level achieved within a given measurement period. For budgeting purposes, performance indicator values are shown for the prior fiscal year, the current fiscal year, and alternative funding scenarios (continuation budget level and Executive Budget recommendation level) for the ensuing fiscal year (the fiscal year of the budget document).

RESOURCE ALLOCATION FOR THE PROGRAM

SOURCE OF FUNDING

This program is funded from the State General Fund, Interagency Transfers, Fees and Self-generated Revenues and Federal Funds. Fees and Self-generated Revenues are derived from fees charged for the collection of delinquent student loans. Interagency Transfers are derived from various state agencies for legal services. Federal Funds are derived from the Department of Housing and Urban Development for the Administration and Enforcement of the Louisiana open housing law.

ANALYSIS OF RECOMMENDATION

The total means of financing for this program is recommended at 108.3% of the existing operating budget. It represents 110.3% of the total request ($8,379,488) for this program. The net increase in funding is due primarily to adjustments provided for salaries for both attorney and non-attorney positions, and for the additional funding for the Consumer Protection Section, including 3 positions, for Multi-State legal actions.

PROFESSIONAL SERVICES

OTHER CHARGES

ACQUISITIONS AND MAJOR REPAIRS

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