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LD 1667

Resolve, To Allow Hemphill Farms, Inc. To Sue The State

132nd Legislature (2025-2026) Introduced by Roger Albert and 6 co-sponsors

Allows Hemphill Farms to sue the state for damages up to $400,000 from a Department of Agriculture action, with the AG defending the claim.

Became Law without Governor's Signature
#hemphillfarms #tortclaimsagainstgovernments #torts
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Bill Summary · LD 1667

Summary — LD 1667: Resolve, To Allow Hemphill Farms, Inc. To Sue the State

Status: HELD BY THE GOVERNOR (received by Governor after legislative passage; action held as of 2025-07-08)
Introduced: 2025-04-17
Final legislative action: Finally passed in concurrence (June 17–18, 2025) after adoption of amendments

Purpose / Intent

LD 1667 is a resolve that waives the State’s sovereign immunity for a single, specified claim: it authorizes Hemphill Farms, Inc. to bring a civil action for damages against the Department of Agriculture, Conservation and Forestry (and thus effectively the State) relating to specified actions taken by that Department.

Key provisions

  • Grants Hemphill Farms, Inc. the legal authority to sue the Department of Agriculture, Conservation and Forestry for damages arising from specified departmental actions (the underlying facts are not detailed in the fiscal notes).
  • Caps any award of damages at $400,000. (Earlier draft language set a cap of $2,500,000; a subsequent amendment reduced this cap to $400,000.)
  • States that payment of any award will follow standard funding sources for state liabilities: under the assumption in the fiscal note the first $400,000 would come from the Risk Management Self‑Insurance Fund; amounts above $400,000 would have come from the General Fund — but because the cap is $400,000, General Fund exposure was removed by amendment.
  • Directs that the Department of the Attorney General will defend the claim; the AG’s office can absorb defense costs within its existing budget, per the fiscal notes.

Who is affected

  • Hemphill Farms, Inc.: gains the right to pursue a civil claim against the State.
  • Department of Agriculture, Conservation and Forestry: named defendant in the authorized suit.
  • State financial accounts: potential liability limited to up to $400,000 charged to the Risk Management Self‑Insurance Fund (no anticipated General Fund payment after the cap reduction).
  • Judicial system: may see a small increase in civil filings related to this authorized action; expected to be minimal and manageable within existing court resources.
  • Department of the Attorney General: will defend the action within current resources.

Fiscal impact

  • Potential increase to the Risk Management Self‑Insurance Fund of up to $400,000 if an award is made or a settlement reached.
  • Earlier versions indicated possible General Fund exposure for awards above $400,000; Senate amendment reducing the cap to $400,000 removed that potential General Fund cost.
  • Any additional court filing fees would be nominal and increase General Fund revenue by a minor amount.
  • Timing and amount of payments depend on when and how the suit is resolved.

Legislative and procedural timeline (selected)

  • Referred to Judiciary Committee (4/17/2025); work session and divided report (5/09/2025).
  • Committee Amendment A (S‑406) and Senate Amendment A (S‑422 to S‑406) adopted (6/17/2025).
  • Finally passed by the Legislature in concurrence (6/17–18/2025).
  • Sent to the Governor; as of 2025-07-08 the measure is held by the Governor.

Notes

  • This resolve is a narrowly tailored waiver of immunity allowing a specific private party to sue the State in connection with particular governmental actions; it does not create a general right for other parties to sue beyond the scope of the resolve.

Compiled from official sources — confirm details with the bill’s official record.

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