HLS 11RS-105 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 389
BY REPRESENTATIVES CONNICK AND LIGI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LIABILITY: Provides for certain releases related to the BP oil spill
AN ACT1
To enact R.S. 9:2777, relative to releases; to provide for the application of Louisiana law;2
and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 9:2777 is hereby enacted to read as follows: 5
ยง2777. Release of claims related to the BP oil spill; application of law6
Notwithstanding any contractual provision to the contrary, the laws of the7
state of Louisiana shall apply to and govern any settlement or release relating to the8
British Petroleum Oil Spill or any services incidental thereto, which occur in this9
state. Any provision, clause, covenant, or agreement which conflicts with the10
provisions of this Section shall be null, void, and unenforceable.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval. 16 HLS 11RS-105 ENGROSSED
HB NO. 389
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Connick HB No. 389
Abstract: Provides that certain releases of claims relating to the BP oil spill shall be
governed by Louisiana law.
Proposed law provides that the laws of this state shall apply to and govern any release,
waiver, or agreement to be performed in this state related to the BP oil spill.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 9:2777)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Deleted the provision regarding the effect of contractual provisions purporting
to settle or release any claims and rights to future medical care and related
benefits related to the BP oil spill.
2. Deleted the nullification of these settlements as to future medical claims and
related benefits for any illness or disease discovered after the execution of the
settlement or release medically proven to be caused by the BP oil spill.
3. Deleted the nullification of any settlement or release which prohibited the
assignment or transfer of any future medical care or related benefits for any
latent illness or disease medically proven to be caused by the BP oil spill.
4. Deleted the retroactive application of proposed law.