Louisiana 2011 Regular Session

Louisiana Senate Bill SB184

Introduced
4/25/11  

Caption

Provides for the suspension of prescription under certain circumstances relating to the Deepwater Horizon oil spill. (gov sig)

Impact

The bill’s provisions would significantly affect the way legal claims are managed in the wake of large-scale environmental disasters. By instituting a suspension for specific legal deadlines from April 20, 2010, through September 30, 2011, SB184 is designed to ensure that affected parties can bring forth claims without the concern of missing legal time limits during a time of crisis. This could provide critical support for individuals and businesses impacted by the spill as they navigate the aftermath and seek compensation.

Summary

SB184 addresses the challenges presented by the Deepwater Horizon oil spill, which had a significant impact on Louisiana residents and entities. The bill proposes a suspension of certain legal deadlines, specifically prescriptive and peremptive periods, for claims related to the oil spill and its subsequent remediation efforts. The rationale behind this suspension stems from the ongoing investigations into responsible parties and the complexities surrounding the spill's repercussions, making it necessary to protect potential claims during this period.

Sentiment

The sentiment surrounding SB184 appears to be largely supportive, as it aims to alleviate the potential burdens on citizens and local entities facing complex legal scenarios arising from the disaster. By framing the legislation as a remedial and curative measure, proponents highlight its purpose in preventing injustices that could occur if legal deadlines were strictly enforced. However, there may be varying degrees of concern regarding its retroactive application, as this aspect could raise questions about the implications for existing legal frameworks.

Contention

Notable points of contention include the scope of the bill's retroactive application and its implications for existing laws within the Louisiana Civil Code. While many legislators support the bill due to its intended protections for victims of the oil spill, there are concerns about preemption of other legal statutes. The bill emphasizes fairness and the importance of addressing the unique challenges posed by the spill, ensuring that affected parties maintain the right to pursue justice and compensation without being hindered by regulatory deadlines that may not account for extraordinary circumstances.

Companion Bills

No companion bills found.

Previously Filed As

LA SB272

Provides for the deposit and use of certain proceeds of the Deepwater Horizon economic damages settlement. (gov sig) (EG +$53,333,333 GF RV See Note)

LA SB4

Provides for the deposit and use of certain receipts of the Deepwater Horizon Economic Damages Settlement. (gov sig) (EN SEE FISC NOTE SD RV See Note)

LA HB1241

Provides for deposits of monies from certain settlement proceeds as a result of the Deepwater Horizon oil spill into the Budget Stabilization Fund and the Medicaid Trust Fund for the Elderly (EG DECREASE GF RV See Note)

LA SB658

Provides for deposits of monies from certain settlement proceeds as a result of the Deepwater Horizon oil spill into the Budget Stabilization Fund and the Medicaid Trust Fund for the Elderly. (7/1/14) (OR DECREASE GF RV See Note)

LA HB399

Provides relative to suspension or extension of prescription, peremption, and certain legal deadlines

LA SB109

Provides for the suspension and extension of prescription and peremption due to 2016 flooding disaster. (gov sig)

LA SCR74

Commends the first responders of Louisiana for their swift action to combat the Deepwater Horizon oil spill in the Gulf of Mexico.

LA HB679

Provides relative to suspension or extension of prescription, peremption, and certain legal deadlines

LA HB37

Reduces the length of time DPS&C is required to retain certain records and provides relative to certain records related to the Deepwater Horizon oil spill (EN SEE FISC NOTE GF EX See Note)

LA HB805

Provides for the suspension of prescription

Similar Bills

CA AB2789

Health care practitioners: prescriptions: electronic data transmission.

CA AB852

Health care practitioners: electronic prescriptions.

CA AB149

Controlled substances: prescriptions.

TX HB2246

Relating to certain procedures applicable to electronic prescriptions for Schedule II controlled substances.

TX SB594

Relating to the regulation of prescriptions for controlled substances, including certain procedures applicable to electronic prescriptions for Schedule II controlled substances.

TX HB2766

Relating to electronic and other controlled substance prescriptions under the Texas Controlled Substances Act; authorizing a fee.