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Regular Session, 2011
SENATE BILL NO. 184
BY SENATOR CROWE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PRESCRIPTION. Provides for the suspension of prescription under certain circumstances
relating to the Deepwater Horizon oil spill. (gov sig)
AN ACT1
To enact Part V of Chapter 1 of Code Title XXIV of Code Book III of Title 9 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:5826 and 5827,3
relative to the effect of obligations during certain emergencies and disasters; to4
provide relative to suspension of certain prescription and peremptive periods; to5
provide relative to the extension of certain prescription and peremptive periods; to6
provide relative to circumstances related to the Deepwater Horizon oil spill and7
effects; to provide for retroactive application; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Part V of Chapter 1 of Code Title XXIV of Code Book III of Title 9 of10
the Louisiana Revised Statutes of 1950, comprised of R.S. 9:5826 and 5827, is hereby11
enacted to read as follows:12
PART V. SUSPENSION OR EXTENSION OF13
PRESCRIPTION, PEREMPTION, AND OTHER LEGAL14
DEADLINES RELATING TO THE DEEPWATER HORIZON OIL SPILL15
§5826. Purpose16
The legislature finds that the Deepwater Horizon rig explosion and oil17 SB NO. 184
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
spill created an emergency with statewide impact upon the residents and public1
and private entities of this state. Since investigations are still ongoing2
concerning potentially liable responsible parties and since all of the3
consequences of the explosion, oil spill and cleanup and remediation efforts may4
not be readily known for some time, it is necessary that certain prescriptive and5
peremptive periods be suspended or extended in order for potential claims to6
be protected. This Part is enacted for the benefit and protection of the state as7
a whole and its citizens, and to prevent injustice, inequity, and undue hardships8
and injuries to persons and entities which may become apparent after otherwise9
applicable prescriptive and peremptive periods. Therefore, this Chapter shall10
be liberally construed to effect its purposes.11
§5827. Suspension and extension of certain prescription and peremption12
periods; exceptions13
A. Prescriptive and peremptive periods for any right, cause, claim or14
action arising from the explosion of the Deepwater Horizon drilling rig, and15
remediation and cleanup efforts, shall be subject to a limited suspension and/or16
extension during the time period of April 20, 2010 through September 30, 2011;17
however, the suspension and/or extension of these periods shall be limited and18
shall apply only if these periods would have otherwise lapsed during the time19
period of April 20, 2010 through September 30, 2011. This limited suspension20
and/or extension shall terminate on September 30, 2021, and any right, claim,21
cause or action which would have expired during the time period of April 20,22
2010 through September 30, 2011 shall lapse on November 1, 2021.23
B. The provisions of Subsection A shall not apply to any matter24
concerning the prescription of nonuse applicable to mineral servitudes, mineral25
royalty interests, and executive rights, and shall be governed by the Louisiana26
Mineral Code and are not subject to the suspension provisions in this Section.27
Section 2. The provisions of this Act shall preempt and supercede but not repeal any28
conflicting provision of the Civil Code or any other provision of law to the extent that such29 SB NO. 184
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provision conflicts with the provisions of this Act.1
Section 3. This Act is declared to be remedial, curative, and procedural and,2
therefore, is to be applied retroactively as well as prospectively.3
Section 4. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Proposed law, relative to claims and actions arising from the Deepwater Horizon oil spill
event, creates a limited suspension of all prescription and peremptive periods from April 20,
2010 through September 30, 2011, with certain exceptions.
Proposed law provides that this limited suspension of prescription shall apply only to a
prescriptive or peremptive period which would have otherwise expired during the period
from April 20, 2010 through September 30, 2011.
Proposed law provides that this limited suspension shall terminate on September 30, 2021,
and any right, claim, or action which was suspended shall lapse on November l, 2021.
Proposed law provides that the mineral code shall govern all matters concerning the
prescription of nonuse applicable to mineral servitudes, mineral royalty interests, and
executive rights.
Proposed law provides that its provisions shall preempt and supersede but not repeal any
conflicting provisions of law.
Proposed law provides that its provisions are remedial, curative, and procedural and shall
be applied retroactively as well as prospectively.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 9:5826 and 5827)