HLS 14RS-1118 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 617
BY REPRESENTATIVE ABRAMSON
CIVIL/DAMAGES: Provides a peremptive period for claims for certain damages
AN ACT1
To enact Code of Civil Procedure Article 893.1, relative to exemplary damages; to provide2
a peremptive period for certain actions for exemplary damages related to the storage,3
handling, or transportation of hazardous or toxic substances; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 893.1 is hereby enacted to read as7
follows: 8
Art. 893.1. Peremptive period; hazardous substance damages9
Any action for exemplary damages authorized by Act No. 335 of the 198410
Regular Session of the Legislature and by Act No. 302 of the 1990 Regular Session11
of the Legislature, that alleges the defendant's wanton or reckless disregard for public12
safety in the storage, handling, or transportation of hazardous or toxic substances,13
and that arises out of any alleged act or omission occurring on or after September 3,14
1984, and prior to April 16, 1996, shall be filed in a court of competent jurisdiction15
and proper venue on or before February 1, 2015. This period of limitation is a16
peremptive period within the meaning of Civil Code Article 3458 and, in accordance17
with Civil Code Article 3461, may not be renounced, interrupted, or suspended.18 HLS 14RS-1118 ORIGINAL
HB NO. 617
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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)]
Abramson HB No. 617
Abstract: Provides a peremptive period for an action for exemplary damages related to the
storage, handling, or transportation of hazardous or toxic substances.
Proposed law establishes a peremptive period within which any claim for exemplary
damages authorized by repealed law shall be filed.
Repealed law (C.C. Art. 2315.3) authorized an action for exemplary damages that resulted
from any act of a defendant's wanton or reckless disregard for public safety in the storage,
handling, or transportation of hazardous or toxic substances. Repealed law was enacted by
Act No. 335 of the 1984 R.S., amended by Act No. 302 of the 1990 R.S and repealed by Act
No. 2 of the 1996 1st Ex. Sess.
(Adds C.C.P. Art. 893.1)