HLS 14RS-1170 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. 618
BY REPRESENTATIVE ABRAMSON
CIVIL/DAMAGES: Provides a peremptive period for action for certain damages
AN ACT1
To amend and reenact the heading of Part III of Chapter 1 of Code Title XXIV of Title 9 of2
the Louisiana Revised Statutes of 1950 and to enact R.S. 9:5812, relative to3
exemplary damages; to provide a peremptive period for certain actions for exemplary4
damages related to the storage, handling, or transportation of hazardous or toxic5
substances; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. The heading of Part III of Chapter 1 of Code Title XXIV of Title 9 of the8
Louisiana Revised Statutes of 1950 is hereby amended and reenacted and R.S. 9:5812 is9
hereby enacted to read as follows: 10
PART III. ALTERATION OF PRESCRIPTIVE AND PEREMPTIVE PERIODS11
* * *12
ยง5812. Peremptive period; hazardous substance damages13
Any action for exemplary damages authorized by Act No. 335 of the 198414
Regular Session of the Legislature and by Act No. 302 of the 1990 Regular Session15
of the Legislature that alleges the defendant's wanton or reckless disregard for public16
safety in the storage, handling, or transportation of hazardous or toxic substances,17
and that arises out of any alleged act or omission occurring on or after September 3,18 HLS 14RS-1170 ORIGINAL
HB NO. 618
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
1984, and prior to April 16, 1996, shall be filed in a court of competent jurisdiction1
and proper venue on or before February 1, 2015. This period of limitation is a2
peremptive period within the meaning of Civil Code Article 3458 and, in accordance3
with Civil Code Article 3461, may not be renounced, interrupted, or suspended.4
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. 618
Abstract: Provide a peremptive period for an action for exemplary damages related to
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 1
st
Ex. Sess.
(Amends the heading of Part III of Ch. 1 of Code Title XXIV of Title 9 of the La. Revised
Statutes of 1950; Adds R.S. 9:5812)