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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 546
BY SENATOR ADLEY
CIVIL PROCEDURE. Provides relative to preemption of civil actions against certain
permittees of the state. (gov sig)
AN ACT1
To enact Part IV-A of Chapter 1 of Subtitle 1 of Title 30 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 30:55, relative to minerals, oil and gas, and3
environmental quality; to provide relative to political subdivisions and other local4
governing authorities; to prohibit certain claims and actions by political subdivisions5
and other local governing authorities as preempted and precluded by state law; to6
provide certain terms, conditions, procedures, requirements, exceptions, and effects;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Part IV-A of Chapter 1 of Subtitle 1 of Title 30 of the Louisiana Revised10
Statutes of 1950, to be comprised of R.S. 30:55, is hereby enacted to read as follows:11
PART IV-A: PREEMPTION BY STATE OF CERTAIN CLAIMS12
ยง55. Preemption of certain actions by political subdivision or local government13
subdivision14
A. The governing authority of any political subdivision or local15
governmental subdivision of the state shall be precluded and preempted from16
making any claim or bringing suit to recover damages to property or seek17 SB NO. 546
SLS 14RS-636 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
injunctive relief arising from the lawful activities of an oil and gas permittee of1
the state relating to the activities set forth in Subsection B. The authority to2
bring such claims or actions shall be reserved exclusively to the state.3
B. This Section shall apply to activities requiring a coastal use permit4
from the state for the exploration, production, and transportation of oil, gas,5
and other minerals, including all dredge and fill uses associated therewith, and6
all pipelines used for the gathering, transportation or transmission of oil, gas,7
and other minerals.8
C. The provisions of this Section shall not apply to a claim or action by9
a natural or juridical person who is not acting in an official capacity on behalf10
of a political subdivision or local governmental subdivision.11
D. The provisions of this Section shall be given retroactive application12
to all claims existing or actions pending on its effective date.13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Adley (SB 546)
Proposed law provides that the governing authority of any political subdivision or local
governmental subdivision of the state shall be precluded and preempted from making any
claim or bringing suit to recover damages to property or seek injunctive relief arising from
the lawful activities of an oil and gas permittee of the state relating to the activities set forth
in proposed law. Proposed law further provides that the authority to bring such claims or
actions shall be reserved exclusively to the state.
Proposed law further provides that proposed law shall apply to activities requiring a coastal
use permit for the exploration, production, and transportation of oil, gas, and other minerals,
including all dredge and fill uses associated therewith, and all pipelines used for the
gathering, transportation, or transmission of oil, gas, and other minerals.
Proposed law further provides that proposed law shall not apply to a claim or action by a
natural or juridical person who is not acting in an official capacity on behalf of a political
subdivision or local governmental subdivision. SB NO. 546
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that proposed law shall be given retroactive application to all claims
existing or actions pending on its effective date.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 30:55)