2017 Regular Session ENROLLED
SENATE BILL NO. 109
BY SENATOR CLAITOR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To enact Part V of Chapter 1 of Code Title XXIV of Code Book III of Title 9 of the
3 Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:5826 and 5827,
4 relative to prescription; to provide relative to peremptive and prescriptive deadlines;
5 to provide relative to legal deadlines; to provide for applicability; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Part V of Chapter 1 of Code Title XXIV of Code Book III of Title 9 of
9 the Louisiana Revised Statutes of 1950, comprised of R.S. 9:5826 and 5827, is hereby
10 enacted to read as follows:
11 §5826. Purpose
12 In response to the widespread flooding and power outages that occurred
13 in August of 2016, the governor of this state issued Executive Orders JBE
14 2016-53, 57, and 66, which, among other things, purport to suspend or extend
15 certain prescriptive periods and peremptive periods. The legislature finds that
16 it is necessary to provide for a clear termination of any suspension or extension
17 of prescriptive periods and peremptive periods created by these executive
18 orders in order to preserve a fair and consistent application of the laws of
19 prescription and peremption.
20 §5827. Suspension and extension of prescription and peremption; 2016
21 flooding disaster
22 In accordance with Executive Orders JBE 2016-53, 57, and 66, all
23 prescriptive periods, including liberative, acquisitive, and the prescription of
24 nonuse, and all peremptive periods were suspended or extended for a period
ACT No. 186
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 109 ENROLLED
1 beginning August 12, 2016, and ending September 30, 2016. To the extent that
2 any prescriptive period or peremptive period would have run on or before
3 September 30, 2017, but for the suspension or extension of the period pursuant
4 to the Executive Orders JBE 2016-53, 57, and 66, the prescriptive or peremptive
5 period will be deemed to have run upon the earlier of: (1) the date calculated
6 pursuant to Louisiana Civil Code Article 3472, or (2) September 30, 2017. The
7 suspension and extension of prescriptive periods and peremptive periods
8 contained in Executive Orders JBE 2016-53, 57, and 66 shall not apply to any
9 prescriptive period or peremptive period accruing on or after October 1, 2017.
10 Section 2. This Act shall become effective upon signature by the governor or, if not
11 signed by the governor, upon expiration of the time for bills to become law without signature
12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
13 vetoed by the governor and subsequently approved by the legislature, this Act shall become
14 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.