HLS 19RS-391 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 197
BY REPRESENTATIVE FOIL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTRACTS: Prohibits certain nondisclosure agreements in settlements involving the
payment of public funds
1 AN ACT
2To enact R.S. 13:5109.1, relative to the settlement of certain claims; to provide relative to
3 claims based upon allegations of sexual harassment or sexual assault; to provide for
4 prohibitions of the use of certain terms of settlement agreements; to provide for
5 definitions; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:5109.1 is hereby enacted to read as follows:
8 ยง5109.1. Settlement of claims; prohibited terms
9 A. No settlement agreement of a claim against the state, a state agency, a
10 political subdivision, or any employee or officer of the state, a state agency, or a
11 political subdivision shall contain a provision prohibiting the disclosure by the
12 claimant of the terms of or the facts associated with the underlying claim of the
13 settlement agreement when the underlying claim is based on an allegation of sexual
14 harassment or sexual assault of the claimant and public funds are paid, in whole or
15 in part, as satisfaction of the terms of the settlement agreement.
16 B.(1) "Sexual assault" means any nonconsensual sexual contact including but
17 not limited to any act provided in R.S. 15:541(24) or obscenity as provided by R.S.
18 14:106.
19 (2) "Sexual harassment" means unwelcome sexual advances, requests for
20 sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-391 ENGROSSED
HB NO. 197
1 when the conduct explicitly or implicitly affects an individual's employment or the
2 holding of office, unreasonably interferes with an individual's work performance, or
3 creates an intimidating, hostile, or offensive work environment.
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)]
HB 197 Engrossed 2019 Regular Session Foil
Abstract: Prohibits nondisclosure agreements in a settlement agreement arising from a
claim of sexual harassment or sexual assault when public funds are paid as
satisfaction of the terms of the settlement agreement.
Proposed law prohibits a settlement agreement from containing a provision prohibiting the
disclosure by the claimant of the terms of or the facts associated with the underlying claim
of the settlement agreement when:
(1)The underlying claim is against the state, a state agency, a political subdivision, or
any employee or officer.
(2)The claim is based on an allegation of sexual harassment or sexual assault of the
claimant.
(3)Public funds are paid as satisfaction of the terms of the settlement agreement.
Proposed law provides definitions for "sexual assault" and "sexual harassment".
(Adds R.S. 13:5109.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Make technical changes.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.