Louisiana 2021 2021 Regular Session

Louisiana House Bill HB111 Introduced / Bill

                    HLS 21RS-507	ORIGINAL
2021 Regular Session
HOUSE BILL NO. 111
BY REPRESENTATIVE CREWS
APPROPRIATIONS/JUDGMENT:  Appropriates funds for payment of consent judgment
against the state in the suit entitled "Jacquelyn R. O'Brien versus Mastec North
America, Inc., et al c/w Travis Gerace et al versus Westley Eugene Worley et al c/w
Daniel Joseph O'Brien, Jr., et al versus Westley Eugene Worley, et al c/w Lonnie P.
Fontenot versus Westley Worley, et al c/w John May, III and Steven Guillory, II
versus Ace American Insurance Company et al"
1	AN ACT
2To appropriate monies out of the state general fund for Fiscal Year 2020-2021 to be used to
3 pay the March 3, 2020, consent judgment between the State of Louisiana, through
4 the Department of Transportation and Development and Travis Grace and Teryl
5 Gene Gerace in the suit entitled "Jacquelyn R. O'Brien versus Mastec North
6 America, Inc., et al c/w Travis Gerace and Teryl Gene Gerace, Individually and o/b/o
7 Roma Hooks O'Brien  versus Westley Eugene Worley, Mastec North America, Inc.,
8 Ace American Ins. Co. Steven Antoine Guillory, II John P. May, III, Louisiana Farm
9 Bureau Casualty Ins. Co. and State Farm Mutual Automobile Insurance Co. c/w
10 Daniel Joseph O'Brien, Jr., Dustin Blake O'Brien, Dylan Blaine O'Brien, and Leslie
11 Dewayne O'Brien, Individually and On Behalf Of the Estate of Daniel Joseph
12 O'Brien, Sr. versus Westley Eugene Worley, Mastec North America, Inc., and Ace
13 American Insurance Company c/w Lonnie P. Fontenot versus Westley Worley,
14 Mastec North America, Inc., Ari Fleet LT, and Ace American Insurance Company
15 c/w John May, III and Steven Guillory, II versus Ace American Insurance Company,
16 Westley Worley and Mastec North America, Inc.";  to provide for an effective date;
17 and to provide for related matters.
18Be it enacted by the Legislature of Louisiana:
19 Section 1.  The sum of Fifty Thousand and No/100 ($50,000.00) Dollars is hereby
20payable out of the State General Fund (Direct) for Fiscal Year 2020-2021 for payment of the
Page 1 of 3 HLS 21RS-507	ORIGINAL
HB NO. 111
1March 3, 2020, consent judgment between the State of Louisiana, through the Department
2of Transportation and Development and Travis Grace and Teryl Gene Gerace in the
3combined suit entitled "Jacquelyn R. O'Brien versus Mastec North America, Inc., et al c/w
4Travis Gerace and Teryl Gene Gerace, Individually and o/b/o Roma Hooks O'Brien  versus
5Westley Eugene Worley, Mastec North America, Inc., Ace American Ins. Co. Steven
6Antoine Guillory, II John P. May, III, Louisiana Farm Bureau Casualty Ins. Co. and State
7Farm Mutual Automobile Insurance Co. c/w Daniel Joseph O'Brien, Jr., Dustin Blake
8O'Brien, Dylan Blaine O'Brien, and Leslie Dewayne O'Brien, Individually and On Behalf
9Of the Estate of Daniel Joseph O'Brien, Sr. versus Westley Eugene Worley, Mastec North
10America, Inc., and Ace American Insurance Company c/w Lonnie P. Fontenot versus
11Westley Worley, Mastec North America, Inc., Ari Fleet LT, and Ace American Insurance
12Company c/w John May, III and Steven Guillory, II versus Ace American Insurance
13Company, Westley Worley and Mastec North America, Inc.", bearing Numbers 48068
14Division "C", 48,279 Division "C", 48344 Division "D", 48,392 Division "D", and 48419
15Division "D" on the docket of the 18
th
 Judicial District Court, parish of Pointe Coupee, state
16of Louisiana.
17 Section 2.  A judgment may only be paid from this appropriation if it is final and
18shall be paid as to principal, interest, court costs, and expert witness fees as awarded in the
19judgment.  If the provisions of the judgment conflict with the provisions of this Act, the
20provisions of the judgment shall be controlling.  Any other provision of this Act not in
21conflict with the provisions of a judgment shall control.  Payment shall be made only after
22presentation to the state treasurer of documentation required by the state treasurer.  Further,
23the judgment shall be deemed to have been paid on the effective date of this Act, and interest
24shall cease to run as of that date.  
25 Section 3.  This Act shall become effective upon signature by the governor or, if not
26signed by the governor, upon expiration of the time for bills to become law without signature
27by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
28vetoed by the governor and subsequently approved by the legislature, this Act shall become
29effective on the day following such approval.
Page 2 of 3 HLS 21RS-507	ORIGINAL
HB NO. 111
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 111 Original 2021 Regular Session	Crews
Appropriates $50,000 out of the State General Fund (Direct) for FY 2020-2021 for payment
of the consent judgment between the State of Louisiana, through the Department of
Transportation and Development and Travis Grace and Teryl Gene Gerace in the combined
suit entitled "Jacquelyn R. O'Brien versus Mastec North America, Inc., et al c/w Travis
Gerace et al versus Westley Eugene Worley et al c/w Daniel Joseph O'Brien, Jr., et al versus
Westley Eugene Worley, et al c/w Lonnie P. Fontenot versus Westley Worley, et al c/w John
May, III and Steven Guillory, II versus Ace American Insurance Company et al", bearing
Nos. 48068 Div. "C", 48,279 Div. "C", 48344 Div. D, 48,392 Div. "D", and 48419 Div. "D"
on the docket of the 18th JDC, parish of Pointe Coupee.
Proposed law provides requirements for payment from the state treasury.  Provides
contingencies in case of conflict between judgment and proposed law.  Prohibits accrual of
interest on the judgment as of the effective date of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
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