Provides relative to suspension or extension of prescription, peremption, and certain legal deadlines
Impact
If enacted, HB 399 would directly impact statutory regulations regarding prescription and peremption in Louisiana. It would detail the procedures for how and under what conditions these periods could be suspended or extended, particularly relating to legal actions affected by the flooding. The legislation aims to ease the legal burden on those who might miss deadlines due to circumstances beyond their control, therefore providing a necessary safeguard for those affected by the disaster. However, there are restrictions in place to ensure this is a temporary solution, as the extensions are limited to a specific time frame and do not apply to all areas of law.
Summary
House Bill 399 addresses the need for adjustments to legal timelines as a response to the widespread flooding and its aftermath which occurred in August 2016. This bill proposes the suspension or extension of prescriptive and peremptive periods, as well as certain legal deadlines, which were disrupted due to the natural disaster. The rationale for the bill includes acknowledging the challenges that the flooding posed to the judicial system, including the closure of courts and the displacement of legal entities in affected areas. By providing a legal framework for these extensions, it aims to mitigate the adverse impacts of the disaster on individuals and businesses seeking to enforce their legal rights.
Sentiment
The sentiment surrounding HB 399 is generally supportive among legislators and stakeholders who recognize the necessity of adapting legal timelines to account for extraordinary circumstances like natural disasters. By establishing a clear policy for legal extensions, proponents argue that it offers essential relief to those impacted by the flooding, ensuring access to justice is maintained. Conversely, there may be some concerns regarding the parameters of the extensions and the potential for abuse or complications arising from the interpretation of such legal timelines.
Contention
Notable points of contention may arise regarding the limitations imposed by HB 399, such as its applicability specifically to deadlines that would have lapsed within a defined period after the flooding. Stakeholders may debate the effectiveness of these provisions in providing relief and whether the restrictions may inadvertently exclude some individuals or cases that are genuinely affected by the disaster. Additionally, the requirement for a contradictory hearing before any extensions can be granted may raise concerns about the administrative burden it places on the courts during an already challenging recovery period.
Provides for the suspension of all civil prescriptive, peremptive, filing, and other deadlines in response to the COVID-19 Public Health Emergency declared by the governor
Relating to the regulation of prescriptions for controlled substances, including certain procedures applicable to electronic prescriptions for Schedule II controlled substances.