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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, 2010
SENATE BILL NO. 646
BY SENATOR HEBERT
PUBLIC CONTRACTS. Authorizes certain parishes to provide excavation equipment to
parish residents for drainage maintenance and improvement. (1/1/11)
AN ACT1
To enact R.S. 33:1236.29, relative to municipalities and parishes; to authorize a pilot2
program for certain parishes; to provide excavation equipment to parish residents for3
drainage maintenance and improvement; to provide for criteria for such agreement;4
to provide for limitation of liability; to provide for program effective and termination5
dates; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 33:1236.29 is hereby enacted to read as follows: 8
ยง1236.29. Excavating equipment pilot program; parishes9
A. In parishes having populations in excess of forty-eight thousand five10
hundred persons but not more than seventy-three thousand five hundred11
persons, based on the latest federal decennial census, a pilot program may be12
established in accordance with the provisions of this Section, that provides for13
the creation of a cooperative endeavor between a parish governing authority14
and its residents in an effort to improve drainage infrastructure in the parish.15
B. A pilot program, authorized by the provision of this Section, shall be16
limited to the following criteria:17 SB NO. 646
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) A project involving the reclamation, maintenance and improvement1
of parish drainage systems crossing or located on property located in the parish.2
(2) The parish authority may rent and shall insure the excavation3
equipment.4
(3) The operator shall demonstrate his proficiency at the operation of5
the excavation equipment to the satisfaction of the parish governing authority6
and shall provide a hold harmless agreement to protect and indemnify the7
parish from any liability arising from the use or any other factor attributable8
to the operator's use of the equipment.9
(4) The parish governing authority and the operator shall develop and10
agree to any logistical requirement and operational timelines and any other11
item deemed necessary by the parish governing authority before the execution12
of the cooperative endeavor and operation of the excavation equipment is13
permitted.14
C. For the purposes of this Section, an operator of excavation equipment,15
as provided for in Paragraph (3) of Subsection B, shall not be considered a16
"public servant" pursuant to the provisions of Chapter 15 of Title 42 of the17
Louisiana Revised Statutes of 1950.18
D. For the purposes to this Section, "excavation equipment" means any19
of a number of power-driven machines used to dig, move and transport earth,20
gravel, or similar substances.21
E. The provisions of this Section shall be applicable, operable, and22
effective for the period January 1, 2011 through January 1, 2012.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tim Prather.
DIGEST
Hebert (SB 646)
Proposed law authorizes parishes having populations in excess of 48,500 but not more than
73,500 to establish a cooperative endeavor between a parish governing authority and its
residents in an effort to improve drainage infrastructure in the parish.
Proposed law requires that the pilot program uses the following criteria: SB NO. 646
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(a)A project involving the reclamation, maintenance and improvement of parish
drainage systems crossing or located on property located in the parish.
(b)The parish authority may rent and will insure the excavation equipment.
(c)The operator will demonstrate his proficiency at the operation of the excavation
equipment to the satisfaction of the parish governing authority and will provide a
hold harmless agreement to protect and indemnify the parish from any liability
arising from the use or any other factor attributable to the operator's use of the
equipment.
(d)The parish governing authority and the operator will develop and agree to any
logistical requirement and operational timelines and any other item deemed
necessary by the parish governing authority before the execution of the cooperative
endeavor and operation of the excavation equipment is permitted.
Proposed law exempts the operator of the excavation equipment from the provisions of
Chapter 15 of Title 42 of Louisiana Revised Statutes of 1950.
Proposed law defines "excavation equipment" as any of a number of power-driven machines
used to dig, move and transport earth, gravel, or similar substances.
Proposed law provides that the pilot program will be applicable, operable, and effective for
the period January 1, 2011 through January 1, 2012.
Effective January 1, 2011
(Adds R.S. 33:1236.29)