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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 pilot program2
for certain parishes; to provide excavation equipment to parish residents for drainage3
maintenance and improvement; to provide for criteria for such agreement; to provide4
for limitation of liability; to provide for program effective and termination dates; and5
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 authority and14
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 of the5
excavation equipment to the satisfaction of the parish governing authority and6
shall provide a hold harmless agreement to protect and indemnify the parish7
from any liability arising from the use or any other factor attributable to the8
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 other item11
deemed necessary by the parish governing authority before the execution of the12
cooperative endeavor and operation of the excavation equipment is permitted.13
C. For the purposes of this Section, an operator of excavation equipment,14
as provided for in Paragraph (B)(3) of this Section, shall not be considered a15
"public servant" pursuant to the provisions of Chapter 15 of Title 42 of the16
Louisiana Revised Statutes of 1950.17
D. For the purposes to this Section, "excavation equipment" means any18
of a number of power-driven machines used to dig, move and transport earth,19
gravel, or similar substances.20
E. The provisions of this Section shall be applicable, operable, and21
effective for the period January 1, 2011 through January 1, 2012.22
The original instrument was prepared by Tim Prather. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Ann S. Brown.
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 the
Code of Governmental Ethics.
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)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Technical amendment.