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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 ENROLLED
SENATE BILL NO. 646
BY SENATOR HEBERT
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 provide for4
limitation of liability; to provide for program effective and termination dates; and to5
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 fifty-two thousand persons, based on the latest11
federal decennial census, a pilot program may be established in accordance with the12
provisions of this Section, that provides for the creation of a cooperative endeavor13
between a parish governing authority and its residents in an effort to improve14
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
(1) A project involving the reclamation, maintenance and improvement of18
parish drainage systems crossing or located on property located in the parish.19
(2) The parish authority may rent and shall insure the excavation equipment.20
(3) The operator shall demonstrate his proficiency at the operation of the21
excavation equipment to the satisfaction of the parish governing authority and shall22
provide a hold harmless agreement to protect and indemnify the parish from any23
liability arising from the use or any other factor attributable to the operator's use24
of the equipment.25
(4) The parish governing authority and the operator shall develop and agree26
to any logistical requirement and operational timelines and any other item deemed27
ACT No. 662 SB NO. 646 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
necessary by the parish governing authority before the execution of the cooperative1
endeavor and operation of the excavation equipment is permitted.2
C. For the purposes of this Section, an operator of excavation equipment, as3
provided for in Paragraph (B)(3) of this Section, shall not be considered a "public4
servant" pursuant to the provisions of Chapter 15 of Title 42 of the Louisiana5
Revised Statutes of 1950.6
D. For the purposes to this Section, "excavation equipment" means any of7
a number of power-driven machines used to dig, move and transport earth, gravel,8
or similar substances.9
E. The provisions of this Section shall be applicable, operable, and effective10
for the period January 1, 2011 through January 1, 2012.11
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: