SLS 11RS-328 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 95
BY SENATOR MURRAY
UTILITIES. Reduces the time period for the escalation of monetary fines for violations of
the Louisiana Utilities and Facilities Damage Prevention Law within the jurisdiction of the
New Orleans Sewerage and Water Board. (gov sig)
AN ACT1
To amend and reenact R.S. 40:1749.20(B)(2), (3) and (4), relative to underground utilities2
and facilities; to provide for violations and penalties; to reduce the time periods for3
escalation of monetary fines within the jurisdiction of the New Orleans Sewerage4
and Water Board; and to provide for related matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1749.20(B)(2), (3) and (4) are hereby amended and reenacted to8
read as follows: 9
ยง1749.20. Violations; penalties10
* * *11
B. An excavator or demolisher who violates the provisions of R.S.12
40:1749.13, 1749.16, or 1749.17(B) shall be subject to the following:13
* * *14
(2)(a) For a second violation of a similar nature within a two-year period15
from the previous violation, a civil penalty of not more than five hundred dollars.16
(b) Notwithstanding Subparagraph (a) of this Paragraph, for a second17 SB NO. 95
SLS 11RS-328 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
violation of a similar nature, within the jurisdiction of the New Orleans1
Sewerage and Water Board, within a one-year period from the previous2
violation, a civil penalty of not more than five hundred dollars.3
(3)(a) For a third violation of a similar nature within a two one-year period4
from a previous violation, a civil penalty of not more than one thousand dollars.5
(b) Notwithstanding Subparagraph (a) of this Paragraph, for a third6
violation of a similar nature, within the jurisdiction of the New Orleans7
Sewerage and Water Board, within a one-year period from the previous8
violation, a civil penalty of not more than one thousand dollars.9
(4)(a) For a fourth and each subsequent violation of a similar nature within10
a two one-year period from the previous violation, a civil penalty of not less than two11
thousand dollars nor more than twenty-five thousand dollars.12
(b) Notwithstanding Subparagraph (a) of this Paragraph, for a fourth13
and each subsequent violation of a similar nature, within the jurisdiction of the14
New Orleans Sewerage and Water Board, within a one-year period from the15
previous violation, a civil penalty of not more than twenty-five thousand dollars.16
* * *17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Present law provides for multiple violations relative to the La. Underground Utilities and
Facilities Damage Prevention Law committed by excavators and demolishers.
1. For a second violation of a similar nature within a two-year period from the previous
violation, a civil penalty of not more than $500.
2. For a third violation of a similar nature within a two-year period from a previous
violation, a civil penalty of not more than $1,000. SB NO. 95
SLS 11RS-328 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
3. For a fourth and each subsequent violation of a similar nature within a two -year
period from the previous violation, a civil penalty of not less than $2,000 nor more
than $25,000.
Proposed law retains present law but reduces the time periods for escalation of monetary
fines from two years to one year for violations occurring within the jurisdiction of the New
Orleans Sewerage and Water Board.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1749.20(B)(2), (3) and (4))