Provides for review of citations issued pursuant to the Louisiana Underground Utilities and Facilities Damage Prevention Law
The bill amends existing laws to provide for the formation of a commission that will replace the administrative law division's jurisdiction over these civil penalties. The commission will consist of seven members, all appointed by the governor and confirmed by the Senate. Members are required to have relevant experience in excavation or knowledge of underground utilities, which aims to ensure that the body is well-equipped to make informed decisions. The creation of this commission should streamline the appeals process, allowing for better oversight of penalties imposed under the aforementioned law.
House Bill 1183, proposed by Representative Ponti, seeks to establish a new Citation Review Commission within the Louisiana Department of Public Safety. This commission will function to review and recommend actions regarding citations and penalties issued under the Louisiana Underground Utilities and Facilities Damage Prevention Law, which is a framework designed to prevent damage to underground facilities. The intent of the bill is to create a more structured process for appeals related to such citations, thereby ensuring a fair review mechanism for those subject to these penalties.
Overall, the sentiment around HB 1183 appears to lean towards positive in terms of providing a more regulated and transparent process for handling citations. Supporters of the bill laud the establishment of a specialized commission as a necessary step to ensure accountability and expertise in adjudicating cases related to underground utilities. However, there might be concerns regarding the commission’s independence and potential influence from the governor's office, given that all members are appointed by the governor and serve at their pleasure.
Notable points of contention regarding the bill could arise from discussions about the extent of regulatory power the commission will have and how its decisions may impact stakeholders in the utilities sector. Critics may question if the commission could become a tool for favoritism or if it will truly reflect an impartial review process for all parties. Additionally, the provision of members serving without pay raises questions about the incentive structure and commitment of the appointed individuals, which could affect the quality of the reviews conducted.