HLS 12RS-2331 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 1183
BY REPRESENTATIVE PONTI
UTILITIES: Provides for review of citations issued pursuant to the Louisiana Underground
Utilities and Facilities Damage Prevention Law
AN ACT1
To amend and reenact R.S. 40:1749.23(C), relative to the Louisiana Underground Utilities2
and Facilities Damage Prevention Law; to provide for the Citation Review3
Commission; to provide for membership of the commission; to provide for the filling4
of vacancies on the commission; to provide for qualifications of the members; to5
provide for a quorum; to provide for funding; to provide for rule making authority;6
to provide for appeals; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1749.23(C) is hereby amended and reenacted to read as follows:9
ยง1749.23. Enforcement and adjudication; citation review commission;10
administration; levy of civil penalties11
* * *12
C.(1) Proceedings and adjudications for the levying of civil penalties under13
this Part shall be conducted by the division of administrative law in accordance with14
regulations adopted pursuant to the Administrative Procedure Act.15
The Citation Review Commission is hereby created within the Department16
of Public Safety and shall consist of seven members. The commission shall meet17
upon request of the party receiving the citation to review and make recommendations18
as to citations and penalties issued pursuant to this Section,. The commission shall19 HLS 12RS-2331 ORIGINAL
HB NO. 1183
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hear testimony and review evidence relating to the issuance of the citation, shall1
make findings of fact, and shall issue a written decision, incorporating therein an2
order vacating, affirming, or modifying the citation.3
(2) Each member of the commission shall be appointed by the governor,4
subject to Senate confirmation, and shall serve at the pleasure of the governor.5
(3) The members of the commission shall be appointed as follows:6
(a) A representative of the Association of Louisiana Electric Cooperatives.7
(b) A representative of the Louisiana Associated General Contractors.8
(c) A representative of the Louisiana Gas Association.9
(d) A representative of the Louisiana State Police, emergency services10
division.11
(e) A representative of the Department of Natural Resources, office of12
pipeline safety.13
(f) A representative of an investor owned electric utility company which14
owns or operates underground utility lines.15
(g) A representative of a telecommunications company which owns or16
operates underground utility lines.17
(4) Each appointed member shall serve a term concurrent with that of the18
governor making the appointment.19
(5) Any vacancy in the appointed membership shall be filled in the manner20
of the original appointment.21
(6) Persons appointed to the commission shall have experience with22
excavation and knowledge of the Louisiana Underground Utilities and Facilities23
Damage Prevention Law.24
(7)(a) At the first commission meeting, the members shall by majority vote25
elect a chairman, who shall serve in such capacity for a term of two years. Members26
holding the position of chairman shall be limited to one term in such office. A27
vacancy in the office of chairman shall be filled by majority vote of the members.28 HLS 12RS-2331 ORIGINAL
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(b) The commission shall also elected a secretary who shall serve for a term1
of four years. A vacancy in the office of secretary shall be filled by majority vote2
of the members.3
(8) Four members shall constitute a quorum.4
(9) Members of the commission shall serve without pay and shall not receive5
any monies for expenses or per diem. The funding necessary to carry out the6
provisions of this Subsection shall be provided by the monies collected pursuant to7
R.S. 40:1749.24. 8
(10) Appeals of decisions by the commission shall be conducted by the9
division of administrative law in accordance with regulations adopted pursuant to the10
Administrative Procedure Act.11
(11) The commission shall adopt, promulgate, and enforce rules and12
regulations in accordance with the Administrative Procedure Act, which may be13
reasonably necessary for the protection of the public and proper administration of14
this Section. The legislative oversight committees for the commission shall be the15
House Committee on Commerce and the Senate Committee on Commerce,16
Consumer Protection, and International Affairs.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ponti HB No. 1183
Abstract: Creates the Citation Review Commission.
Present law provides that proceedings and adjudications for the levying of civil penalties
under the La. Underground Utilities and Facilities Damage Prevention Law shall be
conducted by the division of administrative law in accordance with regulations adopted
pursuant to the Administrative Procedure Act.
Proposed law repeals present law.
Proposed law provides for the Citation Review Commission within the Dept. of Public
Safety. The commission shall meet upon request of the party receiving the citation to review
and make recommendations as to citations and penalties issued pursuant to this Section. HLS 12RS-2331 ORIGINAL
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are additions.
Proposed law requires the commission to hear testimony and review evidence relating to the
issuance of the citation, to make findings of fact, and to issue a written decision,
incorporating therein an order vacating, affirming, or modifying the citation.
Proposed law provides that each member of the commission shall be appointed by the
governor, subject to Senate confirmation, and shall serve at the pleasure of the governor.
Proposed law provides that the members of the commission shall be appointed as follows:
(1)A representative of the Association of La. Electric Cooperatives.
(2)A representative of the La. Associated General Contractors.
(3)A representative of the La. Gas Association.
(4)A representative of the La. State Police, emergency services division.
(5)A representative of the Dept. of Natural Resources, office of pipeline safety.
(6)A representative of an investor owned electric utility company which owns or
operates underground utility lines.
(7) A representative of a telecommunications company which owns or operates
underground utility lines.
Proposed law provides that each appointed member shall serve a term concurrent with that
of the governor making the appointment.
Proposed law provides that any vacancy in the appointed membership shall be filled in the
manner of the original appointment.
Proposed law requires persons appointed to the commission to have experience with
excavation and knowledge of the operation of the La. Underground Utilities and Facilities
Damage Prevention Law.
Proposed law requires, at the first commission meeting, the members to, by majority vote,
elect a chairman, who shall serve in such capacity for a term of two years. Members holding
the position of chairman shall be limited to one term in such office. A vacancy in the office
of chairman shall be filled by majority vote of the members.
Proposed law provides that the commission shall also elected a secretary who shall serve for
a term of four years. A vacancy in the office of secretary shall be filled by majority vote of
the members.
Proposed law provides that four members shall constitute a quorum.
Proposed law provides that members of the commission shall serve without pay and shall
not receive any monies for expenses or per diem. The funding necessary to carry out the
provisions of proposed law shall be provided by the monies collected pursuant to fines levied
for violations of La. Underground Utilities and Facilities Damage Prevention Law.
Proposed law requires appeals of decisions by the commission to be conducted by the
division of administrative law in accordance with regulations adopted pursuant to the
Administrative Procedure Act.
Proposed law requires the commission to adopt, promulgate, and enforce rules and
regulations in accordance with the Administrative Procedure Act, which may be reasonably
necessary for the protection of the public and proper administration of proposed law. The HLS 12RS-2331 ORIGINAL
HB NO. 1183
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legislative oversight committees for the commission shall be the House Committee on
Commerce and the Senate Committee on Commerce, Consumer Protection, and International
Affairs.
(Amends R.S. 40:1749.23(C))