HLS 12RS-925 REENGROSSED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 421
BY REPRESENTATIVE ST. GERMAIN
TRANSPORTATION DEPT: Provides for effective date of rules promulgated by DOTD
AN ACT1
To amend and reenact R.S. 32:2(A)(2) and to enact R.S. 32:2(A)(3), relative to rules,2
regulations, and orders of the Department of Transportation and Development; to3
remove certain requirements for filing certain regulations in clerks of court offices;4
to remove specific requirements for references; to provide for effectiveness of certain5
orders issued by the Department of Transportation and Development; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 32:2(A)(2) is hereby amended and reenacted and R.S. 32:2(A)(3) is9
hereby enacted to read as follows:10
ยง2. Authority of Department of Transportation and Development11
A.12
* * *13
(2) Any regulation promulgated by the department pursuant to the authority14
granted by this Section or by any other provision of law shall become effective when15
filed with the clerks of court in the parishes in which such regulation is to be16
effective or upon the erection of signs on the affected highways giving notice17
thereof. All rules and regulations promulgated by the department relative to weight18
enforcement, payment and collection procedures, shall be adopted in accordance19 HLS 12RS-925 REENGROSSED
HB NO. 421
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
with the provisions of the Louisiana Administrative Procedure Act and Act No. 2791
of the 1976 Regular Session of the Louisiana Legislature. Such rules and regulations2
shall be referenced to the sections and/or subsections which they interpret or apply.3
(3) All orders issued by the department relative to the determination of a4
maximum or minimum speed limit on a highway or weight limit on a bridge shall be5
published on the official website of the department. Any such order issued by the6
department shall become effective upon the erection of signs on the affected highway7
or bridge.8
* * *9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
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)]
St. Germain HB No. 421
Abstract: Provides that orders issued by DOTD relative to speed limits on highways and
weight limits on bridges shall be published on the website of the department and
provides that such orders become effective upon the erection of signs on the affected
highways and bridges.
Present law provides that any regulation promulgated by the DOTD shall become effective
when filed with the clerks of court in the parishes in which such regulation is to be effective,
or upon the erection of signs on the affected highways giving notice thereof. All rules and
regulations promulgated by the department relative to weight enforcement, payment, and
collection procedures, shall be adopted in accordance with the provisions of the La.
Administrative Procedure Act and Act No. 279 of the 1976 R.S. of the La. Legislature.
Proposed law removes requirements for regulations to be filed with the clerks of court and
removes references to weight enforcement related provisions and to Act. No. 279. Proposed
law further provides that all rules and regulations promulgated by DOTD shall be adopted
in accordance with the provisions of the Administrative Procedure Act. Proposed law
provides that all orders issued by the department relative to the determination of a maximum
or minimum speed limit on a highway or weight limit on a bridge shall be published on the
official website of the department and that any such order issued by the department shall
become effective upon the erection of signs on the affected highway or bridge. HLS 12RS-925 REENGROSSED
HB NO. 421
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 32:2(A)(2); Adds R.S. 32:2(A)(3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Removes proposed provision that regulations or orders promulgated by the chief
engineer become effective when published on the website of the department.
2. Removes specific provision that DOTD rules and regulations be referenced to
provisions of statutory law which they interpret or apply.
3. Removes proposed law providing that regulations or orders could become
effective when published on the department's website.
4. Requires orders issued by DOTD relative to speed limits on highways and weight
limits on bridges to be published on the website of the department and provides
that such orders become effective upon the erection of signs on the affected
highways and bridges.
House Floor Amendments to the engrossed bill.
1. Removes the word "advisory" when referring to an order by DOTD relative to
the determination of a weight limit on a bridge.