Louisiana 2014 Regular Session

Louisiana Senate Bill SB407 Latest Draft

Bill / Introduced Version

                            SLS 14RS-773	ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 407
BY SENATOR WALSWORTH 
ENVIRONMENTAL QUALITY. Provides for preemption under the Right-to-Know Law.
(gov sig)
AN ACT1
To amend and reenact R.S. 30:2379(A), relative to the Right-to-Know Law; to provide for2
preemptions under the Right-to-Know Law; to provide for the preemption of certain3
ordinances, laws, and regulations relative to hazardous materials reporting; to4
provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 30:2379(A) is hereby amended and reenacted to read as follows: 7
ยง2379.  Preemption8
A. No local governing authority, municipality, parish, or other local9
governmental entity may enact, adopt, or enforce an ordinance, law, or regulation10
relative to hazardous materials reporting or any other provisions of this Chapter,11
including, without limitation, facility emergency response plans, risk12
management plans, and radio communications or reporting, except as otherwise13
specifically authorized by state law. However, if reporting requirements to agencies14
in the federal government under federal law conflict with reporting requirements15
under this Chapter, the affected entities shall file those reports. This Chapter shall16
have prospective effect only.17 SB NO. 407
SLS 14RS-773	ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
*          *          *1
Section 2. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
Walsworth (SB 407)
Present law provides for preemptions against a local governing authority, municipality,
parish, or other local governmental entity enacting, adopting, or enforcing an ordinance, law,
or regulation regarding hazardous materials reporting or any provision of the Right-to-Know
Law.
Proposed law retains present law and adds facility emergency response plans, risk
management plans, and radio communications or reporting to those items preempted from
enaction, adoption, or enforcement.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 30:2379(A))