RDCSB661 3276 4957
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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)]
Erdey SB No. 661
Proposed law provides removal authority, as result of a motor vehicle collision or incident,
to any police officer or any person acting at the officer's direction or request, without the
consent of the owner, to immediately remove or have removed any vehicle, cargo, or other
movable property that has been damaged or spilled upon the roadway or shoulder of the
roadway which constitutes a hazard or obstructs traffic when such removal will improve
public health or safety and reduce collision or incident-related traffic congestion and delay.
Proposed law requires any police officer or any person acting at the officer's direction or
request to take immediate action and give priority to opening all roadway lanes to traffic so
as to relieve traffic congestion and minimize delay to the motoring public provided such
action does not impair the protection of public safety. Defines "peak traffic hours" as 7:00
a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on weekdays.
Proposed law provides that there is no liability for exercise or failure to exercise removal
authority in the absence of gross negligence.
Proposed law applies only to roadways included within the state and federal highway system
in this state.
Effective August 1, 2014.
(Adds R.S. 32:155)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Changes "accident" to "crash".
2. Removes the secretary, commissioner, and any public safety agency.
3. Changes "within the highway" to "upon the roadway or shoulder of the
roadway".
4. Provides that removal during peak hours does not impair protection of public
safety.
5. Provides proposed law applies only to roadways within the National
Highway System of the state.
Senate Floor Amendments to engrossed bill
1. Changes "crash" to "collision".
2. Changes "personal property" to "movable property".
3. Makes technical changes. RDCSB661 3276 4957
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the reengrossed bill.
1. Changed "National Highway System" to "state and federal highway system"