HLS 15RS-502 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 469
BY REPRESENTATIVE TERRY LANDRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/COMMERCIAL: Provides relative to transporters of hazardous material
1 AN ACT
2To enact R.S. 32:1512(E) and 1520(C), relative to the transportation of hazardous material;
3 to prohibit the imposition of a civil penalty on a person who transports hazardous
4 materials in certain circumstances; to prohibit the issuance of a citation for careless
5 handling of hazardous material in certain circumstances; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:1512(E) and 1520(C) are hereby enacted to read as follows:
9 §1512. Civil penalties; assessment
10 * * *
11 E. The secretary shall not subject a person to a civil penalty as provided in
12 this Section based upon that person or his representative reporting a release of a
13 hazardous material that is not of a reportable quantity, as defined in Title 49 of the
14 Code of Federal Regulations.
15 * * *
16 §1520. Careless handling of hazardous material
17 * * *
18 C. A person shall not be cited with a violation of this Section based upon that
19 person or his representative reporting a release of a hazardous material that is not of
20 a reportable quantity, as defined in Title 49 of the Code of Federal Regulations.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-502 ORIGINAL
HB NO. 469
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)]
HB 469 Original 2015 Regular Session Terry Landry
Abstract: Prohibits the Dept. of Public Safety and Corrections (DPS&C) from imposing a
civil penalty against a person or his representative reporting a release of a hazardous
material that is not of a reportable quantity, as defined in Title 49 of the Code of
Federal Regulations.
Present law provides that the offering or accepting for transportation, loading or unloading,
or transporting of hazardous materials, freight, and passengers in accordance with minimum
state standards of safety is the responsibility of the state.
Proposed law retains present law.
Present law requires that a person report to the DPS&C an incident or accident that presents
a continuing danger to life, health, or property at the place of the incident or accident when
the incident or accident results in the release of a hazardous material, as defined in Title 49
of the Code of Federal Regulations.
Proposed law retains present law.
Present law provides that any person who offers or accepts for transportation, loads or
unloads, or transports a hazardous material or hazardous waste in a careless or imprudent
manner without regard for the hazards of the material or the circumstances of such actions
shall be guilty of careless handling.
Proposed law retains present law and provides that a person shall not be cited for violating
present law (careless handling) when that person or his representative reports a release of
a hazardous material that is not of a reportable quantity, as defined in Title 49 of the Code
of Federal Regulations.
Present law provides that any person who is determined by the secretary of the DPS&C, after
reasonable notice and opportunity for a fair and impartial hearing held in accordance with
the Administrative Procedure Act, to have committed an act in violation of present law or
any regulation issued thereunder, is subject to a civil penalty of not more than $25,000. If
the violation is a continuing one, each day of violation is a separate offense.
Proposed law retains present law and adds that the secretary shall not subject a person to a
civil penalty when that person or his representative reports a release of a hazardous material
that is not of a reportable quantity, as defined in Title 49 of the Code of Federal Regulations.
(Adds R.S. 32:1512(E) and 1520(C))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.