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))