The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
SB 113 Original 2016 Regular Session Cortez
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 federal law or involving
circumstances as defined in state law.
Proposed law retains present law.
Present law provides that any person who is determined by the secretary (after hearing) to have
committed an act in violation of the state standards of safety shall be subject to a penalty of not more
than $25,000, and if the violation is a continuing one, each day of the violation constitutes a separate
offense. In determining the amount of the civil penalty, present law authorizes the secretary to
consider:
(1)The nature, circumstance, extent and gravity of the violation.
(2)The degree of culpability of the person charged.
(3)The person's history of previous offenses and ability to pay.
(4)The effect of the penalty on the person's ability to continue to operate.
(5)Any other matters that justice requires.
Proposed law retains present law and adds as a consideration by the secretary in determining the
amount of the civil penalty the amount of measurable harm, the potential for measurable harm or
total lack of harm resulting from the violation.
Proposed law also 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.
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.
Effective August 1, 2016.
(Amends R.S. 32:1512(B); adds R.S. 32:1512(E) and 1520(C))