HLS 17RS-820 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 493
BY REPRESENTATIVES MAGEE, BAGLEY, HORTON, RICHARD, AND STAGNI
FEES/LICENSES/PERMITS: Establishes a reinspection fee for facilities and
establishments with sanitary code violations
1 AN ACT
2To enact R.S. 40:31.39, relative to powers and duties of the office of public health of the
3 Louisiana Department of Health; to provide for authority of the office with respect
4 to enforcement of the state sanitary code; to provide for assessment of fees by the
5 office; to establish and provide for a reinspection fee; to provide the amount and
6 procedures for assessment of the fee; to provide for definitions; to provide for
7 enforceability; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:31.39 is hereby enacted to read as follows:
10 ยง31.39. Office of public health reinspection fees
11 A. As used in this Section, the following terms and phrases have the meaning
12 ascribed to them in this Subsection:
13 (1) "Critical item" has the meaning ascribed in the sanitary code, LAC
14 51:XXIII.101.
15 (2)(a) "Initial inspection" means any routine, complaint-based, or pre-
16 opening inspection of a commercial facility conducted to determine compliance with
17 the sanitary code that identifies either a minimum of five sanitary code violations or
18 a minimum of one sanitary code violation constituting a critical item that is not
19 corrected during the inspection.
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HB NO. 493
1 (b) Any reinspection that identifies either a minimum of five sanitary code
2 violations or a minimum of one sanitary code violation constituting a critical item,
3 and in which none of the violations were previously identified in the most recent
4 inspection, constitutes an initial inspection for purposes of this Section.
5 (3) "Reinspection" means any inspection subsequent to an initial inspection
6 conducted to determine remedial compliance related to any sanitary code violation
7 identified during an initial inspection.
8 (4) "Second or subsequent reinspection" means any reinspection conducted
9 following a prior reinspection and that identifies either a minimum of five sanitary
10 code violations or a minimum of one sanitary code violation constituting a critical
11 item that remain uncorrected after being identified either in an initial inspection or
12 in a reinspection.
13 B.(1) The department may conduct a reinspection of any commercial facility
14 subject to regulation and inspection by the department pursuant to R.S. 40:4 or 5.
15 (2) The department shall charge a fee of one hundred fifty dollars to conduct
16 any second or subsequent reinspection, which shall be assessed to the owner of the
17 reinspected facility by notice served in the same manner provided for in the sanitary
18 code for service of a notice of violation.
19 (3) Failure of the owner to pay the fee within thirty days of service shall be
20 grounds for the issuance of an order revoking any permit held by the owner. The
21 order shall be subject to an adjudicatory hearing before the division of administrative
22 law if requested by the owner within the time limit set forth in the order.
23 (4) The department shall not issue any permit to the owner of an unpermitted
24 facility until any fee for a second or subsequent reinspection is paid.
25 Section 2.(A) This Act shall become effective upon signature by the governor or, if
26not signed by the governor, upon expiration of the time for bills to become law without
27signature by the governor, as provided by Article III, Section 18 of the Constitution of
28Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act
29shall become effective on the day following such approval.
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HB NO. 493
1 (B) The provisions of this Act authorizing a fee to be assessed for a violation which
2does not constitute a critical item, as defined in R.S. 40:31.39 enacted by Section 1 of this
3Act, shall become operative and enforceable on March 1, 2018.
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 493 Engrossed 2017 Regular Session Magee
Abstract: Establishes a reinspection fee to be assessed by the La. Dept. of Health upon
facilities and establishments with sanitary code violations.
Proposed law provides for definitions.
Proposed law authorizes the La. Dept. of Health (LDH) to conduct a reinspection of any
commercial facility subject to regulation and inspection pursuant to present law (R.S. 40:4
or 5).
Proposed law requires LDH to charge a fee of $150 to conduct any second or subsequent
reinspection, which shall be assessed to the owner of the reinspected facility by notice served
in the same manner provided for in the sanitary code for service of a notice of violation.
Proposed law provides that any failure of the owner to pay the fee within 30 days of service
shall be grounds for issuance of an order revoking any permit held by the owner. Proposed
law further provides that the order shall be subject to an adjudicatory hearing before the
division of administrative law if requested by the owner within the time limit set forth in the
order.
Proposed law provides that LDH shall not issue any permit to the owner of an unpermitted
facility until any fee for a second or subsequent reinspection is paid.
Proposed law provides the following definitions for purposes of proposed law:
(1)"Critical item" has the meaning ascribed in present administrative code, LAC
51:XXIII.101.
(2)"Initial inspection" means any routine, complaint-based, or pre-opening inspection
of a commercial facility conducted to determine compliance with the sanitary code
that identifies either a minimum of five sanitary code violations or a minimum of one
sanitary code violation constituting a critical item that is not corrected during the
inspection. Proposed law stipulates that any reinspection that identifies either a
minimum of five sanitary code violations or a minimum of one sanitary code
violation constituting a critical item, and in which none of the violations were
previously identified in the most recent inspection, constitutes an "initial inspection".
(3)"Reinspection" means any inspection subsequent to an initial inspection conducted
to determine remedial compliance related to any sanitary code violation identified
during an initial inspection.
(4)"Second or subsequent reinspection" means any reinspection conducted following
a prior reinspection and that identifies either a minimum of five sanitary code
violations or a minimum of one sanitary code violation constituting a critical item
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HB NO. 493
that remain uncorrected after being identified either in an initial inspection or in a
reinspection.
Proposed law stipulates that its provisions authorizing a fee to be assessed for a violation
which does not constitute a critical item shall become operative and enforceable on March
1, 2018.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:31.39)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Stipulate that proposed law authorizing a fee to be assessed for a violation which
does not constitute a critical item, as defined in proposed law, shall become
operative and enforceable on March 1, 2018.
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CODING: Words in struck through type are deletions from existing law; words underscored
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