Louisiana House Bill HB71

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12
• Report Pass: 3/19/12
• Engrossed: 3/28/12
• Refer: 3/29/12
• Report Pass: 4/23/12
• Enrolled: 5/22/12
• Chaptered: 5/31/12
• Passed: 5/31/12

Caption

Authorizes the state fire marshal to issue and enforce burn bans (EN INCREASE SD RV See Note)

Impact

The introduction of HB 71 is expected to facilitate more rigorous control over outdoor burning practices, particularly in conditions deemed hazardous for fire outbreaks. By centralizing authority with the state fire marshal, this bill potentially streamlines the process for issuing burn bans state-wide, thus enhancing overall public safety during critical times. The act could lead to a more unified approach toward managing fire risks, especially in rural and vulnerable areas prone to wildfires.

Summary

House Bill 71 aims to enhance fire safety measures in Louisiana by granting the state fire marshal the authority to issue burn bans during periods of heightened fire risk. This legislation allows the fire marshal, in conjunction with the commissioner of agriculture, to impose civil fines for violations of these burn bans. Specifically, the fine is set at $250 for non-compliance, which can be appealed as per the Administrative Procedure Act. The revenue from these fines will be allocated to the Louisiana Life Safety and Property Protection Trust Fund, reinforcing the state's commitment to fire prevention and safety programs.

Sentiment

The general sentiment around HB 71 appears positive, with support stemming from a mix of public safety advocates and environmental groups who see the merit in controlling outdoor burning. The sentiment also reflects a growing awareness of the dangers associated with uncontrolled burning, especially during dry seasons. However, there may be some contention regarding the enforcement aspect, particularly on how fines will be administered and the impact on local land management practices.

Contention

While HB 71 is largely welcomed for its intent to improve fire safety, there could be concerns regarding the balance between state authority and local governance. Some critics may argue that the imposition of civil fines could place an undue burden on individuals who may be conducting burning for legitimate agricultural or ecological purposes. Additionally, the exclusion of prescribed burning from the bill opens up discussions about the practical applications of fire management and the potential for misinterpretations of what constitutes a violation.