HLS 12RS-482 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 71
BY REPRESENTATIVE BERTHELOT
FIRE PROTECT/FIRE MARSHAL: Authorizes the state fire marshal to issue and enforce
burn bans
AN ACT1
To enact R.S. 40:1602, relative to the state fire marshal; to authorize the state fire marshal2
to issue a burn ban; to authorize the state fire marshal and the commissioner of3
agriculture to issue civil fines for violations; to provide for the amount of the civil4
fine; to provide for the appeal of the civil fines; to provide for the deposit of monies5
collected in the Life Safety and Property Protection Trust Fund; to exempt prescribed6
burning; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1602 is hereby enacted to read as follows: 9
ยง1602. Burn ban; authority of the state fire marshal; civil citation10
A. The state fire marshal may issue an order to prohibit or limit the private11
outdoor burning of materials in any area of this state.12
B.(1) The state fire marshal or his representative or the commissioner of the13
Department of Agriculture and Forestry or his representative may impose a civil fine14
of two hundred fifty dollars for the violation of an order issued pursuant to this15
Section.16
(2) Any penalties imposed pursuant to this Subsection may be appealed in17
accordance with the provisions of the Administrative Procedure Act.18
(3) The penalties collected pursuant to this Subsection shall be deposited into19
the Louisiana Life Safety and Property Protection Trust Fund within the state20 HLS 12RS-482 ENGROSSED
HB NO. 71
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are additions.
treasury as provided for in R.S. 40:1664.9. The monies shall be deposited to the1
credit of the fund and shall, in addition to any other monies available for such2
purpose, be available to the state fire marshal to support fire safety and prevention3
programs.4
C. This Section shall not apply to prescribed burning as defined in R.S. 3:17.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
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)]
Berthelot HB No. 71
Abstract: Authorizes the state fire marshal to issue a burn ban; authorizes the state fire
marshal and the commissioner of agriculture to impose a civil citation for violation
of the burn ban; exempts prescribed burning.
Proposed law authorizes the state fire marshal to issue an order to prohibit or limit the
private outdoor burning of materials in any area of this state.
Proposed law further authorizes the state fire marshal or his representative or the
commissioner of the Dept. of Agriculture and Forestry or his designated representative to
impose a civil fine of $250 for the violation of an order issued pursuant to proposed law.
Proposed law provides that any penalties imposed pursuant to proposed law may be appealed
in accordance with the provisions of the Administrative Procedure Act.
Proposed law requires the penalties collected pursuant to proposed law to be deposited into
the La. Life Safety and Property Protection Trust Fund. Proposed law further requires the
monies to be deposited to the credit of the fund and, in addition to any other monies
available for such purpose, to be available to the state fire marshal to support fire safety and
prevention programs.
Proposed law does not apply to prescribed burning.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1602) HLS 12RS-482 ENGROSSED
HB NO. 71
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are additions.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Authorized the state fire marshal or his representative or the commissioner of the
Dept. of Agriculture and Forestry or his designated representative to impose a
civil fine of $250 for the violation of an order issued pursuant to proposed law.
2. Provided that any penalties imposed pursuant to proposed law may be appealed
in accordance with the provisions of the Administrative Procedure Act.
3. Required the penalties collected pursuant to proposed law to be deposited into
the La. Life Safety and Property Protection Trust Fund. Further required the
monies to be deposited to the credit of the fund and to be available to the state
fire marshal to support fire safety and prevention programs.
4. Exempted prescribed burning.