ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 371
Regular Session, 2012
HOUSE BILL NO. 71
BY REPRESENTATIVE BERTHELOT
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
treasury as provided for in R.S. 40:1664.9. The monies shall be deposited to the21
credit of the fund and shall, in addition to any other monies available for such22
purpose, be available to the state fire marshal to support fire safety and prevention23
programs.24 ENROLLEDHB NO. 71
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. This Section shall not apply to prescribed burning as defined in R.S. 3:17.1
Section 2. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: