HLS 12RS-1411 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 907
BY REPRESENTATIVE KATRINA JACKSON
FORESTRY: Provides relative to forests and forestry
AN ACT1
To amend and reenact R.S. 3:2(D), 4274.1, 4279(A), and 4292 and to repeal R.S. 3:2
4271(B), 4274(6), 4274.2, 4276(2), (3), and (9), 4279(B) and (C), 4280, 42843
through 4289, 4290, 4291, 4293 through 4295, 4302, 4325, and 4326, relative to4
forests and forestry; to provide for cooperative endeavors; to provide for the duties5
of forestry officers; to provide for the clearing of combustible material; to provide6
for the instruction of forestry on certain days; to repeal certain provisions for the7
protection and reforestation of lands; to repeal certain provisions relative to forest8
tree seedling nurseries; to repeal the provisions of acreage tax on certain forest lands;9
and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 3:2(D), 4274.1, 4279(A), and 4292 are hereby amended and12
reenacted to read as follows:13
§2. Creation, powers, and duties of Department of Agriculture and Forestry and the14
commissioner of agriculture and forestry15
* * *16
D. The Department of Agriculture and Forestry, through the office of17
forestry, may participate in cooperative endeavors with the federal government and18
with local governments in this state relating to the Federal Excess Property Program19
and the Firefighter Property Program for rural fire defense.20
* * *21 HLS 12RS-1411 ORIGINAL
HB NO. 907
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§4274.1. Appointment of forestry officers; duties and powers1
A. To secure the protection of provide for the protection of the assets,2
property, personnel, and interests relating to forest woodlands, the state forester may3
appoint and commission forestry officers who shall enforce the laws, rules, and4
regulations for the protection of interests relating to forest woodlands, may carry5
weapons concealed or exposed while in the performance of their duties, shall take6
such action as is authorized by law, rule, or regulation to protect interests relating to7
forest woodlands, and shall be vested with the same authority and powers conferred8
by law upon regular law enforcement officers of this state with respect to issuing9
civil citations for littering and with respect to criminal and other offenses affecting10
the protection of interests relating to forest woodlands or affecting the performance11
of their duties.12
B. All forestry officers shall be Peace Officers Standard Training (P.O.S.T.)13
certified.14
C. Additionally, while on special assignment during any riot, insurrection,15
or any natural disaster or while in protection of real property of the commission and16
the property, assets, and resources of the office of forestry or the department, any17
commissioned forestry officer shall possess all the powers and authority of regular18
law enforcement officers of this state.19
D. Upon the request of any regular law enforcement agency of this state,20
forestry officers shall prevent and detect crime, apprehend criminals, enforce the21
criminal and traffic laws of the state, keep the peace and good order in the state in22
the enforcement of the state's police powers, and perform any other related duties23
imposed upon them by the legislature.24
* * *25
§4279. Railroad and other public utilities' rights of way; clearing of combustible26
material; fire lines; penalty27
A. All persons owning or operating railroads, electric transmission lines, or28
oil or gas pipe lines through forest lands within this state shall keep their rights of29 HLS 12RS-1411 ORIGINAL
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way cleared of all combustible material and safely dispose of the same within the1
limits of the rights of way between the fifteenth of November and the fifteenth of2
April. In addition, whenever in the judgment of the commission any of the rights of3
way are not of sufficient width to constitute, when cleared, an adequate fire line, the4
commission may require the owners or operators thereof to enter upon forest, waste,5
or cut-over lands adjacent to the rights of way, and at not more than two hundred feet6
from the outer rail on both sides of the track in the case of a railway right of way, and7
not more than two hundred feet from the center of the right of way of a person8
owning or operating electric transmission lines or oil or gas pipe lines, to plough a9
furrow not less than three nor more than six feet in width, and to clear the strip lying10
between the furrow and the right of way in the same manner as required in case of11
the right of way.12
* * *13
§4292. Instruction on forestry in public schools; Arbor Day14
The Department of Education and the parish school boards shall provide for15
proper courses of instruction by textbooks or lectures on the general subject of16
forestry in all public schools. They shall encourage the observance of Arbor Day by17
all public schools.18
Section 2. R.S. 3:4271(B), 4274(6), 4274.2, 4276(2), (3), and (9), 4279(B) and (C),19
4280, 4284 through 4289, 4290, 4291, 4293 through 4295, 4302, 4325, and 4326 are hereby20
repealed in their entirety.21
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)]
Katrina Jackson HB No. 907
Abstract: Revises and repeals certain provisions relative forests and forestry.
Present law allows the office of forestry to participate in cooperative endeavors with federal
and local government relating to the Federal Excess Property Program.
Proposed law adds the Firefighter Property Program as a possible partner in cooperative
endeavors which the office of forestry may participate. Otherwise retains present law. HLS 12RS-1411 ORIGINAL
HB NO. 907
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are additions.
Present law provides for the state forester to appoint forestry officers to enforce laws, rules
and regulations for the protection of interests relating to forest woodlands. Further provides
for the forestry officers to carry concealed or exposed weapons and be vested with the same
authority and powers of regular law enforcement officers in the protection of forest
woodlands.
Proposed law adds the protection of assets, property, and personnel to the duties of appointed
and commissioned forest officers. Otherwise retains present law.
Present law requires owners or operators of railroads, electric transmission lines, or oil or
gas pipe lines through state forests to keep their rights of way cleared of all combustible
materials and dispose of the materials between November 15
th
and April 15
th
. Further
provides that the forestry commission may require owners or operators to plough and clear
a furrow if the rights of way are not sufficient to constitute a fire line. Additionally releases
any person required to plough a furrow from responsibility for damages which the owner of
the land may claim.
Proposed law deletes the five-month time frame for the clearing of combustible material
from rights of way by owners or operators of railroads, electric transmission lines or oil or
gas pipe lines. Also deletes the relief of responsibility for damages which a landowner may
claim against a person required to plough a furrow. Otherwise retains present law.
Present law requires the dept. of education and parish school boards to provide for courses
of instruction on the subject of forestry in all public schools. Further requires the dept. and
school boards to encourage the observance of Arbor Day by all public schools.
Proposed law deletes the requirement that the dept. of education and parish school board
provide for courses of instruction on the subject of forestry in all public school. Otherwise
retains present law.
Present law provides that for every tree, 10" in diameter breast height or greater, that is cut
down on public land or rights of way or under authority of a state agency, a minimum of two
trees will be planted if there is adequate space and the trees were not removed for safety
reasons. Further provides for the forestry commission to promulgate rules and regulations.
Proposed law repeals present law.
Present law provides for the powers and duties of the forestry commission to include
preparing plans for executing laws relating to forestry, employing a state forester, directing
the state forester in the work of the commission, budget preparation, cooperating with the
federal government, making all expenditures in executing the forestry laws with commission
approval, and maintaining the domiciled office in EBR Parish.
Proposed law repeals the provision for making all expenditures in executing the forestry
laws with approval of the commission. Otherwise retains present law.
Present law provides that any rules and regulations promulgated by the forestry commission
for the collection of mayhaw berries in state forests shall be subject to legislative oversight.
Further provides that the collection of mayhaw berries is not subject to public bid laws. Also
provides that no person shall be charged a fee for or limited in quantity of mayhaw berries
that can be collected.
Proposed law repeals present law.
Present law provides for the following powers and duties of the state forester:
1. Have direction of all forests interests within jurisdiction of the state. HLS 12RS-1411 ORIGINAL
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2. Select and employ office of forestry personnel.
3. Superintend the office of forestry.
4. Serve as secretary of the commission and be custodian of records of the commission
and office of forestry.
5. Take any action authorized by law to prevent and extinguish forest fires.
6. Enforce laws pertaining to forest woodlands; recommend prosecution for violations.
7. Conduct forest conservation educational work.
8. Cooperate and encourage private timber owners to plan for the protection,
management, and replacement of forests and form protective associations.
9. Examine all state timbered land and report to the commission the condition and
actual value of such timber, and whether any land should be held as state forests.
10.Protect and manage all land donated or purchased by the state for forestry preserves.
11.Conduct forest research.
12.Prepare and submit to the commission a biennial report of the conditions of state
work in forestry and recommend plans for improvements.
Proposed law repeals the powers and duties of the state forester relative to selecting and
employing office of forestry personnel, superintending the office of forestry, and examining
all state timbered land and reports to the commission on the condition and value of such
timber and whether land should be held as state forests. Otherwise retains present law.
Present law prohibits railroad employees from leaving a deposit of fire or live coals on its
rights of way in the vicinity of woodland or lands subject to being overrun by fire. Further
provides for immediate notification by railroad employees who discover material along
rights of way that are burning. Additionally provides for such owners of railroads,
transmissions lines or oil or gas lines to provide employe es with instructions on fire
prevention, prompt extinguishment, and placement of warning placards.
Proposed law repeals present law.
Present law prohibits any person from operating a locomotive or logging, portable or
stationary engine which burns wood, coke, or coal within 200 ft. of any grass, brush or
forest land unless the engine is equipped with an approved spark arrester and ask pan.
Further allows the forestry commission to promulgate rules and regulations as necessary for
the enforcement of present law. Additionally allows the commission to enter private
premises in the enforcement of present law.
Proposed law repeals present law.
Present law allows the forestry commission to contract with any forest landowner who will
agree to grow suitable and useful timber trees under the supervision of the commission.
Proposed law repeals present law.
Present law provides for any landowner to apply to the forestry commission to contract for
reforestation of forest lands denuded of timber of which said application shall include certain
specific information regarding quality of the land, location and proper description, market HLS 12RS-1411 ORIGINAL
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cash as well as assessed value of the land, and plat. Further provides for duplicate
application filing within the parish and submission of plan for planting of seedlings.
Proposed law repeals present law.
Present law provides for the inspection and valuation of certain lands for application
purposes by the state forester and a designee of the parish governing authority to ascertain
value and suitability for timber growing, production, and culture; such written inspection
report submitted to the forestry commission and parish governing authority. Further
provides that no contract shall exist until such inspection is performed and cash value of land
has been fixed by proper resolution of the parish governing authority as part of its permanent
records. Additionally provides that the fixed value of the lands be accepted by the tax
commission and parish assessor, which land shall be assessed yearly.
Proposed law repeals present law.
Present law provides that no written contract under the provisions for reforestation shall
exceed 40 years. Further provides that no contract shall exist with any landowner where the
average cash value per acre, exclusive of timber, is in excess of $8. Provides that no contract
shall exist with any landowner with a fixed cash value of land less than $3 per acre.
Proposed law repeals present law.
Present law provides that a reforestation contract shall obligate the landowner to plant
suitable and useful timber trees, to protect the land from fires, and to protect and maintain
the trees in growing condition for duration of said contract. Further provides for an annual
inspection at the landowners request. Additionally provides for restoration to the tax rolls
of which timber will continue to be subject to severance taxes under provisions of present
law.
Proposed law repeals present law.
Present law provides for cancellation of a reforestation contract should the landowner fail
to maintain the land in accordance with provisions of said contract, at which time the land
and any timbers shall be restored to assessment rolls and taxed the same as similar lands and
timber. Further requires the landowner to pay the state and parish a certain sum equivalent
to the difference between actual taxes paid and taxes which would have been levied upon
non-contracted land, plus six percent interest.
Proposed law repeals present law.
Present law provides for an amendment to any existing reforestation contract between a
landowner and the forestry commission by written agreement of both parties fixing the
contract period not to exceed 40 years; pending the adoption of a resolution by the parish
governing authority agreeing to the valuation of the contracted lands or jointly with the
forestry commission by resolution fix the then cash value of said lands.
Proposed law repeals present law.
Present law prohibits any electric lighting or power company from attaching wires to any
tree along any municipal street or any tree along any public highway of the state. Provides
for a fine of not less than $25 nor more than $100 for each violation.
Proposed law repeals present law.
Present law allows the forestry commission to purchase La. land suitable for forest culture
and for state forests for not more than an average of $10 per acre. Provides that any surplus
money for such purpose be credited to the forestry commission. HLS 12RS-1411 ORIGINAL
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are additions.
Proposed law repeals present law.
Present law requires landowners who sever or bleed forest lands for turpentine to leave
standing and unbled an average of two seed trees per acre for every ten-acre plot of which
seed tree is not less than 10 inches in diameter, four and a half feet from ground.
Proposed law repeals present law.
Present law provides that a violation of any prohibition relative to the protection and
reforestation provisions, where a penalty has not otherwise been provided, shall be a fine of
not less than $25 and nor more than $100, or imprisonment for not less than 30 days, or both.
Proposed law repeals present law.
Present law provides for rules and regulations for protection against fire applying to
locomotives and other like machines. Further provides for certain spark arresters for coal
burning and wood burning equipment, fireboxes, inspection record keeping, railroad
employee duties, and ash pans.
Proposed law repeals present law.
Present law requires the forestry commission to furnish any landowner engaged in forest
activities, seedlings at a fixed price from the commission's nurseries. Further provides for
the revenue from seedling sales be retained by the commission for development and
operation of nurseries for forestry research and experimentation, land acquisition, and
general operations.
Proposed law repeals present law.
Present law provides for a parish board of forestry appointed by the parish governing
authority upon approval by the forestry commission. Further provides for board
membership, terms, and filling of vacancies. Additionally prohibits compensation and per
diem.
Proposed law repeals present law.
Present law requires the forestry commission to administer and supervise the forestry
program in each parish and submit a detailed forestry program, including proposed budget
expenditures, to the parish board for approval prior to program institution.
Proposed law repeals present law.
(Amends R.S. 3:2(D), 4274.1, 4279(A), and 4292; Repeals R.S. 3:4271(B),4274(6), 4274.2,
4276(2), (3), & (9), 4279(B) & (C), 4280, 4284-4289, 4290, 4291, 4293-4295, 4302, 4325,
and 4326)