SLS 22RS-795 ENGROSSED
2022 Regular Session
SENATE BILL NO. 448
BY SENATOR LUNEAU
WILDLIFE/FISHERIES DEPT. Provides relative to civil penalties for restitution of value
of wildlife and aquatic life. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 56:40.3(E), relative to civil and aquatic life penalties; to provide
3 for the collection of civil penalties for restitution of wildlife; to provide with respect
4 to hearing officer rulings; to provide with respect to legal delays; to provide relative
5 to administrative hearing; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 56:40.3(E) is hereby amended and reenacted to read as follows:
8 ยง40.3. Civil penalties; assessment; administrative hearing
9 * * *
10 E. The secretary may institute civil proceedings to enforce a final ruling in
11 the Nineteenth Judicial District Court. A judgment from the administrative
12 hearing shall become executory when all delays for appeal have expired
13 according to the provisions of the Administrative Procedure Act and the
14 Louisiana Code of Civil Procedure.
15 * * *
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 448
SLS 22RS-795 ENGROSSED
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 448 Engrossed 2022 Regular Session Luneau
Present law provides that any person who kills, catches, takes, possesses, or injures any fish,
wild birds, wild quadrupeds, and other wildlife and aquatic life in violation of present law,
any other state's law, or federal law governing fish or wildlife, or a regulation adopted
pursuant to those laws, is liable for the value of the wildlife or aquatic life.
Present law requires the Dept. of Wildlife and Fisheries to demand restitution for the value
of the wildlife or aquatic life when such a violation occurs. Present law authorizes the
department to recover the value through an adjudicatory hearing in lieu of filing a civil suit.
Present law authorizes either party to appeal the ruling from the adjudicatory hearing in the
district court where the offense occurred.
Proposed law retains present law.
Present law authorizes the department to enforce the final ruling from the administrative
hearing through civil proceedings in the 19th JDC.
Proposed law removes the secretary's authority to institute civil enforcement proceedings of
a ruling in the 19th JDC.
Proposed law provides that a judgment from the administrative hearing shall become
executory when all delays for appeal have expired according to the provisions of the APA
and the La. C.C.P.
Effective August 1, 2022.
(Amends R.S. 56:40.3(E))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.