The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 448 Original 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))