Amendment vs bill House Committee Amendment, #3955, MPC, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HCAHB1153 4024 3955 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Municipal, Parochial and Cultural Affairs to Original House Bill No.
1153 BY REPRESENTATIVE COATES AN ACT To enact R.S.
1153 by Representative Coates AMENDMENT NO.
40:1602.1, relative to outdoor burning;
1 On page 1, at the end of line 14, insert "The governingauthorityof the parish shall lift a ban on burning when the risk ceases to be elevated." AMENDMENT NO.
to authorize parishes and municipalities to declare temporary burn bans during hazardous fire conditions;
2 On page 1, at the end of line 16, insert "Notice of the ban shall be published in the official parish journal." AMENDMENT NO.
to provideforenforcement;toprovideforcivilpenalties;toestablishcriminalpenalties when violations cause significant property damage or damage to critical infrastructure;
3 On page 1, line 17, after "parish" and before "reasonable" delete "shall provide" and insert "may provide additional" AMENDMENT NO.
to provide for restitution and recoveryof fire suppression costs;
4 On page 2, line 6, after "within" and before "fire" delete "approved" AMENDMENT NO.
and to provide for related matters.
5 On page 2, line 11, after "within" and before "fire" delete "approved" AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
6 Onpage2,attheendofline14,insert"Thegoverningauthorityofthemunicipalityshall lift a ban on burning when the risk ceases to be elevated." AMENDMENT NO.
Section 1.
7 On page 3, line 5, after "shall be" delete the remainder of the line and on line 6, delete "a misdemeanor punishable by a fine of" and insert "fined" AMENDMENT NO.
R.S.
8 On page 3, at the beginning of line 7, delete "imprisonment of" and insert "imprisoned for" AMENDMENT NO.
40:1602.1 is hereby enacted to read as follows:
9 Onpage3,line9,after"shallbe"deletetheremainderofthelineandatthebeginningofline 10, delete "a felony and" Page 1 of 1 CODING:
§1602.1.
Authority to declare burn bans;
governing authorities;
parish and municipalities A.(1) Thegoverningauthorityofanyparishmaydeclareatemporarybanon burningwithinalloranyportionoftheparishwhenenvironmentalconditionscreate an elevated risk of wildfire or uncontrolled fire spread.
The governing authority of the parish shall lift a ban on burning when the risk ceases to be elevated.
(2) A ban on burningmaybe declaredbyordinance,resolution of the parish governing authority, or emergency proclamation issued by the parish president.
Notice of the ban shall be published in the official parish journal.
(3) Theparishmayprovideadditionalreasonablepublicnoticeofaburnban through availablecommunication channels including parish websites, social media, emergency alert systems, or local media outlets.
(4) A ban on burning may prohibit open burning, including but not limited to the following:
(a) Burning of yard debris.
(b) Land clearing burns.
(c) Burning of construction debris.
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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
1153 ENROLLED (d) Recreational fires not contained within fire pits or enclosures.
(5) The provisions of this Section do not apply to the following:
(a) Agricultural burning conducted in accordance with state law.
(b) Prescribed burns conducted bycertified personnel.
(c) Cooking fires contained within grills or smokers.
(d) Recreational fires contained within fire pits or enclosures.
B.(1) The governing authorityof anymunicipalitymaydeclare a temporary ban on burning within municipal limits when weather or environmental conditions create an elevated risk of wildfire or uncontrolled fire spread.
The governing authority of the municipality shall lift a ban on burning when the risk ceases to be elevated.
(2) Municipal governing authorities may adopt ordinances establishing procedures for issuing, extending, or terminating bans on burning.
(3) Municipal fire chiefs or emergency management officials may recommend the issuance of a ban on burning based on fire risk conditions.
C.(1) Anypersonwhoknowinglyandintentionallyviolatesabanonburning declared pursuant to this Section shall be subject to civil penalties imposed by the applicable parish or municipality.
(2) Civil penalties shall apply as follows:
(a) For a first offense, a five hundred dollar fine.
(b) For a second offense, a one thousand dollar fine.
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(c) For a third or subsequent offense, a two thousand five hundred dollar fine.
(3) Each day that a violation occurs constitutes a separate offense.
(4) Anypersonresponsibleforafireresultingfromaviolationmaybeliable for the costs of fire suppression and emergency response incurred by local fire departments and municipal or parish governments.
D.(1) Any person who knowingly violates a ban on burning and whose actions result in propertydamage exceedingfive thousand dollars shall be fined not morethanonethousanddollarsorimprisonedfornotmorethansix months,orboth.
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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
1153 ENROLLED (2) Anypersonwhoknowinglyviolates abanonburningandwhoseactions resultin damagetocriticalinfrastructure,asdefinedinR.S.14:61,shallbefinednot morethantwenty-fivethousanddollarsorimprisonedwithorwithouthardlaborfor not more than five years, or both.
(3) InadditiontothepenaltiesprovidedinthisSubsection,theoffendershall pay restitution pursuant to Code of Criminal Procedure Article 883.2 to the owner of any property damaged by the violation.
E.
In addition to local and state law enforcementagencies, the provisions of this Section may be enforced by fire department personnel and municipal code enforcement officers.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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