reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1452. Rate of compensation

RS 40:1452 - Rate of compensation
A. In addition to the compensation paid by the State Department of Public Safety, Division of State Police, to any state police officer, and in addition to that which said police officers may receive as compensation under civil service rules and regulations or otherwise, every state police officer employed by the Division of State Police of the Department of Public Safety shall be paid by the state extra compensation as follows:
(1) $16.66 per month for each state police officer who has completed or hereafter completes one year of service;
(2) $33.32 per month for each state police officer who has completed or who hereafter completes three years of service;
(3) $50.00 per month for each state police officer who has completed or who hereafter completes six years of service.
B. In computing the period of service required by Sub-section A of this Section, service as a state police officer shall include prior service for those police officers who have returned or hereafter return to such service.
C. In addition to the compensation paid by the State Department of Public Safety, Division of State Police, to any drivers license examiner, and in addition to that which said drivers license examiners may receive as compensation under civil service rules and regulations or otherwise, every drivers license examiner employed by the Division of State Police of the Department of Public Safety shall be paid by the state extra compensation as follows:
(1) $15.00 per month to those classified as Drivers License Examiner I;
(2) $20.00 per month to those classified as Drivers License Examiner II;
(3) $25.00 per month to those classified as Drivers License Examiner III;
(4) $30.00 per month to those classified as Drivers License Examiner IV.
Added by Acts 1959, No. 50, §1.
{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1453. Credit to special fund

RS 40:1453 - Credit to special fund
All appropriations made for the payment of the supplemental salaries provided by this Sub-part shall be credited to the special fund in the state treasury created by R.S. 40:1667.2, and the funds so credited shall be and remain dedicated to the payment of the supplemental salaries provided in R.S. 40:1452.
Added by Acts 1959, No. 50, §1; Acts 2014, No. 158, §§3 and 7.
{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1454. Disbursement of funds

RS 40:1454 - Disbursement of funds
A. The funds credited and dedicated as provided in R.S. 40:1453 shall be disbursed upon warrants drawn by the Director of the Department of Public Safety, which warrants shall have attached to them a detailed list of the names of the officers for whose benefit any particular warrant is drawn, together with the completed years of service of such officers and such other information as the State Comptroller or the State Treasurer may require. A list of the names of the drivers license examiners together with their classifications shall also be attached to the warrants.
B. The Director of the Department of Public Safety, on the basis of such warrants, shall prepare and sign individual checks representing the amount to be paid out of the special fund created by R.S. 40:1667.2 to each person in accordance with the provisions of this Sub-part. Each such check shall show the legislative appropriation from which payment is made and shall note that it represents additional compensation paid by the state under the provisions of this Sub-part. The Director of the Department of Public Safety shall deliver the checks to the individual person in whose favor drawn, by mail or by such other means as he shall determine.
C. The Director of the Department of Public Safety shall include the additional compensation paid by the individuals in accordance with the provisions of this Sub-part in the calculation and deduction from the pay of such individuals of sums required by state or federal laws to be withheld by an employer, such as federal income tax and social security tax or contribution to a state retirement system. The Director of the Department of Public Safety shall be further charged with the responsibility for transmitting the sums so withheld in accordance with the law or laws requiring the withholding.
D. The additional compensation paid by the state to state police officers and drivers license examiners in accordance with the provisions of this Sub-part shall be included in the calculation and computation of the total wages paid to a state police officer or drivers license examiner in the determination of employer contributions to any retirement system or pension fund of which the individual may be a member as well as in the determination of retirement eligibility and benefits which may accrue to the individual under any retirement system or pension fund, as well as in the determination of any other employee benefits, sick leave, or disability pay to which the individual might be entitled.
Added by Acts 1959, No. 50, §1; Acts 2014, No. 158, §§3 and 7.
{{NOTE: FOR CONDITIONAL REPEAL, SEE NOTE AT §1451.}}
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1455. Salary deductions void

RS 40:1455 - Salary deductions void
Any reduction of the salary of any police officer or drivers license examiner in effect on July 1, 1959, whether by the Director of the Department of Public Safety or by any pay plan under the provisions of any civil service law or regulation, or otherwise, shall be void where it is made solely by reason of the additional compensation provided for in this Sub-part.
Added by Acts 1959, No. 50, §1.
{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1456. Purpose

RS 40:1456 - Purpose
This law is enacted by the legislature pursuant to Article X, Section 10(A)(1) of the Louisiana Constitution of 1974 in the exercise of the police power of the state, to promote the public peace and safety by providing better enforcement of the law.
Added by Acts 1975, No. 320, §1, eff. July 1, 1975.
{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1457. Amount of additional salary

RS 40:1457 - Amount of additional salary
Every sworn, commissioned state police officer, who is a graduate of the state police training academy, and who is employed by the office of state police of the Department of Public Safety shall be paid by the state additional salary in the amount of two hundred sixty dollars per month, provided funds are available. The salary provided for by this Section shall be in addition and supplemental to any uniform state civil service pay plan. In the event that supplemental pay for deputy sheriffs is increased, then supplemental pay for state police shall be increased in the same amount, provided that funds are available.
Added by Acts 1975, No. 320, §1, eff. July 1, 1975. Acts 1983, No. 243, §1.
{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1458. Special fund

RS 40:1458 - Special fund
For the payment of the additional salary provided by R.S. 40:1457, there is hereby created a special fund in the treasury of the state of Louisiana, to which the appropriations hereinafter made shall be credited, and the funds so credited shall be used solely for the payment of such additional salary as provided in R.S. 40:1457.
Added by Acts 1975, No. 320, §1, eff. July 1, 1975.
{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1459. Disbursement of funds

RS 40:1459 - Disbursement of funds
A. The funds disbursed to each individual shall be included as part of his regular payroll check. The additional salary paid to individuals in accordance with this Subpart shall be subject to the deductions normally withheld by the employer.
B. The additional salary paid by the state to state police officers in accordance with the provisions of this Subpart shall be included in the calculation and computation of the total wages paid to a state police officer in the determination of employer contributions to any retirement system or pension fund of which the individual may be a member as well as in the determination of retirement eligibility and benefits which may accrue to the individual under any retirement system or pension fund, as well as in the determination of any other employee benefits, sick leave, or disability pay to which the individual might be entitled.
Added by Acts 1975, No. 320, §1, eff. July 1, 1975; Acts 1985, No. 193, §1; Acts 1986, No. 790, §1, eff. July 10, 1986.
{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1461. Requirements for private training and driving instructor schools

RS 40:1461 - Requirements for private training and driving instructor schools
A.(1) Every person engaged in the business of operating a private driving instructor training school or agency, or providing driving courses, shall apply for and procure a license from the Department of Public Safety and Corrections, public safety services. No person shall advertise or otherwise hold himself before the public, for remuneration, as qualified, licensed, or otherwise approved to train or instruct without having first obtained a license or contract with the Department of Public Safety and Corrections, public safety services.
(2) Every person engaged in the business of operating a private driving instructor training school or agency, or providing driving courses, who has or is seeking a contract or license with the Department of Public Safety and Corrections, public safety services, shall consent to, pass, and pay the costs of a criminal history background check pursuant to R.S. 15:587.
B. Every person desiring to train or instruct in driving courses shall file a written application with the deputy secretary.
C. The deputy secretary of the Department of Public Safety and Corrections, public safety services, shall establish rules and regulations governing the issuance and revocation of requirements and qualifications of each applicant and enumerating the terms of the contract and causes of suspension or revocation of the contract and possible fines for violations committed thereunder in accordance with the Administrative Procedure Act and subject to oversight review by the House and Senate committees on transportation, highways and public works.
D. The deputy secretary shall charge a fee of twenty-five dollars for each school or agency. The deputy secretary shall charge a fee of ten dollars for each additional instructor the school or agency may employ.
E. The fees collected under this Section shall be paid to the office of motor vehicles of the Department of Public Safety and Corrections and used for its maintenance, operation, and supervision.
F. Every person properly licensed pursuant to this Section on or after June 30, 2012, shall administer in accordance with law and administrative rules promulgated by the Department of Public Safety and Corrections, as a third-party examiner, both the knowledge and on-road driving skills tests required for the issuance of a Class "D" or "E" license in Louisiana.
G. Repealed by Acts 2023, No. 176, §3, eff. June 7, 2023.
Added by Acts 1983, No. 665, §1; Acts 2011, No. 294, §3; Acts 2011, No. 307, §2; Acts 2022, No. 347, §3; Acts 2023, No. 176, §§2,3, eff. June 7, 2023.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1462. Bond requirement

RS 40:1462 - Bond requirement
A. Each private driving school shall execute a good and sufficient surety bond with a surety company qualified to do business in Louisiana as surety, in the sum of twenty thousand dollars if such surety bond is available for purchase. Such bond shall name the Department of Public Safety and Corrections, office of motor vehicles, as obligee and shall be subject to the condition that, if the private driving school or any of the private driving school's instructors fail to perform any services the school agreed to provide to a student or a student's parent, that student, or the parent in case the student is a minor, may recover the private driving school fees from the bond by filing a claim through the department against the bond. If the company fails to meet the conditions of the bond, the obligation of the surety shall remain in full force and effect. A private driving school with multiple locations shall furnish only a single surety bond.
B. The surety bond furnished as required in this Section shall be delivered to and filed with the Department of Public Safety and Corrections, office of motor vehicles.
Acts 2014, No. 307, §1; Acts 2015, No. 99, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1463. Cease and desist orders

RS 40:1463 - Cease and desist orders
A. It shall be unlawful for any person to operate a driving school or to offer instruction as a driving school instructor unless both the school and the instructor are currently licensed as a driving school by the department, or for a licensed driving school to engage in any prohibited activity.
B. For the purpose of this Section, "prohibited activity" means:
(1) Activity normally conducted by a driving school such as classroom instruction, behind the wheel instruction, issuing certificates of successful completion to be used by an applicant to apply for a driver's license, advertising as a licensed, authorized, or approved driving school, or holding oneself out as an authorized or approved driving school or instructor without a license, authorization, or approval by the department.
(2) Activity conducted by a driving school or an instructor, whether licensed or not, in which a student of the school is requested to go to, or is taken to, a hotel room, a private residence, or any other location not appropriate for a person of the student's age.
C. The Department of Public Safety and Corrections, office of motor vehicles may issue a cease and desist order to any person or business which is operating in violation of this Section. Any such cease and desist order shall be served either by regular mail with a proof of mailing issued by the United States Postal Service, or by hand delivery by a representative of the department. If the cease and desist order is served by mail with proof of mailing, it shall be deemed delivered on the seventh calendar day after the date affixed by the post office on the certificate or proof of mailing. The presumption of delivery in this Subsection shall not apply if the postal service returns the cease and desist order as undeliverable.
D. If the person or business subject to the cease and desist order in this Section cannot be served, or does not comply with the cease and desist order, the department may file a petition for injunctive relief as provided in the Code of Civil Procedure in district court. There shall be no suspensive appeal or stay of an order or judgment of the district court granting the department a preliminary or permanent injunction.
E. The department shall promulgate rules as it determines are necessary to aid in the implementation and enforcement of this Section, in accordance with the Administrative Procedure Act.
Acts 2014, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1471.14. §§1471.14 to 1471.16 Repealed by Acts 1979, No. 721, §3

RS 40:1471.14 - §§1471.14 to 1471.16 Repealed by Acts 1979, No. 721, §3
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.1. Construction of Part

RS 40:1472.1 - Construction of Part
A. The provisions of this Part are cumulative and shall not be construed as repealing or affecting any powers, duties, or authorities of the deputy secretary for public safety services of the Department of Public Safety and Corrections under any other law of this state; provided that with respect to the regulations of explosives as herein provided, in instances where the provisions of this Part may conflict with any other such law, the provisions of this Part control.
B. The provisions of this Part and regulations promulgated by the deputy secretary do not apply to the lawful purchase by a non-licensee or non-permittee twenty-one years of age or older of commercially manufactured black powder in quantities not to exceed five pounds, or quantities not to exceed twenty-five pounds if purchased by a member of a bona fide artillery unit of historical reenactors, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16) or in antique devices as exempted from the term "destructive device" in 18 U.S.C. 921(a)(4).
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2009, No. 391, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.4. Possession without license prohibited; exceptions

RS 40:1472.4 - Possession without license prohibited; exceptions
A. No person shall possess an explosive unless he is the holder of a valid license required by the provisions of this Part, and possesses such explosives for the purpose set forth by the license.
B. There are hereby made the following exceptions:
(1) Contract and private carriers operating in interstate and intrastate commerce.
(2) Cultural and historical reenactors who are members of a bona fide artillery unit and who have completed the Louisiana State Parks Black Powder Certification and possess commercially manufactured black powder in quantities of twenty-five pounds or less.
C. Whoever is charged and convicted of violating Subsection A of this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.
Acts 1995, No. 1139, §1; Acts 2003, No. 161, §1; Acts 2009, No. 391, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.6. Sales authorized only to licensees

RS 40:1472.6 - Sales authorized only to licensees
A. No manufacturer or dealer-distributor shall sell any explosive unless the purchaser thereof is duly licensed under the provisions of this Part and authorized to purchase same and the explosives are to be used by the purchaser for a purpose covered by the purchaser's license, except that the provisions of this Subsection do not apply to lawful purchases by a non-licensee or non-permittee of commercially manufactured black powder in quantities not to exceed five pounds, or twenty-five pounds by a member of a bona fide unit of historical reenactors, if the black powder is intended to be used solely for sporting, recreational or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted from the term "destructive device" in 18 U.S.C. 921(a)(4).
B. Whoever is charged and convicted of violating Subsection A of this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.
Acts 1995, No. 1139, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.7. Reports of losses or thefts; illegal use or illegal possession

RS 40:1472.7 - Reports of losses or thefts; illegal use or illegal possession
A. Any sheriff, police department, or peace officer of this state shall give immediate notice to the deputy secretary of any losses, thefts, illegal uses, or illegal possession of explosives within the purview of this Part, coming to his attention, and shall forward a copy of his final written report to the deputy secretary. Any manufacturer, dealer-distributor, user, blaster, handler, or historical and cultural reenactor who knows that explosives in his possession have been lost, stolen, or otherwise misappropriated shall immediately notify the nearest sheriff's office or police department and the deputy secretary of such fact. In addition, each manufacturer, dealer-distributor, and user shall physically inspect all magazines at least one time every seven days to ensure security of the explosives.
B. Whoever is convicted of violating this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.8. Promulgation of regulations

RS 40:1472.8 - Promulgation of regulations
A. The deputy secretary shall adopt, promulgate, and enforce rules and regulations setting forth minimum general standards covering manufacture, transportation including loading and unloading, use, sale, handling, and storage of explosives. The regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act and shall be such as are reasonably necessary for the protection of the health, welfare, and safety of the public and persons possessing, handling, and using such materials and shall be in substantial conformity with generally accepted standards of safety concerning such subject matters. It is hereby declared that regulations in substantial conformity with the published rules and suggested standards of the Institute of Makers of Explosives in relation to said subject matters shall be deemed to be in substantial conformity with accepted standards of safety concerning such subject matters. All procedures with regard to the revocation, suspension, or denial of licenses shall be in accordance with the Administrative Procedure Act.
B.(1) The licensee, with the specific written approval of the deputy secretary, may use an alternate method or procedure in lieu of a method or procedure specifically prescribed in this Part and rules and regulations adopted pursuant to this Part.
(2) The deputy secretary may approve an alternate method or procedure, subject to certain conditions, when he finds that all of the following are true:
(a) Good cause is shown for the use of the alternate method or procedure.
(b) The alternate method or procedure is within the purpose of, and consistent with the effect intended by, the specifically prescribed method or procedure and that the alternate method or procedure is substantially equivalent to that specifically prescribed method or procedure.
(c) The alternate method or procedure will not be contrary to any provision of law and will not result in an increase in cost to the state of Louisiana or hinder the effective administration of this Part.
(3) When the licensee desires to employ an alternate method or procedure, he shall submit a written application to the deputy secretary. The application shall specifically describe the proposed alternate method or procedure and shall set forth the reasons for it. Alternate methods or procedures may not be employed until the application is approved by the deputy secretary. The licensee shall, during the period of authorization of an alternate method or procedure, comply with the terms of the approved application. Authorization of any alternate method or procedure may be withdrawn whenever, in the judgment of the deputy secretary, the effective administration of this Part is hindered by the continuation of the authorization. As used in this Paragraph, alternate methods or procedures include alternate construction or equipment.
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.9. Civil penalties

RS 40:1472.9 - Civil penalties
A. After notice and an opportunity for a hearing held in accordance with the Administrative Procedure Act, the deputy secretary may assess a civil penalty not to exceed ten thousand dollars for each violation against any person he determines to have violated any rule or regulation adopted pursuant to this Part. In determining the amount of the penalty the deputy secretary shall take into account the nature, circumstances, extent, and gravity of the violation, the degree of culpability of the person violating the rule or regulation, the person's history of previous offenses, the person's ability to pay and the effect of the penalty on his ability to continue to operate, and any other matter that justice requires.
B. The secretary may refer any civil penalty assessed pursuant to this Section to the attorney general for collection. Before referral for collection, the secretary may compromise any penalty.
C. The secretary may deduct all or part of any civil penalty assessed under the provisions of this Section from any other monies owed by the department to the person assessed with the penalty.
D. All civil penalties collected pursuant to this Section shall be dedicated to the Explosives Trust Dedicated Fund Account, as provided in R.S. 40:1472.20.
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2021, No. 114, §18, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.10. Denial, revocation, suspension of license

RS 40:1472.10 - Denial, revocation, suspension of license
A. A license may be revoked, suspended, or denied by the deputy secretary because of but not limited to the following:
(1) Noncompliance with any order issued by the deputy secretary.
(2) Licensee convicted of a felony.
(3) Licensee advocates or knowingly belongs to any organization or group which advocates violent overthrow of or violent action against any federal, state, or local government or institution.
(4) Licensee suffers from a mental or physical defect and in the judgment of the deputy secretary may be hazardous to himself or the public.
(5) Violation by the licensee of the terms specified on the license or essential changes in the condition under which the license was issued.
(6) Violation by the licensee of any of the provisions of this Part; however, except for violations deemed to constitute an immediate threat to public safety as provided under R.S. 40:1472.11. It shall be the policy of the deputy secretary to issue a ninety-day letter of noncompliance for such violations. Should a licensee receive two such letters of noncompliance within a period of twelve months, revocation or suspension procedures can be invoked.
(7) The giving of any false information or the making of a misrepresentation to obtain a license.
(8) Any violation of this Part deemed to constitute an immediate threat to public safety as provided in R.S. 40:1472.11.
(9) The applicant for a license is a person who is currently under investigation for, or who has been criminally charged with, terrorist activity, a crime of violence as defined in R.S. 14:2(B)(1) through (16), (18) through (23), and (25) through (30), a crime involving the possession or use of a dangerous weapon as defined in R.S. 14:2(A), or a crime involving the manufacture or distribution of a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law.
B. The deputy secretary may invoke suspension of a license pending disposition of a felony charge which involves the use of explosives brought against a licensee.
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2003, No. 272, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.11. Confiscation and disposal of explosives

RS 40:1472.11 - Confiscation and disposal of explosives
A. Upon the violation of any provision of this Part which is deemed by the deputy secretary to constitute an immediate threat to public safety, the secretary shall have the power to:
(1) Order the licensee to immediately correct such violation; or
(2) Confiscate such explosives and dispose of them in any manner deemed appropriate to insure the safety of the public.
B. Such violation shall be cause for revocation or suspension of the violator's license without the issuance of a ninety-day noncompliance letter as provided in R.S. 40:1472.10(A)(6).
C. All costs incurred in the confiscation and disposal of unsafe explosives as provided in Subsection A of this Section shall be paid by the licensee.
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.12. Unlawful storage of explosives

RS 40:1472.12 - Unlawful storage of explosives
A. It is unlawful to store explosives within the boundaries of the state of Louisiana unless in a storage magazine properly licensed under R.S. 40:1472.3, except that the storage of commercially manufactured black powder by historical and cultural reenactors of twenty-five pounds or less as authorized in this Part shall be stored in the factory-provided packages and boxes or in an approved day-box portable magazine.
B. Any person who violates the provisions of this Section shall upon conviction be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or be imprisoned with or without hard labor for not less than two years nor more than five years, or both.
Acts 1995, No. 1139, §1; Acts 2009, No. 391, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.13. Abandonment of explosives

RS 40:1472.13 - Abandonment of explosives
A. It is unlawful to abandon explosives or blasting caps in any field, culvert, ditch, waterway, or similar place.
B. Any person who violates the provisions of this Section shall upon conviction be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or be imprisoned with or without hard labor for not less than two years nor more than five years, or both.
Acts 1995, No. 1139, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.14. Injunction

RS 40:1472.14 - Injunction
In addition to the penalties and other enforcement provisions of this Part, if a person is engaged in any of the businesses covered by this Part or any rule or regulation adopted or promulgated in pursuance thereto, the deputy secretary is authorized to resort to proceedings for injunction in the district court of the parish where such person shall reside or have his or its principal place of business, and therein apply for such temporary and permanent orders as the deputy secretary may deem necessary to restrain such person from engaging in any such businesses until such person shall have complied with the provisions of this Part and such rules and regulations.
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.15. Exceptions

RS 40:1472.15 - Exceptions
Nothing contained in this Part shall apply to the regular military forces of the United States, or to the duly organized military force of any state or territory thereof, or to police or fire departments in this state, provided they are acting within their respective official capacities and in the performance of their duties.
Acts 1995, No. 1139, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.16. Municipal ordinances, rules, and regulations

RS 40:1472.16 - Municipal ordinances, rules, and regulations
A. Nothing contained in this Part shall affect any existing ordinances, rules, and regulations pertaining to explosives of any incorporated city or town in this state which are not less restrictive than the provisions of this Part and the rules and regulations promulgated pursuant thereto, or affect, modify, or limit the power of such incorporated city or town to adopt ordinances, rules, and regulations pertaining to explosives within the respective corporate limits.
B. Every holder of a license issued by the deputy secretary shall obtain the specific approval of the explosives control unit before detonating any explosives in any congested area of the state, whether within the corporate limits of a city or town or not.
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.17. Administration of Part; personnel

RS 40:1472.17 - Administration of Part; personnel
The deputy secretary is authorized to employ such persons as he may deem qualified, consistent with applicable civil service regulations, and incur such other expenses as may be required in connection with the administration of this Part.
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.18. Careless use of explosives

RS 40:1472.18 - Careless use of explosives
A. No person shall store, handle, dispose, transport, transfer, load, unload, or use explosives or blasting agents, as defined by R.S. 40:1472.2, in a careless or imprudent manner without regard for the hazards or circumstances in which the explosives or blasting agents are being stored, handled, disposed, transported, transferred, loaded, unloaded, or used.
B. Whoever is convicted of violating this Section shall be guilty of a misdemeanor and fined not less than five hundred dollars and not more than two thousand dollars or imprisoned for not more than ninety days.
C. Any person in possession of an explosive license issued under R.S. 40:1472.3 upon conviction shall have such license revoked for one year from date of conviction.
Acts 1995, No. 1139, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.19. Reckless use of explosives

RS 40:1472.19 - Reckless use of explosives
A. No person shall store, handle, dispose, transport, transfer, load, unload, or use explosives or blasting agents, as defined by R.S. 40:1472.2, in a manner that endangers or could endanger human life, health, or property.
B. Whoever is convicted of violating this Section shall be guilty of a felony and fined not less than five thousand dollars nor more than twenty thousand dollars or imprisoned with or without hard labor for not less than five years nor more than ten years, or both.
Acts 1995, No. 1139, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1472.20. Explosives Trust Dedicated Fund Account

RS 40:1472.20 - Explosives Trust Dedicated Fund Account
A. The Explosives Trust Dedicated Fund Account is hereby established as a special statutorily dedicated fund account in the state treasury to support the efforts of the Department of Public Safety and Corrections, office of state police, explosives control unit. After deposit into the Bond Security and Redemption Fund, all funds collected pursuant to R.S. 40:1472.3(H) and 1472.9(D) shall be deposited in and credited to the Explosives Trust Dedicated Fund Account. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
B. The funds as specified in Subsection A of this Section shall be appropriated by the legislature and shall be used solely to support staffing, training, and the acquisition of equipment necessary for the handling of incidents involving the threat of or actual use of explosive or explosive devices which threaten the safety of the citizens of Louisiana. The amount of money deposited out of that collected pursuant to R.S. 40:1472.3(H) and 1472.9(D) shall not exceed one million dollars annually.
Acts 1999, No. 1202, §1; Acts 2021, No. 114, §10, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1481. Purpose

RS 40:1481 - Purpose
The legislature finds that the production of oil for the energy needs of the state and the nation is of vital concern and that a serious problem of theft of both the production and the means of production increases both the cost to the public and the danger to the public on the roads of the state. Therefore, the legislature imposes certain requirements upon the transportation of oil and oil field equipment.
Added by Acts 1982, No. 550, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1482. Documentation for transport

RS 40:1482 - Documentation for transport
A. Any person in possession of crude petroleum oil or any sediment, water or brine produced in association with the production of oil or gas, or both, for transportation by motor vehicle from or to storage, disposal, processing, or refining shall possess specific documentation required by regulation of the secretary of the Department of Public Safety which substantiates his right to be in possession of the estimated volume of crude petroleum oil carried in that vehicle. The regulation shall require the documentation to include:
(1) The identity of the operator and the location of the lease from which originated the crude petroleum oil or any sediment, water, or brine produced in association with the production of oil or gas, or both, if it is purportedly being transported from a lease; and
(2) The identity of the operator of and the location of the storage facility from which or to which the crude petroleum oil or any sediment, water or brine produced in association with the production of oil or gas, or both, is being transported; and
(3) The identity of the operator of and the location of the disposal, processing, or refining facility to which the crude petroleum oil or any sediment, water, or brine produced in association with the production of oil or gas, or both, is being transported; and
(4) The estimated percentage of crude petroleum oil in the sediment, water, or brine produced in association with the production of oil or gas, or both, which is being transported; or
(5) The volume of crude petroleum oil being transported; and
(6) Any additional information the secretary finds necessary or appropriate.
B. Any common carrier transporting oil field equipment, defined as any oil or gas equipment necessary for or incidental to the drilling, production, or maintenance of an oil or gas well, shall possess specific documentation required by regulation of the secretary which substantiates his right to be transporting the equipment. Such regulation shall require the documentation to include:
(1) The equipment owner's name and address;
(2) The point of origin for transporting and the destination;
(3) The name and address of the transporter, if different from the owner;
(4) A brief description of the equipment being transported, including identification marks or numbers if they exist.
Added by Acts 1982, No. 550, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1483. Impoundment

RS 40:1483 - Impoundment
A law enforcement officer may impound oil or oil field equipment and the vehicle transporting it, pending being furnished with the correct documentation or other proof of ownership or right to possession, whenever: (1) he has reasonable cause to examine the documentation; and (2) the transporter lacks it or the documentation is substantially in variance with the facts.
Added by Acts 1982, No. 550, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1484.1. Short title

RS 40:1484.1 - Short title
This Part shall be known and may be cited as the Amusement Rides Safety Law.
Added by Acts 1985, No. 733, §1; Acts 2003, No. 928, §2; Acts 2016, No. 462, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1484.2. Purpose; administration and enforcement

RS 40:1484.2 - Purpose; administration and enforcement
A. The purpose of this Part is to regulate the testing, inspection, and operation of inflatable amusement devices, amusement attractions, and amusement rides to prohibit the use of such devices, attractions, and rides when they have not been properly registered, have not received a proper and timely certificate of inspection, and have not received a set-up inspection as provided for in this Part.
B. The state fire marshal shall administer and enforce the provisions of this Part and may promulgate rules and regulations which he considers necessary to such administration and enforcement pursuant to the Administrative Procedure Act. In formulating necessary rules and regulations, the state fire marshal may use recognized standards, including but not limited to those of the ANSI, ASTM, those recognized by federal law or regulation, those published by nationally recognized standards-making organizations, those industry standards established by accepted practices or trade associations, or those contained in manufacturers' installation manuals.
C. The state fire marshal has the authority to charge and collect fees as provided for in this Part.
Acts 1985, No. 733, §1; Acts 1992, No. 244, §2, eff. June 10, 1992; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 1999, No. 413, §1; Acts 2000, 1st Ex. Sess., No. 59, §1; Acts 2003, No. 488, §1; Acts 2003, No. 490, §1; Acts 2005, No. 389, §1; Acts 2016, No. 462, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1484.4. Registration of inflatable amusement devices, amusement attractions, and amusement rides; requirements

RS 40:1484.4 - Registration of inflatable amusement devices, amusement attractions, and amusement rides; requirements
A. Any owner of an inflatable amusement device, amusement attraction, or amusement ride shall register each of his inflatable amusement devices, amusement attractions, or amusement rides with the office of state fire marshal prior to its use in this state. An owner shall renew the registration each year for each inflatable amusement device, amusement attraction, or amusement ride being used in this state.
B. To register the inflatable amusement device, amusement attraction, or amusement ride, the owner shall submit all of the following to the office of state fire marshal for approval:
(1) A registration application.
(2) A certificate of inspection dated no earlier than sixty days prior to the date of submission of a registration application.
(3) A copy of the general liability insurance in which all inflatable amusement devices, amusement attractions, or amusement rides being registered are listed on the submitted insurance declaration page.
C. Upon approval by the state fire marshal, a certificate of registration shall be issued as follows:
(1) Initial registration. Initial registration can occur at any time. A registration plate shall be issued bearing a permanent registration number. The registration plate shall be permanently affixed to the inflatable amusement device, amusement attraction, or amusement ride in a conspicuous location.
(2) Annual registration renewal. A decal bearing the month and year of the annual renewal shall be issued and affixed to the plate to indicate its current registration with the state fire marshal.
D. An owner shall notify the office of state fire marshal if a plate or decal is lost or damaged. Any plate or decal that is lost or damaged shall be decommissioned. Prior to receiving a new plate or decal, the owner shall return the damaged plate or decal to the office of state fire marshal and pay the required fee. The fee to replace a lost or damaged plate or decal is thirty dollars.
Added by Acts 1985, No. 733, §1; Acts 1992, No. 244, §2, eff. June 10, 1992; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 1999, No. 347, §§1, 2, eff. June 16, 1999; Acts 2000, 1st Ex. Sess., No. 59, §1; Acts 2003, No. 465, §1; Acts 2003, No. 488, §1; Acts 2003, No. 490, §1; Acts 2004, No. 640, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1484.5. Third-party inspection of inflatable amusement devices, amusement attractions, and amusement rides; certificate of inspection required; cease and desist orders

RS 40:1484.5 - Third-party inspection of inflatable amusement devices, amusement attractions, and amusement rides; certificate of inspection required; cease and desist orders
A. Except for the purpose of testing, training, or inspection, no inflatable amusement device, amusement attraction, or amusement ride shall be operated in this state without a current certificate of registration, valid registration plate, and registration decal issued by the office of state fire marshal.
B.(1) Each inflatable amusement device, amusement attraction, or amusement ride shall be inspected by a third-party inspector for safety and subjected to nondestructive testing, according to the manufacturer's recommendations, if any, at least annually, in accordance with ASTM-F-24, as promulgated by the state fire marshal in conformity with the Administrative Procedure Act, and other applicable standards, regulations, manuals, manufacturers' specifications, service bulletins, and notices.
(2) Upon completion of each inspection as required in this Section, the third-party inspector shall submit a certificate of inspection to the office of state fire marshal and the owner. The certificate shall be valid for not more than twelve months from the date of issuance.
(3) If the third-party inspection shows that an inflatable amusement device, amusement attraction, or amusement ride does not comply with all relevant provisions of this Part and the adopted standards, regulations, and applicable manuals, service bulletins, and notices, the third-party inspector shall notify and submit the findings to the state fire marshal within ten days of the inspection. The office of state fire marshal shall issue a cease and desist order to the operator or owner indicating that operation of the inflatable amusement device, amusement attraction, or amusement ride, which does not comply, is to immediately cease in the state. The state fire marshal shall lift any cease and desist order and issue registration plates or registration decals, if applicable, for the inflatable amusement devices, amusement attractions, or amusement rides only when the deficiencies have been remedied to the satisfaction of a third-party inspector and proof of satisfaction is submitted to and approved by the state fire marshal.
Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 1999, No. 347, §1, eff. June 16, 1999; Acts 2000, 1st Ex. Sess., No. 59, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.