Senate Bill 2220

AN ACT TO AMEND SECTION 49-19-351, MISSISSIPPI CODE OF 1972, TO ALLOW THE BOARDS OF SUPERVISORS TO PROVIDE AN EXEMPTION TO OUTDOOR BURNING BANS FOR PERSONS WHO ARE CERTIFIED TO PERFORM CONTROLLED BURNS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-19-351, Mississippi Code of 1972, is amended as follows:

49-19-351. (1) In this section, "drought or wildfire conditions" means the existence of a deficit of moisture creating severe conditions with increased wildfire occurrences as determined by the State Forestry Commission through use of drought indices or models or the existence of extreme wildfire conditions.

(2) If the State Forestry Commission determines that drought or wildfire conditions exist in a county, the commission shall notify the board of supervisors of that county. The commission may recommend that a temporary outdoor burning ban or other restrictions be adopted by the board of supervisors.

(3) The board of supervisors may, by order, prohibit or restrict outdoor burning in all or part of the unincorporated parts of the county if drought or wildfire conditions have been determined to exist by the State Forestry Commission. An order must specify the period during which burning is restricted. The board of supervisors may provide for an exemption to the outdoor burning ban for persons who are certified to perform controlled burns. The State Forestry Commission shall notify the board of supervisors when the drought or wildfire conditions no longer exist. Any order issued under this section shall expire upon the determination that the drought or wildfire conditions no longer exist.

(4) Any person who knowingly and willfully violates an order under this section is guilty of a misdemeanor and may be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

(5) The sheriff of the county shall enforce the order and may cite persons for violations of an order under this section.

SECTION 2. This act shall take effect and be in force from and after its passage.