Louisiana 2010 2010 Regular Session

Louisiana House Bill HB877 Introduced / Bill

                    HLS 10RS-270	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 877
BY REPRESENTATIVES ST. GERMAIN, DOVE, AND HARRISON AND SENATOR
N. GAUTREAUX
WATERWAYS:  Authorizes the closure or restricted use of waterways during time of
emergency
AN ACT1
To enact R.S. 34:951.14.1, relative to closure of waterways; to provide for the authority to2
close or restrict the access of a waterway; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1.  R.S. 34:851.14.1 is hereby enacted to read as follows:5
ยง851.14.1.  Closure of waterways6
A. In an emergency or other situation where human safety is a concern, the7
secretary may close any waterway to boating access, travel, or use or may restrict the8
type of use including issuing no wake zones in any reasonable manner. Such closure9
or restriction shall be for a period of time not to extend beyond the seventh day10
following the next meeting of the Wildlife and Fisheries Commission.11
B. Any such closure or restricted use shall be made by an order issued by the12
secretary in the same manner as issuance of an emergency rule as provided in R.S.13
49:953(B). The order authorized in this Section shall specify a closure or a type of14
restriction, a description of the area subject to the order, and the reason for the15
emergency action. Upon issuance of any such order, no person shall operate a vessel16
contrary to the provisions of the order.17
C. Violation of any order authorized by this Section constitutes a class three18
violation, as specified in R.S. 56:33.19 HLS 10RS-270	ORIGINAL
HB NO. 877
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
St. Germain	HB No. 877
Abstract: Authorizes the closure or restricted use of waterways during time of emergency.
Proposed law authorizes the secretary in an emergency or other situation where human
safety is a concern to close any waterway to boating access or may restrict the type of use.
Limits the duration of the closure period to not more than seven days after the next meeting
of the Wildlife and Fisheries Commission.
Proposed law provides that such closure or restricted use shall be made in the same manner
as an emergency rule under the Administrative Procedure Act and shall specify a closure or
a type of restriction, a description of the area subject to the order, and the reason for the
emergency action.
Proposed law prohibits any person from operating a vessel contrary to the provisions of the
order. Violation of any such order constitutes a class 3 violation.
(Adds R.S. 34:951.14.1)