Louisiana 2010 2010 Regular Session

Louisiana House Bill HB877 Chaptered / Bill

                    ENROLLED
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ACT No. 46
Regular Session, 2010
HOUSE BILL NO. 877
BY REPRESENTATIVES ST. GERMAIN, DOVE, AND HARRISON AND SENATOR
N. GAUTREAUX
AN ACT1
To enact R.S. 34:851.14.1, 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 disaster, as defined in R.S. 29:723, the secretary may7
close any waterway, other than navigable waters of the United States as set forth in8
33 CFR Part 2, to boating access, travel, or use or may restrict the type of use9
including issuing no wake zones in any reasonable manner.  Such closure or10
restriction shall be for a period of time not to extend beyond the seventh day11
following the next meeting of the Wildlife and Fisheries Commission.12
B. Any such closure or restricted use shall be made by an order issued by the13
secretary in the same manner as issuance of an emergency rule as provided in R.S.14
49:953(B).  Such order shall be subject to oversight by the House Committee on15
Natural Resources and Environment and the Senate Committee on Natural Resources16
in accordance with R.S. 49:953(B).  The order authorized in this Section shall17
specify a closure or a type of restriction, a description of the area subject to the order,18
and the reason for the emergency action. Upon issuance of any such order, no19
person shall operate a vessel contrary to the provisions of the order.20
C. Violation of any order authorized by this Section constitutes a class three21
violation, as specified in R.S. 56:33.22
Section 2. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24 ENROLLEDHB NO. 877
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: