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Regular Session, 2010
HOUSE BILL NO. 880
BY REPRESENTATIVES WHITE, DOVE, HARRISON, AND ST. GERMAIN AND
SENATOR N. GAUTREAUX
WATERWAYS: Establishes a state criminal penalty for violation of a federally established
safety or security zone on waterways
AN ACT1
To enact R.S. 34:851.14.1, relative to safety zones and security zones; to provide for2
definitions; to prohibit violating restrictions of an established safety zone or security3
zone; to provide for penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 34:851.14.1 is hereby enacted to read as follows:6
ยง851.14.1. Safety and security zones7
A. For the purposes of this Section, the following terms shall have the8
following meanings:9
(1) A "safety zone" shall mean a zone established for the protection of any10
vessel, structure, waters, or shore area from a safety or environmental hazard and11
shall include a water area, shore area, or water and shore area to which, for safety or12
environmental purposes, access is limited to authorized persons, vehicles, or vessels.13
The zone may be stationary and described by fixed limits, or it may be described as14
a zone around a vessel in motion.15
(2) A "security zone" shall mean a zone established for national security16
interests and shall include all areas of land or water which are so designated by the17
captain of the port for such time as he deems necessary to prevent damages or injury18 HLS 10RS-271 REENGROSSED
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to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters1
of the state or to secure the observance of the rights and obligations of the state.2
B. No person shall violate any restriction of a safety zone or security zone3
established pursuant to rules and regulations promulgated by the United States Coast4
Guard under authority granted by the Ports and Waterways Safety Act, 33 U.S.C.5
1231, or the Magnuson Act, 50 U.S.C. 191.6
C.(1) Whoever knowingly violates or should have known he violated the7
restriction of a safety zone shall be subject to the penalty provisions of a class two8
violation as specified in R.S. 56:32.9
(2) Whoever knowingly violates or should have known he violated the10
restriction of a security zone shall be fined not more than nine hundred fifty dollars11
or imprisoned for not more than one hundred twenty days, or both.12
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)]
White HB No. 880
Abstract: Establishes a state criminal penalty for violation of a federally established safety
or security zone on waterways.
Proposed law defines a "safety zone" established due to safety or environmental hazards and
a "security zone" established for national security reasons.
Proposed law provides that no person shall violate a restriction of a safety zone or a security
zone established pursuant to rules and regulations promulgated by the U.S. Coast Guard
under the authority of the Ports and Waterways Safety Act or the Magnuson Act.
Proposed law provides that whoever knowingly violates a safety zone shall be penalized as
a class two violation as specified in present law as follows:
1
st
offense$100 to $300 or 60 days imprisonment, or both.
2
nd
offense$300 to $500 and 30 to 60 days imprisonment.
3
rd
or more$500 to $700 and 60 to 90 days imprisonment and forfeiture.
Proposed law provides that whoever knowingly violates or should have known he violated
the restriction of a security zone shall be fined not more than $950 or imprisoned for not
more than 120 days, or both.
(Adds R.S. 34:851.14.1) HLS 10RS-271 REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Added a separate penalty for knowingly violating the restriction of a safety zone
of a class two violation.
2. Added that a violation of security zones must be knowingly or where the person
should have known he violated a security zone restriction.