Louisiana 2010 Regular Session

Louisiana House Bill HB880 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
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ACT No. 47
Regular Session, 2010
HOUSE BILL NO. 880
BY REPRESENTATIVES WHITE, DOVE, HARRISON, AND ST. GERMAIN AND
SENATORS N. GAUTREAUX AND WAL SWORTH
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
to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters19
of the state or to secure the observance of the rights and obligations of the state.20
B. No person shall violate any restriction of a safety zone or security zone21
established pursuant to rules and regulations promulgated by the United States Coast22
Guard under authority granted by the Ports and Waterways Safety Act, 33 U.S.C.23
1231, or the Magnuson Act, 50 U.S.C. 191.24 ENROLLEDHB NO. 880
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CODING: Words in struck through type are deletions from existing law; words underscored
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C.(1) Whoever knowingly violates or should have known he violated the1
restriction of a safety zone shall be subject to the penalty provisions of a class two2
violation as specified in R.S. 56:32.3
(2) Whoever knowingly violates or should have known he violated the4
restriction of a security zone shall be fined not more than nine hundred fifty dollars5
or imprisoned for not more than one hundred twenty days, or both.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: