Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB670 Engrossed / Bill

                    SLS 12RS-1678	ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 670
BY SENATOR LAFLEUR 
LIABILITY INSURANCE. Requires liability insurance for charter boat fishing guides and
charter vessels. (8/1/12)
AN ACT1
To amend and reenact R.S. 56:302.9(A) and 302.9.1(A), relative to charter boat and charter2
boat fishing guides; to provide for licensing requirements; to provide for proof of3
liability insurance; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 56:302.9(A) and 302.9.1(A) are hereby amended and reenacted to6
read as follows: 7
§302.9.  Charter boat fishing guide license; nonresident fee8
A.(1) No person shall act as nor shall he represent himself to be a saltwater9
charter boat fishing guide unless that person has in his name a valid state charter boat10
fishing guide license, a valid captain's license issued by the United States Coast11
Guard, proof of liability insurance, and a valid state recreational fishing license, or12
in lieu of a state recreational fishing license, the person was born prior to June 1,13
1940, or has a valid senior hunting and fishing license issued pursuant to R.S.14
56:302.1(G). In addition, any person acting as a saltwater charter boat fishing guide15
who is in charge of the operation of a vessel shall have his required licenses and16
proof of liability insurance on his person while on the water.  It shall not be a17 SB NO. 670
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
violation of this Section for a person to represent himself as a charter boat fishing1
guide if that person held a valid license during the previous thirty days but has not2
renewed the license.3
(2) The liability insurance required by this Subsection shall be written4
by an insurance company with at least an A- rating in the latest printing of the5
A.M. Best's Key Rating Guide and in a sufficient amount as determined by the6
commission to protect the public.7
(2)(3) The nonresident charter boat fishing guide license shall be available8
only from the Baton Rouge office of the Department of Wildlife and Fisheries. Such9
licenses shall be issued on a consignment basis, and no agent fees shall apply.  A10
nonresident charter boat fishing guide license shall only be made available to those11
persons who possess a valid captain's license issued by the United States Coast12
Guard.13
*          *          *14
§302.9.1.  Charter boat license; skiff fee; charter fishing trip license15
A. For a charter fishing operation which does not have a charter boat fishing16
guide present, a charter boat license shall be required. Such license shall be for a17
charter fishing operation which consists of a large motorized vessel carrying small18
skiffs attached to it with such skiffs to be used by no more than two people for19
fishing purposes. The main motorized vessel shall be required to carry a charter boat20
license, and proof of liability insurance, and the captain shall have a valid captain's21
license issued by the United States Coast Guard with the license on his person. For22
those vessels which carry up to six skiffs, the license fee shall be one thousand23
dollars per year. For those vessels which carry more than six skiffs, the license fee24
shall be two thousand dollars per year. No main motorized vessel licensed under the25
provisions of this Section shall enter any wildlife management area managed by the26
Department of Wildlife and Fisheries.  The liability insurance required by this27
Subsection shall meet the requirement of R.S. 56:302.9(A)(2).28
*          *          *29 SB NO. 670
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Horne.
DIGEST
LaFleur (SB 670)
Present law prohibits a person to act as or represent himself to be a saltwater charter boat
fishing guide unless that person has, in his name, a valid state charter boat fishing license,
a valid captain's license issued by the U.S. Coast Guard, and a valid state recreational fishing
license. Further requires any person acting as a saltwater charter boat fishing guide who is
in charge of the operation of a vessel to have required licenses on his person while on the
water.
Proposed law retains present law and includes the requirement of having proof of liability
insurance. Further requires the liability insurance to be written by an insurance company
with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide in a
sufficient amount as determined by the commission to protect the public.
Present law provides that a charter fishing operation which does not have a charter boat
fishing guide present must have a charter boat license. Further requires such license to be
for a charter fishing operation which consists of a large motorized vessel carrying small
skiffs attached to it with such skiffs to be used by no more than two people for fishing
purposes. Requires the main motorized vessel to carry a charter boat license and the captain
to have a valid captain's license issued by the U.S. Coast Guard with the license on his
person.
Proposed law retains present law and requires the main motorized vessel to carry proof of
liability insurance. Further requires the liability insurance to be written by an insurance
company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide
and in a sufficient amount as determined by the commission to protect the public.
Effective August 1, 2012.
(Amends R.S. 56:302.9(A) and 302.9.1(A))