RÉSUMÉ DIGEST
HB 197 2020 Regular Session Zeringue
Present law provides for the crimes of unauthorized entry of a critical infrastructure and
criminal damage to a critical infrastructure.
Present law defines "critical infrastructure" as any and all structures, equipment, or other
immovable or movable property located within or upon chemical manufacturing facilities,
refineries, electrical power generating facilities, electrical transmission substations and
distribution substations, water intake structures and water treatment facilities, natural gas
transmission compressor stations, liquified natural gas terminals and storage facilities,
natural gas and hydrocarbon storage facilities, transportation facilities, such as ports, railroad
switching yards, pipelines, and trucking terminals, or any site where the construction or
improvement of any facility or structure is occurring.
Proposed law would have amended the present law definition of "critical infrastructure" to
add water control structures including floodgates or pump stations.
Present law provides that whoever commits the crime of unauthorized entry of a critical
infrastructure shall be imprisoned with or without hard labor for not more than five years,
fined not more than $1,000, or both.
Proposed law would have provided for a fine of not more than $5,000 and imprisonment at
hard labor for not less than three years nor more than 15 years when the crime is committed
during the existence of a state of emergency, which has been declared pursuant to law by the
governor or the chief executive officer of any parish.
(Proposed to amend R.S. 14:61(B)(1) and (C))
VETO MESSAGE:
"House Bill 197 was designed by Rep. Jerome Zeringue to add "water control structures,
including floodgates and pump stations" to the list of critical infrastructure contained in Act
692 of the 2018 Regular Session. While I support protecting critical water control structures
and the intention of the bill, there are two critical problems that provide the reasons for my
veto.
First, the second section of the bill provides for enhanced criminal penalties and a mandatory
minimum jail sentence of three years if the unauthorized entry occurs during the existence
of a "state of emergency." While this was intended by the author to cover only the imminent
threat of a tropical event, it ends up being the default penalty. Louisiana is currently under
eleven different states of emergency, ranging from the most recent event of Tropical Storm
Cristobal to the March flooding in 2016. Since Louisiana is in a constant state of emergency,
there would likely never be a time when the lesser penalty is in effect.
Further, the term "water control structure" is ill-defined in the bill. In many areas around the
state, for example, levees are used for public recreation. Although clearly not intended by the
bill, the inclusion of these structures could potentially criminalize conduct that does not
endanger the water control structures. As stated above, I will be happy to work with Rep.
Zeringue in a future session to protect this critical infrastructure, and I am confident we can
amend Act 692 to provide a reasonable solution that does not have the unintended
consequences of HB 197."