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2023 Regular Session
HOUSE BILL NO. 540
BY REPRESENTATIVE MIGUEZ
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PORTS/HARBORS/TERMINALS: Establishes a port and harbor police force for ports
meeting certain requirements
1 AN ACT
2To enact R.S. 34:1603.2, relative to port and harbor police; to provide for appointment,
3 salary, and appointee requirements; to require a bond be furnished by port and harbor
4 police conditioned on performance of duties; to provide for authority, arrests,
5 warrants, and no limitation on sheriffs; to provide for jurisdiction of police to ensure
6 a parish with a specific outlined population maintains its jurisdiction; to provide an
7 effective date; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 34:1603.2 is hereby enacted to read as follows:
10 ยง1603.2. Port and harbor police
11 A. For purposes of this Section, in any port district whose territorial limits
12 encompass parishes with a population of sixty-eight thousand to seventy-three
13 thousand and fifty-seven thousand to fifty-seven thousand four hundred, the
14 commission may, in its discretion, appoint, fix salaries of, and pay port and harbor
15 police. The port and harbor police may consist of any number of people of good
16 character and citizens of the state; however, no member shall be under eighteen years
17 of age.
18 B. Each of the port and harbor police so appointed shall furnish bond in a
19 sum to be fixed by the commission at not less than one hundred dollars, conditioned
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HB NO. 540
1 on the faithful performance of his duties, and any person injured or damaged by any
2 port or harbor police may sue upon that bond.
3 C. The port and harbor police provided for in this Section shall have, under
4 the direction and control of the commission, the same power to make arrests, in and
5 upon the property within the jurisdiction of the commission and approaches thereto,
6 and to execute and return all criminal warrants and processes, as sheriffs of this state
7 have, and shall under the same direction and authority, have all the powers of sheriffs
8 as peace officers in all places and on all premises under the jurisdiction and control
9 of the commission, and the streets and approaches thereto.
10 D. Any persons arrested by officers of the commission meeting the
11 requirements of Subsection A of this Section and the return of all warrants or
12 processes served by these officers shall be surrendered or delivered to the criminal
13 sheriff of the parish in which the arrest occurred as determined by location of arrest;
14 provided this shall in no way deprive the sheriff or deputy sheriff in a parish with a
15 population of sixty-eight thousand to seventy-three thousand or fifty-seven thousand
16 to fifty-seven thousand four hundred from making arrests or from serving warrants
17 or process of court in any such place or on any such premises.
18 E. A commission that meets the requirements of Subsection A of this Section
19 shall adopt rules and regulations for the conduct, management, and control of the
20 port and harbor police, and shall, from time to time, enlarge, modify, or change such
21 rules and regulations in its discretion.
22 Section 2. This Act shall become effective upon signature by the governor or, if not
23signed by the governor, upon expiration of the time for bills to become law without signature
24by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
25vetoed by the governor and subsequently approved by the legislature, this Act shall become
26effective on the day following such approval.
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HB NO. 540
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)]
HB 540 Engrossed 2023 Regular Session Miguez
Abstract: Specifies rights and powers of port and harbor police.
Proposed law establishes for parishes with a population of 68,000 to 73,000 and 57,000 to
57,400, the commission may appoint, fix salaries of, and pay port and harbor police and
provides requirements of appointees.
Proposed law requires appointees furnish a bond upon which suit may be brought for injury
or for failure of appointee to faithfully perform his duties.
Proposed law enables port and harbor police to perform law enforcement duties
commensurate with powers of sheriffs.
Proposed law provides for arrestees of the port and harbor police to be delivered to the
sheriff of the parish in which it occurs, and provides that such authority not deprive law
enforcement from a parish with a population of 68,000 to 73,000 or 57,000 to 57,400 from
performing their duties.
Proposed law allows for the commission to make rules and regulations relative to the port
and harbor police and provides for modifications to the rules and regulations.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 34:1603.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Change the parishes affected to both instead of either.
2. Change the parish that in which enforcement not be deprived of authority to a
parish with a population of 68,000 to 73,000 or 57,000 to 57,400.
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