Provides relative to the crime of criminal trespass on running waters of the state
Impact
The implications of HB 91 may significantly alter how trespassing laws are interpreted in the context of waterways in Louisiana. By explicitly including watercraft operations under the parameters for an affirmative defense, the bill seeks to prevent unjust prosecutions against individuals who may inadvertently violate trespass laws while enjoying or navigating state waters. This could lead to a more favorable legal environment for recreational boating and fishing enthusiasts, potentially boosting related activities within the state.
Summary
House Bill 91, introduced by Representative Bacala, focuses on amending the law regarding criminal trespass in relation to the operation of watercraft. The bill aims to establish an affirmative defense for individuals accused of criminal trespass if they can demonstrate that they were authorized to operate their watercraft on Louisiana's running waters. This clarification intends to provide legal protections to those who enter or remain on waterways, contingent on the authorization aligned with existing civil codes concerning property rights.
Sentiment
The sentiment surrounding HB 91 appears to be generally supportive among stakeholders involved in outdoor recreation, water sports, and local communities that benefit economically from these activities. Advocates argue that the bill corrects an oversight in the existing law that unfairly penalizes those operating in compliance with water laws. However, there may also be concerns from property owners or local governing bodies regarding the extent of leverage this bill grants individuals concerning trespassing, which may require further discussion and consideration.
Contention
Notable points of contention may arise regarding the balance between individual liberties to access public waterways and the property rights of landowners. Detractors might worry that by providing an affirmative defense for watercraft users, the bill could encourage irresponsible behavior in or around private properties adjacent to these waterways. The ongoing debate will likely center on whether the protections afforded by this bill adequately address landowner concerns while promoting public enjoyment of the state’s natural resources.
Requires the State Board of Elementary and Secondary Education to grant five-year teaching certificates to applicants who hold out-of-state teaching certificates and who meet other criteria (EN NO IMPACT See Note)