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Regular Session, 2010
SENATE BILL NO. 49
BY SENATOR LONG
GOVERNMENT ORGANI ZATION. Establishes the Sabine River Authority as a
nonbudget unit of the state. (gov sig)
AN ACT1
To amend and reenact R.S. 38:2324(B) and 2330.2(B) and R.S. 44:23.1(A), relative to the2
Sabine River Authority; to establish the Sabine River Authority as a nonbudget unit3
of the state; to provide with regard to certain records of the Sabine River Authority;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 38:2324(B) and 2330.2(B) are hereby amended and reenacted to read7
as follows:8
§2324. Status; suits; process; exemption from taxation9
* * *10
B. (1) The authority shall operate from self-generated revenues and shall11
not be a budget unit of the state. The authority may, however, receive state12
appropriations at any time it is deemed advisable by the legislature, and only13
the expenditure of such appropriated funds shall be subject to budgetary14
controls or authority of the division of administration. The authority shall15
establish its own operating budget for the use of its self-generated revenues or16
unencumbered fund balances subject to a two-thirds approval of the board of17 SB NO. 49
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commissioners of the authority. Any budget adopted shall be effective for a1
fiscal year commensurate with that of the state.2
(2) The authority It shall not have the power to levy taxes but it may assess3
and collect charges, fees, and rentals for the use of its lands or water bottoms and for4
the construction, installation, maintenance, and operation on such lands or water5
bottoms, or on the surface of any lake or reservoir owned by it or in which it has an6
interest, any wharf, dock, boathouse, pier, marine, shop, store, gasoline dispenser,7
or other commercial establishment. It shall have and possess the authority to sue and8
be sued. All legal process shall be served upon the chairman of the board of9
commissioners.10
* * *11
§2330.2. Sabine River Compact Administration; per diem expenses for Louisiana12
members13
* * *14
B. The members of the Sabine River Compact Administration appointed by15
the governor to represent the state as provided by Article VII of the Sabine River16
Compact contained in R.S. 38:2329 shall be entitled to receive a per diem allowance17
of fifty dollars for each day of a meeting of the administration or any of its18
committees actually attended by such member, to be paid out of the funds available19
for the purpose by the Department of Transportation and Development Sabine River20
Authority, on their its own warrant. This per diem allowance shall also include any21
additional days of travel reasonably required to attend the meetings. In addition, such22
members of the administration shall be entitled to be reimbursed for expenses23
actually incurred in attending meetings of the administration or its committees, or in24
the transaction of any business of the administration, when such business has been25
authorized by the Department of Transportation and Development Sabine River26
Authority.27
* * *28
Section 2. R.S. 44:23.1(A) is hereby amended and reenacted to read as follows:29 SB NO. 49
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§23.1. Department of Transportation and Development; Sabine River Authority;1
exception for certain sensitive security information or critical2
infrastructure information3
A. Except as otherwise provided in Subsection B of this Section, nothing in4
this Chapter shall be construed to require disclosure of records of the Department of5
Transportation and Development, including without limitation or the Sabine River6
Authority, state of Louisiana, containing sensitive security information or critical7
infrastructure information.8
* * * 9
Section 3. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that the Sabine River Authority is an agency and instrumentality of the
state of Louisiana and is a corporation and body politic and corporate, with power of
perpetual succession, invested with all powers, privileges, rights, and immunities conferred
by present law upon other corporations of like character including, but not limited to, port
authorities, port commissions, and port, harbor, and terminal districts within the state.
Proposed law retains present law.
Present law provides that the Sabine River Authority is placed within the Department of
Transportation and Development (DOTD) and is to perform and exercise its powers, duties,
functions, and responsibilities in the manner provided for agencies transferred in accordance
with the provisions of present law.
Proposed law retains present law.
Present law further provides that the agencies transferred to DOTD as provided in present
law, including the Sabine River Authority, are to exercise the powers, duties, functions, and
responsibilities as provided by present law and are to administer and implement the
programs authorized by present law independently of the secretary, the undersecretary, and
any assistant secretary of DOTD.
Proposed law retains present law.
Proposed law further establishes the Sabine River Authority as a non-budget unit of the state. SB NO. 49
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that the authority shall operate from self-generated revenues, but may
receive state appropriations at any time it is deemed advisable by the legislature, and only
the expenditure of such appropriated funds is subject to budgetary controls or authority of
the division of administration.
Proposed law further provides that the authority is to establish its own operating budget for
the use of its self-generated revenues or unencumbered fund balances subject to a two-thirds
approval of the board of commissioners of the authority, and any budget adopted is to be
effective for a fiscal year commensurate with that of the state.
Present law provides that the members of the Sabine River Compact Administration
appointed by the governor to represent the state as provided in the Sabine River Compact
are entitled to receive a per diem allowance of $50 for each day of a meeting of the
administration or any of its committees actually attended by such member, which is to be
paid out of funds available for that purpose by DOTD.
Present law further provides that members of the Sabine River Compact Administration are
entitled to be reimbursed for expenses actually incurred in attending meetings of the
administration or its committees, or in the transaction of any business of the administration,
when such business has been authorized by DOTD.
Proposed law provides that the payment of the per diem allowance and actual expenses
provided for by present law are to be paid by the Sabine River Authority out of funds
available for that purpose.
Proposed law further provides that members of the Sabine River Compact Administration
are entitled to be reimbursed for business expenses provided for by present law when such
business has been authorized by the authority.
Proposed law otherwise retains present law.
Present law provides that nothing in present law is to be construed to require disclosure of
records of DOTD, including without limitation the Sabine River Authority, containing
sensitive security information or critical infrastructure information.
Proposed law distinguishes between DOTD and the Sabine River Authority relative to
present law.
Proposed law otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 38:2324(B) and 2330.2(B) and R.S. 44:23.1(A))