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Regular Session, 2010
SENATE BILL NO. 693
BY SENATOR MORRISH
LEVEES. Creates the Chenier Plain Coastal Restoration and Protection Authority.
(8/15/10)
AN ACT1
To enact R.S. 38:291(AA) and 329.5, relative to levee districts; to create the Chenier Plain2
Coastal Restoration and Protection Authority; to provide for its boundaries and3
membership; to provide for the powers, functions and duties of the board of4
commissioners; to provide terms, conditions, and requirements; and to provide for5
related matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 38:291(AA) and 329.5 are hereby enacted to read as follows: 9
ยง291. Naming; limits of districts; composition of boards10
* * *11
AA. Chenier Plain Coastal Restoration and Protection Authority.12
(1) All of the lands in the parishes of Acadia, Calcasieu, Cameron,13
Jefferson Davis, and Vermilion shall be embraced in the limits of a levee district14
to be known as the Chenier Plain Coastal Restoration and Protection Authority.15
These lands and all property thereon situated, not exempt from taxation, shall16
be subject to the provisions of this Chapter.17 SB NO. 693
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(2) The governor shall appoint, subject to Senate confirmation, fifteen1
persons to serve as commissioners as follows:2
(a) The president of Acadia Parish shall submit a list of six nominations,3
subject to ratification by the governing authority of Acadia Parish, and the4
governor shall appoint three members from the list.5
(b) The president of Calcasieu Parish shall submit a list of six6
nominations, subject to ratification by the governing authority of Calcasieu7
Parish, and the governor shall appoint three members from the list.8
(c) The president of Cameron Parish shall submit a list of six9
nominations, subject to ratification by the governing authority of Cameron10
Parish, and the governor shall appoint three members from the list.11
(d) The president of Jefferson Davis Parish shall submit a list of six12
nominations, subject to ratification by the governing authority of Jefferson13
Davis Parish, and the governor shall appoint three members from the list.14
(e) The president of Vermilion Parish shall submit a list of six15
nominations, subject to ratification by the governing authority of Vermilion16
Parish, and the governor shall appoint three members from the list.17
(3) A vacancy created whether by reason of death, resignation,18
expiration of term, or any other cause of a member of the board of19
commissioners shall be filled in the same manner as provided in Paragraph (2)20
of this Subsection.21
(4) Any person appointed a commissioner shall have resided in this state22
the preceding two years, reside and be a qualified voter in the parish from23
where nominated, and reside in the parish while serving as a member of the24
board.25
* * *26
329.5. Chenier Plain Coastal Restoration and Protection Authority; powers27
and duties28
A.(1) The Chenier Plain Coastal Restoration and Protection Authority29 SB NO. 693
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words in boldface type and underscored are additions.
("authority") shall constitute a political subdivision of the state of Louisiana1
within the meaning of Article VI, Section 44 of the Constitution of Louisiana,2
and is hereby granted the power to issue bonds and to levy taxes for the3
payment of principal and interest thereon as provided in this Subsection.4
(2) The authority may levy taxes, incur debt, and otherwise raise revenue5
as provided in Article VI, Sections 39 and 40 of the Constitution of Louisiana6
and in any manner provided by law for levee districts.7
(3)(a) The authority may levy a sales and use tax at a rate not to exceed8
one percent upon the sale at retail, the use, the lease or rental, the consumption,9
and the storage for use or consumption of tangible personal property and on10
sales of services, all as defined and provided for in the Uniform Local Sales Tax11
Code, R.S. 47:337.1 et seq., if approved by a majority of electors in each parish12
voting thereon in an election held for that purpose.13
(b) The tax authorized by this Paragraph shall not be subject to the14
combined rate limitation established in Section 29(A) of Article VI of the15
Constitution of Louisiana nor to the combined rate limitation established by16
R.S. 33:2721.6. The power granted in this Paragraph shall not limit any taxing17
power granted to any other political subdivision by any other provision of law.18
(4) The authority may issue general obligation bonds as defined in19
Article VI, Section 33 of the Constitution of Louisiana in the manner set forth20
in R.S. 39:551 et seq., and may issue sales tax revenue bonds as provided for in21
R.S. 39:698.1 et seq.22
B. The authority shall have all the rights and powers conferred by23
Chapter 4 of Title 38 of the Louisiana Revised Statutes of 1950, as amended,24
together with such additional rights and powers as may be granted by the25
legislature.26
C.(1) The management and control of the authority shall be vested in the27
board of commissioners of the Chenier Plain Coastal Restoration and28
Protection Authority. In addition to any other powers and duties provided by29 SB NO. 693
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words in boldface type and underscored are additions.
law, the primary duty of the board shall be to establish, construct, operate, or1
maintain flood control works as they relate to hurricane protection, tidewater2
flooding, saltwater intrusion, and conservation. As a secondary duty, the board3
shall have the power to establish flood control, adequate drainage relating to4
tidal or riverine flooding, and water resources development including but not5
limited to construction of reservoirs, diversion canals, gravity and pump6
drainage systems, erosion control measures, and marsh management.7
(2) The board may establish one or more advisory commissions to8
provide a venue for input from the broad range of persons and groups who may9
participate in and assist the board in the performance of its powers and duties.10
D.(1) The board may enter into contracts and agreements of any nature11
for the purposes of this Chapter with any person or persons, corporation,12
association, or other entity, including public corporations, port authorities, the13
state and agencies thereof, levee districts, parishes, other political subdivisions,14
the United States government and agencies thereof, or any combination thereof,15
or with instrumentalities of any kind to carry out the purposes of and the16
powers granted in this Chapter.17
(2) In seeking requests for proposals for professional engineering18
services, the board shall make every effort to utilize various engineering19
companies located within the parishes of Acadia, Calcasieu, Cameron, Jefferson20
Davis, or Vermilion.21
E. The board may enter into contracts or other agreements with any22
person or entity concerning the providing of lands, servitudes, rights-of-way,23
and relocations, and may engage jointly in the exercise of any power to include24
the construction, operation, and maintenance of any facilities and25
improvements for the purpose of the projects under this Chapter.26
F. The board shall have the power to construct and maintain drainage27
works of all types as they relate to tidewater flooding, hurricane protection,28
conservation, and saltwater intrusion, either in cooperation with one or more29 SB NO. 693
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parishes, municipalities, drainage districts, or other special districts within its1
jurisdiction, or upon its own undertaking.2
G. The board may buy and sell property, make and execute all contracts,3
and perform any and all things necessary to carry out the objects of this4
Chapter, subject to the limitations and duties provided in this Section.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Proposed law creates the Chenier Plain Coastal Restoration and Protection Authority
("authority"). Further provides that the boundaries of the authority will encompass all of the
lands in the parishes of Acadia, Calcasieu, Cameron, Jefferson Davis, and Vermilion.
Proposed law provides that the governor will appoint, subject to Senate confirmation, 15
persons to serve as commissioners as follows:
(a)The president of Acadia Parish will submit a list of 6 nominations, subject to
ratification by the governing authority of Acadia Parish, and the governor will
appoint 3 members from the list.
(b)The president of Calcasieu Parish will submit a list of 6 nominations, subject to
ratification by the governing authority of Calcasieu Parish, and the governor will
appoint 3 members from the list.
(c)The president of Cameron Parish will submit a list of 6 nominations, subject to
ratification by the governing authority of Cameron Parish, and the governor will
appoint 3 members from the list.
(d)The president of Jefferson Davis Parish will submit a list of 6 nominations, subject
to ratification by the governing authority of Jefferson Davis Parish, and the governor
will appoint 3 members from the list.
(e)The president of Vermilion Parish will submit a list of 6 nominations, subject to
ratification by the governing authority of Vermilion Parish, and the governor will
appoint 3 members from the list.
Proposed law provides that a vacancy created whether by reason of death, resignation,
expiration of term, or any other cause of a member of the board of commissioners will be
filled in the same manner as provided in proposed law .
Proposed law requires that any person appointed a commissioner will have resided in this
state the preceding 2 years, reside and be a qualified voter in the parish from where
nominated, and reside in the parish while serving as a member of the board.
Proposed law provides that the authority will constitute a political subdivision of the state
of Louisiana within the meaning of Article VI, Section 44 of the Constitution of Louisiana,
and is hereby granted the power to issue bonds and to levy taxes for the payment of principal
and interest thereon as provided in proposed law.
Proposed law allows the authority to levy taxes, incur debt, and otherwise raise revenue as
provided in Article VI, Sections 39 and 40 of the Constitution of Louisiana and in any SB NO. 693
SLS 10RS-70 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
manner provided by law for levee districts.
Proposed law allows the authority to levy a sales and use tax at a rate not to exceed 1% upon
the sale at retail, the use, the lease or rental, the consumption, and the storage for use or
consumption of tangible personal property and on sales of services, all as defined and
provided for in the Uniform Local Sales Tax Code, R.S. 47:337.1 et seq., if approved by a
majority of electors in each parish voting thereon in an election held for that purpose.
Proposed law provides that the tax authorized by proposed law will not be subject to the
combined rate limitation established in Section 29(A) of Article VI of the Constitution of
Louisiana nor to the combined rate limitation established by R.S. 33:2721.6. Further
provides that the power granted in proposed law will not limit any taxing power granted to
any other political subdivision by any other provision of law.
Proposed law allows the authority to issue general obligation bonds as defined in Article VI,
Section 33 of the Constitution of Louisiana in the manner set forth in present law, and to
issue sales tax revenue bonds as provided for in present law.
Proposed law grants the authority all the rights and powers conferred by Chapter 4 of Title
38 of the Louisiana Revised Statutes of 1950, as amended, together with such additional
rights and powers as may be granted by the legislature.
Proposed law provides that the management and control of the authority will be vested in
the board of commissioners. Further provides that the primary duty of the board will be to
establish, construct, operate, or maintain flood control works as they relate to hurricane
protection, tidewater flooding, saltwater intrusion, and conservation. Also provides that the
secondary duty of the board will be to establish flood control, adequate drainage relating to
tidal or riverine flooding, and water resources development including but not limited to
construction of reservoirs, diversion canals, gravity and pump drainage systems, erosion
control measures, and marsh management.
Proposed law allows the board to establish one or more advisory commissions to provide a
venue for input from the broad range of persons and groups who may participate in and
assist the board in the performance of its powers and duties.
Proposed law allows the board to enter into contracts and agreements of any nature for the
purposes of present law or proposed law with any person or persons, corporation,
association, or other entity, including public corporations, port authorities, the state and
agencies thereof, levee districts, parishes, other political subdivisions, the United States
government and agencies thereof, or any combination thereof, or with instrumentalities of
any kind.
Proposed law provides that in seeking requests for proposals for professional engineering
services, the board will make every effort to utilize various engineering companies located
within the parishes of Acadia, Calcasieu, Cameron, Jefferson Davis, or Vermilion.
Proposed law allows the board to enter into contracts or other agreements with any person
or entity concerning the providing of lands, servitudes, rights-of-way, and relocations, and
may engage jointly in the exercise of any power to include the construction, operation, and
maintenance of any facilities and improvements for the purpose of the projects under present
law and proposed law.
Proposed law grants the board power to construct and maintain drainage works of all types
as they relate to tidewater flooding, hurricane protection, conservation, and saltwater
intrusion, either in cooperation with one or more parishes, municipalities, drainage districts,
or other special districts within its jurisdiction, or upon its own undertaking. SB NO. 693
SLS 10RS-70 ORIGINAL
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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 allows the board to buy and sell property, make and execute all contracts, and
perform any and all things necessary to carry out the objects of present law or proposed law.
Effective August 15, 2010.
(Adds R.S. 38:291(AA) and 329.5)