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Regular Session, 2010
SENATE BILL NO. 754
BY SENATOR MORRELL
LEVEES. Provides for the management and control of non-flood assets of levee districts.
(8/15/10)
AN ACT1
To amend and reenact R.S. 36:801.1(A) and R.S. 38:330.12 and to enact R.S. 36:509(P) and2
R.S. 38:330.12.1, relative to non-flood assets of levee districts; to provide for the3
management and control of such assets; to create the Non-flood Protection Asset4
Management Authority; to provide for the powers, duties, and functions of the5
authority; to provide for a board of commissioners of the authority and for the6
membership of the board; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 36:801.1(A) is hereby amended and reenacted and R.S. 36:509(P) is9
hereby enacted to read as follows:10
§509. Transfer of agencies to Department of Transportation and Development11
* * *12
P. The Non-flood Protection Asset Management Authority (R.S.13
38:330.12.1) is placed within the Department of Transportation and14
Development and shall perform and exercise its powers, duties, functions, and15
responsibilities in the manner provided for agencies transferred in accordance16
with the provisions of R.S. 36:801.1.17 SB NO. 754
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* * *1
§801.1. Transfer; retention of all functions2
A. The agencies transferred by the provisions of R.S. 36:4(D), 4.1(C) and3
(G), 53(H), 209(R), 259(J), 409(N), 509(O), (P), (Q), (R), (S), (T), and (U), 651(D),4
725(A), and 769(J) shall continue to be comprised and selected as provided by law.5
* * *6
Section 2. R.S. 38:330.12 is hereby amended and reenacted and R.S. 38:330.12.1 is7
hereby enacted to read as follows:8
§330.12. Ownership and management of non-flood protection functions and9
activities10
A.(1) On and after January 1, 2007 and except as provided in Paragraph11
(2) of this Subsection, any facility or improvement within a levee district within the12
territorial jurisdiction of an authority, which facility or improvement is not directly13
related to providing adequate drainage, flood control, or water resources14
development pertaining to tidewater flooding, hurricane protection, or saltwater15
intrusion, that is owned or operated by a board of commissioners of the levee district,16
including all land, rights-of-way, servitudes, and improvements situated thereon, or17
connected therewith, for such purpose, shall be managed and controlled by the state,18
through the division of administration, without the necessity of any other act or19
instrument, except that for purposes of the Orleans Levee District, any such facilities20
or improvement shall continue to be owned by the Orleans Levee District. For the21
purpose of this Section only, the division of administration shall be the successor to22
the board of commissioners of such levee district. The levee district shall continue23
the routine maintenance of all properties or facilities within its jurisdiction until the24
division of administration receives responsibility for such maintenance.25
(2) On and after January 1, 2011, any facility or improvement within a26
levee district within the territorial jurisdiction of an authority, which facility or27
improvement is not directly related to providing adequate drainage, flood28
control, or water resources development pertaining to tidewater flooding,29 SB NO. 754
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hurricane protection, or saltwater intrusion, that is owned or operated by a1
board of commissioners of the levee district, including all land, rights-of-way,2
servitudes, and improvements situated thereon, or connected therewith, for3
such purpose, shall be managed and controlled by the Non-flood Protection4
Asset Management Authority, hereinafter referred to as the "authority",5
without the necessity of any other act or instrument, except that for purposes6
of the Orleans Levee District, any such facilities or improvement shall continue7
to be owned by the Orleans Levee District. For the purpose of this Section only,8
the Non-flood Protection Asset Management Authority shall be the successor9
to the state and the board of commissioners of such levee district. The state shall10
continue the routine maintenance of all properties or facilities under the11
provisions of this Section until the authority receives responsibility for such12
maintenance.13
B.(1)(a) The Except as provided in Subparagraph (b) of this Paragraph,14
the division of administration may enter into contracts, agreements, or cooperative15
endeavors of any nature, on behalf of the state with a state agency, political16
subdivision, or other legal entity or person, or any combination thereof, for the17
operation and maintenance of any facility or improvement, which it manages or18
controls pursuant to Subsection Paragraph A(1) of this Section.19
(b) On and after January 1, 2011, the authority may enter into contracts,20
agreements, or cooperative endeavors of any nature, on behalf of the authority21
with a state agency, political subdivision, or other legal entity or person, or any22
combination thereof, for the operation and maintenance of any facility or23
improvement, which it manages or controls pursuant to Paragraph A(1) of this24
Section.25
(2)(a) The Except as provided in Subparagraph (2)(a) of this Subsection,26
the division of administration may sell, lease, or otherwise transfer any such27
property and perform any and all things necessary to carry out the objects of this28
Section. If the division of administration determines that the sale, lease or transfer29 SB NO. 754
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of such property is appropriate, it shall first offer the property to political1
subdivisions in the parish in which the property is located and state agencies2
conducting operations in that parish, other than levee districts, political subdivisions,3
or agencies responsible for flood control. If any such public entity is interested in4
acquiring the property, the division of administration shall evaluate proposals5
submitted by those entities. If no such proposal is received, or if such proposals are6
not determined to be in the best interest of the state, the property may be offered for7
sale or lease as otherwise provided by law.8
(b) On and after January 1, 2011, the Non-flood Protection Asset9
Management Authority may sell, lease, or otherwise transfer any such property10
and perform any and all things necessary to carry out the objects of this Section.11
If the authority determines that the sale, lease or transfer of such property is12
appropriate, it shall first offer the property to political subdivisions in the13
parish in which the property is located and state agencies conducting operations14
in that parish, other than levee districts, political subdivisions, or agencies15
responsible for flood control. If any such public entity is interested in acquiring16
the property, the authority shall evaluate proposals submitted by those entities.17
If no such proposal is received, or if such proposals are not determined to be in18
the best interest of the state, the property may be offered for sale or lease as19
otherwise provided by law.20
C.(1) Except as provided in Paragraph (2) of this Subsection, and except21
as required by federal law or regulation or state constitution, the expense of operating22
any facility or improvement referred to in Subsection A of this Section, which23
produces revenue for the levee district shall be collected by the division of24
administration and, after deducting an amount for the expense of managing and25
controlling such facility or improvement, the remaining revenues therefrom shall be26
disbursed to the authority to the credit of the levee district in which the facility or27
improvement is located.28
(2) On and after January 1, 2011, except as required by federal law or29 SB NO. 754
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regulation or state constitution, the expense of operating any facility or1
improvement referred to in Subsection A of this Section, which produces2
revenue for the levee district shall be collected by the authority and, after3
deducting an amount for the expense of managing and controlling such facility4
or improvement, the remaining revenues therefrom shall be disbursed to the5
authority to the credit of the levee district in which the facility or improvement6
is located.7
D.(1) The Except as provided in Paragraph (2) of this Subsection, the8
division of administration may otherwise provide for the implementation of this9
Section by the adoption of rules and regulations pursuant to the Administrative10
Procedure Act.11
(2) On and after January 1, 2011, the authority may otherwise provide12
for the implementation of this Section by the adoption of rules and regulations13
pursuant to the Administrative Procedure Act.14
E. No action taken pursuant to this Section or to any provision of this Part15
shall do any of the following:16
(1) Impair the obligation of outstanding bonded indebtedness or of any other17
contract of any levee district.18
(2) Impair the ability of any levee district to satisfy any legal action or claim19
pending against the district on the effective date of this Section.20
* * *21
§330.12.1. Non-flood Protection Asset Management Authority; creation; board22
of commissioners; composition; powers, duties, functions23
A. The Non-flood Protection Asset Management Authority is hereby24
created within the Department of Transportation and Development as a25
political subdivision of the state and shall exercise its duties, functions, powers,26
and responsibilities through a board of commissioners, hereinafter referred to27
as the "board".28
B.(1) The board of commissioners of the authority shall be composed of29 SB NO. 754
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the following members, subject to Senate confirmation:1
(a) One member appointed by the board of commissioners of the levee2
district formerly having the management and control of the non-flood assets.3
(b) One member appointed by the executive director of the levee district4
formerly having the management and control of the non-flood assets.5
(c) One member appointed by each state senator in whose senatorial6
district the non-flood asset was located.7
(d) One member appointed by each state representative in whose8
representative district the non-flood asset was located.9
(e) One member appointed by the secretary of the Department of10
Transportation and Development.11
(f) One member appointed by the commissioner of the division of12
administration.13
(g) One member appointed by the executive director of the office of14
coastal protection and restoration.15
(2) No state senator or state representative appointed to serve on the16
board shall be subject to Senate confirmation.17
C.(1) Members of the board shall serve a term of four years. Any18
vacancy occurring on the board shall be filled in the same manner as the19
original appointment for the unexpired portion of the position vacated.20
(2) A majority of the members of the board shall constitute a quorum for21
the transaction of official business and all official actions of the board shall22
require an affirmative vote by a majority of the members present and voting at23
a meeting.24
(3) Members of the board shall not receive any compensation for serving25
on the board but each member may receive not more that fifty dollars per day26
for attendance at meetings of the board or its subcommittee meetings. In27
addition, members may be reimbursed for mileage expenses incurred while in28
the performance of their official duties at the rate established by the division of29 SB NO. 754
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administration for travel by state officials.1
D. The board shall elect from its members a chairman and a secretary2
and shall select a vice-chairman to serve in the absence of the chairman. The3
board may employ an executive director and such personnel as may be4
necessary to implement the provisions of this Section.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
Present law provides for on and after January 1, 2007 the operation and control of non-flood
assets with a levee district or the territorial jurisdiction of an authority, including all land,
rights-of-way, servitudes, and improvements situated thereon, or connected therewith, are
to be managed and controlled by the state, through the division of administration, without
the necessity of any other act or instrument, except that for purposes of the Orleans Levee
District, any such facilities or improvement shall continue to be owned by the Orleans Levee
District. Requires that the division of administration shall be the successor to the board of
commissioners of the levee district and that the levee district continue the routine
maintenance of all properties or facilities within its jurisdiction until the division of
administration receives responsibility for such maintenance.
Present law authorizes the division of administration to enter into contracts, agreements, or
cooperative endeavors for operation and maintenance of any non-flood facility or
improvement under its management and control. Authorizes the division to sell, lease or
otherwise transfer such property and perform those things necessary to carry out present law.
Proposed law retains these provisions until January 1, 2011 and then substitutes the Non-
flood Protection Asset Management Authority for the division of administration. Provides
that this authority is a political subdivision within the Department of Transportation and
Development and provides for a board of commissioners to exercise the duties, functions,
powers, and responsibilities of the authority.
Proposed law provides that the board of commissioners of the Non-flood Protection Asset
Management Authority be composed of the following persons subject to Senate confirmation
for non-legislator members:
(1)One member appointed by the board of commissioners of the levee district formerly
having the management and control of the non-flood assets.
(2)One member appointed by the executive director of the levee district formerly having
the management and control of the non-flood assets.
(3)One member appointed by each state senator in whose senatorial district the non-
flood asset was located.
(4)One member appointed by each state representative in whose representative district
the non-flood asset was located.
(5)One member appointed by the secretary of the Department of Transportation and
Development.
(6)One member appointed by the commissioner of the division of administration. SB NO. 754
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(7)One member appointed by the executive director of the office of coastal protection
and restoration.
Provides that board members serve a term of four years and that any vacancy occurring on
the board be filled in the same manner as the original appointment for the unexpired portion
of the position vacated. Provides that a majority constitutes a quorum to transact official
business and that all board actions require an affirmative vote by a majority of the members
present and voting at a meeting.
Proposed law prohibits board members from receiving compensation for serving on the
board but that they receive not more that $50 per day for attendance at meetings of the board
or its subcommittee meetings. Authorizes reimbursement for mileage expenses incurred
while in the performance of their official duties at the rate as established for travel by state
officials.
Proposed law provides for the election of a board chairman and secretary and for the
selection of a vice-chairman to serve in the absence of the chairman. Authorizes the board
to employ an executive director and such personnel as may be necessary to implement
proposed law.
Effective August 15, 2010.
(Amends R.S. 36:801.1(A) and R.S. 38:330.12; adds R.S. 36:509(P) and R.S. 38:330.12.1)