SLS 10RS-953 ENGROSSED
Page 1 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 772
BY SENATOR MORRELL
AIRCRAFT/AVIATION. Provides for management, control, and maintenance of the New
Orleans Lakefront Airport. (8/15/10)
AN ACT1
To amend and reenact R.S. 36:801.1(A) and R.S. 38:330.12(A) and to enact R.S. 36:509(P)2
and R.S. 38:330.12.1, relative to the New Orleans Lakefront Airport; to create the3
New Orleans Lakefront Airport Authority; to provide for transfer of the4
management, control, and maintenance of the airport facility to the authority; to5
provide for the powers, duties, and functions of the authority exercised through a6
board of commissioners of the authority; to provide for the membership of the board7
of commissioners; and to provide for related matters.8
Notice of intention to introduce this Act has been published.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 36:801.1(A) is hereby amended and reenacted and R.S. 36:509(P) is11
hereby enacted to read as follows:12
§509. Transfer of agencies to Department of Transportation and Development13
* * *14
P. The New Orleans Lakefront Airport Authority (R.S. 38:330.12.1) is15
placed within the Department of Transportation and Development and shall16
perform and exercise its powers, duties, functions, and responsibilities in the17 SB NO. 772
SLS 10RS-953 ENGROSSED
Page 2 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
manner provided for agencies transferred in accordance with the provisions of1
R.S. 36:801.1.2
* * *3
§801.1. Transfer; retention of all functions4
A. The agencies transferred by the provisions of R.S. 36:4(D), 4.1(C) and5
(G), 53(H), 209(R), 259(J), 409(N), 509(O), (P), (Q), (R), (S), (T), and (U), 651(D),6
725(A), and 769(J) shall continue to be comprised and selected as provided by law.7
* * *8
Section 2. R.S. 38:330.12(A) is hereby amended and reenacted and R.S. 38:330.12.19
is hereby enacted to read as follows:10
§330.12. Ownership and management of non-flood protection functions and11
activities12
A. On and after January 1, 2007, any facility or improvement within a levee13
district within the territorial jurisdiction of an authority, which facility or14
improvement is not directly related to providing adequate drainage, flood control, or15
water resources development pertaining to tidewater flooding, hurricane protection,16
or saltwater intrusion, that is owned or operated by a board of commissioners of the17
levee district, including all land, rights-of-way, servitudes, and improvements18
situated thereon, or connected therewith, for such purpose, shall, except as provided19
in R.S. 38:330.12.1 for the New Orleans Lakefront Airport, be managed and20
controlled by the state, through the division of administration, without the necessity21
of any other act or instrument, except that for purposes of the Orleans Levee District,22
any such facilities or improvement shall continue to be owned by the Orleans Levee23
District. For the purpose of this Section only, the division of administration shall be24
the successor to the board of commissioners of such levee district. The levee district25
shall continue the routine maintenance of all properties or facilities within its26
jurisdiction until the division of administration receives responsibility for such27
maintenance.28
* * *29 SB NO. 772
SLS 10RS-953 ENGROSSED
Page 3 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§330.12.1. New Orleans Lakefront Airport Authority; creation; board of1
commissioners; composition; powers, duties, functions2
A. The New Orleans Lakefront Airport Authority is hereby created3
within the Department of Transportation and Development as a political4
subdivision of the state and shall exercise its duties, functions, powers, and5
responsibilities through a board of commissioners, hereinafter referred to as the6
"board".7
B. On and after January 1, 2011, the management, control, and8
maintenance of the New Orleans Lakefront Airport shall be transferred from9
the state to the board of commissioners of the New Orleans Lakefront Airport10
Authority.11
C.(1) The board of commissioners of the authority shall be composed of12
the following members and, except as provided in Paragraph (2) of this13
Subsection, shall be subject to Senate confirmation:14
(a) One member appointed by the executive director of the Orleans15
Levee District.16
(b) One member appointed by the director of aviation for the New17
Orleans Lakefront Airport.18
(c) One member appointed by the state senator whose senatorial district19
is defined in R.S. 24:35.1(A)(3).20
(d) One member appointed by the state senator whose senatorial district21
is defined in R.S. 24:35.1(A)(4).22
(e) One member appointed by the state representative whose23
representative district is defined in R.S. 24:35.5(A)(94).24
(f) One member appointed by the state representative whose25
representative district is defined in R.S. 24:35.5(A)(97).26
(g) One member appointed by the state representative whose27
representative district is defined in R.S. 24:35.5(A)(101).28
(h) One member appointed by the secretary of the Department of29 SB NO. 772
SLS 10RS-953 ENGROSSED
Page 4 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Transportation and Development.1
(i) One member appointed by the commissioner of the division of2
administration.3
(j) One member appointed by the executive director of the office of4
coastal protection and restoration.5
(2) No state senator or state representative appointed to serve on the6
board shall be subject to Senate confirmation.7
D.(1) Members of the board shall serve a term of four years. Any8
vacancy occurring on the board shall be filled in the same manner as the9
original appointment for the unexpired portion of the position vacated.10
(2) A majority of the members of the board shall constitute a quorum for11
the transaction of official business and all official actions of the board shall12
require an affirmative vote by a majority of the members present and voting at13
the meeting.14
(3) Members of the board shall not receive any compensation for serving15
on the board but each member may receive not more that fifty dollars per day16
for attendance at meetings of the board or its subcommittee meetings. In17
addition, members may be reimbursed for mileage expenses incurred while in18
the performance of their official duties at the same mileage rate established by19
the division of administration for travel by state officials.20
E. The board shall elect from its members a chairman and a secretary21
and shall select a vice-chairman to serve in the absence of the chairman. The22
board may employ an executive director and such personnel as may be23
necessary to implement the provisions of this Section.24
F. For the purpose of this Section and R.S. 38:330.12, the authority shall25
be the successor to the state and the state, through the division of26
administration, shall continue the routine operation, management, and27
maintenance of all properties and facilities of the New Orleans Lakefront28
Airport until the responsibility for such operation, management, and29 SB NO. 772
SLS 10RS-953 ENGROSSED
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
maintenance is transferred to the authority.1
G. The board, may enter into contracts, agreements, or cooperative2
endeavors of any nature, on behalf of the authority with a state agency, political3
subdivision, or other legal entity or person, or any combination thereof, for the4
management, operation and maintenance of the New Orleans Lakefront5
Airport. The board shall conduct a national search for a management firm to6
conduct the day-to-day operations of the lakefront airport and may execute a7
contract with such management firm to conduct the day-to-day operation and8
management of the New Orleans Lakefront Airport.9
H. Except as required by federal law or regulation or state constitution,10
all revenues produced from the operation of any facility or improvement at the11
New Orleans Lakefront Airport shall be collected by the authority and any12
monies remaining, after deducting expenses incurred by the authority for the13
management, control, and maintenance of the New Orleans Lakefront Airport,14
shall be disbursed by the authority to the Orleans Levee District.15
I. The board of commissioners may provide for the implementation of16
this Section through the promulgation of rules and regulations in accordance17
with the Administrative Procedure Act.18
J. No action taken pursuant to this Section or to any provision of this19
Part shall do any of the following:20
(1) Impair the obligation of outstanding bonded indebtedness or of any21
other contract of the Orleans Levee District.22
(2) Impair the ability of the Orleans Levee District to satisfy any legal23
action or claim pending against the Orleans Levee District on January 1, 2011.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
Morrell (SB 772)
Present law transfers, on and after 1/1/2007, management and control by the state, through
the division of administration, of non-flood assets within a levee district within the territorial
jurisdiction of any authority. Proposed law retains these provisions but excepts the New SB NO. 772
SLS 10RS-953 ENGROSSED
Page 6 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Orleans Lakefront Airport.
Proposed law creates the New Orleans Lakefront Airport Authority as a political subdivision
within the Department of Transportation and Development and that the authority exercise
its authority through a board of commissioners. Provides that, on and after 1/1/2011, the
management, control, and maintenance of the New Orleans Lakefront Airport is transferred
to the board of commissioners of the New Orleans Lakefront Airport Authority.
C.(1)The board of commissioners of the authority shall be composed of the following
members who shall be subject to Senate confirmation:
(a)One member appointed by the executive director of the Orleans Levee
District.
(b) One member appointed by the director of aviation for the New Orleans
Lakefront Airport.
(c)One member appointed by the state senator whose senatorial district is
defined in R.S. 24:35.1(A)(3).
(d)One member appointed by the state senator whose senatorial district is
defined in R.S. 24:35.1(A)(4).
(e)One member appointed by the state representative whose representative
district is defined in R.S. 24:35.5(A)(94).
(f)One member appointed by the state representative whose representative
district is defined in R.S. 24:35.5(A)(97).
(g)One member appointed by the state representative whose representative
district is defined in R.S. 24:35.5(A)(101).
(h)One member appointed by the secretary of the Department of Transportation
and Development.
(i)One member appointed by the commissioner of the division of
administration.
(j)One member appointed by the executive director of the office of coastal
protection and restoration.
Provides that no state senator or state representative appointed to serve on the board shall
be subject to Senate confirmation.
Provides that the board members serve four year terms; that a majority of the board
constitute a quorum; and that all actions of the board require an affirmative vote by majority
of the members present and voting at any meeting. Provides that board members not receive
any compensation for serving on the board except for a per diem not to exceed $50 for
attending board or subcommittee meetings. Authorizes board members to be reimbursed for
mileage expenses incurred while in the performance of their official duties at the same
mileage rate as established for travel by state officials.
Proposed law requires that the board elect from its members a chairman and a secretary and
select 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 the
provisions of proposed law.
Proposed law provides that the authority is the successor to the state, through the division SB NO. 772
SLS 10RS-953 ENGROSSED
Page 7 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of administration and requires the state, through the division of administration, to continue
the routine management, control, and maintenance of all properties and facilities of the New
Orleans Lakefront Airport until that responsibility is transferred to the authority.
Proposed law authorizes the board of commissioners to enter into contracts, agreements, or
cooperative endeavors of any nature, on behalf of the authority with a state agency, political
subdivision, or other legal entity or person, or any combination thereof, for the management,
operation, and maintenance of the New Orleans Lakefront Airport. Requires that the board
conduct a national search for a management firm to conduct the day-to-day operations of the
airport.
Proposed law provides that, except as required by federal law or regulation or state
constitution, all revenues produced from the operation of any facility or improvement at the
airport be collected by the authority and any monies remaining, after deducting expenses
incurred by the authority are to be disbursed by the authority to the Orleans Levee District.
Proposed law authorizes the board to promulgate rules and regulations in accordance with
the Administrative Procedure Act to implement provisions in proposed law.
Prohibits any action under proposed law which would impair the obligation of outstanding
bonded indebtedness or of any other contract of the Orleans Levee District or which would
impair the ability of the Orleans Levee District to satisfy any legal action or claim pending
against the levee district on January 1, 2011.
Effective August 15, 2010.
(Amend R.S. 36:801.1(A) and R.S. 38:330.12(A); adds R.S. 36:509(P) and R.S. 38:330.12.1)