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Regular Session, 2010
SENATE BILL NO. 804 (Substitute of Senate Bill No. 754 by Senator Morrell)
BY SENATOR MORRELL
LEVEES. Creates Non-Flood Protection Asset Management Authority within the
Department of Transportation and Development from January 1, 2011 until January 1, 2012;
creates the Non-Flood Protection Asset Management Authority as a political subdivision
effective January 1, 2012; transfers management and control of non-flood assets from the
division of administration to the authority. (See Act)
AN ACT1
To amend and reenact R.S. 36:801.1(A), R.S. 38:330.12 and 330.12.1, to enact R.S.2
36:509(P) and R.S. 38:330.12.1, and to repeal R.S. 36:509(P), relative to non-flood3
protection assets, functions, and activities within a levee district within the4
jurisdiction of an authority; to provide for the management and control of such5
assets; to create the Non-flood Protection Asset Management Authority within the6
Department of Transportation and Development and as a political subdivision; to7
transfer management of such assets from the division of administration to the8
authority; to provide for the powers, duties, and functions of the authority; to provide9
for a board of commissioners of the authority; to provide for membership of the10
board of commissioners; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 36:801.1(A) is hereby amended and reenacted and R.S. 36:509(P) is13
hereby enacted to read as follows:14
§509. Transfer of agencies to Department of Transportation and Development15
* * *16
P. The Non-Flood Protection Asset Management Authority (R.S.17 SB NO. 804
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38:330.12.1) is placed within the Department of Transportation and1
Development and shall perform and exercise its powers, duties, functions, and2
responsibilities in the manner provided for agencies transferred in accordance3
with the provisions of R.S. 36:801.1.4
* * *5
§801.1. Transfer; retention of all functions6
A. The agencies transferred by the provisions of R.S. 36:4(D), 4.1(C) and7
(G), 53(H), 209(R), 259(J), 409(N), 509(O), 509(P), 651(D), 725(A), and 769(J)8
shall continue to be comprised and selected as provided by law.9
* * *10
Section 2. R.S. 38:330.12 is hereby amended and reenacted and R.S. 38:330.12.1 is11
hereby enacted to read as follows:12
§330.12. Ownership and management of non-flood protection functions and13
activities14
A. On and after January 1, 2007, any Any facility or improvement within a15
levee district within the territorial jurisdiction of an authority, which facility or16
improvement is not directly related to providing adequate drainage, flood control, or17
water resources development pertaining to tidewater flooding, hurricane protection,18
or saltwater intrusion, that is owned or operated by a board of commissioners of the19
levee district, including all land, rights-of-way, servitudes, and improvements20
situated thereon, or connected therewith, for such purpose, shall be managed and21
controlled by the state, through the division of administration, Non-Flood22
Protection Asset Management Authority, hereinafter referred to as the23
"authority", without the necessity of any other act or instrument, except that for24
purposes of the Orleans Levee District, any such facilities or improvement shall25
continue to be owned by the Orleans Levee District. For the purpose of this Section26
only, the division of administration authority shall be the successor to the state and27
the board of commissioners of such levee district. The levee district state through28
the division of administration shall continue the routine maintenance of all such29 SB NO. 804
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non-flood properties or facilities within its jurisdiction until the division of1
administration authority receives responsibility for such maintenance.2
B.(1) The division of administration authority may enter into contracts,3
agreements, or cooperative endeavors of any nature , on behalf of the state with a4
state agency, political subdivision, or other legal entity or person, or any combination5
thereof, for the operation and maintenance of any facility or improvement, which it6
manages or controls pursuant to Subsection A of this Section.7
(2) The division of administration authority may sell, lease, or otherwise8
transfer any such property and perform any and all things necessary to carry out the9
objects of this Section. If the division of administration authority determines that10
the sale, lease or transfer of such property is appropriate, it shall first offer the11
property to political subdivisions in the parish in which the property is located and12
state agencies conducting operations in that parish, other than levee districts, political13
subdivisions, or agencies responsible for flood control. If any such public entity is14
interested in acquiring the property, the division of administration authority shall15
evaluate proposals submitted by those entities. If no such proposal is received, or if16
such proposals are not determined to be in the best interest of the state authority, the17
property may be offered for sale or lease as otherwise provided by law.18
C. Except as required by federal law or regulation or state constitution, the19
expense of operating any facility or improvement referred to in Subsection A of this20
Section, which produces revenue for the levee district shall be collected by the21
division of administration authority and, after deducting an amount for the expense22
of managing and controlling such facility or improvement, the remaining revenues23
therefrom shall be disbursed to the flood protection authority to the credit of the24
levee district in which the facility or improvement is located.25
D. The division of administration authority may otherwise provide for the26
implementation of this Section by the adoption of rules and regulations pursuant to27
the Administrative Procedure Act.28
E. No action taken pursuant to this Section or to any provision of this Part29 SB NO. 804
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shall do any of the following:1
(1) Impair the obligation of outstanding bonded indebtedness or of any other2
contract of any levee district.3
(2) Impair the ability of any levee district to satisfy any legal action or claim4
pending against the district on the effective date of this Section.5
§330.12.1. Non-Flood Protection Asset Management Authority; creation;6
composition; powers, duties, functions7
A. The Non-Flood Protection Asset Management Authority, hereafter8
referred to as the "authority", is hereby created possessing full corporate power9
to manage, control, regulate, operate, and maintain any non-flood protection10
facility or improvement asset or function within a levee district within the11
jurisdiction of a flood protection authority.12
B. The authority is placed within the Department of Transportation and13
Development and shall perform and exercise its powers, duties, functions, and14
responsibilities in the manner provided for agencies transferred in accordance15
with the provisions of R.S. 36:801.1. The authority shall not be eligible to receive16
or expend any money from the Transportation Trust Fund.17
C. The authority shall be composed of the following members who shall18
be subject to Senate confirmation, provided that no state senator or state19
representative shall appoint himself as a member of the authority:20
(1) One member appointed by the board of commissioners of the levee21
district where the non-flood asset is located.22
(2) One member appointed by the executive director of the levee district23
where the non-flood asset is located.24
(3) One member appointed by the state senator elected to represent state25
Senate District No. 4.26
(4) One member appointed by the state senator elected to represent state27
Senate District No. 3.28
(5) One member appointed by the state representative elected to29 SB NO. 804
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represent state House District No. 94.1
(6) One member appointed by the state representative elected to2
represent state House District No. 97.3
(7) One member appointed by the state representative elected to4
represent state House District No. 101.5
(8) One member appointed by each state representative in whose6
representative district a non-flood asset is located.7
(9) One member appointed by the secretary of the Department of8
Transportation and Development.9
(10) One member appointed by the commissioner of the division of10
administration.11
(11) One member appointed by the chairman of the Coastal Protection12
and Restoration Authority.13
D.(1) Members of the authority shall serve a term of four years. Any14
vacancy occurring on the authority shall be filled in the same manner as the15
original appointment for the unexpired portion of the position vacated.16
(2) A majority of the members of the authority shall constitute a quorum17
for the transaction of official business and all official actions of the authority18
shall require an affirmative vote by a majority of the members present and19
voting at a meeting.20
(3) Members of the authority shall not receive any compensation for21
serving on the board but each member may receive not more that fifty dollars22
per day for attendance at meetings of the authority or its subcommittees. In23
addition, members may be reimbursed for mileage expenses incurred while in24
the performance of their official duties at the rate established by the division of25
administration for travel by state officials.26
E. The authority shall be domiciled in the parish of Orleans.27
F. The authority shall elect from its members a chairman and a secretary28
and shall select a vice-chairman to serve in the absence of the chairman. The29 SB NO. 804
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authority may employ an executive director and such personnel as may be1
necessary to implement the provisions of this Section.2
G. The authority shall be responsible for the development and3
implementation of a management plan to best utilize the assets under its4
jurisdiction and maximize the benefits, attributes, and revenue potentials of5
such assets. Such plan shall include parameters for the interactions between the6
authority and other political subdivisions in the geographical areas of the assets7
under the jurisdiction of the authority and shall detail a procedure and process8
for the operation, maintenance, sale, lease, or transfer of any facility or9
improvement managed or controlled by the authority.10
Section 3. R.S. 36:801.1(A) is hereby amended and reenacted to read as follows:11
§801.1. Transfer; retention of all functions12
A. The agencies transferred by the provisions of R.S. 36:4(D), 4.1(C) and13
(G), 53(H), 209(R), 259(J), 409(N), 509(O), 509(P), 651(D), 725(A), and 769(J)14
shall continue to be comprised and selected as provided by law.15
* * *16
Section 4. R.S. 38:330.12.1 is hereby amended and enacted to read as follows:17
§330.12.1. Non-Flood Protection Asset Management Authority; creation;18
composition; powers, duties, functions19
A. The Non-Flood Protection Asset Management Authority, hereafter20
referred to as the "authority", is hereby created as a political subdivision possessing21
full corporate power to manage, control, regulate, operate, and maintain any non-22
flood protection facility or improvement asset or function within a levee district23
within the jurisdiction of a flood protection authority.24
B. The authority is placed within the Department of Transportation and25
Development and shall perform and exercise its powers, duties, functions, and26
responsibilities in the manner provided for agencies transferred in accordance with27
the provisions of R.S. 36:801.1. The authority shall not be eligible to receive or28
expend any money from the Transportation Trust Fund.29 SB NO. 804
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C. The authority shall be composed of the following members who shall be1
subject to Senate confirmation, provided that no state senator or state representative2
shall appoint himself as a member of the authority:3
(1) One member appointed by the board of commissioners of the levee4
district where the non-flood asset is located.5
(2) One member appointed by the executive director of the levee district6
where the non-flood asset is located.7
(3) One member appointed by the state senator elected to represent state8
Senate District No. 4.9
(4) One member appointed by the state senator elected to represent state10
Senate District No. 3.11
(5) One member appointed by the state representative elected to represent12
state House District No. 94.13
(6) One member appointed by the state representative elected to represent14
state House District No. 97.15
(7) One member appointed by the state representative elected to represent16
state House District No. 101.17
(8) One member appointed by each state representative in whose18
representative district any non-flood asset is located.19
(9) One member appointed by the secretary of the Department of20
Transportation and Development. Two members appointed by the mayor of the21
city of New Orleans.22
(10) One member appointed by the commissioner of the division of23
administration.24
(11) One member appointed by the chairman of the Coastal Protection and25
Restoration Authority.26
D.(1) Members of the authority shall serve a term of four years. Any vacancy27
occurring on the authority shall be filled in the same manner as the original28
appointment for the unexpired portion of the position vacated.29 SB NO. 804
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(2) A majority of the members of the authority shall constitute a quorum for1
the transaction of official business and all official actions of the authority shall2
require an affirmative vote by a majority of the members present and voting at a3
meeting.4
(3) Members of the authority shall not receive any compensation for serving5
on the board but each member may receive not more that fifty dollars per day for6
attendance at meetings of the authority or its subcommittees. In addition, members7
may be reimbursed for mileage expenses incurred while in the performance of their8
official duties at the rate established by the division of administration for travel by9
state officials.10
E. The authority shall be domiciled in the parish of Orleans.11
F. The authority shall elect from its members a chairman and a secretary and12
shall select a vice-chairman to serve in the absence of the chairman. The authority13
may employ an executive director and such personnel as may be necessary to14
implement the provisions of this Section.15
G. The authority shall be responsible for the development and16
implementation of a management plan to best utilize the assets under its jurisdiction17
and maximize the benefits, attributes, and revenue potentials of such assets. Such18
plan shall include parameters for the interactions between the authority and other19
political subdivisions in the geographical areas of the assets under the jurisdiction20
of the authority and shall detail a procedure and process for the operation,21
maintenance, sale, lease, or transfer of any facility or improvement managed or22
controlled by the authority.23
Section 5. R.S. 36:509(P) is hereby repealed in its entirety.24
Section 6.(A) The provisions of law contained in Sections 1 and 2 of this Act shall25
become effective on January 1, 2011, and shall cease to be effective on January 1, 2012.26
(B) The provisions of law contained in Sections 3, 4 and 5 of this Act shall become27
effective on January 1, 2012.28 SB NO. 804
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Morrell (SB 804)
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 of administration
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 possesses full corporate power to manage, control, regulate, operate, and
maintain any non-flood protection facility or improvement asset or function within a levee
district within the jurisdiction of a flood protection authority.
Proposed law, from January 1, 2011, to January 1, 2012, places the authority within the
Department of Transportation and Development and provides that the authority is not
eligible to receive or expend money from the Transportation Trust Fund.
Proposed law provides for a board of commissioners to exercise the duties, functions,
powers, and responsibilities of the authority.
Proposed law provides that from January 1, 2011, to January 1, 2012, the board of
commissioners of the Non-Flood Protection Asset Management Authority be composed of
the following persons subject to Senate confirmation, and provides that no state senator or
state representative shall appoint himself as a member:
(1)One member appointed by the board of commissioners of the levee district where a
non-flood asset is located.
(2)One member appointed by the executive director of the levee district where a non-
flood asset is located.
(3)One member appointed by the state senator elected to represent state Senate District
No. 4.
(4)One member appointed by the state senator elected to represent state Senate District
No. 3.
(5)One member appointed by the state representative elected to represent state House
District No. 94.
(6)One member appointed by the state representative elected to represent state House SB NO. 804
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District No. 97.
(7)One member appointed by the state representative elected to represent state House
District No. 101.
(8)One member appointed by each state representative in whose representative district
a non-flood asset is located.
(9)One member appointed by the secretary of the Department of Transportation and
Development.
(10)One member appointed by the commissioner of the division of administration.
(11)One member appointed by the chairman of the Coastal Protection and Restoration
Authority.
Proposed law effective January 1, 2012, creates the authority as a political subdivision and
removes its placement within the Department of Transportation and Development and
retains prohibition that authority is not eligible to receive or expend money from the
Transportation Trust Fund.
Proposed law provides that effective January 1, 2012, the board of commissioners of the
Non-Flood Protection Asset Management Authority is to be composed of the same number
of members appointed by the same organizations or officials and in the same manner subject
to Senate confirmation as the original board, except that the member appointed by the
secretary of the Department of Transportation and Development and the member appointed
by the commissioner of the division of administration are replaced by two members
appointed by the mayor of the city of New Orleans.
Proposed law provides that the board serves for the same term, and has the same rules for
filling vacancies, quorum, officers, domicile, etc. as for the original board, and provides for
the same per diem and milage reimbursement.
Sections 1 and 2 effective January 1, 2011, and cease to be effective January 1, 2012.
Sections 3, 4 and 5 effective January 1, 2012.
(Amends R.S. 36:801.1(A), R.S. 38:330.12 and 330.12.1; enacts R.S. 36:509(P); R.S.
38:330.12.1; repeals R.S. 36:509(P))