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Regular Session, 2010 ENROLLED
SENATE BILL NO. 804 (Substitute of Senate Bill No. 754 by Senator Morrell)
BY SENATOR MORRELL AND REPRESENTATI VE BROSSETT
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; to require financial disclosure; and to provide for related11
matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 36:801.1(A) is hereby amended and reenacted and R.S. 36:509(P) is14
hereby enacted to read as follows:15
§509. Transfer of agencies to Department of Transportation and Development16
* * *17
P. The Non-Flood Protection Asset Management Authority (R.S.18
38:330.12.1) is placed within the Department of Transportation and19
Development and shall perform and exercise its powers, duties, functions, and20
responsibilities in the manner provided for agencies transferred in accordance21
with the provisions of R.S. 36:801.1.22
* * *23
§801.1. Transfer; retention of all functions24
A. The agencies transferred by the provisions of R.S. 36:4(D), 4.1(C) and25
ACT No. 1014 SB NO. 804 ENROLLED
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(G), 53(H), 209(R), 259(J), 409(N), 509(O), 509(P), 651(D), 725(A), and 769(J)1
shall continue to be comprised and selected as provided by law.2
* * *3
Section 2. R.S. 38:330.12 is hereby amended and reenacted and R.S. 38:330.12.1 is4
hereby enacted to read as follows:5
§330.12. Ownership and management of non-flood protection functions and6
activities7
A. On and after January 1, 2007, any Any facility or improvement within a8
levee district within the territorial jurisdiction of an authority, which facility or9
improvement is not directly related to providing adequate drainage, flood control, or10
water resources development pertaining to tidewater flooding, hurricane protection,11
or saltwater intrusion, that is owned or operated by a board of commissioners of the12
levee district, including all land, rights-of-way, servitudes, and improvements13
situated thereon, or connected therewith, for such purpose, shall be managed and14
controlled by the state, through the division of administration, Non-Flood15
Protection Asset Management Authority, hereinafter referred to as the16
"authority", without the necessity of any other act or instrument, except that for17
purposes of the Orleans Levee District, any such facilities or improvement shall18
continue to be owned by the Orleans Levee District. For the purpose of this Section19
only, the division of administration authority shall be the successor to the state and20
the board of commissioners of such levee district. The levee district state through21
the division of administration shall continue the routine maintenance of all such22
non-flood properties or facilities within its jurisdiction until the division of23
administration authority receives responsibility for such maintenance.24
B.(1) The division of administration authority may enter into contracts,25
agreements, or cooperative endeavors of any nature , on behalf of the state with a26
state agency, political subdivision, or other legal entity or person, or any combination27
thereof, for the operation and maintenance of any facility or improvement, which it28
manages or controls pursuant to Subsection A of this Section.29
(2) The division of administration authority may sell, lease, or otherwise30 SB NO. 804 ENROLLED
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transfer any such property and perform any and all things necessary to carry out the1
objects of this Section, provided that any such sale, or transfer be for full and2
adequate consideration and any proceeds therefrom be used to pay outstanding3
debts. If the division of administration authority determines that the sale, lease or4
transfer of such property is appropriate, it shall first offer the property to political5
subdivisions in the parish in which the property is located and state agencies6
conducting operations in that parish, other than levee districts, political subdivisions,7
or agencies responsible for flood control. If any such public entity is interested in8
acquiring the property, the division of administration authority shall evaluate9
proposals submitted by those entities. If no such proposal is received, or if such10
proposals are not determined to be in the best interest of the state authority, the11
property may be offered for sale or lease as otherwise provided by law.12
C. Except as required by federal law or regulation or state constitution, the13
expense of operating any facility or improvement referred to in Subsection A of this14
Section, which produces revenue for the levee district shall be collected by the15
division of administration authority and, after deducting an amount for the expense16
of managing and controlling such facility or improvement, the remaining revenues17
therefrom shall be disbursed to the flood protection authority to the credit of the18
levee district in which the facility or improvement is located.19
D. The division of administration authority may otherwise provide for the20
implementation of this Section by the adoption of rules and regulations pursuant to21
the Administrative Procedure Act. The authority shall not be subject to the rules22
and regulations of the Department of Transportation and Development.23
E. No action taken pursuant to this Section or to any provision of this Part24
shall do any of the following:25
(1) Impair the obligation of outstanding bonded indebtedness or of any other26
contract of any levee district.27
(2) Impair the ability of any levee district to satisfy any outstanding28
judgment, any legal action, or claim pending against the district on the effective date29
of this Section.30 SB NO. 804 ENROLLED
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§330.12.1. Non-Flood Protection Asset Management Authority; creation;1
composition; powers, duties, functions2
A. The Non-Flood Protection Asset Management Authority, hereafter3
referred to as the "authority", is hereby created possessing full corporate power4
to manage, control, regulate, operate, and maintain any non-flood protection5
facility or improvement asset or function within a levee district within the6
jurisdiction of a flood protection authority.7
B. The authority is placed within the Department of Transportation and8
Development and shall perform and exercise its powers, duties, functions, and9
responsibilities in the manner provided for agencies transferred in accordance10
with the provisions of R.S. 36:801.1. The authority shall not be eligible to receive11
or expend any money from the Transportation Trust Fund.12
C. The authority shall be composed of the following members who shall13
be subject to Senate confirmation, provided that no elected official shall be14
appointed to serve as a member of the authority:15
(1) One member appointed by the Southeast Louisiana Flood Protection16
Authority East.17
(2) One member appointed by each state senator and each state18
representative in whose district a non-flood asset is located. No member19
appointed by a state senator or state representative to serve on the board shall20
be subject to Senate confirmation.21
(3) One member appointed by the secretary of the Department of22
Transportation and Development.23
(4) One member appointed by the mayor of the city of New Orleans.24
(5) One member appointed by each New Orleans city council member in25
whose district a non-flood asset is located.26
(6) Two members appointed jointly by the presidents of the Lakeshore,27
Lake Vista, Lake Terrace, and Lake Oaks property owners associations.28
(7) One member appointed by the Lake Pontchartrain Basin Foundation.29
(8) One member appointed by board for the New Orleans City Park.30 SB NO. 804 ENROLLED
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D.(1) Members of the authority shall serve a term of four years. Any1
vacancy occurring on the authority shall be filled in the same manner as the2
original appointment for the unexpired portion of the position vacated.3
(2) A majority of the members of the authority shall constitute a quorum4
for the transaction of official business and all official actions of the authority5
shall require an affirmative vote by a majority of the members present and6
voting at a meeting.7
(3) Members of the authority shall not receive any compensation for8
serving on the board but members may be reimbursed for mileage expenses9
incurred while in the performance of their official duties at the rate established10
by the division of administration for travel by state officials.11
(4) Members of the authority shall file annual financial disclosure12
statements pursuant to R.S. 42:1124.2.1.13
E. The authority shall be domiciled in the parish of Orleans.14
F. The authority shall elect from its members a chairman and a secretary15
and shall select a vice-chairman to serve in the absence of the chairman. The16
authority may employ an executive director and such personnel as may be17
necessary to implement the provisions of this Section.18
G. The authority shall be responsible for the development and19
implementation of a management plan to best utilize the assets under its20
jurisdiction and maximize the benefits, attributes, and revenue potentials of21
such assets. Such plan shall include parameters for the interactions between the22
authority and other political subdivisions in the geographical areas of the assets23
under the jurisdiction of the authority and shall detail a procedure and process24
for the operation, maintenance, sale, lease, or transfer of any facility or25
improvement managed or controlled by the authority.26
Section 3. R.S. 36:801.1(A) is hereby amended and reenacted to read as follows:27
§801.1. Transfer; retention of all functions28
A. The agencies transferred by the provisions of R.S. 36:4(D), 4.1(C) and29
(G), 53(H), 209(R), 259(J), 409(N), 509(O), 509(P), 651(D), 725(A), and 769(J)30 SB NO. 804 ENROLLED
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shall continue to be comprised and selected as provided by law.1
* * *2
Section 4. R.S. 38:330.12.1 is hereby amended and enacted to read as follows:3
§330.12.1. Non-Flood Protection Asset Management Authority; creation;4
composition; powers, duties, functions5
A. The Non-Flood Protection Asset Management Authority, hereafter6
referred to as the "authority", is hereby created as a political subdivision possessing7
full corporate power to manage, control, regulate, operate, and maintain any non-8
flood protection facility or improvement asset or function within a levee district9
within the jurisdiction of a flood protection authority.10
B. The authority is placed within the Department of Transportation and11
Development and shall perform and exercise its powers, duties, functions, and12
responsibilities in the manner provided for agencies transferred in accordance with13
the provisions of R.S. 36:801.1. The authority shall not be eligible to receive or14
expend any money from the Transportation Trust Fund.15
C. The authority shall be composed of the following members who shall be16
subject to Senate confirmation, provided that no state senator or state representative17
shall appoint himself as a member of the authority:18
(1) One member appointed by the Southeast Louisiana Flood Protection19
Authority East. board of commissioners of the levee district where the non-flood20
asset is located.21
(2) One member appointed by the executive director of the levee district22
where the non-flood asset is located.23
(3) One member appointed by the state senator elected to represent state24
Senate District No. 4.25
(4) One member appointed by the state senator elected to represent state26
Senate District No. 3.27
(5) One member appointed by the state representative elected to represent28
state House District No. 94.29
(6) One member appointed by the state representative elected to represent30 SB NO. 804 ENROLLED
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state House District No. 97.1
(7) One member appointed by the state representative elected to represent2
state House District No. 101.3
(8)(2) One member appointed by each state senator and each state4
representative in whose representative district any non-flood asset is located.5
(9) One member appointed by the secretary of the Department of6
Transportation and Development.7
(10) One member appointed by the commissioner of the division of8
administration.9
(11) One member appointed by the chairman of the Coastal Protection and10
Restoration Authority.11
(3) One member appointed by the mayor of the city of New Orleans.12
(4) One member appointed by each New Orleans city council member in13
whose district a non-flood asset is located.14
(5) Two members appointed jointly by the presidents of the Lakeshore,15
Lake Vista, Lake Terrace, and Lake Oaks property owners associations.16
D.(1) Members of the authority shall serve a term of four years. Any vacancy17
occurring on the authority shall be filled in the same manner as the original18
appointment for the unexpired portion of the position vacated.19
(2) A majority of the members of the authority shall constitute a quorum for20
the transaction of official business and all official actions of the authority shall21
require an affirmative vote by a majority of the members present and voting at a22
meeting.23
(3) Members of the authority shall not receive any compensation for serving24
on the board but each member may receive not more that fifty dollars per day for25
attendance at meetings of the authority or its subcommittees. In addition, members26
may be reimbursed for mileage expenses incurred while in the performance of their27
official duties at the rate established by the division of administration for travel by28
state officials.29
(4) Members of the authority shall file annual financial disclosure30 SB NO. 804 ENROLLED
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statements pursuant to R.S. 42:1124.2.1.1
E. The authority shall be domiciled in the parish of Orleans.2
F. The authority shall elect from its members a chairman and a secretary and3
shall select a vice-chairman to serve in the absence of the chairman. The authority4
may employ an executive director and such personnel as may be necessary to5
implement the provisions of this Section.6
G. The authority shall be responsible for the development and7
implementation of a management plan to best utilize the assets under its jurisdiction8
and maximize the benefits, attributes, and revenue potentials of such assets. Such9
plan shall include parameters for the interactions between the authority and other10
political subdivisions in the geographical areas of the assets under the jurisdiction11
of the authority and shall detail a procedure and process for the operation,12
maintenance, sale, lease, or transfer of any facility or improvement managed or13
controlled by the authority.14
Section 5. R.S. 36:509(P) is hereby repealed in its entirety.15
Section 6.(A) This Section and the provisions of law contained in Sections 1 and 216
of this Act shall become effective on August 15, 2010, and shall cease to be effective on17
January 1, 2012.18
(B) The provisions of law contained in Sections 3, 4 and 5 of this Act shall become19
effective on January 1, 2012.20
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: