HLS 11RS-627 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 363
BY REPRESENTATIVE MONICA
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PORTS/SOUTH LOUISIANA: Provides relative to the rights and powers of the Port of
South Louisiana Commission and executive director
AN ACT1
To amend and reenact R.S. 34:2473(B)(3), (E), and (F)(1) and 2476(B), relative to the Port2
of South Louisiana Commission; relative to the salaries of its employees; relative to3
the rights and powers of the commission and executive director for approval of4
contracts; to provide relative to the acquisition and expropriation of properties; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 34:2473(B)(3), (E), and (F)(1) and 2476(B) are hereby amended and8
reenacted to read as follows: 9
§2473. Jurisdictional boundaries; rights and powers of commission and executive10
director11
* * *12
B.13
* * *14
(3) The executive director shall employ such officers, agents, and employees15
as he finds necessary in the performance of his duties and may prescribe the duties,16
powers, and compensation of such officers, agents, and employees. The executive17
director may execute work contracts with the unclassified employees of the port at18
a salary which does not exceed seventy-five percent of the salary paid the executive19
director for a period of not more than two years at salaries within the parameters20
authorized by the commission. The executive director shall contract for legal,21 HLS 11RS-627 ORIGINAL
HB NO. 363
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financial, engineering, and other professional services necessary or expedient in the1
conduct of the port's affairs. All contracts proposed by the executive director for2
professional services for an amount amounts exceeding twenty-five thousand dollars3
parameters within the discretion of the executive director, approved by the4
commission shall not be binding or effective until approved by the commission in5
a public meeting by a record vote of the majority of its membership. In addition, all6
contracts for professional services exceeding one hundred twenty-five thousand7
dollars shall be subject to the provisions of R.S. 39:1503 and 1504 governing8
requests for proposals and cancellation thereof. The executive director may, upon9
terms and conditions mutually agreeable, utilize the services of the executive10
departments of the state.11
* * *12
E. The port shall through its executive director, upon a record vote of a13
majority of the commission, make and enter into contracts, leases, and other14
agreements with railroads, trucking companies, bargelines, and with any and all15
companies interested in the transportation, storage, and shipping of goods and other16
products, whether by rail, truckline, bargeline, oceangoing vessels, or otherwise for17
the use of facilities of the port or any part or portion thereon, for a period of time not18
exceeding forty one hundred years. However, no exclusive franchise shall be19
granted to any carrier.20
F.(1) Any contracts to be entered into by the executive director for a21
duration of more than one three year years or any contract when the contract amount22
exceeds twenty-five thousand dollars, except contracts for employment of23
unclassified personnel, which are entered into by the executive director in the24
discharge of his official duties as provided in this Chapter the discretionary25
parameters of the executive director approved by the commission, shall not be26
binding or effective until approved by the commission by a record vote of the27
majority of its membership.28
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§2476. Acquisition of properties; expropriation1
* * *2
B. The Port of South Louisiana Commission , notwithstanding any laws to3
the contrary, may acquire by expropriation, in the manner set forth in R.S. 19:1414
through 160 in accordance with the expropriation laws of the state of Louisiana, any5
land, servitudes, or improvements necessary for the benefit and advantage of the6
commerce of the port area or to further its statutory purpose and power as7
contemplated by this Chapter and not inconsistent with the provisions thereof,8
including but not limited to industrial development. In every case of expropriation,9
the question of necessity shall be determined by the court there shall be a10
presumption that the commission is acting in good faith and in conformity with the11
law, specifically, and without limitation that it is expropriating for a public purpose,12
the expropriation is necessary for the benefit and advantage of the commerce of the13
port area or to further its statutory purposes and powers, and it is expropriating only14
the property necessary to accomplish a public purpose.15
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Monica HB No. 363
Abstract: Provides for the rights and powers of the executive director to enter into work
contracts for unclassified employees, professional service contracts, and contracts
relative to use of the port facility and further provides restrictions regarding the terms
and amounts of the contracts. Provides for a presumption of good faith relative to
expropriation of property.
Present law provides the executive director with the authority to employ officers, agents, and
employees and to prescribe their duties, powers, and compensation. Further authorizes the
executive director to execute work contracts with the unclassified employees of the port at
a salary which does not exceed 75% of the salary paid to the executive director for a period
of not more than two years .
Proposed law retains present law but deletes the restriction for an unclassified employee's
salary not to exceed 75% of the executive director's salary and further requires the
commission's approval of the salary.
Present law requires the executive director to contract for certain professional services and
requires approval from the commission on all contracts that exceed $25,000. HLS 11RS-627 ORIGINAL
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Proposed law removes the $25,000 restriction and requires commission approval for any
amount exceeding the parameters within the discretion of the executive director.
Present law requires all professional service contracts exceeding $125,000 to be subject to
the provisions of state law regarding "request for proposals".
Proposed law deletes present law.
Present law authorizes the executive director to make and enter into contracts, leases, and
other agreements with certain companies for the use of port facilities, or any part or portion
of the port, for a period of time not to exceed 40 years. No exclusive franchise shall be
granted to any carrier.
Proposed law changes the term of the contracts from 40 years to 100 years.
Present law requires commission approval for all contracts entered into for a duration of
more than one year or any contract when the contract amount that exceeds $25,000 except
for contracts for employment of unclassified personnel.
Proposed law requires commission approval for all contracts entered into by the executive
director for a duration of more than three years or any contract when the contract amount
exceeds the discretionary parameters of the executive director.
Present law authorizes the commission to acquire by expropriation any land, servitudes, or
improvements necessary for the commerce of the port area. In all expropriation cases, the
question of necessity shall be determined by the court.
Proposed law adds a provision that there shall be a presumption that the commission is
acting in good faith and in conformity with the law, specifically, and without limitation that
it is expropriating for a public purpose, the expropriation is necessary for the commerce of
the port area, and is expropriating only the property necessary to accomplish a public
purpose.
(Amends R.S. 34:2473(B)(3), (E), and (F)(1) and 2476(B))