HLS 11RS-928 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 475
BY REPRESENTATIVE LORUSSO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LEVEES: Provides relative to membership of the Non-Flood Protection Asset Management
Authority and the sale of non-flood assets
AN ACT1
To amend and reenact R.S. 38:330.12(B)(2) and 330.12.1(C)(1) as added by Acts 2010, No.2
1014, Section 2, of the 2010 Regular Session of the Legislature and as amended by3
Acts 2010, No. 1014, Section 4 of the 2010 Regular Session of the Legislature,4
relative to non-flood assets; to provide relative to the proceeds from the sale of non-5
flood assets; to provide for membership of the Non-Flood Protection Asset6
Management Authority; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 38:330.12(B)(2) is hereby amended and reenacted to read as follows:9
§330.12. Ownership and management of non-flood protection functions and10
activities11
* * *12
B.13
* * *14
(2) The authority may sell, lease, or otherwise transfer any such property and15
perform any and all things necessary to carry out the objects of this Section, provided16
that any such sale or transfer be for full and adequate consideration and any proceeds17
therefrom be used to pay outstanding debts. If the authority determines that the sale,18
lease, or transfer of such property is appropriate, it shall first offer the property to19
political subdivisions in the parish in which the property is located and state agencies20 HLS 11RS-928 ORIGINAL
HB NO. 475
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conducting operations in that parish, other than levee districts, political subdivisions,1
or agencies responsible for flood control. If any such public entity is interested in2
acquiring the property, the authority shall evaluate proposals submitted by those3
entities. If no such proposal is received, or if such proposals are not determined to4
be in the best interest of the authority, the property may be offered for sale or lease5
as otherwise provided by law.6
* * *7
Section 2. R.S. 38:330.12.1(C)(1) as added by Acts 2010, No. 1014, Section 2, of8
the 2010 Regular Session is hereby amended and reenacted as follows: 9
§330.12.1. Non-Flood Protection Asset Management Authority; creation;10
composition; powers, duties, functions11
* * *12
C. The authority shall be composed of the following members who shall be13
subject to Senate confirmation, provided that no elected official shall be appointed14
to serve as a member of the authority:15
(1) One member Two members appointed by the Southeast Louisiana Flood16
Protection Authority East.17
* * *18
Section 3. R.S. 38:330.12.1(C)(1) as amended by Acts 2010, No. 1014, Section 4,19
of the 2010 Regular Session is hereby amended and reenacted to read as follows: 20
§330.12.1. Non-Flood Protection Asset Management Authority; creation;21
composition; powers, duties, functions22
* * *23
C. The authority shall be composed of the following members who shall be24
subject to Senate confirmation, provided that no elected official shall be appointed25
to serve as a member of the authority:26
(1) One member Two members appointed by the Southeast Louisiana Flood27
Protection Authority East. 28
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HB NO. 475
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Section 4.(A) The provisions of law contained in Section 2 of this Act shall become1
effective upon signature of the governor, and shall cease to be effective on January 1, 2012.2
(B) The provisions of law contained in Section 3 of this Act shall become effective3
on January 1, 2012.4
Section 5. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
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)]
Lorusso HB No. 475
Abstract: Deletes the requirement for the SLFPA-East to pay outstanding debts from
certain sale proceeds. Further provides for an additional board member on the Non-
Flood Protection Asset Management Authority.
Present law authorizes the SLFPA-East to sell, lease, or otherwise transfer any of the non-
flood assets and perform any and all things necessary to carry out the objects of present law,
provided that any sale or transfer be for full and adequate consideration and any proceeds
therefrom be used to pay outstanding debts.
Proposed law deletes the requirement that any proceeds from the sale of non-flood assets be
used to pay outstanding debts.
Present law requires the authority to first offer the non-flood asset to political divisions in
the parish in which the property is located and state agencies conducting operations in that
parish, other than levee districts, political subdivisions, or agencies responsible for flood
control, and to evaluate any proposal submitted by those public entities. Further provides
that if no such proposal is received, or if such proposals are not determined to be in the best
interest of the authority, the property may be offered for sale or lease as otherwise provided
by law.
Proposed law retains present law.
Present law creates the Non-flood Protection Asset Management Authority within DOTD
to manage and control any non-flood protection facility or improvement asset or function
within a levee district within the jurisdiction of a flood protection authority and further
provides for its composition of the board.
Proposed law adds a member to the board to be appointed by the SLFPA-East.
Present law creates the Non-flood Protection Asset Management Authority as a political
subdivision with the power to manage and control any non-flood protection facility or HLS 11RS-928 ORIGINAL
HB NO. 475
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improvement asset or function within a levee district within the jurisdiction of a flood
protection authority and further provides for the board composition.
Proposed law adds a member to the board to be appointed by the SLFPA-East.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 38:330.12(B)(2) and 330.12.1(C)(1) as added by Acts 2010, No. 1014, §2, of
the 2010 R.S. and as amended by Acts 2010, No. 1014, §4 of the 2010 R.S.)