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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., and any proceeds therefrom be paid18
within thirty days following the sale or transfer in a ratio of eighty percent of the19
proceeds to the Authority and twenty percent of the proceeds to the members of the20
class established in the matter of "Haspel and Davis, Milling and Planting, Co., Ltd.,21 HLS 11RS-928 ENGROSSED
HB NO. 475
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et al. vs. Board of Levee Commissioners" Docket No. 31-357 of the Twenty-fifth1
Judicial District Court for the Parish of Plaquemines, to satisfy the outstanding debt2
of the Orleans Levee District pursuant to the judgment dated December 11, 2000,3
and the settlement agreement homologated therein. If the authority determines that4
the sale, lease, or transfer of such property is appropriate, it shall first offer the5
property to political subdivisions in the parish in which the property is located and6
state agencies conducting operations in that parish, other than levee districts, political7
subdivisions, or agencies responsible for flood control. If any such public entity is8
interested in acquiring the property, the authority shall evaluate proposals submitted9
by those entities. If no such proposal is received, or if such proposals are not10
determined to be in the best interest of the authority, the property may be offered for11
sale or lease as otherwise provided by law.12
* * *13
Section 2. R.S. 38:330.12.1(C)(1) as added by Acts 2010, No. 1014, Section 2, of14
the 2010 Regular Session is hereby amended and reenacted as follows: 15
§330.12.1. Non-Flood Protection Asset Management Authority; creation;16
composition; powers, duties, functions17
* * *18
C. The authority shall be composed of the following members who shall be19
subject to Senate confirmation, provided that no elected official shall be appointed20
to serve as a member of the authority:21
(1) One member Two members appointed by the Southeast Louisiana Flood22
Protection Authority East.23
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Section 3. R.S. 38:330.12.1(C)(1) as amended by Acts 2010, No. 1014, Section 4,25
of the 2010 Regular Session is hereby amended and reenacted to read as follows: 26
§330.12.1. Non-Flood Protection Asset Management Authority; creation;27
composition; powers, duties, functions28
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C. The authority shall be composed of the following members who shall be1
subject to Senate confirmation, provided that no elected official shall be appointed2
to serve as a member of the authority:3
(1) One member Two members appointed by the Southeast Louisiana Flood4
Protection Authority East. 5
* * *6
Section 4.(A) The provisions of law contained in Section 2 of this Act shall become7
effective upon signature of the governor, and shall cease to be effective on January 1, 2012.8
(B) The provisions of law contained in Section 3 of this Act shall become effective9
on January 1, 2012.10
Section 5. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
Lorusso HB No. 475
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 provides that and any proceeds from the sale or transfer of non-flood
protection assets, be paid within 30 days following the sale or transfer in a ratio of 80% of
the proceeds to the Authority to satisfy the outstanding debt of the Orleans Levee District
pursuant to the judgment dated Dec. 11, 2000, and the settlement agreement homologated
therein.
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 HLS 11RS-928 ENGROSSED
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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
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.)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Added a provision to require that following the sale or transfer, the proceeds of
such shall be paid in a ratio of 80% to the Authority and 20% to the members of
the class, to satisfy the outstanding debt of the OLD pursuant to a judgment dated
Dec. 11, 2000.