ENROLLED
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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.
AN ACT1
To amend and reenact R.S. 38:291(R)(1) and (Y)(1), 330.8(B)(2), 330.12(B)(2), and2
330.12.1(C) as added by Acts 2010, No. 1014, Section 2, of the 2010 Regular3
Session of the Legislature and as amended by Acts 2010, No. 1014, Section 4 of the4
2010 Regular Session of the Legislature and to enact R.S. 38:291(Y)(7), relative to5
levee districts; to provide relative to the territorial jurisdiction of the West Jefferson6
Levee District and the Lafitte Area Independent Levee District; to provide relative7
to funding and appropriations for the Non-Flood Asset Protection Management8
Authority; to provide relative to the proceeds from the sale of non-flood assets; to9
provide for membership of the Non-Flood Protection Asset Management Authority;10
and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 38:291(R)(1) and (Y)(1), 330.8(B)(2), and 330.12(B)(2) are hereby13
amended and reenacted and R.S. 38:291(Y)(7) is hereby enacted to read as follows:14
§291. Naming; limits of districts; composition of boards15
* * *16
R. West Jefferson Levee District. (1) The West Jefferson Levee District as17
it existed on January 1, 2007, is reorganized as provided by this Paragraph and as18
provided by Paragraph (Y)(1) of this Section. All lands in the parish of Jefferson19 ENROLLEDHB NO. 475
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lying north of Latitude 29/ 17' 52" N 29/ 47' 00" N and on the west side of the1
Mississippi River, except that area of land contained in the Lafitte Area Independent2
Levee District, shall constitute a levee district to be known as the West Jefferson3
Levee District. These lands and all property thereon situated, not exempt from4
taxation, shall be subject to the provisions of this Chapter.5
* * *6
Y. Lafitte Area Independent Levee District. (1)(a) The West Jefferson7
Levee District as it existed on January 1, 2007 2011, is reorganized as provided by8
this Paragraph and as provided by Paragraph (R)(1) of this Section. The Lafitte Area9
Independent Levee District as it existed on January 1, 2011, is reorganized as10
provided by this Paragraph shall be comprised of all of the lands in the parish of11
Jefferson located in Townships 15 South – Range 23 East, Township 16 South –12
Range 24 East, Township 16 South – Range 23 East and Township 16 South – Range13
24 East, Parish of Jefferson, State of Louisiana. More fully described as follows:14
Beginning at a point having a Latitude of 29 degrees 47 minutes 25 seconds15
North and a Longitude of 90 degrees 08 minutes 30 seconds West; Thence along the16
Northern boundary N 89 degrees 23 minutes 16 seconds E for a distance of17
20,794.06 feet to a point having a Latitude of 29 degrees 47 minutes 25 seconds18
North and a Longitude of 90 degrees 04 minutes 34 seconds West; Thence along the19
Eastern boundary S 00 degrees 37 minutes 43 seconds E for a distance of 54,446.5320
feet to a point having a Latitude of 29 degrees 38 minutes 26 seconds North and a21
Longitude of 90 degrees 04 minutes 34 seconds West; Thence along the southern22
boundary S 89 degrees 23 minutes 16 seconds W for a distance of 20,825.20 feet to23
a point having a Latitude of 29 degrees 38 minutes 26 seconds North and a24
Longitude 90 degrees 08 minutes 30 seconds West, Thence along the western25
boundary N 00 degrees 35 minutes 45 seconds W for a distance of 54,446.53 feet to26
the Point of Beginning. , lying north of Latitude 29/ 17' 52" N and lying south of 29/27
47' 00N.28
(b) These land lands and all property thereon situated, not exempt from29
taxation, shall be subject to the provisions of this Chapter.30 ENROLLEDHB NO. 475
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* * *1
(7) Any books, records, documents, movable property, lands, or immovable2
property owned by the West Jefferson Levee District situated within the Lafitte Area3
Independent Levee District, that are owned by or in the possession of the West4
Jefferson Levee District and that are situated in or pertain to the operations in the5
jurisdiction of the Lafitte Area Independent Levee District shall, upon the effective6
date of this Act, become property of and shall be transferred to the Lafitte Area7
Independent Levee District without the necessity of any other act, instrument, or8
deed.9
* * *10
§330.8. Funding; appropriations11
* * *12
B.13
* * *14
(2)(a) The proceeds from the annual ad valorem taxes levied by the Orleans15
Levee District and the Algiers Levee District shall be delivered by the tax collector16
for Orleans Parish to the Orleans Levee District.17
(b) From the first proceeds of such taxes received by the Orleans Levee18
District, provision shall be made and all funds necessary shall be set aside for the19
payment of all debt service or other requirements due on all outstanding bonds,20
notes, or other evidences of indebtedness during such calendar year relating to the21
outstanding bonds of the Orleans Levee District issued and outstanding as of January22
1, 2007, in accordance with the terms of such instruments and the resolutions and23
agreements providing for their insurance and security.24
(c) The net amount of such taxes remaining shall be paid by the Orleans25
Levee District to the Algiers Levee District in such amount as the proportion that the26
dollar amount of the taxes collected within the Algiers Levee District bears to the27
total amount of such taxes collected within the parish of Orleans for that tax year.28 ENROLLEDHB NO. 475
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(d) Said payment of ad valorem tax proceeds by the Orleans Levee District1
to the Algiers Levee District shall be made on or before the fifteenth day of April in2
each year beginning in the year 2008.3
(e) After the payments made under Subparagraphs (b) and (c) of this4
Paragraph: (i) Seven hundred thousand dollars shall be paid to the Non-Flood5
Protection Asset Management Authority on or before the thirtieth day of July6
beginning in the year 2011 and on or before the fifteenth day of April thereafter to7
be used for the operation and maintenance of Lakeshore Drive.8
(ii) Sufficient funds shall be allocated for purposes of maintaining an9
Orleans Levee District police force to be made up of not less than twenty-four police10
officers who shall provide security for Lakeshore Drive and other flood assets11
located within the jurisdiction of the Orleans Levee District.12
(iii) The provisions of Subparagraph (e) of this Paragraph shall expire on13
December 31, 2012.14
(f) Any additional ad valorem taxes received by the Orleans Levee District15
for the same tax year after said payment shall be paid to the Algiers Levee District16
in the same proportion set forth in Subparagraph (c) of this Paragraph not later than17
thirty days after receipt thereof by the Orleans Levee District.18
* * *19
§330.12. Ownership and management of non-flood protection functions and20
activities21
* * *22
B.23
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(2) The authority may sell, lease, or otherwise transfer any such property and25
perform any and all things necessary to carry out the objects of this Section, provided26
that any such sale or transfer be for full and adequate consideration and any proceeds27
therefrom be used to pay outstanding debts., and any proceeds therefrom be paid28 ENROLLEDHB NO. 475
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within thirty days following the sale or transfer in a ratio of eighty percent of the1
proceeds to the Authority and twenty percent of the proceeds to the members of the2
class established in the matter of "Haspel and Davis, Milling and Planting, Co., Ltd.,3
et al. vs. Board of Levee Commissioners" Docket No. 31-357 of the Twenty-fifth4
Judicial District Court for the Parish of Plaquemines, to satisfy the outstanding debt5
of the Orleans Levee District pursuant to the judgment dated December 11, 2000,6
and the settlement agreement homologated therein. If the authority determines that7
the sale, lease, or transfer of such property is appropriate, it shall first offer the8
property to political subdivisions in the parish in which the property is located and9
state agencies conducting operations in that parish, other than levee districts, political10
subdivisions, or agencies responsible for flood control. If any such public entity is11
interested in acquiring the property, the authority shall evaluate proposals submitted12
by those entities. If no such proposal is received, or if such proposals are not13
determined to be in the best interest of the authority, the property may be offered for14
sale or lease as otherwise provided by law.15
* * *16
Section 2. R.S. 38:330.12.1(C) as added by Acts 2010, No. 1014, Section 2, of the17
2010 Regular Session is hereby amended and reenacted as follows: 18
§330.12.1. Non-Flood Protection Asset Management Authority; creation;19
composition; powers, duties, functions20
* * *21
C. The authority shall be composed of the following members who shall be22
subject to Senate confirmation, provided that no elected official shall be appointed23
to serve as a member of the authority:24
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(2) One member appointed by each the state senator representing Senate26
District No. 3 and Senate District No. 4, and each by the state representative in27
whose district any non-flood asset is located. representing House District No. 97,28
House District No. 94, House District No. 99, and by the Congressional29
Representative representing Congressional District No. 1 and Congressional District30 ENROLLEDHB NO. 475
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No. 2. At least one member appointed shall be a lawyer, at least one member shall1
be a certified public accountant and at least one member shall be a realtor.2
* * *3
Section 3. R.S. 38:330.12.1(C) as amended by Acts 2010, No. 1014, Section 4, of4
the 2010 Regular Session is hereby amended and reenacted to read as follows: 5
§330.12.1. Non-Flood Protection Asset Management Authority; creation;6
composition; powers, duties, functions7
* * *8
C. The authority shall be composed of the following members who shall be9
subject to Senate confirmation, provided that no elected official shall be appointed10
to serve as a member of the authority:11
* * *12
(2) One member appointed by each the state senator representing Senate13
District No. 3 and Senate District No. 4, and each by the state representative in14
whose district any non-flood asset is located. representing House District No. 97,15
House District No. 94, House District No. 99, and by the Congressional16
Representative representing Congressional District No. 1 and Congressional District17
No. 2. At least one member appointed shall be a lawyer, at least one member shall18
be a certified public accountant and at least one member shall be a realtor.19
* * *20
(6) One member appointed by the secretary of the Department of21
Transportation and Development.22
(7) One member appointed by the Lake Pontchartrain Basin Foundation.23
(8) One member appointed by the board for the New Orleans City Park.24
* * *25
Section 4.(A) The provisions of law contained in Section 2 of this Act shall become26
effective upon signature of the governor, and shall cease to be effective on January 1, 2012.27
(B) The provisions of law contained in Section 3 of this Act shall become effective28
on January 1, 2012.29 ENROLLEDHB NO. 475
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Section 5. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: