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ACT No. 371
Regular Session, 2011
HOUSE BILL NO. 640 (Substitute for House Bill No. 430 by Representative Billiot)
BY REPRESENTATIVE BILLIOT
AN ACT1
To amend and reenact R.S. 38:213, 225(A)(1)(a) and (2) and (D), and 291(R)(1) and2
(Y)(1)(a) and to enact R.S. 38:321.1 and 225(E) and (F), relative to levee districts3
and flood control structures; to restrict access upon a levee or flood control structure4
in certain circumstances; to provide for penalties; to provide exceptions for access5
upon public levees or flood control structures; to provide relative to the obstruction6
of levees; to authorize a levee district or levee drainage district to purchase certain7
items through an existing public contract of another political subdivision; to provide8
for the limits of certain levee districts and the transfer of certain books, records,9
documents, and property between certain levee districts; and to provide for related10
matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 38:213, 225(A)(1)(a) and (2) and (D), and 291(R)(1) and (Y)(1)(a)13
are hereby amended and reenacted and R.S. 38:321.1 and 225(E) and (F) are hereby enacted14
to read as follows:15
§213. Riding or hauling on levees prohibited16
A. No person shall ride, drive, or haul upon the public levees or integrated17
coastal protection projects or their rights-of-way except where, in the judgment of18
the levee commissioners of a district and the Department of Transportation and19 ENROLLEDHB NO. 640
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Development, or, for levees or integrated coastal protection projects in the coastal1
area as defined in R.S. 49:214.2(3), the Office of Coastal Protection and Restoration,2
ample provision has been made to guard against any damage to which the levees or3
integrated coastal protection projects may thereby be exposed from wear, tear, and4
abuse. Each levee district shall publish guidance, erect signage, and require special5
permits as they deem appropriate to allow them to make provisions for limited6
riding, driving, or hauling.7
B. Whoever violates this Section shall be fined not more than fifty dollars8
or imprisoned for not more than thirty days, or both Each governing authority is9
authorized to set the penalty for violation of this Section, provided that the penalty10
shall not exceed the penalty for criminal trespass, as defined in R.S. 14:63, and the11
governing authority may seek injunctive relief and collect all expenses incurred as12
a result of the violation.13
C. This Section shall not be construed to restrict the proper officers of the14
state or of any levee district or parish while in the performance of duty in inspecting,15
guarding, or repairing the levees or integrated coastal protection projects.16
D. Nothing in this Section shall interfere with the crossing over any public17
levees, at ramps or inclines established under plans and specifications of the18
Department of Transportation and Development, or, for levees or integrated coastal19
protection projects in the coastal area as defined in R.S. 49:214.2(3), the Office of20
Coastal Protection and Restoration, for the purpose of transporting any material that21
may be used or required in the business of the population living behind the levees.22
Nothing in this Section shall interfere with the ability of the Coastal Protection and23
Restoration Authority to carry out its responsibilities as the local sponsor for all24
integrated coastal protection projects, in its jurisdiction, pursuant to R.S.25
49:214.1(F).26
* * *27
§225. Obstructions on levees, waterways, and rights of way rights-of-way therefor;28
removal at expense of person responsible; destroying markers prohibited29 ENROLLEDHB NO. 640
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A. No person shall:1
(1)(a) Place or cause to be placed upon or within six fifteen feet of any part2
of the levees fronting any waterway subject to the control or surveillance of police3
juries, levee boards, municipal corporations, or other authorized boards or4
departments any object, material, or matter of any kind or character which obstructs5
or interferes with the safety of the levees or is an obstacle to the inspection,6
construction, maintenance, or repair of any levee; or place or cause to be placed any7
object, structure, material, or matter of any kind or character upon any part of any8
land which the state or any agency or subdivision thereof may own or acquire by9
deed, lease, servitude, charge, or otherwise, and through its authorized10
representative, may donate, grant, or otherwise convey to the United States' rights-11
of-way, easements, or other servitudes for the construction, improvement, or12
maintenance of any flood-control structures or natural or other waterway, which may13
obstruct or interfere with the improvement or maintenance of such waterway or use14
of the land for flood-control purposes.15
* * *16
(2)(a)(i) Tie or moor logs, rafts, boats, water craft watercraft, or floating17
objects of any description to the levees, or, when the water is against the levees, tie18
or moor any floating objects insecurely to mooring posts, revetments, trees, or other19
stationary or supposedly stationary objects on the foreshore where they can be driven20
against the levees during windstorms within one hundred eighty feet from the crown21
of any federally authorized and funded levees or levees designated by the Office of22
Coastal Protection and Restoration or the Department of Transportation and23
Development;24
(ii) When the water is against the levees, drive or push any logs, rafts, boats,25
watercraft, or floating objects of any description onto or against any levees;26
(b) Nothing herein shall prohibit the mooring or berthing of floating vessels27
at such locations as have been permitted for this purpose by the United States Coast28 ENROLLEDHB NO. 640
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Guard Captain of the Port, United States Army Corps of Engineers, the Louisiana1
Department of Transportation and Development, the jurisdictional levee district or2
flood protection authority, the Office of Coastal Protection and Restoration, or any3
other permitting authority;4
* * *5
D. Whoever violates this Section shall be fined not more than one hundred6
dollars or imprisoned for not more than six months, or both. subject to the following7
penalties:8
(1) Not more than one hundred dollars for each violation or, in the case of9
willful and wanton violations, imprisonment for not more than six months, or both.10
(2)(a) Within the parishes of Jefferson and Orleans, a civil fine of not more11
than ten thousand dollars for each violation or, in the case of willful and wanton12
violations, imprisonment for not more than six months, or both. Second and any13
subsequent violations shall be subject to a civil fine of up to twenty thousand dollars14
for each violation or, in the case of willful and wanton violations, imprisonment for15
not more than six months, or both.16
(b) The provisions of this Paragraph shall remain in effect until such time as17
the Coastal Protection and Restoration Authority promulgates regulations that will18
provide levee districts, within the coastal area, as defined in R.S. 49:214.2(3), with19
the authority to enforce the necessary prohibitions related to Subparagraph (2)(a) of20
this Section as determined or approved by the Coastal Protection and Restoration21
Authority.22
E. The governing authority that has jurisdiction of a levee, may bring a civil23
action for damages and/or injunctive relief, including but not limited to the issuance24
of a mandatory injunction. In any suit for the issuance of an injunction, proof of25
irreparable harm shall not be necessary.26
F. Nothing in this Section shall interfere with the ability of the Coastal27
Protection and Restoration Authority to carry out its responsibilities as the local28 ENROLLEDHB NO. 640
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sponsor for all flood control projects, in its jurisdiction, pursuant to R.S. 49:214.1(F).1
* * *2
§291. Naming; limits of districts; composition of boards3
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R. West Jefferson Levee District. (1) The West Jefferson Levee District as5
it existed on January 1, 2007, is reorganized as provided by this Paragraph and as6
provided by Paragraph (Y)(1) of this Section. All lands in the parish of Jefferson7
lying north of Latitude 29/ 17' 52" N 29° 47' 00" N and on the west side of the8
Mississippi River, except that area of land contained in the Lafitte Area Independent9
Levee District, shall constitute a levee district to be known as the West Jefferson10
Levee District. These lands and all property thereon situated, not exempt from11
taxation, shall be subject to the provisions of this Chapter.12
* * *13
Y. Lafitte Area Independent Levee District. (1)(a) The West Jefferson Levee14
District as it existed on January 1, 2007 2011, is reorganized as provided by this15
Paragraph and as provided by Paragraph (R)(1) of this Section. The Lafitte Area16
Independent Levee District as it existed on January 1, 2011, is reorganized as17
provided by this Paragraph and as provided by this Subsection shall be comprised18
of all of the lands in the parish of Jefferson located in Townships 15 South – Range19
23 East, Township 16 South – Range 24 East, Township 16 South – Range 23 East20
and Township 16 South – Range 24 East, Parish of Jefferson, State of Louisiana.21
More fully described as follows:22
Beginning at a point having a Latitude of 29 degrees 47 minutes 25 seconds23
North and a Longitude of 90 degrees 08 minutes 30 seconds West; Thence along the24
Northern boundary N 89 degrees 23 minutes 16 seconds E for a distance of25
20,794.06 feet to a point having a Latitude of 29 degrees 47 minutes 25 seconds26
North and a Longitude of 90 degrees 04 minutes 34 seconds West; Thence along the27
Eastern boundary S 00 degrees 37 minutes 43 seconds E for a distance of 54,446.5328 ENROLLEDHB NO. 640
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feet to a point having a Latitude of 29 degrees 38 minutes 26 seconds North and a1
Longitude of 90 degrees 04 minutes 34 seconds West; Thence along the southern2
boundary S 89 degrees 23 minutes 16 seconds W for a distance of 20,825.20 feet to3
a point having a Latitude of 29 degrees 38 minutes 26 seconds North and a4
Longitude 90 degrees 08 minutes 30 seconds West, Thence along the western5
boundary N 00 degrees 35 minutes 45 seconds W for a distance of 54,446.53 feet to6
the Point of Beginning. lying north of Latitude 29/ 17' 52" N and lying south of 29°7
47' 00" N. These lands and all property thereon situated, not exempt from taxation,8
shall be subject to the provisions of this Chapter.9
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§321.1. Additional procurement methods; levee districts11
A. In addition to the procurement methods available to all political12
subdivisions, as an alternate cost-effective means of acquiring materials, supplies,13
vehicles, and equipment, a levee district or levee drainage district may purchase14
these items through an existing public contract of another political subdivision within15
one year of the opening of bids, provided that the following conditions are met:16
(1) The contract was bid in compliance with R.S. 38:2211 et seq.17
(2) The total purchases on the contract do not exceed two times what was18
purchased by the political subdivision bidding the contract.19
(3) The written consent of the political subdivision which bid the contract20
is obtained, as well as the contract number, and if applicable, the resolution accepting21
the contract.22
(4) The vendor agrees to the additional purchase.23
(5) The vendor, product, materials, supplies, vehicles, or equipment are24
identical to those specified in the existing public contract of the other political25
subdivision, and the price is the same as the original contract price.26
B. The levee district or levee drainage district may rely on a certificate of the27
political subdivision that the contract was bid in compliance with state law.28 ENROLLEDHB NO. 640
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Section 2. Any books, records, documents, movable property, lands, or immovable1
property owned by the West Jefferson Levee District situated within the Lafitte Area2
Independent Levee District, that are owned by or in the possession of the West Jefferson3
Levee District and that are situated in or pertain to the operations in the jurisdiction of the4
Lafitte Area Independent Levee District shall, upon the effective date of this Act, become5
property of and shall be transferred to the Lafitte Area Independent Levee District without6
the necessity of any other act, instrument, or deed.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: