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Regular Session, 2012
HOUSE BILL NO. 615
BY REPRESENTATIVE ST. GERMAIN
TRANSPORTATION DEPT: Revises names of offices within DOTD
AN ACT1
To amend and reenact R.S. 3:2571(A) and 2572, R.S. 30:2199(A), R.S. 33:7556, R.S. 36:2
508(A), R.S. 38:17, 20, 23, 26(C), 31(2), 32(A) and (B)(introductory paragraph), 33,3
34, 84(B), 90.1(8), 90.4(A)(1)(introductory paragraph), (B)(1) and (2) (introductory4
paragraph), 90.7, 90.8, 90.12(B), 91, 226, 301(C)(2)(c), 306(C) and (D), 307(A)(1)5
and (2), 315, 319, 338(B), 402(A), 491, 492, 511, 2044(5), 3074 (A)(4), (D)(4) and6
(9)(c), 3086.24(H)(1), and 3306(B), and R.S. 40:1236.2(C)(4)(a)(v), relative to the7
Department of Transportation and Development; to reassign duties of offices within8
the Department of Transportation and Development; to rename the office of public9
works, hurricane flood protection and intermodal transportation within the10
Department of Transportation and Development; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1: R.S. 3:2571(A) and 2572 are hereby amended and reenacted to read as13
follows:14
§2571. Livestock allowed on levees; conditions15
A. Horses, mules, cattle, hogs, sheep, or livestock of any description may go16
on the levees, or the space between the base of the levees and the draining ditch at17
any time, except where, in the judgment of the levee commissioners of a district and18
the office of public works engineering, damage would occur to the levees from19
exposure to wear, tear, and abuse.20
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§2572. Impounding livestock; sale if not redeemed1
The levee commissioners of a district and the office of public works2
engineering may impound or cause to be impounded any horses, mules, cattle, hogs,3
sheep, or other livestock of any description found violating this Part, and hold them4
impounded until the owner of the livestock shall redeem them by paying the5
expenses of impounding and keeping the stock. In case the stock is not redeemed6
from impoundment within eight days of notification to the owner of the7
impoundment and pending sale, then it shall be the duty of the constable to proceed8
to the place of impounding, and there, without previous advertisement, sell the9
animals thus impounded for cash to the highest bidder, except that in the cases of10
horses and mules, they shall be disposed of as is now provided by law in the several11
parishes for strays.12
Section 2. R.S. 30:2199(A) is hereby amended and reenacted to read as follows:13
§2199. Applications; comments; local government 14
A. The secretary shall furnish a copy of each permit or license application15
to the Department of Wildlife and Fisheries, the office of public works engineering16
within the Department of Transportation and Development, the Department of17
Health and Hospitals, the Department of Justice, and the local governing authorities18
of any municipality and parish within whose territorial jurisdiction the facility or19
activity is or will be located. The permittee shall file with the secretary two extra20
copies of each application, with one copy to be provided to the first intervener and21
the other copy to be used by the office to allow for public access and inspection of22
the application.23
* * *24
Section 3. R.S. 33:7556 is hereby amended and reenacted to read as follows:25
§7556. Advice and services of office of public works engineering, Department of26
Wildlife and Fisheries, and office of environmental affairs 27
The district and the board of commissioners therefor shall have, with respect28
to all of the powers and functions prescribed by this Chapter, the advice and the29 HLS 12RS-408 ORIGINAL
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services of the office of public works engineering of the Department of1
Transportation and Development, the Department of Wildlife and Fisheries, and the2
office of environmental affairs. It shall be the duty of said department and offices3
to make such reports, inspections, and investigations, render such reports, estimates,4
and recommendations and furnish such plans and specifications as the board of5
commissioners for the district may request.6
Section 4. R.S. 36:508(A) is hereby amended and reenacted to read as follows: 7
§508. Office of engineering; functions; chief engineer; powers and duties8
A. There is hereby created within the Department of Transportation and9
Development, the office of engineering, which shall administer engineering matters10
related to the state's highway program with respect to project development, design,11
construction, maintenance, extension, improvement, and regulation of roads,12
highways, expressways, bridges, and related matters, and any other special highway13
engineering program as may be directed by the secretary. The office shall also14
administer the public works functions of the state related to flood and drainage15
control, reclamation, water resources, soil conservation, mapping, disaster relief, and16
related matters, the state's participation in the National Flood Insurance Program, 4217
U.S.C. 4001 et seq., and other special programs as may be directed by the secretary.18
* * *19
Section 5. R.S. 38:17, 20, 23, 26(C), 31(2), 32(A) and (B)(introductory paragraph),20
33, 34, 84(B), 90.1(8), 90.4(A)(1)(introductory paragraph), (B)(1) and (2)(introductory21
paragraph), 90.7, 90.8, 90.12(B), 91, 226, 301(C)(2)(c), 306(C) and (D), 307(A)(1) and (2),22
315, 319, 338(B), 402(A), 491, 492, 511, 2044(5), 3074(A)(4), (D)(4) and (9)(c),23
3086.24(H)(1), and 3306(B) are hereby amended and reenacted as follows:24
§17. Divisions to exercise functions of department; contracts; grants of money;25
reports 26
A. The assistant secretary shall exercise the functions of the office of public27
works engineering, subject to the direction and control of the secretary. 28 HLS 12RS-408 ORIGINAL
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B. The assistant secretary may enter into written contracts with the federal1
government or any federal agency, or any political subdivision of the state or private2
individual for the construction, operation, or maintenance of any public works which3
under this Chapter the department may administer and may receive and disburse4
grants of money from the agencies or persons for these purposes. All grants of5
money shall be credited by the treasurer in a special account subject to withdrawal6
only by the assistant secretary of the office of public works engineering. Any7
portion of any grant unexpended at the end of any fiscal year shall remain to the8
credit of the department for expenditure during the succeeding fiscal years. 9
C. A complete and itemized report of the public improvements fund of the10
office of public works engineering of the previous fiscal year's expenditures shall11
be made by October first of each year. The report submitted shall include the source12
of all funds expended on public works projects from the public improvements fund,13
a project description, the location of the project, the amount of funds granted for each14
project, and the date and payee of each disbursement of funds expended on each15
project. The office shall request each recipient of funds from the public16
improvements fund to provide, in detail, a description of the project for which the17
funds were used, a listing of the date and amount of all disbursements of funds, to18
whom each payment was made and for what purpose. If the recipient submits the19
requested information, the office shall include same in the report. If the information20
is not submitted, the office shall make note of such fact in the report. The report21
shall be submitted to the legislative auditor and to the House and Senate Committees22
on Transportation, Highways, and Public Works committees on transportation,23
highways, and public works.24
* * * 25
§20. Red River Compact Commission membership 26
A. There shall be two members appointed to represent the state of Louisiana27
on the Red River Compact Commission as required by Act No. 71 of the 197828
Regular Session of the Legislature. One member shall be the assistant secretary of29 HLS 12RS-408 ORIGINAL
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the office of public works engineering of the Department of Transportation and1
Development and one member shall be appointed by the governor, subject to Senate2
confirmation. 3
B. The member of the Red River Compact Commission appointed by the4
governor to represent the state as provided by Article IX of the Red River Compact5
contained in Act No. 71 of the 1978 Regular Session of the Legislature shall be6
entitled to receive a per diem allowance of fifty dollars for each day of a meeting of7
the administration or any of its committees actually attended by such member, to be8
paid out of funds available for the purpose by the office of public works engineering9
of the Department of Transportation and Development, on his own warrant. In10
addition, such member of the administration shall be entitled to be reimbursed for11
expenses actually incurred in attending meetings of the administration or its12
committees, or in the transaction of any business of the administration, to be paid out13
of funds available for that purpose by the office of public works engineering of the14
Department of Transportation and Development.15
* * * 16
§23. Permit or consent required 17
All dams, as herein above described, both federal and non-federal nonfederal18
but excluding the Toledo Bend Dam, shall be under the jurisdiction of the state19
acting through the chief engineer of the Department of Transportation and20
Development, office of public works engineering. The chief engineer, or his21
authorized representative, shall have supervision and overview of the construction,22
modification, operation, and maintenance of the dams to the extent required to23
protect life and property and to provide for the safety and welfare of the public. No24
person, partnership, association, corporation, agency, or political subdivision shall25
construct any such dam or make, construct, or permit to be made or constructed any26
change in the dam without first obtaining the written consent or permit of the chief27
engineer. No permit is required for routine maintenance.28
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§26. Violations; orders of chief engineer; remedial measures; emergency situations;1
designated operation and maintenance 2
* * *3
C. The commission or political subdivision under whose authority the4
following dams are established, is hereby authorized to transfer the maintenance and5
operation thereof to the Department of Transportation and Development, office of6
public works engineering, and the Department of Transportation and Development,7
office of public works, is hereby authorized and directed to operate and maintain the8
dam, water-control structures, gates, spillway, and related appurtenances to the9
extent that it deems necessary to insure ensure that the man-made impoundment10
structure and the attendant water-control devices are functioning to design11
capabilities.12
* * *13
§31. Definitions 14
* * *15
(2) "Office" means the office of public works engineering of the Department16
of Transportation and Development. 17
* * *18
§32. Louisiana Water Resources Program; powers, duties, and functions 19
A. There is hereby established in the office of public works engineering the20
Louisiana Water Resources Program, the purpose of which shall be planning for the21
wise management of Louisiana's water resources on a statewide basis. This purpose22
shall be fulfilled through the implementation of the powers, duties, and functions of23
the office of public works engineering as described in R.S. 38:32(B). 24
B. The office of public works engineering shall be authorized to engage in25
the following activities: 26
* * *27
§33. Regional planning commissions 28
A. Each of the eight regional planning commissions created throughout the29
state pursuant to the authorization provided in Subparts C and F of Part IV of30 HLS 12RS-408 ORIGINAL
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Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950 shall be authorized1
to and shall assist the office of public works engineering in preparation of that2
office's annual report to the governor, the House Committee on Transportation,3
Highways and Public Works, the Senate Committee on Transportation, Highways4
and Public Works, and the Joint Legislative Committee on the Budget regarding5
priorities for project funding in accordance with the requirements of R.S. 38:32. 6
B. Each planning commission shall solicit proposals for project funding from7
local governments and from special districts, boards, and commissions having water8
resources and sewerage responsibilities, which entities are located within the area of9
jurisdiction of the planning commission. Each planning commission shall set a10
deadline for receipt of project proposals, following which it shall rank in order of11
priority those projects needing and deserving of project funding. Each planning12
commission shall establish guidelines acceptable to and approved by the office of13
public works engineering by which to evaluate and rank project proposals. 14
C. Each planning commission shall prepare and submit to the office of public15
works engineering a report setting forth a list of projects recommended for funding.16
Said report shall be submitted to the office at least one hundred twenty days prior to17
the date upon which the office plans to submit its comprehensive list of prioritized18
projects to the governor, the House Committee on Transportation, Highways and19
Public Works and the Senate Committee on Transportation, Highways and Public20
Works, and the Joint Legislative Committee on the Budget. 21
§34. Project evaluation and ranking 22
A. Upon receipt of reports by the regional planning commissions as required23
by R.S. 38:33, the office of public works engineering shall evaluate them on a24
regional basis and shall rank them in order of priority for funding, according to its25
rules and regulations and consistent with water resource plans and program priorities26
as developed in the office of environmental affairs, where applicable. 27
B. The report by the office of public works engineering shall be submitted28
to the governor, the House Committee on Transportation, Highways and Public29
Works and the Senate Committee on Transportation, Highways and Public Works,30 HLS 12RS-408 ORIGINAL
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and Joint Legislative Committee on the Budget by January 15th fifteenth of each1
calendar year. The report shall include narrative providing the following information2
for each proposal contained in the report:3
* * *4
§84. Parishes and municipalities authorized to comply with federal flood insurance5
act6
* * *7
B. The office of public works, hurricane flood protection, and intermodal8
transportation engineering shall cooperate with the Federal Insurance Administrator9
of the Federal Emergency Management Agency in the planning and carrying out of10
state participation in the National Flood Insurance Program and shall aid, advise, and11
cooperate with parishes and municipalities endeavoring to qualify for participation12
in said program.13
* * *14
§90.1. Definitions15
* * *16
(8) "Office" means the office of public works, hurricane flood protection,17
and intermodal transportation engineering of the Department of Transportation and18
Development.19
* * *20
§90.4. Methodology for flood-control project evaluation21
A.(1) Applications for funding of any flood-control projects under the22
Statewide Flood-Control Program may be submitted by any duly authorized23
municipal, parish, or other governing authority. Applications shall be made to the24
office of public works, hurricane flood protection, and intermodal transportation25
engineering by October first of each year, beginning in 1993, for consideration of26
funding in the following fiscal year. Applications submitted in accordance with the27
provisions of this Chapter shall not be subject to the provisions of R.S. 39:101.28
Sponsoring authorities with a population of fifty thousand persons or more shall be29
responsible for the preparation of applications for their respective projects. For30 HLS 12RS-408 ORIGINAL
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sponsoring authorities with a population of less than fifty thousand persons, the1
office shall prepare the applications for the projects, or the sponsoring authority may2
prepare its application in the event the office cannot accomplish required engineering3
services in a timely manner. Information to be provided in the application shall4
include but not be limited to the following:5
* * *6
B.(1) Applications shall be reviewed by the office of public works, hurricane7
flood protection, and intermodal transportation engineering, the Louisiana8
Geological Survey, the division of administration, the office of engineering, United9
States Soil Conservation Service, and any other appropriate state agencies.10
(2) Projects shall then be systematically evaluated by a flood control project11
evaluation committee consisting of the assistant secretary of the office of public12
works, hurricane flood protection, and intermodal transportation engineering, the13
director of the Louisiana Geological Survey, and the commissioner of the division14
of administration, or their designated representatives. The assistant secretary of the15
office of public works, hurricane flood protection, and intermodal transportation16
engineering shall chair the evaluation committee and the office of public works,17
hurricane flood protection, and intermodal transportation shall provide staff support18
for the program. The following criteria may be considered in the evaluation:19
* * *20
§90.7. Deletion, addition, or substitution of projects by office of public works,21
hurricane flood protection, and intermodal transportation engineering;22
progress reports required23
After adoption of the committee's recommendations by the legislature, the24
approved list of projects shall be forwarded to the office of public works, hurricane25
flood protection, and intermodal transportation engineering for implementation26
subject to limitation of allocated funds. The office shall not delete, add, or substitute27
any projects for those approved by the legislature; however, the secretary of the28
department may, at his discretion, authorize projects to be undertaken and financed29
due to an emergency out of the secretary's emergency fund. At least semiannually30 HLS 12RS-408 ORIGINAL
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or more often, as required by the committee, the office shall summarize the progress1
to date on all projects previously approved and shall submit a recapitulation of all2
emergency projects for the preceding six-month period, outlining the nature of the3
emergency and the cost of each project.4
§90.8. Notification to proper authority of project status by office of public works,5
hurricane flood protection, and intermodal transportation engineering6
After receipt of the list of projects adopted by the legislature, the office shall7
determine if each project lies solely within the jurisdiction of one authority or is8
partially located within other authorities. The office shall notify each authority9
affected by the projects in the plan of the status of each project.10
* * *11
§90.12. Certification of recipient authority; federal matching projects; exceptions;12
reimbursement for project construction13
* * *14
B. The recipient authority shall submit its share of project construction funds15
prior to the awarding of a contract in all instances in which the office of public16
works, hurricane flood protection, and intermodal transportation engineering is17
performing the contract operation and administration.18
* * *19
§91. Creation of the Louisiana Water Resources Information Center20
A. The Department of Transportation and Development, office of public21
works, hurricane flood protection, and intermodal transportation engineering, is22
hereby directed to establish and create a Louisiana Water Resources Information23
Center to be administered by and housed in the office of public works, hurricane24
flood protection, and intermodal transportation engineering and to implement an25
indexing and data accessing system that will contain, in part, all information past,26
present, and future for water and water-related resource data so collected by federal,27
state, and local agencies in the state of Louisiana.28
B. The Louisiana Water Resources Information Center, within the29
Department of Transportation and Development, office of public works, hurricane30 HLS 12RS-408 ORIGINAL
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flood protection, and intermodal transportation engineering, shall promulgate rules1
necessary to develop a program that will index or access all water-related resources2
data from the various host federal, state, and local agencies so as to serve as a central3
access point for all Louisiana water data, making said data more available, thereby4
reducing duplication of collection of said water data and increasing its use.5
* * *6
§226. Permits for levee crossings7
If an appointed board or commission having jurisdiction over levees receives8
letters of no objection from the United States Army Corps of Engineers and the9
Louisiana Department of Transportation and Development, office of public works10
engineering, or, for levees in the coastal area as defined in R.S. 49:214.2(3), the11
Office of Coastal Protection and Restoration, in response to a request to the board12
or commission for a permit or letter of no objection to a levee crossing or a request13
to renew or transfer an existing permit, it shall be incumbent upon and a ministerial14
duty of the executive or administrative officer to issue the requested permit or letter15
of no objection to the crossing, subject to any conditions or stipulations contained16
in the letters received from the United States Army Corps of Engineers and the17
Louisiana Department of Transportation and Development, office of public works18
engineering or, for levees in the coastal area as defined in R.S. 49:214.2(3), the19
Office of Coastal Protection and Restoration. The board or commission may impose20
customary fees, bonds, and other general stipulations. The executive or21
administrative officer shall enforce such permits for levee crossings only to the22
extent of the conditions and stipulations contained in the permit or letter of no23
objection.24
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§301. Construction and maintenance of levees and drainage; care and inspection of1
levees; measure of compensation; right of entry; bicycle paths and walkways2
* * *3
C.4
* * *5
(2)6
* * *7
(c) The amount of compensation due to the owner shall be paid from funds8
appropriated by the legislature by the office of public works engineering of the9
Department of Transportation and Development. The levee board shall immediately10
notify the office of public works of the estimate of the amount of compensation due11
to the owner, the amount of revenues available to the board, and the amount of12
insufficient revenues. Upon such notification, the office of public works shall make13
its own estimate of the monies available to the levee board, and the amount of14
compensation to the owner. If the estimates of the levee board and the office of15
public works differ, the estimates of the office of public works shall be controlling.16
* * *17
§306. General powers and duties of board18
* * *19
C. The board shall examine all of the accounts and operations of the board20
and determine in what manner work shall be undertaken. The board shall also be21
invested with the control of all public levees in the district, with authority to require22
the office of public works engineering of the Department of Transportation and23
Development to lay off, furnish estimates, and perform all engineering work24
necessary to the location, construction, and repairs of levees, reserving, however, the25
right to the parishes in which the levees are located, also to provide funds and to26
construct and repair levees and exercise the powers now conferred to it by law. All27
works shall be advertised in accordance with the provisions of R.S. 38:2211 et seq.,28
to be let out by means of sealed proposals to the lowest responsible bidder, reserving29
to the board authority to reject all bids. In case of emergency as defined in30 HLS 12RS-408 ORIGINAL
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Paragraph (6) of R.S. 38:2211, the board may make contracts for the building and1
repair of and guarding the levees without advertisement or sealed proposals. It shall2
use all means at its command to strengthen, repair, or construct any portion of the3
levees that may demand attention.4
D. The board of commissioners shall cause to be kept an exact and accurate5
statement of the work performed by the authority of the board, giving in detail the6
work done, the levees built or repaired, and all other work done or authorized to be7
done by the board. The board shall keep an accurate account of the finances of the8
levee district and annually cause to be made a statement showing the exact, accurate,9
and true condition of the finances of the district, showing specially the receipts and10
resources thereof in detail, the amount and character of each amount of money or11
assets received, whether in money, bills of exchange, bills receivable, property, or12
other things of value. The account shall show in detail the expenditures made by13
authority of the board, the costs of levees built or repaired, salaries paid, property14
purchased, costs of work done, other incidental expenditures not herein mentioned,15
and any and all expenditures made by authority of the board. It shall show the16
balances on hand, all details of the various money, money fines, or things of value17
at the time of the statement. The statement shall be made in triplicate, one copy of18
which shall be forwarded to the governor, one copy shall be forwarded to the19
legislative auditor, and one copy shall be kept on record in the files and records of20
the board. A representative of the office of public works engineering, or its21
successor, shall attend each regular meeting of the levee board and such other22
meetings if requested by the board, and to report to and advise it as to the location,23
construction, and repairs of all levees in the district. The office of public works24
engineering, or its successor, shall be responsible for locating all levees, furnishing25
estimates and specifications, and performing all engineering work required of them26
by the levee board or levee and drainage board.27
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§307. Orleans Levee District; powers of board of commissioners 1
A.(1) The board of commissioners of the Orleans Levee District shall have and2
exercise all and singular the powers now conferred upon that board by law, as well as3
such powers as are herein granted. The board shall have full and exclusive right,4
jurisdiction, power, and authority to locate, relocate, construct, maintain, extend, and5
improve levees, embankments, seawalls, jetties, breakwaters, water-basins, and other6
works in relation to such projects and to conduct all dredging operations necessary in7
connection therewith or incidental thereto along, over, and on the shores, bottom, and8
bed of Lake Pontchartrain in the parish of Orleans from its western boundary to the9
boundary line separating township 11 south, range 12 east, from township 11 south,10
range 13 east, at a distance not to exceed three miles from the present shore line, as the11
board may determine, and along and on the shores adjacent to the lake and along the12
canals connected therewith. The levees, embankments, seawalls, jetties, breakwaters,13
water basins, and other works shall be of such character and extent and of such height,14
width, slope, design, and material as the board determines, with power and authority15
to improve and to protect the same with such other structures as are deemed necessary16
and proper by the board. All final plans and specifications covering and relating to17
works of a permanent nature shall be submitted to the office of public works18
engineering or its successor for approval as to soundness of engineering practice and19
feasibility, but not as to form, extent of area, or detail and such plans and specifications20
shall be approved by the office of public works engineering prior to their adoption by21
the levee board. 22
(2) The office of public works engineering, or its successor, shall promptly and23
with all possible preference over other work pass upon the plans and specifications so24
submitted to it by the levee board. 25
* * *26
§315. Dedication of artificial waterways as public navigable waterways; approval 27
Wherever there presently exists or may hereafter be created within the28
territorial limits of any levee district or levee and drainage district in the state of29
Louisiana, except in the parish of Orleans, any canal or other artificial waterway30 HLS 12RS-408 ORIGINAL
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created by any levee district or levee and drainage district for the purpose of1
constructing a levee or other public work and where said canal or other artificial2
waterway is navigable in fact and connects with or enters into any lake, river, stream,3
bayou, or other navigable waters, the governing authority of said levee district or levee4
and drainage district shall have the authority, with the approval of the office of public5
works engineering of the Department of Transportation and Development and with the6
concurrence of the U.S. United States district engineer, to dedicate and declare said7
canal or other artificial waterway, in whole or in part, as a waterway subject to the free8
and unrestricted navigation by the public; however, nothing herein shall be construed9
as authorizing the taking of private property, except as now provided by the10
constitution and laws of this state.11
* * *12
§319. Emergency procedures manual 13
Each board of commissioners of each levee district and levee and drainage14
district shall prepare a written procedures manual to be used during periods of15
emergency to facilitate the immediate and orderly actions of each board during an16
emergency. The manual shall initially be completed by December 1, 1985, and shall17
be submitted on or before that date to the office of public works engineering, or its18
successor, and the Joint Legislative Committee on Transportation, Highways and19
Public Works for review. Thereafter, the manual shall be updated every two years and20
resubmitted for review.21
* * * 22
§338. Construction, maintenance, and repairs of levees in Pontchartrain Levee23
District; supervision and control 24
* * * 25
B. Where money has been contributed under the provisions of this Chapter to26
the construction, maintenance, or repair of any levee, the money shall be expended27
solely when not less than a like amount is contributed by the Pontchartrain Levee 28 HLS 12RS-408 ORIGINAL
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District for the similar purpose, and the work shall be done under the supervision and1
control of the office of public works engineering.2
* * * 3
§402. Appropriation of funds raised for levee purposes 4
A. Any levee board or levee and drainage board with the approval of the office5
of public works engineering may appropriate any funds raised under the provisions of6
R.S. 38:401 or any funds now on deposit in the state treasury heretofore raised for the7
purpose of levee work to be done jointly with the Mississippi River Commission under8
the terms of the Act of Congress approved on the first day of March, 1917*. Upon the9
filing with the state auditor and treasurer of the resolution of the levee board or levee10
and drainage board setting forth the appropriation, the amount indicated shall remain11
in the state treasury in a fund for this purpose to be untouched for any purpose, subject12
to being paid out upon the warrant of the Mississippi River Commission according to13
any method it may adopt. The appropriation may be withdrawn from the state treasury14
upon the warrant of the president of any levee board or levee and drainage board15
countersigned by the secretary and approved by the office of public works engineering,16
with the levee board or levee and drainage board's resolution attached thereto, and17
disposed of as the Mississippi River Commission shall deem proper. If the funds are18
to be deposited in any state or federal depository, evidence of that fact shall be19
delivered to the state treasurer within ten days from the time of the withdrawal of the20
fund from the state treasury. 21
* * *22
§491. Authority to borrow money and issue bonds 23
The levee districts and levee and drainage districts of Louisiana under the terms24
of any law which may be enacted by the Congress of the United States may borrow25
money from the United States Government government to be used for the purpose of26
constructing, repairing, or maintaining a levee, levees, drainage, or other works27
designed to protect the territory of the levee districts from the flood waters of the28
Mississippi River, upon terms which the Congress congress may determine, and in29
evidence of the loans, may issue and deliver to the proper federal authorities at par30 HLS 12RS-408 ORIGINAL
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value, negotiable bonds of the levee districts and levee and drainage districts, secured1
by the pledge of revenues and taxes. The bonds shall bear interest as provided in R.S.2
39:1421 et seq., and in terms provide for their repayment, principal, and interest on an3
amortization plan by means of equal annual installments which will liquidate the bonds4
in periods ranging from twenty to forty years. The bonds shall not exceed fifteen5
percent of the total assessed valuation of property subject to levee taxation in any6
district issuing them, including the bond issues of the district heretofore authorized,7
issued, and outstanding. In all cases the loan shall be formally approved by the office8
of public works engineering whose approval shall be expressly written or printed in9
or across each bond. 10
§492. Form of bonds 11
The form of the bonds and interest coupons attached shall be as prescribed by12
the attorney general of the state, and each bond shall expressly show that the form13
thereof has been so prescribed and prepared by the officer whose official signature14
together with the signature of the director of the office of public works engineering and15
the president and secretary of the levee board or levee and drainage board availing16
itself of the provisions of this Subpart shall appear on each bond. The bonds issued17
under this Subpart shall be without prejudice to the bonds heretofore issued by the18
several levee districts and levee and drainage districts under the provisions of existing19
laws.20
* * * 21
§511. Anticipation of revenues for five years; authority to borrow money and issue22
certificates of indebtedness 23
The boards of commissioners of the duly organized levee districts and levee24
and drainage districts, in their discretion, may anticipate, for five years in advance of25
their availability, through the existing processes of law, their annual revenues, by26
borrowing any sums which in their judgment may be required for the needs of the27
district, duly recommended and approved by the office of public works engineering,28
and issuing certificates of indebtedness, upon the terms they may see fit, at rates of29
interest as provided in R.S. 39:1421 et seq., or by issuing refunding certificates of30 HLS 12RS-408 ORIGINAL
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indebtedness for the refunding of any outstanding certificates of indebtedness and to1
secure the certificates by pledge of the revenues of the district for the year or years so2
anticipated.3
* * *4
§2044. General powers and duties of the board 5
The board of commissioners shall have all powers necessary or convenient for6
carrying out its purposes, including but not limited to the following rights and powers:7
* * *8
(5) The board shall be responsible for all major drainage in the district,9
excluding the Red River and its levees, and local drainage along streets, highways, and10
roads and may request the office of public works engineering of the Department of11
Transportation and Development to lay out, furnish estimates, and perform all12
engineering work necessary to the location, construction, and repairs of the drain and13
drainage facilities or may employ an engineer or engineers to perform such services.14
* * *15
§3074. Board of commissioners; appointments; tenure; replacement; compensation16
A. The board of commissioners shall consist of fifteen members who shall be17
appointed and commissioned by the governor. Each appointment by the governor shall18
be submitted to the Senate for confirmation. The following members shall be19
appointed and commissioned within ninety days after the effective date of this Part:20
* * *21
(4) One member, being the assistant secretary or a member of his staff22
designated by him, shall be appointed and shall represent the office of public works23
engineering of the Department of Transportation and Development as well as other24
state institutions which are users of groundwater.25
* * *26
D. The board shall procure replacements for those members whose terms27
expire by the following procedure:28
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(4) Sixty days prior to the expiration of the term of the member representing1
the office of public works engineering of the Department of Transportation and2
Development as well as other state institutions that are users of groundwater, the board3
shall notify the assistant secretary of the office of public works that he shall name a4
nominee for membership.5
* * *6
(9) In case a vacancy occurs more than ninety days prior to the normal7
expiration date, the governor shall appoint and commission a replacement within thirty8
days of its occurrence to fill the unexpired term, such replacement to be the nominee9
of:10
* * *11
(c) The assistant secretary of the office of public works engineering, if the12
vacancy is the member representing the office of public works and other state13
institutions that are users of groundwater.14
* * *15
§3086.24. Powers16
* * *17
H.(1) The board shall have full power and authority to cooperate and contract18
with the United States government, or any of its agencies, the state of Louisiana, or any19
of its departments, agencies, commissions, districts, or other political subdivisions, or20
with any person, firm, partnership, or corporation, with the view of accomplishing the21
construction, maintenance, and operation of pumping facilities and appurtenant22
pipeline facilities, the purpose of which would be to provide fresh water for said Bayou23
Lafourche. In the event that such pumping facilities and appurtenant pipeline facilities24
are constructed, erected, or installed by the state of Louisiana, the office of public25
works engineering of the Department of Transportation and Development, state of26
Louisiana, the board of commissioners for the Lafourche Basin Levee District, the27
board of commissioners for the Atchafalaya Basin Levee District, the board of28
commissioners for the Lafourche Parish Water District No. 1 or other local interests,29
and the board of commissioners for the Bayou Lafourche Freshwater District, or any30 HLS 12RS-408 ORIGINAL
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of them, it shall be the obligation of the board of commissioners for the Bayou1
Lafourche Fresh Water District, and the board is hereby authorized and directed to2
operate and maintain such pumping and pipeline facilities so as to provide an adequate3
supply of fresh water in Bayou Lafourche.4
* * *5
§3306. General powers and duties of the board 6
* * *7
B. The board shall be vested with the control of all public drainage, flood8
control and water resources development, reservoirs, and diversion canals in the9
district. The board shall have the authority in connection with the proposed10
construction of any reservoir to have conducted a comprehensive study to determine11
the economic impact on the parishes of East Feliciana and St. Helena of accompanying12
commercial and residential development and growth. The board shall have the13
authority to require the office of public works engineering to lay out, furnish estimates,14
and perform all engineering work necessary to the establishment of adequate drainage,15
flood control, and water resources development.16
* * * 17
Section 6. R.S. 40:1236.2(C)(4)(a)(v) is hereby amended and reenacted to read as18
follows:19
§1236.2. Air ambulance services; licensure20
* * *21
C. An applicant seeking licensure as an air ambulance service shall:22
* * *23
(4) Submit to and successfully complete an inspection by the department to24
include the following:25
(a) An inspection of all aircraft utilized as air ambulances to ensure that all26
required medical and safety equipment is present and operational. The medical and27
safety equipment shall conform to local protocol as established by the medical director28
of the air ambulance service. The list of required medical and safety equipment shall29 HLS 12RS-408 ORIGINAL
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be established under rules promulgated by the department and shall be based upon the1
recommendations of an advisory committee to be composed of the following persons:2
* * *3
(v) One representative of the Department of Transportation and Development,4
office of public works, hurricane flood protection, and intermodal transportation5
engineering, aviation section.6
* * *7
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)]
St. Germain HB No.
Abstract: Revises the names of certain offices within DOTD. 615
Proposed law renames the office of public works, hurricane flood protection and intermodal
transportation to the office of engineering.
(Amends R.S. 3:2571(A) and 2572, R.S. 30:2199(A), R.S. 33:7556, R.S. 36:508(A), R.S.
38:17, 20, 23, 26(C), 31(2), 32(A) and (B)(intro. para.), 33, 34, 84(B), 90.1(8), 90.4(A)(1)
(intro. para.), (B)(1) and (2)(intro. para.), 90.7, 90.8, 90.12(B), 91, 226, 301(C)(2)(c), 306(C)
and (D), 307(A)(1) and (2), 315, 319, 338(B), 402(A), 491, 492, 511, 2044(5), 3074 (A)(4),
(D)(4) and (9)(c), 3086.24(H)(1), and 3306(B), and R.S. 40:1236.2(C)(4)(a)(v))