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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(A) and (B)(introductory paragraph), 84(B), 90.1(8), 90.4(A)(1)(introductory4
paragraph), (B)(1) and (2)(introductory paragraph), 90.7, 90.8, 90.12(B), 91, 226,5
301(C)(2)(c), 306(C) and (D), 307(A)(1) and (2), 315, 319, 338(B), 402(A), 491,6
492, 511, 2044(5), 3074(A)(4), (D)(4) and (9)(c), 3086.24(H)(1), and 3306(B), and7
R.S. 40:1236.2(C)(4)(a)(v), relative to the Department of Transportation and8
Development; to reassign duties of offices within the Department of Transportation9
and Development; to rename the office of public works, hurricane flood protection10
and intermodal transportation, within the Department of Transportation and11
Development; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 3:2571(A) and 2572 are hereby amended and reenacted to read as14
follows:15
§2571. Livestock allowed on levees; conditions16
A. Horses, mules, cattle, hogs, sheep, or livestock of any description may go17
on the levees, or the space between the base of the levees and the draining ditch at18
any time, except where, in the judgment of the levee commissioners of a district and19 HLS 12RS-408 ENGROSSED
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the office of public works engineering, damage would occur to the levees from1
exposure to wear, tear, and abuse.2
* * *3
§2572. Impounding livestock; sale if not redeemed4
The levee commissioners of a district and the office of public works5
engineering may impound or cause to be impounded any horses, mules, cattle, hogs,6
sheep, or other livestock of any description found violating this Part, and hold them7
impounded until the owner of the livestock shall redeem them by paying the8
expenses of impounding and keeping the stock. In case the stock is not redeemed9
from impoundment within eight days of notification to the owner of the10
impoundment and pending sale, then it shall be the duty of the constable to proceed11
to the place of impounding, and there, without previous advertisement, sell the12
animals thus impounded for cash to the highest bidder, except that in the cases of13
horses and mules, they shall be disposed of as is now provided by law in the several14
parishes for strays.15
Section 2. R.S. 30:2199(A) is hereby amended and reenacted to read as follows:16
§2199. Applications; comments; local government 17
A. The secretary shall furnish a copy of each permit or license application18
to the Department of Wildlife and Fisheries, the office of public works engineering19
within the Department of Transportation and Development, the Department of20
Health and Hospitals, the Department of Justice, and the local governing authorities21
of any municipality and parish within whose territorial jurisdiction the facility or22
activity is or will be located. The permittee shall file with the secretary two extra23
copies of each application, with one copy to be provided to the first intervener and24
the other copy to be used by the office to allow for public access and inspection of25
the application.26
* * *27
Section 3. R.S. 33:7556 is hereby amended and reenacted to read as follows:28 HLS 12RS-408 ENGROSSED
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§7556. Advice and services of office of public works engineering, Department of1
Wildlife and Fisheries, and office of environmental affairs 2
The district and the board of commissioners therefor shall have, with respect3
to all of the powers and functions prescribed by this Chapter, the advice and the4
services of the office of public works engineering of the Department of5
Transportation and Development, the Department of Wildlife and Fisheries, and the6
office of environmental affairs. It shall be the duty of said department and offices7
to make such reports, inspections, and investigations, render such reports, estimates,8
and recommendations and furnish such plans and specifications as the board of9
commissioners for the district may request.10
Section 4. R.S. 36:508(A) is hereby amended and reenacted to read as follows: 11
§508. Office of engineering; functions; chief engineer; powers and duties12
A. There is hereby created within the Department of Transportation and13
Development, the office of engineering, which shall administer engineering matters14
related to the state's highway program with respect to project development, design,15
construction, maintenance, extension, improvement, and regulation of roads,16
highways, expressways, bridges, and related matters, and any other special highway17
engineering program as may be directed by the secretary. The office shall also18
administer the public works functions of the state related to flood and drainage19
control, reclamation, water resources, soil conservation, mapping, disaster relief, and20
related matters, the state's participation in the National Flood Insurance Program, 4221
U.S.C. 4001 et seq., and other special programs as may be directed by the secretary.22
* * *23
Section 5. R.S. 38:17, 20, 23, 26(C), 31(2), 32(A) and (B)(introductory paragraph),24
33, 34(A) and (B)(introductory paragraph), 84(B), 90.1(8), 90.4(A)(1)(introductory25
paragraph), (B)(1) and (2)(introductory paragraph), 90.7, 90.8, 90.12(B), 91, 226,26
301(C)(2)(c), 306(C) and (D), 307(A)(1) and (2), 315, 319, 338(B), 402(A), 491, 492, 511,27
2044(5), 3074(A)(4), (D)(4) and (9)(c), 3086.24(H)(1), and 3306(B) are hereby amended and28
reenacted as follows:29 HLS 12RS-408 ENGROSSED
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§17. Divisions to exercise functions of department; contracts; grants of money;1
reports 2
A. The assistant secretary shall exercise the functions of the office of public3
works engineering, subject to the direction and control of the secretary. 4
B. The assistant secretary may enter into written contracts with the federal5
government or any federal agency, or any political subdivision of the state or private6
individual for the construction, operation, or maintenance of any public works which7
under this Chapter the department may administer and may receive and disburse8
grants of money from the agencies or persons for these purposes. All grants of9
money shall be credited by the treasurer in a special account subject to withdrawal10
only by the assistant secretary of the office of public works engineering. Any11
portion of any grant unexpended at the end of any fiscal year shall remain to the12
credit of the department for expenditure during the succeeding fiscal years. 13
C. A complete and itemized report of the public improvements fund of the14
office of public works engineering of the previous fiscal year's expenditures shall15
be made by October first of each year. The report submitted shall include the source16
of all funds expended on public works projects from the public improvements fund,17
a project description, the location of the project, the amount of funds granted for each18
project, and the date and payee of each disbursement of funds expended on each19
project. The office shall request each recipient of funds from the public20
improvements fund to provide, in detail, a description of the project for which the21
funds were used, a listing of the date and amount of all disbursements of funds, to22
whom each payment was made and for what purpose. If the recipient submits the23
requested information, the office shall include same in the report. If the information24
is not submitted, the office shall make note of such fact in the report. The report25
shall be submitted to the legislative auditor and to the House and Senate Committees26
on Transportation, Highways, and Public Works committees on transportation,27
highways, and public works.28
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§20. Red River Compact Commission membership 1
A. There shall be two members appointed to represent the state of Louisiana2
on the Red River Compact Commission as required by Act No. 71 of the 19783
Regular Session of the Legislature. One member shall be the assistant secretary4
chief engineer of the office of public works engineering of the Department of5
Transportation and Development or his designee and one member shall be appointed6
by the governor, subject to Senate confirmation.7
B. The member of the Red River Compact Commission appointed by the8
governor to represent the state as provided by Article IX of the Red River Compact9
contained in Act No. 71 of the 1978 Regular Session of the Legislature shall be10
entitled to receive a per diem allowance of fifty dollars for each day of a meeting of11
the administration or any of its committees actually attended by such member, to be12
paid out of funds available for the purpose by the office of public works engineering13
of the Department of Transportation and Development, on his own warrant. In14
addition, such member of the administration shall be entitled to be reimbursed for15
expenses actually incurred in attending meetings of the administration or its16
committees, or in the transaction of any business of the administration, to be paid out17
of funds available for that purpose by the office of public works engineering of the18
Department of Transportation and Development.19
* * * 20
§23. Permit or consent required 21
All dams, as herein above described, both federal and non-federal nonfederal22
but excluding the Toledo Bend Dam, shall be under the jurisdiction of the state23
acting through the chief engineer of the Department of Transportation and24
Development, office of public works engineering. The chief engineer, or his25
authorized representative, shall have supervision and overview of the construction,26
modification, operation, and maintenance of the dams to the extent required to27
protect life and property and to provide for the safety and welfare of the public. No28
person, partnership, association, corporation, agency, or political subdivision shall29 HLS 12RS-408 ENGROSSED
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construct any such dam or make, construct, or permit to be made or constructed any1
change in the dam without first obtaining the written consent or permit of the chief2
engineer. No permit is required for routine maintenance.3
* * * 4
§26. Violations; orders of chief engineer; remedial measures; emergency situations;5
designated operation and maintenance 6
* * *7
C. The commission or political subdivision under whose authority the8
following dams are established, is hereby authorized to transfer the maintenance and9
operation thereof to the Department of Transportation and Development, office of10
public works engineering, and the Department of Transportation and Development,11
office of public works, is hereby authorized and directed to operate and maintain the12
dam, water-control structures, gates, spillway, and related appurtenances to the13
extent that it deems necessary to insure ensure that the man-made manmade14
impoundment structure and the attendant water-control devices are functioning to15
design capabilities.16
* * *17
§31. Definitions 18
* * *19
(2) "Office" means the office of public works engineering of the Department20
of Transportation and Development. 21
* * *22
§32. Louisiana Water Resources Program; powers, duties, and functions 23
A. There is hereby established in the office of public works engineering the24
Louisiana Water Resources Program, the purpose of which shall be planning for the25
wise management of Louisiana's water resources on a statewide basis. This purpose26
shall be fulfilled through the implementation of the powers, duties, and functions of27
the office of public works engineering as described in R.S. 38:32(B). 28 HLS 12RS-408 ENGROSSED
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B. The office of public works engineering shall be authorized to engage in1
the following activities: 2
* * *3
§33. Regional planning commissions 4
A. Each of the eight regional planning commissions created throughout the5
state pursuant to the authorization provided in Subparts C and F of Part IV of6
Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950 shall be authorized7
to and shall assist the office of public works engineering in preparation of that8
office's annual report to the governor, the House Committee on Transportation,9
Highways and Public Works, the Senate Committee on Transportation, Highways10
and Public Works, and the Joint Legislative Committee on the Budget regarding11
priorities for project funding in accordance with the requirements of R.S. 38:32. 12
B. Each planning commission shall solicit proposals for project funding from13
local governments and from special districts, boards, and commissions having water14
resources and sewerage responsibilities, which entities are located within the area of15
jurisdiction of the planning commission. Each planning commission shall set a16
deadline for receipt of project proposals, following which it shall rank in order of17
priority those projects needing and deserving of project funding. Each planning18
commission shall establish guidelines acceptable to and approved by the office of19
public works engineering by which to evaluate and rank project proposals. 20
C. Each planning commission shall prepare and submit to the office of public21
works engineering a report setting forth a list of projects recommended for funding.22
Said report shall be submitted to the office at least one hundred twenty days prior to23
the date upon which the office plans to submit its comprehensive list of prioritized24
projects to the governor, the House Committee on Transportation, Highways and25
Public Works and the Senate Committee on Transportation, Highways and Public26
Works, and the Joint Legislative Committee on the Budget. 27 HLS 12RS-408 ENGROSSED
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§34. Project evaluation and ranking 1
A. Upon receipt of reports by the regional planning commissions as required2
by R.S. 38:33, the office of public works engineering shall evaluate them on a3
regional basis and shall rank them in order of priority for funding, according to its4
rules and regulations and consistent with water resource plans and program priorities5
as developed in the office of environmental affairs, where applicable. 6
B. The report by the office of public works engineering shall be submitted7
to the governor, the House Committee on Transportation, Highways and Public8
Works and the Senate Committee on Transportation, Highways and Public Works,9
and the Joint Legislative Committee on the Budget by January 15th fifteenth of each10
calendar year. The report shall include narrative providing the following information11
for each proposal contained in the report:12
* * *13
§84. Parishes and municipalities authorized to comply with federal flood insurance14
act15
* * *16
B. The office of public works, hurricane flood protection, and intermodal17
transportation engineering shall cooperate with the Federal Insurance Administrator18
of the Federal Emergency Management Agency in the planning and carrying out of19
state participation in the National Flood Insurance Program and shall aid, advise, and20
cooperate with parishes and municipalities endeavoring to qualify for participation21
in said program.22
* * *23
§90.1. Definitions24
* * *25
(8) "Office" means the office of public works, hurricane flood protection,26
and intermodal transportation engineering of the Department of Transportation and27
Development.28
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§90.4. Methodology for flood-control project evaluation1
A.(1) Applications for funding of any flood-control projects under the2
Statewide Flood-Control Program may be submitted by any duly authorized3
municipal, parish, or other governing authority. Applications shall be made to the4
office of public works, hurricane flood protection, and intermodal transportation5
engineering by October first of each year, beginning in 1993, for consideration of6
funding in the following fiscal year. Applications submitted in accordance with the7
provisions of this Chapter shall not be subject to the provisions of R.S. 39:101.8
Sponsoring authorities with a population of fifty thousand persons or more shall be9
responsible for the preparation of applications for their respective projects. For10
sponsoring authorities with a population of less than fifty thousand persons, the11
office shall prepare the applications for the projects, or the sponsoring authority may12
prepare its application in the event the office cannot accomplish required engineering13
services in a timely manner. Information to be provided in the application shall14
include but not be limited to the following:15
* * *16
B.(1) Applications shall be reviewed by the office of public works, hurricane17
flood protection, and intermodal transportation engineering, the Louisiana18
Geological Survey, the division of administration, the office of engineering, United19
States Soil Conservation Service, and any other appropriate state agencies.20
(2) Projects shall then be systematically evaluated by a flood control project21
evaluation committee consisting of the assistant secretary of the office of public22
works, hurricane flood protection, and intermodal transportation engineering, the23
director of the Louisiana Geological Survey, and the commissioner of the division24
of administration, or their designated representatives. The assistant secretary of the25
office of public works, hurricane flood protection, and intermodal transportation26
engineering shall chair the evaluation committee and the office of public works,27
hurricane flood protection, and intermodal transportation shall provide staff support28
for the program. The following criteria may be considered in the evaluation:29
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§90.7. Deletion, addition, or substitution of projects by office of public works,1
hurricane flood protection, and intermodal transportation engineering;2
progress reports required3
After adoption of the committee's recommendations by the legislature, the4
approved list of projects shall be forwarded to the office of public works, hurricane5
flood protection, and intermodal transportation engineering for implementation6
subject to limitation of allocated funds. The office shall not delete, add, or substitute7
any projects for those approved by the legislature; however, the secretary of the8
department may, at his discretion, authorize projects to be undertaken and financed9
due to an emergency out of the secretary's emergency fund. At least semiannually10
or more often, as required by the committee, the office shall summarize the progress11
to date on all projects previously approved and shall submit a recapitulation of all12
emergency projects for the preceding six-month period, outlining the nature of the13
emergency and the cost of each project.14
§90.8. Notification to proper authority of project status by office of public works,15
hurricane flood protection, and intermodal transportation engineering16
After receipt of the list of projects adopted by the legislature, the office shall17
determine if each project lies solely within the jurisdiction of one authority or is18
partially located within other authorities. The office shall notify each authority19
affected by the projects in the plan of the status of each project.20
* * *21
§90.12. Certification of recipient authority; federal matching projects; exceptions;22
reimbursement for project construction23
* * *24
B. The recipient authority shall submit its share of project construction funds25
prior to the awarding of a contract in all instances in which the office of public26
works, hurricane flood protection, and intermodal transportation engineering is27
performing the contract operation and administration.28
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§91. Creation of the Louisiana Water Resources Information Center1
A. The Department of Transportation and Development, office of public2
works, hurricane flood protection, and intermodal transportation engineering, is3
hereby directed to establish and create a Louisiana Water Resources Information4
Center to be administered by and housed in the office of public works, hurricane5
flood protection, and intermodal transportation engineering and to implement an6
indexing and data accessing system that will contain, in part, all information past,7
present, and future for water and water-related resource data so collected by federal,8
state, and local agencies in the state of Louisiana.9
B. The Louisiana Water Resources Information Center, within the10
Department of Transportation and Development, office of public works, hurricane11
flood protection, and intermodal transportation engineering, shall promulgate rules12
necessary to develop a program that will index or access all water-related resources13
data from the various host federal, state, and local agencies so as to serve as a central14
access point for all Louisiana water data, making said data more available, thereby15
reducing duplication of collection of said water data and increasing its use.16
* * *17
§226. Permits for levee crossings18
If an appointed board or commission having jurisdiction over levees receives19
letters of no objection from the United States Army Corps of Engineers and the20
Louisiana Department of Transportation and Development, office of public works21
engineering, or, for levees in the coastal area as defined in R.S. 49:214.2(3), the22
Office of Coastal Protection and Restoration, in response to a request to the board23
or commission for a permit or letter of no objection to a levee crossing or a request24
to renew or transfer an existing permit, it shall be incumbent upon and a ministerial25
duty of the executive or administrative officer to issue the requested permit or letter26
of no objection to the crossing, subject to any conditions or stipulations contained27
in the letters received from the United States Army Corps of Engineers and the28
Louisiana Department of Transportation and Development, office of public works29
engineering or, for levees in the coastal area as defined in R.S. 49:214.2(3), the30 HLS 12RS-408 ENGROSSED
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Office of Coastal Protection and Restoration. The board or commission may impose1
customary fees, bonds, and other general stipulations. The executive or2
administrative officer shall enforce such permits for levee crossings only to the3
extent of the conditions and stipulations contained in the permit or letter of no4
objection.5
* * *6
§301. Construction and maintenance of levees and drainage; care and inspection of7
levees; measure of compensation; right of entry; bicycle paths and walkways8
* * *9
C.10
* * *11
(2)12
* * *13
(c) The amount of compensation due to the owner shall be paid from funds14
appropriated by the legislature by the office of public works of the The amount of15
compensation due to the owner shall be paid, from funds appropriated by the16
legislature, by the Department of Transportation and Development. The levee board17
shall immediately notify the office of public works of the estimate of the amount of18
compensation due to the owner, the amount of revenues available to the board, and19
the amount of insufficient revenues. Upon such notification, the office of public20
works shall make its own estimate of the monies available to the levee board, and the21
amount of compensation to the owner. If the estimates of the levee board and the22
office of public works differ, the estimates of the office of public works shall be23
controlling.24
* * *25
§306. General powers and duties of board26
* * *27
C. The board shall examine all of the accounts and operations of the board28
and determine in what manner work shall be undertaken. The board shall also be29
invested with the control of all public levees in the district, with authority to require30 HLS 12RS-408 ENGROSSED
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the office of public works of the Department of Transportation and Development to1
lay off, furnish estimates, and perform all engineering work necessary to the2
location, construction, and repairs of levees, reserving, however, the right to the3
parishes in which the levees are located, also to provide funds and to construct and4
repair levees and exercise the powers now conferred to it by law. All works shall be5
advertised in accordance with the provisions of R.S. 38:2211 et seq., to be let out by6
means of sealed proposals to the lowest responsible bidder, reserving to the board7
authority to reject all bids. In case of emergency as defined in Paragraph (6) of R.S.8
38:2211, the board may make contracts for the building and repair of and guarding9
the levees without advertisement or sealed proposals. It shall use all means at its10
command to strengthen, repair, or construct any portion of the levees that may11
demand attention.12
D. The board of commissioners shall cause to be kept an exact and accurate13
statement of the work performed by the authority of the board, giving in detail the14
work done, the levees built or repaired, and all other work done or authorized to be15
done by the board. The board shall keep an accurate account of the finances of the16
levee district and annually cause to be made a statement showing the exact, accurate,17
and true condition of the finances of the district, showing specially the receipts and18
resources thereof in detail, the amount and character of each amount of money or19
assets received, whether in money, bills of exchange, bills receivable, property, or20
other things of value. The account shall show in detail the expenditures made by21
authority of the board, the costs of levees built or repaired, salaries paid, property22
purchased, costs of work done, other incidental expenditures not herein mentioned,23
and any and all expenditures made by authority of the board. It shall show the24
balances on hand, all details of the various money, money fines, or things of value25
at the time of the statement. The statement shall be made in triplicate, one copy of26
which shall be forwarded to the governor, one copy shall be forwarded to the27
legislative auditor, and one copy shall be kept on record in the files and records of28
the board. A representative of the office of public works, or its successor, of the29
Department of Transportation and Development shall attend each regular meeting30 HLS 12RS-408 ENGROSSED
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of the levee board and such other meetings if requested by the board, and to report1
to and advise it as to the location, construction, and repairs of all levees in the2
district. The office of public works, or its successor, The Department of3
Transportation and Development shall be responsible for locating all levees,4
furnishing estimates and specifications, and performing all engineering work5
required of them by the levee board or levee and drainage board.6
* * *7
§307. Orleans Levee District; powers of board of commissioners 8
A.(1) The board of commissioners of the Orleans Levee District shall have9
and exercise all and singular the powers now conferred upon that board by law, as10
well as such powers as are herein granted. The board shall have full and exclusive11
right, jurisdiction, power, and authority to locate, relocate, construct, maintain,12
extend, and improve levees, embankments, seawalls, jetties, breakwaters, water-13
basins water basins, and other works in relation to such projects and to conduct all14
dredging operations necessary in connection therewith or incidental thereto along,15
over, and on the shores, bottom, and bed of Lake Pontchartrain in the parish of16
Orleans from its western boundary to the boundary line separating township 1117
south, range 12 east, from township 11 south, range 13 east, at a distance not to18
exceed three miles from the present shore line, as the board may determine, and19
along and on the shores adjacent to the lake and along the canals connected20
therewith. The levees, embankments, seawalls, jetties, breakwaters, water basins,21
and other works shall be of such character and extent and of such height, width,22
slope, design, and material as the board determines, with power and authority to23
improve and to protect the same with such other structures as are deemed necessary24
and proper by the board. All final plans and specifications covering and relating to25
works of a permanent nature shall be submitted to the office of public works26
engineering or its successor for approval as to soundness of engineering practice and27
feasibility, but not as to form, extent of area, or detail and such plans and28
specifications shall be approved by the office of public works engineering prior to29
their adoption by the levee board. 30 HLS 12RS-408 ENGROSSED
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(2) The office of public works engineering, or its successor, shall promptly1
and with all possible preference over other work pass upon the plans and2
specifications so submitted to it by the levee board. 3
* * *4
§315. Dedication of artificial waterways as public navigable waterways; approval5
Wherever there presently exists or may hereafter be created within the6
territorial limits of any levee district or levee and drainage district in the state of7
Louisiana, except in the parish of Orleans, any canal or other artificial waterway8
created by any levee district or levee and drainage district for the purpose of9
constructing a levee or other public work and where said canal or other artificial10
waterway is navigable in fact and connects with or enters into any lake, river, stream,11
bayou, or other navigable waters, the governing authority of said levee district or12
levee and drainage district shall have the authority, with the approval of the office13
of public works engineering of the Department of Transportation and Development14
and with the concurrence of the U.S. United States district engineer, to dedicate and15
declare said canal or other artificial waterway, in whole or in part, as a waterway16
subject to the free and unrestricted navigation by the public; however, nothing herein17
shall be construed as authorizing the taking of private property, except as now18
provided by the constitution and laws of this state.19
* * *20
§319. Emergency procedures manual 21
Each board of commissioners of each levee district and levee and drainage22
district shall prepare a written procedures manual to be used during periods of23
emergency to facilitate the immediate and orderly actions of each board during an24
emergency. The manual shall initially be completed by December 1, 1985, and shall25
be submitted on or before that date to the office of public works engineering, or its26
successor, and the Joint Legislative Committee on Transportation, Highways and27
Public Works for review. Thereafter, the manual shall be updated every two years28
and resubmitted for review.29
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§338. Construction, maintenance, and repairs of levees in Pontchartrain Levee1
District; supervision and control 2
* * * 3
B. Where money has been contributed under the provisions of this Chapter4
to the construction, maintenance, or repair of any levee, the money shall be expended5
solely when not less than a like amount is contributed by the Pontchartrain Levee6
District for the similar purpose, and the work shall be done under the supervision and7
control of the office of public works engineering.8
* * * 9
§402. Appropriation of funds raised for levee purposes 10
A. Any levee board or levee and drainage board with the approval of the11
office of public works engineering may appropriate any funds raised under the12
provisions of R.S. 38:401 or any funds now on deposit in the state treasury13
heretofore raised for the purpose of levee work to be done jointly with the14
Mississippi River Commission under the terms of the Act of Congress approved on15
the first day of March, 1917*. Upon the filing with the state auditor and treasurer of16
the resolution of the levee board or levee and drainage board setting forth the17
appropriation, the amount indicated shall remain in the state treasury in a fund for18
this purpose to be untouched for any purpose, subject to being paid out upon the19
warrant of the Mississippi River Commission according to any method it may adopt.20
The appropriation may be withdrawn from the state treasury upon the warrant of the21
president of any levee board or levee and drainage board countersigned by the22
secretary and approved by the office of public works engineering, with the levee23
board or levee and drainage board's resolution attached thereto, and disposed of as24
the Mississippi River Commission shall deem proper. If the funds are to be25
deposited in any state or federal depository, evidence of that fact shall be delivered26
to the state treasurer within ten days from the time of the withdrawal of the fund27
from the state treasury.28
* * *29 HLS 12RS-408 ENGROSSED
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§491. Authority to borrow money and issue bonds 1
The levee districts and levee and drainage districts of Louisiana under the2
terms of any law which may be enacted by the Congress of the United States may3
borrow money from the United States Government government to be used for the4
purpose of constructing, repairing, or maintaining a levee, levees, drainage, or other5
works designed to protect the territory of the levee districts from the flood waters of6
the Mississippi River, upon terms which the Congress congress may determine, and7
in evidence of the loans, may issue and deliver to the proper federal authorities at par8
value, negotiable bonds of the levee districts and levee and drainage districts, secured9
by the pledge of revenues and taxes. The bonds shall bear interest as provided in10
R.S. 39:1421 et seq., and in terms provide for their repayment, principal, and interest11
on an amortization plan by means of equal annual installments which will liquidate12
the bonds in periods ranging from twenty to forty years. The bonds shall not exceed13
fifteen percent of the total assessed valuation of property subject to levee taxation in14
any district issuing them, including the bond issues of the district heretofore15
authorized, issued, and outstanding. In all cases the loan shall be formally approved16
by the office of public works engineering whose approval shall be expressly written17
or printed in or across each bond.18
§492. Form of bonds19
The form of the bonds and interest coupons attached shall be as prescribed20
by the attorney general of the state, and each bond shall expressly show that the form21
thereof has been so prescribed and prepared by the officer whose official signature22
together with the signature of the director of the office of public works and chief23
engineer of the office of engineering and the president and secretary of the levee24
board or levee and drainage board availing itself of the provisions of this Subpart25
shall appear on each bond. The bonds issued under this Subpart shall be without26
prejudice to the bonds heretofore issued by the several levee districts and levee and27
drainage districts under the provisions of existing laws.28
* * * 29 HLS 12RS-408 ENGROSSED
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§511. Anticipation of revenues for five years; authority to borrow money and issue1
certificates of indebtedness 2
The boards of commissioners of the duly organized levee districts and levee3
and drainage districts, in their discretion, may anticipate, for five years in advance4
of their availability, through the existing processes of law, their annual revenues, by5
borrowing any sums which in their judgment may be required for the needs of the6
district, duly recommended and approved by the office of public works engineering,7
and issuing certificates of indebtedness, upon the terms they may see fit, at rates of8
interest as provided in R.S. 39:1421 et seq., or by issuing refunding certificates of9
indebtedness for the refunding of any outstanding certificates of indebtedness and10
to secure the certificates by pledge of the revenues of the district for the year or years11
so anticipated.12
* * *13
§2044. General powers and duties of the board 14
The board of commissioners shall have all powers necessary or convenient15
for carrying out its purposes, including but not limited to the following rights and16
powers: 17
* * *18
(5) The board shall be responsible for all major drainage in the district,19
excluding the Red River and its levees, and local drainage along streets, highways,20
and roads and may request the office of public works engineering of the Department21
of Transportation and Development to lay out, furnish estimates, and perform all22
engineering work necessary to the location, construction, and repairs of the drain and23
drainage facilities or may employ an engineer or engineers to perform such services.24
* * *25
§3074. Board of commissioners; appointments; tenure; replacement; compensation26
A. The board of commissioners shall consist of fifteen members who shall27
be appointed and commissioned by the governor. Each appointment by the governor28 HLS 12RS-408 ENGROSSED
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shall be submitted to the Senate for confirmation. The following members shall be1
appointed and commissioned within ninety days after the effective date of this Part:2
* * *3
(4) One member, being the assistant secretary chief engineer or a member4
of his staff designated by him, shall be appointed and shall represent the office of5
public works engineering of the Department of Transportation and Development as6
well as other state institutions which are users of groundwater.7
* * *8
D. The board shall procure replacements for those members whose terms9
expire by the following procedure:10
* * *11
(4) Sixty days prior to the expiration of the term of the member representing12
the office of public works engineering of the Department of Transportation and13
Development as well as other state institutions that are users of groundwater, the14
board shall notify the assistant secretary of the office of public works that he shall15
name a nominee for membership.16
* * *17
(9) In case a vacancy occurs more than ninety days prior to the normal18
expiration date, the governor shall appoint and commission a replacement within19
thirty days of its occurrence to fill the unexpired term, such replacement to be the20
nominee of:21
* * *22
(c) The assistant secretary of the office of public works if the The chief23
engineer of the Department of Transportation and Development, if the vacancy is the24
member representing the office of public works engineering and other state25
institutions that are users of groundwater.26
* * *27
§3086.24. Powers28
* * *29 HLS 12RS-408 ENGROSSED
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H.(1) The board shall have full power and authority to cooperate and1
contract with the United States government, or any of its agencies, the state of2
Louisiana, or any of its departments, agencies, commissions, districts, or other3
political subdivisions, or with any person, firm, partnership, or corporation, with the4
view of accomplishing the construction, maintenance, and operation of pumping5
facilities and appurtenant pipeline facilities, the purpose of which would be to6
provide fresh water for said Bayou Lafourche. In the event that such pumping7
facilities and appurtenant pipeline facilities are constructed, erected, or installed by8
the state of Louisiana, the office of public works engineering of the Department of9
Transportation and Development, state of Louisiana, the board of commissioners for10
the Lafourche Basin Levee District, the board of commissioners for the Atchafalaya11
Basin Levee District, the board of commissioners for the Lafourche Parish Water12
District No. 1 or other local interests, and the board of commissioners for the Bayou13
Lafourche Freshwater District, or any of them, it shall be the obligation of the board14
of commissioners for the Bayou Lafourche Fresh Water District, and the board is15
hereby authorized and directed to operate and maintain such pumping and pipeline16
facilities so as to provide an adequate supply of fresh water in Bayou Lafourche.17
* * *18
§3306. General powers and duties of the board 19
* * *20
B. The board shall be vested with the control of all public drainage, flood21
control and water resources development, reservoirs, and diversion canals in the22
district. The board shall have the authority in connection with the proposed23
construction of any reservoir to have conducted a comprehensive study to determine24
the economic impact on the parishes of East Feliciana and St. Helena of25
accompanying commercial and residential development and growth. The board shall26
have the authority to require the office of public works engineering to lay out,27
furnish estimates, and perform all engineering work necessary to the establishment28
of adequate drainage, flood control, and water resources development.29
* * * 30 HLS 12RS-408 ENGROSSED
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Section 6. R.S. 40:1236.2(C)(4)(a)(v) is hereby amended and reenacted to read as1
follows:2
§1236.2. Air ambulance services; licensure3
* * *4
C. An applicant seeking licensure as an air ambulance service shall:5
* * *6
(4) Submit to and successfully complete an inspection by the department to7
include the following:8
(a) An inspection of all aircraft utilized as air ambulances to ensure that all9
required medical and safety equipment is present and operational. The medical and10
safety equipment shall conform to local protocol as established by the medical11
director of the air ambulance service. The list of required medical and safety12
equipment shall be established under rules promulgated by the department and shall13
be based upon the recommendations of an advisory committee to be composed of the14
following persons:15
* * *16
(v) One representative of the Department of Transportation and17
Development, office of public works, hurricane flood protection, and intermodal18
transportation engineering, aviation section.19
* * *20 HLS 12RS-408 ENGROSSED
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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. 615
Abstract: Revises the names of certain offices within DOTD.
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(A) and (B)(intro. para.),
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))