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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 REENGROSSED
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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 HLS 12RS-408 REENGROSSED
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Section 3. R.S. 33:7556 is hereby amended and reenacted to read as follows:1
§7556. Advice and services of office of public works engineering, Department of2
Wildlife and Fisheries, and office of environmental affairs 3
The district and the board of commissioners therefor shall have, with respect4
to all of the powers and functions prescribed by this Chapter, the advice and the5
services of the office of public works engineering of the Department of6
Transportation and Development, the Department of Wildlife and Fisheries, and the7
office of environmental affairs. It shall be the duty of said the department and8
offices to make such reports, inspections, and investigations, render such reports,9
estimates, and recommendations and furnish such plans and specifications as the10
board of commissioners for the district may request.11
Section 4. R.S. 36:508(A) is hereby amended and reenacted to read as follows: 12
§508. Office of engineering; functions; chief engineer; powers and duties13
A. There is hereby created within the Department of Transportation and14
Development, the office of engineering, which shall administer engineering matters15
related to the state's highway program with respect to project development, design,16
construction, maintenance, extension, improvement, and regulation of roads,17
highways, expressways, bridges, and related matters, and any other special highway18
engineering program as may be directed by the secretary. The office shall also19
administer the public works functions of the state related to flood and drainage20
control, reclamation, water resources, soil conservation, mapping, disaster relief, and21
related matters, the state's participation in the National Flood Insurance Program, 4222
U.S.C. 4001 et seq., and other special programs as may be directed by the secretary.23
* * *24
Section 5. R.S. 38:17, 20, 23, 26(C), 31(2), 32(A) and (B)(introductory paragraph),25
33, 34(A) and (B)(introductory paragraph), 84(B), 90.1(8), 90.4(A)(1)(introductory26
paragraph), (B)(1) and (2)(introductory paragraph), 90.7, 90.8, 90.12(B), 91, 226,27
301(C)(2)(c), 306(C) and (D), 307(A)(1) and (2), 315, 319, 338(B), 402(A), 491, 492, 511,28 HLS 12RS-408 REENGROSSED
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2044(5), 3074(A)(4), (D)(4) and (9)(c), 3086.24(H)(1), and 3306(B) are hereby amended and1
reenacted as follows:2
§17. Divisions to exercise functions of department; contracts; grants of money;3
reports 4
A. The assistant secretary shall exercise the functions of the office of public5
works engineering, subject to the direction and control of the secretary. 6
B. The assistant secretary may enter into written contracts with the federal7
government or any federal agency, or any political subdivision of the state or private8
individual for the construction, operation, or maintenance of any public works which9
under this Chapter the department may administer and may receive and disburse10
grants of money from the agencies or persons for these purposes. All grants of11
money shall be credited by the treasurer in a special account subject to withdrawal12
only by the assistant secretary of the office of public works engineering. Any13
portion of any grant unexpended at the end of any fiscal year shall remain to the14
credit of the department for expenditure during the succeeding fiscal years. 15
C. A complete and itemized report of the public improvements fund of the16
office of public works engineering of the previous fiscal year's expenditures shall17
be made by October first of each year. The report submitted shall include the source18
of all funds expended on public works projects from the public improvements fund,19
a project description, the location of the project, the amount of funds granted for each20
project, and the date and payee of each disbursement of funds expended on each21
project. The office shall request each recipient of funds from the public22
improvements fund to provide, in detail, a description of the project for which the23
funds were used, a listing of the date and amount of all disbursements of funds, to24
whom each payment was made and for what purpose. If the recipient submits the25
requested information, the office shall include same in the report. If the information26
is not submitted, the office shall make note of such fact in the report. The report27
shall be submitted to the legislative auditor and to the House and Senate Committees28 HLS 12RS-408 REENGROSSED
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on Transportation, Highways, and Public Works committees on transportation,1
highways, and public works.2
* * * 3
§20. Red River Compact Commission membership 4
A. There shall be two members appointed to represent the state of Louisiana5
on the Red River Compact Commission as required by Act No. 71 of the 19786
Regular Session of the Legislature. One member shall be the assistant secretary7
chief engineer of the office of public works engineering of the Department of8
Transportation and Development or his designee and one member shall be appointed9
by the governor, subject to Senate confirmation.10
B. The member of the Red River Compact Commission appointed by the11
governor to represent the state as provided by Article IX of the Red River Compact12
contained in Act No. 71 of the 1978 Regular Session of the Legislature shall be13
entitled to receive a per diem allowance of fifty dollars for each day of a meeting of14
the administration or any of its committees actually attended by such member, to be15
paid out of funds available for the purpose by the office of public works engineering16
of the Department of Transportation and Development, on his own warrant. In17
addition, such member of the administration shall be entitled to be reimbursed for18
expenses actually incurred in attending meetings of the administration or its19
committees, or in the transaction of any business of the administration, to be paid out20
of funds available for that purpose by the office of public works engineering of the21
Department of Transportation and Development.22
* * * 23
§23. Permit or consent required 24
All dams, as herein above described, both federal and non-federal nonfederal25
but excluding the Toledo Bend Dam, shall be under the jurisdiction of the state26
acting through the chief engineer of the Department of Transportation and27
Development, office of public works engineering. The chief engineer, or his28
authorized representative, shall have supervision and overview of the construction,29 HLS 12RS-408 REENGROSSED
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modification, operation, and maintenance of the dams to the extent required to1
protect life and property and to provide for the safety and welfare of the public. No2
person, partnership, association, corporation, agency, or political subdivision shall3
construct any such dam or make, construct, or permit to be made or constructed any4
change in the dam without first obtaining the written consent or permit of the chief5
engineer. No permit is required for routine maintenance.6
* * * 7
§26. Violations; orders of chief engineer; remedial measures; emergency situations;8
designated operation and maintenance 9
* * *10
C. The commission or political subdivision under whose authority the11
following dams are established, is hereby authorized to transfer the maintenance and12
operation thereof to the Department of Transportation and Development, office of13
public works engineering, and the Department of Transportation and Development,14
office of public works engineering, is hereby authorized and directed to operate and15
maintain the dam, water-control structures, gates, spillway, and related16
appurtenances to the extent that it deems necessary to insure ensure that the man-17
made manmade impoundment structure and the attendant water-control devices are18
functioning to design capabilities.19
* * *20
§31. Definitions 21
* * *22
(2) "Office" means the office of public works engineering of the Department23
of Transportation and Development. 24
* * *25
§32. Louisiana Water Resources Program; powers, duties, and functions 26
A. There is hereby established in the office of public works engineering the27
Louisiana Water Resources Program, the purpose of which shall be planning for the28
wise management of Louisiana's water resources on a statewide basis. This purpose29 HLS 12RS-408 REENGROSSED
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shall be fulfilled through the implementation of the powers, duties, and functions of1
the office of public works engineering as described in R.S. 38:32(B) Subsection B2
of this Section. 3
B. The office of public works engineering shall be authorized to engage in4
the following activities: 5
* * *6
§33. Regional planning commissions 7
A. Each of the eight regional planning commissions created throughout the8
state pursuant to the authorization provided in Subparts C and F of Part IV of9
Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950 shall be authorized10
to and shall assist the office of public works engineering in preparation of that11
office's annual report to the governor, the House Committee on Transportation,12
Highways and Public Works, the Senate Committee on Transportation, Highways13
and Public Works, and the Joint Legislative Committee on the Budget regarding14
priorities for project funding in accordance with the requirements of R.S. 38:32. 15
B. Each planning commission shall solicit proposals for project funding from16
local governments and from special districts, boards, and commissions having water17
resources and sewerage responsibilities, which entities are located within the area of18
jurisdiction of the planning commission. Each planning commission shall set a19
deadline for receipt of project proposals, following which it shall rank in order of20
priority those projects needing and deserving of project funding. Each planning21
commission shall establish guidelines acceptable to and approved by the office of22
public works engineering by which to evaluate and rank project proposals. 23
C. Each planning commission shall prepare and submit to the office of public24
works engineering a report setting forth a list of projects recommended for funding.25
Said report shall be submitted to the office at least one hundred twenty days prior to26
the date upon which the office plans to submit its comprehensive list of prioritized27
projects to the governor, the House Committee on Transportation, Highways and28 HLS 12RS-408 REENGROSSED
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Public Works and the Senate Committee on Transportation, Highways and Public1
Works, and the Joint Legislative Committee on the Budget. 2
§34. Project evaluation and ranking 3
A. Upon receipt of reports by the regional planning commissions as required4
by R.S. 38:33, the office of public works engineering shall evaluate them on a5
regional basis and shall rank them in order of priority for funding, according to its6
rules and regulations and consistent with water resource plans and program priorities7
as developed in the office of environmental affairs, where applicable. 8
B. The report by the office of public works engineering shall be submitted9
to the governor, the House Committee on Transportation, Highways and Public10
Works and the Senate Committee on Transportation, Highways and Public Works,11
and the Joint Legislative Committee on the Budget by January 15th fifteenth of each12
calendar year. The report shall include narrative providing the following information13
for each proposal contained in the report:14
* * *15
§84. Parishes and municipalities authorized to comply with federal flood insurance16
act17
* * *18
B. The office of public works, hurricane flood protection, and intermodal19
transportation engineering shall cooperate with the Federal Insurance Administrator20
of the Federal Emergency Management Agency in the planning and carrying out of21
state participation in the National Flood Insurance Program and shall aid, advise, and22
cooperate with parishes and municipalities endeavoring to qualify for participation23
in said program.24
* * *25
§90.1. Definitions26
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(8) "Office" means the office of public works, hurricane flood protection,1
and intermodal transportation engineering of the Department of Transportation and2
Development.3
* * *4
§90.4. Methodology for flood-control project evaluation5
A.(1) Applications for funding of any flood-control projects under the6
Statewide Flood-Control Flood Control Program may be submitted by any duly7
authorized municipal, parish, or other governing authority. Applications shall be8
made to the office of public works, hurricane flood protection, and intermodal9
transportation engineering by October first of each year, beginning in 1993, for10
consideration of funding in the following fiscal year. Applications submitted in11
accordance with the provisions of this Chapter shall not be subject to the provisions12
of R.S. 39:101. Sponsoring authorities with a population of fifty thousand persons13
or more shall be responsible for the preparation of applications for their respective14
projects. For sponsoring authorities with a population of less than fifty thousand15
persons, the office shall prepare the applications for the projects, or the sponsoring16
authority may prepare its application in the event the office cannot accomplish17
required engineering services in a timely manner. Information to be provided in the18
application shall include but not be limited to the following:19
* * *20
B.(1) Applications shall be reviewed by the office of public works, hurricane21
flood protection, and intermodal transportation engineering, the Louisiana22
Geological Survey, the division of administration, the office of engineering, United23
States Soil Conservation Service, and any other appropriate state agencies.24
(2) Projects shall then be systematically evaluated by a flood control project25
evaluation committee consisting of the assistant secretary of the office of public26
works, hurricane flood protection, and intermodal transportation engineering, the27
director of the Louisiana Geological Survey, and the commissioner of the division28
of administration, or their designated representatives. The assistant secretary of the29
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engineering shall chair the evaluation committee and the office of public works,1
hurricane flood protection, and intermodal transportation engineering shall provide2
staff support for the program. The following criteria may be considered in the3
evaluation:4
* * *5
§90.7. Deletion, addition, or substitution of projects by office of public works,6
hurricane flood protection, and intermodal transportation engineering;7
progress reports required8
After adoption of the committee's recommendations by the legislature, the9
approved list of projects shall be forwarded to the office of public works, hurricane10
flood protection, and intermodal transportation engineering for implementation11
subject to limitation of allocated funds. The office shall not delete, add, or substitute12
any projects for those approved by the legislature; however, the secretary of the13
department may, at his discretion, authorize projects to be undertaken and financed14
due to an emergency out of the secretary's emergency fund. At least semiannually15
or more often, as required by the committee, the office shall summarize the progress16
to date on all projects previously approved and shall submit a recapitulation of all17
emergency projects for the preceding six-month period, outlining the nature of the18
emergency and the cost of each project.19
§90.8. Notification to proper authority of project status by office of public works,20
hurricane flood protection, and intermodal transportation engineering21
After receipt of the list of projects adopted by the legislature, the office shall22
determine if each project lies solely within the jurisdiction of one authority or is23
partially located within other authorities. The office shall notify each authority24
affected by the projects in the plan of the status of each project.25
* * *26
§90.12. Certification of recipient authority; federal matching projects; exceptions;27
reimbursement for project construction28
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B. The recipient authority shall submit its share of project construction funds1
prior to the awarding of a contract in all instances in which the office of public2
works, hurricane flood protection, and intermodal transportation engineering is3
performing the contract operation and administration.4
* * *5
§91. Creation of the Louisiana Water Resources Information Center6
A. The Department of Transportation and Development, office of public7
works, hurricane flood protection, and intermodal transportation engineering, is8
hereby directed to establish and create a Louisiana Water Resources Information9
Center to be administered by and housed in the office of public works, hurricane10
flood protection, and intermodal transportation engineering and to implement an11
indexing and data accessing system that will contain, in part, all information past,12
present, and future for water and water-related resource data so collected by federal,13
state, and local agencies in the state of Louisiana.14
B. The Louisiana Water Resources Information Center, within the15
Department of Transportation and Development, office of public works, hurricane16
flood protection, and intermodal transportation engineering, shall promulgate rules17
necessary to develop a program that will index or access all water-related resources18
data from the various host federal, state, and local agencies so as to serve as a central19
access point for all Louisiana water data, making said data more available, thereby20
reducing duplication of collection of said water data and increasing its use.21
* * *22
§226. Permits for levee crossings23
If an appointed board or commission having jurisdiction over levees receives24
letters of no objection from the United States Army Corps of Engineers and the25
Louisiana Department of Transportation and Development, office of public works26
engineering, or, for levees in the coastal area as defined in R.S. 49:214.2(3), the27
Office of Coastal Protection and Restoration, in response to a request to the board28
or commission for a permit or letter of no objection to a levee crossing or a request29
to renew or transfer an existing permit, it shall be incumbent upon and a ministerial30 HLS 12RS-408 REENGROSSED
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duty of the executive or administrative officer to issue the requested permit or letter1
of no objection to the crossing, subject to any conditions or stipulations contained2
in the letters received from the United States Army Corps of Engineers and the3
Louisiana Department of Transportation and Development, office of public works4
engineering, or for levees in the coastal area as defined in R.S. 49:214.2(3), the5
Office of Coastal Protection and Restoration. The board or commission may impose6
customary fees, bonds, and other general stipulations. The executive or7
administrative officer shall enforce such permits for levee crossings only to the8
extent of the conditions and stipulations contained in the permit or letter of no9
objection.10
* * *11
§301. Construction and maintenance of levees and drainage; care and inspection of12
levees; measure of compensation; right of entry; bicycle paths and walkways13
* * *14
C.15
* * *16
(2)17
* * *18
(c) The amount of compensation due to the owner shall be paid from funds19
appropriated by the legislature by the office of public works of the The amount of20
compensation due to the owner shall be paid, from funds appropriated by the21
legislature, by the office of engineering of the Department of Transportation and22
Development. The levee board shall immediately notify the office of public works23
engineering of the estimate of the amount of compensation due to the owner, the24
amount of revenues available to the board, and the amount of insufficient revenues.25
Upon such notification, the office of public works engineering shall make its own26
estimate of the monies available to the levee board, and the amount of compensation27
to the owner. If the estimates of the levee board and the office of public works28 HLS 12RS-408 REENGROSSED
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engineering differ, the estimates of the office of public works engineering shall be1
controlling.2
* * *3
§306. General powers and duties of board4
* * *5
C. The board shall examine all of the accounts and operations of the board6
and determine in what manner work shall be undertaken. The board shall also be7
invested with the control of all public levees in the district, with authority to require8
the office of public works of the Department of Transportation and Development to9
lay off, furnish estimates, and perform all engineering work necessary to the10
location, construction, and repairs of levees, reserving, however, the right to the11
parishes in which the levees are located, also to provide funds and to construct and12
repair levees and exercise the powers now conferred to it by law. All works shall be13
advertised in accordance with the provisions of R.S. 38:2211 et seq., to be let out by14
means of sealed proposals to the lowest responsible bidder, reserving to the board15
authority to reject all bids. In case of emergency as defined in Paragraph (6) of R.S.16
38:2211, the board may make contracts for the building and repair of and guarding17
the levees without advertisement or sealed proposals. It shall use all means at its18
command to strengthen, repair, or construct any portion of the levees that may19
demand attention.20
D. The board of commissioners shall cause to be kept an exact and accurate21
statement of the work performed by the authority of the board, giving in detail the22
work done, the levees built or repaired, and all other work done or authorized to be23
done by the board. The board shall keep an accurate account of the finances of the24
levee district and annually cause to be made a statement showing the exact, accurate,25
and true condition of the finances of the district, showing specially the receipts and26
resources thereof in detail, the amount and character of each amount of money or27
assets received, whether in money, bills of exchange, bills receivable, property, or28
other things of value. The account shall show in detail the expenditures made by29
authority of the board, the costs of levees built or repaired, salaries paid, property30 HLS 12RS-408 REENGROSSED
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purchased, costs of work done, other incidental expenditures not herein mentioned,1
and any and all expenditures made by authority of the board. It shall show the2
balances on hand, all details of the various money, money fines, or things of value3
at the time of the statement. The statement shall be made in triplicate, one copy of4
which shall be forwarded to the governor, one copy shall be forwarded to the5
legislative auditor, and one copy shall be kept on record in the files and records of6
the board. A representative of the office of public works, or its successor, of the7
Department of Transportation and Development shall attend each regular meeting8
of the levee board and such other meetings if requested by the board, and to report9
to and advise it as to the location, construction, and repairs of all levees in the10
district. The office of public works, or its successor, The Department of11
Transportation and Development shall be responsible for locating all levees,12
furnishing estimates and specifications, and performing all engineering work13
required of them by the levee board or levee and drainage board.14
* * *15
§307. Orleans Levee District; powers of board of commissioners 16
A.(1) The board of commissioners of the Orleans Levee District shall have17
and exercise all and singular the powers now conferred upon that board by law, as18
well as such powers as are herein granted. The board shall have full and exclusive19
right, jurisdiction, power, and authority to locate, relocate, construct, maintain,20
extend, and improve levees, embankments, seawalls, jetties, breakwaters, water-21
basins water basins, and other works in relation to such projects and to conduct all22
dredging operations necessary in connection therewith or incidental thereto along,23
over, and on the shores, bottom, and bed of Lake Pontchartrain in the parish of24
Orleans from its western boundary to the boundary line separating township 1125
south, range 12 east, from township 11 south, range 13 east, at a distance not to26
exceed three miles from the present shore line, as the board may determine, and27
along and on the shores adjacent to the lake and along the canals connected28
therewith. The levees, embankments, seawalls, jetties, breakwaters, water basins,29
and other works shall be of such character and extent and of such height, width,30 HLS 12RS-408 REENGROSSED
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slope, design, and material as the board determines, with power and authority to1
improve and to protect the same with such other structures as are deemed necessary2
and proper by the board. All final plans and specifications covering and relating to3
works of a permanent nature shall be submitted to the office of public works4
engineering or its successor for approval as to soundness of engineering practice and5
feasibility, but not as to form, extent of area, or detail and such plans and6
specifications shall be approved by the office of public works engineering prior to7
their adoption by the levee board. 8
(2) The office of public works engineering, or its successor, shall promptly9
and with all possible preference over other work pass upon the plans and10
specifications so submitted to it by the levee board. 11
* * *12
§315. Dedication of artificial waterways as public navigable waterways; approval13
Wherever there presently exists or may hereafter be created within the14
territorial limits of any levee district or levee and drainage district in the state of15
Louisiana, except in the parish of Orleans, any canal or other artificial waterway16
created by any levee district or levee and drainage district for the purpose of17
constructing a levee or other public work and where said canal or other artificial18
waterway is navigable in fact and connects with or enters into any lake, river, stream,19
bayou, or other navigable waters, the governing authority of said levee district or20
levee and drainage district shall have the authority, with the approval of the office21
of public works engineering of the Department of Transportation and Development22
and with the concurrence of the U.S. United States district engineer, to dedicate and23
declare said canal or other artificial waterway, in whole or in part, as a waterway24
subject to the free and unrestricted navigation by the public; however, nothing herein25
shall be construed as authorizing the taking of private property, except as now26
provided by the constitution and laws of this state.27
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§319. Emergency procedures manual 1
Each board of commissioners of each levee district and levee and drainage2
district shall prepare a written procedures manual to be used during periods of3
emergency to facilitate the immediate and orderly actions of each board during an4
emergency. The manual shall initially be completed by December 1, 1985, and shall5
be submitted on or before that date to the office of public works engineering, or its6
successor, and the Joint Legislative Committee on Transportation, Highways and7
Public Works for review. Thereafter, the manual shall be updated every two years8
and resubmitted for review.9
* * * 10
§338. Construction, maintenance, and repairs of levees in Pontchartrain Levee11
District; supervision and control 12
* * * 13
B. Where money has been contributed under the provisions of this Chapter14
to the construction, maintenance, or repair of any levee, the money shall be expended15
solely when not less than a like amount is contributed by the Pontchartrain Levee16
District for the similar purpose, and the work shall be done under the supervision and17
control of the office of public works engineering.18
* * * 19
§402. Appropriation of funds raised for levee purposes 20
A. Any levee board or levee and drainage board with the approval of the21
office of public works engineering may appropriate any funds raised under the22
provisions of R.S. 38:401 or any funds now on deposit in the state treasury23
heretofore raised for the purpose of levee work to be done jointly with the24
Mississippi River Commission under the terms of the Act of Congress approved on25
the first day of March, 1917*. Upon the filing with the state auditor and treasurer of26
the resolution of the levee board or levee and drainage board setting forth the27
appropriation, the amount indicated shall remain in the state treasury in a fund for28
this purpose to be untouched for any purpose, subject to being paid out upon the29
warrant of the Mississippi River Commission according to any method it may adopt.30 HLS 12RS-408 REENGROSSED
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The appropriation may be withdrawn from the state treasury upon the warrant of the1
president of any levee board or levee and drainage board countersigned by the2
secretary and approved by the office of public works engineering, with the levee3
board or levee and drainage board's resolution attached thereto, and disposed of as4
the Mississippi River Commission shall deem proper. If the funds are to be5
deposited in any state or federal depository, evidence of that fact shall be delivered6
to the state treasurer within ten days from the time of the withdrawal of the fund7
from the state treasury.8
* * *9
§491. Authority to borrow money and issue bonds 10
The levee districts and levee and drainage districts of Louisiana under the11
terms of any law which may be enacted by the Congress of the United States may12
borrow money from the United States Government government to be used for the13
purpose of constructing, repairing, or maintaining a levee, levees, drainage, or other14
works designed to protect the territory of the levee districts from the flood waters of15
the Mississippi River, upon terms which the Congress congress may determine, and16
in evidence of the loans, may issue and deliver to the proper federal authorities at par17
value, negotiable bonds of the levee districts and levee and drainage districts, secured18
by the pledge of revenues and taxes. The bonds shall bear interest as provided in19
R.S. 39:1421 et seq., and in terms provide for their repayment, principal, and interest20
on an amortization plan by means of equal annual installments which will liquidate21
the bonds in periods ranging from twenty to forty years. The bonds shall not exceed22
fifteen percent of the total assessed valuation of property subject to levee taxation in23
any district issuing them, including the bond issues of the district heretofore24
authorized, issued, and outstanding. In all cases the loan shall be formally approved25
by the office of public works engineering whose approval shall be expressly written26
or printed in or across each bond.27
§492. Form of bonds28
The form of the bonds and interest coupons attached shall be as prescribed29
by the attorney general of the state, and each bond shall expressly show that the form30 HLS 12RS-408 REENGROSSED
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thereof has been so prescribed and prepared by the officer whose official signature1
together with the signature of the director of the office of public works and chief2
engineer of the office of engineering and the president and secretary of the levee3
board or levee and drainage board availing itself of the provisions of this Subpart4
shall appear on each bond. The bonds issued under this Subpart shall be without5
prejudice to the bonds heretofore issued by the several levee districts and levee and6
drainage districts under the provisions of existing laws.7
* * * 8
§511. Anticipation of revenues for five years; authority to borrow money and issue9
certificates of indebtedness 10
The boards of commissioners of the duly organized levee districts and levee11
and drainage districts, in their discretion, may anticipate, for five years in advance12
of their availability, through the existing processes of law, their annual revenues, by13
borrowing any sums which in their judgment may be required for the needs of the14
district, duly recommended and approved by the office of public works engineering,15
and issuing certificates of indebtedness, upon the terms they may see fit, at rates of16
interest as provided in R.S. 39:1421 et seq., or by issuing refunding certificates of17
indebtedness for the refunding of any outstanding certificates of indebtedness and18
to secure the certificates by pledge of the revenues of the district for the year or years19
so anticipated.20
* * *21
§2044. General powers and duties of the board 22
The board of commissioners shall have all powers necessary or convenient23
for carrying out its purposes, including but not limited to the following rights and24
powers: 25
* * *26
(5) The board shall be responsible for all major drainage in the district,27
excluding the Red River and its levees, and local drainage along streets, highways,28
and roads and may request the office of public works engineering of the Department29
of Transportation and Development to lay out, furnish estimates, and perform all30 HLS 12RS-408 REENGROSSED
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engineering work necessary to the location, construction, and repairs of the drain and1
drainage facilities or may employ an engineer or engineers to perform such services.2
* * *3
§3074. Board of commissioners; appointments; tenure; replacement; compensation4
A. The board of commissioners shall consist of fifteen members who shall5
be appointed and commissioned by the governor. Each appointment by the governor6
shall be submitted to the Senate for confirmation. The following members shall be7
appointed and commissioned within ninety days after the effective date of this Part:8
* * *9
(4) One member, being the assistant secretary chief engineer or a member10
of his staff designated by him, shall be appointed and shall represent the office of11
public works engineering of the Department of Transportation and Development as12
well as other state institutions which are users of groundwater.13
* * *14
D. The board shall procure replacements for those members whose terms15
expire by the following procedure:16
* * *17
(4) Sixty days prior to the expiration of the term of the member representing18
the office of public works engineering of the Department of Transportation and19
Development as well as other state institutions that are users of groundwater, the20
board shall notify the assistant secretary of the office of public works chief engineer21
of the Department of Transportation and Development that he shall name a nominee22
for membership.23
* * *24
(9) In case a vacancy occurs more than ninety days prior to the normal25
expiration date, the governor shall appoint and commission a replacement within26
thirty days of its occurrence to fill the unexpired term, such replacement to be the27
nominee of:28
* * *29 HLS 12RS-408 REENGROSSED
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(c) The assistant secretary of the office of public works if the The chief1
engineer of the Department of Transportation and Development, if the vacancy is the2
member representing the office of public works engineering and other state3
institutions that are users of groundwater.4
* * *5
§3086.24. Powers6
* * *7
H.(1) The board shall have full power and authority to cooperate and8
contract with the United States government, or any of its agencies, the state of9
Louisiana, or any of its departments, agencies, commissions, districts, or other10
political subdivisions, or with any person, firm, partnership, or corporation, with the11
view of accomplishing the construction, maintenance, and operation of pumping12
facilities and appurtenant pipeline facilities, the purpose of which would be to13
provide fresh water for said Bayou Lafourche. In the event that such pumping14
facilities and appurtenant pipeline facilities are constructed, erected, or installed by15
the state of Louisiana, the office of public works engineering of the Department of16
Transportation and Development, state of Louisiana, the board of commissioners for17
the Lafourche Basin Levee District, the board of commissioners for the Atchafalaya18
Basin Levee District, the board of commissioners for the Lafourche Parish Water19
District No. 1 or other local interests, and the board of commissioners for the Bayou20
Lafourche Freshwater District, or any of them, it shall be the obligation of the board21
of commissioners for the Bayou Lafourche Fresh Water District, and the board is22
hereby authorized and directed to operate and maintain such pumping and pipeline23
facilities so as to provide an adequate supply of fresh water in Bayou Lafourche.24
* * *25
§3306. General powers and duties of the board 26
* * *27
B. The board shall be vested with the control of all public drainage, flood28
control and water resources development, reservoirs, and diversion canals in the29
district. The board shall have the authority in connection with the proposed30 HLS 12RS-408 REENGROSSED
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construction of any reservoir to have conducted a comprehensive study to determine1
the economic impact on the parishes of East Feliciana and St. Helena of2
accompanying commercial and residential development and growth. The board shall3
have the authority to require the office of public works engineering to lay out,4
furnish estimates, and perform all engineering work necessary to the establishment5
of adequate drainage, flood control, and water resources development.6
* * * 7
Section 6. R.S. 40:1236.2(C)(4)(a)(v) is hereby amended and reenacted to read as8
follows:9
§1236.2. Air ambulance services; licensure10
* * *11
C. An applicant seeking licensure as an air ambulance service shall:12
* * *13
(4) Submit to and successfully complete an inspection by the department to14
include the following:15
(a) An inspection of all aircraft utilized as air ambulances to ensure that all16
required medical and safety equipment is present and operational. The medical and17
safety equipment shall conform to local protocol as established by the medical18
director of the air ambulance service. The list of required medical and safety19
equipment shall be established under rules promulgated by the department and shall20
be based upon the recommendations of an advisory committee to be composed of the21
following persons:22
* * *23
(v) One representative of the Department of Transportation and24
Development, office of public works, hurricane flood protection, and intermodal25
transportation engineering, aviation section.26
* * *27 HLS 12RS-408 REENGROSSED
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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))