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ACT No. 753
Regular Session, 2012
HOUSE BILL NO. 615
BY REPRESENTATIVE ST. GERMAIN
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
the office of public works engineering, damage would occur to the levees from20
exposure to wear, tear, and abuse.21
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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
services of the office of public works engineering of the Department of30 ENROLLEDHB NO. 615
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Transportation and Development, the Department of Wildlife and Fisheries, and the1
office of environmental affairs. It shall be the duty of said the department and2
offices to make such reports, inspections, and investigations, render such reports,3
estimates, and recommendations and furnish such plans and specifications as the4
board of commissioners for the district may request.5
Section 4. R.S. 36:508(A) is hereby amended and reenacted to read as follows: 6
§508. Office of engineering; functions; chief engineer; powers and duties7
A. There is hereby created within the Department of Transportation and8
Development, the office of engineering, which shall administer engineering matters9
related to the state's highway program with respect to project development, design,10
construction, maintenance, extension, improvement, and regulation of roads,11
highways, expressways, bridges, and related matters, and any other special highway12
engineering program as may be directed by the secretary. The office shall also13
administer the public works functions of the state related to flood and drainage14
control, reclamation, water resources, soil conservation, mapping, disaster relief, and15
related matters, the state's participation in the National Flood Insurance Program, 4216
U.S.C. 4001 et seq., and other special programs as may be directed by the secretary.17
* * *18
Section 5. R.S. 38:17, 20, 23, 26(C), 31(2), 32(A) and (B)(introductory paragraph),19
33, 34(A) and (B)(introductory paragraph), 84(B), 90.1(8), 90.4(A)(1)(introductory20
paragraph), (B)(1) and (2)(introductory paragraph), 90.7, 90.8, 90.12(B), 91, 226,21
301(C)(2)(c), 306(C) and (D), 307(A)(1) and (2), 315, 319, 338(B), 402(A), 491, 492, 511,22
2044(5), 3074(A)(4), (D)(4) and (9)(c), 3086.24(H)(1), and 3306(B) are hereby amended and23
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
B. The assistant secretary may enter into written contracts with the federal29
government or any federal agency, or any political subdivision of the state or private30 ENROLLEDHB NO. 615
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individual for the construction, operation, or maintenance of any public works which1
under this Chapter the department may administer and may receive and disburse2
grants of money from the agencies or persons for these purposes. All grants of3
money shall be credited by the treasurer in a special account subject to withdrawal4
only by the assistant secretary of the office of public works engineering. Any5
portion of any grant unexpended at the end of any fiscal year shall remain to the6
credit of the department for expenditure during the succeeding fiscal years. 7
C. A complete and itemized report of the public improvements fund of the8
office of public works engineering of the previous fiscal year's expenditures shall9
be made by October first of each year. The report submitted shall include the source10
of all funds expended on public works projects from the public improvements fund,11
a project description, the location of the project, the amount of funds granted for each12
project, and the date and payee of each disbursement of funds expended on each13
project. The office shall request each recipient of funds from the public14
improvements fund to provide, in detail, a description of the project for which the15
funds were used, a listing of the date and amount of all disbursements of funds, to16
whom each payment was made and for what purpose. If the recipient submits the17
requested information, the office shall include same in the report. If the information18
is not submitted, the office shall make note of such fact in the report. The report19
shall be submitted to the legislative auditor and to the House and Senate Committees20
on Transportation, Highways, and Public Works committees on transportation,21
highways, and public works.22
* * * 23
§20. Red River Compact Commission membership 24
A. There shall be two members appointed to represent the state of Louisiana25
on the Red River Compact Commission as required by Act No. 71 of the 197826
Regular Session of the Legislature. One member shall be the assistant secretary27
chief engineer of the office of public works engineering of the Department of28
Transportation and Development or his designee and one member shall be appointed29
by the governor, subject to Senate confirmation.30 ENROLLEDHB NO. 615
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B. The member of the Red River Compact Commission appointed by the1
governor to represent the state as provided by Article IX of the Red River Compact2
contained in Act No. 71 of the 1978 Regular Session of the Legislature shall be3
entitled to receive a per diem allowance of fifty dollars for each day of a meeting of4
the administration or any of its committees actually attended by such member, to be5
paid out of funds available for the purpose by the office of public works engineering6
of the Department of Transportation and Development, on his own warrant. In7
addition, such member of the administration shall be entitled to be reimbursed for8
expenses actually incurred in attending meetings of the administration or its9
committees, or in the transaction of any business of the administration, to be paid out10
of funds available for that purpose by the office of public works engineering of the11
Department of Transportation and Development.12
* * * 13
§23. Permit or consent required 14
All dams, as herein above described, both federal and non-federal nonfederal15
but excluding the Toledo Bend Dam, shall be under the jurisdiction of the state16
acting through the chief engineer of the Department of Transportation and17
Development, office of public works engineering. The chief engineer, or his18
authorized representative, shall have supervision and overview of the construction,19
modification, operation, and maintenance of the dams to the extent required to20
protect life and property and to provide for the safety and welfare of the public. No21
person, partnership, association, corporation, agency, or political subdivision shall22
construct any such dam or make, construct, or permit to be made or constructed any23
change in the dam without first obtaining the written consent or permit of the chief24
engineer. No permit is required for routine maintenance.25
* * * 26
§26. Violations; orders of chief engineer; remedial measures; emergency situations;27
designated operation and maintenance 28
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C. The commission or political subdivision under whose authority the1
following dams are established, is hereby authorized to transfer the maintenance and2
operation thereof to the Department of Transportation and Development, office of3
public works engineering, and the Department of Transportation and Development,4
office of public works engineering, is hereby authorized and directed to operate and5
maintain the dam, water-control structures, gates, spillway, and related6
appurtenances to the extent that it deems necessary to insure ensure that the man-7
made manmade impoundment structure and the attendant water-control devices are8
functioning to design capabilities.9
* * *10
§31. Definitions 11
* * *12
(2) "Office" means the office of public works engineering of the Department13
of Transportation and Development. 14
* * *15
§32. Louisiana Water Resources Program; powers, duties, and functions 16
A. There is hereby established in the office of public works engineering the17
Louisiana Water Resources Program, the purpose of which shall be planning for the18
wise management of Louisiana's water resources on a statewide basis. This purpose19
shall be fulfilled through the implementation of the powers, duties, and functions of20
the office of public works engineering as described in R.S. 38:32(B) Subsection B21
of this Section. 22
B. The office of public works engineering shall be authorized to engage in23
the following activities: 24
* * *25
§33. Regional planning commissions 26
A. Each of the eight regional planning commissions created throughout the27
state pursuant to the authorization provided in Subparts C and F of Part IV of28
Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950 shall be authorized29
to and shall assist the office of public works engineering in preparation of that30 ENROLLEDHB NO. 615
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office's annual report to the governor, the House Committee on Transportation,1
Highways and Public Works, the Senate Committee on Transportation, Highways2
and Public Works, and the Joint Legislative Committee on the Budget regarding3
priorities for project funding in accordance with the requirements of R.S. 38:32. 4
B. Each planning commission shall solicit proposals for project funding from5
local governments and from special districts, boards, and commissions having water6
resources and sewerage responsibilities, which entities are located within the area of7
jurisdiction of the planning commission. Each planning commission shall set a8
deadline for receipt of project proposals, following which it shall rank in order of9
priority those projects needing and deserving of project funding. Each planning10
commission shall establish guidelines acceptable to and approved by the office of11
public works engineering by which to evaluate and rank project proposals. 12
C. Each planning commission shall prepare and submit to the office of public13
works engineering a report setting forth a list of projects recommended for funding.14
Said report shall be submitted to the office at least one hundred twenty days prior to15
the date upon which the office plans to submit its comprehensive list of prioritized16
projects to the governor, the House Committee on Transportation, Highways and17
Public Works and the Senate Committee on Transportation, Highways and Public18
Works, and the Joint Legislative Committee on the Budget. 19
§34. Project evaluation and ranking 20
A. Upon receipt of reports by the regional planning commissions as required21
by R.S. 38:33, the office of public works engineering shall evaluate them on a22
regional basis and shall rank them in order of priority for funding, according to its23
rules and regulations and consistent with water resource plans and program priorities24
as developed in the office of environmental affairs, where applicable. 25
B. The report by the office of public works engineering shall be submitted26
to the governor, the House Committee on Transportation, Highways and Public27
Works and the Senate Committee on Transportation, Highways and Public Works,28
and the Joint Legislative Committee on the Budget by January 15th fifteenth of each29 ENROLLEDHB NO. 615
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calendar year. The report shall include narrative providing the following information1
for each proposal contained in the report:2
* * *3
§84. Parishes and municipalities authorized to comply with federal flood insurance4
act5
* * *6
B. The office of public works, hurricane flood protection, and intermodal7
transportation engineering shall cooperate with the Federal Insurance Administrator8
of the Federal Emergency Management Agency in the planning and carrying out of9
state participation in the National Flood Insurance Program and shall aid, advise, and10
cooperate with parishes and municipalities endeavoring to qualify for participation11
in said program.12
* * *13
§90.1. Definitions14
* * *15
(8) "Office" means the office of public works, hurricane flood protection,16
and intermodal transportation engineering of the Department of Transportation and17
Development.18
* * *19
§90.4. Methodology for flood-control project evaluation20
A.(1) Applications for funding of any flood-control projects under the21
Statewide Flood-Control Flood Control Program may be submitted by any duly22
authorized municipal, parish, or other governing authority. Applications shall be23
made to the office of public works, hurricane flood protection, and intermodal24
transportation engineering by October first of each year, beginning in 1993, for25
consideration of funding in the following fiscal year. Applications submitted in26
accordance with the provisions of this Chapter shall not be subject to the provisions27
of R.S. 39:101. Sponsoring authorities with a population of fifty thousand persons28
or more shall be responsible for the preparation of applications for their respective29
projects. For sponsoring authorities with a population of less than fifty thousand30 ENROLLEDHB NO. 615
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persons, the office shall prepare the applications for the projects, or the sponsoring1
authority may prepare its application in the event the office cannot accomplish2
required engineering services in a timely manner. Information to be provided in the3
application shall include but not be limited to the following:4
* * *5
B.(1) Applications shall be reviewed by the office of public works, hurricane6
flood protection, and intermodal transportation engineering, the Louisiana7
Geological Survey, the division of administration, the office of engineering, United8
States Soil Conservation Service, and any other appropriate state agencies.9
(2) Projects shall then be systematically evaluated by a flood control project10
evaluation committee consisting of the assistant secretary of the office of public11
works, hurricane flood protection, and intermodal transportation engineering, the12
director of the Louisiana Geological Survey, and the commissioner of the division13
of administration, or their designated representatives. The assistant secretary of the14
office of public works, hurricane flood protection, and intermodal transportation15
engineering shall chair the evaluation committee and the office of public works,16
hurricane flood protection, and intermodal transportation engineering shall provide17
staff support for the program. The following criteria may be considered in the18
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 ENROLLEDHB NO. 615
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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 ENROLLEDHB NO. 615
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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
* * *25
§301. Construction and maintenance of levees and drainage; care and inspection of26
levees; measure of compensation; right of entry; bicycle paths and walkways27
* * *28
C.29
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(2)1
* * *2
(c) The amount of compensation due to the owner shall be paid from funds3
appropriated by the legislature by the office of public works of the The amount of4
compensation due to the owner shall be paid, from funds appropriated by the5
legislature, by the office of engineering of the Department of Transportation and6
Development. The levee board shall immediately notify the office of public works7
engineering of the estimate of the amount of compensation due to the owner, the8
amount of revenues available to the board, and the amount of insufficient revenues.9
Upon such notification, the office of public works engineering shall make its own10
estimate of the monies available to the levee board, and the amount of compensation11
to the owner. If the estimates of the levee board and the office of public works12
engineering differ, the estimates of the office of public works engineering shall be13
controlling.14
* * *15
§306. General powers and duties of board16
* * *17
C. The board shall examine all of the accounts and operations of the board18
and determine in what manner work shall be undertaken. The board shall also be19
invested with the control of all public levees in the district, with authority to require20
the office of public works of the Department of Transportation and Development to21
lay off, furnish estimates, and perform all engineering work necessary to the22
location, construction, and repairs of levees, reserving, however, the right to the23
parishes in which the levees are located, also to provide funds and to construct and24
repair levees and exercise the powers now conferred to it by law. All works shall be25
advertised in accordance with the provisions of R.S. 38:2211 et seq., to be let out by26
means of sealed proposals to the lowest responsible bidder, reserving to the board27
authority to reject all bids. In case of emergency as defined in Paragraph (6) of R.S.28
38:2211(A)(6), the board may make contracts for the building and repair of and29
guarding the levees without advertisement or sealed proposals. It shall use all means30 ENROLLEDHB NO. 615
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at its command to strengthen, repair, or construct any portion of the levees that may1
demand attention.2
D. The board of commissioners shall cause to be kept an exact and accurate3
statement of the work performed by the authority of the board, giving in detail the4
work done, the levees built or repaired, and all other work done or authorized to be5
done by the board. The board shall keep an accurate account of the finances of the6
levee district and annually cause to be made a statement showing the exact, accurate,7
and true condition of the finances of the district, showing specially the receipts and8
resources thereof in detail, the amount and character of each amount of money or9
assets received, whether in money, bills of exchange, bills receivable, property, or10
other things of value. The account shall show in detail the expenditures made by11
authority of the board, the costs of levees built or repaired, salaries paid, property12
purchased, costs of work done, other incidental expenditures not herein mentioned,13
and any and all expenditures made by authority of the board. It shall show the14
balances on hand, all details of the various money, money fines, or things of value15
at the time of the statement. The statement shall be made in triplicate, one copy of16
which shall be forwarded to the governor, one copy shall be forwarded to the17
legislative auditor, and one copy shall be kept on record in the files and records of18
the board. A representative of the office of public works, or its successor, of the19
Department of Transportation and Development shall attend each regular meeting20
of the levee board and such other meetings if requested by the board, and to report21
to and advise it as to the location, construction, and repairs of all levees in the22
district. The office of public works, or its successor, The Department of23
Transportation and Development shall be responsible for locating all levees,24
furnishing estimates and specifications, and performing all engineering work25
required of them by the levee board or levee and drainage board.26
* * *27
§307. Orleans Levee District; powers of board of commissioners 28
A.(1) The board of commissioners of the Orleans Levee District shall have29
and exercise all and singular the powers now conferred upon that board by law, as30 ENROLLEDHB NO. 615
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well as such powers as are herein granted. The board shall have full and exclusive1
right, jurisdiction, power, and authority to locate, relocate, construct, maintain,2
extend, and improve levees, embankments, seawalls, jetties, breakwaters, water-3
basins water basins, and other works in relation to such projects and to conduct all4
dredging operations necessary in connection therewith or incidental thereto along,5
over, and on the shores, bottom, and bed of Lake Pontchartrain in the parish of6
Orleans from its western boundary to the boundary line separating township 117
south, range 12 east, from township 11 south, range 13 east, at a distance not to8
exceed three miles from the present shore line, as the board may determine, and9
along and on the shores adjacent to the lake and along the canals connected10
therewith. The levees, embankments, seawalls, jetties, breakwaters, water basins,11
and other works shall be of such character and extent and of such height, width,12
slope, design, and material as the board determines, with power and authority to13
improve and to protect the same with such other structures as are deemed necessary14
and proper by the board. All final plans and specifications covering and relating to15
works of a permanent nature shall be submitted to the office of public works16
engineering or its successor for approval as to soundness of engineering practice and17
feasibility, but not as to form, extent of area, or detail and such plans and18
specifications shall be approved by the office of public works engineering prior to19
their adoption by the levee board. 20
(2) The office of public works engineering, or its successor, shall promptly21
and with all possible preference over other work pass upon the plans and22
specifications so submitted to it by the levee board. 23
* * *24
§315. Dedication of artificial waterways as public navigable waterways; approval25
Wherever there presently exists or may hereafter be created within the26
territorial limits of any levee district or levee and drainage district in the state of27
Louisiana, except in the parish of Orleans, any canal or other artificial waterway28
created by any levee district or levee and drainage district for the purpose of29
constructing a levee or other public work and where said canal or other artificial30 ENROLLEDHB NO. 615
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waterway is navigable in fact and connects with or enters into any lake, river, stream,1
bayou, or other navigable waters, the governing authority of said levee district or2
levee and drainage district shall have the authority, with the approval of the office3
of public works engineering of the Department of Transportation and Development4
and with the concurrence of the U.S. United States district engineer, to dedicate and5
declare said canal or other artificial waterway, in whole or in part, as a waterway6
subject to the free and unrestricted navigation by the public; however, nothing herein7
shall be construed as authorizing the taking of private property, except as now8
provided by the constitution and laws of this state.9
* * *10
§319. Emergency procedures manual 11
Each board of commissioners of each levee district and levee and drainage12
district shall prepare a written procedures manual to be used during periods of13
emergency to facilitate the immediate and orderly actions of each board during an14
emergency. The manual shall initially be completed by December 1, 1985, and shall15
be submitted on or before that date to the office of public works engineering, or its16
successor, and the Joint Legislative Committee on Transportation, Highways and17
Public Works for review. Thereafter, the manual shall be updated every two years18
and resubmitted for review.19
* * * 20
§338. Construction, maintenance, and repairs of levees in Pontchartrain Levee21
District; supervision and control 22
* * * 23
B. Where money has been contributed under the provisions of this Chapter24
to the construction, maintenance, or repair of any levee, the money shall be expended25
solely when not less than a like amount is contributed by the Pontchartrain Levee26
District for the similar purpose, and the work shall be done under the supervision and27
control of the office of public works engineering.28
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§402. Appropriation of funds raised for levee purposes 1
A. Any levee board or levee and drainage board with the approval of the2
office of public works engineering may appropriate any funds raised under the3
provisions of R.S. 38:401 or any funds now on deposit in the state treasury4
heretofore raised for the purpose of levee work to be done jointly with the5
Mississippi River Commission under the terms of the Act of Congress approved on6
the first day of March, 1917*. Upon the filing with the state auditor and treasurer of7
the resolution of the levee board or levee and drainage board setting forth the8
appropriation, the amount indicated shall remain in the state treasury in a fund for9
this purpose to be untouched for any purpose, subject to being paid out upon the10
warrant of the Mississippi River Commission according to any method it may adopt.11
The appropriation may be withdrawn from the state treasury upon the warrant of the12
president of any levee board or levee and drainage board countersigned by the13
secretary and approved by the office of public works engineering, with the levee14
board or levee and drainage board's resolution attached thereto, and disposed of as15
the Mississippi River Commission shall deem proper. If the funds are to be16
deposited in any state or federal depository, evidence of that fact shall be delivered17
to the state treasurer within ten days from the time of the withdrawal of the fund18
from the state treasury.19
* * *20
§491. Authority to borrow money and issue bonds 21
The levee districts and levee and drainage districts of Louisiana under the22
terms of any law which may be enacted by the Congress of the United States may23
borrow money from the United States Government government to be used for the24
purpose of constructing, repairing, or maintaining a levee, levees, drainage, or other25
works designed to protect the territory of the levee districts from the flood waters of26
the Mississippi River, upon terms which the Congress congress may determine, and27
in evidence of the loans, may issue and deliver to the proper federal authorities at par28
value, negotiable bonds of the levee districts and levee and drainage districts, secured29
by the pledge of revenues and taxes. The bonds shall bear interest as provided in30 ENROLLEDHB NO. 615
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R.S. 39:1421 et seq., and in terms provide for their repayment, principal, and interest1
on an amortization plan by means of equal annual installments which will liquidate2
the bonds in periods ranging from twenty to forty years. The bonds shall not exceed3
fifteen percent of the total assessed valuation of property subject to levee taxation in4
any district issuing them, including the bond issues of the district heretofore5
authorized, issued, and outstanding. In all cases the loan shall be formally approved6
by the office of public works engineering whose approval shall be expressly written7
or printed in or across each bond.8
§492. Form of bonds9
The form of the bonds and interest coupons attached shall be as prescribed10
by the attorney general of the state, and each bond shall expressly show that the form11
thereof has been so prescribed and prepared by the officer whose official signature12
together with the signature of the director of the office of public works and chief13
engineer of the office of engineering and the president and secretary of the levee14
board or levee and drainage board availing itself of the provisions of this Subpart15
shall appear on each bond. The bonds issued under this Subpart shall be without16
prejudice to the bonds heretofore issued by the several levee districts and levee and17
drainage districts under the provisions of existing laws.18
* * * 19
§511. Anticipation of revenues for five years; authority to borrow money and issue20
certificates of indebtedness 21
The boards of commissioners of the duly organized levee districts and levee22
and drainage districts, in their discretion, may anticipate, for five years in advance23
of their availability, through the existing processes of law, their annual revenues, by24
borrowing any sums which in their judgment may be required for the needs of the25
district, duly recommended and approved by the office of public works engineering,26
and issuing certificates of indebtedness, upon the terms they may see fit, at rates of27
interest as provided in R.S. 39:1421 et seq., or by issuing refunding certificates of28
indebtedness for the refunding of any outstanding certificates of indebtedness and29 ENROLLEDHB NO. 615
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to secure the certificates by pledge of the revenues of the district for the year or years1
so anticipated.2
* * *3
§2044. General powers and duties of the board 4
The board of commissioners shall have all powers necessary or convenient5
for carrying out its purposes, including but not limited to the following rights and6
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,10
and roads and may request the office of public works engineering of the Department11
of 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 shall17
be appointed and commissioned by the governor. Each appointment by the governor18
shall 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 chief engineer or a member22
of his staff designated by him, shall be appointed and shall represent the office of23
public works engineering of the Department of Transportation and Development as24
well as other 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
* * *29 ENROLLEDHB NO. 615
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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, the3
board shall notify the assistant secretary of the office of public works chief engineer4
of the Department of Transportation and Development that he shall name a nominee5
for membership.6
* * *7
(9) In case a vacancy occurs more than ninety days prior to the normal8
expiration date, the governor shall appoint and commission a replacement within9
thirty days of its occurrence to fill the unexpired term, such replacement to be the10
nominee of:11
* * *12
(c) The assistant secretary of the office of public works if the The chief13
engineer of the Department of Transportation and Development, if the vacancy is the14
member representing the office of public works engineering and other state15
institutions that are users of groundwater.16
* * *17
§3086.24. Powers18
* * *19
H.(1) The board shall have full power and authority to cooperate and20
contract with the United States government, or any of its agencies, the state of21
Louisiana, or any of its departments, agencies, commissions, districts, or other22
political subdivisions, or with any person, firm, partnership, or corporation, with the23
view of accomplishing the construction, maintenance, and operation of pumping24
facilities and appurtenant pipeline facilities, the purpose of which would be to25
provide fresh water for said Bayou Lafourche. In the event that such pumping26
facilities and appurtenant pipeline facilities are constructed, erected, or installed by27
the state of Louisiana, the office of public works engineering of the Department of28
Transportation and Development, state of Louisiana, the board of commissioners for29
the Lafourche Basin Levee District, the board of commissioners for the Atchafalaya30 ENROLLEDHB NO. 615
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Basin Levee District, the board of commissioners for the Lafourche Parish Water1
District No. 1 or other local interests, and the board of commissioners for the Bayou2
Lafourche Freshwater District, or any of them, it shall be the obligation of the board3
of commissioners for the Bayou Lafourche Fresh Water District, and the board is4
hereby authorized and directed to operate and maintain such pumping and pipeline5
facilities so as to provide an adequate supply of fresh water in Bayou Lafourche.6
* * *7
§3306. General powers and duties of the board 8
* * *9
B. The board shall be vested with the control of all public drainage, flood10
control and water resources development, reservoirs, and diversion canals in the11
district. The board shall have the authority in connection with the proposed12
construction of any reservoir to have conducted a comprehensive study to determine13
the economic impact on the parishes of East Feliciana and St. Helena of14
accompanying commercial and residential development and growth. The board shall15
have the authority to require the office of public works engineering to lay out,16
furnish estimates, and perform all engineering work necessary to the establishment17
of adequate drainage, flood control, and water resources development.18
* * * 19
Section 6. R.S. 40:1236.2(C)(4)(a)(v) is hereby amended and reenacted to read as20
follows:21
§1236.2. Air ambulance services; licensure22
* * *23
C. An applicant seeking licensure as an air ambulance service shall:24
* * *25
(4) Submit to and successfully complete an inspection by the department to26
include the following:27
(a) An inspection of all aircraft utilized as air ambulances to ensure that all28
required medical and safety equipment is present and operational. The medical and29
safety equipment shall conform to local protocol as established by the medical30 ENROLLEDHB NO. 615
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director of the air ambulance service. The list of required medical and safety1
equipment shall be established under rules promulgated by the department and shall2
be based upon the recommendations of an advisory committee to be composed of the3
following persons:4
* * *5
(v) One representative of the Department of Transportation and6
Development, office of public works, hurricane flood protection, and intermodal7
transportation engineering, aviation section.8
* * *9
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: