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)]
Harris HB No. 289
Abstract: Provides with respect to the Alexandria Regional Port Authority, its boundaries and
its board of commissioners
Present law provides the territorial limits of the port shall be concurrent with the municipal limits
of the city of Alexandria. Proposed law provides the territorial limits of the port shall be
concurrent with the territorial limits of Rapides Parish.
Proposed law provides for a nine member board of commissioners, rather than an eight-member
board. Changes membership as follows:
(1)Provides that five commissioners shall be appointed by the mayor of the city of
Alexandria and confirmed by the Alexandria City Council.
(2)Removes provisions for one commissioner appointed at-large by the parish governing
authority of Rapides Parish. Provides instead for one commissioner appointed by the
remaining incorporated municipalities of Rapides Parish based on the approved resolution
by the respective board of aldermen. Such nomination is known as the "small towns
appointment".
(3)Removes provisions for one commissioner appointed at-large by the governing authority
of Grant Parish and one appointed at large by the governing authority of Avoyelles
Parish. Provides instead for three commissioners appointed by the mayor of Pineville and
confirmed by the Pineville governing authority.
Proposed law requires each commissioner appointed to be a U.S. citizen and a domiciliary of and
qualified voter in Rapides Parish for at least one year preceding the date of his appointment and
during the entirety of his term of office.
Proposed law requires appointees to be individuals with experience in one or more of the
following areas:
(1)Economic development.
(2)Public finance or administration.
(3)Senior level management. (4)Urban planning.
(5)Banking or finance.
(6)Practice of law, medicine, or another licensed professions.
(7)Public relations.
(8)Construction.
(9)Real estate, appraisal, or commercial development.
(10)Labor.
Proposed law provides for staggered four-year terms for commissioners with commissioners
appointed in 2013 by the mayor of Alexandria to serve an initial term of one year, commissioners
appointed in 2013 by the mayor of Pineville to serve an initial term of two years, and
commissioners appointed in 2013 as the small towns appointment shall serve an initial term of
four years.
Proposed law provides that any commissioner who does not attend at least half of the board
meetings annually shall be automatically removed from office. Provides that the vacant position
shall be filled by the respective nominating entity for the remainder of the vacated term.
Provides that the former commissioner shall not be eligible for appointment until the expiration
of the remainder of the vacated term.
Proposed law provides that in the event of a vacancy occurring due to expiration of term of
office, or by reason of death, resignation, disqualification, or otherwise, shall be filled by the
respective nominating entity within thirty days after receipt of written notice of the vacancy. In
the event that the respective nominating entity fails to fill the vacancy within thirty days after the
receipt of written notification of the vacancy, the board shall appoint an interim successor to
serve in the board until the position is filled by the respective nominating entity responsible for
the appointment of such member. If the board fails to fill a vacancy in its membership within
such thirty day period, any two authorities of either the Rapides Parish Police Jury, city of
Alexandria, or city of Pineville by resolutions adopted by a majority thereof, shall appoint an
interim successor to serve on the board until the position is filled by the respective nominating
entity responsible for the appointment of such member.
Present law provides for the board of commissioners to exercise powers within the port area,
consisting of the city of Alexandria. Proposed law provides that the board exercises powers
throughout the port area, consisting of Rapides Parish.
Proposed law modifies present law in regards to the authorities, powers, and duties of the board
of commissioners. Additional powers specified include employment of an executive director,
adopting board bylaws and other rules and regulations, the adoption of an annual budget in accordance with the Local Government Budget Act, record keeping during all meetings, and
selecting an official journal.
Present law gives the board of commissioners power to regulate commerce and traffic within the
port area. Proposed law retains this authority and grants the board all powers necessary for
operation of a freshwater inland port.
Proposed law grants the board of commissioners power to operate and administer public
wharves, docks, sheds, and landings on the Red River within the territorial limits of Rapides
Parish.
Proposed law gives the board of commissioners power to:
(1)Sue and be sued.
(2)Acquire by gift, grant, purchase, lease, expropriation, or otherwise, and to hold and use
any property, real, personal, or mixed, tangible or intangible, or any interest therein.
(3)Sell, transfer, and convey any property acquired by it or interests therein.
(4)Enter into contracts, cooperative endeavors, and agreements to achieve the port objects
and purposes, including agreements to acquire, sell, construct, operate, maintain and
improve land, public works, and facilities.
(5)Borrow money and pledge all or part of its revenues, leases, rentals, and other advantages
as security for such loans. No bonds or other debts held by the port shall become an
obligation of Rapides Parish or municipalities in the parish.
(6)Allow the use of any facilities, land, and improvements for lawful purposes.
Proposed law designates the board of commissioners as the appropriate governing body for all
purposes provided in the La. Enterprise Free Zone Act.
Present law authorizes the port to levy an ad valorem tax not to exceed 10 mills on the dollar
subject to voter approval. Proposed law specifies that the provisions apply to voters in Rapides
Parish.
Proposed law provides that the board of commissioners may incur funded general or bonded
debt, levy taxes, and call for any tax or other election by first obtaining approval by authorizing
ordinance adopted by the governing authorities of the cities of Alexandria and Pineville or
Rapides Parish.
Present law provides that the testing validity of bonds are not applicable to the Alexandria
Regional Port. Proposed law provides that the testing validity of bonds shall not be deemed
applicable to the Alexandria-Pineville Regional Port. Present law provides that the prohibition contained in present law against advertising in any
newspaper, book, pamphlet shall not apply to the board of commissioner of the Alexandria
Regional Port. Proposed law adds Pineville under the jurisdiction of the port to the Alexandria-
Pineville Regional Port.
Proposed law provides that the governing authority of the port by resolution and in compliance
with R.S. 34:335.4(A)(2) may authorize the issuance of refunding bonds, and such refunding
bonds may be either sold and the proceeds applied to or deposited in escrow for the retirement of
outstanding bonds or they may be delivered in exchange for the outstanding bonds.
Proposed law provides that bonds, certificates, or other evidences of indebtedness issued by the
port or any subdistrict of the port, pursuant to proposed law are deemed to be securities of public
entities within the meaning of present law, relative to securities of public entities and fully
registered securities of public entities, and shall be subject to defeasance in accordance with
present law, relative to defeasance of securities of public entities, and may be refunded in
accordance with the provisions of present law, relative to refunding of securities of public entities
and advance refunding of bonds, and may be also issued as short- term revenue notes of a public
entity under present law, relative to short-term revenue notes of public entities.
Proposed law provides that the terms of board of commission members serving on Aug. 1, 2013,
terminate on that date and requires that new members be appointed as provided in proposed law.
(Amends R.S. 34:335.1, 335.2, 335.3(A), (B), (C), and (E), 335.4(A), 335.5(C), 335.6, and
338.4; Adds R.S. 34:338.5)