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Regular Session, 2013
SENATE BILL NO. 173
BY SENATOR MORRELL
AIRCRAFT/AVIATION. Provides for management, control, and maintenance of the New
Orleans Lakefront Airport. (1/1/14)
AN ACT1
To amend and reenact R.S. 38:330.12.1(A) and to enact Part VI of Chapter 2 of Title 2 of2
the Louisiana Revised Statutes of 1950, to be comprised of R.S. 2:361, relative to the3
New Orleans Lakefront Airport; to create the New Orleans Lakefront Airport4
Authority; to transfer the management, control, and maintenance of the New Orleans5
Lakefront Airport from the Non-Flood Protection Asset Management Authority to6
the authority; to provide for the powers, duties, and functions of the authority to be7
exercised through a board of commissioners; to provide for the membership of the8
board of commissioners; and to provide for related matters.9
Notice of intention to introduce this Act has been published.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Part VI of Chapter 2 of Title 2 of the Louisiana Revised Statutes of 1950,12
comprised of R.S. 2:361, is hereby enacted to read as follows:13
PART VI. NEW ORLEANS LAKEFRONT AIRPORT AUTHORITY14
§361. New Orleans Lakefront Airport Authority; creation; board of15
commissioners; composition; powers, duties, functions16
A. (1) Notwithstanding any other provision of law to the contrary, the17 SB NO. 173
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New Orleans Lakefront Airport Authority is hereby created as a body politic1
and corporate and a political subdivision of the state. The authority shall2
exercise its duties, functions, powers, and responsibilities through a board of3
commissioners, hereinafter referred to as the "board".4
(2) The boundaries of the authority shall be coextensive with the5
boundaries of the immovable property and facilities of the New Orleans6
Lakefront Airport.7
B. The domicile of the authority shall be in the parish of Orleans.8
C. On and after January 1, 2014, the management, control, and9
maintenance of the New Orleans Lakefront Airport shall be transferred from10
the Non-Flood Protection Asset Management Authority, created in R.S.11
38:330.12.1, to the board of commissioners of the New Orleans Lakefront12
Airport Authority.13
D.(1) The board of commissioners of the authority shall be composed of14
the following members and, except as provided in Paragraph (2) of this15
Subsection, shall be subject to Senate confirmation:16
(a) One member appointed by the chairman of the Non-Flood Protection17
Asset Management Authority.18
(b) One member appointed by the fixed based operators who contract19
with the New Orleans Lakefront Airport.20
(c) The state senator, or his designee, from Senate District Three.21
(d) The state senator, or his designee, from Senate District Four.22
(e) The state representative, or his designee, from House District Ninety-23
Seven.24
(f) The state representative, or his designee, from House District Ninety-25
Nine.26
(g) The state representative, or his designee, from House District One27
Hundred.28
(h) One member appointed by the director of aviation of the New29 SB NO. 173
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Orleans International Airport.1
(i) One member appointed by the secretary of the Department of2
Transportation and Development.3
(j) One member appointed by the chairman of the Southeast Louisiana4
Flood Protection Authority-East.5
(2) No state senator or state representative appointed to serve on the6
board shall be subject to Senate confirmation.7
E. (1) Members, who are legislators, shall serve a term concurrent with8
their term of elected office. Appointment of a designee shall be at the discretion9
of the legislator and shall be in writing transmitted to the authority. The10
appointing legislator may be represented at any meeting of the authority only11
by his duly appointed designee or himself. A legislator may only have one12
designee at a time. A designee shall serve at the pleasure of the appointing13
legislator and may be terminated at any time. No subsequent appointment shall14
be permitted unless the previous appointed designee has resigned or otherwise15
has been terminated, and this resignation or termination shall be transmitted16
in writing to the authority.17
(2) Members of the board, who are not legislators, shall serve a term of18
four years.19
(3) Any vacancy occurring on the board shall be filled in the same20
manner as the original member for the unexpired portion of the position21
vacated.22
(4) A majority of the members shall constitute a quorum for the23
transaction of official business. All official actions of the authority shall require24
an affirmative vote of a majority of the members present and voting at any25
meeting.26
(5) Members of the board shall not receive any compensation for serving27
on the board but each member may receive not more than fifty dollars per day28
for attendance at meetings of the board or its subcommittee meetings. In29 SB NO. 173
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addition, members may be reimbursed for mileage expenses incurred while in1
the performance of their official duties at the same mileage rate established by2
the division of administration for travel by state officials.3
F. The board shall elect from its members a chairman and a secretary4
and shall select a vice-chairman to serve in the absence of the chairman. The5
board may employ an executive director and such personnel as may be6
necessary to implement the provisions of this Section.7
G. For the purpose of this Section and R.S. 38:330.12.1(A), the authority8
shall be the successor to the Non-Flood Protection Asset Management9
Authority, who shall continue the routine operation, management, and10
maintenance of all properties and facilities of the New Orleans Lakefront11
Airport until the responsibility for such operation, management, and12
maintenance is transferred to the authority.13
H. (1) The board may enter into contracts, agreements, or cooperative14
endeavors of any nature, on behalf of the authority with a state agency, political15
subdivision, or other legal entity or person, or any combination thereof, for the16
management, operation, and maintenance of the New Orleans Lakefront17
Airport.18
(2) The board shall conduct a national search for a management firm to19
conduct the day-to-day operations of the airport. The board may execute a20
contract with the management firm to conduct the day-to-day operation and21
management of the New Orleans Lakefront Airport.22
I. Except as required by federal law or regulation or our state23
constitution, all revenues produced from the operation of any facility or24
improvement at the New Orleans Lakefront Airport shall be collected and25
retained by the authority.26
J. The board of commissioners shall provide for the implementation of27
this Section.28
K. No action taken pursuant to this Section or to any provision of this29 SB NO. 173
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Part shall impair the obligation of outstanding bonded indebtedness or of any1
other contract of the Orleans Levee District or the Non-Flood Protection Asset2
Management Authority or impair the ability of the Orleans Levee District to3
satisfy any legal action or claim pending against the Orleans Levee District on4
January 1, 2014, or the Non-Flood Protection Asset Management Authority on5
January 1, 2014.6
Section 2. R.S. 38:330.12.1(A) is hereby amended and reenacted to read as follows:7
§330.12.1. Non-Flood Protection Asset Management Authority; creation;8
composition; powers, duties, functions9
A. The Non-Flood Protection Asset Management Authority, hereafter10
referred to as the "authority", is hereby created as a political subdivision possessing11
full corporate power to manage, control, regulate, operate, and maintain any non-12
flood protection facility or improvement asset or function within a levee district13
within the jurisdiction of a flood protection authority, except as provided in Part14
VI of Chapter 2 of Title 2 of the Louisiana Revised Statutes of 1950, for the New15
Orleans Lake Front Airport.16
* * *17
Section 3. This Act shall become effective on January 1, 2014.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law provides for the Non-Flood Protection Asset Management Authority [R.S.
38:330.12.1] to manage and control any non-flood protection asset within a levee district
within the territorial jurisdiction of any flood protection authority.
Proposed law retains present law except for the New Orleans Lakefront Airport.
Proposed law creates the New Orleans Lakefront Airport Authority as a body corporate and
politic and a political subdivision of the state and, effective 1/1/2014, transfers the
management, control, and maintenance of the New Orleans Lakefront Airport to the board
of commissioners of the authority.
Proposed law provides for such airport authority to exercise its duties, functions, powers, and
responsibilities through a board of commissioners, as follows:
(1)One member appointed by the chairman of the Non-Flood Protection Asset
Management Authority. SB NO. 173
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(2)One member appointed by the fixed based operators contracting with the New
Orleans Lakefront Airport.
(3)The state senator or his designee from Senate District Three.
(4)The state senator or his designee from Senate District Four.
(5)The state representative or his designee from House District Ninety-Seven.
(6)The state representative or his designee from House District Ninety-Nine.
(7)The state representative or his designee from House District One Hundred.
(8)One member appointed by the director of aviation of the New Orleans International
Airport.
(9)One member appointed by the secretary of the Department of Transportation and
Development.
(10)One member appointed by the chairman of the Southeast Louisiana Flood Protection
Authority-East.
Proposed law provides no state senator or state representative appointed to serve on the
board be subject to Senate confirmation.
Proposed law provides that authority members who are senators serve a term concurrent with
their term of office; authorizes a senator member to appoint a designee; that designee
appointment be at senator's discretion, in writing, and transmitted to the authority; that only
a senate member himself or his duly appointed designee may represent the member at
authority meetings; requires senate member to have only one designee at a time; provides
that a designee serves at appointing senator's pleasure, subject to termination at any time;
prohibits any subsequent designee appointment until previously appointed designee resigns
or is otherwise terminated, and requires transmittal in writing of such resignation or
termination to the authority.
Proposed law provides that non-senator members serve for four years; that a majority of the
members constitute a quorum; that official board action requires an affirmative vote by a
majority of members present and voting at any meeting; that members receive no
compensation for service but may receive per diem not to exceed $50 for attending board
or subcommittee meetings and mileage expense reimbursement incurred when performing
official board duties at the rate established for travel by state officials.
Proposed law requires members to elect from its membership; a chairman, a secretary, and
a vice-chairman, who serves in the chairman's absence; provides for employment of an
executive director and such personnel necessary to implement proposed law.
Proposed law provides authority is the successor of the Non-Flood Protection Asset
Management Authority; requires the Non-Flood Protection Asset Management Authority
continue to manage, operate, and maintain the airport until such responsibility transfers to
authority.
Proposed law authorizes the board to enter into contracts, agreements, or cooperative
endeavors of any nature, on behalf of the authority with a state agency, political subdivision,
or other legal entity or person, or any combination thereof, for the management, operation,
and maintenance of the airport; requires the board to conduct a national search for a
management firm to conduct day-to-day airport operations.
Proposed law provides that all revenues produced from the operation of any facility or SB NO. 173
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improvement at the airport be collected and retained by the authority, except as required by
federal law, regulation, or state constitution.
Proposed law authorizes the board to implement provisions of proposed law.
Proposed law prohibits any action which impairs obligations of outstanding bonded
indebtedness or contracts of the Orleans Levee District or the Non-Flood Protection Asset
Management Authority or which impairs the ability of the Orleans Levee District to satisfy
any legal action or claim pending against the levee district on January 1, 2014, or the Non-
Flood Protection Asset Management Authority on January 1, 2014.
Effective January 1, 2014.
(Amends R.S. 38:330.12.1(A); adds R.S. 2:361)