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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
(3) Notwithstanding the provisions of R.S. 33:2740.70.1, no property or8
facility within the boundaries of the New Orleans Lakefront Airport, and9
operated, managed, or administered by the authority, shall be subject to the10
jurisdiction of the Downman Road Economic Development District.11
B. The domicile of the authority shall be in the parish of Orleans.12
C. On and after January 1, 2014, the management, control, and13
maintenance of the New Orleans Lakefront Airport shall be transferred from14
the Non-Flood Protection Asset Management Authority, created in R.S.15
38:330.12.1, to the board of commissioners of the New Orleans Lakefront16
Airport Authority; provided that, the New Orleans Lakefront Airport shall17
continue to be owned by the Orleans Levee District.18
D. The board of commissioners of the authority shall be composed of the19
following members:20
(1) One member appointed by the chairman of the Non-Flood Protection21
Asset Management Authority.22
(2) One member appointed by the governor of the state of Louisiana.23
(3) One member appointed by the state senators from Senate districts24
one, three, and four.25
(4) One member appointed by the state representatives from House26
districts ninety-seven, ninety-nine, and one hundred.27
(5) One member appointed by the council members from New Orleans28
City Council Districts D and E.29 SB NO. 173
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(6) One member appointed by the Greater New Orleans, Inc.1
(7) One member appointed by the chairman of the New Orleans Regional2
Business Park.3
(8) One member appointed by the chairman of the Southeast Louisiana4
Flood Protection Authority-East.5
E. (1) Members of the board shall have experience in airport6
management, general aviation airports, vending procurement, law, economic7
development, accounting, or real estate, and shall serve a term of four years.8
(2) Any vacancy occurring on the board shall be filled in the same9
manner as the original member for the unexpired portion of the position10
vacated.11
(3) A majority of the members shall constitute a quorum for the12
transaction of official business. All official actions of the authority shall require13
an affirmative vote of a majority of the members present and voting at any14
meeting.15
(4) Members of the board shall not receive any compensation for serving16
on the board but each member may receive not more than fifty dollars per day17
for attendance at meetings of the board or its subcommittee meetings provided18
that the number of days that per diem shall be paid shall not exceed twelve days19
in any one calendar year. In addition, members may be reimbursed for mileage20
expenses incurred while in the performance of their official duties at the same21
mileage rate established by the division of administration for travel by state22
officials.23
F. The board shall elect from its members a chairman and a secretary24
and shall select a vice chairman to serve in the absence of the chairman. The25
board may employ an executive director and such personnel as may be26
necessary to implement the provisions of this Section.27
G. For the purpose of this Section and R.S. 38:330.12.1(A), the authority28
shall be the successor to the Non-Flood Protection Asset Management29 SB NO. 173
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Authority, who shall continue the routine operation, management, and1
maintenance of all properties and facilities of the New Orleans Lakefront2
Airport until the responsibility for such operation, management, and3
maintenance is transferred to the authority.4
H. (1) The board may enter into contracts, agreements, or cooperative5
endeavors of any nature, on behalf of the authority with a state agency, political6
subdivision, or other legal entity or person, or any combination thereof, for the7
management, operation, and maintenance of the New Orleans Lakefront8
Airport.9
(2) The board may conduct a national search for a management firm to10
conduct the day-to-day operations of the airport. The board may execute a11
contract with the management firm to conduct the day-to-day operation and12
management of the New Orleans Lakefront Airport. No cost incurred by the13
board for a management firm contracted to conduct the day-to-day operation14
and management of the New Orleans Lakefront Airport shall be considered as15
an eligible cost payable from the aviation account of the Transportation Trust16
Fund. Further, no cost incurred by the board for a management firm shall be17
considered as a cost eligible for reimbursement under any federal or state18
contract which includes "construction management" or equivalent terminology.19
I. Except as required by federal law or regulation or the Constitution of20
Louisiana, all revenues produced from the operation of any facility or21
improvement at the New Orleans Lakefront Airport shall be collected and22
retained by the authority.23
J. The board of commissioners shall provide for the implementation of24
this Section.25
K. No action taken pursuant to this Section or to any provision of this26
Part shall impair the obligation of outstanding bonded indebtedness or of any27
other contract of the Orleans Levee District or the Non-Flood Protection Asset28
Management Authority or impair the ability of the Orleans Levee District to29 SB NO. 173
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satisfy any legal action or claim pending against the Orleans Levee District on1
January 1, 2014, or the Non-Flood Protection Asset Management Authority on2
January 1, 2014.3
L. The authority created pursuant to this Part and all members thereof4
shall be subject to and shall fully comply with the provisions of the open5
meetings law, R.S. 42:11 et seq., the Code of Governmental Ethics, R.S. 42:11016
et seq., and the public records law, R.S. 44:1 et seq., of the state.7
Section 2. R.S. 38:330.12.1(A) is hereby amended and reenacted to read as follows:8
§330.12.1. Non-Flood Protection Asset Management Authority; creation;9
composition; powers, duties, functions10
A. The Non-Flood Protection Asset Management Authority, hereafter11
referred to as the "authority", is hereby created as a political subdivision possessing12
full corporate power to manage, control, regulate, operate, and maintain any non-13
flood protection facility or improvement asset or function within a levee district14
within the jurisdiction of a flood protection authority, except as provided in Part15
VI of Chapter 2 of Title 2 of the Louisiana Revised Statutes of 1950, for the New16
Orleans Lakefront Airport.17
* * *18
Section 3. This Act shall become effective on January 1, 2014.19
The original instrument was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by McHenry Lee.
DIGEST
Morrell (SB 173)
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.
Present law includes all the territory within the geographic boundaries of the New Orleans
Lakefront Airport (Airport) within the boundaries of the Downman Road Economic
Development District (DREDD) [R.S. 33:2740.70.1].
Proposed law retains present law except for the New Orleans Lakefront Airport.
Proposed law creates the New Orleans Lakefront Airport Authority (NOLAA) as a body
corporate and politic and a political subdivision of the state and, effective 1/1/2014, transfers SB NO. 173
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the management, control, and maintenance of the Airport to the board of commissioners of
the authority; provides that the Orleans Levee District continues to own the Airport;
excludes the properties and facilities within the boundaries of the Airport which are
operated, managed, or administered by the NOLAA from the jurisdiction of DREDD.
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.
(2)One member appointed by the governor of the state of Louisiana.
(3)One member appointed by the state senators from Senate districts one, three, and
four.
(4)One member appointed by the state representatives from House districts ninety-
seven, ninety-nine, and one hundred.
(5)One member appointed by the council members from New Orleans City Council
District D and E.
(6)One member appointed by the Greater New Orleans, Inc.
(7)One member appointed by the chairman of the New Orleans Regional Business Park.
(8)One member appointed by the chairman of the Southeast Louisiana Flood Protection
Authority-East.
Proposed law provides that members appointed have experience in airport management,
general aviation airports, vending procurement, law, economic development, accounting, or
real estate; that 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;
limits per diem paid to 12 days per year; provides for mileage expense reimbursement 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; authorizes the board to conduct a national search for a
management firm to conduct day-to-day airport operations; further provides that costs
associated for a management firm are not eligible for payment from the aviation account of
the Transportation Trust Fund or for reimbursement under any federal or state contract
which includes "construction management" or equivalent terminology.
Proposed law provides that all revenues produced from the operation of any facility or
improvement at the airport be collected and retained by the authority, except as required by SB NO. 173
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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.
Proposed law requires that NOLAA and all members comply with open meetings law, Code
of Governmental Ethics, and public records law.
Effective January 1, 2014.
(Amends R.S. 38:330.12.1(A); adds R.S. 2:361)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Provides that Orleans Levee District continues to own the New Orleans
Lakefront Airport.
2. Excludes New Orleans Lakefront Airport from jurisdiction of the Downman
Road Economic Development District.
3. Changes membership of the board and removes requirements for Senate
confirmation of board members and limits per diem to no more than twelve
days per year.
4. Requires that board members have experience in airport management,
general aviation airports, vending procurement, law, economic development,
accounting, or real estate.
5. Provides that costs associated with a management firm for day-to-day
operations are not eligible for payment from the aviation account of the
Transportation Trust Fund or for reimbursement under any federal or state
contract which includes "construction management" or equivalent
terminology.
6. Requires NOLAA and members to comply with open meetings law, Code of
Governmental Ethics, and public records law.
Senate Floor Amendments to engrossed bill
1. Makes Legislative Bureau changes.
2. Adds a member appointed by the Senator of District One to the board.
3. Changes the member appointed by the mayor of New Orleans to a member
appointed by Greater New Orleans, Inc.