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Regular Session, 2014
SENATE BILL NO. 528
BY SENATOR CROWE
PORTS/HARBORS/TERMINALS. Provides relative to the Louisiana International Deep
Water Gulf Transfer Terminal Authority. (gov sig)
AN ACT1
To amend and reenact R.S. 34:3493(A)(1), 3495(A), (C), (D), (F), and (G) and to enact R.S.2
34:3499.1, relative to the Louisiana International Deep Water Gulf Transfer3
Terminal Authority; to provide for jurisdiction; to provide for changes in the4
coordinates; to provide for an executive board; to provide for the legislative auditor;5
to provide for contracting parties; to provide for financial compliance; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 34:3493(A)(1), 3495(A), (C), (D), (F), and (G) are hereby amended9
and reenacted and R.S. 34:3499.1 is hereby enacted to read as follows:10
§3493. Jurisdiction; domicile11
A.(1) The Louisiana International Deep Water Gulf Transfer Terminal12
Authority shall have only that exclusive jurisdiction as provided herein over a13
structure, a series of structures, or a facility constructed after July 1, 2008, at the14
lower end of the east bank at Southwest Pass in Plaquemines Parish on state owned15
property, beginning at latitude 28.934856 degrees; longitude 89.398368 degrees then16
east to latitude 28.929035 degrees; longitude 89.390547 then south to latitude17 SB NO. 528
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28.915113 degrees; longitude 89.403934 degrees then west to latitude 28.9209331
degrees; longitude 89.411755 degrees and then back to point of beginning described2
as follows to wit: beginning at a point having latitude 28.953797 degrees north3
and longitude 89.316072 degrees west; thence proceed to a point having latitude4
28.941817 degrees north and 89.316192 degrees west; thence proceed to a point5
having latitude 28.918486 degrees north and 89.336992 degrees west; thence6
proceed to a point having latitude 28.918692 degrees north and longitude7
89.349631 degrees west; thence proceed to a point having latitude 28.9406508
degrees north and longitude 89.353161 degrees west; thence proceed to a point9
having latitude 28.953931 degrees north and 89.324425 degrees west; thence10
proceed to the point of beginning and designed to accommodate deep draft11
container vessels and their cargoes, including all intermodal structures, property, and12
equipment used for transportation, and facilities directly related thereto and13
necessary or useful to the operation thereof, whether landward, onshore, or seaward14
of the main structures or facilities themselves, including any facility which is part of15
a gulf transfer container terminal.16
* * *17
§3495. Duties of board; officers; rules; meetings; quorum18
A. The board of commissioners shall be the governing body of the authority19
with full power to promulgate rules and regulations for the maintenance and20
operation of said authority but may defer certain matters to the executive board21
provided for in Subsection C of this Section for consideration and action. Any22
action taken by the executive board shall be ratified by the board of23
commissioners. Prior to the adoption of any rule or regulation for the maintenance24
and operation of said authority, such rule or regulation shall be subject to the25
approval of the House and Senate committees on transportation, highways , and26
public works and the Joint Legislative Committee on the Budget.27
* * *28
C. The commissioners shall elect a president, two vice presidents, a29 SB NO. 528
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secretary, and a treasurer from among themselves the members of the board of1
commissioners to serve for a term of two years and who shall constitute the2
executive board.3
D. The executive director, as shall be chosen by the board of commissioners,4
shall be the secretary of the board.5
* * *6
F. The board of commissioners or the executive board shall meet at least7
once every ninety days, or upon the written request of three members, or upon the8
written request of the president. The board may, upon the affirmative vote of a9
majority of its members, extend the ninety-day time interval between regular10
meetings.11
G. All matters to be acted upon by the board of commissioners or the12
executive board shall require the affirmative vote of a majority of the board, with13
the exception that the affirmative vote of not less than ten commissioners shall be14
required to select the executive director.15
* * *16
§3499.1. Audit and inspection of records17
A. Any contract, agreement, memorandum of understanding, or18
cooperative endeavor agreement entered into in order to carry out the purposes19
of this Chapter by the authority with any other party, whether public or20
private, shall require the contracting party to tender their annual financial21
audit, including all documents required to be submitted to federal regulators,22
to the authority for each year the agreement is in effect.23
B. Any party to a contract listed in Subsection A shall allow the24
legislative auditor, the legislative auditor's authorized representatives, and the25
state of Louisiana, independently and with or through the authority, to inspect26
and audit all data and financial records of the contracting party related to its27
performance with respect to the contract.28
C. The rights of inspection and audit set forth in this Section shall29 SB NO. 528
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commence as of the date of the contract and shall continue until four years have1
elapsed from the date the contract is terminated.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Nancy Vicknair.
DIGEST
Crowe (SB 528)
Present law provides for Louisiana International Deep Water Gulf Transfer Terminal
Authority (LIGTT) to promote, plan, finance, develop, construct, control, license, regulate,
supervise, operate, manage, maintain, and modify deepwater terminal facilities to be
constructed within the jurisdiction of said authority after July 1, 2008, in order to position
Louisiana as an international hub for cargo ships, including super-sized cargo ships.
Present law provides that LIGTT shall have exclusive jurisdiction over a structure, a series
of structures, or a facility constructed after July 1, 2008, at the lower end of the east bank at
Southwest Pass in Plaquemines Parish on state owned property, beginning at latitude
28.934856 degrees; longitude 89.398368 degrees then east to latitude 28.929035 degrees;
longitude 89.390547 then south to latitude 28.915113 degrees; longitude 89.403934 degrees
then west to latitude 28.920933 degrees; longitude 89.411755 degrees and then back to point
of beginning.
Proposed law retains present law but changes the coordinates for LIGTT.
Present law provides that the board of commissioners shall be the governing body of the
LIGTT authority with full power to promulgate rules and regulations for the maintenance
and operation of LIGTT.
Proposed law retains present law but provides that the board of commissioners may defer
certain matters to the executive board for consideration and action. Requires any action
taken by the executive board to be ratified by the board of commissioners.
Present law requires approval of the House and Senate committees on transportation,
highways, and public works prior to the adoption of any rule or regulation for the
maintenance and operation of LIGTT.
Proposed law retains present law and also requires approval of the Joint Legislative
Committee on the Budget.
Present law provides that the commissioners shall elect a president from among themselves
to serve for a term of two years.
Proposed law provides that the commissioners shall elect the president, two vice presidents,
a secretary and a treasurer from among the members of the board of commissioners to serve SB NO. 528
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for a term of two years and who shall constitute the executive board.
Present law provides that LIGTT shall have exclusive and plenary power to regulate all
phases of the construction and operation by any person of terminal facilities within the
jurisdiction of the authority.
Proposed law retains present law but provides that any contract, agreement, memorandum
of understanding or cooperative endeavor agreement entered into in order to carry out the
purposes of LIGTT by any other party, whether public or private, shall require the
contracting party to tender their annual financial audit, including all documents required to
be submitted to federal regulators, to the authority for each year the agreement is in effect.
Proposed law requires any party to a contract with LIGTT to allow the legislative auditor,
the legislative auditors authorized representatives, and the state of La., independently and/or
through LIGTT, to inspect and audit all data and financial records of the contracting party
related to its performance with respect to the contract.
Proposed law provides that the rights of inspection and audit set forth shall commence as of
the date of the contract and shall continue until four years have elapsed from the date the
contract is terminated.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 34:3493(A)(1), 3495(A), (C), (D), (F), and (G); adds R.S. 34:3499.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Requires contracting party to allow inspection of financial records, rather
than inspection of all records.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Requires any action taken by the executive board to be ratified by the board
of commissioners.
3. Requires approval of the Joint Legislative Committee on the Budget prior to
the adoption of any rule or regulation for the maintenance and operation of
LIGTT.
4. Requires the commissioners to elect officers from the members of the board
of commissioners and these officers will be the executive board.