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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 528
BY SENATOR CROWE
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
28.915113 degrees; longitude 89.403934 degrees then west to latitude 28.92093318
degrees; longitude 89.411755 degrees and then back to point of beginning described19
as follows to wit: beginning at a point having latitude 28.953797 degrees north20
and longitude 89.316072 degrees west; thence proceed to a point having latitude21
28.941817 degrees north and 89.316192 degrees west; thence proceed to a point22
having latitude 28.918486 degrees north and 89.336992 degrees west; thence23
proceed to a point having latitude 28.918692 degrees north and longitude24
89.349631 degrees west; thence proceed to a point having latitude 28.94065025
degrees north and longitude 89.353161 degrees west; thence proceed to a point26
having latitude 28.953931 degrees north and 89.324425 degrees west; thence27
proceed to the point of beginning and designed to accommodate deep draft28
ACT No. 471 SB NO. 528 ENROLLED
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container vessels and their cargoes, including all intermodal structures, property, and1
equipment used for transportation, and facilities directly related thereto and2
necessary or useful to the operation thereof, whether landward, onshore, or seaward3
of the main structures or facilities themselves, including any facility which is part of4
a gulf transfer container terminal.5
* * *6
§3495. Duties of board; officers; rules; meetings; quorum7
A. The board of commissioners shall be the governing body of the authority8
with full power to promulgate rules and regulations for the maintenance and9
operation of said authority but may defer certain matters to the executive board10
provided for in Subsection C of this Section for consideration and action. Any11
action taken by the executive board shall be ratified by the board of12
commissioners. Prior to the adoption of any rule or regulation for the maintenance13
and operation of said authority, such rule or regulation shall be subject to the14
approval of the House and Senate committees on transportation, highways, and15
public works and the Joint Legislative Committee on the Budget.16
* * *17
C. The commissioners shall elect a president, two vice presidents, a18
secretary, and a treasurer from among themselves the members of the board of19
commissioners to serve for a term of two years and who shall constitute the20
executive board.21
D. The executive director, as shall be chosen by the board of commissioners,22
shall be the secretary of the board.23
* * *24
F. The board of commissioners or the executive board shall meet at least25
once every ninety days, or upon the written request of three members, or upon the26
written request of the president. The board may, upon the affirmative vote of a27
majority of its members, extend the ninety-day time interval between regular28
meetings.29
G. All matters to be acted upon by the board of commissioners or the30 SB NO. 528 ENROLLED
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executive board shall require the affirmative vote of a majority of the board, with1
the exception that the affirmative vote of not less than ten commissioners shall be2
required to select the executive director.3
* * *4
§3499.1. Audit and inspection of records5
A. Any contract, agreement, memorandum of understanding, or6
cooperative endeavor agreement entered into in order to carry out the purposes7
of this Chapter by the authority with any other party, whether public or8
private, shall require the contracting party to tender their annual financial9
audit, including all documents required to be submitted to federal regulators,10
to the authority for each year the agreement is in effect.11
B. Any party to a contract listed in Subsection A of this Section shall12
allow the legislative auditor, the legislative auditor's authorized representatives,13
and the state of Louisiana, independently and with or through the authority, to14
inspect and audit all data and financial records of the contracting party related15
to its performance with respect to the contract, in accordance with the16
provisions set forth in R.S. 24:513 et seq.17
C. The rights of inspection and audit set forth in this Section shall18
commence as of the date of the contract and shall continue until four years have19
elapsed from the date the contract is terminated.20
Section 2. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: