SLS 16RS-137 ORIGINAL 2016 Regular Session SENATE BILL NO. 415 BY SENATOR GATTI WATER/WATERWAYS. Creates Lake Bisteneau Recreation and Water Conservation District. (8/1/16) 1 AN ACT 2 To enact Part XXXV of Chapter 13 of Title 38 of the Louisiana Revised Statutes of 1950, 3 to be comprised of R.S. 38:3087.361 through 3087.379, relative to Lake Bisteneau 4 in Bienville, Bossier, and Webster parishes; to create the Lake Bisteneau Recreation 5 and Water Conservation District as a political subdivision of the state; to create and 6 provide for a board of commissioners to manage the district; to provide for powers 7 and duties of the district and the board; to authorize the board to levy taxes, parcel 8 and other fees, issue bonds, and incur debt; to authorize the board to promulgate 9 rules and regulations to accomplish the purposes of the district; to provide for 10 penalties; to provide relative to the duties and powers of the Department of 11 Transportation and Development and the Louisiana Wildlife and Fisheries 12 Commission; to provide with respect to mineral leases; to provide for creation and 13 construction of playgrounds and recreational facilities; to provide for regulation of 14 commercial establishments; and to provide for related matters. 15 Notice of intention to introduce this Act has been published. 16 Be it enacted by the Legislature of Louisiana: 17 Section 1. Part XXXV of Chapter 13 of Title 38 of the Louisiana Revised Statutes Page 1 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 of 1950, to be comprised of R.S. 38:3087.361 through 3087.379 is hereby enacted to read 2 as follows: 3 PART XXXV. LAKE BISTENEAU RECREATION AND WATER 4 CONSERVATION DISTRICT 5 §3087.361. Creation 6 There is hereby created a recreation and water conservation district to 7 be known as the "Lake Bisteneau Recreation and Water Conservation District". 8 §3087.362. Location 9 The district shall be comprised of the watershed of Lake Bisteneau and 10 Dorcheat Bayou in the parishes of Bienville, Bossier and Webster. 11 §3087.363. District as political subdivision and body corporate; purpose and 12 powers 13 A. The district shall be a political subdivision of the state of Louisiana, 14 which shall have for its purpose the preservation, promotion, and development 15 of the wealth and natural resources of the district by the conservation of the soil 16 and water of Lake Bisteneau for agricultural, recreational, commercial, and 17 sanitary purposes and by the regulation of aquatic plant growth. 18 B. It shall constitute a body corporate in law with all powers, rights, 19 privileges, and immunities of a corporation. It shall have the power to sue and 20 be sued, to buy and sell, to levy taxes, to negotiate and execute contracts, and to 21 incur debts and issue negotiable bonds in payment thereof under and in 22 accordance with law. It shall have the authority to acquire by purchase, 23 donation, or otherwise every type and specie of property, including servitudes 24 and rights-of-use, necessary to its purpose, and to lease, build, operate, and 25 maintain any works or machinery designed to accomplish the purposes of the 26 district. 27 C. It shall have complete control over the supply of fresh water from 28 Lake Bisteneau which shall be administered for the benefit of the persons 29 residing or owning property within the district, and if it should be for the Page 2 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 benefit of the district, it shall have the authority to sell such water for irrigation, 2 municipal, and industrial uses both within and outside the district. However, the 3 district shall have no authority to regulate or control any use by any 4 municipality, district, or other person of such water supply which use was being 5 made by such municipality, district, or other person on June 30, 2016, including 6 no authority to charge or collect any fee or charge therefor. 7 D. The district may cooperate and contract with the government of the 8 United States or any department or agency thereof and accept grants and 9 donations of property and money therefrom. It may cooperate with the state of 10 Louisiana or any political subdivision, department, agency, or corporation of 11 the state for the management of the waters of Lake Bisteneau and the 12 construction, operation, and maintenance of facilities designed to accomplish 13 the purpose for which the district is created on any basis including the matching 14 of funds and by participating in projects authorized by any federal or state law 15 as it shall see fit. 16 §3087.364. Board of commissioners, appointment; tenure; vacancies; removal 17 of members; compensation; domicile 18 A. The district shall be governed and controlled by a board of fifteen 19 commissioners, each of whom shall be a qualified elector of Bienville, Bossier, 20 or Webster parishes, or a landowner of the district. 21 B.(1) The members of the board of commissioners shall be appointed by 22 the governor upon advice and consent of the Senate. 23 (2) The members shall be appointed from a list of nominations submitted 24 by the area legislators in the following manner: 25 (a) The state senator representing Senate district thirty-six shall submit 26 a list of twelve nominees and the governor shall select six as members. 27 (b) The state representative representing House district nine shall submit 28 a list of six nominees who shall be either a qualified elector of Bossier Parish or 29 a landowner within the Bossier Parish portion of the district, and the governor Page 3 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 shall select three as members. 2 (c) The state representative representing House district ten shall submit 3 a list of six nominees who shall be either a qualified elector of Webster Parish 4 or a landowner within the Webster Parish portion of the district, and the 5 governor shall select three as members. 6 (d) The state representative representing House district thirteen shall 7 submit a list of six nominees who shall be either a qualified elector of Bienville 8 Parish or a landowner within the Bienville Parish portion of the district, and the 9 governor shall select three as members. 10 (3) All commissioners shall be appointed for a four-year term concurrent 11 with the term of the governor. 12 (4) A commissioner may not serve more than two consecutive complete 13 or partial terms. Any vacancy in the office of commissioner due to death, 14 resignation, or any other cause other than expiration of a term of office shall be 15 filled by the president of the board with majority approval of the board for the 16 remainder of the unexpired term. 17 C. Members of the board of commissioners shall receive no 18 compensation for their services. 19 D. Any member of the board who has accumulated three consecutive 20 unexcused absences or who has neglected his official duties as a commissioner 21 shall be removed for cause. A written recommendation of removal, approved 22 by a majority of the membership of the board, shall be submitted to the 23 governor. Upon receipt of such recommendation, the governor shall remove the 24 commissioner and appoint his successor. 25 E. The board shall be domiciled within the boundaries of the district. 26 §3087.365. Oaths 27 Before entering upon his official duties, each member of the board of 28 commissioners shall take the oath of office provided by Article X, Section 30 of 29 the Constitution of Louisiana before an officer authorized by law to administer Page 4 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 oaths. 2 §3087.366. Election of officers 3 Immediately after the members of the board of commissioners have been 4 appointed, or as soon thereafter as is practicable, they shall meet and organize 5 by electing from their number a president, vice president, and secretary who 6 shall perform the duties normally required of such officers. 7 §3087.367. Powers of the board 8 A. In order to accomplish the purposes for which the district is created, 9 the board of commissioners may: 10 (1) Purchase, acquire by donation, hold, sell, and convey immovable and 11 movable property and execute such contracts as it may deem necessary or 12 convenient to enable it to properly carry out the purposes for which it is 13 created. 14 (2) Acquire servitudes and rights-of-use by purchase, by donation, and 15 by assignment for the district or otherwise. 16 (3) Assist in conserving soil and water and in developing the water 17 resources of the district, provided nothing shall be done to interfere with 18 districts or municipalities previously organized under Louisiana law. 19 (4) Cooperate with the state Department of Transportation and 20 Development and other state agencies in the maintenance or improvement and 21 the construction of any works or improvements for the control, retention, 22 diversion, or utilization of water or to retard runoff of water and soil erosion; 23 in the construction of any ditch, channel improvement, dike, dam, or levee; and 24 in the repair, improvement, and maintenance of any of said improvements or 25 structures. 26 (5) Manage and control the water level and make recommendations to 27 the Wildlife and Fisheries Commission regarding lake drawdowns for biological 28 purposes and aquatic plant control. 29 (6) Employ and hire secretarial, clerical, and other such personnel as Page 5 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 may be necessary in the operation of the business of the district and fix their 2 compensation; employ engineers, attorneys, and other professional personnel 3 as necessary and fix their compensation. The district shall not be deemed to be 4 an instrumentality of the state for purposes of Article X, Section 1(A) of the 5 Constitution of Louisiana. 6 (7) Levy taxes, issue bonds, and incur indebtedness within the limitations 7 prescribed by the constitution and laws of Louisiana and in the manner 8 prescribed thereby. 9 (8) Cooperate and contract with persons, firms, associations, 10 partnerships, private corporations, cities of this state, or other public 11 corporations, and with any other local, state, or federal agencies for the sale or 12 use of any waters impounded by the district. 13 (9) Grant franchises to telephone, telegraph, cable, and electric power 14 companies and grant franchises for the purposes of laying gas, sewer, electricity, 15 or other utilities to supply the inhabitants or any person or corporation with 16 gas, water, sewerage, and electricity when such construction is within the 17 district. Nothing contained in this Part shall affect the vested rights of any 18 corporation which, pursuant to R.S. 45:781(A), has constructed prior to June 19 30, 2016, and maintains and operates telegraph, telephone, and other lines for 20 the transmission of intelligence. 21 (10) Appoint, hire, designate, and empower wardens, rangers, patrols, 22 and such other personnel as may be deemed necessary by the board for the 23 enforcement of such regulations as may be promulgated and adopted by said 24 board. 25 (11) Do and perform any and all things necessary or incidental to the 26 fulfillment of the purposes for which the district is created. 27 B. The Lake Bisteneau Recreation and Water Conservation District may 28 have, with respect to the improvements and facilities maintenance of the 29 district, the advice of the Department of Transportation and Development, and Page 6 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 it may request from time to time the assistance of the department to make such 2 surveys, inspections, and investigations, render such reports, estimates, and 3 recommendations, and furnish such plans and specifications as the board of 4 commissioners of the district may request. 5 C. The district may incur debt for any one or more of its lawful 6 purposes, issue in its name negotiable bonds or certificates of indebtedness 7 evidencing such debt, and provide for the security and payment thereof as 8 follows: 9 (1) To issue certificates of indebtedness maturing within one year from 10 date of issuance to evidence money borrowed in anticipation of current revenues 11 for the administration, operation, construction, and maintenance costs and 12 expenses of the district, which certificates shall be payable in principal and 13 interest from any available income, revenues, fees, or taxes pledged to their 14 payment by the district. 15 (2) To issue bonds substantially in the manner set forth in Article VI of 16 the Constitution of Louisiana, and other authority supplemental thereto, 17 particularly Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana 18 Revised Statutes of 1950. Such bonds shall be payable from an ad valorem tax 19 on all taxable property in the district sufficient to pay such bonds in principal 20 and interest when approved by vote of a majority in number of the qualified 21 electors voting on the proposition at an election held for that purpose. Such 22 bonds shall be issued in the manner provided by the law pursuant to which they 23 are being issued, and the maximum interest rate for the bonds shall be that 24 prescribed by such law. The bonds shall be issued in such amount or amounts 25 as the board of commissioners shall determine. However, the principal amount 26 of all such bonds outstanding as of the date of the issuance of any new bonds 27 shall never exceed ten percent of the assessed valuation of the taxable property 28 within the district, to be ascertained by the last assessment roll of record in 29 Bienville, Bossier, and Webster parishes. Page 7 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 (3) The district shall have additional authority to levy taxes under the 2 provisions of Article VI, Section 32 of the Constitution of Louisiana, for the 3 purpose of improving, operating, and maintaining its facilities, provided any 4 such tax shall first be approved at an election held for said purpose in 5 accordance with the Louisiana Election Code. 6 (4) The copy of any resolution levying a tax, certified by the secretary of 7 the board of commissioners of said district, shall be transmitted to the tax 8 assessors of Bienville, Bossier, and Webster parishes on or before the first of the 9 year in which the tax is to be assessed and collected, and it shall be the duty of 10 the assessor to assess the tax and extend the same upon the tax rolls of the 11 parish. The tax shall be collected by the sheriff and ex officio tax collectors of 12 Bienville, Bossier, and Webster parishes in the same manner as taxes levied by 13 the parishes. Taxes assessed shall constitute the same liens upon the property 14 assessed, shall bear the same penalties, and collection thereof shall be enforced 15 in the same manner and at the same time as parish taxes. 16 §3087.368. Parcel fee 17 A.(1) The Lake Bisteneau Recreation and Water Conservation District 18 may levy and collect a parcel fee on improved parcels within its boundaries. The 19 parcel fee shall be imposed by resolution or ordinance of the board of 20 commissioners of the district only after the question of the imposition of the 21 parcel fee and the purpose, rate, and duration of such fee has been approved by 22 a majority of the qualified electors of the district voting at an election held 23 therein. The proceeds from the levy of said parcel fee shall be expended for costs 24 of operation of the district, including management and control of water levels 25 and aquatic plant growth within the district and protection and preservation of 26 the works, improvements, and properties owned or controlled by the district, 27 prescribing the manner of their use by public corporations and persons, and 28 preserving order within and adjacent thereto. Any parcel fee imposed pursuant 29 to this Section shall be levied and collected and be due and owing annually. Such Page 8 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 fee may be carried on the tax rolls for Bienville, Bossier, and Webster parishes 2 and collected at the same time as parish ad valorem taxes. 3 (2) If any parcel fee is not paid when due, the district shall proceed 4 against the parcel for collection of the amount of the fee unpaid and delinquent, 5 any collection costs incurred by the district plus interest at a rate not exceeding 6 twelve percent on the unpaid amount of the parcel fee, and in the event legal 7 proceedings are necessary to effect collection, court costs, and reasonable 8 attorney fees. However, attorney fees shall be payable by the parcel owner only 9 if demand by the board of commissioners has been made on said owner by 10 certified mail, and such parcel owner has failed to pay the amount due within 11 ten days after such demand. 12 (3) A judgment obtained for nonpayment of a parcel fee, upon being 13 recorded in the mortgage records of Bienville, Bossier, or Webster parishes , 14 shall prime all other liens except those for taxes and prior recorded local or 15 special assessments. If there are one or more property mortgages on such parcel 16 and the mortgage holder or holders have notified the tax collector in the parish 17 of such recorded mortgage in accordance with the requirements of R.S. 18 47:2180.1, the district, prior to proceeding against such parcel for failure to pay 19 a parcel fee, shall give notice to each mortgagee of the amount of the parcel fee 20 due and owing on such parcel and that such fee must be paid within twenty days 21 after mailing the notice or proceedings will be commenced against the parcel. 22 The notice shall be sent to each such mortgage holder by certified mail, return 23 receipt requested, or by personal or domiciliary service on such mortgage 24 holder. 25 B.(1) The district may incur debt and issue bonds payable from an 26 irrevocable pledge and dedication of all or a portion of the proceeds of the 27 parcel fee, provided that the question of funding said proceeds into bonds shall 28 have been approved by a majority vote of the qualified electors of the district 29 voting at an election held therein and the State Bond Commission has approved Page 9 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 the issuance of the bonds. The question or proposition with respect to the 2 funding of the proceeds of the parcel fee may be submitted at a separate election 3 held for that purpose. The maturities of the bonds shall be so arranged that the 4 total amount of principal and interest falling due in such year on all bonds 5 theretofore issued payable from such parcel fee shall not exceed eighty percent 6 of the estimated proceeds to be received from the levy of such parcel fee in the 7 calendar year in which the bonds are issued. 8 (2) The bonds may be sold at public or private sale and shall be issued 9 pursuant to the provisions of a resolution adopted by the board of 10 commissioners of the district, provided the bonds shall mature over a period not 11 to exceed the period for which the parcel fee, the proceeds of which are to be 12 used to pay principal and interest on the bonds, is authorized. The bonds and 13 the income therefrom shall be exempt from taxation by the state and by any 14 parish, municipality, or political subdivision thereof. 15 C. The district may incur debt and issue certificates of indebtedness 16 pursuant to the provisions of R.S. 33:2921 through 2925, subject to the approval 17 of the State Bond Commission. 18 D.(1) A "parcel" as used in this Section shall mean one or more lots, 19 subdivided portions of ground, or individual tracts identified by an individual 20 assessment number on the assessment rolls of Bienville, Bossier, or Webster 21 parishes. A partial owner of a parcel shall be responsible for that proportion of 22 the parcel fee equal to the proportion of the value of the entire parcel assigned 23 to the partial owner on the assessment roll. 24 (2) An "improved parcel" as used in this Section shall mean a parcel on 25 which a permanent building suitable for residential or commercial use is 26 situated. 27 E. The district may create different classes of real estate and present to 28 the voters a proposition to levy or impose different parcel fees for each class. 29 §3087.369. Vessel fees Page 10 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 The Lake Bisteneau Recreation and Water Conservation District may 2 levy and collect a vessel fee on vessels operating within the boundaries of the 3 district. The vessel fee shall be imposed by resolution or ordinance of the board 4 of commissioners of the district only after the question of the imposition of the 5 vessel fee and the purpose, rate, and duration of such fee has been approved by 6 a majority of the qualified electors of the district voting at an election held 7 therein. The proceeds from the levy of said vessel fee shall be expended for costs 8 of operation of the district, including management and control of water levels 9 and aquatic plant growth within the district and protection and preservation of 10 the works, improvements, and properties owned or controlled by the district, 11 prescribing the manner of their use by public corporations and persons, and 12 preserving order within and adjacent thereto. 13 §3087.370. Rules and regulations 14 A. In order to accomplish the purposes of the district, the board of 15 commissioners may make and enforce such rules and regulations as it shall 16 deem necessary and advisable: 17 (1) To protect and preserve the works, improvements, and properties 18 owned or controlled by the district, prescribe the manner of their use by public 19 corporations and persons, and preserve order within and adjacent thereto. 20 (2) To prescribe the manner of building bridges, piers, boathouses, 21 seawalls, roads, and fences, including fences for the control of livestock or other 22 works in, along, or across any channel or extending into the lake. 23 (3) To prescribe the manner in which natural or artificial drains, ditches, 24 sewers, pipelines, or other works shall be adjusted to or connected with the 25 works of the district or any watercourse therein and the manner in which the 26 watercourses of the district may be used for sewer outlets for disposal of waste. 27 (4) Pursuant to and in accordance with any statewide laws for the 28 management, protection, or regulation of surface water, to prescribe the 29 permissible uses of the water supply provided by the lake and to prevent the Page 11 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 pollution or unnecessary waste of such water supply. 2 (5) To prescribe or regulate the discharge into sewers of the district of 3 any liquid or solid waste deemed detrimental to the works and improvements 4 of the district. 5 (6) To establish rules and regulations and cause them to be enforced with 6 regard to activities engaged in upon Lake Bisteneau that are not regulated by 7 the Louisiana Wildlife and Fisheries Commission. 8 B. The board shall make recommendations to the Louisiana Wildlife and 9 Fisheries Commission for proposed regulations pertaining to hunting, fishing, 10 trapping, water sports, boating, and the operation of any watercraft upon the 11 proposed lake. 12 §3087.371. Construction which would impede flow of water in lake prohibited; 13 pollution defined and prohibited; penalties fixed for violations 14 A.(1) No person or public corporation shall erect within the drainage 15 area of the district any dam or reservoir upon any stream or watercourse which 16 will affect the lake until a copy of the plans thereof has been filed with the board 17 of commissioners and approved. 18 (2) Whoever violates this Subsection shall be fined not less than five 19 hundred dollars nor more than one thousand dollars or imprisoned for not 20 more than sixty days, or both. 21 B.(1) No person shall knowingly and willfully empty or drain or permit 22 to be drained from any pump, reservoir, well, or oil field into any stream or 23 drain constituting the watershed of the lake, or from any stream within said 24 district into said lake any oil, salt water, or other noxious, toxic, hazardous, or 25 poisonous gas, liquid, or substance that would render the water unfit for 26 irrigation or human consumption or would destroy aquatic life in the lake. 27 (2) Each and every day that oil, salt water, or any other substance 28 described in Paragraph (1) of this Subsection is permitted to flow into natural 29 streams or drains that constitute the watershed of the lake shall constitute a Page 12 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 separate and distinct offense. 2 (3) Whoever violates this Subsection shall be fined not less than one 3 hundred dollars nor more than one thousand dollars or imprisoned for not 4 more than three months, or both. 5 C.(1) No person shall: 6 (a) Obstruct drainage channels which compose any drain or stream 7 flowing into the lake by bridging them except in accordance with plans, 8 specifications, and instructions prescribed by the board of commissioners of the 9 district. 10 (b) Construct dams, locks, or gates in drainage channels of the watershed 11 of the lake or into the lake itself without permission of the commission. 12 (c) Anchor rafts, crafts, fish traps, fish cars, and other obstacles in the 13 channel of any stream, drain, or natural flow of the feeder streams of the 14 watershed of the lake or the lake itself. Nothing in this Section shall prohibit the 15 temporary and otherwise lawful anchorage of boats and watercraft or the 16 otherwise lawful use of legal fishing gear. 17 (d) Float timber in the watershed of the lake. 18 (2) Whoever violates this Subsection shall be fined not less than five 19 hundred dollars nor more than one thousand dollars or imprisoned for not 20 more than sixty days, or both. 21 D.(1) No proprietor, owner, lessee, or possessor of land abutting upon the 22 lake or along any public road paralleling the water line or contiguous to the lake 23 shall in any manner close or place any obstruction in any drain or ditch, 24 whether on private property or on the public road or levee adjacent to the road, 25 that will in any manner interfere with the effective, thorough, and continuous 26 drainage into the lake. 27 (2) Whoever violates this Subsection shall be fined not less than five 28 hundred dollars nor more than one thousand dollars or imprisoned for not 29 more than sixty days, or both. Page 13 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 §3087.372. Supervision by Department of Transportation and Development 2 All of the powers and duties relative to construction and letting of 3 contracts for construction required to be advertised by R.S. 38:2211 and 2212 4 conferred upon the district shall be subject to and exercised under the 5 supervisory control of the Department of Transportation and Development of 6 the state of Louisiana, which department shall furnish to the district such 7 engineering services as it shall require and may cooperate with the district in 8 the construction of any work or facility considered necessary by the district and 9 said department to the purposes of the district. 10 §3087.373. Contracts let by board 11 Any and all contracts of the district shall be let by the board of 12 commissioners under the provisions of R.S. 38:2181 et seq. 13 §3087.374. Mineral rights 14 Whenever it shall become necessary for the district or the Department 15 of Transportation and Development to acquire full ownership of any land for 16 the purpose of constructing any work or facility within the district, the owner 17 thereof on his own behalf or on behalf of his assigns in the event of a prior 18 assignment may retain the mineral rights to such property together with the 19 right to grant mineral leases and servitudes thereon. No form of prescription 20 shall divest such owner or his assigns of these rights so long as the district or a 21 department or agency of the state retains the ownership of the property, but 22 should ownership pass into private hands, the prescription of nonuse provided 23 by R.S. 31:27 shall apply as in the usual case. 24 §3087.375. Tax exemption; mineral leases unabridged 25 Should the district or the Department of Transportation and 26 Development acquire a servitude, right-of-use, or title in full ownership to 27 immovable property or any other property, such property shall not be subject 28 to any ad valorem tax or tax of any nature by the state of Louisiana or any 29 political subdivision thereof so long as such property is used for the purposes Page 14 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 of the district. The provisions of this Part shall in no way abridge the right of 2 any individual, person, firm, or corporation from whom a servitude or right-of- 3 use may have been acquired to lease the land subject thereto for the production 4 of oil, gas, or other minerals and to produce or cause to be produced oil, gas, or 5 other minerals from such property so long as said leases are subject to the terms 6 and conditions of the servitude executed in favor of the commission. 7 §3087.376. Playgrounds, parks, and other facilities 8 The board of commissioners may cause to be created and constructed 9 playgrounds, picnic grounds, grounds for recreation, parks, and any and all 10 other facilities to accommodate the public and to provide adequate access to the 11 lake, as may, within the opinion of the board, become necessary. The board of 12 commissioners shall also provide for the construction of public access boat 13 ramps in the district to allow for and maintain public access to Lake Bisteneau 14 for recreational purposes. 15 §3087.377. Regulation of commercial establishments 16 A. The board of commissioners may: 17 (1) Establish and cause to be enforced rules and regulations pertaining 18 to all commercial establishments that may be constructed for the purpose of 19 making commercial use of the lake or its facilities. 20 (2) License and permit such establishments and levy and collect a fee, to 21 be fixed by the commission, for the privilege of making commercial use of the 22 facilities of the lake. 23 B. The rules and regulations established and promulgated by the board 24 of commissioners pursuant to this Section shall provide penalties for any 25 commercial establishment operating without a permit or license. 26 §3087.378. Audit 27 The district shall be audited pursuant to R.S. 24:513. 28 §3087.379. State departments; authority of corporation 29 Nothing in this Part shall be construed to impede or interfere with the Page 15 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 415 SLS 16RS-137 ORIGINAL 1 control and supervision of the wildlife of the state by the Louisiana Wildlife and 2 Fisheries Commission or the regulatory authority of the Department of 3 Environmental Quality and its officers. The Department of Wildlife and 4 Fisheries and the Department of Environmental Quality shall assist the board 5 of commissioners in the conduct of its duties and functions and the board shall 6 advise and consult with the departments in matters relating to their respective 7 powers and responsibilities. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Alan Miller. DIGEST SB 415 Original 2016 Regular Session Gatti Proposed law creates the Lake Bisteneau Recreation and Water Conservation District as a political subdivision of the state for the purpose of the preservation, promotion, and development of the wealth and natural resources of the district by the conservation of the soil and water of Lake Bisteneau for agricultural, recreational, commercial, and sanitary purposes and by the regulation of aquatic plant growth. Proposed law creates a board of commissioners to manage the district consisting of fifteen commissioners, each of whom must be a qualified elector of Bienville, Bossier, or Webster parishes or own land in the district. Proposed law provides for powers and duties of the district and the board. Proposed law authorizes the board to levy taxes, parcel and other fees, issue bonds, and incur debt for the benefit of the district. Proposed law authorizes the board to promulgate rules and regulations to accomplish the purposes of the district. Effective August 1, 2016. (Adds R.S. 38:3087.361 through 3087.379) Page 16 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.