SLS 16RS-137 ENGROSSED 2016 Regular Session SENATE BILL NO. 415 BY SENATOR GATTI WATER/WATERWAYS. Creates Lake Bistineau 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 Bistineau 4 in Bienville, Bossier, and Webster Parishes; to create the Lake Bistineau 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 ENGROSSED 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 BISTINEAU 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 Bistineau Recreation and Water Conservation District". 8 §3087.362. Location 9 The district shall be comprised of the watershed of Lake Bistineau 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 Bistineau 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 or 23 donation every type and specie of property, including servitudes and rights-of- 24 use, necessary to its purpose, and to lease, build, operate, and maintain any 25 works or machinery designed to accomplish the purposes of the district. 26 C. It shall have complete control over the supply of fresh water from 27 Lake Bistineau which shall be administered for the benefit of the persons 28 residing or owning property within the district, and if it should be for the 29 benefit of the district, it shall have the authority to sell such water for irrigation, 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 ENGROSSED 1 municipal, and industrial uses both within and outside the district. However, the 2 district shall have no authority to regulate or control any use by any 3 municipality, district, or other person of such water supply which use was being 4 made by such municipality, district, or other person on June 30, 2016, including 5 no authority to charge or collect any fee or charge therefor. 6 D. The district may cooperate and contract with the government of the 7 United States or any department or agency thereof and accept grants and 8 donations of property and money therefrom. It may cooperate with the state of 9 Louisiana or any political subdivision, department, agency, or corporation of 10 the state for the management of the waters of Lake Bistineau and the 11 construction, operation, and maintenance of facilities designed to accomplish 12 the purpose for which the district is created on any basis including the matching 13 of funds and by participating in projects authorized by any federal or state law 14 as it shall see fit. 15 §3087.364. Board of commissioners, appointment; tenure; vacancies; removal 16 of members; compensation; domicile 17 A. The district shall be governed and controlled by a board of fifteen 18 commissioners, each of whom shall be a qualified elector of Bienville, Bossier, 19 or Webster Parishes, or a landowner of the district. 20 B.(1) The members of the board of commissioners shall be appointed by 21 the governor upon advice and consent of the Senate. 22 (2) The members shall be appointed from a list of nominations submitted 23 by the area legislators in the following manner: 24 (a) The state senator representing Senate district thirty-six shall submit 25 a list of twelve nominees and the governor shall select six as members. 26 (b) The state representative representing House district nine shall submit 27 a list of six nominees who shall be either a qualified elector of Bossier Parish or 28 a landowner within the Bossier Parish portion of the district, and the governor 29 shall select three as members. 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 ENGROSSED 1 (c) The state representative representing House district ten shall submit 2 a list of six nominees who shall be either a qualified elector of Webster Parish 3 or a landowner within the Webster Parish portion of the district, and the 4 governor shall select three as members. 5 (d) The state representative representing House district thirteen shall 6 submit a list of six nominees who shall be either a qualified elector of Bienville 7 Parish or a landowner within the Bienville Parish portion of the district, and the 8 governor shall select three as members. 9 (3) All commissioners shall be appointed for a four-year term concurrent 10 with the term of the governor. 11 (4) A commissioner may not serve more than two consecutive complete 12 or partial terms. Any vacancy in the office of commissioner due to death, 13 resignation, or any other cause other than expiration of a term of office shall be 14 filled by the president of the board with majority approval of the board for the 15 remainder of the unexpired term. 16 C. Members of the board of commissioners shall receive no 17 compensation for their services. 18 D. Any member of the board who has accumulated three consecutive 19 unexcused absences or who has neglected his official duties as a commissioner 20 shall be removed for cause. A written recommendation of removal, approved 21 by a majority of the membership of the board, shall be submitted to the 22 governor. Upon receipt of such recommendation, the governor shall remove the 23 commissioner and appoint his successor. 24 E. The board shall be domiciled within the boundaries of the district. 25 §3087.365. Oaths 26 Before entering upon his official duties, each member of the board of 27 commissioners shall take the oath of office provided by Article X, Section 30 of 28 the Constitution of Louisiana before an officer authorized by law to administer 29 oaths. 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 ENGROSSED 1 §3087.366. Election of officers 2 Immediately after the members of the board of commissioners have been 3 appointed, or as soon thereafter as is practicable, they shall meet and organize 4 by electing from their number a president, vice president, and secretary who 5 shall perform the duties normally required of such officers. 6 §3087.367. Powers of the board 7 A. In order to accomplish the purposes for which the district is created, 8 the board of commissioners may: 9 (1) Purchase, acquire by donation, hold, sell, and convey immovable and 10 movable property and execute such contracts as it may deem necessary or 11 convenient to enable it to properly carry out the purposes for which it is 12 created. 13 (2) Acquire servitudes and rights-of-use by purchase, by donation, and 14 by assignment for the district. 15 (3) Assist in conserving soil and water and in developing the water 16 resources of the district, provided nothing shall be done to interfere with 17 districts or municipalities previously organized under Louisiana law. 18 (4) Cooperate with the Department of Transportation and Development 19 and other state agencies in the maintenance or improvement and the 20 construction of any works or improvements for the control, retention, diversion, 21 or utilization of water or to retard runoff of water and soil erosion; in the 22 construction of any ditch, channel improvement, dike, dam, or levee; and in the 23 repair, improvement, and maintenance of any of said improvements or 24 structures. 25 (5) Manage and control the water level and make recommendations to 26 the Louisiana Wildlife and Fisheries Commission regarding lake drawdowns for 27 biological purposes and aquatic plant control. 28 (6) Employ and hire secretarial, clerical, and other such personnel as 29 may be necessary in the operation of the business of the district and fix their 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 ENGROSSED 1 compensation; employ engineers, attorneys, and other professional personnel 2 as necessary and fix their compensation. The district shall not be deemed to be 3 an instrumentality of the state for purposes of Article X, Section 1(A) of the 4 Constitution of Louisiana. 5 (7) Levy taxes, issue bonds, and incur indebtedness within the limitations 6 prescribed by the constitution and laws of Louisiana and in the manner 7 prescribed thereby. 8 (8) Cooperate and contract with persons, firms, associations, 9 partnerships, private corporations, cities of this state, or other public 10 corporations, and with any other local, state, or federal agencies for the sale or 11 use of any waters impounded by the district. 12 (9) Appoint, hire, designate, and empower wardens, rangers, patrols, and 13 such other personnel as may be deemed necessary by the board for the 14 enforcement of such regulations as may be promulgated and adopted by said 15 board. 16 (10) Do and perform any and all things necessary or incidental to the 17 fulfillment of the purposes for which the district is created. 18 B. The Lake Bistineau Recreation and Water Conservation District may 19 have, with respect to the improvements and facilities maintenance of the 20 district, the advice of the Department of Transportation and Development, and 21 it may request from time to time the assistance of the department to make such 22 surveys, inspections, and investigations, render such reports, estimates, and 23 recommendations, and furnish such plans and specifications as the board of 24 commissioners of the district may request. 25 C. The district may incur debt for any one or more of its lawful 26 purposes, issue in its name negotiable bonds or certificates of indebtedness 27 evidencing such debt, and provide for the security and payment thereof as 28 follows: 29 (1) To issue certificates of indebtedness maturing within one year from 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 ENGROSSED 1 date of issuance to evidence money borrowed in anticipation of current revenues 2 for the administration, operation, construction, and maintenance costs and 3 expenses of the district, which certificates shall be payable in principal and 4 interest from any available income, revenues, fees, or taxes pledged to their 5 payment by the district. 6 (2) To issue bonds substantially in the manner set forth in Article VI of 7 the Constitution of Louisiana, and other authority supplemental thereto, 8 particularly Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana 9 Revised Statutes of 1950. Such bonds shall be payable from an ad valorem tax 10 on all taxable property in the district sufficient to pay such bonds in principal 11 and interest when approved by vote of a majority in number of the qualified 12 electors voting on the proposition at an election held for that purpose. Such 13 bonds shall be issued in the manner provided by the law pursuant to which they 14 are being issued, and the maximum interest rate for the bonds shall be that 15 prescribed by such law. The bonds shall be issued in such amount or amounts 16 as the board of commissioners shall determine. However, the principal amount 17 of all such bonds outstanding as of the date of the issuance of any new bonds 18 shall never exceed ten percent of the assessed valuation of the taxable property 19 within the district, to be ascertained by the last assessment roll of record in 20 Bienville, Bossier, and Webster Parishes. 21 (3) The district shall have additional authority to levy taxes under the 22 provisions of Article VI, Section 32 of the Constitution of Louisiana, for the 23 purpose of improving, operating, and maintaining its facilities, provided any 24 such tax shall first be approved at an election held for said purpose in 25 accordance with the Louisiana Election Code. 26 (4) The copy of any resolution levying a tax, certified by the secretary of 27 the board of commissioners of said district, shall be transmitted to the tax 28 assessors of Bienville, Bossier, and Webster Parishes on or before the first of the 29 year in which the tax is to be assessed and collected, and it shall be the duty of 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 ENGROSSED 1 the assessor to assess the tax and extend the same upon the tax rolls of the 2 parish. The tax shall be collected by the sheriff and ex officio tax collectors of 3 Bienville, Bossier, and Webster Parishes in the same manner as taxes levied by 4 the parishes. Taxes assessed shall constitute the same liens upon the property 5 assessed, shall bear the same penalties, and collection thereof shall be enforced 6 in the same manner and at the same time as parish taxes. 7 §3087.368. Parcel fee 8 A.(1) The Lake Bistineau Recreation and Water Conservation District 9 may levy and collect a parcel fee on improved parcels within its boundaries. The 10 parcel fee shall be imposed by resolution or ordinance of the board of 11 commissioners of the district only after the question of the imposition of the 12 parcel fee and the purpose, rate, and duration of such fee has been approved by 13 a majority of the qualified electors of the district voting at an election held 14 therein. The proceeds from the levy of said parcel fee shall be expended for costs 15 of operation of the district, including management and control of water levels 16 and aquatic plant growth within the district and protection and preservation of 17 the works, improvements, and properties owned or controlled by the district, 18 prescribing the manner of their use by public corporations and persons, and 19 preserving order within and adjacent thereto. Any parcel fee imposed pursuant 20 to this Section shall be levied and collected and be due and owing annually. Such 21 fee may be carried on the tax rolls for Bienville, Bossier, and Webster Parishes 22 and collected at the same time as parish ad valorem taxes. 23 (2) If any parcel fee is not paid when due, the district shall proceed 24 against the parcel for collection of the amount of the fee unpaid and delinquent, 25 any collection costs incurred by the district plus interest at a rate not exceeding 26 twelve percent on the unpaid amount of the parcel fee, and in the event legal 27 proceedings are necessary to effect collection, court costs, and reasonable 28 attorney fees. However, attorney fees shall be payable by the parcel owner only 29 if demand by the board of commissioners has been made on said owner by 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 ENGROSSED 1 certified mail, and such parcel owner has failed to pay the amount due within 2 ten days after such demand. 3 (3) A judgment obtained for nonpayment of a parcel fee, upon being 4 recorded in the mortgage records of Bienville, Bossier, or Webster Parishes, 5 shall prime all other liens except those for taxes and prior recorded local or 6 special assessments. If there are one or more property mortgages on such parcel 7 and the mortgage holder or holders have notified the tax collector in the parish 8 of such recorded mortgage in accordance with the requirements of R.S. 47:2159, 9 the district, prior to proceeding against such parcel for failure to pay a parcel 10 fee, shall give notice to each mortgagee of the amount of the parcel fee due and 11 owing on such parcel and that such fee must be paid within twenty days after 12 mailing the notice or proceedings will be commenced against the parcel. The 13 notice shall be sent to each such mortgage holder by certified mail, return 14 receipt requested, or by personal or domiciliary service on such mortgage 15 holder. 16 B.(1) The district may incur debt and issue bonds payable from an 17 irrevocable pledge and dedication of all or a portion of the proceeds of the 18 parcel fee, provided that the question of funding said proceeds into bonds shall 19 have been approved by a majority vote of the qualified electors of the district 20 voting at an election held therein and the State Bond Commission has approved 21 the issuance of the bonds. The question or proposition with respect to the 22 funding of the proceeds of the parcel fee may be submitted at a separate election 23 held for that purpose. The maturities of the bonds shall be so arranged that the 24 total amount of principal and interest falling due in such year on all bonds 25 theretofore issued payable from such parcel fee shall not exceed eighty percent 26 of the estimated proceeds to be received from the levy of such parcel fee in the 27 calendar year in which the bonds are issued. 28 (2) The bonds may be sold at public or private sale and shall be issued 29 pursuant to the provisions of a resolution adopted by the board of 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 ENGROSSED 1 commissioners of the district, provided the bonds shall mature over a period not 2 to exceed the period for which the parcel fee, the proceeds of which are to be 3 used to pay principal and interest on the bonds, is authorized. The bonds and 4 the income therefrom shall be exempt from taxation by the state and by any 5 parish, municipality, or political subdivision thereof. 6 C. The district may incur debt and issue certificates of indebtedness 7 pursuant to the provisions of R.S. 33:2921 through 2925, subject to the approval 8 of the State Bond Commission. 9 D.(1) A "parcel" as used in this Section shall mean one or more lots, 10 subdivided portions of ground, or individual tracts identified by an individual 11 assessment number on the assessment rolls of Bienville, Bossier, or Webster 12 Parishes. A partial owner of a parcel shall be responsible for that proportion of 13 the parcel fee equal to the proportion of the value of the entire parcel assigned 14 to the partial owner on the assessment roll. 15 (2) An "improved parcel" as used in this Section shall mean a parcel on 16 which a permanent building suitable for residential or commercial use is 17 situated. 18 E. The district may create different classes of real estate and present to 19 the voters a proposition to levy or impose different parcel fees for each class. 20 §3087.369. Vessel fees 21 The Lake Bistineau Recreation and Water Conservation District may 22 levy and collect a vessel fee on vessels operating within the boundaries of the 23 district. The vessel fee shall be imposed by resolution or ordinance of the board 24 of commissioners of the district only after the question of the imposition of the 25 vessel fee and the purpose, rate, and duration of such fee has been approved by 26 a majority of the qualified electors of the district voting at an election held 27 therein. The proceeds from the levy of said vessel fee shall be expended for costs 28 of operation of the district, including management and control of water levels 29 and aquatic plant growth within the district and protection and preservation of 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 ENGROSSED 1 the works, improvements, and properties owned or controlled by the district, 2 prescribing the manner of their use by public corporations and persons, and 3 preserving order within and adjacent thereto. 4 §3087.370. Rules and regulations 5 A. In order to accomplish the purposes of the district, the board of 6 commissioners may make and enforce such rules and regulations as it shall 7 deem necessary and advisable: 8 (1) To protect and preserve the works, improvements, and properties 9 owned or controlled by the district, prescribe the manner of their use by public 10 corporations and persons, and preserve order within and adjacent thereto. 11 (2) To prescribe the manner of building bridges, piers, boathouses, 12 seawalls, roads, and fences, including fences for the control of livestock or other 13 works in, along, or across any channel or extending into the lake. 14 (3) To prescribe the manner in which natural or artificial drains, ditches, 15 sewers, pipelines, or other works shall be adjusted to or connected with the 16 works of the district or any watercourse therein and the manner in which the 17 watercourses of the district may be used for sewer outlets for disposal of waste. 18 (4) Pursuant to and in accordance with any statewide laws for the 19 management, protection, or regulation of surface water, to prescribe the 20 permissible uses of the water supply provided by the lake and to prevent the 21 pollution or unnecessary waste of such water supply. 22 (5) To prescribe or regulate the discharge into sewers of the district of 23 any liquid or solid waste deemed detrimental to the works and improvements 24 of the district. 25 (6) To establish rules and regulations and cause them to be enforced with 26 regard to activities engaged in upon Lake Bistineau that are not regulated by 27 the Louisiana Wildlife and Fisheries Commission. 28 B. The board shall make recommendations to the Louisiana Wildlife and 29 Fisheries Commission for proposed regulations pertaining to hunting, fishing, 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 ENGROSSED 1 trapping, water sports, boating, and the operation of any watercraft upon the 2 proposed lake. 3 §3087.371. Construction which would impede flow of water in lake prohibited; 4 pollution defined and prohibited; penalties fixed for violations 5 A.(1) No person or public corporation shall erect within the drainage 6 area of the district any dam or reservoir upon any stream or watercourse which 7 will affect the lake until a copy of the plans thereof has been filed with the board 8 of commissioners and approved. 9 (2) Whoever violates this Subsection shall be fined not less than five 10 hundred dollars nor more than one thousand dollars or imprisoned for not 11 more than sixty days, or both. 12 B.(1) No person shall knowingly and willfully empty or drain or permit 13 to be drained from any pump, reservoir, well, or oil field into any stream or 14 drain constituting the watershed of the lake, or from any stream within said 15 district into said lake any oil, salt water, or other noxious, toxic, hazardous, or 16 poisonous gas, liquid, or substance that would render the water unfit for 17 irrigation or human consumption or would destroy aquatic life in the lake. 18 (2) Each and every day that oil, salt water, or any other substance 19 described in Paragraph (1) of this Subsection is permitted to flow into natural 20 streams or drains that constitute the watershed of the lake shall constitute a 21 separate and distinct offense. 22 (3) Whoever violates this Subsection shall be fined not less than one 23 hundred dollars nor more than one thousand dollars or imprisoned for not 24 more than ninety days or both. 25 C.(1) No person shall: 26 (a) Obstruct drainage channels which compose any drain or stream 27 flowing into the lake by bridging them except in accordance with plans, 28 specifications, and instructions prescribed by the board of commissioners of the 29 district. 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 ENGROSSED 1 (b) Construct dams, locks, or gates in drainage channels of the watershed 2 of the lake or into the lake itself without permission of the commission. 3 (c) Anchor rafts, crafts, fish traps, fish cars, and other obstacles in the 4 channel of any stream, drain, or natural flow of the feeder streams of the 5 watershed of the lake or the lake itself. Nothing in this Section shall prohibit the 6 temporary and otherwise lawful anchorage of boats and watercraft or the 7 otherwise lawful use of legal fishing gear. 8 (d) Float timber in the watershed of the lake. 9 (2) Whoever violates this Subsection shall be fined not less than five 10 hundred dollars nor more than one thousand dollars or imprisoned for not 11 more than sixty days, or both. 12 D.(1) No proprietor, owner, lessee, or possessor of land abutting upon the 13 lake or along any public road paralleling the water line or contiguous to the lake 14 shall in any manner close or place any obstruction in any drain or ditch, 15 whether on private property or on the public road or levee adjacent to the road, 16 that will in any manner interfere with the effective, thorough, and continuous 17 drainage into 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 §3087.372. Supervision by Department of Transportation and Development 22 All of the powers and duties relative to construction and letting of 23 contracts for construction required to be advertised by R.S. 38:2211 and 2212 24 conferred upon the district shall be subject to and exercised under the 25 supervisory control of the Department of Transportation and Development of 26 the state of Louisiana, which department shall furnish to the district such 27 engineering services as it shall require and may cooperate with the district in 28 the construction of any work or facility considered necessary by the district and 29 said department to the purposes of the district. 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 ENGROSSED 1 §3087.373. Contracts let by board 2 Any and all contracts of the district shall be let by the board of 3 commissioners under the provisions of R.S. 38:2211 et seq. 4 §3087.374. Mineral rights 5 Whenever it shall become necessary for the district or the Department 6 of Transportation and Development to acquire full ownership of any land for 7 the purpose of constructing any work or facility within the district, the owner 8 thereof on his own behalf or on behalf of his assigns in the event of a prior 9 assignment may retain the mineral rights to such property together with the 10 right to grant mineral leases and servitudes thereon. No form of prescription 11 shall divest such owner or his assigns of these rights so long as the district or a 12 department or agency of the state retains the ownership of the property, but 13 should ownership pass into private hands, the prescription of nonuse provided 14 by R.S. 31:27 shall apply as in the usual case. 15 §3087.375. Tax exemption; mineral leases unabridged 16 Should the district or the Department of Transportation and 17 Development acquire a servitude, right-of-use, or title in full ownership to 18 immovable property or any other property, such property shall not be subject 19 to any ad valorem tax or tax of any nature by the state of Louisiana or any 20 political subdivision thereof so long as such property is used for the purposes 21 of the district. The provisions of this Part shall in no way abridge the right of 22 any individual, person, firm, or corporation from whom a servitude or right-of- 23 use may have been acquired to lease the land subject thereto for the production 24 of oil, gas, or other minerals and to produce or cause to be produced oil, gas, or 25 other minerals from such property so long as said leases are subject to the terms 26 and conditions of the servitude executed in favor of the commission. 27 §3087.376. Playgrounds, parks, and other facilities 28 The board of commissioners may cause to be created and constructed 29 playgrounds, picnic grounds, grounds for recreation, parks, and any and all 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 ENGROSSED 1 other facilities to accommodate the public and to provide adequate access to the 2 lake, as may, within the opinion of the board, become necessary. The board of 3 commissioners shall also provide for the construction of public access boat 4 ramps in the district to allow for and maintain public access to Lake Bistineau 5 for recreational purposes. 6 §3087.377. Regulation of commercial establishments 7 A. The board of commissioners may: 8 (1) Establish and cause to be enforced rules and regulations pertaining 9 to all commercial establishments that may be constructed for the purpose of 10 making commercial use of the lake or its facilities. 11 (2) License and permit such establishments and levy and collect a fee, to 12 be fixed by the commission, for the privilege of making commercial use of the 13 facilities of the lake. 14 B. The rules and regulations established and promulgated by the board 15 of commissioners pursuant to this Section shall provide penalties for any 16 commercial establishment operating without a permit or license. 17 §3087.378. Audit 18 The district shall be audited pursuant to R.S. 24:513. 19 §3087.379. State departments; authority of corporation 20 Nothing in this Part shall be construed to impede or interfere with the 21 control and supervision of the wildlife of the state by the Louisiana Wildlife and 22 Fisheries Commission or the regulatory authority of the Department of 23 Environmental Quality and its officers. The Department of Wildlife and 24 Fisheries and the Department of Environmental Quality shall assist the board 25 of commissioners in the conduct of its duties and functions, and the board shall 26 advise and consult with the departments in matters relating to their respective 27 powers and responsibilities. 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 ENGROSSED 1 The original instrument was prepared by Alan Miller. The following digest, which does not constitute a part of the legislative instrument, was prepared by Sharon F. Lyles. DIGEST SB 415 Engrossed 2016 Regular Session Gatti Proposed law creates the Lake Bistineau 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 Bistineau 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) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Transportation, Highways, and Public Works to the original bill 1. Removes "or otherwise" from authority of district to acquire property. 2. Removes authority of district to grant franchises to telephone, telegraph, cable, and electric power companies. 3. Makes technical corrections primarily to correct spelling to "Bistineau" and to capitalize "Parishes". Page 16 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.