The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry G. Jones.
DIGEST
SB 275 Original 2020 Regular Session Hewitt
Present law establishes a coastal management program within the Dept. of Natural Resources.
Provides that the secretary or his designee shall administer the coastal management program.
Present law also authorizes the secretary is authorized to employ such additional staffing as may be
necessary to carry out the coastal management program. Also provides that the secretary can perform
or may authorize his designee to administer the program and/or:
(1)Receive, evaluate, and make recommendations to the secretary concerning applications for
coastal use permits.
(2) Conduct or cause to be conducted investigations, studies, planning, and research.
(3) Systematically monitor and conduct surveillance of permitted uses to ensure that conditions
of coastal use permits are satisfied.
(4) Coordinate closely with the secretary and local, state, regional, and federal agencies with
respect to coastal management.
(5) Make recommendations to the secretary relative to appropriate enforcement measures for
violations and measures to obtain civil relief.
(6) Provide advice and technical assistance to the secretary and local governments.
(7) Conduct such activities or make such decisions as may be delegated or authorized by the
secretary.
Present law further provides that the secretary shall make decisions on applications for coastal use
permits and may establish conditions on the granting of coastal use permits.
Proposed law retains present law and adds that the provisions of present law shall not authorize nor
be construed to allow the secretary or his designee to execute or enter into an employment contract
with a private entity for legal services. This includes but is not limited to a contingency fee contract
or other form of contract whereby payment of attorney fees under the contract are shifted to another
person or entity through court award or other means.
Proposed law further provides that a contract in violation of the proposed law shall be contrary to
public policy and null. This includes such a contract in existence on the effective date of the
proposed law. Proposed law also provides that a person who acts as a designee of the secretary pursuant to present
law shall be subject in the same manner as the secretary to laws, requirements, and prohibitions
pertaining to ethics, financial disclosure, and employment of outside legal counsel.
Effective August 1, 2020.
(Adds R.S. 49:214.26(E) and (F))