SLS 20RS-408 ORIGINAL
2020 Regular Session
SENATE BILL NO. 275
BY SENATOR HEWITT
COASTAL RESOURCES. Provides relative to the coastal management program, designees
of the secretary, and prohibition of certain contracts. (8/1/20)
1 AN ACT
2 To enact R.S. 49:214.26(E) and (F), relative to the coastal management program; to provide
3 relative to administration; to provide relative to designees of the secretary; to provide
4 relative to certain contracts; to provide certain prohibitions, requirements, and
5 effects; to provide terms and conditions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 49:214.26(E) and (F) are hereby enacted to read as follows:
8 ยง214.26. Coastal management program; administration
9 * * *
10 E.(1) The provisions of this Section shall not authorize nor be construed
11 to allow the secretary or his designee to execute or enter into an employment
12 contract with a private entity for legal services. This includes but is not limited
13 to a contingency fee contract or other form of contract whereby payment of
14 attorney fees under the contract are shifted to another person or entity through
15 court award or other means.
16 (2) A contract in violation of this Subsection shall be contrary to public
17 policy and null. Additionally, the provisions of this Subsection shall be
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 275
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1 applicable to such a contract in existence on the effective date of this Subsection.
2 F. A person who acts as a designee of the secretary pursuant to this
3 Section shall be subject in the same manner as the secretary to laws,
4 requirements, and prohibitions pertaining to ethics, financial disclosure, and
5 employment of outside legal counsel.
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
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 275
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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))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.