La. Rev. Stat. § 49:214.36 — LA Code / Code revised-statutes / Title 49 / Section 214.36
Enforcement; injunction; penalties and fines
Status: in_force

A. The secretary and each local government with an approved program shall initiate a field surveillance program to ensure the proper enforcement of the management program. The secretary may enter into interagency agreements with appropriate agencies to assist in the surveillance, monitoring, and enforcement activities pursuant to this Subpart.

B. The secretary, and each local government with an approved program as to uses under its jurisdiction, shall have the authority to issue cease and desist orders against any person found to be in violation of this Subpart or the rules and regulations issued hereunder.

C. The secretary, and each local government with an approved program as to coastal use permits issued by it, shall have the authority to suspend, revoke, or modify coastal use permits if the user is found to have violated any of the conditions of the coastal use permit.

D. The secretary, the attorney general, an appropriate district attorney, or a local government with an approved program may bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the coastal zone for which a coastal use permit has not been issued when required or which are not in accordance with the terms and conditions of a coastal use permit.

E. A court may impose civil liability and assess damages; order, where feasible and practical, the payment of the restoration costs; require, where feasible and practical, actual restoration of areas disturbed; or otherwise impose reasonable and proper sanctions for uses conducted within the coastal zone without a coastal use permit where a coastal use permit is required or which are not in accordance with the terms and conditions of a coastal use permit. The court in its discretion may award costs and reasonable attorney's fees to the prevailing party.

F. Any person found to have knowingly and intentionally violated the provisions of this Subpart, any of the rules and regulations issued hereunder, or the terms or conditions of any coastal use permit shall be subject to a fine of not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than ninety days, or both. This penalty shall be in addition to any other costs or penalties assessed pursuant to this Section.

G. Any action pursuant to this Section, whether criminal or civil, must be brought in any parish in which the use or activity is situated. If the use or activity is situated in one or more parishes, then any action may be brought in either of the parishes in which the use or activity is situated.

H. In addition to the other enforcement actions authorized by this Section, whenever the secretary determines a violation of any provision of this Subpart, or any rules and regulations issued hereunder or the terms or conditions of any coastal use permit has occurred, the secretary may assess costs and penalties pursuant to Subsection I.

I. In addition to the other enforcement actions authorized by the provisions of this Section, the secretary may do any or all of the following:

(1) Assess the violator all or a portion of the costs of abatement or mitigation of damages to the coastal zone in accordance with R.S. 49:214.41.

(2) Assess the violator an administrative penalty in accordance with the following administrative penalty system:

(a) The amount of administrative penalty per violation shall be determined by a formula of $B(V + P + C + I) = Penalty, where B is base assessment, V is habitat value, P is prior knowledge value, C is cooperation value, and I is impact damage value. No penalty shall be less than fifty dollars and the maximum penalty for violations shall be twelve thousand dollars.

(b) Base assessment (B) is the amount of a permit application fee and processing fee if a permit had been applied for under this Subpart or fifty dollars where no fee would have been charged.

(c) The ecological value (V) shall be assessed as follows:

(i) A value of one-half shall be applied to areas the secretary determines to be of minor value, such as streams, rivers, canals, developed cheniers, bayous, trenasses, or lakes with insignificant public resource value or wetlands of low resource value as a result of historical disturbances or physical alterations that were not violations existing prior to the violation under consideration.

(ii) A value of one shall be applied to areas the secretary determines to be of average value such as sections of streams, rivers, cheniers, canals, bayous, or trenasses of marginal value for rearing or spawning habitat for fish and wildlife populations, marginal wetlands or beaches of marginal wildlife habitat value.

(iii) A value of one and one-half shall be applied to areas the secretary determines to be of major value, such as a significant fish and wildlife spawning area, eagle nesting areas, significant waterfowl rearing habitat, tidal salt, saline, brackish, or intermediate marshes, cheniers, tidal mudflats, freshwater wetlands with high diversity and high public resources value, beaches of significant wildlife habitat value and state scenic rivers and waterways designated under R.S. 56:1840 et seq. or administrative rules adopted thereunder.

(d) The prior knowledge value (P) shall be determined by the secretary as follows:

(i) A value of one-half shall be applied where the secretary determines the person was unaware of this Subpart, as demonstrated by the fact that the person had neither applied for any coastal use permit in the past, nor received correspondence from the Coastal Management Division concerning the commission of a possible violation.

(ii) A value of one shall be applied where the secretary determines the person had previously applied for a coastal use permit or received correspondence from the Coastal Management Division concerning the commission of a possible violation.

(iii) A value of one and one-half shall be applied where the person had previously violated this Subpart.

(e) The cooperation value (C) shall be determined as follows:

(i) A value of one-half shall be applied where the person restores resource damage as requested by the secretary without the need for an enforcement order or court action by the secretary.

(ii) A value of one and one-half shall be applied where the person is not cooperative in restoring resource damage as requested by the secretary and the secretary must issue an enforcement order or obtain a court order to restore the resource.

(f) The impact damage value (I) shall be determined by the secretary as a measure of the extent or size of the ecologically impacted area as follows:

(i) Where the secretary determines the adversely affected area of the violation would naturally restore within one year, and the impact area is less than one acre in size or an impacted waterway, shoreline, or waterfront property is less than one hundred linear feet, a value of one-half shall be applied.

(ii) Where the secretary determines the adversely affected area of the violation would naturally restore within two years, and the impact area is less than one acre in size or the impacted waterway, shoreline, or waterfront property is less than one hundred linear feet, a value of one shall be applied.

(iii) Where the secretary determines that the adversely affected area would exceed the restoration time or the impacted area criteria required in Item (i) or (ii) of this Subparagraph, a value of one and one-half shall be applied.

J. The monies collected by the state under the provisions of this Section shall be deposited as follows:

(1) The monies collected by the secretary for violations relating to use of state concern shall be used for the following purposes only in the proportions stated:

(a) After deducting the costs to reimburse the Department of Conservation and Energy for the expenses incurred enforcing the provisions of this Subpart, seventy-five percent of the monies collected shall be placed in the Coastal Protection and Restoration Fund established in Article VII, Section 10.2 of the Constitution of Louisiana and used for projects that are consistent with Paragraph (O)(2) of this Section.

(b) Twenty-five percent of the monies collected shall be placed in local government mitigation banks established in accordance with R.S. 49:214.41 and the rules and regulations adopted thereunder. If there is no local government mitigation bank for the area in which the adverse impact is located, the monies shall be deposited into a restricted fund administered by the parish governing authority of the parish or parishes in which the adverse impact related to the use is located. These funds shall be used only for projects consistent with Paragraph (O)(2) of this Section within or for the benefit of areas within the geographic borders of that parish.

(2) The monies collected by the secretary for violations relating to a use of local concern shall be placed in local government mitigation banks established in accordance with R.S. 49:214.41 and the rules and regulations adopted thereunder. Each local government's mitigation bank shall be credited one hundred percent of the monies collected for violations relating to a use of local concern occurring within its geographic borders, except that for violations occurring within the geographic borders of two or more local governments, the monies shall be divided on a pro rata basis and deposited accordingly in the local government's mitigation banks. In the event there is no local government mitigation bank in the parish in which the adverse impact is located, the monies shall be deposited into a restricted fund administered by the parish governing authority of the parish or parishes where the adverse impact related to the use is located and shall be used only for mitigation projects within the geographic borders of that local government that are consistent with Paragraph (O)(2) of this Section.

K. In determining whether to assess, pursuant to Subsection I of this Section, costs or penalties, and the amounts of such assessments, the secretary shall consider the following factors:

(1) The monetary benefits realized by the violator due to the noncompliance.

(2) The history of previous violations or repeated noncompliance for the last five years.

(3) The nature and gravity of the violation, including the adverse impact on the coastal zone.

(4) The degree of culpability, recalcitrance, defiance, or indifference of the violator to the laws, regulations, or orders of the secretary or regulations of the local government.

(5) The cost to the department or state of bringing and prosecuting an enforcement action against the violator.

(6) Whether the person charged has failed to mitigate or to make a reasonable attempt to mitigate the damages caused by his noncompliance or violation.

L. No penalties or costs shall be assessed without the person charged being given notice and an opportunity for an adjudicatory hearing, pursuant to the Administrative Procedure Act. The secretary shall appoint an independent hearings officer. The person charged may waive the adjudicatory hearing upon payment of the amount demanded by the secretary, and will be liable for all costs associated with the adjudicatory hearing.

M. Nothing in this Section, shall prohibit any local political subdivision, without a local coastal use permit program approved as provided for in R.S. 49:214.30 from enforcing any ordinance or regulation relating to wetlands protection or restoration.

N.(1) In addition to the other enforcement actions authorized by the provisions of this Section, for each incident resulting in an administrative penalty being assessed, the secretary shall issue an after-the-fact coastal use permit or permit modification specifying terms and conditions that must be adhered to for the unauthorized activity to remain in place. In determining the terms and conditions to be placed on the after-the-fact permit, the secretary shall consider the following factors:

(a) The degree to which the activity complies, or fails to comply, with the coastal use guidelines.

(b) The need for compensatory mitigation to be carried out when the activity altered wetlands of the coastal zone.

(c) The need for partial restoration of the site if the coastal use could be carried out with lesser impact to coastal waters or wetlands.

(d) The need for restoration of the site upon abandonment or completion of the coastal use.

(2) Prior to issuing a final after-the-fact permit, the secretary shall provide to the person conducting the activity and to the owner of the property on which the activity occurred, a draft after-the-fact coastal use permit. The secretary shall also cause the draft after-the-fact coastal use permit to be published one time in the official state journal and allow the public time to offer comments on the proposed after-the-fact coastal use permit to the secretary. All comments must be received by the secretary within fifteen calendar days following the date of publication in the state journal. The secretary shall fully consider all comments received and issue a final after-the-fact coastal use permit five days following the end of the public comment period.

O.(1) Except as provided in this Subpart, no state or local governmental entity shall have, nor may pursue, any right or cause of action arising from any activity subject to permitting under R.S. 49:214.21 et seq., 33 U.S.C. 1344 or 33 U.S.C. 408 in the coastal area as defined by R.S. 49:214.2, or arising from or related to any use as defined by R.S. 49:214.23, regardless of the date such use or activity occurred.

(2) Any monies received by any state or local governmental entity arising from or related to a state or federal permit issued pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344, or 33 U.S.C. 408, a violation thereof, or enforcement thereof, or for damages or other relief arising from or related to any of the foregoing, or for damages or other relief arising from or related to any use as defined by R.S. 49:214.23, shall be used for integrated coastal protection, including coastal restoration, hurricane protection, and improving the resiliency of the coastal area.

(3) Nothing in this Section shall constitute a waiver of sovereign immunity under the Eleventh Amendment of the Constitution of the United States of America.

(4) Nothing in this Section shall prevent or preclude any person or any state or local governmental entity from enforcing contractual rights or from pursuing any administrative remedy otherwise authorized by law arising from or related to a state or federal permit issued in the coastal area pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344 or 33 U.S.C. 408.

(5) Nothing in this Section shall alter the rights of any governmental entity, except a local or regional flood protection authority, for claims related to sixteenth section school lands or claims for damage to property owned or leased by such governmental entity.

Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1993, No. 194, §1; Acts 2014, No. 544, §1, eff. June 6, 2014; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2022, No. 282, §1; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
La. Rev. Stat. § 49:308.5 — LA Code / Code revised-statutes / Title 49 / Section 308.5
Legislative review and recommendation on special funds and dedication of money
Status: in_force

A. The legislature hereby finds that due to the number of special funds in the state treasury that dedicate state revenue, it is difficult for the governor, the legislature, and the public to assess the benefit of the activities supported by such funds. In order to address this situation, the legislature finds that a system of transparency and accountability needs to be established and that the authority for such funds should be routinely reviewed. Unless the recommendations resulting from the review conclude that the benefit of the activities funded by monies deposited in such fund warrants the continuation of this method of funding, the legislature should take such action as is necessary to eliminate such special funds and the dedication of state revenues to such activities. Further, inducing competition for funding from the state general fund will put all activities on an equal footing and will allow the governor and the legislature to better prioritize funding.

B.(1) No later than August 1, 2020, the division of administration shall submit to the Joint Legislative Committee on the Budget a plan to review all special funds and dedications that contain fees and self-generated revenues of the special dedicated funds in law as of the date of the submission. The Joint Legislative Committee on the Budget shall refer the plan to the Dedicated Fund Review Subcommittee of the Joint Legislative Committee on the Budget, hereinafter referred to as "the subcommittee". The subcommittee shall meet to review and to make recommendations, as provided in this Section, on each dedicated fund that contains fees and self-generated revenues prior to the thirtieth calendar day prior to the start of the 2021 Regular Session of the Legislature.

(2) On or before August 1, 2021, and on or before August first of the first year of every term of the legislature, the division of administration shall submit a list of all dedicated funds and statutorily dedicated fund accounts in law as of the date of the submission of the list, to the Joint Legislative Committee on the Budget. The Joint Legislative Committee on the Budget may review and amend the list prior to submission to the subcommittee. The list shall be referred to the subcommittee which shall develop a plan to review each item on the list. The subcommittee shall ensure that each item is reviewed at least once every four years.

C.(1) The subcommittee, acting on behalf of the Joint Legislative Committee on the Budget, shall notify the commissioner of administration and the treasurer of the date each fund is scheduled for review. The commissioner of administration shall notify any agency or entity receiving an appropriation from a special fund, dedication, or statutorily dedicated fund specified in the schedule of the date the fund is scheduled for review.

(2)(a) No later than thirty days after the approval of the plan, the treasurer shall submit to the subcommittee a summary of the terms, sources, conditions, and uses of the special fund as required by law and a five-year history of the following:

(i) Sources and amounts of revenue into the fund.

(ii) Amounts appropriated or allocated from the fund and the recipients of each appropriation or allocation.

(iii) Investments and earnings of the fund.

(iv) Annual balance in the fund.

(b) The treasurer or his staff shall be in attendance and available to provide information at any hearing that the subcommittee holds on any special fund.

(3)(a) The head of each agency or entity receiving an appropriation or allocation from a special dedicated fund, dedication, or statutorily dedicated fund account scheduled for review that fiscal year shall submit to the subcommittee the following:

(i) Five-year history of the amount of the appropriation or allocation of the fund to the agency or entity.

(ii) Detailed use of the fund in each of the previous five years in which the agency or entity received an appropriation or dedication from the fund, including the total amount of funding for each activity financed with the fund and the amount of financing for the activity from the fund.

(iii) Outcomes or other relevant performance information for any activity receiving financing from the fund.

(iv) If dedication is a fee, the cost of providing the service offset by the fee.

(b) The head of the agency or entity, or his staff, shall be in attendance and available to provide information at any hearing on a special fund received by their agency or entity.

(4) The subcommittee shall allow public comment on each special fund included in the plan.

(5) The subcommittee may request any other information which the subcommittee believes is necessary in conducting the review of the special funds.

D.(1) Following the review of each special fund as required in this Section, members of the subcommittee shall offer motions as are necessary to produce a report of findings and recommendations on each item reviewed by the subcommittee. Such findings and recommendations may include but are not limited to no change to the fund, a change to the fund's revenue source, a change in the amount dedicated to the fund, a change in the use of the fund, or elimination of the fund.

(2) No later than thirty days prior to the beginning of the regular session of the legislature, the subcommittee shall report the findings and recommendations to the Joint Legislative Committee on the Budget for review. The Joint Legislative Committee on the Budget may recommend modifications to the report submitted by the subcommittee, however, such modifications shall be noted in the report along with any original findings or recommendations of the subcommittee.

E. The Joint Legislative Committee on the Budget shall report the findings and recommendations of each review to the presiding officer of each house of the legislature for electronic distribution to each member of the legislature, the governor, the treasurer, and the commissioner of administration.

F. This Section shall not apply to or affect the laws which dedicate or otherwise provide for the use of the following money or the laws which provide for the following special funds in the state treasury:

(1) Special funds or dedications of money received by the state or by any state board, agency, or commission which is protected by the Constitution of Louisiana and laws effectuating such special funds and dedications or special funds containing money which is not required by the constitution to be deposited in the state treasury pursuant to Article VII, Section 9(A) of the Constitution of Louisiana.

(2) Special funds in the state treasury established solely as a requirement of the terms, conditions, or requirements of:

(a) Grants, donations, or other forms of assistance.

(b) Court or regulatory agency orders or judgments.

(c) Contracts of the state or of its agencies, boards, or commissions, including contracts related to the issuance of bonds, notes, and other indebtedness.

(3) Special funds and dedications of money provided by law for money received by or on behalf of a state board, agency, authority, or commission which is mainly composed of and represents members of a trade, business, or professional association from fees or assessments paid by the members of the trade, business, or professional association and which expends the money on market or product research and development.

(4) Special funds and dedications of money provided by law related to the judiciary.

(5) Special funds and dedications of money provided by law related to retirement funds.

Acts 2009, No. 492, §1, eff. July 1, 2009; Acts 2017, No. 355, §2, eff. June 22, 2017; Acts 2018, No. 612, §16, eff. July 1, 2020; Acts 2019, No. 404, §§1, 11, 16, and 20, see Act for special effective date; Acts 2020, No. 119, §1, eff. July 1, 2020.

NOTE: See Acts 2019, No. 404, §§16 and 20, regarding the repeal of certain changes made to R.S. 49:308.5(B)(3) and (4) in Acts 2018, No. 612.

NOTE: See Acts 2018, No. 612 and Acts 2019, No. 404 providing for the effects of the conversion of certain dedicated funds to special statutorily dedicated fund accounts.
La. Rev. Stat. § 49:261 — LA Code / Code revised-statutes / Title 49 / Section 261
Department of Justice Fugitive Apprehension Unit
Status: in_force

A. The attorney general shall maintain a statewide Fugitive Apprehension Unit within the investigation division of the Department of Justice. The Fugitive Apprehension Unit shall be comprised of special agents who shall be P.O.S.T.-certified peace officers commissioned by the attorney general, intelligence analysts, and support personnel. The unit shall be responsible for apprehending fugitives and shall perform the following activities:

(1) Coordinate with and assist local, state, and federal law enforcement agencies including but not limited to the Department of Public Safety and Corrections, the office of state police, the office of probation and parole, sheriffs departments, police departments, the United States Marshals Service, the United States Immigration and Customs Enforcement, and other federal law enforcement agencies, to apprehend fugitives.

(2) Provide assistance to law enforcement agencies that are actively pursuing fugitives and individuals who have violated the terms and conditions of court-ordered electronic monitoring programs.

(3) Execute arrest warrants and make warrantless arrests as prescribed by law.

(4) Give priority to proactively targeting fugitives wanted for violent felony offenses, including murder, rape, armed robbery, and other heinous crimes.

(5) Establish or participate in fugitive task forces with other state or federal law enforcement agencies to address the need for increased resources in the apprehension of fugitives.

(6) Identify, pursue, and arrest any person who shall harbor, conceal, or aid a fugitive, knowing or having reasonable grounds to believe that the offender is a fugitive, and with the intent that the fugitive may avoid or escape from arrest, trial, conviction, or punishment.

B. The attorney general shall appoint and commission special agents who shall be P.O.S.T.-certified peace officers vested with all the powers conferred by law upon peace officers of this state.

Acts 2025, No. 264, §1.
La. Rev. Stat. § 49:214.24 — LA Code / Code revised-statutes / Title 49 / Section 214.24
Coastal zone boundary
Status: in_force

A. The seaward boundary of the coastal zone of Louisiana shall be the seaward limit of the state of Louisiana as determined by law.

B. The interstate boundaries of the coastal zone shall be the boundary separating Louisiana from Texas on the west and the boundary separating Louisiana from Mississippi on the east, as each is determined by law.

C. The inland boundary of the coastal zone shall generally be a line beginning at a point on the Louisiana/Texas border approximately 1035 feet southerly of the centerline of Interstate Highway 10 (I-10) at the northern boundary of Section 9, T11S-R13W. From this Point of Beginning, the inland boundary of the coastal zone shall thence proceed easterly along the northern boundary of Sections 9, 10, 11, 12, T11S-R13W, Sections 7, 8, 9, 10, 11, 12, T11S-R12W, Sections 7, 8, 9, 10, 11, 12T11S-R11W, and Section 7, T11S-R10W a distance of approximately 89,076 feet to the intersection of the left descending bank of Bayou Choupique; thence southerly along the left descending bank of Bayou Choupique a distance of approximately 56,800 feet to the intersection of the north shore of the Gulf-Intracoastal Waterway; thence easterly along the north shore of the Gulf-Intracoastal Waterway a distance of approximately 29,225 feet to the intersection of the right descending bank of Black Bayou; thence northerly along the right descending bank of Black Bayou a distance of approximately 7,028 feet to the intersection of the right descending bank of Coulee Hippolyte; thence northerly along the right descending bank of Coulee Hippolyte approximately 12,100 feet to the extension of the eastern right-of-way of Nelson Road; thence northerly along the eastern right-of-way of Nelson Road approximately 4,968 feet to the southern right-of-way of W. Lincoln Road; thence easterly along the southern right-of-way of W. Lincoln Road approximately 11,928 feet to the western right-of-way of Louisiana Highway 385 (Gulf Highway); thence southerly along the western right-of-way of Louisiana Highway 385 (Gulf Highway) approximately 20,180 feet to the northern Cameron Parish boundary; thence easterly along the northern Cameron Parish boundary approximately 194,110 feet to the northeast corner of Cameron Parish; thence southerly along the boundary of Cameron/Vermilion Parishes approximately 43,122 feet to the north shore of the Gulf-Intracoastal Waterway; thence easterly along the north shore of the Gulf-Intracoastal Waterway approximately 109,994 feet to the eastern right-of-way of Louisiana Highway 82; thence northerly along the eastern right-of-way of Louisiana Highway 82 a distance of approximately 3,731 feet to its intersection with Louisiana Highway 35; thence easterly along the southern right-of-way of Louisiana Highway 82 a distance of approximately 40,638 feet to its intersection with Louisiana Highway 333; thence northerly along the eastern right-of-way of Louisiana Highway 82 a distance of approximately 16,480 feet to the southern right-of-way of Louisiana Highway 690; thence easterly along the southern right-of-way of Louisiana Highway 690 a distance of approximately 23,157 feet to the southern right-of-way of Louisiana Highway 330; thence continuing easterly along the southern right-of-way of Louisiana Highway 330 a distance of approximately 28,303 feet to a point where Louisiana Highway 330 takes a 90- degree turn to the north; thence northerly along the eastern right-of-way of Louisiana Highway 330 a distance of approximately 28,632 feet to a point approximately 188 feet north of the centerline of Wilferd Landry Street, in Delcambre; thence N 89 degrees 05 minutes 01 seconds W a distance of approximately 1,457 feet; thence N 00 degrees 23 minutes 30 seconds W a distance of approximately 276 feet; thence N 88 degrees 43 minutes 94 seconds W a distance of approximately 1,380 feet; thence N 00 degrees 26 minutes 05 seconds W a distance of approximately 2,661 feet to the intersection of the centerline of North Saunier Drive and the extension of the eastern right-of-way of Louisiana Highway 89; thence northerly along the eastern right-of-way of Louisiana Highway 89 a distance of approximately 539 feet; thence N 86 degrees 26 minutes 50 seconds E a distance of 1,475 feet; thence N 01 degrees 09 minutes 06 seconds E a distance of 654 feet; thence S 89 degrees 30 minutes 31 seconds E a distance of 337 feet to a point on the Vermilion/Iberia Parish boundary; thence northerly along the parish boundary a distance of approximately 19,351 to the southern right-of-way of Louisiana Highway 682 (Lake Peigneur Road); thence southeasterly along the southern right-of-way of Louisiana Highway 682 a distance of 10,230 feet to the northern right-of-way of Louisiana Highway 675 (Jefferson Island Road); thence southwesterly along the northern right-of-way of Louisiana Highway 675 a distance of approximately 15,576 feet to the southern right-of-way of Louisiana Highway 14; thence easterly along the southern right-of-way of Louisiana Highway 14 a distance of approximately 42,067 feet to the southern right-of-way of US Highway 90; thence easterly along the southern right-of-way of US Highway 90 a distance of approximately 50,265 feet to the southern right-of-way of Louisiana Highway 85 (Patoutville Road); thence northeasterly along the southern right-of-way of Louisiana Highway 85 a distance of approximately 5,826 feet to the southern right-of-way of Louisiana Highway 674 (East Admiral Doyle Drive); thence southeasterly along the southern right-of-way of Louisiana Highway 674 a distance of approximately 9,997 feet to the southern right-of-way of Louisiana Highway 85 (Hubertville Road); thence northeasterly along the southern right-of-way of Louisiana Highway 85 a distance of approximately 6,160 feet to the northern right-of-way of Glover Street; thence northwesterly along the northern right-of-way of Glover Street a distance of approximately 2,140 feet; thence N 42 degrees 30 minutes 50 seconds E along the eastern right-of-way of Doll Street a distance of approximately 1,794 feet to the right descending bank of Bayou Teche; thence southerly along the right descending bank of Bayou Teche a distance of approximately 12,314 feet to the St. Mary Parish boundary; thence northerly along the Iberia/St. Mary Parish boundary a distance of approximately 40,881 feet to the eastern right-of-way of Iberia Parish Road 305 (West Atchafalaya Basin Spillway Road); thence northerly along the eastern right-of-way of Iberia Parish Road 305 a distance of approximately 32,791 feet to the Iberia Parish boundary; thence easterly along the Iberia/St. Martin and Iberia/Iberville Parish boundaries a distance of approximately 134,940 feet to the Assumption Parish boundary; thence continuing easterly along the Assumption/Iberville and Assumption/Ascension Parish boundaries a distance of approximately 94,422 feet to the St. James Parish boundary; thence continuing easterly along the St. James/Ascension Parish boundary a distance of approximately 46,802 feet to the eastern right-of-way of the Entergy tower power line near the western boundary of Section 31, T10S – R4E; thence northerly along the east right-of-way line of the Entergy tower power line a distance of 14,248 feet to the northern right-of-way of Interstate Highway 10 (I-10) located in Section 19, T10S-R4E; thence southeasterly along the northern right-of-way of I-10 a distance of 27,411 feet to the east section line of Section 26, T10S-R4E; thence northerly along the east section lines of Sections 26, 23, 14, and 11, T10S-R4E a distance of 15,704 feet to the northern drainage servitude line of New River Canal; thence westerly along the northern drainage servitude line of New River Canal a distance of 6,121 feet to the eastern drainage servitude line of Sevario Canal (Marvin Braud Pumping Station) located in Section 10, T10S-R4E; thence northerly along the east drainage servitude line of Sevario Canal a distance of 12,599 feet to the toe of the levee on the east bank of an unnamed tributary located in the northeast quarter of Section 34, T9S-R4E; thence proceed in a northeasterly and northwesterly direction along the floodside toe of the levee on the east bank of an unnamed tributary a distance of 1,221 feet to the north section line of Section 34, T9S-R4E and also at the toe of an existing levee heading east; thence easterly along the north section line and also the floodside toe of the levee a distance of 1,530 feet to a turn in the levee northward; thence northeasterly along the floodside toe of the levee a distance of 1,440 feet to a turn in the levee westward; thence westerly along the floodside toe of the levee a distance of 2,354 feet to the west bank of the unnamed tributary in Section 27, T9S-R4E; thence northerly along the west bank of the unnamed tributary a distance of 2,716 feet to the extension of the floodside toe of an existing levee heading southeasterly from the unnamed tributary; thence southeasterly, then northeasterly, then northwesterly along the floodside toe of the levee a distance of 5,794 feet to the northern right-of-way of Laurel Ridge Levee and the south right-of-way of Louisiana Highway 22 located in the southeast quarter of Section 22, T9S-R4E; thence northwesterly along the north right-of-way line of Laurel Ridge Levee a distance of 4,085 feet to a turn in the levee westward and located in the southwest quarter of Section 15, T8S-R4E; thence westerly along the north right-of-way line of Laurel Ridge Levee a distance of 10,313 feet to a point being 1,100 feet west of Bayou Vicknair in the southwest quarter of Section 17, T8S-R4E; thence N 10 degrees 02 minutes 34 seconds E a distance of 4,966 feet along the eastern side of a ridge following the elevation 5 feet contour line to a point located in the northern half of Section 17, T8S-R4E; thence proceed N 02 degrees 55 minutes 03 seconds W a distance of 4,641 feet to a point located on the top of an elevation 5 feet knoll located south of Lake Martin in the northern half of Section 8, T8S-R4E; thence N 47 degrees 59 minutes 42 seconds W a distance of 2,335 feet to a point located in the northern half of Section 8, T8S-R4E; thence N 32 degrees 31 minutes 50 seconds W a distance of 1,236 feet to a point located on the west section line of Section 5, T8S-R4E; thence proceed northerly along the west section line of said Section 5 and the west section line of Section 32, T8S-R4E a distance of 5,517 feet to a point located in the southeast quarter of Section 31, T8S-R4E; thence N 71 degrees 41 minutes 16 seconds W a distance of 1,926 feet to a point on the west bank of an unnamed tributary of Lake Villars in Section 31, T8S-R4E; thence an approximate direction of N 16 degrees 30 minutes 04 seconds W proceed along the west bank of an unnamed tributary of Lake Villars a distance of 2,094 feet to a point in Section 31, T8S-R4E; thence an approximate direction of N 46 degrees 41 minutes 16 seconds W along the west bank of an unnamed tributary of Lake Villars a distance of 899 feet to a point in Section 31, T8S-R4E; thence an approximate direction of N 08 degrees 16 minutes 33 seconds E along the west bank of an unnamed tributary of Lake Villars a distance of 1,134 feet to a point in Section 30, T8S-R4E; thence an approximate direction of N 34 degrees 16 minutes 41 seconds W along the west bank of an unnamed tributary of Lake Villars a distance of 1,348 feet to the southern right-of-way of Summerfield Road located in the southern half of Section 30, T8S-R4E; thence westerly along the southern right-of-way of Summerfield Road a distance of 2,010 feet to the centerline of Louisiana Highway 431 located in the southern half of Section 25, T8S-R4E; thence S 87 degrees 57 minutes 12 seconds W a distance of 4,226 feet to a ridge top with elevation 15 feet located in the southern half of Section 25, Township 8 South, Range 3 East; thence N 01 degrees 10 minutes 10 seconds W a distance of 6,333 feet to the edge of the swamp and the elevation 5 feet contour line near the southeast comer of the Shiloh Church Cemetery located south of Louisiana Highway 42 located in the northern half of Section 3, T8S-R3E; thence N 77 degrees 24 minutes 19 seconds E along the elevation 5 feet contour line a distance of 1,498 feet to a point located on the east section line of Section 3, T8S-R3E; thence S 51 degrees 07 minutes 20 seconds E a distance of 3,562 feet to a point on the east section line of Section 24, T8S-R3E and the extension of the southern right-of-way of Louisiana Highway 42/Amite River crossing being on an elevation 5 feet plateau located in the southern half of Section 24, Township 8 South, Range 3 East, Southeast District, East of Mississippi River; thence easterly along the extension of the south right-of-way of Louisiana Highway 42/Amite River crossing a distance of 663 feet to the centerline of the Amite River at the Livingston Parish boundary; thence continuing easterly along the southern right-of-way of Louisiana Highway 42 a distance of approximately 926 feet to the southern right-of-way of combined Louisiana Highways 16/42; thence easterly along the southern right-of-way of combined Louisiana Highways 16/42 a distance of approximately 16,619 feet to the southeastern right-of-way of Louisiana Highway 42 where it diverges from combined Louisiana Highways 16/42; thence northeasterly (becoming easterly) along the southeastern (becoming southern) right-of-way of Louisiana Highway 42 a distance of approximately 106,632 feet to the southeasterly right-of-way of Louisiana Highway 22; thence northeasterly along the southeasterly (becoming southern) right-of-way of Louisiana Highway 22 a distance of approximately 88,428 feet to the Tangipahoa/St. Tammany Parish boundary; thence northerly along the Tangipahoa/St. Tammany Parish boundary a distance of approximately 15,829 feet to the southern right-of-way of Interstate Highway 12 (I-12); thence easterly along the southern right-of-way of I-12 a distance of approximately 172,968 feet to the southern right-of-way of Interstate Highway 10 (I-10); thence continued easterly along the southern right-of-way of I-10 a distance of approximately 32,514 feet to the termination point at the intersection of southern right-of-way of I-10 with the Louisiana/Mississippi state border.

D. The secretary shall adopt a fully delineated inland boundary in accordance with the provisions of Subsection C of this Section, which boundary shall not depart appreciably from the boundary delineated therein. The secretary shall be authorized to amend the boundary as may be appropriate to follow the corporate limits of any municipality divided by the boundary. The boundary, as adopted, shall be clearly marked on large scale maps or charts, official copies of which shall be available for public inspection in the office of coastal management of the Department of Conservation and Energy and each local government in the coastal zone. The boundary shall also be available in an electronic format map available for viewing or download from the office of coastal management website.

Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Amended by Acts 1979, No. 665, §1, eff. July 18, 1979; Acts 1980, No. 396, §1; Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 2010, No. 956, §1; Acts 2012, No. 588, §1, eff. June 7, 2012; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
La. Rev. Stat. § 49:214.6.2 — LA Code / Code revised-statutes / Title 49 / Section 214.6.2
Functions and responsibilities; coastal activities
Status: in_force

A. The authority shall administer the programs of the Coastal Protection and Restoration Authority Board. The executive director may use his contracting authority, or the contracting authority of any state department or agency, to implement the provisions of this Chapter. His contracting authority shall include construction management at risk, operation and maintenance, design-build, design-build-operate and maintain, design-build-finance-operate and maintain, outcome-based performance contracts, or any combination of design, construction, finance, and services for operation and maintenance of an integrated coastal protection project, where appropriate. The Coastal Protection and Restoration Authority shall promulgate, through the Administrative Procedure Act, rules, regulations, or guidelines for the implementation of the contracting authority granted by the provisions of this Section. The Coastal Protection and Restoration Authority shall have the authority to execute and implement contracts entered into by the board.

B. The authority shall implement projects relative to the protection, conservation, enhancement, and restoration of the coastal area of the state through oversight of integrated coastal projects and programs consistent with the legislative intent as expressed in R.S. 49:214.1. However, no integrated coastal protection construction project shall be undertaken except those included in an annual plan finally approved by the legislature in accordance with the provisions of R.S. 49:214.5.3, regardless of the source of funds for the project, except in cases of projects undertaken and financed out of the emergency fund, established in the annual plan. An emergency for which such fund shall be used shall be defined by the Coastal Protection and Restoration Authority Board and all funds shall be spent only in accord with procedures established by the authority board for such fund. All projects undertaken pursuant to the provisions of this Chapter shall be either funded through the Coastal Protection and Restoration Fund or other sources of funding, including but not limited to direct federal aid, grants, gifts, and other donations received by the state for the purposes of this Chapter.

C. The authority shall:

(1) Receive all monies appropriated from the Coastal Protection and Restoration Fund to the Coastal Protection and Restoration Authority for implementation of all programs and projects contained in an annual plan developed by the Coastal Protection and Restoration Authority Board and approved by the legislature, except that the Department of Conservation and Energy, office of coastal management, shall receive any funds allocated in the annual plan for the coastal zone management program.

(2) Have oversight over the administration of all matters related to the study, planning, engineering, design, construction, extension, improvement, repair, and regulation of integrated coastal protection.

(3) Take such other actions not inconsistent with law as are necessary to perform the functions of the authority.

(4) Repealed by Acts 2016, No. 430, §9.

D. The authority may:

(1) Negotiate and execute contracts, upon such terms as the authority may agree, for legal, financial, consulting, or other professional services or personal services necessary to the conduct of the authority. In addition, the authority may enter into contracts for engineering and construction services or agreements with the federal government, local governing authorities, political subdivisions, or with other public or private entities for the administration, implementation, or enforcement of integrated coastal protection projects, programs, or activities as directed by the Coastal Protection and Restoration Authority Board.

(2) Acquire by purchase, donation, or otherwise any land rights needed for integrated coastal protection projects and other property required for the operation of the projects that are to be owned and operated by the office or political subdivision of the state; provided, that any property acquired for any project may reserve the minerals to the landowners, whether private or public, in accordance with the provisions of R.S. 31:149.

(3) Develop procedures to evaluate new and improved integrated coastal protection technologies.

(4) Perform pre-construction and post-construction monitoring of projects that will be implemented or have been implemented by the office.

(5) Coordinate integrated coastal protection efforts with local governments, political subdivisions, interest groups, and the public.

(6) Develop, implement, operate, maintain, and monitor integrated coastal protection plans and projects.

(7) Take any other action necessary to administer any plans, projects, policies, or programs consistent with the master plan or any annual plan, including but not limited to issuing bonds or incurring other debt obligations, provided that such bonds or other debt obligations shall be subject to the approval of and sold by the State Bond Commission in accordance with the provisions of R.S. 39:1403.

(8) Utilize the services of the Department of Conservation and Energy, office of management and finance, for accounting and budgetary control, procurement and contractual management, data processing, management and program analysis, and personnel management and grants management, provided that the secretary of the Department of Conservation and Energy shall exercise no authority over the provision of these services.

E.(1) The board or the authority shall be authorized to solely utilize the science and technology capacity of Louisiana universities and the water institute to enhance integrated coastal protection programs, projects, and activities for the following purposes:

(a) To identify any uncertainty related to the physical, chemical, geological, biological, or cultural baseline conditions in the coastal area.

(b) To improve the knowledge of the physical, chemical, geological, biological, or cultural baseline conditions in the coastal area.

(c) To identify and develop technologies, models, methods, and demonstrations to carry out the purposes of this Subsection.

(2) In carrying out the provisions of this Subsection, the Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority may enter into contracts and cooperative agreements with Louisiana universities or with the water institute as authorized in this Subsection to enhance integrated coastal protection programs, projects, and activities.

(3) For the purposes of this Subsection, the water institute shall mean The Water Institute of the Gulf, a 501(c)(3) nonprofit entity, incorporated on March 25, 2011, or its successors.

F. Any rule, regulation, or guideline developed pursuant to this Subpart shall be proposed or adopted pursuant to the rulemaking procedures set forth in the Administrative Procedure Act.

Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 197, §1; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2016, No. 430, §§8, 9; Acts 2017, No. 356, §1, eff. June 22, 2017; Acts 2018, No. 448, §1; Acts 2020, No. 89, §2; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
La. Rev. Stat. § 49:965.2 — LA Code / Code revised-statutes / Title 49 / Section 965.2
Redesignated as R.S. 49:978.1 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Status: in_force

Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
La. Rev. Stat. § 49:193 — LA Code / Code revised-statutes / Title 49 / Section 193
Re-creation of terminated entity; procedure
Status: in_force

The procedure for re-creation of any statutory entity to be terminated under the provisions of this Part shall be as follows:

A.(1) By September first of the calendar year three years prior to the calendar year of the applicable termination date, the president of the Senate and the speaker of the House of Representatives shall assign the applicable statutory entities to standing committees of their respective houses which shall initially perform the evaluation to determine if a statutory entity shall be continued, modified, or terminated. The statutory entities shall be assigned, if practicable, to the standing committees of the two houses which have usual jurisdiction over the affairs of the statutory entities.

(2) The standing committees of the two houses performing the evaluation of the same statutory entities may meet jointly to discharge some or all of their duties.

B. No later than thirty days after the referral of the statutory entities to the appropriate standing committees, the committees shall, separately or jointly, notify the statutory entities under their jurisdiction of the termination dates and provide them a tentative schedule for evaluation hearings. In addition, the committees shall, separately or jointly, request the Department of State Civil Service to review the job descriptions and staffing of each entity. After receipt of the notice of termination and evaluation from the appropriate standing committees, each statutory entity shall provide the standing committees with the following information at the same time it submits its budget request to the governor under the provisions of R.S. 39:33:

(1) The identity of all sub-units under the direct or advisory control of the statutory entity under evaluation.

(2) All powers, functions, and duties currently performed by the statutory entity under evaluation.

(3) All constitutional, statutory, or other authority under which the powers, functions, and duties of the statutory entity under evaluation are performed and carried out.

(4) Any powers, functions, or duties which, in the opinion of the statutory entity under evaluation, are being performed and duplicated by another statutory entity or political subdivision within the state including the manner in which, and the extent to which, this duplication of efforts is occurring and any recommendations as to eliminating the duplication.

(5) Any powers, functions, or duties which, in the opinion of the statutory entity under evaluation, are inconsistent with current and projected public needs and which should be terminated or altered.

(6) The identity of any problems or any programs of the entity to which, in the opinion of the entity, the committees should give particular study.

(7) All strategic plans, master plans, operating plans, and other planning documents including performance measures.

(8) All performance audits or studies performed by the legislative auditor within the last five years and a description of agency actions in response to the findings of such audits or studies.

(9) The identity, amount, and description of each professional, personal, or consulting service contract entered into by the statutory entity under evaluation.

(10) The identity of each report the statutory entity is required by law to produce, including the citation of the law requiring the report, an estimate of the agency resources expended to produce the report, and the opinion of the agency regarding the continued necessity of the report.

(11) Any other information which a standing committee in its discretion feels is necessary and proper in performing its review and evaluation duties.

C. Repealed by Acts 1995, No. 712, §2.

D. The evaluations by the standing committees shall be made, using the factors set out in Subsection E of this Section, for the purpose of achieving the following:

(1) The elimination of inactive entities.

(2) The elimination or consolidation of entities, programs, or activities which duplicate other governmental entities, programs, or activities.

(3) The elimination of unnecessary entities, programs, or activities or entities, programs, or activities which no longer serve the public interest.

(4) The elimination or improvement of inefficient or ineffective entities, programs, or activities.

(5) The elimination or revision of entities, programs, or activities that are inconsistent with the intent of legislation authorizing the entity, program, or activity.

E. Prior to the final adjournment of the regular legislative session convening in the odd-numbered year two years prior to the year in which the applicable termination date occurs, the appropriate standing committees, to which the statutory entities have been referred, shall conduct such study and evaluation as shall be necessary to determine whether or not proposed legislation shall be introduced to continue or modify the appropriate statutory entity. The standing committees shall hold public hearings to receive testimony from the appropriate statutory entities and from the public as a part of that study and evaluation. The standing committees shall hold the public hearings in accordance with R.S. 42:11 through R.S. 42:25 and any applicable legislative rules. At the hearings, the statutory entity shall have the burden of demonstrating a public need for its continued existence. It shall have the further burden of demonstrating that its objectives, programs, and activities are consistent with legislative intent and effectively and efficiently achieve this intent. A standing committee, in making a determination as to whether a statutory entity has demonstrated a public need for the continued existence of the statutory entity, its programs, or activities, shall take into consideration, among others, the following factors:

(1) The extent to which any information required to be furnished to the standing committee has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from said information are adverse to the legislative intent inherent in the powers, functions, and duties as established in the enabling legislation creating the statutory entity, or are inconsistent with present or projected public demands or needs.

(2) Based on strategic plans, master plans, and operating plans together with relevant performance measures and any other factors or information an examination of the extent to which the objectives of the statutory entity under evaluation conform to the statutory objectives for the statutory entity.

(3) The extent to which the objectives of the statutory entity under evaluation have been effectively and efficiently achieved as reflected by relevant performance measures, and an analysis of any significant variance between projected and actual performance.

(4) The extent to which the statutory entity has operated in the public interest and the extent to which its operation has been impeded or enhanced by existing statutes, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters.

(5) The extent to which the statutory entity has recommended statutory changes to the legislature which would benefit the public as opposed to the statutory entity itself.

(6) An identification of other statutory entities, or other programs or activities of state or local government having the same or similar objectives, together with a comparison of the cost-effectiveness of such statutory entities, programs, or activities and any duplication of the statutory entity under review.

(7) The extent to which the statutory entity has encouraged participation by the public in making its rules and decisions as opposed to participation solely by its constituency.

(8) The efficiency with which formal public complaints filed with the statutory entity concerning matters subject to its jurisdiction have been processed by the statutory entity.

(9) The extent to which changes are necessary in the enabling laws of the statutory entity to adequately comply with the factors listed in this Section.

(10) The extent to which the statutory entity's operation has been efficient and responsive to the public needs.

(11) The extent to which the statutory entity has encouraged that units regulated or served report to the statutory entity concerning the impact of rules and decisions regarding improved service, economy of service, or availability of service to the public.

(12) The extent to which the statutory entity has permitted qualified applicants to serve the public.

(13) The extent to which requirements of state and federal statutes and constitutions have been complied with by the statutory entity or the units it regulates or the constituency it serves.

(14) The findings, recommendations, and entity responses to any performance audits or studies conducted by the legislative auditor.

(15) The findings and recommendations of the Department of State Civil Service with respect to job descriptions and staffing of the statutory entity.

(16) The extent of privatization of the programs, functions, or activities of the statutory entity through the use of professional, personal, or consulting services.

(17) Any other relevant criteria which a standing committee, in its discretion, deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the respective statutory entity.

F.(1) The standing committees shall submit their final evaluation report to the legislature and the governor by March first before the regular legislative session in the year prior to the applicable termination date.

(2) The report of the standing committee shall include a summary of its findings concerning the factors listed in Subsection E of this Section.

(3) The standing committee making the report shall recommend termination, continuation, or modification of the appropriate statutory entity, including any proposals for reorganization, consolidation, or transfer of duties of the statutory entity, program, or activity. If the standing committee finds that a statutory entity or any of its programs or activities should terminate as scheduled, then the committee's report shall include proposed legislation, if any is necessary, to conform related laws to the termination of that statutory entity, its programs, or activities. If the standing committee finds that a statutory entity shall be continued or modified, then the committee's report shall include proposed legislation necessary to accomplish continuation or modification. If the committee finds that changes in particular programs or activities of the entity are needed, the report shall include proposed legislation necessary to accomplish such changes.

(4) The committee report shall also include an evaluation of whether the objectives of the entity for the next six years and measures for performance for these objectives are consistent with statutory authority or requirements of the entity.

(5) No recommendation of any joint reviewing committee shall be submitted in the report unless the recommendation is approved by the majority of the members of each house serving on the committee.

G. In the regular legislative session in the year prior to the year in which the applicable termination date occurs, a bill authorizing the re-creation of the statutory entity in question may be introduced and shall be referred to the standing committee that performed the initial review and evaluation. Such bill shall contain a termination date for the statutory entity being re-created no more than six years from its effective termination date. No more than one statutory entity shall be re-created in any bill, but this limitation shall not be construed to prohibit consolidation of two or more statutory entities or parts of statutory entities in any one bill.

H. Unless the legislature enacts the bill to continue or modify the entity, the entity shall begin to phase out its operations on the date set forth in R.S. 49:191 and the legislative authority for such statutory entity shall cease on the following July first.

I. If the bill authorizing re-creation of an entity does not become law, the statutes creating and continuing such entity shall be construed as repealed on the applicable termination date fixed in R.S. 49:190 and R.S. 49:191.

J. No funds shall be appropriated or otherwise be made available from any source whatsoever to any entity after the applicable termination date of such statutory entity unless it has been re-created in accordance with the procedure set forth in this Part.

K. If the bill authorizing re-creation of an entity becomes law, the committee may request, and the entity shall provide, a copy of the agency budget request and operating plan for the entity prepared and submitted to the governor for the ensuing year as provided in R.S. 39:33. Such budget request shall be submitted to the committee at the time it is submitted to the governor. The committee shall review the budget request and operating plan submitted by the entity and shall report any recommendations thereon to the Joint Legislative Committee on the Budget or its successor, prior to its deliberations on the proposed budget for the entity.

L. Standing committees making the reviews and evaluation may request the assistance of the Legislative Fiscal Office and the legislative auditor to compile pertinent information about the statutory entity under review for use during the evaluation.

M. Repealed by Acts 1995, No. 712, §2.

Added by Acts 1976, No. 277, §4. Amended by Acts 1978, No. 674, §1; Acts 1979, No. 512, §1; Acts 1984, No. 76, §3, eff. June 15, 1984; Acts 1986, No. 493, §3, eff. July 1, 1986; Acts 1986, No. 14, §4, eff. July 1, 1986; Acts 1986, No. 447, §6, eff. July 1, 1986; Acts 1986, No. 460, §1; Acts 1986, No. 282, §3, eff. June 30, 1986; Acts 1988, No. 58, §4; Acts 1989, No. 836, §3, eff. July 1, 1989; Acts 1995, No. 712, §§1, 2; Acts 1997, No. 997, §1; Acts 2004, No. 477, §1, eff. June 30, 2004; Acts 2022, No. 364, §1.

NOTE: See Acts 2004, No. 477, §2, relative to Act superseding conflicting provisions of R.S. 49:192 and 193.
La. Rev. Stat. § 49:158 — LA Code / Code revised-statutes / Title 49 / Section 158
Louisiana Day
Status: in_force

A. April 30th of each year is hereby designated as "Louisiana Day", which shall not be a legal holiday.

B. All civic and educational organizations and groups, and all service organizations and the governing authorities of all parishes and municipalities are urged to sponsor and arrange programs in celebration of said day, in order better to acquaint the citizenship of our state and particularly its young people, with its wealth, history, romance and legends and to stimulate our pride in its position of importance among its sister states.

C. The governor is urged to issue his proclamation each year in advance of said day, calling upon all its citizens to display replicas of its seal, its flag, its flower and all other insignia emblematic of the great state of Louisiana, in order to inspire its youth in the study of the lives of its distinguished citizens, past and contemporary.

Acts 1954, No. 44, §§1-3.
La. Rev. Stat. § 49:653 — LA Code / Code revised-statutes / Title 49 / Section 653
Charitable gaming regulation
Status: in_force

The Department of Revenue shall be responsible for the regulation of charitable gaming in accordance with the provisions of Chapter 11 of Title 4 of the Louisiana Revised Statutes of 1950.

Acts 1999, No. 568, §2, eff. June 30, 1999.

NOTE: See Acts 1999, No. 568, §§5 and 7.
La. Rev. Stat. § 49:222 — LA Code / Code revised-statutes / Title 49 / Section 222
Fees chargeable by secretary of state
Status: in_force

A. The secretary of state shall determine and collect, in accordance with the Administrative Procedure Act, such fees, other than the fees provided in Subsection B of this Section and other than fees for elections, as are reasonably necessary to carry out the duties of the office. The secretary of state shall publish a listing of such fees annually in the official journal of the state.

B. The secretary of state is authorized to collect the following fees:

(1) Domestic business corporations and limited liability companies.

(a) Twenty-five dollars for reserving a corporate name or limited liability company name, transferring a reserved corporate name or limited liability company name, terminating a reserved corporate name or limited liability company name, registering a corporate name, or renewing a registered corporate name.

(b) Seventy-five dollars for filing and recording corporation articles of incorporation, articles of amendment, articles of restatement, articles of domestication, articles of charter surrender, articles of nonprofit conversion, articles of nonprofit domestication and conversion, articles of dissolution, articles of revocation of dissolution, articles of reinstatement, articles of merger or share exchange, abandonment proceedings, simplified articles of termination, and articles of correction.

(c) One hundred dollars for filing and recording limited liability company articles of organization, amended articles of organization, dissolution proceedings, termination of dissolution proceedings, reinstatement proceedings, merger proceedings, conversions, and certificates of correction.

(d) Twenty dollars for filing any other document or issuing and sealing any other certificate required or permitted by the Business Corporation Act, R.S. 12:1-101 et seq., or the Limited Liability Company Law, R.S. 12:1301 et seq.

(e) Twenty-five dollars for a corporation's statement of change of registered agent or registered office, or both, the resignation of an agent or officer, appointment of a registered agent, change of domicile, appointment of new officers, directors, members, or managers, and change of address for agents, officers, directors, members, or managers.

(f) Twenty-five dollars for a supplemental initial report for a limited liability company.

(g) Thirty dollars for annual reports.

(2) Domestic nonprofit corporations.

(a) Seventy-five dollars for filing and recording articles of incorporation, amended articles of incorporation, dissolution proceedings, termination of dissolution proceedings, reinstatement proceedings, merger proceedings, conversions, and certificates of correction.

(b) Twenty dollars for issuing and sealing any other certificate required or permitted by the Nonprofit Corporation Law, R.S. 12:201 et seq.

(c) Twenty-five dollars for the resignation of an agent or officer; appointment of a registered agent; change of domicile; appointment of new officers or directors; and change of address for agents, officers, or directors.

(d) Ten dollars for annual reports.

(3) Foreign corporations and limited liability companies.

(a) One hundred twenty-five dollars for filing and recording applications for authority on corporations, amended applications, withdrawal proceedings, termination of withdrawal proceedings, reinstatement proceedings, merger proceedings, and certificates of correction.

(b) One hundred fifty dollars for filing and recording applications for authority on limited liability companies, amended applications, withdrawal proceedings, termination of withdrawal proceedings, reinstatement proceedings, merger proceedings, and certificates of correction.

(c) Twenty dollars for issuing and sealing any other certificate required or permitted by the Foreign Corporation Law, R.S. 12:301 et seq., or the Limited Liability Company Law, R.S. 12:1301 et seq.

(d) Twenty-five dollars for the resignation of an agent or officer; appointment of a registered agent; change of domicile; appointment of new officers, directors, members, or managers; and change of address for agents, officers, directors, members, or managers.

(e) Thirty dollars for annual reports.

(4) Partnerships and registered limited liability partnerships.

(a) One hundred fifty dollars for filing of partnership forms and filing of amendments of a foreign partnership.

(b) One hundred fifty dollars for the termination of the registration of a foreign partnership.

(c)(i) For partnerships, one hundred dollars for filing a contract of partnership of a domestic partnership or a registered limited liability partnership, and filing an amendment, merger, consolidation, or termination of a domestic partnership.

(ii) For registered limited liability partnerships, one hundred twenty-five dollars for filing original or renewal forms, conversions to and from a registered limited liability company, and merger or consolidation of a registered limited liability partnership.

(d) Two dollars plus one dollar per page for certification of partnerships or certified copies for registered limited liability partnerships.

(e) Twenty dollars for additional certificates for partnerships or additional certificates for registered limited liability partnerships.

(f) Thirty dollars for annual reports for partnerships.

(5) Trade names, trademarks, and service marks.

(a) Twenty-five dollars for a trade name, trademark, or service mark reservation.

(b) Seventy-five dollars for registering, renewing, assigning, or terminating a trade name, trademark, or service mark.

(c) Fifteen dollars for issuing a copy of any trade name, trademark, or service mark document.

(d) Fifteen dollars for sealing and certifying to correctness of a trade name, trademark, or service mark document on file.

(e) Twenty dollars for additional certificates.

(f) Repealed by Acts 2018, No. 560, §6, eff. May 28, 2018.

(g) Repealed by Acts 2018, No. 560, §6, eff. May 28, 2018.

(h) Repealed by Acts 2018, No. 560, §6, eff. May 28, 2018.

(6) One hundred dollars for conversion from or to a partnership, including the conversion of a limited liability company from or to a partnership.

(7) Twenty-five dollars for collection of agency registration.

(8) Five dollars for registration of conductors of public opinion polls.

(9) Ten dollars for registering information regarding a will or for furnishing information regarding a will.

(10) Seafood marketing associations.

(a) Thirty-five dollars for filing and recording articles of association, amended articles of association, dissolution proceedings, and merger proceedings.

(b) Ten dollars for additional certified copies of documents and certificates.

(c) Five dollars for a certified copy of a certificate only.

(11) General Fees.

(a) Fifteen dollars for additional certified copies.

(b) Twenty dollars for additional certificates.

(c) Twenty-five dollars for certified copies with amendments.

(d) Twenty-five dollars for copies with amendments.

(12) Special fees.

(a) There shall be a fifty-dollar fee for expedited "while you wait" service.

(b) There shall be a thirty-dollar fee for expedited twenty-four-hour service.

(c) There shall be a fifty-dollar fee for receipt of service of process or other instruments.

(13) Sixty dollars for filing applications and issuing certificates for state franchises to offer cable service or video service in this state.

(14) Home Service Contract Provider Applications.

(a) Six hundred dollars for filing applications for home service contract providers.

(b) Two hundred fifty dollars for filing renewals for home service contract providers.

(15) Motor vehicle service contract applications.

(a) Six hundred dollars for filing applications for motor vehicle service contract providers.

(b) Two hundred fifty dollars for filing renewals for motor vehicle service contract providers.

(16) Structured settlement purchase company registrations.

(a) Six hundred dollars for filing initial structured settlement purchase company registration.

(b) Two hundred fifty dollars for filing renewals for structured settlement purchase company registration.

Amended by Acts 1962, No. 269, §1, eff. July 10, 1962. Acts 1986, No. 855, §1, eff. July 10, 1986; Acts 1988, No. 92, §1, eff. June 29, 1988; Acts 1989, No. 581, §1; Acts 1990, No. 278, §§1 and 2; Acts 2008, No. 913, §4; Acts 2010, No. 70, §1, eff. June 1, 2010; Acts 2012, No. 412, §1, eff. May 31, 2012; Acts 2013, No. 316, §1; Acts 2014, No. 328, §3, eff. Jan. 1, 2015; Acts 2014, No. 791, §18; Acts 2018, No. 560, §§4, 6, eff. May 28, 2018; Acts 2022, No. 193, §4; Acts 2022, No. 600, §1.

NOTE: See Acts 1990, No. 278, §3.
La. Rev. Stat. § 49:1134 — LA Code / Code revised-statutes / Title 49 / Section 1134
Donations and grants; Louisiana Litter Abatement Grant Program
Status: in_force

A. The secretary is hereby authorized to accept, administer, and make use of federal, state, local, and private appropriations, public and private grants, and donations, and when it is deemed appropriate and feasible, to accept nonmonetary funding in the form of services or equipment for use in connection with any of the programs or purposes of this Chapter.

B.(1) The Louisiana Litter Abatement Grant Program is hereby created within the office of the secretary for the purpose of supporting community-based litter abatement programs.

(2) Grants through the program shall be made available to local governments and nonprofit organizations. Funding through the grant program shall be subject to the availability of funds and shall be awarded on a competitive basis to be determined by the secretary.

(3) The monies awarded through the grants shall be used to further the administration and execution of the Keep Louisiana Beautiful Program. Allowable uses of grant funding shall include but not be limited to the following:

(a) Keep America Beautiful fees.

(b) Keep Louisiana Beautiful precertification training, education curriculums, and workshops.

(c) Law enforcement seminars.

(d) Litter surveys.

(e) Projects, services, activities, and operational costs of litter abatement programs.

(f) Materials and services for program development and training.

(g) Direct expenditures for materials that can facilitate litter reduction, recycling, waste reduction, reuse, and general solid waste management programs.

(h) Minimal advertising, public relations, and promotional materials necessary for publicity and promotion of program activities.

(i) Salary of the program coordinator and staff.

(4) Each successful applicant shall supplement grant funds with a fifteen percent match from other sources. All matching funds must be available to the program after the date of the grant award, and funds spent prior to the grant award shall not be considered in fulfillment of the match requirement.

Acts 2022, No. 16, §2.
La. Rev. Stat. § 49:251 — LA Code / Code revised-statutes / Title 49 / Section 251
Opinions
Status: in_force

A. The attorney general shall give his opinion in writing upon all questions of law when required by the governor, the state auditor, or the state treasurer. He shall consult with and advise the district attorneys on all matters pertaining to the duties of their offices whenever requested by them.

B. The attorney general shall, within thirty days of receipt of a request, give his opinion in writing upon all questions of law when requested by any state board, agency, or commission or by any political subdivision pursuant to Subsection C, except parish and municipal governing authorities.

C. A state board, agency, commission or political subdivision, except parish and municipal governing authorities, shall request an opinion of the attorney general whenever its counsel advises that the public bid law of this state is not applicable to the particular state board, agency, commission, or political subdivision, except parish and municipal governing authorities. No state board, agency, commission, or political subdivision, except parish and municipal governing authorities, shall act in accordance with its attorney's advice that the public bid law of the state is not applicable to the particular body until an attorney general's opinion is rendered and received.

Amended by Acts 1975, No. 351, §1.
La. Rev. Stat. § 49:964 — LA Code / Code revised-statutes / Title 49 / Section 964
Public request for the adoption, amendment, or repeal of a rule; agency rule review
Status: in_force

A.(1) An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within ninety days after submission of a petition, the agency shall either deny the petition in writing, stating reasons for the denial, or shall initiate rulemaking proceedings in accordance with this Chapter. Each agency shall include on its website a description of the procedure for submitting petitions in accordance with this Subsection.

(2) The Office of the State Register shall provide for and host an online portal on its webpage to allow any interested person the opportunity to comment on any rule of an agency which the person believes is contrary to law, outdated, unnecessary, overly complex, or burdensome. The Office of the State Register shall forward each comment to the appropriate agency. Within ninety days after receiving a comment, the agency shall either respond in writing to the person stating reasons that the agency disagrees with the comment or shall initiate rulemaking proceedings to address the comments in accordance with this Chapter.

B.(1) At least once prior to January 1, 2020, and at least once during every six-year period thereafter, each agency subject to Subsection A of this Section which engages in rulemaking shall conduct a public hearing for the purpose of allowing any interested person the opportunity to comment on any rule of the agency which the person believes is contrary to law, outdated, unnecessary, overly complex, or burdensome. The agency shall publish notice of the meeting in the Louisiana Register, give notice of the meeting electronically to the appropriate legislative oversight committees, and provide notice of the meeting to all persons who have made timely request of the agency for notice of rule changes, all no later than thirty days prior to the meeting.

(2) The notice of the meeting shall contain:

(a) The name of the agency.

(b) The purpose of the meeting.

(c) The time and place of the meeting.

(d) The process for requesting reasonable accommodations for persons with disabilities.

(e) The name and contact information of the person within the agency to whom interested persons should direct their views regarding the agency's rules, if in writing, and the deadline for submission of written comments.

(3) The agency shall consider fully all written and oral comments and submissions concerning its rules. The agency shall advise persons who provide oral comments that in order to be submitted to the legislative oversight committees, comments must be submitted to the agency in writing. The agency shall issue a response to each submission describing the principal advantages and disadvantages of the rule changes suggested in the submission. In addition, the agency may prepare a statement explaining the basis and rationale for the rule in question identifying the data and evidence upon which the rule is based. All such statements and responses to submissions shall be furnished to the respective legislative oversight committees in the manner provided by R.S. 49:966(K) and shall be made available to interested persons as soon as possible but no later than one day following their submission to the appropriate legislative oversight committees.

C. Any interested person may request review of an occupational regulation by submitting a petition to the occupational licensing board that issued the regulation. An occupational licensing board shall review a regulation provided for in the petition for full compliance with the least restrictive regulation as set forth in R.S. 37:43 or R.S. 49:260, as applicable.

D. Each year, each agency shall review a sufficient number of the rules adopted by the agency so that all of the rules of the agency have been reviewed within a five-year period and shall submit a report to the appropriate legislative oversight committees in the manner provided by R.S. 49:966(K). The report shall include a listing of the rules reviewed by the agency during the previous calendar year, a description of whether each such rule is necessary and consistent with law and the agency's mission, a determination whether the probable benefits of the rule outweigh the burdens and costs on persons regulated by the rule, and the agency's proposed action, if any, regarding each such rule; a complete listing of rules reviewed by the agency since the beginning of the five-year period; and the percentage of the agency's rules that have been reviewed by the agency since the beginning of the five-year period.

Acts 2022, No. 663, §1; Acts 2024, No. 192, §1.

NOTE: Former R.S. 49:964 redesignated as R.S. 49:978.1 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:999.22 — LA Code / Code revised-statutes / Title 49 / Section 999.22
Enforcing authority; initiation of action
Status: in_force

A. Any enforcing authority may bring an action against the holder of a license or permit to suspend and ultimately revoke such license or permit in the manner and according to the procedure provided for in this Part if the enforcing authority obtains knowledge that the natural person who is the holder of the permit or license, or the natural person who owns in excess of fifty percent of the entity which holds the license or permit, or the natural person who is the chief executive officer of the entity which holds the license or permit has been convicted of, or has entered a plea of guilty or nolo contendere to, a crime which is a felony under state or federal law related to obtaining or keeping the license or permit.

B. The enforcing authority may initiate the action by providing written notice by certified mail of its intention to suspend and ultimately revoke the license or permit of the holder pursuant to this Part, sent to the holder of the license or permit, the person alleged to have been convicted of, or to have entered a plea of guilty or nolo contendere to, a felony under state or federal law related to obtaining or keeping the license or permit, and to the issuing agency which issued the license or permit, if different from the enforcing authority.

Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
La. Rev. Stat. § 49:155.5 — LA Code / Code revised-statutes / Title 49 / Section 155.5
State Senate poem
Status: in_force

There shall be an official state Senate poem. The official state poem of the Senate of the Legislature of Louisiana, written by Jean McGivney Boese, and entitled, "Leadership", reads as follows:

"It is easy to bend with the wind and be weak,

Wrapped in silence when it would take courage to speak,

To do nothing when crises demand that you act;

To prefer a delusion to unpleasant fact.

But the easy evasions that dreamers embrace

Are denied to a leader with problems to face.

He must cope with the world as he finds it, and plan

To make each hard decision as well as he can.

He can't hide from the truth or deny what is real.

Though a lie might assuage all the fears people feel.

For the truth is the truth, and no lie can prevail.

In a world that is real, one must face truth or fail."

Acts 1999, No. 843, §1.
La. Rev. Stat. § 49:214.6.5 — LA Code / Code revised-statutes / Title 49 / Section 214.6.5
Hurricane protection and flood control activities; levees or levee drainage purposes; taking of property; compensation
Status: in_force

A. Pursuant to Article I, Section 4(G) and Article VI, Section 42(A) of the Constitution of Louisiana, compensation paid for the taking of, or loss or damage to, property rights affected by the construction, enlargement, improvement, or modification of federal or non-federal hurricane protection projects, including mitigation related thereto, shall not exceed the compensation required by the Fifth Amendment of the Constitution of the United States of America.

B. For the purposes of this Section, "full extent of the loss" as provided in any law or rule affecting taking of property for the purposes set forth in Subsection A of this Section shall mean compensation required by the Fifth Amendment of the Constitution of the United States of America.

C. The provisions of this Section shall supersede and control to the extent of conflict with any other provision of law.

D. As provided in Article I, Section 4(G) of the Constitution of Louisiana, the provisions of this Section shall not apply to compensation paid for a building or structure that was destroyed or damaged by an event for which a presidential declaration of major disaster or emergency was issued, if the taking occurs within three years of such event.

Acts 2009, No. 523, §3, eff. July 10, 2009.
La. Rev. Stat. § 49:220.33 — LA Code / Code revised-statutes / Title 49 / Section 220.33
Functions; recommendations
Status: in_force

A. The committee shall have the following functions and duties:

(1) To advise the governor on all matters relative to rural water systems in Louisiana.

(2) To advise and provide technical assistance to rural water systems, local governments, and nonprofit organizations to improve infrastructure and ensure compliance with state and federal regulations.

(3) To work collaboratively to assess and prioritize rural water system deficiencies.

(4) To offer emergency response assessments for rural water systems during public health emergencies upon request.

(5) To foster cooperation among federal, state, and local governmental agencies on all issues pertaining to rural water systems.

(6) To conduct such studies as are necessary to develop and implement a comprehensive rural water infrastructure plan.

(7) To create a clearinghouse of educational materials to assist rural water systems, local governments, and nonprofit organizations.

(8) To review programs, conditions, trends, and engineering findings which affect rural water systems in order to make recommendations for improvements.

(9) To assist in the identification of potential sources of funding for rural water systems and to develop advice with respect to which expenditures are in the best interest of the state.

B. The committee shall advise and make recommendations to the governor on the following:

(1) Establishing funding criteria for rural water systems.

(2) Establishing a process to hold noncompliant water systems accountable including legislative audits and mandatory management training.

(3) Increasing inspection and enforcement of rural water systems by state agencies.

(4) Establishing a system for the review of engineering proposals for infrastructure upgrades to rural water systems.

(5) Developing financial incentives for rural water systems to consolidate when deemed appropriate.

(6) Developing recommendations for legislative action relative to rural water systems.

C. The committee shall submit a written report to the governor by March first of each year relative to the progress, challenges, and recommendations concerning policy and possible legislation relative to rural water systems.

Acts 2019, No. 126, §2, eff. June 6, 2019.
La. Rev. Stat. § 49:256 — LA Code / Code revised-statutes / Title 49 / Section 256
Attorney general
Status: in_force

The attorney general shall not engage in the private practice of law during his term of office, but shall devote his full time to the duties of the office of the attorney general.

Amended by Acts 1952, No. 478, §1; Acts 1956, No. 125, §1; Acts 1960, No. 532, §1; Acts 1965, No. 61, §3; Acts 1969, No. 11, §6; Acts 1974, No. 433, §6; Acts 1979, No. 236, §7, eff. Sept. 1, 1979; Acts 1980, No. 376, §5, eff. Sept. 1, 1980; Acts 1981, No. 636, §8, eff. Sept. 1, 1981; Acts 1995, No. 846, §3, eff. Jan. 8, 1996.
La. Rev. Stat. § 49:1116 — LA Code / Code revised-statutes / Title 49 / Section 1116
Commission staff
Status: in_force

The commission may employ an executive director, an administrative assistant, and other staff, consultants, attorneys, and other such persons the commission may deem necessary in carrying out its mandate. The executive director and the administrative assistant shall be in the unclassified civil service.

Acts 1995, No. 742, §2, eff. June 27, 1995.
La. Rev. Stat. § 49:214.5.2 — LA Code / Code revised-statutes / Title 49 / Section 214.5.2
Functions and responsibilities; Coastal Protection and Restoration Authority Board
Status: in_force

A. The board shall:

(1) Represent the state's position in policy relative to the protection, conservation, enhancement, and restoration of the coastal area of the state through oversight of integrated coastal protection projects and programs and by addressing activities which require a coastal use permit which could significantly affect integrated coastal protection projects and programs, all consistent with the legislative intent as expressed in R.S. 49:214.1.

(2) Develop, coordinate, make reports on, and provide oversight for a comprehensive coastal protection master plan and annual plans, working in conjunction with state agencies, political subdivisions, including flood protection authorities, levee districts, and federal agencies. The master plan shall include a comprehensive strategy addressing the protection, conservation, enhancement, and restoration of the coastal area through the construction and management of integrated coastal protection projects and programs, all consistent with the legislative intent as expressed in R.S. 49:214.1. The annual plan shall be developed as the annual implementation of the comprehensive master plan and shall be submitted to the legislature for approval as set forth in R.S. 49:214.5.3. The annual plan shall include a description and status of all projects and programs pertaining to integrated coastal protection, including privately funded wetland enhancement projects or plans, and addressing those activities requiring a coastal use permit which significantly affect projects set forth in the plan, all consistent with the legislative intent as expressed in R.S. 49:214.1.

(3) Submit to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works the integrated coastal protection plans developed pursuant to R.S. 49:214.5.3. Upon approval of the plans by the legislative committees and prior to implementation of the plans, in whole or in part, the plans shall be approved by the legislature as provided in R.S. 49:214.5.3(E).

(4) Have the discretion to approve all requests for integrated coastal protection programs and projects in the coastal area, insofar as such requests are for funds to be appropriated from the Coastal Protection and Restoration Trust Fund.

(5) Be authorized to delegate any of its powers, duties, and functions to the chairman of the board, to the executive director of the Coastal Protection and Restoration Authority, or to state agencies, political subdivisions, including flood protection authorities, or levee districts.

(6) Develop procedures in accordance with the Administrative Procedure Act and take actions against any entity, including political subdivisions, to enforce compliance with the comprehensive master coastal protection plan. Such procedures and actions may include but are not limited to determinations of noncompliance; appeal from such determinations; the taking of administrative action, including the withholding of funds; and civil action, including the seeking of injunctive relief, or any other remedy necessary to ensure compliance with the plan.

(7) Have the power and authority to enter into any contract with the federal government or any federal agency or any political subdivision of the state or private individual for the study, planning, engineering, design, construction, operation, maintenance, repair, rehabilitation, or replacement of any integrated coastal protection project and to this end, may contract for the acceptance of any grant of money upon the terms and conditions, including any requirement of matching the grants in whole or part, which may be necessary.

(8) Have the power and authority to maximize the use of non-federal funds and in-kind donations to provide for the costs associated with non-federal cost-share requirements associated with integrated coastal protection projects.

(9) Develop guidelines for cost-sharing agreements with public and private entities participating in approved integrated coastal protection projects.

(10) Be the responsible party for the Westbank Hurricane Protection projects in accordance with R.S. 38:100 et seq., and the Lower Atchafalaya River Interim Flood Protection projects in accordance with R.S. 38:106 et seq.

(11) Have the power to enter into any agreement with a parish governing authority located wholly or partially within the coastal area but which is not part of a levee district for the construction, operation, maintenance, repair, rehabilitation, or replacement of any coastal protection, conservation and restoration, hurricane protection, infrastructure, storm damage reduction, integrated coastal protection, or flood control project. The board shall have the power to provide in the agreement for the use and exercise by the parish governing authority of any and all powers of levee districts or levee and drainage districts.

B. The board may:

(1) Accept and use, in accordance with law, gifts, grants, bequests, endowments, or funds from any public or private source for purposes consistent with responsibilities and functions of the board and take such actions as are necessary to comply with any conditions required for such acceptance.

(2) Utilize the services of other executive departments of state government upon mutually agreeable terms and conditions.

(3) Take such other actions not inconsistent with law as are necessary to perform properly the functions of the board.

(4) Adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subpart.

(5) Delegate signing authority for contracts to the chairman of the board, the executive director of the Coastal Protection and Restoration Authority, or an authorized designee of either. Such designation by the chairman or the executive director shall be by authentic act.

C. Approval by the board shall be required for any request by a state agency or department for any funds to finance research, programs, mitigation, or projects involving integrated coastal protection, including hurricane protection or the conservation and restoration of coastal wetlands resources; however, this Subsection shall not affect self-generated or dedicated funds.

D. No state agency or entity shall enter into a contract with the United States Army Corps of Engineers which would require the state to assume liability for or provide the cost of operations and maintenance for a hurricane protection project unless the contract provides for independent third-party review and evaluation in accordance with the best available science and technical capabilities to confirm the project's anticipated level of protection against hurricane flooding prior to the state or political subdivision assuming liability and operations and maintenance obligations. The independent third-party reviewer and evaluator provided for in the contract shall be approved by both the United States Army Corps of Engineers and the nonfederal sponsor. However, the provisions of this Subsection shall not apply to contracts for routine maintenance or other minor construction or repairs, or in cases where there is imminent threat to life or property, or when the chairman of the Coastal Protection and Restoration Authority Board, with the approval of the board, determines that an emergency exists whereby compliance with the provisions of this Subsection would create an unreasonable hardship.

E. Notwithstanding any other provision of law to the contrary, the Department of Wildlife and Fisheries may enter into a cooperative endeavor agreement with the authority, board, or a levee district to allow the use of the department's personnel, equipment or lands owned or leased by the state to satisfy wetland mitigation requirements imposed upon the authority or levee district by federal, state, or local law.

F. Upon the approval by the board, and notwithstanding any law to the contrary, the authority, the state, or any political subdivision thereof, may use its own resources for satisfying any mitigation requirements resulting from or related to an integrated coastal protection project.

G. Notwithstanding any law to the contrary, the Coastal Protection and Restoration Authority, upon approval by the board, may enter into a contract for the study, investigation, and cleanup of, or response to, hazardous substances directly with any person or entity who has entered into a contract with the United States Army Corps of Engineers for an integrated coastal protection program or project where the hazardous substance is located and if federal law, rules, regulations, guidance, or the terms of a cooperative, partnership, or other agreement for the program or project require the state of Louisiana to directly take action with regard to the study, investigation, and cleanup of, or response to, the hazardous substance. Nothing in this Section shall prevent the authority from contracting with any person or entity in any other manner permitted by law. In approving the contract with the United States Army Corps of Engineers contracting entity or person, the board shall do all of the following:

(1) Make a determination that the United States Army Corps of Engineers entered into the contract with its contractor through a public bid process.

(2) Obtain from contractors other than the one under contract with the United States Army Corps of Engineers, at least two estimates for the needed work to be conducted under the contract for study, investigation, and cleanup of, or response to, hazardous substances from persons or entities qualified to conduct such work, as determined by the board.

(3) Obtain an estimate for the needed work from the United States Army Corps of Engineers contractor.

(4) Make a determination that contracting directly with the United States Army Corps of Engineers contractor is economical, feasible, and in the best interest of the health, safety, and welfare of the citizens of the state of Louisiana.

H.(1) The board may establish a natural resource damages restoration banking program as an alternative method to offset injuries to natural resources sustained as a result of oil spills in coastal areas as defined in R.S. 49:214.2, consistent with the Oil Pollution Act of 1990 and the Oil Spill Prevention and Response Act, R.S. 30:2451 et seq. A "restoration bank" is a site where land or resources are restored, created, enhanced, or preserved for the purpose of restoring natural resources injured by oil spills in Louisiana's coastal areas. "Restoration" is an umbrella term whose meaning encompasses the creation, enhancement, preservation, rehabilitation, or replacement of natural resources. Such restoration bank program shall be established through the promulgation of rules and regulations under the Administrative Procedure Act and shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources for oversight. The rules and procedures developed by the board shall do the following:

(a) Set forth a process and procedures for the certification and establishment of restoration banks in the state, including criteria for adoption of a restoration banking instrument. "Restoration banking instrument" is the documentation of state and bank sponsor agreement on the objectives and administration of the bank that describes in detail the physical and legal characteristics of the bank, including the service area, the types and numbers of restoration credits expected to be generated, and how the bank will be established and operated. "Restoration credit" means a unit of trade generated by a restoration bank certified by the state and representing the increase in the ecological value of the bank site, as measured by acreage, ecological function, or another recognized assessment method.

(b) Ensure certification is provided only to restoration banks meeting the requirements of this Chapter and the rules and procedures promulgated by the board.

(c) Ensure priority for certification is given to restoration banks that enhance the resilience of coastal resources to inundation and coastal erosion.

(d) Ensure certification is provided only to restoration banks for which the restoration banking sponsor has secured adequate financial assurance and permanent legally enforceable protection for any restored lands or resources. "Financial assurance" means the money or other form of financial instrument required of the sponsor of a restoration bank to ensure that the functions of the bank are achieved and maintained over the long term.

(e) Establish criteria for determining service areas for restoration banks.

(f) Establish criteria for operation and monitoring of restoration banks.

(g) Establish ecological success criteria or performance standards for restoration banks.

(h) Establish a system for calculating the number and type of restoration credits generated by a restoration bank.

(i) Establish a system for the transfer or sale of restoration credits to a responsible party or natural resource trustee and for the transfer of liability for restoration from a responsible party to the restoration bank sponsor in a manner that provides natural resource trustee agencies with certainty as to restoration outcomes.

(2) Neither the state nor any state agency may act as a natural resource damage restoration bank sponsor under the provisions of this Subsection. For the purposes of this Subsection, a "bank sponsor" is a person or entity responsible for developing and operating a natural resource damage restoration bank.

I. The board may adopt rules establishing a compensation schedule for the unauthorized discharge of oil in coastal areas. The compensation schedule shall be adopted under the provisions of the Administrative Procedure Act and submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources for oversight. "Unauthorized discharge of oil" means any actual or threatened discharge of oil not authorized by a federal or state permit as provided in R.S. 30:2451 et seq., the Oil Spill Prevention and Response Act. Any compensation schedule adopted pursuant to this Section shall reflect adequate compensation for unquantifiable damages or for damages not quantifiable at reasonable cost and shall take into account the following:

(1) Characteristics of any oil spilled, such as toxicity, dispersibility, solubility, and persistence, that may affect the severity of the effects on the receiving environment, living organisms, and recreational and aesthetic resources.

(2) The sensitivity of the affected areas as determined by such factors as the following:

(a) The location of the spill.

(b) Habitat and living resource sensitivity.

(c) Seasonal distribution or sensitivity of living resources.

(d) Areas of recreational use or aesthetic importance.

(e) The proximity of the spill to important habitats for birds, aquatic mammals, fish, or to species listed as threatened or endangered under state or federal law.

(f) Significant archaeological resources as determined by the division of archaeology of the Department of Culture, Recreation and Tourism.

(g) Other areas of special ecological or recreational importance, as determined by the authority.

(3) Actions taken by the party who spilled oil or any other responsible party for the spill that include the following:

(a) Demonstrating a recognition and affirmative acceptance of responsibility for the spill, such as the immediate removal of oil and the amount of oil removed from the environment.

(b) Enhancing or impeding the detection of the spill, the determination of the quantity of oil spilled, or the extent of damage, including the unauthorized removal of evidence such as injured fish or wildlife.

J. The board shall submit to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources by January fifteenth of each calendar year a report listing each restoration bank certified under the provisions of Subsection H of this Section, including the names of the principals involved in the bank, every restoration credit traded over the past twelve months, and the two parties between whom the credits were traded.

K.(1) The board shall broadcast over the internet live audio and video streams of all its board meetings in which votes are scheduled to occur.

(2) All meetings broadcast in accordance with Paragraph (1) of this Subsection shall be recorded, archived, and made accessible to the public for at least six years after the date of the meeting.

(3) The provisions of this Subsection shall not apply to executive sessions held in accordance with the Open Meetings Law as provided in R.S. 42:11 et seq.

(4) The audio and video records created pursuant to this Subsection shall not be construed in a manner to be the official record, or any part of the official record, of the proceedings of a meeting of the board.

(5) If the board is precluded from fulfilling the requirements of this Subsection due to a technical problem beyond its control, or when the only meeting room available lacks the equipment necessary to facilitate internet broadcast, the failure to broadcast or record the proceedings of a meeting of the board shall not be construed to be a violation of the provisions of this Subsection. However, the board shall take no votes at this meeting.

Acts 2009, No. 320, §1; Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 734, §6; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2014, No. 527, §1, eff. June 5, 2014; Acts 2015, No. 69, §1; Acts 2016, No. 362, §1; Acts 2018, No. 157, §1, eff. May 15, 2018.
La. Rev. Stat. § 49:996 — LA Code / Code revised-statutes / Title 49 / Section 996
Duties of the director
Status: in_force

The director of the division shall take the following actions:

(1) Administer and cause the work of the division to be performed in such a manner and pursuant to such a program as may be appropriate.

(2) Organize the division into such sections as may be appropriate.

(3) Assign administrative law judges as appropriate to perform duties vested in or required by the division.

(4) Develop and maintain a program for the continual training and education of administrative law judges and agencies in regard to their responsibilities under this Chapter and the Administrative Procedure Act.

(5) Secure, compile, and maintain all records of adjudications held pursuant to this Chapter or the Administrative Procedure Act, and such reference materials and supporting information as may be appropriate.

(6) Develop uniform standards, rules of evidence, and procedures, including but not limited to standards for determining whether or not a summary or ordinary hearing should be held, to regulate the conduct of adjudications.

(7) Promulgate and enforce rules for the prompt implementation and coordinated administration of this Chapter as may be appropriate.

(8) Administer and supervise the conduct of adjudications.

(9) Assist agencies in the preparation, consideration, publication, and interpretation of rules as appropriate pursuant to the Administrative Procedure Act.

(10) Employ the services of the several agencies and their employees in such manner and to such extent as may be agreed upon by the director and the chief executive officer of such agency.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2003, No. 1056, §1.

NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
La. Rev. Stat. § 49:214.8.2 — LA Code / Code revised-statutes / Title 49 / Section 214.8.2
Definitions
Status: in_force

As used in this Subpart, the following terms shall have the meaning ascribed to them below:

(1) "Access project" means construction or renovation of a boat launch or a roadway that provides access to areas of the Atchafalaya Basin, or acquisition of a maximum of fifteen hundred acres, all in compliance with the provisions of the state or federal master plans.

(2) "Annual basin plan" means the list of projects or stages of projects to be undertaken in any single fiscal year. The annual basin plan shall be included in the annual state integrated coastal protection plan provided for in R.S. 49:214.2.

(3) "Atchafalaya Basin" means the area located within the guide levees of the Atchafalaya Basin and those areas directly adjacent to the levees bounded on the north by U.S. Highway 190 and on the south by Morgan City, and as defined in the Atchafalaya Basin Floodway System, Louisiana Project.

(4) "Atchafalaya Basin Floodway System, Louisiana Project" means the Atchafalaya Basin Floodway System, Louisiana Project and enacted by the 1982 Atchafalaya Basin Floodway System, United States Army Corps of Engineers feasibility study, Supplemental Appropriations Act of 1985, Public Law 99-88, as amended by the Water Resources Development Act of 1986, Public Law 99-662, the Energy and Water Development Appropriations Act of 1991, Public Law 101-514, the Energy and Water Development Appropriations Act of 1997, Public Law 104-206, the Water Resources Development Act of 2000, Public Law 106-541, and the Water Resources Development Act of 2007, Public Law 110-114.

(5) "Authority" means the Coastal Protection and Restoration Authority.

(6) "Basin master plan" means the plan developed by the state in accordance with the federal Atchafalaya Basin Floodway System, Louisiana Project, pursuant to federal law, including the Supplemental Appropriations Act of 1985, Public Law 99-88, and the Water Resources Development Act of 1986, Public Law 99-662, the Energy and Water Development Appropriations Act of 1991, Public Law 101-514, the Energy and Water Development Appropriations Act of 1997, Public Law 104-206, the Water Resources Development Act of 2000, Public Law 106-541, and the Water Resources Development Act of 2007, Public Law 110-114.

(7) "Board" means the Coastal Protection and Restoration Authority Board.

(8) "Director" means the executive director of the Coastal Protection and Restoration Authority.

(9) "Program" means the Atchafalaya Basin Program.

(10) "Water management project" means any project that facilitates improvements to water quality, interior circulation, water access, or improvements to general ecosystem function by means of sediment reduction, removal, or diversion.

Acts 2018, No. 570, §3, eff. July 1, 2018.
La. Rev. Stat. § 49:132 — LA Code / Code revised-statutes / Title 49 / Section 132
Meetings; quorum
Status: in_force

The board shall meet on the call of the governor and a quorum shall consist of the chairman and board members.
La. Rev. Stat. § 49:1403 — LA Code / Code revised-statutes / Title 49 / Section 1403
Reports
Status: in_force

Beginning in 2023, any agency that administers a program shall, no later than February fifteenth of each year, submit a report to the legislature, providing, at a minimum, the following information:

(1) For the current fiscal year, the total dollar amount and percentage of the agency's budget for the program allocated for program integrity and eliminating fraud, waste, and abuse.

(2) A description of the agency's current policies and practices that reduce fraud, waste, and abuse of program benefits.

(3) For the preceding calendar year, the total number of individuals determined by the agency or legislative auditor to have improperly received benefits through the program and the total dollar amount of benefits improperly received.

(4) The type and amount of improper payments.

(5) The type and amount of any improper payments prevented, if known.

(6) The dollar amount the state saved in preventing improper payments, and if any, in recouping improper payments.

(7) A description of all policies, processes, and procedures in place at the agency to determine eligibility for the program. The description shall include details about what information the agency verifies or cross-checks through databases and data exchanges with other agencies, including national databases, and the frequency of that verification or cross-checking.

(8) A description of all policies, processes, and procedures in place at the agency to identify individuals receiving benefits under the program who are no longer eligible to receive benefits and what steps, if any, are taken, and under what timeline, to remove identified individuals from program participation.

(9) A detailed description of all policies, processes, and procedures in place at the agency to verify federal or state work or work search requirements for benefit eligibility, if applicable.

(10) The frequency with which the agency performs the verification.

(11) A description of any barriers the agency identifies to implementing additional program integrity measures, including privacy or data sharing impediments, administrative burden, and any increase in financial cost.

(12) A description of all metrics and data points used by the agency to measure success of the program, including all metrics and data points related to program integrity and fraud.

(13) For the preceding calendar year, measures of access in the program, including:

(a) For each month, the number of applications received, the percentage of applications denied, and the percentage of applications denied for procedural reasons.

(b) Monthly call center performance metrics for call centers serving clients and applicants, including the average number of calls and the average and maximum call wait times.

(c) The average caseload per caseworker.

(14) A detailed description of the program's administrative appeals process for clients, including but not limited to the number of hearings requested by clients and the number of hearings waived by clients.

Acts 2022, No. 542, §1, eff. June 17, 2022.
La. Rev. Stat. § 49:1136 — LA Code / Code revised-statutes / Title 49 / Section 1136
Anti-litter campaign; industrial and civic cooperation requested
Status: in_force

In order to aid in the statewide anti-litter campaign authorized by this Chapter, the secretary may solicit the assistance and active cooperation of industry and private civic organizations which are active in anti-litter efforts so that additional effect may be given to the campaign to eradicate litter within the state.

Acts 2022, No. 16, §2.
La. Rev. Stat. § 49:214.8.6 — LA Code / Code revised-statutes / Title 49 / Section 214.8.6
Annual basin plan
Status: in_force

A. The director shall develop an annual basin plan that includes all projects or stages of projects that will be proposed for funding or funded in any one fiscal year. The annual basin plan may include projects that are any of the following:

(1) A part of the basin master plan.

(2) A part of the Atchafalaya Basin Floodway System, Louisiana Project.

(3) A water management or water quality project that meets the criteria developed by the director for inclusion in an annual plan and has been approved through the procedures adopted by the board for inclusion of a project in the annual plan, including public hearings.

(4) A project consistent with the mission statement contained in the basin master plan.

(5) A project to be completed that was previously approved by the board.

(6) A project consistent with the comprehensive master coastal protection plan as defined in R.S. 49:214.2.

B. As a part of the procedures to be followed by the director in the development of an annual basin plan, the chair of the board shall appoint a technical advisory group to review, evaluate, and approve all water management and water quality projects proposed for inclusion in an annual plan. The technical advisory group shall consist of the following appointments:

(1) The director or his designee who shall serve as the chair of the group.

(2) One member from the Department of Environmental Quality.

(3) One member from the Department of Agriculture and Forestry.

(4) One member from the Department of Conservation and Energy.

(5) One member from the United States Geological Survey.

(6) One member from the United States Fish and Wildlife Service.

(7) One member from the United States Army Corps of Engineers.

(8) One member from the Louisiana State University School of Renewable Natural Resources.

(9) One member from the Department of Wildlife and Fisheries.

(10) One member from the Department of Culture, Recreation and Tourism.

(11) One member from the Louisiana Department of Health.

(12) One member from the state land office.

(13) One member from the Atchafalaya Basin Levee Board, selected by the levee board who must be a professional in engineering, geotechnology, hydrology, or environmental science.

(14) One member chosen by the Police Jury Association of Louisiana from a list of names submitted by the parish governing authorities of parishes which lie, all or part thereof, within the boundaries of the Atchafalaya Basin west of the Atchafalaya River who must be a professional in engineering, geotechnology, hydrology, or environmental science.

(15) One member chosen by the Police Jury Association of Louisiana from a list of names submitted by the parish governing authorities of parishes which lie, all or part thereof, within the boundaries of the Atchafalaya Basin east of the Atchafalaya River who must be a professional in engineering, geotechnology, hydrology, or environmental science.

C. Meetings of the technical advisory group shall be held in accordance with R.S. 42:11 et seq., the Open Meetings Law, and the group shall allow for public input and comment into its deliberations. The date, time, and location of any meeting held to discuss projects for inclusion in the annual basin plan shall be advertised in the official journal of the state at least seven days prior to the meeting. Any project recommended by the technical advisory group for inclusion in an annual basin plan shall first be certified by that group as a project that would result in significant water management or water quality improvements that will enhance the wildlife, fisheries, or forest resources of the Atchafalaya Basin.

D. After receipt of the recommendations on all water management and water quality projects approved by the technical advisory group and receipt of recommendations from the staff, the board shall develop an annual basin plan. The board shall hold public hearings on the proposed plan prior to the adoption of the annual plan. Information received during the public hearings may be used by the board to amend the annual plan prior to presentation to the legislature.

Acts 2018, No. 570, §3, eff. July 1, 2018; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
La. Rev. Stat. § 49:310 — LA Code / Code revised-statutes / Title 49 / Section 310
Payments
Status: in_force

The state treasurer shall pay over all money due to any person or corporation by the state, into their own hands, or by order from them, and in no other manner whatever, any order of seizure or attachment to the contrary notwithstanding.

Acts 1976, No. 428, §1, eff. July 31, 1976.
La. Rev. Stat. § 49:1302 — LA Code / Code revised-statutes / Title 49 / Section 1302
Website; content
Status: in_force

The website established pursuant to R.S. 49:1301 shall contain the following information for boards, commissions, and like entities covered by this Chapter:

A. Each notice of a meeting required to be given pursuant to R.S. 42:19, including all of the information required pursuant to R.S. 42:19 to be included in the notice.

B. Minutes of meetings required to be made available to the public pursuant to R.S. 42:20, including any attachments.

C. Statutory citations to provisions specifically creating the board, commission, or like entity; providing for its membership; and providing for its powers and authority.

D. Contact information, including the name of one or more contacts at the board, commission, or like entity; a mailing address; an e-mail address, if applicable; a website address, if applicable; and a phone number.

E.(1) Membership information, including the number, names, compensation, terms, length of service, and method of selection of members.

(2) The information required by this Subsection shall include per diem and reimbursement for travel expenses, including the amount of such expenses paid per meeting and an aggregate amount of such expenses paid per fiscal year.

F. Employee information, including the number, job description or title, and salaries of employees.

G. Financial and budget information, including a detailed description of revenues and expenditures for the current fiscal year and the previous two fiscal years.

H. The rules, regulations, and procedures of the board, commission, or like entity.

NOTE: §1302 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.

§1302. Redesignated as R.S. 43:82 by Acts 2025, No. 374, §4(A).

Acts 2009, No. 12, §1, eff. March 1, 2010; Acts 2010, No. 814, §2, eff. May 1, 2011; Acts 2025, No. 374, §4(A), eff. July 1, 2027.

NOTE: See Acts 2009, No. 12, §2.
La. Rev. Stat. § 49:1132 — LA Code / Code revised-statutes / Title 49 / Section 1132
Definitions
Status: in_force

As used in this Chapter, the following words have the meanings ascribed to them unless the context requires otherwise:

(1) "Department" means the state Department of Culture, Recreation and Tourism.

(2) "Dispose" means to throw, discard, place, deposit, discharge, burn, dump, drop, eject, or allow the escape of a substance.

(3) "Litter" means all waste material except as provided and defined in R.S. 30:2173, including but not limited to disposable packages, containers, sand, gravel, rubbish, cans, bottles, refuse, garbage, trash, cigarettes, cigarette butts, cigars, cigarillos, cigar or cigarillo tips, debris, dead animals, furniture or appliances, automotive parts including but not limited to tires and engines, trailers, boats and boating accessories, tools and equipment, and building materials, roofing nails, or other discarded materials of any kind and description. While being used for or distributed in accordance with their intended uses, litter shall not include political pamphlets, handbills, religious tracts and newspapers, and other similar printed materials, the unsolicited distribution of which is protected by the Constitution of the United States or the Constitution of Louisiana. Litter shall not include agricultural products that are being transported from the harvest or collection site to a processing or market site if reasonable measures are taken to prevent the agricultural product from leaving the transporting vehicle. Litter shall also not include recyclable cardboard being transported in compressed bundles to processing facilities. "Agricultural product" as used in this definition means all crops, livestock, poultry, and forestry, and all aquacultural, floricultural, horticultural, silvicultural, and viticultural products.

(4) "Local government" means the governing authority of a parish or the governing authority of the municipality.

(5) "Public or private property" means the right-of-way of any road or highway, levee, body of water or watercourse, or the shores or beaches thereof, any park, playground, building, refuge, or conservation or recreation area, and residential or farm properties, timberlands, or forests.

(6) "Secretary" means the office of the secretary of the Department of Culture, Recreation and Tourism.

Acts 2022, No. 16, §2.
La. Rev. Stat. § 49:170.4 — LA Code / Code revised-statutes / Title 49 / Section 170.4
State freshwater fish
Status: in_force

There shall be an official state freshwater fish. The official state freshwater fish shall be the white perch (poxomis annularis, sac-au-lait). Its use on the official documents of the state and with the insignia of the state is hereby authorized.

Acts 1993, No. 460, §1.
La. Rev. Stat. § 49:214.30 — LA Code / Code revised-statutes / Title 49 / Section 214.30
Coastal use permits
Status: in_force

A.(1) No person shall commence a use of state or local concern without first applying for and receiving a coastal use permit. Decisions on coastal use permit applications shall be made by the secretary, except that the local government shall make coastal use permit decisions as to uses of local concern in areas where an approved local program is in effect. Conditions set forth in a coastal use permit shall supersede any and all variances or exceptions granted by the commissioner of conservation in accordance with R.S. 30:4(E)(1) for activities within the coastal zone as defined by R.S. 49:214.24.

(2) Prior to issuance of a coastal use permit, the secretary shall ensure that the activity for which application is being made is consistent with the state's master plan for integrated coastal protection. No activity which is not consistent with the plan shall be granted a coastal use permit. In addition, any permit granted to repair or replace a pipeline that would impact integrated coastal protection in the state's master or annual plan shall include a requirement that the pipeline owner shall be responsible for the cost to repair or replace such pipeline. The pipeline owner shall be responsible for the performance of any pipeline relocation work to accommodate the construction of any integrated coastal protection. Any incremental costs associated with such relocation work shall be reimbursed to the pipeline owner by the appropriate federal, state, or local governmental agency. As used in this Paragraph, "incremental costs" means the cost of the pipeline relocation required by the appropriate governing authority less the cost that the pipeline operator would have incurred for the maintenance project.

B. Within one hundred twenty days after the effective date of this Subpart, the secretary shall adopt, after notice and public hearing, rules and procedures consistent with this Subpart for both the state coastal management program and approved local programs regarding the form and information requirements for coastal use permit applications, the coastal use permit review process, public notice and public comments, criteria and guidelines for decision making, appeals and emergency activities.

C. The rules promulgated pursuant to this Section shall, among other things, provide that:

(1) Coastal use permit applications shall be submitted to the secretary, except that applications for uses in areas subject to an approved local program may instead be submitted to the local government. Local governments with an approved program to whom applications are submitted shall make the initial determination, subject to review by the secretary with a right of appeal, as to whether the proposed use is of state concern or local concern. Copies of all applications submitted to local governments and the local government's use-type determination shall be transmitted to the secretary within two days of receipt.

(2)(a) Within ten days of receipt of a coastal use permit application by the secretary, copies of the application shall be distributed to the local government or governments in whose parish the use is to occur and all appropriate state and local agencies, and public notice shall be given. A public hearing on an application may be held. Concurrently with the filing of the coastal use permit application, a copy of the application shall be distributed by the applicant to the owner or owners of the land on which the proposed coastal use is to occur. The landowner and his address shall be determined by rules of the administrator. The applicant shall make every reasonable effort, which shall include a search of the public records of the parish in which the use is to occur, if necessary, to determine the identity and current address of the owner or owners of the land on which the use is to occur. The application shall not be considered complete unless the applicant attaches thereto a written affidavit of the fact that reasonable efforts have been made to determine the identity and present address of each owner and a list of the names and addresses of the owners to whom the applicant has furnished a copy of the application. If the proposed activity would be located on property owned by more than ten persons, or on property owned jointly in an undivided interest consisting of more than ten persons, the secretary may deem the application complete upon proof that fifty percent of the persons owning or having an undivided interest in the property have been provided with a copy of the application. The secretary may also approve this method of landowner notification in the case where the applicant holds a valid right-of-way, easement, or servitude for conducting the proposed activity on that property or when a government entity proposes to conduct maintenance activities on existing public works projects.

(b) Notwithstanding any other law to the contrary, the secretary shall, after notification by the department to the applicant that the application is complete, grant or deny all applications for all permits, licenses, registrations, variances, or compliance schedules within sixty days. The notification of completeness shall be issued within fourteen days, exclusive of holidays, by the department. If the application is not complete, the department shall notify the applicant in writing of the deficiencies which cause the application not to be complete. If the secretary does not grant the application, the secretary shall provide written reasons for his decision, and copies of the decision shall be provided to all parties. The secretary may delegate the power to grant permits, licenses, registrations, variances, or compliance schedules to an assistant secretary, division administrator, or other designee.

(c) If the secretary does not grant or deny the application within the time period provided for in this Paragraph, the applicant may file a rule as provided for in R.S. 49:978.

(3) The decision to approve, approve with modifications, or otherwise condition approval, or deny the coastal use permit shall be made within thirty days after public notice or within fifteen days after a public hearing, whichever is later. The coastal use permit decision must be consistent with the state program and approved local programs for affected parishes and must represent an appropriate balancing of social, environmental and economic factors. In all instances local government comments shall be given substantial consideration.

(4) The decision to approve, approve with modifications, or otherwise condition approval, or deny the application for a coastal use permit shall be in writing and copies of the decisions shall be sent to all parties.

(5) Public notice of coastal use permit decisions shall be given.

(6) The secretary may adopt rules providing for alternate procedures for the filing of applications, distribution of copies, giving of notices, and public hearings in order to implement the coordinated coastal permitting process established pursuant to R.S. 49:214.33.

(7) Notwithstanding any contrary provisions of law in this Section, the permitting authority may deny without prejudice, or withdraw or place on inactive status, the application for a coastal use permit if the applicant fails to respond within sixty days to any request or inquiry from the permitting authority.

(8) Notwithstanding any contrary provision of law or regulation, a coastal use permit, once granted on private continuing marsh management projects, shall be valid for the life of the project or activity for which the permit is issued, unless the secretary shall thereafter modify, revoke, or suspend the permit. Unless the secretary revokes or suspends the permit, no further permits shall be necessary for activities required to operate or maintain the permitted use.

(9) The secretary shall take into consideration a permit applicant's history of compliance with the provisions of the Louisiana Coastal Resources Program prior to making a determination of whether to approve, approve with modifications or otherwise conditionally approve, or deny the application for a coastal use permit. As used in this Paragraph, "permit applicant" shall mean the specific company, individual, or entity which has made application for the permit. Any use or activity found to not comply with the Louisiana Coastal Resources Program which was conducted by a person or entity or on a property prior to the acquisition of that person, entity, or property by the permit applicant shall not be considered a part of the permit applicant's history of compliance. The applicant shall be allowed to review and comment on his compliance record as compiled by the secretary. The department shall promulgate, under the Administrative Procedure Act, guidelines for implementation of this Paragraph.

D. The applicant, the secretary, and affected local government or affected federal, state, or local agency, any aggrieved person, or any other person adversely affected by a coastal use permit decision may appeal the coastal use permit decision in accordance with R.S. 49:214.35.

E. The secretary is authorized to adopt rules and procedures for the issuance of general coastal use permits and for the issuance of variances from the normal coastal use permitting requirements. For the purposes of this Subpart, a general coastal use permit is an authorization to prospective users to perform specific uses within prescribed areas of the coastal zone without the necessity for a complete, independent review of each proposed use and allows the shortest time period of review possible. The rules and procedures which may be adopted pursuant to this Section shall provide for expeditious processing of applications for general coastal use permits and may authorize variances from the normal coastal use permit application and review procedures. General coastal use permits and variances from the normal coastal use permitting requirements may not be issued except when the issuance of such general coastal use permits or variances does not impair the fulfillment of the objectives and policies of the Subpart.

F. The secretary shall adopt rules whereby specified types of activities may be carried out under prescribed emergency conditions without the necessity of obtaining a coastal use permit in advance.

G.(1) The secretary is authorized to establish a reasonable schedule for fees to be charged to the applicant for the processing and evaluation of coastal use permit applications.

(2) The secretary is authorized to increase the fee charged to an applicant for a coastal use permit for a nonresidential coastal use to not more than one hundred dollars per application. In addition, the secretary is authorized to increase the fee charged to an applicant for a coastal use permit for a nonresidential coastal use that involves excavation or filling to not less than twenty-five dollars nor more than five thousand dollars per application, and such fee shall not exceed ten cents per cubic yard of material excavated or filled.

(3) The secretary shall waive fees authorized by this Section for any individual, state agency, or political subdivision deemed by him to be engaged in coastal restoration activity consistent with the plan as provided in R.S. 49:213.6 and for local public bodies for constructing drainage improvements.

(4) Funds generated from these fees shall be deposited in the Coastal Resources Trust Dedicated Fund Account as provided in R.S. 49:214.40.

H.(1) In order for the state to fulfill its obligation under the public policy provisions of this Subpart, the secretary shall insure that whenever a proposed use or activity requires the dredging or disposal of five hundred thousand cubic yards or more of any waterbottom or wetland within the coastal zone, the dredged material shall be used for the beneficial purposes of wetland protection, creation, enhancement, or combinations thereof, in accordance with a long term management strategies plan for each existing or proposed channel or canal as approved by the secretary.

(2) Whenever a proposed use or activity requires a coastal use permit for the dredging or disposal of from twenty-five thousand to five hundred thousand cubic yards of any water bottoms or wetland within the coastal zone, the secretary may require the beneficial use of the dredge material for wetland and barrier island protection, creation, enhancement or combinations thereof. Consideration shall include a site specific statement reflecting estimated costs and the availability of a suitable disposal area. Long term management strategy disposal areas shall be utilized when practical. Activities not in the vicinity of long term management strategy disposal areas shall be considered on a case by case basis through the coastal use permit process. A system of mitigation credits shall be initiated to encourage the beneficial use of dredged material by dredge applicants. The secretary shall require the beneficial use of dredge material in circumstances where it is deemed economically feasible with consideration given to the value of established mitigation credits.

(3) When a proposed use or activity involves dredging to construct or maintain a channel or canal greater than one mile in length in the coastal zone and where the secretary determines that failure to maintain and stabilize the banks of such channel or canal will result in direct or indirect loss of wetlands or adverse impacts to wetlands or water bottoms, the secretary shall require that such banks be maintained and stabilized using dredged materials or structural stabilization measures, or both. In areas where the secretary determines that dredged material placement alone is insufficient to maintain and stabilize the banks along all or part of the canal or channel, the use of structural stabilization measures, including but not limited to rock breakwaters, shall also be required. Any dredged material disposal and channel bank stabilization shall be in accordance with a long term management strategies plan for each existing or proposed channel or canal as approved by the secretary. At a minimum, the plan shall address environmental and economic considerations and emergency situations.

I. Notwithstanding the provisions of this Section, from March 17, 2025, to January 1, 2030, neither the secretary nor the approved local program for St. Tammany Parish shall issue a coastal use permit for the purpose of constructing a bulkhead in St. Tammany Parish within the area defined by the following coordinates: beginning at 30°25'16.3"N 90°06'51.4"W; proceeding east to 30°25'16.1"N 90°06'45.5"W; then south to 30°25'08.8"N 90°06'46.1"W; then west to 30°25'06.6"N 90°07'04.7"W; then north to 30°25'11.6"N 90°07'04.9"W; then east to 30°25'12.3"N 90°06'51.3"W; and finally north to the point of beginning. This restriction applies to all water bodies within this area, including those locally known as Lake Emfred and Suter Slip.

Acts 1990, No. 98, §1; Acts 1990, No. 662, §1, eff. July 19, 1990; Acts 1990, No. 996, §2; Acts 1991, No. 637, §1; Acts 1991, No. 828, §2; Acts 1991, No. 995, §1; Acts 1992, No. 815, §2; Acts 1993, No. 194, §2; Acts 1993, No. 970, §1; Acts 1997, No. 93, §1; Acts 2000, 1st Ex. Sess., No. 147, §1; Acts 2004, No. 277, §1; Acts 2004, No. 386, §1; Acts 2004, No. 459, §1, eff. June 24, 2004; Acts 2010, No. 834, §1; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2025, No. 115, §2, eff. June 8, 2025.
La. Rev. Stat. § 49:672 — LA Code / Code revised-statutes / Title 49 / Section 672
Definition
Status: in_force

"Block grant" means any federal funds that are available to the state for expenditure for broad purposes as opposed to requirements that they be spent in specific program areas.

Added by Acts 1982, No. 386, §1.
La. Rev. Stat. § 49:149.30 — LA Code / Code revised-statutes / Title 49 / Section 149.30
Reverend Avery C. Alexander Academic Research Hospital
Status: in_force

The new University Medical Center/Louisiana State University Hospital currently under construction in the city of New Orleans is hereby named, and shall hereafter be known as, the Reverend Avery C. Alexander Academic Research Hospital.

Acts 2012, No. 769, §1, eff. June 12, 2012.
La. Rev. Stat. § 49:999.25 — LA Code / Code revised-statutes / Title 49 / Section 999.25
Additional ground or cause
Status: in_force

Notwithstanding any other law to the contrary, the provisions of this Part shall provide an additional ground or cause of action for suspension or revocation of a license or permit issued by an issuing agency and shall be in addition to any other sanction or penalty which such agency is specifically authorized to impose.

Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
La. Rev. Stat. § 49:992 — LA Code / Code revised-statutes / Title 49 / Section 992
Applicability; exemptions; attorney fees; court costs
Status: in_force

A.(1) Prior to October 1, 1996, the provisions of the Administrative Procedure Act shall apply to all adjudications as defined by that Act.

(2) On and after October 1, 1996, the division shall commence and handle all adjudications in the manner required by the Administrative Procedure Act provided that the provisions of that Act are not inconsistent with the provisions of this Chapter.

B.(1) Notwithstanding any other provision of the law to the contrary except as provided by R.S. 49:954 and the provisions of this Section, all adjudications shall be resolved exclusively as required by the provisions of this Chapter and the Administrative Procedure Act.

(2) Except in the instance of adjudications initiated pursuant to Items (D)(2)(b)(iii), (vi), and (vii) of this Section, in an adjudication commenced by the division, the administrative law judge shall issue the final decision or order, whether or not on rehearing, and the agency shall have no authority to override such decision or order. Upon the issuance of such a final decision or order, the agency or any official thereof shall comply fully with the final order or decision of the administrative law judge.

(3)(a) Nothing in this Section shall affect the right to or manner of judicial appeal in any adjudication, irrespective of whether or not such adjudication is commenced by the division or by an agency.

(b) However, if the agency conducting the adjudication proceeding issues the final decision or order, the agency conducting the adjudication proceeding shall not be entitled to seek judicial review under this Chapter.

C. The positions appointed by the director pursuant to this Chapter shall be in the classified service.

D.(1) Except as provided in Paragraphs (2) through (9) of this Subsection, the provisions of this Chapter shall apply to any board, commission, department, or agency of the executive branch of state government.

(2)(a) Except as otherwise provided in Subparagraph (b) of this Paragraph, any board, commission, department, or agency which is required, pursuant to a federal mandate and as a condition of federal funding, to conduct or to render a final order in an adjudication proceeding shall be exempt from the provisions of this Chapter to the extent of the federal mandate.

(b) This Subparagraph shall apply to the Louisiana Department of Health, the Department of Children and Family Services, the Department of Education, and any agency within these departments:

(i) If the department or an agency within the department is prohibited, pursuant to a federal mandate or as a condition of federal funding, from delegating by contract or other means its fair hearings function, then such fair hearings shall be exempt from the provisions of this Chapter to the extent of the federal mandate; however, if such federally mandated hearings function may be delegated by contract or other means, the department or agency shall delegate such function to the division. If the department or agency claims a federal mandate exemption, the department or agency shall have the burden of proving such exemption.

(ii) If the department or an agency within the department is prohibited, pursuant to a federal mandate or as a condition of federal funding, from delegating by contract or other means both its fair hearings function and its authority to render a final decision or order in an adjudication proceeding, then such fair hearings and adjudication proceedings shall be exempt from the provisions of this Chapter to the extent of the federal mandate; however, if such federally mandated hearings function and authority to render a final decision or order in an adjudication proceeding may be delegated by contract or other means, the department or agency shall delegate such function and authority to the division. If the department or agency claims a federal mandate exemption, the department or agency shall have the burden of proving such exemption.

(iii)(aa) If a department or an agency within the department may delegate its fair hearings function but is required by federal mandate to render the final decision or order in an adjudication proceeding, then in those cases, the division shall conduct the hearing and issue a recommended decision. The recommended decision shall be mailed or delivered to the head of the agency, who shall have, upon receipt of the recommended decision, thirty-five days to reject, modify, or approve the decision. If he rejects or modifies the recommended decision, he shall specify in writing the findings of fact or conclusions of law which are being rejected or modified which shall be considered to be the final decision or order in the adjudication proceeding. A copy of the department or agency's rejected or modified decision shall be forwarded to the division on the day it is issued. If the agency head does not reject or modify the recommended decision within thirty-five days, or if he approves the recommended decision, then the recommended decision of the division shall be certified as the final decision or order of the department or agency in the adjudication proceeding.

(bb) In Temporary Assistance for Needy Families (TANF) cases, if the secretary of the Department of Children and Family Services approves, rejects, or modifies the recommended decision of the division, that approved, rejected, or modified decision shall be issued by the division as the final decision of the Department of Children and Family Services.

(iv) The provisions of this Subparagraph shall not apply to any board which is exempt from this Chapter pursuant to Paragraph (5) of this Subsection or to any board or commission which chooses to continue to conduct hearings pursuant to Subsection G of this Section.

(v) The division shall adjudicate within seventy-two hours of receipt all stay requests related to involuntary discharges from nursing homes. The division shall adjudicate all appeals related to involuntary discharges from nursing homes within thirty days of receipt.

(vi) Notwithstanding any provision of law to the contrary, an adjudication of a decision by the Louisiana Department of Health to deny, suspend, or revoke the license of an outpatient abortion facility, ambulatory surgical center, home health agency, hospital, or nursing home, pursuant to R.S. 40:2009.7, 2110, 2116.37, 2141, or 2175.6 shall be heard by a three member panel of division of administrative law judges. This panel shall be deemed to meet the requirements of a panel appointed by the secretary of the Louisiana Department of Health. The three member panel shall issue a final decision or order. The final decision or order shall be appealable to the district court for the parish of East Baton Rouge.

(vii) The provisions of this Subparagraph shall apply to hearings involving the Department of Education required under the Individuals with Disabilities Education Act, and the provisions of the Administrative Procedure Act shall not apply to these hearings. Hearings involving the Individuals with Disabilities Act shall proceed in accordance with regulations promulgated by the Board of Elementary and Secondary Education. Only an administrative law judge who has received training on the federal and state statutes and regulations with respect to children with disabilities and on educational placements in Louisiana's school systems shall conduct hearings pursuant to this Item. Any party aggrieved by the findings and decisions of the administrative law judge in hearings conducted pursuant to the Individuals with Disabilities Education Act, including local educational authorities, shall have a right to bring a civil action in state or federal court pursuant to federal law or regulation.

(3) The office of workers' compensation administration in Louisiana Works shall be exempt from the provisions of this Chapter.

(4) The office of unemployment insurance administration in Louisiana Works shall be exempt from this Chapter.

(5) State professional and occupational licensing boards shall be exempt from the provisions of this Chapter.

(6) The Department of Agriculture and Forestry shall be exempt from the provisions of this Chapter.

(7) All adjudications by the Department of Conservation and Energy pursuant to Chapters 1 and 7 of Subtitle I of Title 30 of the Louisiana Revised Statutes of 1950, except determinations of violations of laws, rules, regulations, and orders, and determinations of penalties for such violations, shall be exempt from the provisions of this Chapter.

(8) The Public Service Commission and any entity which by law has its adjudications handled by the Public Service Commission shall be exempt from the provisions of this Chapter.

(9) Adjudications filed pursuant to R.S. 46:51.2, involving a risk evaluation panel decision, with the Department of Children and Family Services shall be exempt from the provisions of this Chapter.

E. In the event that a person files a civil action to require that a state department, division, office, agency, board, commission, or other entity of state government conduct an adjudication as required by this Chapter and judgment is rendered in his favor, he shall be entitled to an award of reasonable attorney fees to be taxed as costs in the matter.

F. The provisions of this Chapter shall apply to all adjudications as defined in the Administrative Procedure Act pursuant to the Procurement Code.

G. Any board or commission authorized by law to conduct hearings may continue to hold such hearings.

H.(1) If an agency or official thereof, or other person acting on behalf of an agency or official thereof, files a petition for judicial review of a final decision or order in an adjudication proceeding and such agency, official, or person does not prevail in the final disposition of the judicial review, the agency shall be responsible for the payment of reasonable attorney fees and court costs of the other party.

(2) Notwithstanding any provision of R.S. 13:4521 to the contrary, an agency or official thereof, or other person acting on behalf of an agency or official thereof, which files a petition for judicial review of a final decision or order in an adjudication proceeding shall be required to pay court costs.

(3) All payments for litigation expenses required by this Subsection shall be paid from the agency's regular operating budget. Each agency which has paid such litigation expenses shall submit a detailed report of all such payments from the previous fiscal year to its legislative oversight committees and to the Joint Legislative Committee on the Budget no later than November fifteenth of each year.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 1997, No. 1172, §9, eff. June 30, 1997; Acts 1997, No. 1484, §1, eff. July 16, 1997; Acts 1999, No. 1332, §1, eff. July 12, 1999; Acts 2001, No. 527, §1; Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2003, No. 1271, §1, eff. July 11, 2003; Acts 2005, No. 204, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 47, §2, eff. June 15, 2009; Acts 2010, No. 683, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2017, No. 348, §§4, 6, special eff. date; Acts 2018, No. 90, §1, eff. May 10, 2018; Acts 2018, No. 655, §2; Acts 2021, No. 4, §1, eff. Jan. 1, 2022; Acts 2025, No. 139, §1, eff. June 8, 2025; Acts 2025, No. 458, §9, eff. Oct. 1, 2025.

NOTE: R.S. 37:21.1 terminates on August 1, 2021. See Acts 2018, No. 655, §1.
La. Rev. Stat. § 49:260 — LA Code / Code revised-statutes / Title 49 / Section 260
Department of Justice Occupational Licensing Review Program
Status: in_force

A. It is the policy of the state that where the state finds it necessary to displace competition, occupational licensing boards shall use the least restrictive regulation to protect the public from present, significant, and substantiated harms that threaten public health, safety, or welfare. Active state supervision of occupational regulatory actions is a method of ensuring adherence to this clearly articulated state policy. By establishing this program, the state intends to ensure that participating boards and board members will avoid liability under federal antitrust laws.

B. In addition to any other powers, duties, or authority granted to the attorney general and the Department of Justice by the constitution and laws of this state, the attorney general shall have the authority to enter into an agreement to provide active supervision of proposed occupational regulations and proposed anti-competitive disciplinary actions of a state occupational licensing board. Such active supervision shall be performed in accordance with this Section and the terms of the written agreement between the occupational licensing board and the Department of Justice. Participating licensing boards shall pay to the Department of Justice annually the amount set forth in the agreement. The dollar amount set forth in the agreement shall be equal to or less than the number of licensees multiplied by ten.

C. Participation in the Department of Justice Occupational Licensing Review Program established in this Section is voluntary and optional. An occupational licensing board that chooses to participate in the program established in this Section is not required to comply with the requirements of the Occupational Board Compliance Act, R.S. 37:41 et seq.

D.(1) Prior to submitting a notice of final regulation to the proper legislative oversight committees, the occupational licensing board shall submit any occupational regulation it seeks to promulgate, together with a report of any public comments received, agency response to comments, and the statement of proposed fiscal impact, to the Department of Justice.

(2) The Department of Justice shall review the substance of each proposed occupational regulation submitted to ensure compliance with clearly articulated state policy pursuant to this Section and may also consider any other applicable law.

(3) Following the review, the Department of Justice shall do one of the following:

(a) Approve the proposed occupational regulation and authorize the occupational licensing board to proceed with promulgation.

(b) Disapprove the proposed occupational regulation and require the occupational licensing board to revise and resubmit the occupational regulation for approval.

(4) The decision by the Department of Justice shall be communicated in writing with an explanation of the basis for the decision.

(5) Compliance with this Subsection shall not be required for emergency rules adopted pursuant to the Administrative Procedure Act, but emergency rules shall not be used to circumvent active supervision of proposed occupational regulations. Nothing in this Subsection shall prevent the occupational licensing board from electing to submit an emergency rule that meets the definition of occupational regulation for review.

E.(1) Prior to taking an anti-competitive disciplinary action, the occupational licensing board shall submit the proposed action and supporting documentation to the Department of Justice.

(2) The Department of Justice shall review the substance of the proposed disciplinary action to ensure compliance with clearly articulated state policy pursuant to this Section and may also consider any other applicable law.

(3) Following the review, the Department of Justice shall do any of the following:

(a) Determine that the proposed disciplinary action does not implicate any market competition interests.

(b) Approve the proposed disciplinary action as a proper exercise of state regulatory action in accordance with clearly articulated state policy, notwithstanding possible impact on market competition, and authorize the occupational licensing board to proceed with imposing the disciplinary action.

(c) Disapprove of the proposed disciplinary action and decline to authorize its imposition.

(4) The decision by the Department of Justice shall be communicated in writing with an explanation of the basis of the decision. This written explanation shall be considered confidential until the disciplinary action has become a final determination of the board.

(5) All records, writings, accounts, letters, exhibits, data, pictures, drawings, charts, reports, or photographs shall be considered to be in the custody and control of the occupational licensing board, and all exemptions contained in R.S. 44:1 et seq. or any other provision of law shall continue to apply.

F.(1) There is hereby established in the state treasury a special fund to be known as the Department of Justice Occupational Licensing Review Program Fund, hereafter referred to in this Section as "the fund".

(2) Notwithstanding any provision of law to the contrary, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from that fund to pay all of the obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall pay an amount into the fund equal to the amount of monies received by the attorney general from participating occupational licensing boards as compensation for the regulatory review activities undertaken pursuant to this Subsection.

(3) Monies in the fund shall be subject to annual appropriation to the Department of Justice solely for the support of occupational licensing board regulatory review activities and general operating expenses. Monies so appropriated shall be used to supplement the department's budget and shall not be used to displace, replace, or supplant appropriations from the state general fund for operations of the department below the level of state general fund appropriation for the foregoing year.

(4) All unencumbered and unexpended monies in the fund at the end of the fiscal year shall remain in the fund. Monies in the fund shall be invested by the treasurer in the same manner as those in the state general fund, and any interest earned on such investment shall be deposited in and credited to the fund.

G. For the purposes of this Section:

(1) "Active market participant" means an individual or entity that is any of the following:

(a) Licensed by the occupational licensing board to which they are appointed, including subspecialties licensed by that board.

(b) A provider of any service subject to the regulatory authority of that occupational licensing board.

(2) "Active supervision" shall include all of the following duties and powers:

(a) Independent review and evaluation of the substance of the proposed occupational regulation or the proposed anti-competitive disciplinary action, not merely the procedures followed to produce it.

(b) The ability to approve, reverse, veto, or modify a proposed occupational regulation or proposed anti-competitive disciplinary action to ensure it complies with state policy rather than merely a party's individual interests.

(c) The ability to obtain the information necessary to perform a proper evaluation of the occupational board's proposed occupational regulation or the proposed anti-competitive disciplinary action.

(d) A written decision outlining the reasons and rationale for approving, reversing, vetoing, or modifying the recommended action.

(3) "Occupational licensing board" means any state executive branch board, commission, department, or other agency that is all of the following:

(a) Regulating the entry of persons into, or regulating the conduct of persons within, a particular profession or occupation.

(b) Authorized to issue or revoke occupational licenses or registrations.

(c) Controlled by active market participants.

(4) "Occupational regulation" means a rule as defined in the Administrative Procedure Act that has reasonably foreseeable anti-competitive effects. Any license, permit, or regulation established by a parish, municipality, or a board not composed of a controlling number of active market participants is excluded.

H. The Department of Justice is authorized to promulgate rules and procedures as necessary to implement the program established by this Section.

I. Nothing in this Section is intended to restrict an occupational licensing board from requiring, as a condition of licensure or renewal of licensure, that an individual's personal qualifications include obtaining or maintaining certification from a private organization that credentials individuals in the relevant occupation.

J. The provisions of this Section shall not apply to the regulation of the practice of law.

Acts 2021, No. 399, §1.
La. Rev. Stat. § 49:61 — LA Code / Code revised-statutes / Title 49 / Section 61
Body of agreement
Status: in_force

ARTICLE I. FINDINGS AND PURPOSES

A. The party states find that the South has a sense of community based on common social, cultural and economic needs and fostered by a regional tradition. There are vast potentialities for mutual improvement of each state in the region by cooperative planning for the development, conservation and efficient utilization of human and natural resources in a geographic area large enough to afford a high degree of flexibility in identifying and taking maximum advantage of opportunities for healthy and beneficial growth. The independence of each state and the special needs of subregions are recognized and are to be safeguarded. Accordingly, the cooperation resulting from this agreement is intended to assist the states in meeting their own problems by enhancing their abilities to recognize and analyze regional opportunities and take account of regional influences in planning and implementing their public policies.

B. The purposes of this agreement are to provide:

(1) Improved facilities and procedures for study, analysis and planning of governmental policies, programs and activities of regional significance;

(2) Assistance in the prevention of interstate conflicts and the promotion of regional cooperation;

(3) Mechanisms for the coordination of state and local interests on a regional basis;

(4) An agency to assist the states in accomplishing the foregoing.

ARTICLE II. THE BOARD

A. There is hereby created the Southern Growth Policies Board, hereinafter called "the board."

B. The board shall consist of five members from each party state, as follows:

(1) The governor;

(2) Two members of the state legislature, one appointed by the presiding officer of each house of the legislature or in such other manner as the legislature may provide;

(3) Two residents of the state who shall be appointed by the governor to serve at his pleasure.

C. In making appointments pursuant to Subsection B(3), a governor shall, to the greatest extent practicable, select persons who, along with the other members serving pursuant to Subsection B, will make the state's representation on the board broadly representative of the several socio-economic elements within his state.

D.(1) A governor may be represented by an alternate with power to act in his place and stead, if notice of the designation of such alternate is given to the board in such manner as its bylaws may provide.

(2) A legislative member of the board may be represented by an alternate with power to act in his place and stead, unless the laws of his state prohibit such representation and if notice of the designation of such alternate is given to the board in such manner as its by-laws may provide. An alternate for a legislative member of the board shall be selected by the member from among the members of the legislative house in which he serves.

(3) A member of the board serving pursuant to Subsection B(3) of this article may be represented by another resident of his state who may participate in his place and stead, except that he shall not vote; provided, that notice of the identity and designation of the representative selected by the member is given to the board in such manner as its by-laws may provide.

ARTICLE III. POWERS

A. The board shall prepare and keep current a statement of regional objectives, including recommended approaches to regional problems. The statement may also identify projects deemed by the board to be of regional significance. The statement shall be available in its initial form two years from the effective date of this agreement and shall be amended or revised no less frequently than once every six years. The statement shall be in such detail as the board may prescribe. Amendments, revisions, supplements or evaluations may be transmitted at any time. An annual commentary on the statement shall be submitted at a regular time to be determined by the board.

B. In addition to powers conferred on the board elsewhere in this agreement, the board shall have the power to make or commission studies, investigations and recommendations with respect to:

(1) The planning and programming of projects of interstate or regional significance;

(2) Planning and scheduling of governmental services and programs which would be of assistance to the orderly growth and prosperity of the region and to the wellbeing of its population;

(3) Effective utilization of such federal assistance as may be available on a regional basis or as may have an interstate or regional impact;

(4) Measures for influencing population distribution, land use, development of new communities and redevelopment of existing ones;

(5) Transportation patterns and systems of interstate and regional significance;

(6) Improved utilization of human and natural resources for the advancement of the region as a whole;

(7) Any other matters of a planning, data collection or informational character that the board may determine to be of value to the party states.

ARTICLE IV. AVOIDANCE OF DUPLICATION

A. To avoid duplication of effort and in the interest of economy, the board shall make use of existing studies, surveys, plans and data and other materials in the possession of the governmental agencies of the party states and their respective subdivisions or in the possession of other interstate agencies. Each such agency, within available appropriations and if not expressly prevented or limited by law, is hereby authorized to make such materials available to the board and to otherwise assist it in the performance of its functions. At the request of the board, each such agency is further authorized to provide information regarding plans and programs affecting the region, or any subarea thereof, so that the board may have available to it current information with respect thereto.

B. The board shall use qualified public and private agencies to make investigations and conduct research, but if it is unable to secure the undertaking of such investigations or original research by a qualified public or private agency, it shall have the power to make its own investigations and conduct its own research. The board may make contracts with any public or private agencies or private persons or entities for the undertaking of such investigations or original research within its purview.

C. In general, the policy of Subsection B of this article shall apply to the activities of the board relating to its statement of regional objectives, but nothing herein shall be construed to require the board to rely on the services of other persons or agencies in developing the statement of regional objectives or any amendment, supplement or revision thereof.

ARTICLE V. ADVISORY COMMITTEES

The board shall establish a local governments advisory committee. In addition, the board may establish advisory committees representative of subregions of the South, civic and community interests, industry, agriculture, labor or other categories or any combinations thereof. Unless the laws of a party state contain a contrary requirement, any public official of the party state or a subdivision thereof may serve on an advisory committee established pursuant hereto and such service may be considered as a duty of his regular office or employment.

ARTICLE VI. INTERNAL MANAGEMENT OF THE BOARD

A. The members of the board shall be entitled to one vote each. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action of the board shall be only at a meeting at which a majority of the members or their alternates are present. The board shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the board may delegate the exercise of any of its powers relating to internal administration and management to an executive committee or the executive director. In no event shall any such delegation include final approval of:

(1) A budget or appropriation request;

(2) The statement of regional objectives or any amendment, supplement or revision thereof;

(3) Official comments on or recommendations with respect to projects of interstate or regional significance;

(4) The annual report.

B. To assist in the expeditious conduct of its business when the full board is not meeting, the board shall elect an executive committee which shall not exceed twenty-three members, including at least one member from each party state. The executive committee, subject to the provisions of this agreement and consistent with the policies of the board, shall be constituted and function as provided in the bylaws of the board. One-half of the membership of the executive committee shall consist of governors, and the remainder shall consist of other members of the board, except that at any time when there is an odd number of members on the executive committee, the number of governors shall be one less than half of the total membership. The members of the executive committee shall serve for terms of two years, except that members elected to the first executive committee shall be elected as follows: one less than half of the membership for two years and the remainder for one year. The chairman, chairman-elect, vice-chairman and treasurer of the board shall be members of the executive committee and anything in this Paragraph to the contrary notwithstanding shall serve during their continuance in these offices. Vacancies in the executive committee shall not affect its authority to act, but the board at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term.

C. The board shall have a seal.

D. The board shall elect, from among its members, a chairman, a chairman-elect, a vice-chairman and a treasurer. Elections shall be annual. The chairman-elect shall succeed to the office of chairman for the year following his service as chairman-elect. For purposes of the election and service of officers of the board, the year shall be deemed to commence at the conclusion of the annual meeting of the board and terminate at the conclusion of the next annual meeting thereof. The board shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the board, and together with the treasurer and such other personnel as the board may deem appropriate shall be bonded in such amounts as the board shall determine. The executive director shall be secretary.

E. The executive director, subject to the policy set forth in this agreement and any applicable directions given by the board, may make contracts on behalf of the board.

F. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, subject to the approval of the board, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the board, and shall fix the duties and compensation of such personnel. The board in its bylaws shall provide for the personnel policies and programs of the board.

G. The board may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

H. The board may accept for any of its purposes and functions under this agreement any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the board pursuant to this paragraph or services borrowed pursuant to Subsection G of this article shall be reported in the annual report of the board. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.

I. The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein.

J. The board shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The board shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

K. The board annually shall make to the governor and legislature of each party state a report covering the activities of the board for the preceding year. The board at any time may make such additional reports and transmit such studies as it may deem desirable.

L. The board may do any other or additional things appropriate to implement powers conferred upon it by this agreement.

ARTICLE VII. FINANCE

A. The board shall advise the governor or designated officer or officers of each party state of its budget of estimated expenditures for such period as may be required by the laws of that party state. Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

B. The total amount of appropriation requests under any budget shall be apportioned among the party states. Such apportionment shall be in accordance with the following formula:

(1) One-third in equal shares,

(2) One-third in the proportion that the population of a party state bears to the population of all party states, and

(3) One-third in the proportion that the per capita income in a party state bears to the per capita income in all party states.

In implementing this formula, the board shall employ the most recent authoritative sources of information and shall specify the sources used.

C. The board shall not pledge the credit of any party state. The board may meet any of its obligations in whole or in part with funds available to it pursuant to Article VI(H) of this agreement, provided that the board takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the board makes use of funds available to it pursuant to Article VI(H), or borrows pursuant to this paragraph, the board shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same. The board may borrow against anticipated revenues for terms not to exceed two years, but in any such event the credit pledged shall be that of the board and not of a party state.

D. The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the board.

E. The accounts of the board shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the board.

F. Nothing contained herein shall be construed to prevent board compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the board.

ARTICLE VIII. COOPERATION WITH THE FEDERAL

GOVERNMENT AND OTHER GOVERNMENTAL ENTITIES

Each party state is hereby authorized to participate in cooperative or joint planning undertakings with the federal government, and any appropriate agency or agencies thereof, or with any interstate agency or agencies. Such participation shall be at the instance of the governor or in such manner as state law may provide or authorize. The board may facilitate the work of state representatives in any joint interstate or cooperate federal-state undertaking authorized by this article, and each such state shall keep the board advised of its activities in respect of such undertakings, to the extent that they have interstate or regional significance.

ARTICLE IX. SUBREGIONAL ACTIVITIES

The board may undertake studies or investigations centering on the problems of one or more selected subareas within the region; provided, that in its judgment, such studies or investigations will have value as demonstrations for similar or other areas within the region. If a study or investigation that would be of primary benefit to a given state, unit of local government, or intrastate or interstate area is proposed, and if the board finds that it is not justified in undertaking the work for its regional value as a demonstration, the board may undertake the study or investigation as a special project. In any event, it shall be a condition precedent that satisfactory financing and personnel arrangements be concluded to assure that the party or parties benefited bear all costs which the board determines would be inequitable for it to assume. Prior to undertaking any study or investigation pursuant to this article as a special project the board shall make reasonable efforts to secure the undertaking of the work by another responsible public or private entity in accordance with the policy set forth in Article IV(B).

ARTICLE X. COMPREHENSIVE LAND USE PLANNING

If any two or more contiguous party states desire to prepare a single or consolidated comprehensive land use plan, or a land use plan for any interstate area lying partly within each such state, the governors of the states involved may designate the board as their joint agency for the purpose. The board shall accept such designation and carry out such responsibility; provided, that the states involved make arrangements satisfactory to the board to reimburse it or otherwise provide the resources with which the land use plan is to be prepared. Nothing contained in this article shall be construed to deny the availability for use in the preparation of any such plan of data and information already in the possession of the board to require payment on account of the use thereof in addition to payments otherwise required to be made pursuant to other provisions of this agreement.

ARTICLE XI. COMPACTS AND AGENCIES UNAFFECTED

Nothing in this agreement shall be construed to:

(1) Affect the powers or jurisdiction of any agency of a party state or any subdivision thereof.

(2) Affect the rights or obligations of any governmental units, agencies or officials, or of any private persons or entities conferred or imposed by any interstate or interstate-federal compacts to which any one or more states participating herein are parties.

(3) Impinge on the jurisdiction of any existing interstate-federal mechanism for regional planning or development.

ARTICLE XII. ELIGIBLE PARTIES; ENTRY

INTO AND WITHDRAWAL

A. This agreement shall have as eligible parties the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the Territory of the Virgin Islands, hereinafter referred to as party states.

B. Any eligible state may enter into this agreement and it shall become binding thereon when it has adopted the same; provided, that in order to enter into initial effect, adoption by at least five states shall be required.

C. Adoption of the agreement may be either by enactment thereof or by adherence thereto by the governor; provided, that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1974. During any period when a state is participating in this agreement through gubernatorial action, the governor may provide to the board an equitable share of the financial support of the board from any source available to him. Nothing in this paragraph shall be construed to require a governor to take action contrary to the constitution or laws of his state.

ARTICLE XIII. CONSTRUCTION AND SEVERABILITY

This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.

Added by Acts 1974, No. 518, §1. Amended by Acts 1979, No. 631, §§1, 2.
La. Rev. Stat. § 49:154.1 — LA Code / Code revised-statutes / Title 49 / Section 154.1
State wildflower
Status: in_force

There shall be an official state wildflower. The official state wildflower shall be the Louisiana iris (Giganticaerulea). Its use on official documents of the state and with the insignia of the state is hereby authorized.

Acts 1990, No. 511, §1.
La. Rev. Stat. § 49:220.43 — LA Code / Code revised-statutes / Title 49 / Section 220.43
Statewide resilience report
Status: in_force

A. To coordinate and strengthen efforts to reduce losses from future disasters across the state, the chief resilience officer shall contribute to all statewide planning efforts related to resilience and risk mitigation and shall develop a strategic statewide resilience report to protect the state from multiple threats, prioritizing the risks from inland and coastal flooding. The report shall include but is not limited to the following:

(1) Articulation of the state's resilience goals and objectives.

(2) Utilization of best available science, including a range of future projections, to identify and implement policies, projects, and programs that achieve the state's resilience goals and objectives.

(3) Prioritization of agency-identified adaptation actions based on a vulnerability assessment of risks to agency mission areas, assets, services, and populations served from multiple environmental threats.

(4) Descriptions of agency strategic actions.

B. The statewide resilience report shall be updated every year with the latest available science and updated conditions.

C. The office of resilience shall submit the annual statewide resilience report to the legislature and to the David R. Poynter Legislative Research Library in accordance with the provisions of R.S. 24:772 by February fifteenth every year.

Acts 2023, No. 315, §1, eff. June 13, 2023.
La. Rev. Stat. § 49:1120 — LA Code / Code revised-statutes / Title 49 / Section 1120
State laws applicable
Status: in_force

The commission shall be subject to and its activities covered by Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, the Public Bid Law; Chapter 17 of Title 39, the Louisiana Procurement Code; Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950, the Public Records Law; the Administrative Procedure Act; the Code of Governmental Ethics; and R.S. 42:11 et seq., the Open Meetings Law and shall be audited pursuant to R.S. 24:513.

Acts 1995, No. 742, §2, eff. June 27, 1995.
La. Rev. Stat. § 49:161.1 — LA Code / Code revised-statutes / Title 49 / Section 161.1
State mammal
Status: in_force

There shall be an official state mammal. The official state mammal shall be the black bear. Its use on official documents of the state and with the insignia of the state is hereby authorized.

Acts 1992, No. 1022, §1.
La. Rev. Stat. § 49:1213 — LA Code / Code revised-statutes / Title 49 / Section 1213
Council; powers and duties
Status: in_force

A. The council shall:

(1) Make a systematic study of the conditions affecting black men and boys, including but not limited to homicide rates, arrest and incarceration rates, poverty, violence, drug abuse, death rates, disparate annual income levels, school performance in all grade levels, including postsecondary levels, and health issues.

(2) The council shall propose recommendations regarding measures to alleviate and correct the underlying causes of the conditions described in Paragraph (1) of this Subsection.

(3) The council may study other topics suggested by the legislature or as directed by the chairman of the council.

(4) The council shall solicit input, suggestions, or comments pertinent to the applicable issues from members of the legislature, governmental agencies, persons with expertise in early childhood education and development, persons with expertise in elementary and secondary education, persons representing religious communities, and other public and private organizations, and private citizens.

B. The council shall issue its first annual report by February 1, 2019, and by January fifteenth each following year, stating the findings, conclusions, and recommendations of the council. The council shall submit the report to the governor, lieutenant governor, the president of the Senate, the speaker of the House of Representatives, and the chairmen of the committees with appropriate jurisdiction in the House and Senate.

Acts 2008, No. 733, §2; Acts 2018, No. 103, §2.
La. Rev. Stat. § 49:170.23 — LA Code / Code revised-statutes / Title 49 / Section 170.23
Native Plant Month
Status: in_force

A. The legislature does hereby recognize and acknowledge the following:

(1) Louisiana is home to nearly two thousand five hundred native plant species including large shade trees, such as our state tree, Taxodium distichum or bald cypress, and state flower, Magnolia grandiflora or southern magnolia, as well as shrubs, perennials, vines, grasses, and wildflowers.

(2) Native plants play an important role in all of Louisiana's diverse ecosystems, from the coastal marshes and prairies to the bluff forests of the Tunica Hills, from the bottomland hardwood forests and swamps to the longleaf pine savannas and the oak and hickory woodlands.

(3) It is the policy of this state to encourage public awareness about the benefits of Louisiana's native plants to pollinators and other wildlife, to the economy, and to the health and sustainability of Louisiana's fragile ecosystems.

B. In observance and recognition of the indigenous species of native plants which are essential to maintain Louisiana's diverse ecosystem, the legislature hereby designates the month of April of each year as "Native Plant Month" in Louisiana.

Acts 2024, No. 219, §1.
La. Rev. Stat. § 49:155.4 — LA Code / Code revised-statutes / Title 49 / Section 155.4
State judicial poem
Status: in_force

There shall be an official state judicial poem. The official state judicial poem, written by Sylvia Davidson Lott Buckley, and entitled, "America, We The People", reading as follows:

"America

We the people

Justice, the word most sought by all, seek God to bless the courts with truth, for through His wisdom we rise or fall.

America

We the people

Do honor this great lady fair, who with her mighty arms still holds, the scales of Justice for all to share.

America

We the people

Do offer threads of hope to all, for Justice covers everyone; she does not measure, short or tall.

America

We the people

Boldly make this pledge to thee, that Justice will, in mind and heart, guide each destiny.

America

We............the...........people."

Acts 1995, No. 392, §1.
La. Rev. Stat. § 49:47 — LA Code / Code revised-statutes / Title 49 / Section 47
Council of State Governments
Status: in_force

The Council of State Governments is a joint governmental agency of this state and of the other states which cooperate through it.
La. Rev. Stat. § 49:214.40 — LA Code / Code revised-statutes / Title 49 / Section 214.40
Coastal Resources Trust Dedicated Fund Account
Status: in_force

A.(1) Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all funds collected by the Louisiana coastal resources program from processing and evaluation of coastal use permit applications and consistency determinations, from any federal outercontinental shelf revenue sharing program, and from any other sources, shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund.

(2) Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into a special statutorily dedicated fund account, which is hereby created in the state treasury and designated as the Coastal Resources Trust Dedicated Fund Account, hereafter referred to in this Section as the "trust account", an amount equal to the total amount of funds paid into the treasury by the Louisiana coastal resources program.

(3) The monies in the trust account shall be invested by the state treasurer in the same manner as monies in the state general fund. The monies in the trust account shall be used solely for the programs and purposes and in the amounts appropriated each year to the Louisiana coastal resources program by the legislature. Monies deposited into the trust account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

B. The Louisiana coastal resources program shall keep a set of books showing from whom every dollar is received and for what purpose and to whom every dollar is paid and for what purpose. It also shall keep in its file vouchers or receipts for all moneys paid out.

C. Any surplus funds remaining to the credit of the trust account on July 1 of each year commencing with the Fiscal Year 1983-1984, after all appropriations of the preceding fiscal year have been paid, and all interest earned on money from the trust account shall remain to the credit of the trust account for expenditure from year to year solely by the Louisiana coastal resources program or any uses as provided for in the federal outercontinental shelf revenue sharing legislation in accordance with appropriation made by the legislature for the purposes and functions of said program, and no part thereof shall revert to the state general fund. This provision shall not be construed to prohibit the appropriation of funds out of the state general fund to the commission.

Added by Acts 1983, No. 512, §1; Acts 1992, No. 1075, §1; Acts 2021, No. 114, §15, eff. July 1, 2022.

{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}

{{NOTE: PRIOR R.S. 49:213.21 WAS REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989. THIS REPEALED SECTION WAS ERRONEOUSLY REDESIGNATED BY ACTS 1989, 2D EX. SESS., NO. 6, §7 AS R.S. 49:214.40. THE SOURCE OF THIS SECTION IS PRIOR R.S. 49:213.22.}}
La. Rev. Stat. § 49:148.3 — LA Code / Code revised-statutes / Title 49 / Section 148.3
Construction by political subdivisions, private enterprise
Status: in_force

In the public interest, it is hereby urged that all political subdivisions of the state and all private enterprise make an effort to adhere to the structural standards herein stated in the construction, remodeling and renovation of buildings used by the public.

Added by Acts 1966, No. 204, §1.
La. Rev. Stat. § 49:214.31 — LA Code / Code revised-statutes / Title 49 / Section 214.31
Existing authority of certain state departments and local governments retained
Status: in_force

A. Nothing in this Subpart shall abridge the constitutional authority of any department of state government or any agency or office situated within a department of state government. Nor shall any provision, except as clearly expressed herein, repeal the statutory authority of any department of state government or any agency or office situated in a department of state government.

B. Permits issued pursuant to existing statutory authority of the office of conservation in the Department of Conservation and Energy for the location, drilling, exploration, and production of oil, gas, sulphur, or other minerals shall be issued in lieu of coastal use permits, provided that the office of conservation shall coordinate such permitting actions pursuant to R.S. 49:214.32(B) and (D) and shall ensure that all activities so permitted are consistent with the guidelines, the state program, and any affected local program.

C. Permits issued pursuant to existing statutory authority by the Department of Wildlife and Fisheries for the leasing, seeding, cultivation, planting, harvesting or marking of oyster bedding grounds shall be issued in lieu of coastal use permits, provided that the Department of Wildlife and Fisheries shall coordinate such permitting actions pursuant to R.S. 49:214.32(B) and (D) and shall ensure that all activities so permitted are consistent with the guidelines, the state program and any affected local program.

D. The provisions of this Subpart are not intended to abridge the constitutional authority of any local governments, levee boards or other political subdivisions.

Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
La. Rev. Stat. § 49:122 — LA Code / Code revised-statutes / Title 49 / Section 122
Abbreviations
Status: in_force

In carrying out the purposes of this Part, the words "Louisiana", "Commission" and "Department" may be abbreviated in the usual and accepted form.