reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3707. Qualifications of applicants of a state-certified assistant behavior analyst

RS 37:3707 - Qualifications of applicants of a state-certified assistant behavior analyst
A. Notwithstanding any other provision of this Chapter or other law to the contrary, an applicant for state certification as a state-certified assistant behavior analyst shall be issued an assistant behavior analyst state certificate by the board upon satisfaction of all the following criteria:
(1) Submission to the board of a completed application form. The board shall approve the form.
(2) Payment of all mandatory certification fees.
(3) Proof of good moral character.
(4) Satisfactory completion of the criminal background check in accordance with the authority granted to the board.
(5) Proof that the applicant passed a nationally recognized examination administered by a nonprofit organization accredited by the National Commission for Certifying Agencies, the National Standards Institute, or a substantial equivalent to credential professional practitioners of behavior analysis related to the principles and practice of the profession of behavior analysis that is approved by the board.
(6) Proof that the applicant passed the jurisprudence examination covering the laws and rules governing the practice of behavior analysis in Louisiana that is approved by the board.
(7) Proof that the applicant conducts his professional activities in accordance with accepted standards, including the Guidelines for Responsible Conduct for Behavior Analysts and Professional Disciplinary and Ethical Standards of the Behavior Analyst Certification Board or other national professional organizations as approved by the board.
(8) Proof that the applicant holds a bachelor's degree from any accredited university or other institution of higher learning.
B. The standards and requirements in this Chapter shall be separate and unique from the standards and requirements for practicing psychology and pertain to the practice of applied behavior analysis.
C. There shall be no requirement for practicing individuals under this Chapter to be supervised by members of other professions.
D. An assistant behavior analyst applicant who has a suspended certificate may reapply for certification after three years from the date of suspension.
Acts 2013, No. 351, §2.
NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3708. Registration of line technician; denial or revocation of a registration

RS 37:3708 - Registration of line technician; denial or revocation of a registration
A. A registered line technician shall be at least eighteen years of age and possess a minimum of a high school diploma or its equivalent.
B. A line technician shall be registered by his supervising licensed behavior analyst with the board.
C. Within fourteen days from the date of application for registration, the line technician shall initiate a criminal background report from the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.
D. The board has the authority to deny or revoke a registration in the best interest of public safety and welfare.
E. The registration provided for in this Section shall be renewed annually by the supervising licensed behavior analyst.
Acts 2013, No. 351, §2; Acts 2014, No. 481, §1.
NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3709. Issuance and renewal of license and state certificate

RS 37:3709 - Issuance and renewal of license and state certificate
A. The board shall issue a license or state certificate to any person who meets the qualifications provided in this Chapter and the rules and regulations of the board, and who pays the applicable fees fixed by the board.
B. A license or state certificate issued under provisions of this Chapter shall be subject to annual renewal and shall expire and become null and void unless renewed in the manner prescribed by the board.
C. License and state certificate renewal shall require documentation of completion of the continuing education as required by this Chapter.
Acts 2013, No. 351, §2.
NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3710. Reinstatement of license and state certificate

RS 37:3710 - Reinstatement of license and state certificate
A. Any license or state certificate suspended, revoked, or otherwise restricted by the board may be reinstated by the board.
B. A license or state certificate that has expired without renewal for a period of one year from the date of expiration may be reinstated by the board provided the applicant shall otherwise be eligible under the provisions of this Chapter, pays the applicable fees, satisfies the continuing education requirement, and meets such other requirements as may be established by the board.
Acts 2013, No. 351, §2.
NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3711. License and state certificate; filing

RS 37:3711 - License and state certificate; filing
The board shall issue a license or certificate signed by the board's chairman, vice chairman, and all members of the board whenever a candidate for licensure or state certification is found to be qualified as provided in this Chapter. A copy of such license or state certificate, so certified by the board's vice chairman as a true copy, shall be filed with the secretary of state by the administrative assistant of the board. Any filing fees in connection with such filing shall be paid, in advance, to the administrative assistant of the board by the person being licensed or receiving a certificate.
Acts 2013, No. 351, §2.
NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3713. Continuing education

RS 37:3713 - Continuing education
A.(1) A licensed behavior analyst shall annually complete a minimum number of hours of continuing education relevant to the practice of behavior analysis as established by the board.
(2) A certified assistant behavior analyst shall annually complete a minimum number of hours of continuing education relevant to the practice of behavior analysis as established by the board.
B. The board shall develop the requirements for continuing education.
C. The continuing education classes shall be approved by the board.
Acts 2013, No. 351, §2.
NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3714. Fees

RS 37:3714 - Fees
A. All monies received by the board under this Section shall be paid into the treasury of the board.
B. Fees set by the board under the authority of this Chapter shall include fees for the following purposes which shall not exceed the maximum amounts listed below:
(1) For application for licensure $ 400
(2) For application for certification $ 250
(3) For application for registration $ 50
(4) For renewal of licensure $ 400
(5) For renewal of certification $ 250
(6) For renewal of registration $ 50
(7) For JE examination $ 75
(8) For late fees $ 50
(9) For reissuance of license or certificate $ 15
(10) For name changes on record $ 25
(11) For background check $ 50
(12) License verification $ 15
(13) Insufficient check fee $ 15
(14) For copies of documents in the board or committee's
possession $2 per page
(15) For temporary licensure $ 125
Acts 2013, No. 351, §2.
NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3716. Penalties

RS 37:3716 - Penalties
A. It shall be a misdemeanor for any individual:
(1) Not licensed, state certified, or registered under this Chapter to represent himself as a licensed behavior analyst, a state-certified assistant behavior analyst, or a registered line technician.
(2) Not licensed, state certified, or registered under this Chapter to engage in the practice of behavior analysis.
(3) To represent himself as a licensed behavior analyst or a state certified assistant behavior analyst during the time that his license or state certificate as a behavior analyst or an assistant behavior analyst shall be suspended or revoked or lapsed.
(4) To employ as a line technician, a line technician who is not registered pursuant to this Chapter.
B. Such misdemeanor shall be punishable upon conviction by imprisonment for not more than six months or by a fine of not less than one hundred dollars nor more than five hundred dollars, or both. Each violation shall be deemed a separate offense.
C. Such misdemeanor shall be prosecuted by the district attorney of the judicial district in which the offense was committed.
Acts 2013, No. 351, §2.
NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3717. Injunctive proceedings

RS 37:3717 - Injunctive proceedings
A. The board may investigate any evidence or allegation which appears to show that any person is or may be in violation of any provision of this Chapter.
B. The board may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act which is in violation of this Chapter.
C. If it is established that the defendant has been or is committing an act which is in violation of this Chapter, the court shall enter a decree perpetually enjoining the defendant from further committing such act.
D. In case of violation of any injunction issued under the provisions of this Section, the court may summarily conduct a hearing and find the offender in contempt of court.
E. Such injunctive proceedings shall be in addition to, and not in lieu of, all penalties and other remedies as provided in this Chapter.
Acts 2013, No. 351, §2.
NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3718. Termination

RS 37:3718 - Termination
The provisions of this Chapter shall terminate and have no effect on and after July 1, 2028.
Acts 2013, No. 351, §2; Acts 2018, No. 353, §1, eff. July 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3722. Definitions

RS 37:3722 - Definitions
As used in this Chapter, except where the context clearly requires otherwise, the following words and phrases shall have the following meanings:
(1) "Community health worker" means an individual who serves as a liaison for community members to facilitate access to health and social services and to improve quality and cultural competence of service delivery through outreach, education, support, and advocacy. "Community health worker" does not include an individual who provides clinical services.
(2) "Department" means the Louisiana Department of Health.
Acts 2023, No. 182, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3723. Community Health Worker Workforce Board

RS 37:3723 - Community Health Worker Workforce Board
There is hereby created a Louisiana Community Health Worker Workforce Board, hereafter referred to in this Chapter as the "board", within the Louisiana Department of Health. It shall consist of eleven members to include a majority of community health workers. The board shall consist of the following members:
(1) The director of the Community Health Worker Institute at Louisiana State University Health Sciences Center at New Orleans or his designee.
(2) A member of the board of directors of the Louisiana Public Health Institute or his designee.
(3) The secretary of the Louisiana Department of Health or his designee.
(4) The Medicaid executive director in this state or his designee.
(5) The chair of the Louisiana Community Health Outreach Network or his designee.
(6) Six community health workers representing community-based organizations. The six community health workers shall be appointed by the governor from a list of community health workers recommended by the ten human services districts and authorities provided in R.S. 28:912 and developed in consultation with the Louisiana Community Health Outreach Network. The community health workers shall represent all areas of the state, including rural areas.
Acts 2023, No. 182, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3724. Board powers and duties

RS 37:3724 - Board powers and duties
A. The board shall meet twice per year. Members of the board shall serve without compensation.
B. The Louisiana State University Health Science Center, Center for Healthcare Value and Equity, shall provide staffing for the board.
C. The board shall develop all of the following:
(1) A recommended program to enhance employer readiness in hiring community health workers.
(2) Recommendations for core skills, roles, and competencies for community health workers in Louisiana.
(3) Recommended standards and requirements for community health worker education and training programs, including recommended standards for community health worker educators.
(4) Recommendations for sustainable methods of financing for community health worker services.
D. The board may do all of the following:
(1) Review community health worker training programs.
(2) Make recommendations to community health worker training programs.
(3) Track employment of community health workers in Louisiana from information provided voluntarily to the board by entities such as employers or community-based organizations.
Acts 2023, No. 182, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3725. Department powers and duties

RS 37:3725 - Department powers and duties
The department, in consultation with the board, may adopt rules pursuant to the Administrative Procedure Act to implement core skills, roles, and competencies for community health workers; to implement standards and requirements for community health worker education and training programs; and to implement standards for community health worker education.
Acts 2023, No. 182, §2.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1. Department of public works; domicile; service of process; powers

RS 38:1 - Department of public works; domicile; service of process; powers
The department of public works is hereby created and is hereby declared to be and continued as a body politic and corporate. The domicile of the department of public works is the city of Baton Rouge, and service of citation and other service of process shall be made by handing the citation and other process to the director or the chief engineer. The department may acquire, own, administer, alienate and otherwise dispose of all kinds of property, movable and immovable, tangible or intangible; contract; adopt, alter or destroy an official seal; sue and be sued and implead and be impleaded; provided, however, that the authorization to sue and to be sued shall not authorize suits against the department for recovery of damages ex delicto.
Amended by Acts 1970, No. 117, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3. Inland waterways, navigation projects; jurisdiction of United States not affected

RS 38:3 - Inland waterways, navigation projects; jurisdiction of United States not affected
A. The Department of Transportation and Development shall plan systems of inland waterways, navigation drainage; irrigation and water conservation projects; foster the maintenance, improvement, and extension of the Intracoastal Canal System and its feeders; and initiate, sponsor, and carry through to completion all waterway projects which will further develop and expand the water resources of Louisiana, whether the projects are under the Flood Control Act or any other federal agency.
B. Nothing in this Section shall be construed as interfering with the jurisdiction of the United States government over the navigable waters in Louisiana or as abridging, impairing, or altering the rights, obligations, and authority of the United States, the Secretary of the Army, Chief of Engineers, or any commission, board, or officer of the United States conferred or provided by any Act of Congress in respect to the execution, maintenance, or control of any plan, project, or program of flood control, navigation, or the use and improvement of navigable streams and waters, or in respect to any of the matters or things referred to in this Section.
C. Nothing in this Section shall be construed as interfering with the mission and jurisdiction of the Coastal Protection and Restoration Authority Board for all integrated coastal protection, as defined in R.S. 49:214.2(10), including but not limited to water resources development and water conservation projects located in the coastal area, as defined in R.S. 49:213.2(3).
Amended by Acts 1952, No. 127, §13; Acts 2012, No. 601, §1, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:4. Drainage and reclamation of property

RS 38:4 - Drainage and reclamation of property
The Department of Public Works may, on its own initiative and at its own expense with any money appropriated by the State for these purposes, drain and reclaim, or cause to be drained and reclaimed, the undrained or partially drained marsh, swamp and overflow lands in the state, with the view of controlling floods and causing settlement and cultivation of the lands.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:5. Cooperation with federal government in drainage and reclamation projects

RS 38:5 - Cooperation with federal government in drainage and reclamation projects
The Department of Public Works may also cooperate with the federal government or any federal agency, and may receive and expend grants of money by the federal government or any federal agency for the purpose, upon any terms and conditions prescribed by the Congress or any agency of the federal government under authority of the Congress, 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.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:5.1. Planning assistance to municipal and other planning agencies; federal grants

RS 38:5.1 - Planning assistance to municipal and other planning agencies; federal grants
For the purpose of providing planning assistance to municipal, parish, regional and other planning agencies of the state of Louisiana in the solution of their planning problems, the Department of Public Works, State of Louisiana, be and is authorized to apply for and accept grants of money from the government of the United States or any federal agencies in connection with such assistance and, to this end, the said department may contract with the United States or such federal agencies for the acceptance of such grants including any requirement for matching said grants in whole or in part.
Added by Acts 1955, No. 101, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:6. Cooperation with drainage districts, levee boards, and political subdivisions

RS 38:6 - Cooperation with drainage districts, levee boards, and political subdivisions
The Department of Transportation and Development may also cooperate with any drainage or subdrainage district, any gravity drainage or gravity subdrainage district, any levee board, or any political subdivision, now or hereafter organized in accordance with law, upon any terms and conditions prescribed by the department. The department shall assess and collect fees for the engineering services it provides to drainage districts, levee boards, and political subdivisions, other than state or federally funded projects.
Acts 1986, No. 110, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:9. Appointment and qualifications of department head

RS 38:9 - Appointment and qualifications of department head
The head of the department shall be appointed by the governor with the advice and consent of the senate for a term of four years and until his successor has qualified. The compensation of the director shall be fixed by the governor. His appointment shall be made on the sole basis of his qualifications to administer the affairs of the department. The director shall serve on a full time basis and be subject to removal by the governor only for cause and after public hearing.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:10. Management and exercise of functions of department

RS 38:10 - Management and exercise of functions of department
Subject to the executive direction and control which is vested in the governor as chief magistrate of the state by the constitution and this Chapter, the director shall have the management of the department and, subject to the provisions of this Chapter, shall exercise all the functions of the department himself or through the department organization provided, in carrying out the provisions of law with respect to its functions, except those functions which are specifically assigned to the board of the department under the provisions of this Chapter. Any act performed by any employee of the department under the authority of the director shall be deemed an act of the department and of the director. The director shall designate the head of some division or other employee of the department to act as head of the department in his own absence or disability or in case of a vacancy until the absence or disability is terminated or the vacancy is filled. In default of designation by the director the governor may make the designation.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:11. Powers of director

RS 38:11 - Powers of director
The director, subject to the limitations of appropriations and any law relating to the civil service of the state or any department or other agency thereof that may be in effect, may establish and make appointments to positions within the department, abolish positions, transfer duties between positions and assign duties to, direct and control the work of, and transfer, promote, demote, remove, and otherwise change the status of employees of the department. All employees of the department shall, to the extent practicable, be interchangeable in work assignments for any temporary period which may be necessary to meet seasonal and emergency demands upon the department.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:12. Establishment of divisions; appointment of heads

RS 38:12 - Establishment of divisions; appointment of heads
The work of the department, other than that performed by the director or assigned to the board, shall be distributed among the divisions provided by or established in accordance with this Chapter. The heads of divisions shall be appointed by the director subject to any provisions of law in effect. Except as the internal organization structure of the department and the establishment of divisions are specially provided by this Chapter, the governor, on recommendation of the director, may authorize the director to combine existing divisions, divide existing divisions, establish new divisions, change the names of divisions, add new functions to existing divisions, or transfer functions and staff from one division to another within the department. The director with the approval of the Board of Public Works may create, combine, or divide subordinate units within a division or otherwise alter the internal organization of a division.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:13. Director to prescribe definite plan or organization for department

RS 38:13 - Director to prescribe definite plan or organization for department
The director shall cause to be designated, and shall prescribe, a definite plan or organization and procedure of the department with a view to the most effective conduct of the work of the department. The plan shall include such elements as unified and systematic procedure, definite allocation of functions to the divisions and other component parts of the department, proper housing and layout of quarters to facilitate the carrying out and supervision of the work in process, effective routing and flow of work and coordination of staff efforts in carrying out the procedures prescribed. The director shall cause standard practice instructions to be prepared for the guidance of all concerned in the operation of the prescribed plan and the system of procedures based on it and for putting the prescribed procedures into effect and fitting them to the plan of organization established in accordance with law.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:14. Governor and director to prescribe general administrative rules

RS 38:14 - Governor and director to prescribe general administrative rules
The governor may prescribe all general administrative rules for the conduct of the affairs of the administrative departments, not inconsistent with law which he may deem necessary or expedient. The head of the department may prescribe all administrative rules with the approval of the board of the department which he may deem necessary or expedient for the proper conduct of the work of the department and for making effective the provisions of law and which are not inconsistent with any provisions of law or with any general rules prescribed by the governor.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:15. General information, documents; prohibition

RS 38:15 - General information, documents; prohibition
The assistant secretary shall not authorize reports and recommendations which include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
Acts 1986, No. 823, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:16. Board of Public Works; abolition

RS 38:16 - Board of Public Works; abolition
A. The Board of Public Works is hereby abolished.
B. The secretary of the Department of Transportation and Development shall be responsible for performing or exercising or delegating to an office within his department any powers or functions heretofore vested in the Board of Public Works.
Amended by Acts 1956, No. 262, §1; Acts 1970, No. 678, §1; Acts 1977, No. 214, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:17. Divisions to exercise functions of department; contracts; grants of money; reports

RS 38:17 - Divisions to exercise functions of department; contracts; grants of money; reports
A. The assistant secretary shall exercise the functions of the office of engineering, subject to the direction and control of the secretary.
B. The assistant secretary may enter into written contracts with the federal government or any federal agency, or any political subdivision of the state or private individual for the construction, operation, or maintenance of any public works which under this Chapter the department may administer and may receive and disburse grants of money from the agencies or persons for these purposes. All grants of money shall be credited by the treasurer in a special account subject to withdrawal only by the assistant secretary of the office of engineering. Any portion of any grant unexpended at the end of any fiscal year shall remain to the credit of the department for expenditure during the succeeding fiscal years.
C. A complete and itemized report of the public improvements fund of the office of engineering of the previous fiscal year's expenditures shall be made by October first of each year. The report submitted shall include the source of all funds expended on public works projects from the public improvements fund, a project description, the location of the project, the amount of funds granted for each project, and the date and payee of each disbursement of funds expended on each project. The office shall request each recipient of funds from the public improvements fund to provide, in detail, a description of the project for which the funds were used, a listing of the date and amount of all disbursements of funds, to whom each payment was made and for what purpose. If the recipient submits the requested information, the office shall include same in the report. If the information is not submitted, the office shall make note of such fact in the report. The report shall be submitted to the legislative auditor and to the House and Senate committees on transportation, highways, and public works.
Acts 1987, No. 926, §1, eff. January 1, 1988; Acts 2012, No. 753, §5.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:18. Conference with wildlife and fisheries commission

RS 38:18 - Conference with wildlife and fisheries commission
The Louisiana Department of Public Works shall without fail confer with the Louisiana Wildlife and Fisheries Commission in the earliest possible planning stage on every project affecting wetlands and other wildlife habitat, whether such projects be joint state-federal, state-parish or state or parish projects.
Added by Acts 1956, No. 405, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:20. Red River Compact Commission membership

RS 38:20 - Red River Compact Commission membership
A. There shall be two members appointed to represent the state of Louisiana on the Red River Compact Commission as required by Act No. 71 of the 1978 Regular Session of the Legislature. One member shall be the chief engineer of the office of engineering of the Department of Transportation and Development or his designee and one member shall be appointed by the governor, subject to Senate confirmation.
B. The member of the Red River Compact Commission appointed by the governor to represent the state as provided by Article IX of the Red River Compact contained in Act No. 71 of the 1978 Regular Session of the Legislature shall be entitled to receive a per diem allowance of fifty dollars for each day of a meeting of the administration or any of its committees actually attended by such member, to be paid out of funds available for the purpose by the office of engineering of the Department of Transportation and Development, on his own warrant. In addition, such member of the administration shall be entitled to be reimbursed for expenses actually incurred in attending meetings of the administration or its committees, or in the transaction of any business of the administration, to be paid out of funds available for that purpose by the office of engineering of the Department of Transportation and Development.
Acts 1987, No. 706, §1; Acts 2012, No. 753, §5.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:21. Intent

RS 38:21 - Intent
It is the responsibility of the state to provide a means for the inspection, regulation, and supervision of all present or future dams within the state and the operation and maintenance of those as specified in this Chapter, both federal and nonfederal but excluding the Toledo Bend Dam, and the locks and dams on the Red River, Ouachita River, Black River, Mississippi River, and tributaries under the jurisdiction of the United States Army Corps of Engineers, in order to prevent and correct potential hazards to downstream life and property in the event of failure of any dam.
Added by Acts 1981, No. 733, §1, eff. July 23, 1981. Acts 1984, No. 270, §1, eff. July 1, 1984; Acts 2022, No. 687, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:22. Definitions

RS 38:22 - Definitions
When used in this Chapter, the following words, terms, and phrases shall have the following meaning:
(1) "Dam" is any artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which has or will have a dam height of twenty-five feet or more or has or will have a maximum liquid storage capacity of fifty acre-feet or more. This definition does not include any dam or barrier that is not or will not be in excess of six feet in height, regardless of storage capacity, or which has or will have a storage capacity of maximum water storage capacity not in excess of fifteen acre-feet, regardless of height.
(2) "Dam height" means the difference in elevation of the bed of the watercourse measured at the downstream toe of the barrier or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the lowest point on the crest of the dam excluding any spillways or controlled openings.
(3) "Modification" means enlargements or changes that may affect the safety of the dam, including but not limited to adding significant amounts of material to, or removing material from, the cross-section of a dam; changing the dimensions or elevations of spillways; correcting damages associated with significant seepage through or under the dam; building a roadway or placing utilities on or in any part of the dam or altering the operational features of a dam excluding activities associated with routine maintenance.
Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2022, No. 687, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:23. Permit or consent required

RS 38:23 - Permit or consent required
A. All dams, as described in R.S. 38:22, both federal and nonfederal but excluding the Toledo Bend Dam, and the locks and dams on the Red River, Ouachita River, Black River, Mississippi River and tributaries under the jurisdiction of the United States Army Corp of Engineers, shall be under the jurisdiction of the state acting through the chief engineer of the Department of Transportation and Development, office of engineering. The chief engineer, or his authorized representative, shall have supervision and overview of the construction, modification, operation, and maintenance of the dams to the extent required to protect life and property and to provide for the safety and welfare of the public. No person, partnership, association, corporation, agency, or political subdivision shall construct any such dam or make, construct, or permit to be made or constructed any modification of the dam without first obtaining the written consent or permit of the chief engineer. No permit is required for routine maintenance.
B. All designs for new dams or for modifications or removal of existing dams under the jurisdiction of the state shall be designed by a professional engineer registered in Louisiana and shall be in compliance with all rules and regulations promulgated under the provisions of the Administrative Procedure Act. The engineer providing professional services shall notify the owner in writing of the owner's obligation to obtain a permit or written consent of the chief engineer before the start of construction of a new dam or modification or removal of an existing dam.
Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2012, No. 753, §5; Acts 2022, No. 687, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:24. Rules and regulations; inspection of dams

RS 38:24 - Rules and regulations; inspection of dams
A.(1) The chief engineer shall adopt and may from time to time amend rules and regulations in order to establish standards for the construction, modification, operation, and maintenance of such dams and to administer and enforce these provisions. In order to secure conformity with the adopted rules and regulations and to assure compliance with any consent or permit granted pursuant to the provisions of this Chapter, the chief engineer or his authorized representative, is authorized and it shall be his duty to inspect all such dams. The number of inspections is to be based on the category of dams, as defined in the rules and regulations, but periodical changes may be necessitated according to future development of a categorized dam in the rules and regulations. The chief engineer or his authorized representative shall have the right of access to private property in order to make inspections of such dams.
(2) The provisions of this Subsection shall apply to both existing dams and new construction, except that dams under construction or completed prior to August 15, 1995, shall not be required to meet the new dam construction requirements unless the owner elects to make major modifications or repairs or the chief engineer determines that the impoundment structure has developed major deficiencies, requiring rehabilitation or reconstruction. The provisions of this Paragraph shall become effective upon promulgation and formal adoption of rules and regulations under the provisions of the Administrative Procedure Act to implement the provisions of this Subsection.
B. Notwithstanding any other provisions of law or any rules and regulations to the contrary, the legally constituted boards of commissioners of Black Lake, Clear Lake, and Saline Lake in Natchitoches Parish may recommend directly to the Department of Transportation and Development that the dams situated on said lakes should be opened for flood-control purposes only. The chief engineer, or his authorized representative, shall have the final authority for determining the necessity of opening the dams, and no other department of state government shall be involved in these flood-control activities.
Acts 1991, No. 532, §1; Acts 1995, No. 1049, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:25. Exemptions for other programs; additional requirements

RS 38:25 - Exemptions for other programs; additional requirements
A. Where the impoundment of liquid substances or hazardous wastes and materials by dikes, dams, or barriers is permitted or regulated under the Department of Energy and Natural Resources, that office shall adopt rules and regulations for the construction, operation, and maintenance of the facilities in accordance with the requirements, rules, and regulations promulgated under this Chapter, and the impoundments are exempted from the provisions of this Chapter.
B. The requirements of this Chapter and rules and regulations adopted hereunder shall be in addition to the requirements for permits and leases of state waterbottoms contained in R.S. 41:1701 et seq.
Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2023, No. 150, §12, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:27. Damage claims

RS 38:27 - Damage claims
No action may be brought against the state of Louisiana, its agencies, or its agents and employees for the recovery of damages caused by the partial or total failure of any dam or through the operation of any dam on the basis that such defendant or defendants are liable to the claimant because of the approval of the dam, or the approval of plans for flood handling during the period of construction, modification, removal, or the issuance or enforcement of orders relative to maintenance, repair, modification, removal, or operation of the dam, or the control and regulation of the dam, or the measures taken to protect against failure of the dam during an emergency.
Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2022, No. 687, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:28. Penalties

RS 38:28 - Penalties
A. It is unlawful for any person to violate any provision of this Chapter relative to dams, or any provision of the orders, rules, regulations, or lawful requirements of the chief engineer; or to willfully obstruct, hinder, or prevent the chief engineer, or his authorized representative, from performing the duties imposed herein; or for any director, officer, agent, or employee of a contractor who engages in the construction, modification, maintenance, or removal of any dam, to knowingly do work or permit work to be done on the dam without the approval or in violation of any approval as provided in this Chapter; or for any inspector, agent, or employee of the chief engineer to fail to immediately notify him of such improper work of which he has knowledge.
B. Any engineer providing professional services who designs a new dam or a modification or removal of an existing dam without notifying the owner in writing of the owner's obligation to obtain a permit or written consent of the chief engineer prior to the start of construction shall be reported to the Louisiana Professional Engineering and Land Surveying Board (LAPELS).
C. Upon request of the Department of Transportation and Development, the state police may issue a citation to any person who is in violation of Subsection A of this Section. Every person who is convicted of a violation of Subsection A of this Section shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.
D. Every fine imposed pursuant to the provisions of this Section shall be collected by the court and forwarded to the state treasurer for deposit in the Transportation Trust Fund to defray the costs of the Louisiana Dam Safety Program.
Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2022, No. 687, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:30. Purpose

RS 38:30 - Purpose
A. The legislature hereby acknowledges that water as a source of life is the most important element of man's environmental resources. Louisiana has been favored with abundant water resources and has had little to prompt the establishment of a state policy and program addressing the short and long-term availability of and need for water. However, the planning, development, and wise management of the state's water resources will be necessary to sustain its people, commerce, and industry.
B. To ensure an adequate and safe supply of water to Louisiana users, the legislature hereby creates a statewide program for the planning, development, and management of water resources.
Added by Acts 1983, No. 625, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:31. Definitions

RS 38:31 - Definitions
For the purposes of this Chapter, the following terms shall have the meanings ascribed to them in this Section:
(1) "Entity" means any municipality, parish, special district, or other political subdivision or combination thereof.
(2) "Office" means the office of engineering of the Department of Transportation and Development.
(3) "Planning commission" means one of the state's eight regional planning commissions.
(4) "Project" means:
(a) Any engineering undertaking or work to conserve and develop surface or subsurface water resources of the state for any useful and lawful purpose by the acquisition, improvement, extension, or construction of water storage projects and filtration and treatment plants.
(b) Any system necessary to distribute water from storage to points of distribution or filtration and treatment plants.
(c) Any facility for the distribution of water from storage or filtration and treatment plants to wholesale or retail purchasers.
(d) Any sewerage system to improve or develop sewage treatment, collection, or distribution capabilities consistent with provisions of R.S. 38:32.
Added by Acts 1983, No. 625, §1; Acts 2012, No. 753, §5.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:33. Regional planning commissions

RS 38:33 - Regional planning commissions
A. Each of the eight regional planning commissions created throughout the state pursuant to the authorization provided in Subparts C and F of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950 shall be authorized to and shall assist the office of engineering in preparation of that office's annual report to the governor, the House Committee on Transportation, Highways and Public Works, the Senate Committee on Transportation, Highways and Public Works, and the Joint Legislative Committee on the Budget regarding priorities for project funding in accordance with the requirements of R.S. 38:32.
B. Each planning commission shall solicit proposals for project funding from local governments and from special districts, boards, and commissions having water resources and sewerage responsibilities, which entities are located within the area of jurisdiction of the planning commission. Each planning commission shall set a deadline for receipt of project proposals, following which it shall rank in order of priority those projects needing and deserving of project funding. Each planning commission shall establish guidelines acceptable to and approved by the office of engineering by which to evaluate and rank project proposals.
C. Each planning commission shall prepare and submit to the office of engineering a report setting forth a list of projects recommended for funding. Said report shall be submitted to the office at least one hundred twenty days prior to the date upon which the office plans to submit its comprehensive list of prioritized projects to the governor, the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works, and the Joint Legislative Committee on the Budget.
Added by Acts 1983, No. 625, §1. Acts 1984, No. 377, §1; Acts 2012, No. 753, §5.
{{NOTE: SEE ACTS 1984, NO. 377, §3.}}
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:34. Project evaluation and ranking

RS 38:34 - Project evaluation and ranking
A. Upon receipt of reports by the regional planning commissions as required by R.S. 38:33, the office of engineering shall evaluate them on a regional basis and shall rank them in order of priority for funding, according to its rules and regulations and consistent with water resource plans and program priorities as developed in the office of environmental affairs, where applicable.
B. The report by the office of engineering shall be submitted to the governor, the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works, and the Joint Legislative Committee on the Budget by January fifteenth of each calendar year. The report shall include narrative providing the following information for each proposal contained in the report:
(1) A statement of project needs and benefits.
(2) Rationale for priority ranking.
Added by Acts 1983, No. 625, §1; Acts 2012, No. 753, §5.