reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2352. Officers of the commission; meetings

RS 34:2352 - Officers of the commission; meetings
The commission shall elect from among its own members a president, a vice-president, a secretary and a treasurer, whose respective duties shall be prescribed by the commission. At the option of the commission, the office of the secretary and treasurer may be held by one person. The commission shall meet in regular session, once each month, and shall also meet in special session at the call of the president of the commission, or on the written request of three members of the commission. A majority of the commission shall constitute a quorum, and all actions or resolutions of the commission must be approved by the affirmative vote of not less than a majority of all members of the commission. The commission shall prescribe rules governing its meeting and shall fix a place at which the meetings shall be held.
Added by Acts 1966, No. 49, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2355. Prescriptive period; sale of bonds

RS 34:2355 - Prescriptive period; sale of bonds
A. For a period sixty days from the date of the adoption of any resolution of the commission authorizing the issuance of its bonds or notes, any person interested may test the legality of such resolution and the validity of such bonds or notes issued or proposed to be issued thereunder, after which time no one shall have any cause of action to contest the regularity, formality, or legality of said resolution or to draw in question the legality of said bonds or notes or the debts represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said sixty days.
B. Any bond issued in accordance with the provisions hereof shall be sold to the highest bidder, at a public sale, for not less than par and accrued interest, after advertisement, once a week for not less than thirty days, by the commission in a newspaper of general circulation published in Colfax, Louisiana; Chicago, Illinois; New York, New York; and such other places as the commission shall determine, reserving to the commission the right to reject any and all bids, and the right to readvertise for new bids. If, after advertisement as hereinabove provided, no bids are received, or if such bids as are received are considered in the discretion of the commission to be unsatisfactory, then and in that event, the commission may publicly negotiate for the sale of such bonds.
Added by Acts 1966, No. 49, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2357. Advertisement; R.S. 43:111 not to apply

RS 34:2357 - Advertisement; R.S. 43:111 not to apply
The prohibition, contained in R.S. 43:111, against advertising in any newspaper, book, pamphlet or periodical, shall not apply to the Grant Parish Port Commission in carrying out its functions and duties under the constitution and laws of this state.
Added by Acts 1966, No. 49, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2401. Creation of district

RS 34:2401 - Creation of district
The Madison Parish Port, Harbor and Terminal District, hereinafter referred to as "the district," is hereby created as a political subdivision of the state, with full corporate powers. The territorial limits and territorial jurisdiction of said district shall be the entire parish of Madison as the boundaries and limits of said parish are presently fixed by law.
Added by Acts 1966, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2402. Governing authority

RS 34:2402 - Governing authority
A.(1) The Madison Parish Port Commission, hereinafter referred to as "the commission", is hereby created and established as the governing authority of the district. The commission shall be composed of seven commissioners, who shall be appointed and shall serve for terms as follows:
(a) Six of the commissioners shall be appointed by the governing authority of the parish of Madison;
(b) One commissioner shall be elected by the above mentioned members of the commission.
(2) The commissioner initially appointed by the members of the commission and two of the six commissioners initially appointed by the governing authority of the parish of Madison, each shall be appointed to serve for a term of two years. Two of the six commissioners initially appointed by the governing authority of the parish of Madison shall serve for four years. The remaining commissioners shall be initially appointed to serve for a term of six years. Thereafter, the successors to each of the seven commissioners shall be appointed to serve for terms of four years.
B. Each commissioner shall be a citizen of the United States, a qualified voter and taxpayer of the State of Louisiana and a resident of the parish of Madison.
C. In the event any commissioner ceases to be a commissioner for any reason, his successor shall be appointed in the same manner as the original appointment and shall serve for the remainder of the unexpired term of the outgoing commissioner.
D. The commissioners shall serve without compensation, but the commission may authorize a reasonable travel allowance for the commissioners in the performance of their official duties.
E. The commission shall elect a chairman and a vice-chairman from among its membership. It may also elect from among its membership, or otherwise, a secretary and a treasurer, whose respective duties shall be prescribed by the commission. At the option of the commission, the offices of secretary and treasurer may be held by the same person.
F. The commission shall meet in regular session, once each month, and shall also meet in special session at the call of the chairman of the commission, or on the written request of three commissioners. The commission shall prescribe rules to govern its meetings and shall fix the place at which meetings shall be held. A majority of the commissioners shall constitute a quorum, and all action or resolutions of the commission, to be valid, must be approved by the affirmative vote of not less than a majority of the entire membership of the commission.
Added by Acts 1966, No. 369, §1; Amended by Acts 1988, No. 498, §1, eff. July 9, 1988.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2406. Sale of bonds, prescriptive period to contest

RS 34:2406 - Sale of bonds, prescriptive period to contest
All bonds issued under authority of this Chapter shall be sold to the highest bidder at a public sale, for not less than par and accrued interest, after advertisement by the district at least once a week for not less than thirty days, in a newspaper of general circulation within the district and in a financial newspaper or journal published in New Orleans, Louisiana, New York, New York, or Chicago, Illinois, reserving to the district the right to reject any and all bids and to readvertise for bids. If the bonds are not sold pursuant to the advertisement, they may be sold by the commission by private sale within sixty days after the date advertised for the reception of sealed bids, but no private sale shall be made at a price less than the highest bid which was received. If not sold, the bonds shall be readvertised in the manner herein prescribed.
For a period of sixty days from the date of the adoption of any resolution of the commission authorizing the issuance of its bonds or notes, any person in interest shall have the right to contest the legality of such resolution and the validity of such bonds or notes issued or proposed to be issued thereunder, after which time no person shall have any cause or right of action to contest the regularity, formality or legality of said resolution or to draw into question the legality of said bonds or notes or the debts represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said sixty days.
Such bonds shall have all the qualities of negotiable instruments under the law merchant and the Negotiable Instruments Law of this state.
Added by Acts 1966, No. 369, §1. Amended by Acts 1968, No. 111, §3.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2407. Advertisement; R.S. 43:111 not to apply

RS 34:2407 - Advertisement; R.S. 43:111 not to apply
The prohibition contained in R.S. 43:111 against advertising in any newspaper, book, pamphlet or periodical, shall not apply to the Madison Parish Port Commission in carrying out its functions and duties under the Constitution and laws of this state.
Added by Acts 1966, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2472. Officers of the board; meetings

RS 34:2472 - Officers of the board; meetings
A. The commission shall elect from among its own members a chairman, a vice chairman, a secretary, and a treasurer, whose respective duties shall be prescribed by the commission. At the option of the commission the offices of the secretary and treasurer may be held by one person. The commission shall meet in regular session once each month and also shall meet in special session at the call of the chairman of the commission or on the written request of three members of the commission. A majority of the members of the commission shall constitute a quorum and all action or resolutions of the commission must be approved by the affirmative vote of not less than a majority of all members of the commission.
B. The domicile and regular meeting place of the commission shall be Reserve, Louisiana.
C. The commission shall prescribe rules to govern its meetings and may fix the place at which its special meetings shall be held.
D. The commission may authorize in its bylaws the payment of a per diem to each commissioner for attendance at officially called meetings or any subcommittee meetings of the board of commissioners not to exceed the federal employee authorized per diem.
Acts 1975, No. 65, §1; Acts 1997, No. 708, §1; Acts 1997, No. 1023, §1, eff. July 11, 1997; Acts 2004, No. 307, §1; Acts 2019, No. 64, §1; Acts 2022, No. 376, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2475. Testing validity of bonds or notes

RS 34:2475 - Testing validity of bonds or notes
A. For a period of sixty days after the date of the adoption of any resolution of the commission authorizing the issuance of its bonds or notes, any person interested may test the legality of said resolutions and the validity of said bonds or notes issued or proposed to be issued thereunder, after which time no one shall have any cause of action to contest the regularity, formality, or legality of said resolution or to draw in question the legality of said bonds or notes or the debt represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said sixty days.
B. Any bonds issued in accordance with the provisions hereof shall be sold to the highest bidder, at a public sale, for not less than par and interest, after advertisement by the port at least once a week for not less than thirty days in Baton Rouge, Chicago, New York, and such other places as the port may determine, reserving to the port the right to reject any and all bids, and the right to readvertise for new bids. If, after advertisement as hereinabove provided, no bids are received, or if such bids as are received are considered in the discretion of the commission to be unsatisfactory, then the port may publicly negotiate for the sale of such bonds.
C. Notwithstanding any provision of this Chapter to the contrary, the provisions of R.S. 39:1421 through 39:1426 and of R.S. 13:5121 through 5130 shall be applicable to the Port of South Louisiana.
Acts 1975, No. 65, §1; Acts 1999, No. 852, §1, eff. July 2, 1999.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2476. Acquisition of properties; expropriation

RS 34:2476 - Acquisition of properties; expropriation
A. The Port of South Louisiana Commission may acquire, purchase, construct, or improve industrial plant buildings and necessary property, equipment and appurtenances thereof as a lawful purpose for which its bonds may be issued in the manner and within the limitations provided in this Chapter. Such industrial properties are hereby determined to be structures useful for the commerce of the port area as contemplated by this Chapter and not inconsistent with the provisions thereof.
B. The Port of South Louisiana Commission may acquire by expropriation, in accordance with the expropriation laws of the state of Louisiana, any land, servitudes, or improvements necessary for the commerce of the port area as contemplated by this Chapter and not inconsistent with the provisions thereof. In every case of expropriation, the question of necessity shall be determined by the court.
Acts 1975, No. 65, §1. Amended by Acts 1981, No. 456, §1; Acts 1999, No. 852, §1, eff. July 2, 1999.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2476.1. Additional economic development functions

RS 34:2476.1 - Additional economic development functions
A. In addition to any other powers and functions, the port may perform the functions of an economic and industrial development entity. Such functions may include but shall not be limited to the following:
(1) Public relations, advertising, marketing, and providing and disseminating information.
(2) Government relations, ombudsman, and government liaison.
(3) Financial and financing assistance.
(4) Tax abatement.
(5) Planning and coordination for economic development and resource utilization, including such functions as industrial and economic research and industrial programming and solicitation.
(6) Industrial training, technical assistance, and technology transfer.
(7) The use of public and other legal powers to facilitate development.
(8) Promoting transfer mechanisms to take ideas from their point of origin and development to commercially successful utilization by local enterprises.
(9) Fostering entrepreneurial activity in the port district and region.
(10) Promoting the development of new products, processes, or services or new uses for existing products, processes, or services manufactured or marketed in the port district and region.
(11) Supporting market research aimed at identifying new markets for local or regional products and processes, including international markets; determining the characteristics, needs and preferences of those markets; and developing new marketing techniques to exploit those markets.
(12) Fostering and supporting economic and industrial development and education in cooperation with private business enterprises, financial institutions, educational institutions, nonprofit institutions and organizations, state government and political subdivisions of the state, the federal government, and other organizations or persons concerned with research, development, education, commercial application, and economic or industrial development in ways which increase the economic base of the port district and region.
B. For the purposes enumerated in Subsection A of this Section, the port may engage in whatever activities and projects it deems most appropriate to encourage and assist economic growth and development in accordance with and pursuant to the provisions of this Chapter.
Acts 2004, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:2477. Transitional

RS 34:2477 - Transitional
R.S. 34:2471 through 2476 shall be construed as continuations of and as substitutes for the provisions of Article VI, Section 33.1 of the Louisiana Constitution of 1921 and not as new enactments, and shall be amended or repealed only in accordance with Article VI, Section 43 of the Louisiana Constitution of 1974.
Acts 1975, No. 65, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3101. Object; purpose of Chapter

RS 34:3101 - Object; purpose of Chapter
A. It is the object and purpose of this Chapter to provide for the creation of a state agency of the state of Louisiana, possessing full corporate powers, known as the Offshore Terminal Authority, hereinafter referred to as the "authority", to promote, plan, finance, develop, construct, control, license, regulate, supervise, operate, manage, maintain and/or modify offshore terminal facilities within the jurisdiction of said authority in order to promote the economic welfare of its citizens. It is hereby declared to be in the public interest that this offshore terminal authority be created as a state agency of the state of Louisiana.
B. It is further the object and purpose of this Chapter:
(1) To promote the economic and industrial well being of the state of Louisiana and international trade for the state of Louisiana, its subdivisions and the area served by the Mississippi River and its tributaries;
(2) To promote the industrial and petrochemical base of the Mississippi Valley region of the United States by providing adequate deep draft port facilities for the handling of the cargoes of deep draft vessels;
(3) To promote, in addition to port operations, scientific and all other uses directly related to the offshore terminal facilities which shall be in the public interest;
(4) To accommodate and plan for the technological innovations occurring in the worldwide and domestic shipping industry to increase efficiency and the flow of commerce through the offshore terminal facilities;
(5) To protect environmental values and Louisiana's unique coastal marshland ecosystem through the adoption of an environmental protection plan;
(6) To assert and protect Louisiana's economic, social and environmental interests in the development of any offshore terminal facilities outside the state of Louisiana where such development may have an impact upon the state of Louisiana;
(7) To create a state agency of the state of Louisiana to exercise the powers and functions granted hereby and to serve as an agency to assist licensees, as hereinafter defined, in the financing of deepwater ports and offshore terminal facilities. The functions exercised by the authority empowered herein shall be deemed to be governmental functions and public obligations of the state of Louisiana performed on behalf of the state.
(8) To assure that the authority shall not be required to pay any taxes or assessments on any property acquired or used by it under the provisions of this chapter or upon the income therefrom. Any bonds issued hereunder shall be serviced from the income of said facility and shall be exempt from taxation by the state of Louisiana, and by any municipal or political subdivision of the state.
Added by Acts 1972, No. 444, §1; Amended by Acts 1974, No. 358, §2; Acts 1976, No. 378, §1; Acts 1977, 1st Ex. Sess., No. 11, §1, eff. Aug. 17, 1977; Acts 2011, No. 207, §10(A).
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3103. Jurisdiction; domicile

RS 34:3103 - Jurisdiction; domicile
A. The authority shall have exclusive jurisdiction over the authority development program within the coastal waters of Louisiana, the areas of the state extending seaward thereof to the extent of the state's rights thereto, and over such other waters, water bottoms, wetlands and lands within the territorial boundaries of the state necessary to effectuate the purposes of this chapter. The jurisdiction of the authority shall not include or extend to the taking, control, regulation, licensing or operation of existing, proposed or future facilities of existing port authorities or port harbor and terminal districts except by mutual agreement.
B. The authority shall have the right to acquire by permit, lease, sublease, license, grant, purchase, or otherwise, water bottoms, wetlands, and lands, inside and outside of the territorial limits of the state of Louisiana, for the construction, operation and maintenance of the facilities functionally required, related, necessary or useful to the authority development program.
C. The authority shall have exclusive power to own, operate, license or otherwise regulate all offshore terminal facilities within its jurisdiction.
D. The domicile of the authority shall be in the city of Baton Rouge.
Added by Acts 1972, No. 444, §1. Amended by Acts 1974, No. 358, §4; Acts 1976, No. 378, §1; Acts 1988, No. 489, §1, eff. July 9, 1988.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3106. Annual reports; budget unit

RS 34:3106 - Annual reports; budget unit
A. The executive director shall make an annual report to the governor showing all receipts and disbursements of the authority; the number of arrivals and departures of vessels and their tonnage; the exports and imports passing through the authority; the general condition of the authority and its structures, facilities, and other properties; and make such recommendations for its development, welfare, and management as may seem advisable.
B. The authority shall be a budget unit of the state and shall be subject to all provisions of law applicable to budget units and all other provisions of law applicable to state agencies.
C. Repealed by Acts 1976, No. 378, §3.
Added by Acts 1972, No. 444, §1; Amended by Acts 1976, No. 378, §1; Acts 2011, No. 207, §10(A).
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3107. Executive director; selection; duties; employees; compensation

RS 34:3107 - Executive director; selection; duties; employees; compensation
A. The governor shall appoint an executive director who shall exercise all control over all executive functions and the general operation of the authority. The authority may through its executive director employ such other agents and employees permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. The executive director shall serve at the pleasure of the governor. All employees of the authority shall be responsible to the executive director who shall organize the personnel employed by the authority in the most efficient manner to accomplish the purpose of the authority as provided in this Chapter and by regulations established by the authority, all to be accomplished in accordance with applicable civil service laws, rules, and regulations.
B. The secretary of the Department of Transportation and Development shall fix the compensation of the executive director, which shall be reasonable in light of fees charged by the authority to provide for its administrative costs attributable to the authority development program.
C. All employees of the authority, except the executive director, an assistant executive director, an executive secretary to the executive director, and professional employees employed on a contract basis, shall be in the classified service of the state.
Added by Acts 1972, No. 444, §1; Amended by Acts 1976, No. 378, §1; Acts 1986, No. 962, §1; Acts 2011, No. 207, §10(A).
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3108. Acquisition of sites; lease of state owned lands and water bottoms

RS 34:3108 - Acquisition of sites; lease of state owned lands and water bottoms
A.(1) To enable the authority to perform the work herein provided, the state of Louisiana, acting by and through the register of state lands, is hereby authorized, empowered and directed to grant to the authority a lease on state owned lands and water bottoms which are selected by the authority as sites for offshore terminal facilities; provided, however, that the mineral rights on any and all state lands shall be reserved to the state of Louisiana.
(2) Upon receipt of a request from the authority describing the lands to be leased by the authority, it is hereby made the mandatory duty of the register of state lands to issue a certificate of title evidencing the lease of the land to the authority as described in the request.
B. The register of state lands shall lease the selected tracts to the authority for five dollars per acre per annum.
C. All such leases shall be for a term of forty years, but the legislature may reevaluate the rental payments upward or downward to reflect changing economic conditions.
D. All proceeds arising from the transfer of such leases of state owned lands and water bottoms shall be paid by the authority to the state treasurer and shall become part of the general fund of the state of Louisiana.
E. Nothing in this Chapter is intended to authorize the authority to lease state owned lands and water bottoms for the exploration, development and production of oil, gas, sulphur or other minerals or for the cultivation or production of marine resources or detract from the authority of the State Mineral and Energy Board and/or Louisiana Wildlife and Fisheries Commission to lease for such purposes. However, tracts once leased to the authority may not be leased by the State Mineral and Energy Board or the Louisiana Wildlife and Fisheries Commission without the express consent of the authority, unless it can be shown by the State Mineral and Energy Board or the Louisiana Wildlife and Fisheries Commission, by clear and convincing evidence, that such lease or leases will not adversely affect present or future authority operations.
Added by Acts 1972, No. 444, §1. Amended by Acts 1974, No. 358, §6; Acts 2009, No. 196, §3, eff. July 1, 2009; Acts 2011, No. 207, §10(A).
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3110. Protection of deepwater ports

RS 34:3110 - Protection of deepwater ports
A. To prevent impairment of the bonds of the three deepwater ports which are backed by the full faith and credit of the state, and to recognize the existing authority of and functions performed by the established ports and harbors of Louisiana, it is hereby recognized that the function, power and authority of the various existing port authorities established pursuant to Article 14, Section 31 of the Louisiana Constitution, and others established by specific constitutional provision are not to be diminished by the jurisdiction and powers exercised by the authority except as provided in this chapter.
B. The authority may enter into intergovernmental contract agreements with existing port authorities, individually, or with any other parish, city, municipality or subdivision of the state, and may engage jointly in the exercise of any power, the making of any improvements which each of the participating authorities may exercise or undertake individually under any provision of general or special law.
C. The authority, in establishing or enacting its rates and charges for bulk cargo shall consider the overall economic impact on the economy of the three deepwater ports, and its charges and rates shall be compensatory.
D. The authority shall not engage in the handling of break bulk or general cargo without the prior written agreement of the three deepwater ports, which agreement, among other provisions, may provide for use of existing port facilities, rates, wharfage fees and other matters of mutual interest.
Added by Acts 1972, No. 444, §1. Amended by Acts 1974, No. 358, §9.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3111. Public contracts

RS 34:3111 - Public contracts
A. Subject to the provisions of Subsection F of Section 3109 of this Chapter, all public works exceeding the sum of ten thousand dollars, including both labor and materials, to be performed by the authority and paid for out of public funds shall be governed by Part II, Chapter 10, Title 38 of the Louisiana Revised Statutes of 1950. However, this provision shall not apply in cases of extreme public emergency, where the authority has certified such public emergency, but in such case notice of such public emergency shall be published in the official journal of the authority within ten days thereof.
B. Where the authority deems it advisable and in the public interest to purchase machinery, equipment or vehicles of certain makes, kinds or types, the advertisement may specify the makes, kinds or types and, after the advertising, the authority may purchase those makes, kinds or types, but they shall not pay more than the actual market price for the machinery, equipment or vehicles.
Added by Acts 1972, No. 444, §1. Amended by Acts 1977, 1st Ex.Sess., No. 11, §1, eff. Aug. 17, 1977.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3114. Issuance and transfer of licenses

RS 34:3114 - Issuance and transfer of licenses
A. No person shall construct or operate, or cause to be constructed or operated, offshore terminal facilities within the jurisdiction of the authority without first obtaining a license, the transfer of any license granted to the authority, or other appropriate authorization from the authority.
B. A license shall be issued, any license granted to the authority shall be transferred, or other appropriate authorization granted, only if the authority finds that the applicant or transferee is qualified, and that the facilities or operations conform to the provisions of this Chapter and the rules and regulations of the authority and will be consistent with the public interest declared in this Chapter. Any license so issued or transferred or other appropriate authorization shall be subject to and contain such reasonable conditions as necessary to carry out the purposes of this Chapter.
C. The authority shall establish such other qualifications for applicants or transferees, which may include evidence of financial responsibility or performance bonds, as will insure an applicant's or transferee's ability to comply with this Chapter and the rules and regulations of the authority.
D. The authority shall establish the procedures for submission of applications for the issuance of licenses, the transfer of any license granted to the authority or the issuance of other appropriate authorization, and shall determine what information must be submitted by the applicant. The authority may impose reasonable filing fees and may require the applicant to reimburse the authority for all expenses incurred in processing the application.
E. The authority shall determine the length of time during which a license shall be valid, and the conditions upon which it may be revoked. The transfer by the authority of any of its rights under a license, certificate, permit or authorization granted to the authority shall be for the term specified in the original authorization to the authority. Licenses may be revoked, suspended, annulled or withdrawn in accordance with the procedures set forth in the Louisiana Administrative Procedure Act.
Added by Acts 1972, No. 444, §1. Amended by Acts 1974, No. 358, §12.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3115. Remedies and enforcement

RS 34:3115 - Remedies and enforcement
In addition to all other rights herein granted, the authority and the courts shall have the power to assure compliance with the purposes of this Chapter as follows:
(1) If the authority's executive director has reasonable cause to believe that there exists a violation of this Chapter or of the authority's rules and regulations, which could result in irreparable injury to the authority's operations, the environment, or the public interest, the authority may petition the Civil District Court for the parish of Orleans, or any other court of competent jurisdiction, for appropriate mandatory, injunctive, or other relief pending final adjudication of such matters.
(2) The authority may issue such orders as the public interest and equities of the case may require, and as may be necessary to effectuate the purposes of this Chapter, including but not limited to: cease and desist orders; revocation of, or other appropriate action affecting, licenses issued by the authority; such affirmative action as may be appropriate; and the imposition of fines not exceeding ten thousand dollars per day.
(3) Any individual found to be responsible for a violation of this Chapter or the authority's rules and regulations, whether acting for himself or for others, may be fined not more than ten thousand dollars for each offense. Each day that a violation occurs constitutes a separate offense.
(4) In the event that the authority shall determine that any order made by it, and not then the subject of judicial review, is being violated, the authority may institute a civil action in the Civil District Court for the parish of Orleans or any other court of competent jurisdiction, for enforcement of the authority's order. The enforcement proceeding shall be confined to the record before the authority. The court may enforce, remand, reverse or modify the order of the authority.
Added by Acts 1974, No. 358, §13; Acts 2011, No. 207, §10(A).
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3116. Coordination and cooperation

RS 34:3116 - Coordination and cooperation
A. It is the policy of this chapter that the authority development program be pursued so that there is full coordination and cooperation between agencies and groups that have complementing or overlapping interests and the authority. It is not the policy of this chapter that the authority development program be pursued independently and with a view toward narrow, short-term interests.
B. The executive director shall take affirmative steps to fully coordinate all aspects of the authority development program with the secretary of the Department of Energy and Natural Resources or his designee charged with the development of the coastal zone management plan.
C. The executive director shall take affirmative steps to ensure that the authority development program is coordinated into the planning programs of other modes of transportation, to include rail, road, waterway, air, and pipeline, so that there is a long-term and orderly pursuit of transportation services in the coastal zone which are interrelated and coordinated so as to achieve the most efficient and economical transportation program that is feasible and that will be least destructive of other values in the state.
D. The executive director shall ensure that the appropriate federal agencies which are required by federal law to plan or regulate transportation facilities or programs are consulted regularly and are fully involved in the authority development program where appropriate.
Added by Acts 1974, No. 358, §13; Acts 2011, No. 207, §10(A); Acts 2023, No. 150, §9, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3151. Creation of Natchitoches Parish Port Commission

RS 34:3151 - Creation of Natchitoches Parish Port Commission
There is hereby created a commission to be known as the Natchitoches Parish Port Commission, which shall be composed of five members who shall serve without compensation and who shall be appointed as follows:
(1) Two commissioners appointed by the governing authority of the city of Natchitoches.
(2) Two commissioners appointed by the police jury of the parish of Natchitoches.
(3) One commissioner shall be appointed directly by the governor of Louisiana.
One of the commissioners appointed by the governing authority of the city of Natchitoches and one of the commissioners appointed by the police jury of the parish of Natchitoches shall serve for two years, the other commissioners appointed by the governing authority of the city of Natchitoches and the police jury of the parish of Natchitoches shall serve for four years, and the commissioner appointed directly by the governor shall serve for a term of six years. Thereafter, the successors to each of such commissioners shall be appointed for terms of six years.
Any vacancy on the commission for any reason shall be filled in the same manner as the original appointments and for the unexpired term of office. Each commissioner shall be a citizen of the United States, and a qualified voter and a taxpayer of the state of Louisiana.
Added by Acts 1975, No. 40, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3152. Officers of the commission; meetings

RS 34:3152 - Officers of the commission; meetings
The commission shall elect from among its own members a president, a vice president, a secretary and treasurer, whose respective duties shall be prescribed by the commission. At the option of the commission, the office of the secretary and treasurer may be held by one person. The commission shall meet in regular session, once each month, and shall also meet in special session at the call of the president of the commission, or on the written request of three members of the commission. A majority of the commission shall constitute a quorum, and all actions or resolutions of the commission must be approved by the affirmative vote of not less than a majority of all members of the commission. The commission shall prescribe rules governing its meetings and shall fix a place at which the meetings shall be held.
Added by Acts 1975, No. 40, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3155. Prescriptive period; sale of bonds

RS 34:3155 - Prescriptive period; sale of bonds
For a period of sixty days from the date of the adoption of any resolution of the commission authorizing the issuance of its bonds or notes, any person interested may test the legality of such resolution and the validity of such bonds or notes issued or proposed to be issued thereunder, after which time no one shall have any cause of action to contest the regularity, formality, or legality of said resolution or to draw in question the legality of said bonds or notes or the debts represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said sixty days.
Any bonds issued in accordance with the provisions hereof shall be sold to the highest bidder, at a public sale, for not less than par and accrued interest, after advertisement, once a week for not less than thirty days, by the commission in a newspaper of general circulation published in Natchitoches, Louisiana; Chicago, Illinois; New York, New York, and such other places as the commission shall determine, reserving to the commission the right to reject any and all bids, and the right to readvertise for new bids. If, after advertisement as hereinabove provided, no bids are received, or if such bids as are received are considered in the discretion of the commission to be unsatisfactory, then and in that event, the commission may publicly negotiate for the sale of such bonds.
Added by Acts 1975, No. 41, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3156. Right to expropriate; expropriation by declaration

RS 34:3156 - Right to expropriate; expropriation by declaration
A. The Natchitoches Parish Port Commission may acquire by expropriation in accordance with the general expropriation laws of the state of Louisiana, any wharves, landings, or any other property necessary for the benefit and advantage of the commerce of the said commission, including, but not limited to, the development of industrial parks.
B. When the Natchitoches Parish Port Commission cannot amicably acquire property needed by the commission for the benefit and advantage of the commerce of the commission, including, but not limited to, the development of industrial parks, it may expropriate same either in the manner provided in Subsection A above, or in the manner provided in Part XVIII of Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950, provided any certificate, authorization, and estimate required for the expropriation procedure selected shall be signed by the president of the commission.
Acts 1990, No. 401, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3157. Advertisement; R.S. 43:111 not to apply

RS 34:3157 - Advertisement; R.S. 43:111 not to apply
The prohibition, contained in R.S. 43:111, against advertising in any newspaper, book, pamphlet or periodical, shall not apply to the Natchitoches Parish Port Commission in carrying out its functions and duties under the constitution and laws of this state.
Added by Acts 1975, No. 40, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3159. Officers of the board; meetings; quorum

RS 34:3159 - Officers of the board; meetings; quorum
A. The commission shall elect from among its own members a president, a vice president, a secretary and a treasurer, whose respective duties shall be prescribed by the commission. At the option of the commission, the office of the secretary and treasurer may be held by one person.
B.(1) The commission shall meet once each month in regular session and shall also meet in special session at the call of the president of the commission or on the written request of three members of the commission. A majority of the members of the commission shall constitute a quorum, and all actions or resolutions of the commission must be approved by the affirmative vote of not less than a majority of all members of the commission. The commission shall prescribe rules governing its meetings and shall fix a place at which the meetings shall be held.
(2) In addition to the requirements governing regular and special meetings delineated in Paragraph (1) of this Subsection, the commission shall hold a specially called annual meeting to fully advise the public of projects located in the port area that may affect adjacent landowners.
Added by Acts 1975, No. 66, §1; Acts 2021, No. 152, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3161. Special taxes; assessment; collection

RS 34:3161 - Special taxes; assessment; collection
A. The commission shall have authority, when authorized so to do by a vote of a majority of the electors residing in the port area qualified to vote and voting at an election for such purpose in accordance with law, to levy annually on all property situated within the port area, subject to taxation, an ad valorem tax not to exceed two and one-half mills on the dollar. Upon its own initiative the commission may call a special election and submit to the qualified electors of the port area the question of authorizing the levy of such a tax. The commission shall call such a special election when requested so to do by petition in writing signed by one-fourth of the qualified electors eligible to vote at such election. These special taxes shall be levied, assessed and collected on the property within the port area under the same methods, terms, and conditions and at the same time as state and parish taxes are levied, assessed, and collected. These taxes shall be secured by the same liens upon the property subject to taxation within the port area as apply to taxes for state and parish purposes, and the property subject to any taxes within the port area shall be sold for failure to pay the same in the manner as property is sold for delinquent state, parish, and other taxes under the laws of the state.
B. The provisions of the constitution and all laws regulating the collection of taxes, the creating of tax liens and mortgages, tax penalties and tax sales also shall apply to the collection of all taxes authorized by this Section. The sheriffs and ex officio tax collectors for the parishes of Caddo and Bossier shall make a monthly settlement with the treasurer of the commission and receive from him a receipt for the amount of the taxes paid over in the same manner as tax collectors are required to settle with the state. The tax collector shall receive from the treasurer the same quietus for a full settlement of taxes due and exigible in any given year and account for the delinquents or deductions in the same manner as though accounting to the state for state taxes. The sheriff and ex officio tax collector shall retain from all taxes collected by him for the port area the same commission allowed thereon to him by law on special taxes and shall deposit the amount thereof with the parish treasurer to the credit of the sheriff's salary fund. Upon the failure of the tax collector to comply with the provisions of this Section, the commission shall proceed against him and the sureties on his official bond for the collection of whatever money may be owing to the commission for such special taxes.
Added by Acts 1975, No. 66, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3162. Authority to issue bonds; contesting regularity of issuance; sale of bonds

RS 34:3162 - Authority to issue bonds; contesting regularity of issuance; sale of bonds
A. The commission, with the approval of the State Bond Commission, is authorized to incur debts for its lawful purposes, to issue in its name, bonds or notes therefor, and to pledge for the payment of the principal and interest of such bonds or notes the revenues derived from the operation of properties and facilities maintained and operated by it, or received by the commission from any taxes authorized under R.S. 34:3161 or from other sources. In addition to the pledge of revenues to secure said bonds and notes, the commission may further secure their payment by conventional mortgage upon any or all of the properties constructed or acquired or to be constructed or acquired by it. The commission may receive, by gift, grant, donation, or otherwise, any sum of money, aid, or assistance from the grant, donation, or otherwise, any sum of money, aid or assistance from the United States, the state of Louisiana, or any political subdivision thereof; and unless otherwise provided by the terms of such gift, grant, or donation, in its discretion, the commission may pledge all or any part of such monies for the further securing of the payment of the principal and interest of its bonds or notes.
B. For a period thirty days after the date of the adoption of any resolution of the commission authorizing the issuance of its bond or notes, any person interested may test the legality of such resolution and the validity of such bonds or notes issued or proposed to be issued thereunder, after which time no one shall have any cause of action to contest the regularity, formality, or legality of said resolution or to draw in question the legality of said bonds or notes or the debts represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said thirty days.
C. Any bonds issued in accordance with this Section shall bear interest at the rates, shall be sold in the manner, and may be issued with such terms and provisions as are set forth by R.S. 39:1421 through R.S. 39:1430.
D. Repealed by Acts 1994, No. 9, §2, eff. June 7, 1994.
Added by Acts 1975, No. 66, §1. Amended by Acts 1978, No. 316, §2, eff. July 10, 1978; Acts 1994, No. 9, §§1, 2, eff. June 7, 1994.