reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3095. Falsification of documents to evade regulations; penalty

RS 38:3095 - Falsification of documents to evade regulations; penalty
A. No person shall for the purpose of evading this chapter, or any rule, regulation, or order made thereunder:
(1) Make or cause to be made any false entry or statement of fact in any report required to be made by this chapter or by any rule, regulation, or order made hereunder; or
(2) Make or cause to be made any false entry in an account, record, or memorandum kept by any person in connection with the provisions of this chapter or of any rule, regulation, or order made thereunder; or
(3) Remove out of the jurisdiction of the state, or destroy or mutilate, alter, or by any other means falsify any book, record, or other paper, pertaining to the matters regulated by this chapter or by any rule, regulation, or order made thereunder.
B. Whoever violates this section shall be fined not more than five thousand dollars, or imprisoned not more than six months, or both.
Acts 1972, No. 535, §6.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3097.1. Legislative findings; purpose; effect

RS 38:3097.1 - Legislative findings; purpose; effect
A. As the effective management and planning in the utilization of the state's water resources is hereby found and declared to be a matter of public interest, the state must have a comprehensive ground water management program. Said program must take into consideration the requirements, needs, and obligations of all stakeholders of water in the state of Louisiana. The program shall be based on good management practices, sound science, and economics according to generally accepted principles in those disciplines. It must include as a goal the long-term sustainability of the state's ground water aquifers and preservation of the state's ecological welfare, while considering the economic value thereof to the state's role in interstate commerce and the economic welfare of its citizens. Further, it must provide for the efficient administration in the utilization and management of ground water resources, including the gathering of data related to the state's water resources. Thus, the state's water resources must be protected, conserved, managed, and replenished in an effective manner, with due regard for the foregoing considerations and in the best interest of all the citizens of the state.
B. The legislature hereby recognizes the need for uniformity in the establishment of a comprehensive ground water management program. Therefore, the state shall have exclusive jurisdiction over the management of ground water and this Chapter shall supersede and preempt any rule, regulation, code, statute, or ordinance of any political subdivision or other unit of local government. However, nothing contained in this Chapter shall be construed to deny such local government the authority over siting facilities pursuant to any general land use planning or zoning or to deny soil and water conservation districts powers granted pursuant to R.S. 3:1208.
C. In accordance with the legislative intent provided herein, the statewide ground water resource management program and any rule, regulation, or order of the commissioner shall recognize historic use of ground water resources in the state and may incorporate the use of appropriate incentives to encourage conservation of ground water resources and the appropriate utilization of alternate water supplies where appropriate. Consistent with the provisions of this Chapter and in consultation with the commissioner, the incentives and provisions of alternate water resources may be provided by the state, or any local subdivision thereof, by virtue of tax incentives, tax credits, and physical projects transporting or providing alternate water resources to existing ground water users and by any private person with an interest in conserving such ground water resources for public use.
Acts 2003, No. 49, §2, eff. July 1, 2003; Acts 2012, No. 471, §2.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3097.5. Judicial review

RS 38:3097.5 - Judicial review
A. The owner of the affected well or proposed well or any owner of a well in the same aquifer which may be significantly and adversely impacted by the well at issue may appeal devolutively a final determination by the commissioner only to the Nineteenth Judicial District Court. A petition for review must be filed in the district court within thirty days after notice of the final decision being appealed has been given. Copies of the petition shall be served upon the commissioner. The district court shall grant the petition for review. The commissioner shall not be required to file an answer to the petition for review.
B. The provisions of R.S. 49:978.1(C), (D), (F), and (G), including the standard of review, shall apply to petitions for judicial review provided in this Section.
C. Judicial review regarding well restriction orders shall be decided by the court summarily and by preference. In no case shall the date for a final decision on the merits of such review or appeals extend beyond the ninetieth day after receipt by the court of the record for adjudication. The court in its discretion may issue further orders consistent with the Code of Civil Procedure to carry out the summary mandate of such reviews or appeals.
Acts 2003, No. 49, §2, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3097.6. Determination of area of groundwater concern

RS 38:3097.6 - Determination of area of groundwater concern
A. Any owner of a well that is significantly and adversely affected as a result of the movement of a saltwater front, water level decline, or subsidence in or from the aquifer drawn on by such well shall have the right to file an application to request the commissioner to declare that an area underlain by such aquifer is an area of groundwater concern. Such application shall contain a statement of facts, and supporting evidence substantiating the area may be an area of groundwater concern as defined in R.S. 38:3097.2. On the basis of the application, good management practices, and sound science, the commissioner shall either deny the request, in writing, or issue a draft order which describes the proposed boundaries of the area of groundwater concern. If the commissioner issues a draft order describing the proposed boundaries of the area, the commissioner shall hold at least one public hearing in the locality of the proposed boundaries. At least thirty days prior to holding the public hearing, the commissioner shall provide copies of the draft order to the House Committee on Natural Resources and Environment and to the Senate Committee on Natural Resources.
B. After holding hearings, the commissioner shall issue a written decision based on good management practices and scientifically sound data gathered from the application, the participants in the public hearing, and any other relevant information. If the commissioner has determined that an area of ground water concern exists, his decision shall be in the form of an order that shall describe the boundaries of the area which is determined to be an area of ground water concern. The order shall also contain a plan to preserve and manage the ground water resources in that area which may include but is not limited to the following:
(1) Educational and conservation programs.
(2) Incentives to reduce ground water use.
(3) If the commissioner designates an area a critical area of ground water concern, the order may restrict the amount of withdrawals by any or all users in the area. In determining restrictions on withdrawals, the commissioner shall consider the following:
(a) Ground water needed for human consumption and public health and safety shall have the highest priority.
(b) Uses other than human consumption and public health and safety shall have equal priority.
(c) Historical use.
(d) Ability, including economic ability, of a particular user to relocate to an alternative source of water.
(e) User's conservation efforts and actual reductions in water usage, taking into account historic ground water production.
Acts 2003, No. 49, §2, eff. July 1, 2003; Acts 2005, No. 225, §1, eff. June 29, 2005; Acts 2008, No. 580, §4.
NOTE: See Acts 2005, No. 225, §2, relative to pending and previous declarations.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3097.8. Semiannual reports regarding groundwater quality and saltwater intrusion

RS 38:3097.8 - Semiannual reports regarding groundwater quality and saltwater intrusion
A. On or before May first and November first every year, each ground water conservation district created by law or designated as a regional body, pursuant to R.S. 38:3097.4(D)(6), shall submit to the commissioner of conservation, the Water Resources Commission, the Water Management Advisory Task Force, the Senate Committee on Environmental Quality, and the House Committee on Natural Resources and Environment a written report detailing the district's ground water resources and the activities and actions taken with respect to each of the district's powers delineated by laws creating the district. The report shall also include but not be limited to the amount of water used for residential, commercial or industrial, or agricultural purposes, respectively; actual and projected saltwater intrusion or encroachment; and any current or projected sale of water for use outside of the state, including the amount of water so sold and the price paid by each out-of-state user.
B. For purposes of the semiannual report, the amount of water used for agricultural or industrial purposes may be estimated.
C. The commissioner shall promulgate a form with a checklist of the pertinent information required to be included in the semi-annual report.
D. The provisions of this Section shall not apply to the Sparta Groundwater Conservation District provided for in R.S. 38:3087.131 et seq.
Acts 2012, No. 790, §1, eff. June 13, 2012; Acts 2017, No. 425, §1; Acts 2018, No. 316, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3097.9. Ground water conservation district meetings

RS 38:3097.9 - Ground water conservation district meetings
Any governing authority of a ground water conservation district created by law or designated as a regional body, pursuant to R.S. 38:3097.4(D)(6), shall adhere to the Open Meetings Law, R.S. 42:11 et seq. Such governing authority shall issue public notice of meetings, including an agenda, at least twenty-four hours in advance. In addition, the public shall be provided the opportunity to comment on each item on the agenda and for general comments at the end of each meeting. Any such governing authority shall operate under Robert's Rules of Order and shall record and maintain minutes of each meeting. Any standing subcommittee created by such governing authority shall be composed only of members of the governing authority and the governing authority shall not establish ad hoc committees.
Acts 2017, No. 425, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3098.1. Qualifications for license

RS 38:3098.1 - Qualifications for license
In order to be licensed as a drilling contractor, as provided in R.S. 38:3098, in the state of Louisiana, the applicant must possess the following qualifications:
(1) Be at least eighteen years of age.
(2) Be of good moral character.
(3) Have a minimum of two years drilling experience.
(4) Demonstrate to the satisfaction of the office a reasonable knowledge of this Chapter and the rules and regulations adopted by the office under the provisions of this Chapter.
Acts 1980, No. 715, §1; Acts 1989, No. 31, §1, eff. June 15, 1989; Acts 2009, No. 437, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3098.2. Powers of the Department of Energy and Natural Resources, office of conservation resources

RS 38:3098.2 - Powers of the Department of Energy and Natural Resources, office of conservation resources
A. In carrying out the provisions of this Chapter, the office is empowered but not limited to do the following:
(1) Make reasonable rules and regulations for the purpose of carrying out the provisions of this Chapter as well as for the proper drilling and abandonment of wells and holes, excluding oil and gas wells.
(2) Prepare required forms and establish other procedures to govern the submission of applications, reports, and other information authorized to be sent to the office as required by this Chapter.
(3) Prepare and give reasonable oral or written examinations or both for license applicants.
(4) Deposit all fees in a special fund in the office of the state treasurer to be used for the implementation of this Chapter.
(5) Upon presenting valid identification as an inspector for the office, enter upon and be given access at reasonable times and under reasonable conditions to any premises for the purposes of inspecting water wells.
B. If the office finds that compliance with all the requirements of this Chapter would result in undue hardship, an exemption from any one or more of such requirements may be granted by the office to the extent necessary to ameliorate such undue hardship and to the extent such exemption can be granted without impairing the intent and purpose of this Chapter.
Acts 1980, No. 715, §1; Acts 1989, No. 31, §1, eff. June 15, 1989; Acts 2009, No. 437, §1, eff. Jan. 1, 2010; Acts 2023, No. 150, §12, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3098.3. Repealed by Acts 2009, No. 437, §2, eff. Jan. 1, 2010.

RS 38:3098.3 - Repealed by Acts 2009, No. 437, §2, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3098.4. Grounds for revoking license

RS 38:3098.4 - Grounds for revoking license
The grounds for revoking a well driller's license shall be as follows:
1. That he has intentionally made a material misstatement in the application for such license; or
2. That he has willfully violated any provisions of this Chapter; or
3. That he has obtained, or attempted to obtain, such license by fraud or misrepresentation; or
4. That he has been guilty of fraudulent or dishonest practices; or
5. That he has demonstrated lack of competence as a driller of water wells; or
6. That he has failed or refused to file reports as required under the provisions of this Chapter; or
7. That he has willfully and contumaciously refused to obey reasonable orders, rules, and regulations of the office.
Added by Acts 1980, No. 715, §1; Acts 2009, No. 437, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3098.5. Driller to keep records and file reports

RS 38:3098.5 - Driller to keep records and file reports
The driller shall keep accurate records on each water well drilled, including but not limited to its location, depth, character of rocks or formations drilled, fluids encountered, and such other reasonable information as the office may specify. Each driller shall, within thirty days after completion of each well, file a report containing such information in the office on forms provided by the office. A copy of this information shall be provided to the Louisiana Geological Survey by the office. However, no report or information shall be required to be filed with the office if the well is a driven well or if it is dug by the use of a hand auger.
Added by Acts 1980, No. 715, §1; Acts 1997, No. 239, §3; Acts 2009, No. 437, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3098.6. Advisory committee

RS 38:3098.6 - Advisory committee
A. The Department of Energy and Natural Resources is hereby authorized to appoint a committee to serve in an advisory capacity and to make recommendations for the regulation and control of water well drillers as defined in this Chapter. This advisory committee shall consist of the following members:
(1) The commissioner of conservation or his designee.
(2) The secretary of the Department of Energy and Natural Resources or his designee.
(3) The president of the Louisiana Engineering Society or his designee.
(4) The secretary of the Louisiana Department of Health or his designee.
(5) One representative of the United States Geological Survey.
(6) One domestic well driller selected by the governor from a list of three submitted by the Louisiana Ground Water Association.
(7) One municipal and industrial driller selected by the governor from a list of three submitted by the Louisiana Ground Water Association.
(8) One irrigation driller selected by the governor from a list of three submitted by the Louisiana Ground Water Association.
(9) Two drillers at large selected by the commissioner of conservation from the industry as a whole.
B. The first appointment of the domestic well driller and one at large driller shall be for one year; the first appointment of the irrigation well driller and one at large driller shall be for two years; the first appointment of the municipal and industrial driller shall be for three years; thereafter, all appointments shall be for four year terms.
C. The chairman and vice chairman shall be selected by the members of the committee.
D. The members who are public employees shall receive no pay or allowances for their attendance at meetings of the advisory committee. All other members of the advisory committee shall receive no salary or per diem but may be compensated for expenses actually incurred in official activities approved by the office out of funds derived from license fees collected under the provisions of this Chapter. Such compensation shall be based upon proof to the satisfaction of the office in accordance with policies adopted by the legislative auditor in such matters.
Added by Acts 1980, No. 715, §1; Acts 2009, No. 437, §1, eff. Jan. 1, 2010; Acts 2023, No. 150, §12, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3098.7. Penalties

RS 38:3098.7 - Penalties
A. Any person, firm, or corporation who engages in or follows the business or occupation, or advertises, holds itself out, or acts temporarily or otherwise as a well driller without having first secured the required license or renewal thereof, or who otherwise violates any provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars and not more than one thousand dollars within the discretion of the court; and each day in which such violation exists or continues shall constitute a separate offense.
B. In addition to the penalties prescribed herein, any person who violates any order of the office requiring described remedial action as set out elsewhere in this Chapter, which shall specify a time requirement for compliance with such order, shall be subject to a penalty not to exceed one hundred dollars for each day such noncompliance continues.
C. Repealed by Acts 2009, No. 437, §2, eff. Jan. 1, 2010.
Added by Acts 1980, No. 715, §1. Acts 1986, No. 390, §1; Acts 2009, No. 437, §§1, 2, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3098.8. Chapter supplementary to other laws and regulations

RS 38:3098.8 - Chapter supplementary to other laws and regulations
This Chapter shall be supplementary to laws, rules, and regulations of the state of Louisiana, or any of its political subdivisions, and of any other state agencies or commissions, except insofar as such conflict may exist.
Added by Acts 1980, No. 715, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3099.1. Repealed by Acts 2003, No. 49, §4, eff. July 1, 2003.

RS 38:3099.1 - Repealed by Acts 2003, No. 49, §4, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3099.2. Repealed by Acts 2003, No. 49, §4, eff. July 1, 2003.

RS 38:3099.2 - Repealed by Acts 2003, No. 49, §4, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3099.3. Repealed by Acts 2003, No. 49, §4, eff. July 1, 2003.

RS 38:3099.3 - Repealed by Acts 2003, No. 49, §4, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3099.4. Repealed by Acts 2003, No. 49, §4, eff. July 1, 2003.

RS 38:3099.4 - Repealed by Acts 2003, No. 49, §4, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3101. Definitions

RS 38:3101 - Definitions
When used in this Chapter:
(1) "Agency" means the state of Louisiana, its municipalities or parishes, or the agencies of any of them, including particularly, but not exclusively, the Department of Transportation and Development.
(2) "Person" means any individual, partnership, corporation or association.
(3) "Displaced person" means
(a) any person who, on or after the effective date of this chapter, moves from real property, or moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by an agency; and solely for the purposes of R.S. 38:3104(A) and (B) and R.S. 38:3103, as a result of the acquisition of or as the result of the written order of the acquiring agency to vacate other real property, on which such person conducts a business or farm operation, for such program or project; or
(b) any person who moves or discontinues his business or moves other personal property, or moves from his dwelling on or after the effective date of this chapter as the direct result of code enforcement, demolition or interim assistance activities, or a program of rehabilitation of buildings conducted pursuant to a governmental program.
(4) "Business" means any lawful activity, excepting a farm operation, conducted primarily--
(a) for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
(b) for the sale of services to the public;
(c) by a nonprofit organization; or
(d) solely for the purpose of R.S. 38:3104(A), for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.
(5) "Farm operation" shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971. Amended by Acts 1972, No. 207, §1; Acts 1977, No. 216, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3102. Administration of relocation assistance programs

RS 38:3102 - Administration of relocation assistance programs
In order to prevent unnecessary expenses and duplication of functions, the agency may make relocation payments or provide relocation assistance or otherwise carry out the functions required under this Chapter by utilizing the facilities, personnel, and services of any other federal, state or local governmental agency having an established organization for conducting relocation assistance programs.
Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3103. Relocation services

RS 38:3103 - Relocation services
The agency may provide a relocation advisory assistance program which may include such measures, facilities, or services as may be necessary or appropriate in order:
(1) To determine the needs, if any, of displaced persons for relocation assistance;
(2) To assure that, within a reasonable period of time, prior to displacement there will be available, to the extent that can be reasonably accomplished, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, housing meeting the standards established by the agency head for decent, safe, and sanitary dwellings, equal in number to the number of, and available to, such displaced persons and reasonably accessible to their places of employment; except that the agency head may prescribe by regulation for instances where such requirements may be waived.
(3) To assist a displaced person displaced from his business or farm operation in obtaining and becoming established in suitable replacement locations;
(4) To supply current and continuing information concerning the Federal Housing Administration home acquisition program under Section 221(d)(2) of the National Housing Act,1 the small business disaster loan program under Section 7(b)(3) of the Small Business Act,2 and other programs of this State or the Federal Government, and information concerning availability, prices and rentals of comparable housing and commercial properties.
Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
112 U.S.C.A. §1715 L (d)(2).
215 U.S.C.A. §636(b)(3).
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3104. Relocation payments

RS 38:3104 - Relocation payments
A. Payments for actual expenses: As part of the cost of construction the agency may compensate a displaced person for:
(1) his actual and reasonable expenses in moving himself, his family, his business, or his farm operation, or other personal property.
(2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the agency and
(3) actual reasonable expenses in searching for a replacement business or farm.
B. Alternative payments (dwellings): In the alternative the agency may pay to any displaced person, who moves from a dwelling who elects to accept the payments authorized by this subsection in lieu of the payments authorized by Subsection (A) of this section:
(1) A moving expense allowance, determined according to a schedule established by the head of the agency not to exceed three hundred dollars;
(2) A dislocation allowance in the amount of two hundred dollars.
C. Alternative payments (business and farm operations): In the alternative, the agency may pay to any displaced person, who moves or discontinues his business or farm operations, who elects to accept the payment authorized by this section in lieu of the payment authorized by Subsection (A) of this section, a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, but not less than twenty-five hundred dollars nor more than ten thousand dollars. In the case of a business, no payment shall be made under this subsection unless the agency is satisfied that the business (a) cannot be relocated without a substantial loss of its existing patronage, and (b) is not part of a commercial enterprise having at least one other establishment, not being acquired by the state or by the United States, which is engaged in the same or similar business. For purposes of this subsection, the term "average annual net earnings" means one-half of any net earnings of the business or farm operation, before federal and state income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired for such project, or during such other period as the head of the agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such two year periods. To be eligible for the payment authorized by this subsection, the business or farm operation must make its federal and state income tax returns available and its financial statements and accounting records available for audit for confidential use to determine the payment authorized by this subsection.
Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3106. Expenses incidental to transfer of property

RS 38:3106 - Expenses incidental to transfer of property
A. In addition to amount otherwise authorized by this Chapter, the agency may reimburse the owner of real property acquired for a project for reasonable and necessary expenses incurred for penalty costs for prepayment of any mortgage entered into in good faith encumbering such real property if such mortgage is on record or has been filed for record as provided by law on the date of approval by the head of the agency of the location of such project.
B. No payment received under this Chapter shall be considered as income for purposes of the state income tax law; nor shall such payments be considered as income or resources to any recipient of public assistance and such payment shall not be deducted from the amount of aid to which the recipient would otherwise be entitled to under the state welfare act.
Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3107. Delegation of authority to adopt rules and regulations

RS 38:3107 - Delegation of authority to adopt rules and regulations
The agency head is authorized to adopt such rules and regulations as he deems necessary and appropriate to carry out provisions of this Chapter. The agency head is authorized and empowered to adopt all or any part of applicable federal rules and regulations which are necessary or desirable to implement this Chapter. Such rules and regulations may include, but not be limited to, provisions relating to:
(A) Payments authorized by this Chapter to assure that such payments shall be fair and reasonable and as uniform as possible.
(B) Prompt payment after a move to displaced persons who make proper application and are entitled to payment, or, in hardship cases, payment in advance.
(C) Moving expense allowances as provided for in R.S. 38:3104(A) and (B).
(D) Standards for decent, safe, and sanitary dwellings.
(E) Eligibility of displaced persons for relocation assistance payments, the procedure for such persons to claim such payments, and the amount thereof.
(F) Procedure for an aggrieved displaced person to have his determination of eligibility or amount of payment reviewed by the head of the agency.
Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3108. Eminent domain

RS 38:3108 - Eminent domain
Nothing contained in this chapter shall be construed as creating, in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence on the date of enactment of this Chapter. Any payments herein authorized are gratuities and are vested in the discretion of the agency head.
Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3109. Fund availability

RS 38:3109 - Fund availability
Funds dedicated, appropriated or otherwise available to any state agency or unit of local government for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this Chapter as applied to that program or project.
Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3110. Last resort housing

RS 38:3110 - Last resort housing
In the event that, in the vicinity of any state or local project, comparable, decent, safe and sanitary housing is not available to enable replacement of housing as contemplated by R.S. 38:3105, for whatever reason, then the agency constructing the project may use any method practicable to provide adequate housing, including, but not limited to, payment for the benefit of the displaced person in excess of the sums specified by R.S. 38:3105, acquisition of land and construction of housing, or other methods permitted under federal laws and regulations. This Section shall have both retroactive and prospective effect and shall be interpreted liberally to accomplish the desired result of providing the needed housing.
Added by Acts 1979, No. 369, §1, eff. July 10, 1979. Amended by Acts 1982, No. 230, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3302. Board of commissioners

RS 38:3302 - Board of commissioners
The management and control of the district shall be vested in a board of commissioners for the Amite River Basin Drainage and Water Conservation District. The board shall have the authority to establish adequate drainage, flood control, and water resources development to include but not be limited to construction of reservoirs, diversion canals, gravity and pumped drainage systems, and other flood control works. The board of commissioners shall comprehensively manage the district as a single system.
Added by Acts 1981, No. 896, §1. Acts 1984, No. 907, §1; Acts 2022, No. 490, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3303. Appointment and term of commissioners

RS 38:3303 - Appointment and term of commissioners
A. The board of commissioners shall be composed of sixteen members.
B.(1) Seven members shall be the parish presidents representing the parishes making up the district, or their designee, and shall serve ex officio without appointment.
(2) One member shall be the executive director of the Coastal Protection and Restoration Authority, or his designee, one member shall be the secretary of the Department of Transportation and Development, or his designee, and one member shall be the executive director of the Pontchartrain Levee District Board of Commissioners, or his designee, all serving in a nonvoting advisory role.
C.(1) The remaining six members shall serve at large and shall be appointed by the governor, subject to Senate confirmation, from nominations submitted by the representatives and senators whose districts include any portion of the district.
(2) Priority shall be given to nominees that reside in the district or any parish within it; however, district or parish residency is not required.
(3)(a) Each legislator within the district may nominate up to two persons meeting the qualification requirements per vacant position.
(b) If no nominees meeting the qualification requirements are submitted for a seat, the governor may choose his own.
D. At-large commissioners shall serve a term of four years, staggered with three positions expiring every two years. Initial terms shall be two years for three commissioners and four years for three commissioners, chosen by lot. The existing board shall terminate effective January first following enactment of this Act.
E. All six commissioners-at-large shall have at least seven years of professional experience in their discipline, of which at least four shall be engineers, project managers, certified floodplain managers, or professionals in a drainage-related field such as geotechnical, hydrological, or environmental science. Parish commissioner designees are encouraged to be, but need not be, professionals as provided for in this Subsection.
F. Appointment of, or voting by, public servants to the board of commissioners shall not constitute violation of the dual officeholding and dual employment law, R.S. 42:61 et seq., or the Code of Governmental Ethics, R.S. 42:1101 et seq., but such persons shall not vote on any matter in which they have a personal financial interest other than as a resident of the district.
Added by Acts 1981, No. 896, §1. Amended by Acts 1982, No. 111, §1; Acts 1983, 1st Ex. Sess., No. 12, §§1, 2, eff. Jan. 19, 1983; Acts 1984, No. 907, §1; Acts 2022, No. 490, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3304. Meetings of board; quorum; officers; removal of commissioners; salaries and expenses; requirements; frequency and location

RS 38:3304 - Meetings of board; quorum; officers; removal of commissioners; salaries and expenses; requirements; frequency and location
A. A majority of the commissioners shall constitute a quorum to do business. They shall organize and elect a president and a vice president from their members and such other officers as the board deems necessary. They shall appoint a secretary and an attorney. The salary of the secretary shall be fixed by the board.
B. In case of the death, resignation, absence, inability, or failure to act of the president, the secretary shall call the board together and the board shall appoint one of their number to serve as acting president, and he shall perform all the duties of president. In case of neglect of duty by any commissioner, or of his failure, without good cause, to attend regular meetings for three times successively, the governor, on request of the board, shall remove the commissioner and appoint his successor. The commissioners may fix the per diem of the members appointed by the governor, however, the per diem of each member shall not exceed seventy-five percent of the rate allowable for per diem deductions pursuant to 26 U.S.C. 162(h)(1)(B)(ii) during the time such member is in actual attendance upon the board or performing duties authorized by the board. Such per diem shall be payable for a maximum of twenty-four days per year, except if an emergency is declared by the governor, during the period of such emergency as determined by the governor, the board shall be authorized to hold as many meetings or emergency activities as the board deems necessary and the members shall be paid per diem for such meetings or activities. The board shall provide at least two weeks notice to the public of its intent to vote on whether or not to fix the per diem of its members above sixty dollars.
C.(1) The board shall adhere to the Open Meetings Law, R.S. 42:11 et seq. The board shall operate under Robert's Rules of Order.
(2) The board shall designate the time and select the place for holding its regular sessions, which may be convened at any time upon call of the president or upon call of two of the commissioners, but the board shall meet at least quarterly. All meetings of the board shall be held at a meeting space located in a public building and open to the public for the purposes of the meetings. The location of the meetings shall be rotated among public buildings in Ascension, East Baton Rouge, and Livingston parishes.
(3) The board shall post agendas for all meetings on its website at least twenty-four hours prior to meetings. The board shall stream all district meetings live on the internet.
Added by Acts 1981, No. 896, §1. Acts 1983, 1st Ex. Sess., No. 12, §1, eff. Jan. 19, 1983; Acts 1984, No. 907, §1; Acts 2015, No. 423, §1; Acts 2018, No. 421, §1; Acts 2022, No. 490, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3305. Department of Transportation and Development, Coastal Protection and Restoration Authority, and the Pontchartrain Levee District to advise board

RS 38:3305 - Department of Transportation and Development, Coastal Protection and Restoration Authority, and the Pontchartrain Levee District to advise board
The Department of Transportation and Development, the Coastal Protection and Restoration Authority, and the Pontchartrain Levee District shall, upon request, advise the board as to the progress and status of adequate drainage, flood control, and water resources development which shall include but is not limited to construction of reservoirs, diversion canals, gravity and pumped drainage systems, and other flood control wear of the district. The Department of Transportation and Development, the Coastal Protection and Restoration Authority, and the Pontchartrain Levee District shall furnish estimates and specifications and perform all engineering work required of them by the board. The board may request technical assistance on issues other than those already required under this Section from the Department of Transportation and Development. The board may request technical assistance from the Coastal Protection and Restoration Authority regardless of whether the area affected is inside the coastal area as defined in R.S. 49:214.2. The board may request technical assistance from the Pontchartrain Levee District regardless of whether the area affected is within the boundaries of the Pontchartrain Levee District as defined in R.S. 38:291(L)(1). The Coastal Protection and Restoration Authority and the Pontchartrain Levee District retain the right to be reimbursed for the reasonable cost of its assistance.
Acts 1991, No. 325, §1; Acts 2022, No. 490, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3307. Corporate status and powers of board; domicile; evidence of acts and proceedings; deposit of funds; warrants

RS 38:3307 - Corporate status and powers of board; domicile; evidence of acts and proceedings; deposit of funds; warrants
A. The board of commissioners shall, in addition to the powers herein conferred, be constituted a body politic or a political corporation vested with the powers inherent in political corporations.
B. It may sue and be sued under the style of Board of Commissioners for the Amite River Basin Drainage and Water Conservation District. All process against the corporation shall be served on the president or secretary, and all suits in behalf of the board shall be brought by the president. The board shall, at its first regular meeting, elect a domicile for the purpose of being sued and keeping its office and archives, and service of process shall be made upon the president or upon the secretary of the board in person.
C. The board may buy and sell property, make and execute all contracts, and do and perform all things necessary to carry out the objects of this Chapter, subject to the limitations and duties herein provided. Notwithstanding any provision of law to the contrary, parishes, municipalities, drainage districts, levee districts, and other political subdivisions in the district may transfer or donate funds to the board, and the board may accept such funds. Notwithstanding any provision of law to the contrary, the board may contract with the federal government, the state, or any other public or private entity to receive and expend funds and perform projects or plans for watershed management.
D. The board shall have a corporate seal, and copies of all the regulations and copies of proceedings of the board certified to by its secretary, under its corporate seal, shall be received in all courts as prima facie evidence of the acts and proceedings of the board. All funds of the board shall be deposited in an account to the credit of the district, and all warrants shall be drawn thereon by the president, attested to by the secretary and seal of the board, and shall specify the indebtedness the warrants are intended to liquidate, in part or in whole.
E. The board shall identify and consider to what extent matters regarding an agreement with the state of Mississippi relative to watershed management and how it may be beneficial to management of the basin in Louisiana, and subject to approval of the governor, the board may contract with the state of Mississippi for such purposes including for doing projects.
Added by Acts 1981, No. 896, §1. Acts 1984, No. 907, §1; Acts 2022, No. 490, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3308. Authority to issue bonds

RS 38:3308 - Authority to issue bonds
The Amite River Basin Drainage and Water Conservation District shall have authority to issue bonds or other evidences of indebtedness in the manner provided by Part III and Part IV of Chapter 4 of this Title.
Added by Acts 1981, No. 896, §1. Acts 1984, No. 907, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3309. Authority to levy

RS 38:3309 - Authority to levy
For the purpose of providing revenue to carry out the objects contemplated by this Chapter, the board of commissioners may levy on all property in the district, or on all property within the Comite River Diversion Canal Impact Area, subject to taxation for drainage purposes, a district drainage tax. The tax shall not be levied unless the proposition to levy the tax is approved by a majority of the electors of the district, or by a majority of the electors of the Comite River Diversion Canal Impact Area if limited to such area, who vote on the proposition.
HCR NO. 1, 1989 R.S.; Acts 1989, 2nd Ex. Sess., No. 1, §1, eff. July 14, 1989; Acts 1999, No. 1045, §1, eff. July 1, 1999; Acts 2022, No. 490, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3321. Creation; boundaries

RS 38:3321 - Creation; boundaries
The Acadiana Watershed District, referred to in this Chapter as the "district", is hereby created. The district shall lie within the Atchafalaya, Mermentau, Mermentau Headwaters, Teche, and Vermilion watersheds, situated in the parishes of Acadia, Allen, Avoyelles, Calcasieu, Cameron, Evangeline, Iberia, Iberville, Jefferson Davis, Lafayette, Pointe Coupee, Rapides, St. Landry, St. Martin, St. Mary, and Vermilion. The district boundaries within those parishes shall be aligned with the geographic area composed of Hydrologic Unit Subbasins 08080101, 08080102, 08080103, 08080201, and 08080202, as defined by the United States Geological Survey Watershed Boundary Dataset as of August 1, 2023. The Louisiana Watershed Flood Center at the University of Louisiana at Lafayette, in consultation with the office of state lands and the Coastal Protection and Restoration Authority, shall submit to the legislature a detailed legal description of the Acadiana Watershed District boundaries by January 1, 2024.
Acts 2023, No. 323, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3322. Purpose

RS 38:3322 - Purpose
The purpose of the district shall be to:
(1) Participate in any activity designed and conducted to promote drainage and flood-risk reduction within the boundaries of the district.
(2) Promote and support a unified effort to address drainage and flood issues in the region in cooperation with local, state, and federal agencies.
(3) Identify local public sources of revenue or expenditure that may be used to draw down federal matching funds for the provision of drainage projects to reduce flood risk.
(4) Cooperate with local, state, and federal entities engaged in planning and construction of drainage and flood reduction and mitigation projects in the state and region.
(5) Cooperate with local and state entities engaged in establishing best practice development standards for flood-risk reduction and mitigation in the region.
Acts 2023, No. 323, §1.