reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3473. Priority list of projects; public hearings; final program

RS 34:3473 - Priority list of projects; public hearings; final program
Each quarter, the office shall prepare and furnish to the joint committee a prioritized list of projects based on the applications received by the office during that quarter. The joint committee shall receive the prioritized list of projects from the office for each of the first three quarters of the year, and shall call a public hearing within thirty days of receiving the list in order to receive public testimony regarding any project on the list. At such hearing, the joint committee shall vote to either accept, reject, or modify the list. Each quarter, the office shall reprioritize the list of projects to reflect the cumulative list of projects recommended by the office. After application recommendations for the last quarter are made by the office, the office shall submit the final waterway dredging and deepening priority program for the ensuing fiscal year to the joint committee for approval. Prior to the convening of the regular session of the legislature, the joint committee shall hold a public hearing for the purpose of reviewing the final program for the ensuing fiscal year. Prior to such hearing, the office shall publish the appropriate official notice on the department's website. The final program shall be based upon the anticipated revenues to be appropriated by the legislature or other funding obligation authority and the projects shall be listed in order of priority. When this final construction program is presented to the legislature for funding or funding obligation authority for the ensuing fiscal year, the legislature shall not add any projects to this final construction program. Any project recommended by the office and approved by the joint committee for which funds are unavailable in the fiscal year but for which it was approved shall remain on the prioritized list of projects and shall be carried forward to the next fiscal year.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3474. Supplemental list of projects

RS 34:3474 - Supplemental list of projects
The office also shall provide to the joint committee annually a supplemental list of projects proposed to be commenced or authorized within the ensuing four years which are in various stages of planning and preparation. The supplemental list shall be subject to change by the office until the office finally approves each project.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3475. Projects undertaken by the office

RS 34:3475 - Projects undertaken by the office
A. After adoption of the office's recommendations by the joint committee, the approved list of projects shall be forwarded to the office for implementation. The approved list shall be implemented by the office by the use of funds appropriated, funding obligation authority, or pursuant to the cash management program as provided by R.S. 48:251(D). Funding or funding obligation authority shall be allocated to projects in accordance with the prioritized list of projects approved by the joint committee. Funding obligation authority may be granted or authorized for a project from funds appropriated or obligated for another project or projects within the Waterway Dredging and Deepening Priority Program provided that such authority does not impede such project or projects. Such funding obligation authority shall be extinguished for a project at such time as funds are made available for obligation for the project. The office shall not delete, add, or substitute any projects for those approved by the joint committee, except as provided in R.S. 34:3476.
B. No waterway project shall be undertaken by the office except those included in the approved program listing which are funded or which have funding obligation authority for that fiscal year.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3476. Commencement of projects; substitutions

RS 34:3476 - Commencement of projects; substitutions
The projects planned for the year for which appropriations have been made or which have funding obligation authority shall be commenced in that year; however, if a project cannot be commenced within the year for which it is authorized, the commissioner of the office of multimodal commerce shall file with the project records a public statement as to the factors causing the delay. Projects which have been funded or which have obligation authority shall retain such funding or authority until the project is completed and the project costs are liquidated.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3477. Allocation, reallocation of funds; deposit to Dredging and Deepening Fund

RS 34:3477 - Allocation, reallocation of funds; deposit to Dredging and Deepening Fund
A. The Dredging and Deepening Fund is hereby created within the state treasury and shall be a source of state funds in addition to capital outlay projects, the general fund, and other sources, provided for any waterway project on the priority list approved pursuant to the provisions of this Chapter.
B. Prior to the commencement of any work, the office shall require the presiding officer of each governmental entity involved in a project to execute an agreement and statement of sponsorship to provide no less than a ten percent local match for the cost of the project.
C. A sponsoring authority may make application under the provisions of this Chapter to receive a portion of the funds required to participate in a federal matching program.
D. Any monies allocated for any project not needed for said project may be reallocated for the completion of any other project or projects specified. Any monies not needed for the completion of said projects shall be deposited in and credited to the Dredging and Deepening Fund.
E. The sources of monies deposited into the fund shall be legislative appropriations and grants, gifts, and donations received by the state for the purposes of this Chapter. Monies in the fund shall be subject to appropriation by the legislature and shall be available exclusively for waterway projects. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. Such monies shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned shall be credited to the fund following compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3478. Preparation of plans and specifications; letting of bids for construction; supervision of construction

RS 34:3478 - Preparation of plans and specifications; letting of bids for construction; supervision of construction
The port authority shall be responsible for the preparation of plans and specifications for their respective project. The port authority shall also be responsible for the letting of bids, the public advertising, and the supervision of work for all projects, all in accordance with the provisions of this Chapter.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3479. Inspection

RS 34:3479 - Inspection
A. The office shall approve the engineering and construction plans for any proposed projects that are prepared by consultant or contract engineers for any recipient governmental entity. The office may inspect the construction of a project at any time to assure project compliance.
B. The office shall inspect a completed project with the consultant or contract engineer. The engineer shall certify that construction is in accordance with plans and specifications. The office may inspect a completed project at any time to assure that the project is being maintained in accordance with project specifications and agreements.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3480. System of administration

RS 34:3480 - System of administration
Each governmental entity shall adopt a system of administration which shall require approval of the office for any expenditures made out of state and local matching funds, and no governmental entity shall expend any funds on an approved project without the approval of the office. Each governmental entity shall adopt a system of administration which shall include the development of a capital improvement program on a selective basis, centralized purchasing of equipment and supplies, centralized accounting, and selective maintenance and construction based upon engineering plans and inspections. All contracts for materials, construction, or services shall be advertised and awarded to the lowest responsible bidder in accordance with the provisions of R.S. 38:2212.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3481. Audit of distribution to recipient governmental entities

RS 34:3481 - Audit of distribution to recipient governmental entities
The state monies distributed to the governmental entity and the local matching funds shall be audited by the legislative auditor or a certified public accountant at least biennially pursuant to R.S. 24:513(A) and shall issue and distribute all audit reports pursuant to R.S. 24:516(A). To the extent that funds available to the legislative auditor permit, the audits of each recipient governmental entity of the use of the monies shall include an investigation of any failure to comply with the recommendations for planning, design, and construction adopted by the office. The recipient governmental entity shall certify annually to the legislative auditor that the funds made available under this Chapter have been expended in accordance with the standards established by law.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3482. Report of any misuse of funds

RS 34:3482 - Report of any misuse of funds
If the legislative auditor determines that any expenditures by the recipient governmental entity have not been made in accordance with this Chapter, he shall promptly report the facts of such expenditure to the Legislative Audit Advisory Council. The council shall make further investigation of the matter as it deems necessary.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3491. Object; purpose of Chapter

RS 34:3491 - Object; purpose of Chapter
It is the object and purpose of this Chapter to provide for the creation of a political subdivision of the state of Louisiana, possessing full corporate powers, known as the Louisiana International Deep Water Gulf Transfer Terminal Authority, hereinafter referred to as the "authority," to promote, plan, finance, develop, construct, control, license, regulate, supervise, operate, manage, maintain, and modify deepwater terminal facilities to be constructed within the jurisdiction of said authority after July 1, 2008, in order to position Louisiana as an international hub for cargo ships, including super-sized cargo ships.
Acts 2008, No. 699, §1, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3494. Board of commissioners; qualifications; term; vacancies; compensation

RS 34:3494 - Board of commissioners; qualifications; term; vacancies; compensation
A. The authority shall be governed by a board of nine commissioners, consisting of the secretary of the Department of Economic Development and the secretary of the Department of Transportation and Development, or their designees; five commissioners appointed by the governor to be chosen on the basis of their demonstrated experience in maritime or business leadership, or both, and their stature and ability to act effectively for the best interests of Louisiana as provided in Paragraph (B)(1) of this Section; and two commissioners, who are members of the legislature, serving as provided in Paragraph (B)(2) of this Section. The appointed commissioners shall not be appointed or elected commissioners or board members of any other Louisiana port.
B.(1) Commissioners shall be chosen as follows:
(a) One member selected from a list of three nominees submitted by the Ports Association of Louisiana.
(b) One member selected from a list of three nominees submitted by the Louisiana Association of Business and Industry.
(c) One member at large.
(d) One member selected by the American Federation of Labor-Congress of Industrial Organizations.
(e) One member selected from a list of two nominees, with the Louisiana River Pilots' Association and the Louisiana Maritime Association each submitting one nominee.
(2)(a) One member shall be the senator who represents the district where the project is located or his designee. The senator's term on the board shall run concurrent with his term in office.
(b) One member shall be the representative who represents the district where the project is located or his designee. The representative's term on the board shall run concurrent with his term in office.
(3) Except as otherwise provided in Paragraph (2) of this Subsection, the commissioners appointed shall be appointed for terms of six years. A member shall serve until his successor is appointed unless removed as provided for in Paragraph (C)(1) of this Section. A commissioner may be reappointed, but no commissioner shall serve more than two consecutive terms.
C.(1) Each appointment by the governor shall be submitted to the Senate for confirmation and may be removed by the governor with cause at his discretion.
(2) All vacancies shall be filled in the same manner and the appointee shall have the proper qualifications.
D. The members of the board of commissioners shall serve without compensation but shall be reimbursed for travel expenses incurred in attending meetings or performing duties authorized by the board of commissioners at rates and standards as promulgated by the division of administration.
Acts 2008, No. 699, §1, eff. July 1, 2008; Acts 2009, No. 237, §1; Acts 2012, No. 775, §§1, 2, eff. June 12, 2012; Acts 2020, 2nd Ex. Sess., No. 51, §1, eff. Nov. 5, 2020.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3495. Duties of board; officers; rules; meetings; quorum

RS 34:3495 - Duties of board; officers; rules; meetings; quorum
A. The board of commissioners shall be the governing body of the authority with full power to promulgate rules and regulations for the maintenance and operation of the authority but may defer certain matters to the executive board provided for in Subsection C of this Section for consideration and action. Any action taken by the executive board shall be ratified by the board of commissioners.
B. The board of commissioners shall formulate general policy. It shall decide upon all matters relating to the authority development program. It shall adopt an annual report, presenting in detail the operations of the board for the preceding fiscal year, ending June thirtieth, and such other statistical and financial data as may be requisite to show the nature, extent and results of the operations of the board.
C. The commissioners shall elect a president, a vice president, a secretary, and a treasurer from among the members of the board of commissioners to serve for a term of two years and shall constitute the executive board.
D. The executive director shall be chosen by the board of commissioners.
E. The board of commissioners shall prescribe its own rules, which shall be adopted and promulgated.
F. The board of commissioners or the executive board shall meet at least once every ninety days, or upon the written request of three members, or upon the written request of the president. The board may, upon the affirmative vote of a majority of its members, extend the ninety-day time interval between regular meetings.
G. All matters to be acted upon by the board of commissioners or the executive board shall require the affirmative vote of a majority of the board, with the exception that the affirmative vote of not less than six commissioners shall be required to select the executive director.
Acts 2008, No. 699, §1, eff. July 1, 2008; Acts 2009, No. 237, §1; Acts 2014, No. 471, §1, eff. June 4, 2014; Acts 2020, 2nd Ex. Sess., No. 51, §1, eff. Nov. 5, 2020.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3496. Annual reports; budget unit; funding limitation

RS 34:3496 - Annual reports; budget unit; funding limitation
A. The board of commissioners shall make an annual report to the governor and the House and Senate committees on transportation, highways, and public works not later than February first of each year. The report shall include a summary of the authority's progress since its inception, the board's plans in the coming year to advance the authority's development program, and a financial report.
B. The authority shall comply with the Louisiana Local Government Budget Act.
C. Notwithstanding any other law to the contrary, no construction or development project of the authority, or related to the authority, shall be eligible for inclusion in, and the authority shall receive no funds from, the Port Construction and Development Priority Program provided for in Chapter 47 of this Title, R.S. 34:3451 et seq.
D. The board of commissioners shall annually submit the budget of the authority for review to the Joint Legislative Committee on the Budget.
Acts 2008, No. 699, §1, eff. July 1, 2008; Acts 2020, 2nd Ex. Sess., No. 51, §1, eff. Nov. 5, 2020.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3497. Executive director; selection; duties; employees; compensation

RS 34:3497 - Executive director; selection; duties; employees; compensation
A. The board of commissioners shall select an executive director who shall exercise control over all executive functions and the general operation of the authority. The executive director may employ on a contract basis such other agents, employees, and professional employees, permanent and temporary, as he may require and shall determine their qualifications, duties, and compensation. 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's board.
B. The executive director, in addition to his usual functions, shall be secretary to the board of commissioners. The board of commissioners shall fix the compensation of the executive director.
Acts 2008, No. 699, §1, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3498. Acquisition of sites; lease of state-owned lands and water bottoms

RS 34:3498 - Acquisition of sites; lease of state-owned lands and water bottoms
A. To enable the authority to perform the work herein provided, the state of Louisiana, acting by and through the commissioner of administration as register of state lands, is hereby authorized to grant to the authority a lease on state-owned lands and water bottoms which are requested by the authority as sites for terminal facilities if approved by the House and Senate committees on transportation, highways, and public works. The mineral rights on any and all state lands shall be reserved to the state of Louisiana.
B. The register of state lands shall lease the selected tracts to the authority for one dollar per acre per annum.
C. All such leases shall be for a term of not more than ninety-nine 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 authority of the State Mineral and Energy Board and Louisiana Wildlife and Fisheries Commission to lease for such purposes.
Acts 2008, No. 699, §1, eff. July 1, 2008; Acts 2009, No. 196, §3, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3499.1. Audit and inspection of records

RS 34:3499.1 - Audit and inspection of records
A. Any contract, agreement, memorandum of understanding, or cooperative endeavor agreement entered into in order to carry out the purposes of this Chapter by the authority with any other party, whether public or private, shall require the contracting party to tender their annual financial audit, including all documents required to be submitted to federal regulators, to the authority for each year the agreement is in effect.
B. Any party to a contract listed in Subsection A of this Section shall allow the legislative auditor, the legislative auditor's authorized representatives, and the state of Louisiana, independently and with or through the authority, to inspect and audit all data and financial records of the contracting party related to its performance with respect to the contract, in accordance with the provisions set forth in R.S. 24:513 et seq.
C. The rights of inspection and audit set forth in this Section shall commence as of the date of the contract and shall continue until four years have elapsed from the date the contract is terminated.
Acts 2014, No. 471, §1, eff. June 4, 2014.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3499.2. Port facility and infrastructure records

RS 34:3499.2 - Port facility and infrastructure records
A. Notwithstanding any other provision of law to the contrary, blueprints, floor plans, and renderings of the interior of a port facility or of a facility on port property and blueprints, plans, or renderings of port infrastructure shall be confidential and shall not be subject to inspection, examination, copying, or reproduction pursuant to the Public Records Law.
B. Nothing in this Section shall prohibit the disclosure of a blueprint, floor plan, or other rendering of the interior of a port facility or of a facility on port property or a blueprint, plan, or rendering of port infrastructure to appropriate persons, if such disclosure is necessary or required for any of the following:
(1) To protect the health, safety, and welfare of the public.
(2) To provide or procure security, services, or concessions in and around the port and its facilities.
(3) To use as part of a public bid or request for proposal process or to accomplish construction maintenance, repairs, or development.
(4) To facilitate interactions with a federal, state, or local governmental entity.
Acts 2022, No. 729, §1, eff. June 20, 2022.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3500. Protection of deepwater ports and pre-existing offshore terminals

RS 34:3500 - Protection of deepwater ports and pre-existing offshore terminals
A. To prevent impairment of the bonds of the seven deepwater ports as defined in Article VI, Section 43 of the Constitution of Louisiana, other non-deepwater ports, harbors, and related authorities, and the deepwater terminal facility of the offshore terminal authority, 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 of 1921, and Article VI, Section 43 of the Constitution of Louisiana, the offshore terminal authority, and other non-deepwater ports, harbors, and related authorities established by specific constitutional provision or by state law 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, with the offshore terminal authority, or with any other parish, city, municipality, or subdivision of the state, and may engage jointly in the exercise of any power or the making of any improvements which each of the participating authorities may exercise or undertake individually under any provision of general or special law.
Acts 2008, No. 699, §1, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3501. Purchases

RS 34:3501 - Purchases
The authority may purchase machinery and equipment related to the operation of deep draft vessels and intermodal terminal facilities including but not limited to container cranes. The provisions of Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, R.S. 38:2211 et seq., shall not be applicable to purchases made with nonstate funds.
Acts 2008, No. 699, §1, eff. July 1, 2008; Acts 2020, 2nd Ex. Sess., No. 55, §1, eff. Nov. 5, 2020.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3504. Issuance and transfer of licenses

RS 34:3504 - Issuance and transfer of licenses
A. No person shall construct or operate, or cause to be constructed or operated, terminal facilities after July 1, 2008, 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 ensure 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 established by the authority.
F. Rules, regulations, and procedures pursuant to the provisions of this Section shall be adopted and promulgated, but shall be subject to prior approval by the House and Senate committees on transportation, highways, and public works.
Acts 2008, No. 699, §1, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3505. Remedies and enforcement

RS 34:3505 - 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 board of commissioners or 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 a 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, and such affirmative action as may be appropriate.
(3) In the event that the authority should 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 any 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.
Acts 2008, No. 699, §1, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3506. Coordination and cooperation

RS 34:3506 - 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 with 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 board of commissioners shall take affirmative steps to ensure that the authority development program develops programs for, or 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 or related to the facility 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.
C. The board of commissioners 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.
D. All ships and vessels inward or outward bound to and from the authority's facilities shall have a state commissioned pilot on board from the boarding position three miles off the Southwest Pass Sea Buoy to the terminal location. The pilots whose duty it shall be to pilot all vessels into and out of such facility shall be the Associated Branch Pilots of the Port of New Orleans.
Acts 2008, No. 699, §1, eff. July 1, 2008; Acts 2009, No. 237, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3521. Additional rights and powers

RS 34:3521 - Additional rights and powers
A. In addition to any other authority or power granted by law, the board of commissioners for a port authority in Natchitoches Parish shall have authority to make and enter into contracts, leases, and other agreements with railroads, trucking companies, bargelines, and with any and all companies interested in the transportation, storage, and shipping of goods and other products, whether by rail, truckline, bargeline, or otherwise, for the use of facilities administered by the commission or any part or portion thereof for a period of time not exceeding ninety-nine years. However, no exclusive franchise shall be granted to any carrier.
B. The commission shall also have the authority to sell, lease, or otherwise dispose of, by suitable and appropriate contract, to any enterprise locating or existing within its port area, all or any part of an industrial plant site, industrial plant building, or other property owned by the commission, subject only to the requirements of this Chapter. In determining the consideration for any contract to lease, sell, or otherwise dispose of lands, buildings, or other property of the commission, it may take into consideration the value of the lands, buildings, or other properties involved as well as the potential value of the economic impact of the industrial or business enterprise being induced to locate or expand within the port area. Such economic impact shall include increased employment, increased use of local labor, wages and salaries to be paid, consumption of local materials, products and resources and special tax revenues to be generated by the industrial or business enterprise acquiring or leasing lands, buildings, or other property from the commission. Any lease may be for a term not exceeding ninety-nine years and may contain an option to purchase by the lessee.
C. The resolution or ordinance adopted by the commission authorizing any lease, sale, or other disposition of lands, buildings, or other property of the commission shall set forth, in a general way, the terms of the authorized lease, sale, or other disposition, and such resolution or ordinance shall be published as soon as possible in one issue of the official journal of the commission. For a period of thirty days from the date of publication of any such resolution or ordinance, any interested person may contest the legality of such resolution or ordinance or the validity of the authorized lease, sale, or other disposition of commission property, after which time, no one shall have any cause of action to contest the legality of the resolution or ordinance or to draw in question the legality of the authorized lease, sale, or other disposition of commission property for any cause whatsoever, and it shall be conclusively presumed thereafter 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.
Acts 2008, No. 870, §1; Acts 2011, 1st Ex. Sess., No. 10, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3551. Coastal Port Advisory Authority; purpose; legislative findings

RS 34:3551 - Coastal Port Advisory Authority; purpose; legislative findings
The legislature hereby finds and declares that the development of oil and gas resources is essential to promote Louisiana's economic growth and the ability of the maritime, oil and gas industries to compete in regional, national, and global markets and to provide a high quality of life for the people of this state. The legislature declares and finds the following:
(1) The Gulf of Mexico has substantial oil and gas resources.
(2) Many of these resources are considered to be in the deep waters of the Gulf of Mexico.
(3) Major energy companies are expressing renewed interest in the deepwater oil and gas resources of the Gulf of Mexico as expressed in recent federal oil and gas lease sales and in budgeted capital expenditures.
(4) The state of Louisiana was once best suited to serve as the host state for the fabrication of the infrastructure needed to develop shallow and some deepwater Gulf of Mexico oil and gas resources because of its competitive advantage of world class coastal ports.
(5) Due to the need for larger and heavier infrastructures to serve the continued quest for deep water resources combined with the current limitations of Louisiana's coastal ports, the state of Louisiana, and the United States of America, are losing market shares, for the fabrication of deep water infrastructure projects.
(6) Economic opportunities and job creation resulting from improved coastal port infrastructures could create a renaissance of fabrication resulting from the proposed private investment of major energy companies in the deepwater resources of the Gulf of Mexico.
(7) The state of Louisiana has a great opportunity to fund the greatest environmental project of our generation, the restoration of coastal Louisiana, from the proceeds of deepwater oil and gas resources as a result of previously adopted federal law and certain Louisiana constitutional amendments.
(8) The state of Louisiana should move aggressively to determine how it can best fund improvements to its coastal ports in order to take advantage of the pending private sector investments in the deepwater resources of the Gulf of Mexico, and, thereby secure itself as the premiere province to host such activities, and further secure jobs for its citizens and improvements to the quality of life.
Acts 2013, No. 180, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:5201. Creation of district

RS 34:5201 - Creation of district
The Cameron 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 the district shall be composed of all of the area comprising Wards 1, 2, 3, 4, 5, and 6 of the parish of Cameron. The district shall have such authority, power, and jurisdiction as provided in this Chapter.
Acts 2016, No. 331, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:5202. Governing authority

RS 34:5202 - Governing authority
A. The Cameron 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 eleven commissioners, who shall be appointed as follows:
(1) Six commissioners appointed by the governing authority of the parish of Cameron with one commissioner appointed from each ward of the parish who shall be a qualified voter and taxpayer residing in the ward from which he is appointed.
(2) Four commissioners appointed by the governing authority of the parish of Cameron with one commissioner each appointed from Ward 3, 4, 5, and 6 of the parish who shall be a qualified voter and taxpayer residing in the ward from which he is appointed.
(3) One commissioner appointed by the other members of the commission who shall be a qualified voter and taxpayer residing within the parish of Cameron.
B. The members of the commission shall be appointed for terms of four years, except for those initially appointed pursuant to Paragraphs (A)(2) and (3) of this Section who shall serve a term of two years. Thereafter, the successors of all commissioners shall be appointed to serve for terms of four years. Each commissioner, except the commissioner appointed by the other commission members, shall serve at the pleasure of the governing authority of the parish of Cameron. The commissioner appointed by the other members of the commission shall serve at the pleasure of the commission members.
C. All vacancies occurring on the commission shall be filled in the manner of the original appointment for the remainder of the unexpired term of the outgoing commissioner.
D. The commission shall fix the per diem of its members; however, the per diem of each member shall not exceed twenty dollars per day during the time such member is in actual attendance upon the board. Such per diem shall be payable for a maximum of two days per month. The commission may authorize a reasonable travel allowance for the commissioners in the performance of their official duties.
E. The commission shall elect from among the commissioners 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 offices of secretary and treasurer may be held by the same person.
F. The commission shall meet in a regular session once each month, and shall also meet in a special session at the call of the president of the commission, or on the written request of six or more 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 for the transaction of business and all actions or resolutions of the commission, to be valid, shall be approved by the affirmative vote of not less than a majority of the members present.
Acts 2016, No. 331, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:5204. Levy of taxes

RS 34:5204 - Levy of taxes
A. For any of the purposes within the authority delegated to the district or the commission, the commission is hereby authorized to levy annually an ad valorem tax not to exceed three mills on the dollar on the property subject to ad valorem property tax situated in the district, when authorized by a majority of the voters in the district qualified to vote under the constitution and laws of this state, who vote at an election held for that purpose. Such election shall be called under the conditions and be conducted in the manner prescribed by the provisions of R.S. 39:551 et seq.
B.(1) For any of the purposes within the authority delegated to the district or the commission, the commission is hereby authorized to levy annually a sales and use tax on goods and property within the territorial limits or territorial jurisdiction of the district, provided that any taxes levied by the commission may not exceed the limitation set forth by Article VI, Section 29(A) of the Constitution of Louisiana and shall be imposed, collected, and enforced subject to the terms of the resolution imposing the tax and the provisions of R.S. 47:337.1 et seq.
(2) Any taxes or assessments of any type to be levied by the district shall be levied only after the commission has adopted an appropriate resolution giving notice of its intention to levy such taxes or assessments, which resolution shall include a general description of the taxes or assessments to be levied, and notice of this intention shall be published once a week for two weeks in the official journal of the district, the first publication to appear at least fourteen days before the public meeting of the commission at which the commission shall meet in an open and public session to hear any objections to the proposed taxes or assessments. The notice of intent so published shall state the date, time, and place of the public hearing. Such taxes or assessments may be levied only after the commission has called a special election submitting the proposition for the levy of such taxes or assessments to the qualified electors of the district, and the proposition has received the favorable vote of a majority of the electors voting in the election; however, in the event there are no qualified electors in the district, no such election shall be required. The powers and rights conferred by this Section shall be in addition to the powers and rights conferred by any other general or special law. This Section does and shall be construed to provide a complete and additional method for the levy of any taxes or assessments. No election, proceeding, notice, or approval shall be required for the levy of such taxes or assessments except as provided herein.
Acts 2016, No. 331, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:5211. Definitions

RS 34:5211 - Definitions
The following definitions shall apply:
(1) "Act" shall mean the Southeast Louisiana Port Authority Advisory Act.
(2) "Commission" shall mean the Southeast Louisiana Port Authority Advisory Commission created by this Chapter.
(3) "Board" shall mean the directors of the commission.
(4) "Department" shall mean the Department of Transportation and Development.
(5) "Secretary" shall mean the secretary of the Department of Transportation and Development.
Acts 2023, No. 461, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:5212. Purpose; legislative findings

RS 34:5212 - Purpose; legislative findings
A. The legislature hereby finds and declares it necessary to provide a forum for the exchange of information between the legislature, the department, and the commission members representing the maritime port industry located in the parishes of Ascension, East Baton Rouge, Iberville, Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, and West Baton Rouge.
B. The legislature hereby finds and declares that it is a matter of public necessity to create the Southeast Louisiana Port Authority Advisory Commission to provide the legislature and the department a broad perspective regarding maritime ports and transportation-related matters to be considered in formulating department policies concerning the Louisiana maritime port system located along and near the lower Mississippi River.
Acts 2023, No. 461, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:5213. Duties

RS 34:5213 - Duties
The commission shall be responsible for the following:
(1) Preparing a comprehensive one-year, five-year, and ten-year maritime port mission plan and submitting the plan to the governor, the speaker of the House of Representatives, the president of the Senate, the Senate and House committees on transportation, highways and public works, and the Senate and House committees on commerce, no later than December first of each year.
(2) Reviewing each project eligible to be funded pursuant to R.S. 34:3451 et seq. and making recommendations for approval or disapproval to the legislature.
(3) Advising the legislature and the department on matters relating to port authorities.
Acts 2023, No. 461, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:5214. Southeast Louisiana Port Authority Advisory Commission; creation; board of commissioners; compensation

RS 34:5214 - Southeast Louisiana Port Authority Advisory Commission; creation; board of commissioners; compensation
A. The Southeast Louisiana Port Authority Advisory Commission is created to assess and make recommendations relative to ports located along the lower Mississippi River in the state of Louisiana.
B. The domicile of the commission shall be East Baton Rouge Parish.
C. There shall be seven commissioners on the board, which shall be the governing body and shall be composed as follows:
(1) The chief executive officer of the Port of New Orleans or his designee.
(2) The chief executive officer of the Port of South Louisiana or his designee.
(3) The executive director of the Port of Greater Baton Rouge or his designee.
(4) The executive director of the Plaquemines Port, Harbor and Terminal District or his designee.
(5) The executive director of the St. Bernard Port, Harbor and Terminal District or his designee.
(6) The secretary of the Department of Transportation and Development or his designee.
(7) The secretary of Louisiana Economic Development or his designee.
D. Commissioners shall serve as long as they hold their current position as president of their respective port or secretary of their respective agency. The commission shall elect from its members a chairman, a vice chairman, and a secretary-treasurer who shall serve two-year terms.
E. Commissioners shall not be entitled to any salary for the performance of their duties, but each may be reimbursed by their represented entity for actual expenses incurred in the performance of all duties in connection with business of the commission. Commissioners may be reimbursed for mileage expenses incurred for attendance at meetings of the commission. The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage allowance authorized under state travel regulations, at rates and standards as promulgated by the division of administration subject to the availability of funds.
Acts 2023, No. 461, §1.