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rs-title-49•Title 49 — State Administration
A. The historic gulfward boundary of the state of Louisiana extends a distance into the Gulf of America three marine leagues from the coastline. For the purposes of this Part, "three marine leagues" is equal to nine geographic miles or 10.357 statute miles.
B. The coastline of Louisiana shall be the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and shall be not less than the baseline defined by the coordinates set forth in United States v. Louisiana, 422 U.S. 13 (1975), Exhibit "A". Under no circumstances shall the coastline of Louisiana be nearer inland than the baseline established by such coordinates.
C. No provision of this Section shall be construed to relinquish any dominion, sovereignty, territory, property, or rights of the state of Louisiana or its political subdivisions otherwise provided by law.
D. Any reference in the codified or uncodified laws of this state to the "Gulf of Mexico" shall be deemed to refer to the "Gulf of America", as designated by the United States Board on Geographic Names. This Subsection shall apply to all existing statutes, regulations, administrative rules, contracts, and other legal instruments, and shall be given full force and effect in all official state documents and proceedings.
Amended by Acts 1954, No. 33, §1, eff. June 21, 1954; Acts 2011, No. 336, §1; Acts 2025, No. 105, §2, eff. June 8, 2025.
A. Subject to the right of the government of the United States to regulate foreign and interstate commerce under Section 8 of Article 1 of the Constitution of the United States, and to the power of the government of the United States over cases of admiralty and maritime jurisdiction under Section 2 of Article 3 of the Constitution of the United States, and the powers of the United States Coast Guard as provided by law to patrol and protect the navigable waters of the United States in the Gulf of America, the state of Louisiana has full sovereignty over all of the waters of the Gulf of America and of the arms of the Gulf of America within the boundaries of Louisiana, and over the beds and shores of the Gulf and all arms of the Gulf within the boundaries of Louisiana.
B. The state of Louisiana shall be entitled to all the lands, minerals and other natural resources underlying the Gulf of America, extending seaward from its coastline for a distance of three marine leagues.
Acts 2011, No. 336, §1; Acts 2025, No. 105, §3, eff. June 8, 2025.
The State of Louisiana owns in full and complete ownership the waters of the Gulf of America and of the arms of the Gulf and the beds and shores of the Gulf and the arms of the Gulf, including all lands that are covered by the waters of the Gulf and its arms either at low tide or high tide, within the boundaries of Louisiana.
Acts 2025, No. 105, §3, eff. June 8, 2025.
A. The gulfward boundary of the state of Louisiana historically consists of three marine leagues, and it is the intent of the Legislature of Louisiana that this historic gulfward boundary be recognized and enforced as law.
B. The unequal gulfward boundaries of Gulf Coast states set forth by the United States Supreme Court in United States of America v. States of Louisiana, Texas, Mississippi, Alabama, and Florida , 363 U.S. 1 (1960), have resulted in (1) economic disparity and hardship for Louisiana citizens and entities; (2) economic loss to the state of Louisiana and its political subdivisions; and (3) the inability of the state of Louisiana and its political subdivisions to fully exercise their powers and duties under the federal and state constitutions and state laws and ordinances, including but not limited to protection and restoration of coastal lands, waters, and natural resources, and regulation of activities affecting them.
C. It is the further intent of the Legislature of Louisiana that, in light of the continuing effects of coastal erosion, subsidence, and land loss, the coastline of Louisiana should be recognized as consisting of at least and not less than that coastline defined by the coordinates set forth in United States v. Louisiana , 422 U.S. 13 (1975), Exhibit "A".
D. Notwithstanding any provision of law to the contrary, the jurisdiction of the state of Louisiana or any political subdivision thereof shall not extend to the boundaries recognized herein until the U.S. Congress acknowledges the boundary described herein by an Act of Congress or any litigation resulting from the passage of Acts 2011, No. 336 with respect to the legal boundary of the state is resolved and a final non-appealable judgment is rendered.
Acts 2011, No. 336, §1.
The water boundary between the States of Louisiana and Mississippi from the mouth of the Pearl River to the Gulf of America is fixed by the decree of the Supreme Court of the United States in the suit of Louisiana versus Mississippi, and marked and buoyed so as to be reasonably permanent and so as to make the location of the line reasonably plain and apparent to those navigating these waters.
Acts 2025, No. 105, §3, eff. June 8, 2025.
Whoever injures, mutilates, destroys, interferes with or removes any of the marks or buoys located, placed, anchored or moored, under the provisions of R.S. 49:4, shall be fined not less than one thousand dollars nor more than five thousand dollars, or imprisoned for not less than one year, nor more than five years, or both.
A. The gulfward boundaries of the coastal parishes of the state of Louisiana situated east of the Mississippi River extend from the outer land terminus of their common boundary due east, true bearing, to the outer gulfward boundary of the state of Louisiana, and the gulfward boundaries of the coastal parishes situated west of the Mississippi River extend from the outer land termini of their common boundaries due south, true bearing, to the outer gulfward boundary of the state of Louisiana, and the gulfward boundary of all said coastal parishes extend coextensively with the gulfward boundary of the state of Louisiana.
B. The interior or inland boundaries of all coastal parishes shall remain as now existing or fixed by applicable state laws.
Acts 1954, No. 32, §§1, 2, eff. June 21, 1964.
A. In recognition of the state's right to self-determination, it is a declared interest of the state that the attorney general preserve and defend the state's autonomy, independence, and sovereignty in all legal matters and disputes involving the federal government and preserve for the state any power not expressly delegated to the federal government.
B. The state's sovereign interests refer to any matter, concern, or situation that directly or indirectly affects the status or rights of the state and its citizens and local political subdivisions, whether legal, financial, social welfare, or other interest that pertains to the sovereign power, identity, and autonomy of state government.
C. To that end, the attorney general shall have the authority to institute, defend, or intervene in any suit to protect the sovereign interests of the state in any matter involving the federal government, including but not limited to any matter brought in the federal courts.
D. Notwithstanding any other law to the contrary and in addition to any other powers, duties, or authority granted to the attorney general and the Department of Justice by the constitution and laws of the state, the attorney general may, at his discretion, represent the state and all departments and agencies of state government, state boards and commissions, state officials and employees, and any other state institution, as well as any local political subdivisions created by the Constitution of Louisiana or state law, including but not limited to school boards and charters, whether in his name or through special counsel retained for that purpose in order to preserve, protect, and defend the interests of the state.
E. Whenever the state, state department, state agency, state board or commission, state official or employee, any other state institution, or a local political subdivision created by the Constitution of Louisiana or state law, including but not limited to school boards and charters, receives a notice, claim, or demand made by a federal agency, agent, or official of the federal government or any notice, claim, or demand made by any party in litigation which seeks to impose continuing federal court jurisdiction over any state department, agency, board, commission, official, employee, any other state institution, or any local political subdivision created by the Constitution of Louisiana or state law, such entity or political subdivision shall immediately notify the governor and the attorney general by providing a copy of such notice, claim, or demand. Such notice shall be provided within thirty days of receipt of the notice, claim, or demand. The entity shall also notify all parties and the court of the statutory right created in this Section of the attorney general to intervene and shall seek a sixty-day stay of the litigation to provide notice and provide the attorney general time to intervene.
F. Neither the state of Louisiana nor any department, agency, board, commission, institution, or local political subdivision created by the Constitution of Louisiana or state law, including but not limited to school boards and charters, or any official or employee thereof in his official capacity may enter into a judgment by consent in federal court without the approval of the attorney general and the governor when the proposed judgment creates, establishes, or imposes injunctive relief, enforceable through continuing oversight by the federal court, with future binding conditions or obligations that exceed sixty days to effect the settlement. This Subsection shall not require consent by the attorney general or the governor if the agreement settles litigation without creating future obligations requiring continuing federal judicial oversight. Any agreement that contains an obligation that exceeds the consenting party's term of office, as a matter of public policy of this state, shall be considered unenforceable against the governmental entity or successor official and an ultra vires act.
Acts 2025, No. 237, §2, eff. June 11, 2025.
NOTE: See Acts 2025, No. 237, §3 regarding applicability to pending consent decrees and judgements.
The governor and the Attorney General, or either of them, in his discretion, may select the special counsel provided for in R.S. 49:21 and fix compensation.
The board of liquidation of the state debt may borrow the funds necessary to meet the compensation of the special counsel employed under R.S. 49:21.
The World Health Organization, United Nations, and the World Economic Forum shall have no jurisdiction or power within the state of Louisiana. No rule, regulation, fee, tax, policy, or mandate of any kind of the World Health Organization, United Nations, and the World Economic Forum shall be enforced or implemented by the state of Louisiana or any agency, department, board, commission, political subdivision, governmental entity of the state, parish, municipality, or any other political entity.
Acts 2024, No. 395, §1, eff. May 28, 2024.
§§41 to 45 Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
Repealed by Acts 1976, No. 471, §3
The Council of State Governments is a joint governmental agency of this state and of the other states which cooperate through it.
Repealed by Acts 1976, No. 471, §3
A. The legislature hereby finds that the rapid growth being experienced by many communities within the state of Louisiana presents new and significant problems for these political subdivisions in providing the necessary public services and in planning and developing desirable living and working areas; that the full and effective use of the many grant programs of the federal government affecting community development necessitates full cooperation and coordination of existing state and local government agencies; that the coordination of existing state activities which affect the communities of the state requires the establishment of machinery within the government of the state of Louisiana to administer new and existing programs to meet these problems; and that it is the urgent responsibility of the state to assist communities in meeting these problems in whatever way possible including technical and financial assistance. It is therefore the purpose of this Section to establish a division of local affairs within the commission to provide for state financial and technical assistance to the communities of the state, and to otherwise assist in the community development in order to provide the health and living standards and conditions that the welfare of the people of the state of Louisiana require.
B. Repealed by Acts 1976, No. 471, §3.
C. The commissioner of administration shall have the following additional powers and duties regarding the division of local affairs:
(1) To supervise and administer the activities of the division and to advise the governor with respect to matters affecting community affairs generally and especially on the role of the state in these affairs.
(2) To delegate any of his functions, powers, and duties to such other officers and employees of the commission as he may choose and to authorize such successive redelegations of such functions, powers, and duties as he may deem desirable.
(3) To submit and adopt all necessary plans, enter into contracts, accept gifts, grants, and federal funds, prepare and submit budgets, make rules and regulations, and do all things necessary and proper to carry out the provisions of this Section.
D. All state agencies or political subdivisions of this state shall provide such assistance and data to the division of local affairs as is needed to carry out the functions, powers and duties of the division.
E. The division of local affairs shall have the following functions and responsibilities:
(1) To prepare and adopt a work program each year for the division of local affairs;
(2) To cooperate with and provide technical assistance to parish, municipal and regional planning commissions, zoning commissions, parks or recreation boards, community development groups, community action agencies, and similar agencies created for the purposes of aiding and encouraging an orderly, productive and coordinated development of the state;
(3) To assist the governor in coordinating the activities of state agencies which have an impact on the solution of community development problems and the implementation of community plans, and to channel airport redevelopment funds through the state to political subdivisions;
(4) To encourage and, when requested, assist the efforts of local governments to develop mutual and cooperative solutions to their common problems;
(5) To assist and cooperate with communities in establishing and organizing neighborhood information centers and referral services;
(6) To study existing legal provisions that affect the structure and financing of local government and those state activities which involve significant relations with local government units; and recommend to the governor and the legislature such changes in these provisions and activities as may seem necessary to strengthen local government;
(7) To serve as a clearinghouse for information, data, and other materials which may be helpful or necessary to local governments to discharge their responsibilities; the clearinghouse should also provide information on available federal and state financial and technical assistance;
(8) To carry out continuing studies and analyses of the problems faced by communities within the state and develop such recommendations for administrative or legislative action as appear necessary; in carrying out such studies and analyses, particular attention should be paid to the problems of metropolitan, suburban and other areas in which economic and population factors are rapidly changing;
(9) To assist and cooperate with other state agencies and officials, with official organizations of elected officials in the state, with local governments and officials, and with federal agencies and officials, in carrying out the functions and duties of the division;
(10) To consult with private groups and individuals, and if the director deems it desirable, hold public hearings to obtain information for the purpose of carrying out this section;
(11) To develop and test, model or demonstration programs and projects, contract to administer certain functions or services within a community of the state for such purposes, or to otherwise provide a program of practical research in the solution of community problems.
F.(1) The division of administration shall be responsible for determining and coordinating the state's role in federal grant programs applicable to the following community affairs and development programs or any future community affairs programs which may be enacted by Congress:
(a) Projects and programs for the planning and carrying out of the acquisition, use, and development of land for open space and recreational purposes;
(b) Programs to develop decent, safe, and sanitary housing to serve the needs of all citizens of the community including low-rent and middle-income housing constructed by public authorities or nonprofit groups, and other publicly assisted housing activities;
(c) Urban renewal and redevelopment activities to rebuild slum areas including the provision or supervision of relocation services for individuals, families, businesses, and nonprofit organizations to assure that such displaced are provided with comprehensive relocation and financial assistance;
(d) Channeling of Federal Airport Aid;
(e) Programs and projects to aid in the development, financing, and staffing of neighborhood information and service centers.
(2) Initiate study on state plans insuring local governments and municipalities shall have input into all state plans. The study shall show who is in charge of all state plans and shall provide a list of the respective agencies and committees. The study shall define the different types of state plans being prepared. The study shall further list the elements of each.
G. The successful discharge of this section demands that all activities and programs of state agencies which have an impact on community affairs be fully coordinated. State agencies shall cooperate fully with the director and governor in fulfilling this section. The commission may establish such coordination, advisory, or other machinery as they may find necessary to carry out this section and they may issue such rules and regulations as they believe necessary and desirable to carry out the provisions of this section.
H. Funds may be appropriated to carry out this section including monies to enable the director to assist communities in meeting the non-federal share of any federal community development programs.
I. The commission shall serve in an advisory capacity to the director and the division on all matters related to the implementation of this Section.
Added by Acts 1970, No. 407, §1. Amended by Acts 1976, No. 471, §2; Acts 1986, No. 860, §1; Acts 1988, No. 625, §5.
Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
ARTICLE I. FINDINGS AND PURPOSES
A. The party states find that the South has a sense of community based on common social, cultural and economic needs and fostered by a regional tradition. There are vast potentialities for mutual improvement of each state in the region by cooperative planning for the development, conservation and efficient utilization of human and natural resources in a geographic area large enough to afford a high degree of flexibility in identifying and taking maximum advantage of opportunities for healthy and beneficial growth. The independence of each state and the special needs of subregions are recognized and are to be safeguarded. Accordingly, the cooperation resulting from this agreement is intended to assist the states in meeting their own problems by enhancing their abilities to recognize and analyze regional opportunities and take account of regional influences in planning and implementing their public policies.
B. The purposes of this agreement are to provide:
(1) Improved facilities and procedures for study, analysis and planning of governmental policies, programs and activities of regional significance;
(2) Assistance in the prevention of interstate conflicts and the promotion of regional cooperation;
(3) Mechanisms for the coordination of state and local interests on a regional basis;
(4) An agency to assist the states in accomplishing the foregoing.
ARTICLE II. THE BOARD
A. There is hereby created the Southern Growth Policies Board, hereinafter called "the board."
B. The board shall consist of five members from each party state, as follows:
(1) The governor;
(2) Two members of the state legislature, one appointed by the presiding officer of each house of the legislature or in such other manner as the legislature may provide;
(3) Two residents of the state who shall be appointed by the governor to serve at his pleasure.
C. In making appointments pursuant to Subsection B(3), a governor shall, to the greatest extent practicable, select persons who, along with the other members serving pursuant to Subsection B, will make the state's representation on the board broadly representative of the several socio-economic elements within his state.
D.(1) A governor may be represented by an alternate with power to act in his place and stead, if notice of the designation of such alternate is given to the board in such manner as its bylaws may provide.
(2) A legislative member of the board may be represented by an alternate with power to act in his place and stead, unless the laws of his state prohibit such representation and if notice of the designation of such alternate is given to the board in such manner as its by-laws may provide. An alternate for a legislative member of the board shall be selected by the member from among the members of the legislative house in which he serves.
(3) A member of the board serving pursuant to Subsection B(3) of this article may be represented by another resident of his state who may participate in his place and stead, except that he shall not vote; provided, that notice of the identity and designation of the representative selected by the member is given to the board in such manner as its by-laws may provide.
ARTICLE III. POWERS
A. The board shall prepare and keep current a statement of regional objectives, including recommended approaches to regional problems. The statement may also identify projects deemed by the board to be of regional significance. The statement shall be available in its initial form two years from the effective date of this agreement and shall be amended or revised no less frequently than once every six years. The statement shall be in such detail as the board may prescribe. Amendments, revisions, supplements or evaluations may be transmitted at any time. An annual commentary on the statement shall be submitted at a regular time to be determined by the board.
B. In addition to powers conferred on the board elsewhere in this agreement, the board shall have the power to make or commission studies, investigations and recommendations with respect to:
(1) The planning and programming of projects of interstate or regional significance;
(2) Planning and scheduling of governmental services and programs which would be of assistance to the orderly growth and prosperity of the region and to the wellbeing of its population;
(3) Effective utilization of such federal assistance as may be available on a regional basis or as may have an interstate or regional impact;
(4) Measures for influencing population distribution, land use, development of new communities and redevelopment of existing ones;
(5) Transportation patterns and systems of interstate and regional significance;
(6) Improved utilization of human and natural resources for the advancement of the region as a whole;
(7) Any other matters of a planning, data collection or informational character that the board may determine to be of value to the party states.
ARTICLE IV. AVOIDANCE OF DUPLICATION
A. To avoid duplication of effort and in the interest of economy, the board shall make use of existing studies, surveys, plans and data and other materials in the possession of the governmental agencies of the party states and their respective subdivisions or in the possession of other interstate agencies. Each such agency, within available appropriations and if not expressly prevented or limited by law, is hereby authorized to make such materials available to the board and to otherwise assist it in the performance of its functions. At the request of the board, each such agency is further authorized to provide information regarding plans and programs affecting the region, or any subarea thereof, so that the board may have available to it current information with respect thereto.
B. The board shall use qualified public and private agencies to make investigations and conduct research, but if it is unable to secure the undertaking of such investigations or original research by a qualified public or private agency, it shall have the power to make its own investigations and conduct its own research. The board may make contracts with any public or private agencies or private persons or entities for the undertaking of such investigations or original research within its purview.
C. In general, the policy of Subsection B of this article shall apply to the activities of the board relating to its statement of regional objectives, but nothing herein shall be construed to require the board to rely on the services of other persons or agencies in developing the statement of regional objectives or any amendment, supplement or revision thereof.
ARTICLE V. ADVISORY COMMITTEES
The board shall establish a local governments advisory committee. In addition, the board may establish advisory committees representative of subregions of the South, civic and community interests, industry, agriculture, labor or other categories or any combinations thereof. Unless the laws of a party state contain a contrary requirement, any public official of the party state or a subdivision thereof may serve on an advisory committee established pursuant hereto and such service may be considered as a duty of his regular office or employment.
ARTICLE VI. INTERNAL MANAGEMENT OF THE BOARD
A. The members of the board shall be entitled to one vote each. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action of the board shall be only at a meeting at which a majority of the members or their alternates are present. The board shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the board may delegate the exercise of any of its powers relating to internal administration and management to an executive committee or the executive director. In no event shall any such delegation include final approval of:
(1) A budget or appropriation request;
(2) The statement of regional objectives or any amendment, supplement or revision thereof;
(3) Official comments on or recommendations with respect to projects of interstate or regional significance;
(4) The annual report.
B. To assist in the expeditious conduct of its business when the full board is not meeting, the board shall elect an executive committee which shall not exceed twenty-three members, including at least one member from each party state. The executive committee, subject to the provisions of this agreement and consistent with the policies of the board, shall be constituted and function as provided in the bylaws of the board. One-half of the membership of the executive committee shall consist of governors, and the remainder shall consist of other members of the board, except that at any time when there is an odd number of members on the executive committee, the number of governors shall be one less than half of the total membership. The members of the executive committee shall serve for terms of two years, except that members elected to the first executive committee shall be elected as follows: one less than half of the membership for two years and the remainder for one year. The chairman, chairman-elect, vice-chairman and treasurer of the board shall be members of the executive committee and anything in this Paragraph to the contrary notwithstanding shall serve during their continuance in these offices. Vacancies in the executive committee shall not affect its authority to act, but the board at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term.
C. The board shall have a seal.
D. The board shall elect, from among its members, a chairman, a chairman-elect, a vice-chairman and a treasurer. Elections shall be annual. The chairman-elect shall succeed to the office of chairman for the year following his service as chairman-elect. For purposes of the election and service of officers of the board, the year shall be deemed to commence at the conclusion of the annual meeting of the board and terminate at the conclusion of the next annual meeting thereof. The board shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the board, and together with the treasurer and such other personnel as the board may deem appropriate shall be bonded in such amounts as the board shall determine. The executive director shall be secretary.
E. The executive director, subject to the policy set forth in this agreement and any applicable directions given by the board, may make contracts on behalf of the board.
F. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, subject to the approval of the board, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the board, and shall fix the duties and compensation of such personnel. The board in its bylaws shall provide for the personnel policies and programs of the board.
G. The board may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.
H. The board may accept for any of its purposes and functions under this agreement any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the board pursuant to this paragraph or services borrowed pursuant to Subsection G of this article shall be reported in the annual report of the board. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
I. The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein.
J. The board shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The board shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
K. The board annually shall make to the governor and legislature of each party state a report covering the activities of the board for the preceding year. The board at any time may make such additional reports and transmit such studies as it may deem desirable.
L. The board may do any other or additional things appropriate to implement powers conferred upon it by this agreement.
ARTICLE VII. FINANCE
A. The board shall advise the governor or designated officer or officers of each party state of its budget of estimated expenditures for such period as may be required by the laws of that party state. Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.
B. The total amount of appropriation requests under any budget shall be apportioned among the party states. Such apportionment shall be in accordance with the following formula:
(1) One-third in equal shares,
(2) One-third in the proportion that the population of a party state bears to the population of all party states, and
(3) One-third in the proportion that the per capita income in a party state bears to the per capita income in all party states.
In implementing this formula, the board shall employ the most recent authoritative sources of information and shall specify the sources used.
C. The board shall not pledge the credit of any party state. The board may meet any of its obligations in whole or in part with funds available to it pursuant to Article VI(H) of this agreement, provided that the board takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the board makes use of funds available to it pursuant to Article VI(H), or borrows pursuant to this paragraph, the board shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same. The board may borrow against anticipated revenues for terms not to exceed two years, but in any such event the credit pledged shall be that of the board and not of a party state.
D. The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the board.
E. The accounts of the board shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the board.
F. Nothing contained herein shall be construed to prevent board compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the board.
ARTICLE VIII. COOPERATION WITH THE FEDERAL
GOVERNMENT AND OTHER GOVERNMENTAL ENTITIES
Each party state is hereby authorized to participate in cooperative or joint planning undertakings with the federal government, and any appropriate agency or agencies thereof, or with any interstate agency or agencies. Such participation shall be at the instance of the governor or in such manner as state law may provide or authorize. The board may facilitate the work of state representatives in any joint interstate or cooperate federal-state undertaking authorized by this article, and each such state shall keep the board advised of its activities in respect of such undertakings, to the extent that they have interstate or regional significance.
ARTICLE IX. SUBREGIONAL ACTIVITIES
The board may undertake studies or investigations centering on the problems of one or more selected subareas within the region; provided, that in its judgment, such studies or investigations will have value as demonstrations for similar or other areas within the region. If a study or investigation that would be of primary benefit to a given state, unit of local government, or intrastate or interstate area is proposed, and if the board finds that it is not justified in undertaking the work for its regional value as a demonstration, the board may undertake the study or investigation as a special project. In any event, it shall be a condition precedent that satisfactory financing and personnel arrangements be concluded to assure that the party or parties benefited bear all costs which the board determines would be inequitable for it to assume. Prior to undertaking any study or investigation pursuant to this article as a special project the board shall make reasonable efforts to secure the undertaking of the work by another responsible public or private entity in accordance with the policy set forth in Article IV(B).
ARTICLE X. COMPREHENSIVE LAND USE PLANNING
If any two or more contiguous party states desire to prepare a single or consolidated comprehensive land use plan, or a land use plan for any interstate area lying partly within each such state, the governors of the states involved may designate the board as their joint agency for the purpose. The board shall accept such designation and carry out such responsibility; provided, that the states involved make arrangements satisfactory to the board to reimburse it or otherwise provide the resources with which the land use plan is to be prepared. Nothing contained in this article shall be construed to deny the availability for use in the preparation of any such plan of data and information already in the possession of the board to require payment on account of the use thereof in addition to payments otherwise required to be made pursuant to other provisions of this agreement.
ARTICLE XI. COMPACTS AND AGENCIES UNAFFECTED
Nothing in this agreement shall be construed to:
(1) Affect the powers or jurisdiction of any agency of a party state or any subdivision thereof.
(2) Affect the rights or obligations of any governmental units, agencies or officials, or of any private persons or entities conferred or imposed by any interstate or interstate-federal compacts to which any one or more states participating herein are parties.
(3) Impinge on the jurisdiction of any existing interstate-federal mechanism for regional planning or development.
ARTICLE XII. ELIGIBLE PARTIES; ENTRY
INTO AND WITHDRAWAL
A. This agreement shall have as eligible parties the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the Territory of the Virgin Islands, hereinafter referred to as party states.
B. Any eligible state may enter into this agreement and it shall become binding thereon when it has adopted the same; provided, that in order to enter into initial effect, adoption by at least five states shall be required.
C. Adoption of the agreement may be either by enactment thereof or by adherence thereto by the governor; provided, that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1974. During any period when a state is participating in this agreement through gubernatorial action, the governor may provide to the board an equitable share of the financial support of the board from any source available to him. Nothing in this paragraph shall be construed to require a governor to take action contrary to the constitution or laws of his state.
ARTICLE XIII. CONSTRUCTION AND SEVERABILITY
This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.
Added by Acts 1974, No. 518, §1. Amended by Acts 1979, No. 631, §§1, 2.
The legislature declares that the operation of open and responsible government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely their opinions on actions of the executive branch. To preserve and maintain the integrity of executive branch action and state government, the legislature also declares it is necessary that the identity of persons who attempt to influence actions of the executive branch and certain expenditures by those persons be publicly disclosed.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005.
NOTE: See Acts 2004, No. 116, §§4 and 5, re implementation, administration, and effectiveness.
When used in this Part:
(1) "Ethics board" means the ethics body which has jurisdiction over elected officials under Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950.
(2)(a) "Executive branch action" means any act by an executive branch agency or official to effectuate the public powers, functions, and duties of an executive branch official or an executive branch agency, including but not limited to any act in the nature of policymaking, rulemaking, adjudication, licensing, regulation, or enforcement; relative to contracts, requests for proposals, development of specifications, or engaging another person to perform a governmental function; to formulate, adopt, amend, or repeal any rule, as that term is defined in R.S. 49:951; to adopt, repeal, increase, or decrease any fee imposed on the affairs, actions, or persons regulated by an executive branch agency; or to affect the passage, defeat, or implementation of any legislation.
(b) "Executive branch action" shall not mean any act by a licensed healthcare professional, or a person acting under a licensed healthcare professional's direction, to diagnose, treat, or provide medical advice to an individual patient, including prescribing a drug or device for use by the patient; however, any action by the Medicaid Pharmaceutical and Therapeutics Committee shall be an "executive branch action" and, therefore, any pharmaceutical representative who engages in lobbying any member of the Medicaid Pharmaceutical and Therapeutics Committee for the purpose of inclusion of any product on the pharmacopoeia or formulary shall be required to register as a lobbyist pursuant to the provisions of this Part.
(3) "Executive branch agency" or "agency" means the state, and any state office, department, board, commission, institution, or any quasi-public entity created in the executive branch of state government by or pursuant to law or by or pursuant to the constitution, specifically including but not limited to the Public Service Commission. The terms "executive branch agency" or "agency" shall not include any unit of the legislative or judicial branch of state government, local government, or any political subdivision of the state or any agency thereof; however, the terms "executive branch agency" or "agency" shall include any board or commission to which the governor appoints at least a majority of the membership of the board or commission.
(4) "Executive branch official" or "official" means an elected official, an appointed official, or an employee in an executive branch agency.
(5) "Expenditure" means the gift or payment of money or any thing of value for the purchase of food, drink, or refreshment for an executive branch official or for the spouse or minor child of an executive branch official and any gift or payment permitted by R.S. 42:1123(13) for the purpose of lobbying when the lobbyist or principal accounts, or would be expected to account, for the expenditure as an ordinary and necessary expense directly related to the active conduct of the lobbyist's, his employer's, or the principal's trade or business.
(6) "Lobbying" or "to lobby" means any direct act or communication with an executive branch official, the purpose of which is to aid in influencing an executive branch action.
(7) "Lobbyist" means any person who acts in a representative capacity and makes an expenditure.
(8) "Person" means an individual, partnership, committee, association, corporation, and any other organization or group of persons.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005; Acts 2006, No. 527, §1, eff. June 22, 2006; Acts 2006, No. 748, §1, eff. Jan. 1, 2007; Acts 2008, 1st Ex. Sess., No. 13, §2, eff. Jan. 1, 2009; Acts 2008, 1st Ex. Sess., No. 19, §3, eff. March 10, 2008; Acts 2008, No. 164, §2, eff. June 12, 2008, expires Dec. 31, 2008; Acts 2008, No. 164, §4, eff. Jan. 1, 2009; Acts 2008, No. 769, §2, eff. July 6, 2008.
NOTE: See Acts 2004, No. 116, §§4 and 5, re implementation, administration, and effectiveness.
NOTE: See Acts 2006, No. 748, §2, relative to application of Act.
Except as otherwise provided in this Part relative to a principal or employer of a lobbyist, the provisions of this Part shall apply only to persons who are lobbyists as defined in R.S. 49:72. The provisions of this Part shall not apply to an elected or appointed public official or any designee of such an official, when such designee is a public employee and when such elected or appointed official or public employee is acting in the performance of his or her official public duties.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005; Acts 2008, No. 769, §2, eff. July 6, 2008.
NOTE: See Acts 2004, No. 116, §§4 and 5, re implementation, administration, and effectiveness.
A. Each lobbyist shall register with the ethics board as soon as possible after employment as a lobbyist or after the first action requiring his registration as a lobbyist, whichever occurs first, and in any event not later than five days after employment as a lobbyist or not later than five days after the first action requiring his registration as a lobbyist, whichever occurs first. The lobbyist shall electronically file with the ethics board, using forms provided by it, the following information:
(1) His name and business address.
(2) The name and address of each person by whom he is employed and, if different, whose interests he represents, including the business in which that person is engaged.
(3)(a) The name of each person by whom he is paid or is to be paid, the amount he is paid or is to be paid for the purpose of lobbying, and a characterization of such payment as paid, earned but not received, or prospective.
(b) Amounts required to be disclosed pursuant to this Paragraph shall be reported by category of value. The categories shall be:
(i) Category I, $24,999 or less.
(ii) Category II, $25,000-$49,999.
(iii) Category III, $50,000-$99,999.
(iv) Category IV, $100,000-$249,999.
(v) Category V, $250,000 or more.
(4)(a) An indication of potential subject matter about which he anticipates lobbying.
(b) Indication of potential subject matters shall be made by choosing from the following potential subject matter categories:
(i) Aerospace and space technology.
(ii) Agriculture: horticulture; livestock; poultry.
(iii) Agriculture: forestry; timber.
(iv) Alcohol and other beverages.
(v) Arts and entertainment.
(vi) Aquaculture and fisheries.
(vii) Business and private and commercial enterprises.
(viii) Banking, financial, and accounting.
(ix) Charities and social services, faith-based organizations, and community outreach.
(x) Computers, hardware, software, and intellectual property.
(xi) Construction, contracting, and real estate.
(xii) Educational services: colleges; technical schools; trade schools.
(xiii) Environmental quality, conservation, and wildlife preservation.
(xiv) Gaming.
(xv) Government: local; municipal; parish; state; federal.
(xvi) Health care: hospitals; nursing homes; elderly care; hospice.
(xvii) Health care: physicians; nurse practitioners; nurses.
(xviii) Health care: pharmaceutical and medical devices; research; development; sales.
(xix) Homeland security.
(xx) Hotels, restaurants, and tourism.
(xxi) Insurance.
(xxii) International trade.
(xxiii) Law and lawyers.
(xxiv) Manufacturing: oil and gas; mining; refining; production; chemical industry.
(xxv) Manufacturing: wholesale.
(xxvi) Military and veterans affairs.
(xxvii) Public safety, police, and fire.
(xxviii) Telecommunications.
(xxix) Tobacco industry.
(xxx) Transportation.
(xxxi) Unions, labor issues, and special advocacy groups.
(xxxii) Utilities: electric; gas; water; nuclear.
(c) The unintentional omission of a potential subject matter as provided in this Paragraph shall not be a violation of this Part.
(5)(a) The identity of each statewide elected official or executive branch department head or spouse of a statewide elected official or executive branch department head with whom he or his employer has or has had in the preceding twelve months a business relationship.
(b) For the purposes of this Paragraph, the following terms shall have the following meanings:
(i) "Executive branch department head" means:
(aa) The secretary of each of the following departments of state government:
(I) Louisiana Economic Development.
(II) The Department of Culture, Recreation and Tourism.
(III) The Department of Environmental Quality.
(IV) The Louisiana Department of Health.
(V) Louisiana Works.
(VI) The Department of Conservation and Energy.
(VII) The Department of Public Safety and Corrections.
(VIII) The Department of Revenue.
(IX) The Department of Children and Family Services.
(X) The Department of Transportation and Development.
(XI) The Department of Wildlife and Fisheries.
(XII) The Department of Veterans Affairs.
(bb) The executive secretary of the Public Service Commission.
(cc) The director of state civil service.
(dd) Each member of the State Board of Elementary and Secondary Education.
(ee) The state superintendent of education, the commissioner of higher education, and the president of each public postsecondary education system.
(ff) The commissioner of the division of administration.
(gg) Each member of the Board of Ethics and the ethics administrator.
(hh) The chief of staff of the office of the governor.
(ii) The executive counsel to the governor.
(jj) The legislative director for the governor.
(kk) The policy director for the governor.
(ll) The deputy chief of staff of the office of the governor.
(ii) "Business relationship" means any transaction or activity that is conducted or undertaken for profit and which arises from a joint ownership interest, partnership, or common legal entity between a lobbyist or his employer and an executive branch department head or spouse of an executive branch department head or a statewide elected official or spouse of a statewide elected official when the executive branch department head or spouse or the statewide elected official or spouse owns ten percent or more of such interest, partnership, or legal entity.
(6) If the registrant was a registered lobbyist during the previous calendar year, whether the registrant completed the annual training required pursuant to R.S. 42:1170 for the previous calendar year.
(7) One copy of a two-inch-by-two-inch recent photograph of the registrant made within the prior six months shall be filed with the initial registration form.
(8) If a lobbyist is compensated for lobbying and nonlobbying services, he shall reasonably allocate his compensation and report only the amount received for lobbying in the manner provided in this Part.
B. At the time of the initial registration of a lobbyist, the ethics board shall assign the lobbyist a registration number, which number shall be inscribed on the registration form. This number shall be inscribed on each supplemental registration form, renewal form, and expenditure report filed by the lobbyist.
C. A registration shall expire on December thirty-first of each year unless the lobbyist submits a renewal on forms provided by the ethics board along with the appropriate fee. The registrant may file his renewal any time from December first until January thirty-first. Failure to file the renewal form by January thirty-first each year shall cause the registration to expire retroactively as of December thirty-first of the preceding year.
D.(1)(a) Within ten days of termination of a registrant's employment or representation of any person, the registrant shall file a supplemental registration with the ethics board acknowledging the termination of his employment or representation.
(b) The registrant shall not be required to file a supplemental registration pursuant to Subparagraph (a) of this Paragraph if the termination of employment or representation occurs after December thirty-first and the lobbyist timely files his renewal form during the period provided in Subsection C of this Section and the renewal form accurately and completely lists the lobbyist's employment and representation as of the time the lobbyist files the renewal form.
(2) Each registrant who ceases activities requiring him to register shall file a supplemental registration with the ethics board acknowledging the termination of his lobbying activities.
(3) Each registrant who has terminated his registration must file disclosure reports for each reporting period during which he was registered.
E. The forms shall be published electronically by the ethics board. Registrations which have been filed shall be maintained by the ethics board and made available to the public via the Internet. The electronic filing by a lobbyist of any information required under this Section shall constitute a certification that the information is true and correct to the best of his knowledge, information, and belief and that no information required by this Part has been deliberately omitted.
F.(1) Whenever any information contained in his registration changes, or the lobbyist begins representing an additional person, a supplemental electronic registration shall be filed with the ethics board as soon as possible after such change occurs and in any event not later than five days after such change using forms provided by the ethics board.
(2) The lobbyist shall not be required to file a supplemental registration pursuant to Paragraph (1) of this Subsection if the lobbyist begins representing an additional person after December thirty-first and the lobbyist timely files his renewal form during the period provided in Subsection C of this Section and the renewal form accurately and completely lists the lobbyist's employment and representation as of the time the lobbyist files the renewal form.
G. Each lobbyist shall pay a fee of one hundred ten dollars with each registration and each renewal of registration form filed. No additional fee shall be paid for filing supplemental registration forms.
H. Each lobbyist at the time of registration or filing a renewal of registration may file a registration or renewal of registration form that indicates that he is registering or renewing registration pursuant to this Part and Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950, relative to lobbying of the legislature. A lobbyist who indicates that he is registering pursuant to this Part and Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950 shall pay the fee required by this Section and the fee required by R.S. 24:53.
I. Any person who registers pursuant to this Part and who engages in lobbying on behalf of a foreign adversary as defined in R.S. 24:51 shall also register as provided in R.S. 24:53.1.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005; Acts 2008, 1st Ex. Sess., No. 13, §2, eff. Jan. 1, 2009; Acts 2008, No. 697, §2, eff. Jan. 1, 2009; Acts 2008, No. 709, §2, eff. Jan. 1, 2009; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2016, No. 418, §3; Acts 2022, No. 543, §2, eff. June 17, 2022; Acts 2023, No. 150, §20, eff. Jan. 10, 2024; Acts 2025, No. 394, §3, eff. Dec. 1, 2025.
A.(1) All reports, registrations, and statements required under this Part shall include a certification of accuracy by the person responsible for filing the report, registration, or statement that the information contained in the report, registration, or statement is true and correct to the best of his knowledge, information, and belief; that no reportable expenditures have been made that are not included therein as required by law; and that no information required by this Part has been deliberately omitted.
(2) Except as otherwise specifically provided in this Part, reports, registrations, and statements required under this Part shall be filed by mailing said documents through the United States Postal Service, delivering by hand or through a commercial delivery service, or by transmitting by facsimile or electronic transfer.
B. All reports, registrations, and forms filed with the ethics board shall be maintained as public records and shall be made available for public inspection. The ethics board may charge a reasonable amount for copies of such reports.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005; Acts 2008, 1st Ex. Sess., No. 13, §2, eff. Jan. 1, 2009.
NOTE: See Acts 2004, No. 116, §§4 and 5, re implementation, administration, and effectiveness.
A. Each lobbyist registered under the provisions of this Part shall file with the ethics board, in the manner prescribed by the ethics board by rule in accordance with the provisions of this Part, a report of all expenditures incurred for the purpose of lobbying.
B. A report shall be filed monthly. The report for each month shall be filed by the twenty-fifth day of the following month.
C.(1) The report shall be electronically filed using forms provided by the ethics board in a format suitable for use on the database required by R.S. 49:77(4). The electronic filing by a lobbyist of any report required under this Section shall constitute a certification that the information contained in the report is true and correct to the best of his knowledge, information, and belief; that no reportable expenditures have been made that are not included therein as required by law; and that no information required by this Part has been deliberately omitted.
(2) A lobbyist shall retain records that document all reports made pursuant to this Part for no less than three years.
D.(1) Each report shall include the following:
(a) A listing of each subject matter lobbied during each reporting period pursuant to R.S. 49:74(A)(4).
(b) The total of all expenditures made during each reporting period aggregated in the manner prescribed by the ethics board by rule.
(c) The aggregate total of expenditures attributable to an individual executive branch official during each reporting period, including the name of the executive branch official and his executive branch agency.
(d) The aggregate total of expenditures attributable to the spouse or minor child of a executive branch official during each reporting period. The name of the spouse or minor child shall not be included. The aggregate total of such expenditures shall be reported as follows:
"The aggregate total of expenditures attributable to the spouse of (insert name of executive branch official) was (insert aggregate total of expenditures).
The aggregate total of expenditures attributable to the minor child or children of (insert name of executive branch official) was (insert aggregate total of expenditures)."
(e) The aggregate total of expenditures for all reporting periods during the same calendar year, aggregated in the manner prescribed by the ethics board by rule.
(f) The aggregate total of all expenditures attributable to an individual executive branch official for all reporting periods during the same calendar year, including the name of the executive branch official and his executive branch agency.
(g) The aggregate total of all expenditures attributable to the spouse or minor child of an executive branch official for all reporting periods during the same calendar year. The name of the spouse or minor child shall not be included. The aggregate total of such expenditures shall be reported as follows:
"The aggregate total of expenditures attributable to the spouse of (insert name of executive branch official) for all reporting periods during the year was (insert aggregate total of expenditures).
The aggregate total of expenditures attributable to the minor child or children of (insert name of executive branch official) for all reporting periods during the year was (insert aggregate total of expenditures)."
(2) For the purposes of this Section, the aggregate amount or any per occasion amount attributable to an executive branch official or spouse or minor child of an executive branch official shall not include any expenditure which is otherwise required to be reported in Paragraph (E)(1) or (2) of this Section or which is exempt as provided in Paragraph (3) of this Section.
(3) For the purposes of this Section, the aggregate amount or any per-occasion amount attributable to an executive branch official or spouse or minor child of an executive branch official shall not include any expenditure made at an event that the executive branch official, spouse, or minor child did not attend.
E.(1) Each report shall include a statement of the expenditure for each reception, social gathering, or other function to which more than twenty-five executive branch officials are invited. Any report of such amount shall include the name of the group or groups invited and the date and location of the reception, social gathering, or other function.
(2)(a) Any expenditure, as defined in this Part, for any reception or social gathering sponsored in whole or in part by a lobbyist, individually or on behalf of a principal he represents, held in conjunction with a meeting of a national or regional organization of executive branch officials shall be reported by including the name of the national or regional organization, the date and location of the reception or social gathering, a general description of persons associated with the organization invited to attend the reception or social gathering, and the amount of the expenditure.
(b) The provisions of Subparagraph (a) of this Paragraph shall include without limitation any expenditure for any of the following:
(i) A single activity, occasion, reception, meal, or meeting held during the same time period and in the same general locale as a meeting of such an organization and to which some persons associated with the organization are invited.
(ii) A single activity, occasion, reception, meal, or meeting that is part of the scheduled activities at a meeting of such an organization and that is open to persons attending the meeting.
(3) Any expenditure for any meal or refreshment consumed by or offered to an executive branch official which is incidental to the executive branch official giving a speech, being a member of a panel, or otherwise being involved in an informational presentation to a group shall be exempt from the provisions of this Part.
F.(1)(a) Any expenditures by a lobbyist's principal or employer made in the presence of the lobbyist shall be reported by the lobbyist as provided in this Part.
(b) Any lobbyist's principal or employer who makes direct expenditures required to be reported pursuant to this Part shall timely furnish its lobbyist information about such expenditures as necessary for compliance with this Part. Such information shall be furnished to the lobbyist no later than two business days after the close of each reporting period.
(c) Any lobbyist's principal or employer who makes direct expenditures required to be reported pursuant to this Part who fails to provide its lobbyist the information regarding such expenditures as provided in Subparagraph (b) of this Paragraph shall be required to register as a lobbyist pursuant to this Part and shall be subject to penalties for violations of this Part.
(2)(a) Notwithstanding any provision of this Part to the contrary, a lobbyist's principal or employer may opt to file reports required by this Section in the manner prescribed by the ethics board by rule on behalf of all of the lobbyists who represent such principal's or employer's interests. If a lobbyist's principal or employer opts to file such reports, the principal or employer shall notify the ethics board no later than January thirty-first of each year, and such option shall be effective for the reporting of all expenditures made during that calendar year. The notification shall include a listing of all persons on whose behalf the lobbyist's principal or employer is filing the reports required by this Section.
(b) Any lobbyist whose principal or employer opts pursuant to this Paragraph to file the reports required by this Section shall timely furnish its principal or employer all information about expenditures as necessary for compliance with this Part. Such information shall be furnished to the principal or employer no later than two business days after the close of each reporting period.
(c) Any lobbyist's principal or employer who opts pursuant to this Paragraph to file the reports required by this Section who fails to file or timely file such reports shall be liable for and subject to any applicable late fees or penalties, or both for violations of this Part.
G. Each person required to file reports pursuant to this Part who is also required to file reports pursuant to Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950 may file a report which contains all of the information required by this Part and by Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005; Acts 2008, 1st Ex. Sess., No. 13, §2, eff. Jan. 1, 2009; Acts 2008, No. 709, §2, eff. Jan. 1, 2009; Acts 2009, No. 534, §3, eff. July 16, 2009; Acts 2016, No. 416, §2.
The ethics board, in performance of its duties under this Part, shall:
(1) Register lobbyists and assign lobbyist registration numbers as required by this Part.
(2) Issue to each registered lobbyist at the time of initial registration a copy of this Part and any rules adopted pursuant to this Part.
(3) Promulgate all rules and forms necessary for the implementation and administration of this Part, including but not limited to rules and forms to prescribe the level of organizational unit or units of an executive branch agency for which expenditures required to be reported pursuant to this Part shall be aggregated.
(4) Establish and maintain access to a searchable electronic database available to the public via the Internet.
(5) Promulgate forms which allow a lobbyist to register, renew registration, file supplemental registration forms, and file reports pursuant to this Part and by Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005; Acts 2008, 1st Ex. Sess., No. 13, §2, eff. Jan. 1, 2009; Acts 2008, No. 709, §2, eff. Jan. 1, 2009.
NOTE: See Acts 2004, No. 116, §§4 and 5, re implementation, administration, and effectiveness.
A. The ethics board shall be responsible for the enforcement of provisions of this Part. The provisions of Part III of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950 shall be applicable to enforcement of this Part.
B. No action to enforce any provision of this Part shall be commenced after expiration of two years after the occurrence of the alleged violation.
C. The ethics board shall have the authority to impose and collect penalties in accordance with the provisions of Part III of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950 for a violation of this Part. In addition, for recurring or egregious violations of this Part, the ethics board may censure any person found guilty of such violation by the ethics board and prohibit such person from lobbying for not less than thirty days and not more than one year.
D. In addition to any other applicable penalties:
(1)(a) Any person required to register and who fails to timely register and any person who fails to timely file any report required by this Part shall be assessed, pursuant to R.S. 42:1157, a late fee of fifty dollars per day.
(b) However, any person who fails to timely file a lobbyist expenditure report filed pursuant to R.S. 24:55(G) or R.S. 49:76(G) which contains all of the information required by this Part and Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950 shall be assessed, pursuant to R.S. 42:1157, a late fee of fifty dollars per day.
(2) Any person whose registration or report is filed eleven or more days after the day on which it was due may be assessed, in addition to any late fees pursuant to this Section, after a hearing by the board, a civil penalty not to exceed one thousand dollars.
(3) If the board determines that a person has filed a registration or report required by this Part that is inaccurate or incomplete, the board shall mail by certified mail a notice of delinquency informing the person that the inaccuracy must be corrected or the missing information must be provided no later than fourteen business days after receipt of the notice of delinquency. The notice of delinquency shall include the deadline for correcting the inaccuracy or providing the missing information. If the person corrects the inaccuracy or provides the missing information prior to the deadline contained in the notice of delinquency, no penalties shall be assessed against the person.
(4) Whoever fails to correct the inaccuracy or provide the missing information by the deadline included in the notice of delinquency shall be subject to penalties as provided by law.
(5) Any person who with knowledge of its falsity files a registration or report as required in this Part that contains a false statement or false representation of a material fact shall be subject to the assessment of the civil penalties provided in Part III of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950, and the findings of the board relative to such filing shall be referred by the board to the appropriate district attorney for prosecution pursuant to R.S. 14:133.
(6) The computation of days provided for in this Subsection shall not include Saturdays, Sundays, or other legal holidays.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005; Acts 2008, 1st Ex. Sess., No. 13, §2, eff. Jan. 1, 2009; Acts 2010, No. 857, §3; Acts 2024, No. 540, §4.
NOTE: See Acts 2004, No. 116, §§4 and 5, re implementation, administration, and effectiveness.
A. No person shall enter into a contract to act in a representative capacity for the purpose of lobbying and fail to register or fail to file a supplemental registration providing the name and address of the person by whom he is employed or engaged and, if different, whose interests he represents pursuant to such contract as required by this Part.
B. Any person who violates the provisions of Subsection A of this Section shall have engaged in a misrepresentation sufficient to defeat or void the contract such person entered into to act in a representative capacity for the purpose of lobbying. Any effort to register or to file a supplemental registration after any remedy or relief relative to such a violation is sought pursuant to any provision of law shall not be sufficient to reverse the misrepresentation.
C. The board shall afford any person accused of violating Subsection A of this Section a hearing in accordance with the provisions of Part III of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950. If the board finds that a person violated the provisions of Subsection A of this Section, the board shall order that the contract entered into for the purpose of lobbying by such person is void and the provisions thereof unenforceable.
D. The provisions of this Section shall be in addition to any other applicable penalties or any other remedy or relief provided by law.
Acts 2006, No. 748, §1, eff. Jan. 1, 2007.
NOTE: See Acts 2006, No. 748, §2, relative to application of Act to contracts entered into after Jan. 1, 2007.
A. No person having a claim or claims of any nature whatsoever against the state, shall be entitled to have it audited or paid or recognized in any manner, as long as that person is indebted to the state for licenses, taxes, or any other account.
B. Any person having a claim or claims of any nature whatsoever against the state, who also owes the state monies in excess of two hundred dollars shall have credited and set off the amount owed from any claim or claims paid to that person by the state. The provisions of this Subsection shall not apply to any nonprofit corporation recognized under federal law.
Acts 1988, No. 976, §1.
No claim or debt against the state shall be allowed by the state auditor or paid by the state treasurer after the lapse of ten years from the happening of the event or of the facts upon which any suit is founded or judgment rendered or of the execution of the contract under which the claim is made. No interruption or suspension whatsoever of this prescription shall be allowed. The provisions of this Section shall not apply to the claims, or the judgment rendered thereon, listed in Section 2 of Act No. 110 of 1946.
Employees in the state or city civil service, who have been illegally discharged from their employment, as found by the appellate courts, shall be entitled to be paid by the employing agency all salaries and wages withheld during the period of illegal separation, against which amount shall be credited and set-off all wages and salaries earned by the employee in private employment in the period of separation.
Added by Acts 1960, No. 191, §1.
A.(1) Every boat, watercraft, aircraft, automobile, truck, or other vehicle belonging to the state or to any of its political subdivisions, or to any department, board, commission, or agency of any of its political subdivisions shall, if required by law to bear a Louisiana license plate, bear a public license plate, and each such vehicle also shall have inscribed, painted, decaled, or stenciled conspicuously thereon, either with letters not less than two inches in height and not less than one-quarter inch in width or with an insignia containing not less than one hundred forty-four square inches, or if circular, not less than eight inches in diameter, the name of the board, commission, department, agency, or subdivision of the state to which the boat, watercraft, aircraft, automobile, truck, or other vehicle belongs, such as "Louisiana Department of Highways", or "Louisiana Conservation Commission", or "School Board-East Baton Rouge", or "Sheriff-East Baton Rouge", or "City of Baton Rouge"; however, recognized and approved abbreviations such as "La.", "Dept.", "Com.", "Bd.", and the like, may be used.
(2) Repealed by Acts 2003, No. 466, §2, eff. June 20, 2003.
B. The name of the board, commission, department, agency or political subdivision, in accordance with the provisions of Subsection A of this Section, shall be placed on the outside of the door on each side of every automobile, truck or other vehicle. If the vehicle is equipped with more than one door on each side, the name shall be placed on the outside of the doors nearest the front of the vehicle. In the case of boats and water craft, the name shall be placed on each side of the bow and, if there is sufficient room, on the stern.
C. All paintings, inscriptions or stencils shall be in a color that contrasts sharply with the color over which it is placed.
D. The individual whose responsibility it is to place the purchase order for any vehicle or water craft as provided by this Section shall be personally responsible for seeing that the agency name is placed thereon as required by this Section and shall do so within ten days after the delivery of such vehicle or water craft is receipted for and prior to delivery of such vehicle to the person or agency for whom the purchase was made.
E. Those vehicles used in crime prevention and detection and similar investigative work, which if identified as required by this Section could not be used effectively for such purposes, are exempt from the provisions of this Part, and, in addition, the vehicles used by the governor, lieutenant governor, statewide elected officials, the Louisiana School for the Deaf, the Louisiana School for the Visually Impaired, the Special School District, and any community and group homes and residential facilities administered by the Department of Children and Family Services or the Louisiana Department of Health are exempt from the provisions of this Part.
F. No officer or employee of the state or any of its political subdivisions shall drive or operate any publicly owned land vehicle, air craft or water craft not marked in accordance with the provisions of this Section, and no public officer or employee shall request, direct or permit any other public official or employee or any other person to drive or operate any such vehicle.
G. The head of any department or board of the state or any of its subdivisions who operates or who orders, requests or permits any employee under his control or supervision or any other person to operate any publicly owned land vehicle, water craft or air craft not marked in accordance with the provisions of this Section shall be guilty of a violation thereof. Each day upon which such a violation is committed shall be considered a separate offense.
H. The attorney general or any district attorney shall institute such action as is necessary to enforce or ensure the enforcement of and compliance with the provisions of this Section, and any interested citizen may initiate any civil action permitted by law to force compliance or to prevent operation or use of a vehicle not marked as required by this Section.
I. No law enforcement officer shall issue a citation for a violation of the motor vehicle laws of this state, unless the vehicle used for the apprehension bears the identifying insignia required by this Section and bar lights or grille lights, or the law enforcement officer is wearing a uniform identifying his authority. The provisions of this Subsection shall not apply in circumstances endangering public safety.
Amended by Acts 1962, No. 292, §1; Acts 1972, No. 707, §1; Acts 1993, No. 863, §1; Acts 1993, No. 941, §1; Acts 1997, No. 759, §2, eff. July 10, 1997; Acts 1998, 1st Ex. Sess., No. 148, §7; Acts 2003, No. 466, §2, eff. June 20, 2003; Acts 2014, No. 811, §27, eff. June 23, 2014; Acts 2019, No. 411, §5, eff. June 20, 2019.
In carrying out the purposes of this Part, the words "Louisiana", "Commission" and "Department" may be abbreviated in the usual and accepted form.
Whoever violates any provision of this Part shall be fined not less than twenty-five dollars nor more than fifty dollars for each such violation.
Amended by Acts 1962, No. 292, §1.
The provisions of R.S. 49:123, 49:124 shall not be applicable to those motor vehicles, water craft and air craft already identified in accordance with existing law.
Acts 1962, No. 292, §2.
A. Notwithstanding any other provision of law to the contrary, the state or any board, commission, department or agency of the state or any political subdivision of the state is hereby authorized to sell surplus movable property at public auction, in addition to the other methods provided by law for such sales. The unit of government so desiring to sell surplus movable property at public auction is authorized to employ qualified licensed auctioneers to handle said sale.
B. No sale at public auction shall be at a price which is less than is required by law, and all such sales shall be advertised in the manner provided by law.
C. The unit of government so desiring to sell surplus movable property at public auction shall reserve the right to reject any and all bids and remove said item of movable property from sale.
Acts 1972, No. 423, §1.
A. Prior to the sale of surplus electronic devices, any political subdivision of the state is hereby authorized to transfer surplus electronic devices to a nonprofit entity that is certified by R2 Solutions or the e-Stewards Initiative. In exchange for the electronic device, the nonprofit entity shall perform services that are proportionate to at least the value of the electronic device. These services shall, at a minimum, include the pick-up from the location specified by the transferring political subdivision and erasure of the hard drives or memory of the electronic device to certified standards in order to ensure personal privacy protection. The nonprofit shall also ensure environmental protection of the electronic device by a responsible recycling process that guarantees the electronic device shall not be disposed of in a sanitary landfill or solid waste disposal facility, as defined in R.S. 30:2153.
B. When used in this Section, "electronic device" shall mean a device or a component thereof that contains one or more circuit boards and is used primarily for data transfer or storage, communication, or entertainment purposes, including but not limited to desktop and laptop computers, computer peripherals, monitors, copying machines, scanners, printers, radios, televisions, camcorders, video cassette recorders, compact disc players, digital video disc players, MP3 players, telephones, including cellular and portable telephones, and stereos.
Acts 2014, No. 724, §1.
A. Promotional stickers for the America's WETLAND: Campaign to Save Coastal Louisiana may be placed on any watercraft, aircraft, automobile, truck, or other vehicle belonging to the state, or any agency, board, commission, district, or political subdivision of the state.
B. Every automobile, truck, or other vehicle belonging to the state or any political subdivision of the state, or to any department, board, commission, or agency of any political subdivision of the state shall be required to prominently display the official state anti-litter message issued by the office of environmental services within the Department of Environmental Quality.
Acts 2003, No. 466, §1, eff. June 20, 2003.
There is created the Public Buildings Board, to consist of the Governor as chairman, and the Director of Public Works, the Commissioner of Administration, the Director of Highways and the Superintendent of State Buildings as members.
Amended by Acts 1964, No. 263, §1.
The board shall meet on the call of the governor and a quorum shall consist of the chairman and board members.
The duties of the board shall be to examine, and approve or disapprove, plans for public buildings to be erected by and for the use of the state in the city of Baton Rouge, and more particularly:
(1) To select locations for public buildings to be erected and used by the state on the basis of the function to be performed by the building.
(2) To direct the spacing and arrangement of buildings that is best suited to the purpose to be served by the buildings and that will present the most pleasing appearance in relation to existing and future buildings.
(3) To select a type of architecture for buildings so that a pleasing external appearance in relation to other buildings will result.
(4) To insure adequate clearance with relation to existing streets or streets yet to be improved.
(5) To insure adequate and appropriately arranged parking areas so that streets in and around public buildings will not be unnecessarily congested.
No state public buildings may be erected in the city of Baton Rouge unless and until approved by the board and the approval certified to and promulgated by the Secretary of State.
A. No state building shall be erected in the area hereinafter defined as the State Capitol Complex and no bid for the construction thereof shall be accepted unless and until such construction has been approved by a majority of the elected members of both houses of the legislature and such approval has been certified to the division of administration by the president of the senate and the speaker of the house of representatives.
B. For the purposes of this section, the term state building shall be deemed to include any structure except levees which is financed by funds appropriated, dedicated or otherwise allocated from sources of revenues, fees, charges, assessments or other funds of the state.
C. For the purposes of this section, the term State Capitol Complex shall be deemed to apply to that area in the city of Baton Rouge, containing the State Capitol building and bounded on the south by North Street, on the west by the Mississippi River, on the north by Choctaw Drive, and on the east by the Kansas City Southern Railway tracks.
Added by Acts 1973, No. 91, §1.
The state, or any of its political subdivisions which constructs, repairs, or renovates a structure, wholly or partially, with state monies may place a plaque, sign, or other similar memorial on such structure. Each such plaque, sign, or memorial shall display the name of the governor and the district legislators in whose legislative district such structure is located, and in whose term of office the monies for such public structure were allocated. In addition, each such plaque, sign, or memorial shall display the percentage of state monies and their source used to fund the construction, repair, or renovation of such structure.
Acts 1984, No. 721, §1.
A. There is created the Division of State Buildings in the office of the governor which shall be administered by a superintendent of state buildings appointed by the governor. The superintendent of state buildings shall have charge of the management, operation, and maintenance of general public buildings of the state, including both the old and new governor's mansions.
B. The Division of State Buildings shall have custody and supervision of maintenance of the Old Governor's Mansion. Title to said property shall remain in the state of Louisiana, along with all buildings and other improvements constructed thereon. The buildings and grounds shall be maintained by the superintendent of state buildings out of regular appropriations made for such purposes.
C. For purposes of administration and supervision of the Old Governor's Mansion, the commissioner of administration shall have full authority over its grounds and all other buildings and improvements constructed thereon, and shall control any use made thereof and the space therein. He shall have further authority to transfer custody, supervision, and general administrative control for purposes of historic preservation, heritage education, maintenance, protection, and promotion of the building, historical collections, and artifacts and the historical integrity of the site to any public agency or nonprofit corporation with sufficient resources necessary to operate the said facility consistent therewith as its custodian in order to administer and to insure the future of the mansion and the value of its collections; and to honor the relationships and trusts established in the early years with the governors and their families who donated personal items for such purposes, as the said commissioner of administration may deem appropriate, according to the constitution and laws of the state of Louisiana, including R.S. 39:11 et seq.
Acts 1997, No. 183, §1.
No person shall be denied access to any public meeting in any public building or facility used or owned by the state or any political subdivision of the state because of race, color, creed, military status, or physical or mental disability. For purposes of this Section, a public meeting is a meeting which is advertised as being open to the general public.
Added by Acts 1976, No. 700, §1; Acts 1987, No. 277, §1; Acts 2025, No. 100, §3.
A.(1) In access to public areas, public accommodations, and public facilities, every person shall be free from discrimination based on race, religion, or national ancestry and from arbitrary, capricious, or unreasonable discrimination based on age, sex, military status, or physical or mental disability.
(2) For purposes of this Section, a public facility is defined as any publicly or privately owned property to which the general public has access as invitees and shall include such facilities open to the public as hotels, motels, restaurants, cafes, barrooms, and places of entertainment or recreation but shall not include any private club.
(3) For purposes of this Section, to determine whether an organization is a private club, the factors to be considered are:
(a) Selectiveness of the group in addition of members;
(b) Existence of formal membership procedures;
(c) Degree of membership control over internal governance, particularly with regard to new members;
(d) History of organization;
(e) Use of club facilities by nonmembers;
(f) Substantiality of dues;
(g) Whether the organization advertises; and
(h) Predominance of a profit motive.
(4) Anyone who is denied access to such facilities in violation of this Section shall have as his remedy the same state civil remedy as provided in Article 2315 of the Louisiana Civil Code that is applicable when one has been harmed or injured by another.
(5) The provisions of this Section shall not prohibit any religious or private institution of elementary, secondary, or higher education from denying access to any area, accommodation, or facility on the basis of religion or sex.
B. Notwithstanding any other provision of law, a defendant to a civil suit filed pursuant to this Section shall, if such cause of action is frivolous, have a civil remedy for damages and attorney's fees incurred as a result of the frivolous claim.
Added by Acts 1983, No. 357, §1; Acts 1987, No. 277, §1; Acts 2025, No. 100, §3.
The standards and specifications set forth in this Section shall apply to all state-owned buildings, educational institutions, and office buildings which are constructed, renovated or remodeled in whole or in part by the use of state funds, or the funds of any board, commission, agency, or department of the state; provided, however, that the provisions of this Subpart shall not apply to buildings constructed by parish or city school boards. All such buildings and facilities constructed, renovated, or remodeled in this state after July 27, 1966, shall conform to each of the standards and specifications prescribed herein for the purpose of making such buildings and facilities accessible to and usable by persons with physical disabilities, or standards and specifications reasonably similar thereto.
Added by Acts 1966, No. 204, §1; Acts 2014, No. 811, §27, eff. June 23, 2014.
A. All public walks shall be at least forty-eight inches wide and shall have a gradient not greater than five percent. These walks shall be of a continuing common surface, not interrupted by steps or abrupt changes in level. Wherever walks cross other walks, driveways or parking lots they shall blend to a common level. A walk shall have a level platform at the top which is at least five feet by five feet, if a door swings out onto the platform or toward the walk. This platform shall extend at least one foot beyond each side of the doorway. A walk shall have a level platform at least three feet deep and five feet wide, if the door does not swing onto the platform or toward the walk. This platform shall extend at least one foot beyond each side of the doorway.
B. At least one parking area shall be made accessible to the building by either placing it at the grade level of the building or providing ramps at curbs or steps between the parking area and the building.
C. Where ramps with gradients are necessary or desired, they shall conform to the following specifications:
(1) The ramp shall not have a slope greater than one foot rise in twelve feet, or 8.33 per cent, or four degrees fifty minutes.
(2) The ramp shall have handrails on at least one side, and preferably two sides. The top of handrails shall be thirty-two inches above the surface of the ramp and shall extend one foot beyond the top and bottom of the ramp.
(3) The ramp shall be at least thirty-two inches wide (inside clear measurements) and have a surface that is nonslip.
(4) If a door swings out onto the platform or toward the ramp, the platform of the ramp shall be at least five feet by five feet. This platform shall be clear of door frame.
(5) If the door does not swing onto the platform or toward the ramp, this platform shall be at least three feet deep and five feet wide. This platform shall be clear of door frame.
(6) The bottom of the ramp shall have at least a six foot level run.
(7) Where the ramp exceeds thirty feet in length, level platforms shall be provided at thirty foot intervals. Level platforms shall also be provided at turns in the ramp. Platforms shall be at least thirty-two inches wide by five feet long.
D.(1) Each building shall have at least one entrance which is accessible to individuals in wheelchairs. If the building is to be equipped with elevators, this entrance shall provide access to elevators either on a level plane or by ramp.
(2) Doors shall have a clear opening of no less than thirty-two inches when open and shall be operable by a single effort. The floor on the inside and outside of each doorway shall be level for a distance of five feet from the door in the direction the door swings and shall extend one foot beyond each side of the door. Sharp inclines and abrupt changes in level shall be avoided at doorsills. As much as practicable, thresholds shall be flush with the door.
E. Steps in stairs shall be designed wherever practicable so as not to have abrupt (square) nosing. Stairs shall have handrails thirty-two inches high as measured from the tread at the face of the riser. Stairs shall have at least one handrail that extends at least eighteen inches beyond the top step and beyond the bottom step. Steps should, wherever possible, and in conformation with existing step formulas, have risers that do not exceed seven inches.
F. Floors shall wherever practicable have a surface that is nonslip. Floors on the same story shall be of a common level throughout or be connected by a ramp in accord with Subsection C of this Section.
G.(1) An appropriate number of toilet rooms shall be accessible to, and usable by, persons with physical disabilities and shall have space to allow traffic of individuals in wheelchairs.
(2) An appropriate number of toilet rooms shall have at least one toilet stall that: (a) is four feet and four inches wide, (b) is at least four feet eight inches, preferably five feet, deep, (c) has a door, where doors are used, that is thirty-two inches wide and swings out, (d) has handrails on each side, thirty-three inches high and parallel to the floor, one and one-half inches in outside diameter, with one and one-half inches clearance between rail and wall, and fastened securely at ends and center, and (e) has a water closet with the seat 20 inches from the floor.
(3) An appropriate number of toilet rooms shall have narrow aprons, which when mounted at standard height are usable by individuals in wheelchairs; or shall have lavatories mounted two inches or more from the wall and thirty-one inches from bottom rim to floor for knee space and accessibility to individuals in wheelchairs.
(4) Mirrors and shelves shall be provided above lavatories at a height as low as practicable and no higher than forty inches above the floor, measured from the top of the shelf and the bottom of the mirror.
(5) An appropriate number of toilet rooms for men shall have an appropriate number of wall-mounted urinals with the opening of the basin nineteen inches from the floor, or shall have floor-mounted urinals that are on level with the main floor of the toilet room.
(6) An appropriate number of toilet rooms shall have an appropriate number of towel racks, towel dispensers, and other dispensers and disposal units mounted no higher than forty inches from the floor.
H. An appropriate number of water fountains or other water-dispensing means shall be mounted thirty inches above the floor and in a way which will make them usable by persons with physical disabilities. Water fountains or coolers shall be hand-operated or hand-and-foot operated.
I. Where elevators are to be provided they shall be accessible to, and usable by, persons with physical disabilities at all levels normally used by the general public. Elevators shall be designed to allow for traffic by wheelchairs.
J. Switches and controls for light, heat, ventilation, windows, draperies, elevators, fire alarms, and all similar controls of frequent or essential use, shall be placed within the reach of individuals in wheelchairs.
K. Every effort shall be exercised to obviate all hazards to individuals with physical disabilities.
L. In addition to the requirements contained in Subsections A through K of this Section, each building to which this Subpart applies shall comply with the American Standard Specifications for Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped, as approved on October 31, 1961 by the American Standards Association.
Added by Acts 1966, No. 204, §1; Acts 2014, No. 811, §27, eff. June 23, 2014.
A. The state fire marshal shall be responsible for enforcement of R.S. 49:148 and 49:148.1. When conducting inspections authorized by R.S. 49:148 and 49:148.1 the authorized agents of the state fire marshal shall determine whether each building covered by R.S. 49:148 has met the specifications set forth in R.S. 49:148.1. If the state fire marshal or his agents find that the specifications set forth in R.S. 49:148.1 are not met, the state fire marshal shall order the state board, commission, department or agency responsible for the construction, remodeling or renovation of the building to make the necessary alterations within a reasonable time specified by the state fire marshal. No construction, remodeling or renovation shall be finally accepted by the authority ordering it unless the state fire marshal has furnished the authority with a certificate attesting that the construction, remodeling or renovation has met the standards set forth in this Subpart.
B. On projects where compliance with any regulation of this Subpart is judged by the project architect or engineer to be unreasonable, the architect or engineer may so notify the contracting authority in writing, in which event the contracting authority may authorize in writing a deviation from the compliance with such regulation.
Added by Acts 1966, No. 204, §1.
In the public interest, it is hereby urged that all political subdivisions of the state and all private enterprise make an effort to adhere to the structural standards herein stated in the construction, remodeling and renovation of buildings used by the public.
Added by Acts 1966, No. 204, §1.
A. The requirements set forth in this Section shall apply to the state-owned buildings, educational institutions, and office buildings provided for in Subsection C of this Section which are constructed, renovated, or remodeled in whole or in part by the use of state funds, or the funds of any board, commission, agency, or department of the state, referred to hereafter as "state buildings"; provided, however, that the provisions of this Subpart shall not apply to buildings constructed by parish or city school boards.
B. The state buildings provided for in Subsection C of this Section shall provide suitable accommodation in the form of a room, other than a toilet stall, for the exclusive use of women to breastfeed a child or express breast milk. Such accommodation shall have, at minimum, all of the following features:
(1) A lockable door.
(2) A work surface and chair.
(3) Storage for cleaning supplies.
(4) Conveniently placed electrical outlets.
C. On or before July 1, 2016, the superintendent of the office of state buildings shall cause to be constructed in exactly twenty state buildings rooms of the type provided for in this Subpart, in a number of at least one room per building. The superintendent shall select the buildings in which the specified rooms shall be constructed according to criteria including but not limited to the following:
(1) The superintendent shall consider the particular design aspects of different areas within public buildings in order to determine feasibility of construction of the specified room and to carry out such construction in a manner that minimizes cost. State general fund (direct) shall not be used for the construction of the specified room.
(2) The superintendent shall consider the estimated demand for utilization of the specified room by employees domiciled in the building and the public.
D. Subject to appropriation, the office of state buildings may construct rooms of the type provided for in this Subpart in a number of public buildings greater than ten.
E. To carry out the provisions of this Subpart, the office of state buildings may contract for and accept private contributions, gifts, and grants, or in-kind aid from the federal government, the state, or any other source.
Acts 2011, No. 269, §1, eff. July 1, 2012; Acts 2014, No. 681, §1, eff. June 18, 2014.
Repealed by Acts 2022, No. 507, §3, eff. June 16, 2022.
Repealed by Acts 2022, No. 507, §3, eff. June 16, 2022.
Repealed by Acts 2022, No. 507, §3, eff. June 16, 2022.
Repealed by Acts 2022, No. 507, §3, eff. June 16, 2022.
Repealed by Acts 2022, No. 507, §3, eff. June 16, 2022.
Repealed by Acts 2022, No. 507, §3, eff. June 16, 2022.
The state office building situated in the city of New Orleans and having the municipal address of 325 Loyola Avenue is hereby named, and shall hereafter be known as, the Governor Sam Houston Jones Building.
Added by Acts 1978, No. 182, §1. Acts 1993, No. 153, §2.
The state building situated in the city of Baton Rouge, having the municipal address of 626 North Fourth Street, and generally known as the education building is hereby named, and shall hereafter be known as, the William J. "Bill" Dodd Building.
Acts 1993, No. 153, §1.
Any floor of any state building upon which the executive offices of the Department of Children and Family Services are located shall be dedicated to the honor and memory of Mya George and all victims of child abuse.
Acts 1995, No. 727, §1; Acts 2006, No. 585, §1; Acts 2007, No. 154, §1, eff. June 25, 2007.
The state building situated in the city of Lake Charles, having the municipal address of 1000 Main Street, and generally known as the Third Circuit Court of Appeal Building is hereby renamed, and shall hereafter be known as, the Justice Albert Tate, Jr. Building.
Acts 1997, No. 386, §1.
A. The area bounded on the northwest by Royal Street to the intersection with St. Louis Street, on the northeast by St. Louis Street to the intersection with Chartres Street, on the southeast by Chartres Street to the intersection with Conti Street, and on the southwest by Conti Street to the intersection with Royal Street, in the city of New Orleans, on which is located the state building having the municipal address of 400 Royal Street, and generally known as the Department of Wildlife and Fisheries Building, is hereby named and shall hereafter be known as the Judge Fred J. Cassibry Square.
B. In recognition of the Judge Fred J. Cassibry Square, the Supreme Court of Louisiana shall place and permanently display in a prominent position as near as practical to the entrance of the Louisiana Supreme Court Building a plaque, or appropriate memorial, honoring Judge Fred J. Cassibry, as well as displaying a plaque at a prominent location in the square.
Acts 1999, No. 708, §1.
The state building located in New Orleans and having a municipal address of 400 Royal Street, and generally known as the Louisiana Supreme Court building, is hereby designated and shall hereafter be known as the "Chief Justice Pascal F. Calogero, Jr., Courthouse".
Acts 2019, No. 429, §1.
The state building situated in the city of Shreveport, having the municipal address of 430 Fannin Street and generally known as the Second Circuit Court of Appeal Building, is hereby named and shall hereafter be known as the Pike Hall, Jr., Courthouse.
Acts 2000, 1st Ex. Sess., No. 72, §1.
The building situated in the city of Covington, having the municipal address of 1304 Columbia Street, and generally known as the St. Tammany Livestock Show Facility is hereby named and shall hereafter be known as the Bobby Fletcher Agricultural Center.
Acts 2003, No. 329, §1.
No state building constructed in whole or in part with public funds and the title to which stands in the name of the state shall be named unless the proposed name is submitted to and approved by Committee on Senate and Governmental Affairs and the Committee on House and Governmental Affairs, meeting jointly. No action shall be taken by the joint committee, except by the favorable vote of a majority of the members thereof from each house present and voting, each house voting separately.
Acts 2004, No. 646, §1.
The state building situated in the city of Baton Rouge, having the municipal address of 9071 Interline Avenue and wherein the primary administrative offices of the Louisiana Real Estate Commission are located, is hereby named, and shall hereafter be known as, the J.C. Willie Building.
Acts 2008, No. 557, §1, eff. June 30, 2008.
The new University Medical Center/Louisiana State University Hospital currently under construction in the city of New Orleans is hereby named, and shall hereafter be known as, the Reverend Avery C. Alexander Academic Research Hospital.
Acts 2012, No. 769, §1, eff. June 12, 2012.
The state building situated in the city of Harvey, having the municipal address of 2150 Westbank Expressway Trail, and generally known as the office of motor vehicles of Harvey, is hereby named and shall hereafter be known as the Senator Chris Ullo Building.
Acts 2015, No. 148, §1, eff. June 23, 2015.
The area encompassing state buildings and grounds in the city of Lafayette bounded by West Congress Street to the north, Bertrand Drive to the west, Reinhardt Drive and Souvenir Gate to the south, and the coulee feeding into Coulee Mine to the east, and containing facilities generally known as the Ragin' Cajun Athletics Complex, the Cajundome, and the Cajundome Convention Center, is hereby named and shall hereafter be known as the Edgar G. "Sonny" Mouton, Jr. Sports and Entertainment Plaza.
Acts 2016, No. 492, §1, eff. June 13, 2016.
The state building situated in the city of Baton Rouge, having the municipal address of 5439 Airline Highway, and generally known as the LSU Health North Clinic and Urgent Care facility, is hereby named and shall hereafter be known as the Willie F. Hawkins Emergency Care Center.
Acts 2018, No. 514, §1, eff. May 23, 2018.
The state building situated in the city of Baton Rouge, having the municipal address of 3388 Brentwood Drive, and generally known as the Louisiana Board of Pharmacy building, is hereby named and shall hereafter be known as the Carl W. Aron Building.
Acts 2022, No. 409, §1, eff. June 15, 2022.
The state building situated in the community of Grand Chenier, having the municipal address of 5476 Grand Chenier Highway, and generally known as Rockefeller Wildlife Refuge main office building, is hereby named and shall hereafter be known as the J. Burton Angelle Building.
Acts 2022, No. 418, §1, eff. June 15, 2022.
The state building situated in the city of Baton Rouge, having the municipal address of 1201 Capitol Access Road, and generally known as the Department of Transportation and Development headquarters building, is hereby named and shall hereafter be known as the Governor P.B.S. Pinchback Building.
Acts 2023, No. 95, §1.
A. The Rev. Avery C. Alexander Plaza shall be established on public lands bounded by Gravier Street, Lake Ponchartrain Expressway, Claiborne Avenue, and Simon Bolivar/Loyola Avenue.
B. A bust or likeness of Rev. Avery C. Alexander shall be erected within the boundaries of the designated location for the plaza.
C. There is hereby created the Rev. Avery C. Alexander Memorial Commission, hereinafter called "the commission". The commission shall consist of the following members:
(1) The chairman of the Senate Committee on Local and Municipal Affairs or the chairman's designee who shall be a member of the Louisiana Senate.
(2) The chairman of the House Committee on Municipal, Parochial and Cultural Affairs or the chairman's designee who shall be a member of the Louisiana House of Representatives.
(3) The Louisiana state senator who represents the district where the plaza will be located.
(4) The Louisiana state representative who represents the district where the plaza will be located.
(5) A member of the Louisiana Senate appointed by the president of the Senate.
(6) A member of the Louisiana House of Representatives appointed by the speaker of the House of Representatives.
(7) The Southern Christian Leadership Conference (SCLC) shall recommend and appoint from among its membership one member.
(8) The mayor of New Orleans may appoint two members.
(9) The city councilman who represents the district where the plaza is located or his designee.
(10) The governor may appoint two members.
(11) The Grassroots Organizations for Women (GROW) shall recommend and appoint from among its membership one member.
(12) The Board of Commissioners of the Louisiana Stadium and Exposition District shall appoint from among its membership one member.
D.(1) The commission shall determine the amount needed to fund the creation of the bust or likeness to be erected, the exact location where the bust or likeness shall be erected, the dedication of the bust, and all other decisions relative to the provisions of this Section.
(2) The chairman of the Senate Committee on Local and Municipal Affairs shall serve as chair and shall call the first meeting of the commission during the month of August 1999. The Senate Committee on Local and Municipal Affairs shall aid and assist the commission in all staffing duties, including notifying all members of meeting information, recording minutes, etc. At the first meeting of the commission, the members shall elect a vice chairman, secretary, and any other officers needed.
(3) No member of the commission, with the exception of legislative members, shall receive compensation for services rendered in his capacity as a member of the commission.
(4) Legislative members of the commission shall receive the same per diem and travel allowance for attending meetings of the commission or any meeting thereof as is normally provided for members of the legislature.
(5) The commission may directly or indirectly receive donations and grants from individuals, corporations, private foundations, and local, state, and federal governmental agencies, entities, or subdivisions in order to further the provisions of this Section.
(6) The commission shall choose a financial institution in which to establish a trust fund for the receiving of all monies and the disbursement of funds.
(7) The commission shall expire December 31, 2014.
Acts 1999, No. 1234, §1; Acts 2006, No. 553, §1, eff. June 22, 2006; Acts 2010, No. 745, §3.
A. The A. Z. Young Park shall be established on public lands formerly occupied by the state building known as the A. Z. Young Building situated in the city of Baton Rouge, having the municipal address of 755 North Third Street, and bounded by the LaSalle Building, North Third Street, the Pentagon Barracks, and the Capitol Park Welcome Center.
B. In recognition of the A. Z. Young Park, the division of administration shall place and permanently display in a prominent location in the park a plaque and memorial honoring A. Z. Young. In addition, any dedication or memorial to A. Z. Young formerly contained within the former state building known as the A. Z. Young Building shall be placed in a suitable location on the grounds of the park.
C. Repealed by Acts 2009, No. 438, §5(B).
Acts 2007, No. 154, §1, eff. June 25, 2007; Acts 2009, No. 438, §5(A), (B).
The bivalve hatchery situated on Grand Isle owned by the Department of Wildlife and Fisheries is hereby named, and shall hereafter be known as, the "Michael C. Voisin Hatchery".
Acts 2013, No. 2, §1.
A. Notwithstanding any other provision of law to the contrary, and particularly any contrary provision of R.S. 49:149.62, the allocation and use of space within the A.Z. Young Park grounds shall be as provided in this Section. The provisions of this Section shall apply to a portion of ground situated in the city of Baton Rouge, having the municipal address of 755 North Third Street, and bounded by the LaSalle Building, North Third Street, the Pentagon Barracks, and the Capitol Park Welcome Center.
B. Except as otherwise provided in this Section, there shall be placed upon the A.Z. Young Park grounds, in a prominent place, a memorial statue of the Reverend Dr. T.J. Jemison, subject to the availability of private funds for its planning, construction, and maintenance.
C.(1) In recognition of Reverend Dr. T.J. Jemison, the Department of Culture, Recreation and Tourism shall choose a prominent place within A.Z. Young Park to display the memorial statue of Reverend Dr. T.J. Jemison. The design, content, and location of the statue shall be subject to the approval of the Reverend Dr. T.J. Jemison Memorial Commission. In addition, any dedication of funds for the memorial statue shall be placed in an account for such purpose in accordance with the guidelines managed by the Baton Rouge Area Foundation. The funds shall be used for funding the design, content, construction, and maintenance of a Reverend Dr. T.J. Jemison statue on the grounds of the A.Z. Young Park in Baton Rouge and for future initiatives relative to Reverend Jemison's legacy.
(2) The funds collected shall be deposited into the Reverend Dr. T.J. Jemison Memorial Statue account and managed by the Baton Rouge Area Foundation for the purposes as outlined in Paragraph (1) of this Subsection.
D.(1) There is hereby created the Reverend Dr. T.J. Jemison Memorial Commission within the legislative branch of state government. The commission shall consist of the following members:
(a) The living descendants of the first degree of Reverend Dr. T.J. Jemison, or their designees.
(b) One child of a descendant of the first degree of Reverend Dr. T.J. Jemison, or his designee.
(c) Two persons who shall be ministers selected by the living descendants of the first degree of Reverend Dr. T.J. Jemison.
(d) The member of the House of Representatives from District 67.
(e) The member of the Senate from District 14.
(2) The first meeting of the commission shall occur during the month of February of 2016 and shall be called and presided over by the member of the Senate. At such meeting the commission shall select its chairman, vice chairman, and any other officers it deems necessary. The commission shall meet as necessary thereafter to carry out its duties. Members of the commission shall serve without compensation, except that legislative members shall receive such compensation and reimbursement as is allowed by the rules of each member's respective house of the legislature.
(3) The duties of the commission shall include:
(a) Making recommendations regarding and approving the design and content of the memorial statue in accordance with state law.
(b) Making recommendations regarding and approving the location of the memorial statue.
(4) The provisions of this Subsection shall expire on February 15, 2026, and the commission shall be abolished on such date.
Acts 2015, No. 154, §1.
A. There shall be placed within Memorial Hall a bust or other appropriate memorial of the first African-American lieutenant governor, Oscar James Dunn, who served Louisiana from 1865 until 1871, subject to the available funds for its planning, construction, and maintenance.
B.(1) The chairman of the Legislative Black Caucus, the speaker of the House of Representatives, and the president of the Senate, in consultation with the members of the family of Oscar James Dunn, shall determine the design and related content of the memorial of Oscar James Dunn. The speaker of the House of Representatives and the president of the Senate shall determine the placement of the memorial within Memorial Hall.
(2) There is hereby created in the state treasury, as a special fund, the Oscar Dunn Memorial Fund, referred to in this Section as the "fund". Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on the investment of monies in the fund shall be deposited in and credited to the fund. Monies in the fund shall be administered by the presiding officers of the legislature and used solely to provide funding for the Oscar Dunn Memorial pursuant to this Section. The funds shall be used for funding the design, content, construction, and maintenance of the Oscar James Dunn memorial in Memorial Hall.
Acts 2022, No. 392, §1, eff. June 10, 2022.
NOTE: Acts 202, No. 392, §2, regarding transfer of $75,000 into Oscare Dunn Memorial Fund.
A. Notwithstanding any other provision of law to the contrary, and particularly any contrary provision of R.S. 49:146, the allocation and use of space within the state capitol, pentagon courts buildings, and the Old Arsenal Museum shall be as provided in this Subpart. The provisions of this Subpart shall apply to the subbasement, basement, and all floors of the state capitol, all buildings in the pentagon courts, and the Old Arsenal Museum.
B. The fourth floor and three floors of the state capitol building shall be allocated to and be used by the governor for his office, the offices of the members of his personal staff, and the offices of such other personnel of agencies within the office of the governor as the governor shall determine.
C. In addition to the provisions of Subsection B of this Section, four floors of the state capitol building shall be designated for use by the attorney general and one floor of the state capitol building shall be designated for use by the treasurer and the secretary of state. That space leased to members of the press on July 1, 1979, by the division of administration shall constitute the press area of the capitol and shall be under the control of the governor; provided however, if renovations require temporary or permanent reassignment of the press to another area of the capitol such reassignment shall be determined and made jointly by the governor, the speaker of the House of Representatives, and the president of the Senate.
D. The designation of the eight floors as set forth in Subsections B and C of this Section, not including the fourth floor, shall be jointly determined by the governor, the speaker of the House of Representatives, and the president of the Senate.
E.(1) All areas of the state capitol, pentagon courts buildings, and Old Arsenal Museum not allocated under the provisions of Subsections B and C of this Section shall be for the sole use of the legislature, its agencies and officers, and the employees of the legislature and its agencies. In addition, the former nurses' dormitory at the Our Lady of the Lake Hospital, located on Capitol Lake, shall be for the sole use of the legislature, its agencies and officers, and the employees of the legislature and its agencies until such time as it shall be renovated in accordance with the Capitol Complex Master Plan and it shall then revert to the control of the division of administration.
(2) The time at which such renovation shall begin shall be determined jointly by the president of the Senate, the speaker of the House of Representatives, and the commissioner of administration. The allocation of these areas shall be made by the legislature by joint rule or through the Legislative Budgetary Control Council.
F. Except as otherwise provided in this Section, the director of the office of state buildings shall have charge of the management, operation, and maintenance of the state capitol building, pentagon courts buildings, the Old Arsenal Museum, and the capitol complex grounds. In the performance of the duties specified in this Subsection, the director shall be under the authority and direction of the governor, the speaker of the House of Representatives, and the president of the Senate.
G. In accordance with R.S. 25:781 through 785 and subject to the joint approval and oversight of the governor, the president of the Senate, and the speaker of the House of Representatives, the director of the office of state buildings shall:
(1) Set aside and maintain an area on the grounds of the state capitol east of the Old Arsenal Museum for a memorial honoring law enforcement officers and firefighters who are killed in the line of duty;
(2) Plan, implement, and maintain the memorial itself; and
(3) Establish and maintain a fund to consist of private donations, grants, and other similar, but non-state, monies which he shall use with respect to the establishment, and maintenance of the memorial.
H.(1) Subject to the joint approval and oversight of the governor, the president of the Senate, and the speaker of the House of Representatives, the director of the office of state buildings shall do all of the following:
(a) Set aside and maintain an appropriate area accessible to the public on the east side of the state capitol on the grounds surrounding the Old Arsenal Museum known as the Louisiana Veterans Memorial Park, for a monument honoring the sacrifices of Louisiana Gold Star Families.
(b) Plan, implement, and maintain the monument.
(2) The funding source for the initial construction of the monument shall consist solely of private donations, grants, and other nonpublic monies; however, public funds may be used to maintain the monument.
I.(1) Subject to the joint approval and oversight of the governor, the president of the Senate, and the speaker of the House of Representatives, the director of the office of state buildings shall do all of the following:
(a) Set aside and maintain an appropriate area accessible to the public on the east side of the state capitol on the grounds surrounding the Old Arsenal Museum, known as the Louisiana Veterans Memorial Park, for a monument honoring the service and sacrifices of African-American military service members and their families throughout the history of the United States of America, including their service and sacrifices in the longest siege in American history at Port Hudson during the American Civil War, and their service and sacrifices in World War I, World War II, the Korean War, the Vietnam War, the Gulf War, Operation Enduring Freedom, and Operation Iraqi Freedom, among other conflicts.
(b) Plan, implement, and maintain the monument.
(2) The funding source for the initial construction of the monument shall consist solely of private donations, grants, and other nonpublic monies; however, public funds may be used to maintain the monument.
Amended by Acts 1979, No. 204, §1; Acts 1984, No. 882, §1, eff. July 20, 1984; Acts 1987, No. 260, §1; Acts 1989, No. 710, §1; Acts 2018, No. 1, §1, eff. April 19, 2018; Acts 2021, No. 432, §1, eff. June 21, 2021.
A. Unlicensed motor vehicles owned by any state agency with offices physically located within the state capitol complex may be operated within the complex, and such unlicensed motor vehicles are hereby exempt from the requirements of R.S. 32:1 et seq. under the following circumstances:
(1) The vehicles are used and operated within the state capitol complex between the hours of 7:00 a.m. and 5:00 p.m. while under the direct supervision and operation of current employees of the agency owning the vehicle.
(2) The vehicles are outfitted with safety and other equipment as specified by the superintendent of the office of state buildings.
B. For purposes of this Section, "state capitol complex" shall have the same meaning as that contained in R.S. 49:149.1.
Acts 2003, No. 427, §1, eff. June 18, 2003.
A. There shall be a public seal, which shall include the pelican tearing its breast to feed its young, for the purpose of authenticating the acts of the government of the state of Louisiana.
B. The Secretary of State shall be keeper, and shall affix the public seal to all official acts, the laws alone excepted.
C. The design of the seal depicting the pelican tearing at its breast to feed its young shall include an appropriate display of three drops of blood. No state agency shall discard or otherwise dispose of flags, stationery, or any other device that depicts the state seal to accomplish the purposes of this Section, but shall take the appropriate actions to implement the new depiction of the state seal. Nothing in this Section shall preclude the secretary of state from utilizing the new design of the seal in conducting the ordinary business of the state.
Acts 2006, No. 92, §1.
The flag of the United States shall wave from sunrise to sunset every day, over the State Capitol and the public departments and institutions of the state and over the court houses in the several parishes during the sessions of the courts.
Public officers shall enforce and execute the provisions of this Section.
Amended by Acts 1954, No. 449, §1.
A. The official flag of Louisiana shall be that flag now in general use, consisting of a solid blue field with the coat-of-arms of the state, the pelican tearing its breast to feed its young, in white in the center, with a ribbon beneath, also in white, containing in blue the motto of the state, "Union, Justice and Confidence", the whole showing as below. The design of the flag depicting the pelican tearing at its breast to feed its young shall include an appropriate display of three drops of blood.
B. The state flag shall wave from sunrise to sunset every day, over the State Capitol and the public departments and institutions of the state and over the court houses in the several parishes during the sessions of the courts.
C. The state flag shall wave during the regular school hours every day of the school year over the public institutions of learning in the state that are now flying the United States flag and all other public institutions of learning in the state are authorized to fly the state flag.
Amended by Acts 1954, No. 449, §1; Acts 1964, No. 390, §1; Acts 1966, No. 42, §1; Acts 2006, No. 92, §1.
The POW/MIA flag shall be displayed beneath the Louisiana state flag, and shall wave from sunrise to sunset each day over the state capitol.
Acts 1995, No. 1256, §1.
A. The United States flag and the state flag shall be flown at the state capitol in accordance with R.S. 49:152 and 153, and any other flag shall be flown at the state capitol as provided by law.
B. The governor shall order that all flags flown above the state capitol shall be flown at half-mast during the period of mourning following the death of a sitting or former state legislator, or following the death of a sitting or former statewide elected official. The period of mourning is defined as the day of death and the day following the death.
Acts 1999, No. 370, §1.
The legislature does hereby recognize that the people of the former Republic of Vietnam, also known as South Vietnam, were valiant in their resistance to the aggression of the communist North Vietnam. The legislature further finds that refugees from the former Republic of Vietnam who emigrated to the United States of America and settled in the state of Louisiana should be honored and remembered for their sacrifices. Therefore, the only flag depicting the country of Vietnam that may be displayed in any state-sponsored public function or any public institution of learning shall be the flag of the former Republic of Vietnam.
Acts 2003, No. 1277, §1, eff. July 12, 2003.
The magnolia shall be the state flower of the State of Louisiana.
There shall be an official state wildflower. The official state wildflower shall be the Louisiana iris (Giganticaerulea). Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 1990, No. 511, §1.
A. The official state song for the state of Louisiana shall be the musical composition with words and music by Jimmy H. Davis and Charles Mitchell, entitled "You Are My Sunshine"; the words reading as follows:
Verses:
The other night, dear
As I lay sleeping
I dreamed I held you in my arms
When I awoke, dear
I was mistaken
And I hung my head and cried;
I'll always love you
And make you happy
If you will only say the same
But if you leave me
To love another
You'll regret it all some day;
You told me once, dear
You really loved me
And no one else could come between
But now you've left me
And love another
You have shattered all my dreams;
Louisiana my Louisiana
the place where I was borne.
White fields of cotton
--green fields of clover,
the best fishing
and long tall corn;
Crawfish gumbo and jambalaya
the biggest shrimp and sugar cane,
the finest oysters
and sweet strawberries
from Toledo Bend to New Orleans;
Chorus:
YOU ARE MY SUNSHINE
My only sunshine
You make me happy
When skies are grey
You'll never know dear
How much I love you
Please don't take my sunshine away.
B. The official state cultural song for the state of Louisiana shall be the musical composition with words and music by Allen Toussaint, entitled "Southern Nights", which was inspired by Allen Toussaint's time spent in Terrebonne Parish; the words reading as follows:
Southern nights
Have you ever felt a Southern night?
Free as a breeze
Not to mention the trees
Whistling tunes that you know and love so
Southern nights
Just as good even when closed your eyes
I apologize
To any one who can truly say
That he's found a better way
Southern skies
Have you ever noticed southern skies?
Its precious beauty
Lies just beyond the eye
It goes running through the soul
Like the stories told of old
Old man
He and his dog that walk the old land
Every flower touched his cold hand
As he slowly walked by
Weeping willows would cry for joy
Joy
Feels so good
Feels so good it's frightening
Wish I could
Stop this world from fighting
La-da-da-da-da, da-la-da-da-da-da
Da-da-da-da-da-da, da-da-da, da-da-da
Mystery
Like this and many others
In the trees
Blow in the night
In the southern skies
Southern nights
They feel so good it's frightening
Wish I could
Stop this world from fighting
Da-da-da-da-da, da-da-da-da-da-da
Da-da-da-da-da-da, la-da-da, da-da-da-da, da-da-da-da-da-da...
Amended by Acts 1970, No. 431, §1; Acts 1977, No. 540, §1; Acts 2021, No. 471, §1.
1On authority of R.S. 24:253, the music has been omitted from the Revised Statutes.
There shall be, and is, hereby adopted and established as the official state march song for the state of Louisiana, a musical composition, with lyrics by Sammie McKenzie and Lou Levoy and music by Castro Carazo, and entitled, Louisiana My Home Sweet Home; the said lyrics reading as follows:
Verse:
Kissed by the Gulf's mighty stream,
A lovely state, LOUISIANA,
Where sweet magnolias, so rare,
Perfume the air
With fragrance that's supreme.
God bless our lovely state.
It's a paradise right here on earth.
Chorus:
LOUISIANA, LOUISIANA,
It's beauty's always aglow.
Moss covered shade trees
Sway in the cool breeze
While lazy bayous flow.
The sugar cane gleams
Beneath the moonbeams
That light the Heaven's silvr'y dome.
Deep in the Southland
There is a dreamland:
LOUISIANA, my home, sweet home.
Acts 1952, No. 196, §1.
There shall be, and is, hereby adopted and established as the official state environmental song for the state of Louisiana, a musical composition, with lyrics and music by Frances LeBeau of East Carroll Parish, and entitled, "The Gifts of Earth"; the said lyrics reading as follows:
See the world around you,
All the wonders of the land,
The woods and fields and flowers,
Sunny skies and seas and sands.
It's a gift for all the people,
To live in this great land,
Where the beauty all around us,
Teaches us to understand...
That the gifts of earth are in our hands.
To life we hold the key.
So let's clean America, make our land
A home for you and me.
Take a look around you,
All the wonders of the land.
Think about tomorrow.
Take the time to understand...
That the gifts of earth are in our hands.
To life we hold the key.
So let's clean America, make our land
A home for you and me.
Acts 1990, No. 1070, §1.
There shall be an official state musical instrument. The official state musical instrument shall be the diatonic accordion, commonly known as the "cajun" accordion. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 1990, No. 185, §1.
There shall be an official state judicial poem. The official state judicial poem, written by Sylvia Davidson Lott Buckley, and entitled, "America, We The People", reading as follows:
"America
We the people
Justice, the word most sought by all, seek God to bless the courts with truth, for through His wisdom we rise or fall.
America
We the people
Do honor this great lady fair, who with her mighty arms still holds, the scales of Justice for all to share.
America
We the people
Do offer threads of hope to all, for Justice covers everyone; she does not measure, short or tall.
America
We the people
Boldly make this pledge to thee, that Justice will, in mind and heart, guide each destiny.
America
We............the...........people."
Acts 1995, No. 392, §1.
There shall be an official state Senate poem. The official state poem of the Senate of the Legislature of Louisiana, written by Jean McGivney Boese, and entitled, "Leadership", reads as follows:
"It is easy to bend with the wind and be weak,
Wrapped in silence when it would take courage to speak,
To do nothing when crises demand that you act;
To prefer a delusion to unpleasant fact.
But the easy evasions that dreamers embrace
Are denied to a leader with problems to face.
He must cope with the world as he finds it, and plan
To make each hard decision as well as he can.
He can't hide from the truth or deny what is real.
Though a lie might assuage all the fears people feel.
For the truth is the truth, and no lie can prevail.
In a world that is real, one must face truth or fail."
Acts 1999, No. 843, §1.
There shall be an official state cultural poem. The official state cultural poem of Louisiana, written by Paul Ott and performed by cajun culinary legend Justin Wilson, and entitled, "I Am Louisiana", to read as follows:
"I'm Spanish moss on a live oak tree
Cajun fried shrimp and a cypress knee
I'm Bienville, Captain Shreve, Beauregard,
Zach Taylor and Jean LaFitte
I'm New Orleans, the land of dreams
Creole cookin' and a Mardi Gras king
I'm a thoroughbred racin' at Louisiana Downs
Avery Island and a catahoula hound
I'm the Louisiana Hayride and the birth of the blues
The Evangeline, Chickory Coffee and Baton Rouge
I'm when the Saints Go Marchin' In . . . the Superdome
The Atchafalaya and an old plantation home
I'm jambalaya, a catfish fry and a file' gumbo
A sugar cane patch, Pete Fountain,
French Quarter and Satchmo
Well, I'm the Mississippi River
As it rounds the bend
I Am Louisiana
Ya'll Come Back Again."
Acts 2006, No. 843, §1.
A. The Honor and Remember flag shall be an official state emblem of military service. The flag was designed by George Lutz, who lost his son in Iraq in 2005. The flag shall serve as a visible reminder to all Americans of the lives lost in defense of our national freedoms. The red field on the flag represents the blood spilled by brave men and women in America's military throughout our history, who willingly gave their lives so that we all would remain free. The blue star represents active service in military conflict. The white border surrounding the gold star recognizes the purity of sacrifice. The gold star signifies the ultimate sacrifice of a warrior in active service who will not return home. Gold reflects the value of the life that was given. The folded flag signifies the final tribute to an individual life that a family sacrificed and gave to the nation. The flame is an eternal reminder of the spirit that has departed this life yet burns on in the memory of all who knew and loved the fallen hero. The use of the Honor and Remember flag on official documents of the state along with the insignia of the state is hereby authorized.
B. The Honor and Remember flag may be displayed over the state capitol on the following days:
(1) Memorial Day, the last Monday in May.
(2) Veterans Day, November eleventh.
Acts 2011, No. 222, §1.
The governor is authorized to appoint an artist laureate for the State of Louisiana, who shall serve during the term of office of the appointing governor.
Said appointee shall be a citizen of this state and shall serve under the provisions of this section without remuneration of any kind whatsoever.
Acts 1952, No. 14, §1, 2.
A. April 30th of each year is hereby designated as "Louisiana Day", which shall not be a legal holiday.
B. All civic and educational organizations and groups, and all service organizations and the governing authorities of all parishes and municipalities are urged to sponsor and arrange programs in celebration of said day, in order better to acquaint the citizenship of our state and particularly its young people, with its wealth, history, romance and legends and to stimulate our pride in its position of importance among its sister states.
C. The governor is urged to issue his proclamation each year in advance of said day, calling upon all its citizens to display replicas of its seal, its flag, its flower and all other insignia emblematic of the great state of Louisiana, in order to inspire its youth in the study of the lives of its distinguished citizens, past and contemporary.
Acts 1954, No. 44, §§1-3.
A. The legislature does hereby recognize and acknowledge that:
(1) There are four state-recognized tribes and four federally recognized tribes in Louisiana representing over twenty-five thousand Native Americans in this state.
(2) It is the policy of this state to acknowledge the tribes within the borders of the state, to support their aspirations for the preservation of their cultural heritage and the improvement of their economic conditions, and to assist them in achieving their just rights.
(3) The last week of September has been designated by tribes nationwide as "Native American Week" in observance and recognition of the vital role Native Americans have played in the formation of this great nation.
B. The legislature hereby designates the last week of the month of September each year as "Native American Week" in Louisiana.
Acts 1999, No. 773, §1, eff. July 2, 1999.
A. The legislature does hereby recognize and acknowledge that:
(1) Childhood cancer remains the number one cause of death by disease for children in the United States of America.
(2) It is the policy of this state to acknowledge the challenges faced by children with cancer and their families, to support their continued efforts in their courageous fight against the disease, and to assist them in spreading awareness of the impact of childhood cancer while seeking to find a cure.
(3) The month of September has been recognized by childhood cancer organizations around the world as Childhood Cancer Awareness Month and the color gold has been designated as the official color signifying awareness of childhood cancer in honor and in memory of children with cancer.
B. The legislature hereby designates the month of September each year as "Childhood Cancer Awareness Month" in Louisiana and that the official color signifying that awareness is gold.
Acts 2020, No. 221, §1.
After July 27, 1966, the official bird for the state of Louisiana shall be the Brown Pelican as it presently appears on the seal of the state of Louisiana, and its use on the seal of the state, other insignia of the state and on all official documents is hereby authorized and directed.
Acts 1958, No. 486, §1, Amended by Acts 1966, No. 457, §1.
The baldcypress (Taxodium distichum), commonly known as the "cypress" tree, is hereby designated and hereafter shall be known as the official state tree of the state of Louisiana.
Acts 1963, No. 49.
There shall be an official state fruit tree. The official state fruit tree shall be the mayhaw fruit tree. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 2014, No. 377, §1.
There shall be an official state steam locomotive. The official state steam locomotive shall be the 2-8-2 Mikado class of steam locomotives. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 2022, No. 191, §1.
The official colors of the State of Louisiana shall be blue, white and gold.
Added by Acts 1972, No. 603, §1.
There shall be an official state mammal. The official state mammal shall be the black bear. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 1992, No. 1022, §1.
There shall be an official state fossil. The official state fossil shall be petrified palmwood. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Added by Acts 1976, No. 362, §1.
There shall be an official state gemstone. The official state gemstone shall be the cabochon cut gemstone, derived from the Crassostrea virginica mollusk predominantly found in the waters of coastal Louisiana. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Added by Acts 1976, No. 362, §1; Acts 2011, No. 232, §1.
There shall be an official state mineral. The official state mineral shall be the agate, as found in Louisiana gravel. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 2011, No. 232, §1.
There shall be an official state insect. The official state insect shall be the honeybee (apis mellifera). Its use on official documents of the state and with the insignia of the state is hereby authorized.
Added by Acts 1977, No. 195, §1.
There shall be an official state butterfly, which shall be the Gulf Fritillary. The use of its likeness or image on official documents of the state and with the insignia of the state is hereby authorized.
Acts 2022, No. 294, §1.
There shall be an official state dog. The official state dog shall be the Louisiana Catahoula Leopard dog, as registered by the National Association of Louisiana Catahoulas. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Added by Acts 1979, No. 239, §1.
There shall be an official state fruit. The official state fruit shall be the Louisiana strawberry. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Added by Acts 1980, No. 432, §1; Acts 2001, No. 10, §1.
There shall be a state pledge of allegiance, to read as follows:
"I pledge allegiance to the flag of the state of Louisiana and to the motto for which it stands: A state, under God, united in purpose and ideals, confident that justice shall prevail for all of those abiding here."
Added by Acts 1981, No. 711, §1.
There shall be an official state crustacean. The official state crustacean shall be the crawfish. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Added by Acts 1983, No. 572, §1.
There shall be an official state reptile. The official state reptile shall be the alligator. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Added by Acts 1983, No. 572, §1.
There shall be an official state amphibian. The official state amphibian shall be the green tree frog. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 1993, No. 815, §1.
There shall be an official state drink. The official state drink shall be milk.
Added by Acts 1983, No. 6, §1.
There shall be an official state garden week. The official garden week shall be the first week in June commencing with the first Sunday in June of each year.
Acts 1988, No. 541, eff. July 11, 1988.
There shall be an official state "Christmas in the Country", which shall be the "Christmas in the Country" held annually in the town of Elizabeth, Louisiana.
Acts 1990, No. 776, §1.
It is hereby declared that hoop nets, castnets, and shrimp trawls are part of the cajun and creole heritage of the state and, as such, should be preserved in order to help maintain the cajun and creole culture.
Acts 1992, No. 44, §1.
There shall be an official state freshwater fish. The official state freshwater fish shall be the white perch (poxomis annularis, sac-au-lait). Its use on the official documents of the state and with the insignia of the state is hereby authorized.
Acts 1993, No. 460, §1.
There shall be an official state painting. The official state painting shall be the 1985 oil painting by the artists Johnny O. Bell and Johnny F. Bell entitled "Louisiana". Its use on official documents of the state and with the insignia of the state is hereby authorized. The copyright privileges of the official state painting shall remain with the artists, John O. Bell and John F. Bell.
Acts 1995, No. 981, §1; Acts 1999, No. 973, §1.
There shall be an official state tartan. A tartan is a plaid textile design consisting of stripes of varying width and color producing a repeating pattern. The pattern for the state tartan shall be defined by the repeating half-sett of six black, six green, four white, twenty-two green, twenty-four black, thirty-six blue, four black, and six white. This tartan shall be known as the Louisiana tartan and may be freely used by any and all organizations, societies, and individuals affiliated with the state of Louisiana.
Acts 2001, No. 53, §1.
There shall be an official state saltwater fish. The official state saltwater fish shall be the spotted sea trout, or speckled trout ( Cynoscion nebulosus ). Its use on the official documents of the state and with the insignia of the state is hereby authorized.
Acts 2001, No. 165, §1.
A. There shall be two official state jellies. One official state jelly shall be the mayhaw jelly. Its use on official documents of the state and with the insignia of the state is hereby authorized.
B. The second official state jelly shall be Louisiana sugar cane jelly. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 2003, No. 76, §1.
There shall be an official state meat pie. The official state meat pie shall be the Natchitoches Meat Pie. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 2003, No. 607, §1.
A. The official state "Uncle Earl's Hog Dog Trials" shall be the "Uncle Earl's Hog Dog Trials" held annually in the parish of Winn, city of Winnfield, Louisiana.
B. The fourth weekend in March of every year shall be "Uncle Earl's Hog Dog Trials Weekend" in the state.
Acts 2003, No. 808, §1, eff. July 1, 2003.
A. There shall be an official state vegetable plant. The official state vegetable plant shall be the Creole Tomato. Its use on official documents of the state and with the insignia of the state is hereby authorized.
B. There shall be an official state vegetable. The official state vegetable shall be the sweet potato. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 2003, No. 857, §1.
There shall be an official state cuisine. The official state cuisine shall be gumbo. Its use on the official documents of the state and with the insignia of the state is hereby authorized.
Acts 2004, No. 406, §1.
St. Mary Parish is hereby designated as the Gateway to the Atchafalaya Basin, home of some of the best bass fishing tournaments in the world.
Acts 2004, No. 594, §1, eff. July 5, 2004.
A. There shall be an official state song for the Hurricane Katrina and Hurricane Rita recovery effort. The official state song for the Hurricane Katrina and Hurricane Rita recovery effort shall be "Come Back to Louisiana", a musical composition with lyrics and music by Jay Chevalier and Bobby Attwood; the lyrics reading as follows:
Since you left me the
tears are fallin'
Can't you hear my lips a callin'
Come back come back to Louisiana
Katrina/Rita caused this aching
It's my heart you're breakin'
Come back come back to Louisiana
Nothin' seems right
No days just nights
Don't you know I'm lonely
And I want you only
My pirogue' don't pole the same
Some times I don't know my name
Come back come back to Louisiana
Some times I think I'm dying
Even the willow trees are cryin'
Come back come back to Louisiana
B. Jay Chevalier shall be known as the official state troubadour for the Hurricane Katrina and Hurricane Rita relief efforts as he travels the world bringing awareness of the destruction caused by the hurricanes and the continuing needs of the people of Louisiana.
Acts 2006, No. 200, §1.
The parish of Plaquemines is hereby designated as the "Gateway to Louisiana and America".
Acts 2008, No. 781, §1, eff. July 7, 2008.
There shall be an official state symbol. The fleur-de-lis shall be an official state symbol. The use of the fleur-de-lis on official documents of the state along with the insignia of the state is hereby authorized.
Acts 2008, No. 803, §1.
There shall be an official state boat, which shall be the pirogue. The use of its likeness or image on official documents of the state and with the insignia of the state is hereby authorized.
Acts 2012, No. 134, §1.
A. The legislature does hereby recognize and acknowledge the following:
(1) A significant portion of our citizens are of Irish descent whose ancestors immigrated from Ireland as a result of the potato famine in the 1840s, settling in numerous locations throughout the state, often in neighborhoods located near the Mississippi River such as the Irish Channel and the Third Ward in New Orleans.
(2) A hard-working people, Irish tradition, culture, folklore, music, and dedication to God and family are reflected in the culture and mix of our state's heritage and a source of great achievement and pride to persons of Irish descent in Louisiana.
(3) It is the policy of this state to acknowledge and foster the varied cultures and influences unique to our region and its people and to support the aspirations of all who wish to retain their historical roots and culture while continuing to improve their own economic conditions and that of our state.
B. In observance and recognition of the contributions and colorful history of Irish in our state and to honor those of Irish descent in our state, the legislature hereby designates the month of March of each year as "Irish-American Heritage Month" in Louisiana.
Acts 2012, No. 324, §1.
It is hereby declared that fox pen hunting is part of the folklife heritage of the state and, as such, should be preserved in order to help maintain the folklife culture.
Acts 2014, No. 552, §1.
The parish of St. Landry is hereby designated as the "Equine Capital of Louisiana".
Acts 2022, No. 245, §1, eff. May 31, 2022.
St. Tammany Parish is hereby designated as the "Thoroughbred Breeding Capital of Louisiana".
Acts 2022, No. 245, §1, eff. May 31, 2022.
There shall be an official state nut. The official state nut shall be the pecan. Its use on official documents of the state and with the insignia of the state is hereby authorized.
Acts 2023, No. 123, §1.
A. The legislature does hereby recognize and acknowledge the following:
(1) Louisiana is home to nearly two thousand five hundred native plant species including large shade trees, such as our state tree, Taxodium distichum or bald cypress, and state flower, Magnolia grandiflora or southern magnolia, as well as shrubs, perennials, vines, grasses, and wildflowers.
(2) Native plants play an important role in all of Louisiana's diverse ecosystems, from the coastal marshes and prairies to the bluff forests of the Tunica Hills, from the bottomland hardwood forests and swamps to the longleaf pine savannas and the oak and hickory woodlands.
(3) It is the policy of this state to encourage public awareness about the benefits of Louisiana's native plants to pollinators and other wildlife, to the economy, and to the health and sustainability of Louisiana's fragile ecosystems.
B. In observance and recognition of the indigenous species of native plants which are essential to maintain Louisiana's diverse ecosystem, the legislature hereby designates the month of April of each year as "Native Plant Month" in Louisiana.
Acts 2024, No. 219, §1.
The Vietnam Veterans Memorial located at Veterans Memorial Park in the city of Lake Charles is hereby designated as the "Louisiana Vietnam Veterans Memorial".
Acts 2024, No. 760, §1, eff. June 19, 2024.
There shall be an official state children's Christmas book. The official state children's Christmas book shall be "Cajun Night Before Christmas", a literary composition written by J.B. Kling, Jr. and illustrated by James Rice.
Acts 2025, No. 172, §1.
The position of Louisiana State Poet Laureate is hereby created within the office of the governor.
Acts 2000, 1st Ex. Sess., No. 55, §1.
NOTE: See Acts 2000, 1st Ex. Sess., No. 55, §3, relative to continued service of past laureate in office.
A. The Louisiana Endowment for the Humanities shall appoint a selection committee consisting of two published poets from Louisiana, two professors of literature from a Louisiana college or university, two representatives of the Louisiana Endowment for the Humanities, and a representative from the Louisiana State University Press.
B.(1) The selection committee shall submit a list of three nominees to the governor for appointment to the position of Louisiana State Poet Laureate subject to Senate confirmation.
(2) No member of the selection committee may be nominated.
(3) No member of the selection committee shall have a personal or professional conflict of interest.
C. The selection committee shall select individuals whose poetry has been published in books, anthologies, literary journals, or magazines. The nominees shall be Louisiana born or domiciled in Louisiana at the time of the nomination. In selecting the nominees the panel shall solicit input from the general public and the literary community. The selection committee shall select nominees who reflect the diverse cultures and heritage of Louisiana. Nominations for the poet laureate to the committee shall be accompanied by a curriculum vitae of the nominee.
Acts 2000, 1st Ex. Sess., No. 55, §1.
NOTE: See Acts 2000, 1st Ex. Sess., No. 55, §3, relative to continued service of poet laureate in office.
A.(1) The state's poet laureate shall serve a two-year term and shall deliver an annual reading in a location in the state as designated by the Louisiana Endowment for the Humanities.
(2) No state poet laureate shall serve two consecutive terms.
B.(1) The selection committee shall be appointed no later than September first beginning in the year 2002 and every second year thereafter and shall submit a list of nominees to the governor no later than December first of each year following the appointment of the selection committee.
(2) The governor shall appoint the state poet laureate no later than January fifteenth of each year following the receipt of the list of nominees.
(3) In the event of the death, resignation, or any other vacancy or inability to perform the duties of poet laureate a selection committee shall be appointed by Louisiana Endowment for the Humanities. The nominating committee shall within ninety days of their appointment submit a list of nominees to the governor for consideration.
(4) Within forty-five days from receipt of the list of nominees the governor shall appoint the state poet laureate.
Acts 2000, 1st Ex. Sess., No. 55, §1.
NOTE: See Acts 2000, 1st Ex. Sess., No. 55, §3.
A. Any person who is deaf or hard of hearing and takes an examination which is a prerequisite for employment or licensing by the state or any of its agencies is entitled to be furnished, upon request, with an interpreter by the state or its agency.
B. Interpreters appointed under this Section shall be compensated for their services based on the fee schedule established pursuant to R.S. 46:2370.
Acts 1968, No. 515, §§1, 2; Acts 1989, No. 109, §2; Acts 2017, No. 146, §13.
Every person in this state needing eye care shall have complete freedom to use the services of an individual licensed under either R.S. 37:1041 through R.S. 37:1066 or R.S. 37:1261 through R.S. 37:1290. No state, parish or municipal board or agency, nor any officer or employee thereof, shall either directly or indirectly limit or restrict the freedom of any person to choose the services of a person so licensed under either authority.
Added by Acts 1970, No. 170, §1.
For the purposes of this Part:
(1) The term "statutory entity" means any "agency," "department," or "office" as defined in R.S. 36:3.
(2) The term "applicable termination date" means the date provided for termination of legislative authority for the existence of a particular entity, as provided in Section 191 of this Part.
(3) The term "evaluation" means with respect to a statutory entity, a comprehensive evaluation to determine if the merits of the activities of the entity support its continuation.
(4) The term "activity" means any task performed by any employee or contractor of the state, or by any group of employees or contractors.
(5) The term "program" means any group of activities which are directed toward or tend to produce an identifiable outcome.
Added by Acts 1976, No. 277, §1. Amended by Acts 1978, No. 674, §1; Acts 1983, No. 450, §1; Acts 1995, No. 712, §1.
{{NOTE: SEE ACTS 1984, NO. 189.}}
{{NOTE: SEE ACTS 1987, NO. 8, §§1, 2, AND 3.}}
{{NOTE: SEE ACTS 1987, NO. 7, REGARDING RE-CREATION OF STATUTORY ENTITIES UNDER THE DEPT. OF REVENUE AND TAXATION.}}
Notwithstanding any other provision of law to the contrary, the date for the termination of a statutory entity shall be July first of an odd-numbered year.
Acts 1995, No. 712, §1; Acts 2004, No. 477, §1, eff. June 30, 2004.
NOTE: See Acts 2004, No. 477, §2, relative to Act superseding conflicting provisions of R.S. 49:192 and 193.
Notwithstanding any termination dates set by any previous Act of the legislature, the statutory entities set forth in this Section shall begin to terminate their operations on July first of each of the following years, and all legislative authority for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of July first of the following year, which shall be the termination date:
(1) July 1, 2026:
(a) Louisiana Economic Development and all statutory entities made a part of the department by law.
(b) The Department of Public Service and all statutory entities made a part of the department by law.
(c) The Department of State and all statutory entities made a part of the department by law.
(d) The Department of State Civil Service and all statutory entities made a part of the department by law.
(e) The Department of Insurance and all statutory entities made a part of the department by law.
(f) Louisiana Works and all statutory entities made a part of the department by law.
(g) The Department of Education and all statutory entities made a part of the department by law.
(h) The Department of Children and Family Services and all statutory entities made a part of the department by law.
(i) The Department of the Treasury and all statutory entities made a part of the department by law.
(j) The Department of Environmental Quality and all statutory entities made a part of the department by law.
(k) The Department of Agriculture and Forestry and all statutory entities made a part of the department by law.
(l) The Department of Veterans Affairs and all statutory entities made a part of the department by law.
(m) The Governor's Office of Homeland Security and Emergency Preparedness and all statutory entities made a part of the office by law.
(n) Those entities transferred to or placed within the office of the governor pursuant to R.S. 36:4.1.
(o) The Department of Transportation and Development and all statutory entities made a part of the department by law.
(2) July 1, 2028:
(a) The Coastal Protection and Restoration Authority and the Coastal Restoration and Protection Authority Board to be reviewed by and re-creation to be considered by the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources.
(b) The Louisiana Department of Health and all statutory entities made a part of the department by law.
(c) The Department of Revenue and all statutory entities made a part of the department by law.
(d) The Department of Conservation and Energy and all statutory entities made a part of the department by law.
(e) The Department of Wildlife and Fisheries and all statutory entities made a part of the department by law.
(f) The Department of Public Safety and Corrections and all statutory entities made a part of the department by law.
(g) The Department of Culture, Recreation and Tourism and all statutory entities made a part of the department by law.
(h) Repealed by Acts 2008, No. 12, §5, eff. June 30, 2008.
(i) Repealed by Acts 2008, No. 13, §5, eff. June 30, 2008.
(j) Repealed by Acts 2008, No. 5, §5, eff. June 30, 2008.
(3) July 1, 2030:
(a) The Department of Justice and all statutory entities made a part of the department by law.
(4) July 1, 2025:
(a) Repealed by Acts 2025, No. 276, §5, eff. June 30, 2025.
(5) July 1, 2014:
(a) Repealed by Acts 2014, No. 446, §5, eff. June 30, 2014.
(b) Repealed by Acts 2014, No. 122, §5, eff. June 30, 2014.
(c) Repealed by Acts 2014, No. 108, §5, eff. June 30, 2014.
(d) Repealed by Acts 2014, No. 9, §5, eff. June 30, 2014.
(e) Repealed by Acts 2014, No. 32, §5, eff. June 30, 2014.
(f) Repealed by Acts 2014, No. 3, §5, eff. June 30, 2014.
(g) Repealed by Acts 2014, No. 230, §5, eff. June 30, 2014, and Acts 2014, No. 469, §5, eff. June 30, 2014.
(h) Repealed by Acts 2014, No. 292, §5, eff. June 30, 2014.
(i) Repealed by Acts 2014, No. 509, §5, eff. June 30, 2014.
(j) Repealed by Acts 2014, No. 309, §5, eff. June 30, 2014, and Acts 2014, No. 621, §5, eff. June 30, 2014.
(k) Repealed by Acts 2015, No. 381, §6, eff. June 30, 2015.
(l) Repealed by Acts 2014, No. 123, §5, eff. June 30, 2014.
(m) Repealed by Acts 2014, No. 159, §5, eff. June 30, 2014.
(n) Repealed by Acts 2014, No. 64, §5, eff. June 30, 2014.
(o) Repealed by Acts 2014, No. 39, §5, eff. June 30, 2014.
(6) July 1, 2016:
(a) Repealed by Acts 2016, No. 65, §5, eff. June 30, 2016.
(b) Repealed by Acts 2016, No. 15, §5, eff. June 30, 2016.
(c) Repealed by Acts 2016, No. 286, §5, eff. June 30, 2016.
(d) Repealed by Acts 2016, No. 300, §6, eff. June 30, 2016.
(e) Repealed by Acts 2016, No. 240, §5, eff. June 30, 2016.
(f) Repealed by Acts 2015, No. 153, §5, eff. June 30, 2015.
(g) Repealed by Acts 2016, No. 2, §5, eff. June 30, 2016.
(7) Repealed by Acts 2018, No. 216, §5, eff. June 30, 2018.
(8) July 1, 2018:
(a) Repealed by Acts 2018, No. 380, §8, eff. June 30, 2018.
(b) Repealed by Acts 2018, No. 358, §5, eff. June 30, 2018.
(c) Repealed by Acts 2018, No. 650, §5, eff. June 30, 2018.
(d) Repealed by Acts 2018, No. 3, §5, eff. June 30, 2018.
(e) Repealed by Acts 2018, No. 6, §5, eff. June 30, 2018.
(f) Repealed by Acts 2018, No. 133, §5, eff. June 30, 2018.
(g) Repealed by Acts 2017, No. 317, §5, eff. June 30, 2017.
(h) Repealed by Acts 2018, No. 24, §5, eff. June 30, 2018.
(i) Repealed by Acts 2018, No. 83, §5, eff. June 30, 2018.
(j) Repealed by Acts 2018, No. 350, §5, eff. June 30, 2018.
(k) Repealed by Acts 2018, No. 432, §6, eff. June 30, 2018.
(l) Repealed by Acts 2018, No. 25, §5, eff. June 30, 2018.
(m) Repealed by Acts 2018, No. 65, §5, eff. June 30, 2018.
(n) Repealed by Acts 2018, No. 158, §5, eff. June 30, 2018.
(9) July 1, 2020:
(a) Repealed by Acts 2020, No. 14, §5, eff. June 30, 2020.
(b) Repealed by Acts 2020, No. 74, §5, eff. June 30, 2020.
(c) Repealed by Acts 2020, No. 296, §5, eff. June 30, 2020.
(d) Repealed by Acts 2020, No. 22, §5, eff. June 30, 2020.
(e) Repealed by Acts 2020, No. 60, §5, eff. June 30, 2020.
(f) Repealed by Acts 2020, No. 11, §5, eff. June 30, 2020.
(g) Repealed by Acts 2020, No. 90, §5, eff. June 30, 2020.
(10) July 1, 2022:
(a) Repealed by Acts 2022, No. 32, §5, eff. June 30, 2022.
(b) Repealed by Acts 2022, No. 148, §5, eff. June 30, 2022.
(c) Repealed by Acts 2022, No. 6, §5, eff. June 30, 2022.
(d) Repealed by Acts 2022, No. 141, §5, eff. June 30, 2022.
(e) Repealed by Acts 2022, No. 12, §5, eff. June 30, 2022.
(f) Repealed by Acts 2022, No. 4, §5, eff. June 30, 2022.
(g) Repealed by Acts 2022, No. 133, §5, eff. June 30, 2022.
(h) Repealed by Acts 2022, No. 13, §5, eff. June 30, 2022.
(i) Repealed by Acts 2022, No. 183, §5, eff. June 30, 2022.
(j) Repealed by Acts 2022, No. 21, §5, eff. June 30, 2022.
(k) Repealed by Acts 2022, No. 20, §5, eff. June 30, 2022.
(l) Repealed by Acts 2022, No. 102, §6, eff. June 30, 2022; Acts 2022, No. 500, §7, eff. June 30, 2022.
(m) Repealed by Acts 2022, No. 182, §5, eff. June 30, 2022.
(n) Repealed by Acts 2022, No. 158, §5, eff. June 30, 2022.
(11) Repealed by Acts 2022, No. 7, §5, eff. June 30, 2022.
(12) July 1, 2024:
(a) Repealed by Acts 2024, No. 619, §5, eff. June 30, 2024.
(b) Repealed by Acts 2024, No. 369, §5, eff. June 30, 2024.
(c) Repealed by Acts 2024, No. 50, §5, eff. June 30, 2024.
(d) Repealed by Acts 2024, No. 77, §5, eff. June 30, 2024.
(e) Repealed by Acts 2024, No. 24, §5, eff. June 30, 2024.
(f) Repealed by Acts 2024, No. 720, §5, eff. June 30, 2024.
(g) Repealed by Acts 2024, No. 69, §5, eff. June 30, 2024.
(h) Repealed by Acts 2024, No. 20, §5, eff. June 30, 2024.
Acts 2008, No. 5, §§4, 5, eff. June 30, 2008; Acts 2008, No. 12, §§4, 5, eff. June 30, 2008; Acts 2008, No. 13, §§4, 5, eff. June 30, 2008; Acts 2008, No. 40, §§4, 5, eff. June 30, 2008; Acts 2008, No. 45, §§4, 5, eff. June 30, 2008; Acts 2008, No. 48, §§4, 5, eff. June 30, 2008; Acts 2008, No. 83, §§4, 5, eff. June 30, 2008; Acts 2008, No. 141, §§4, 5, eff. June 30, 2008; Acts 2008, No. 198, §1; Acts 2008, No. 743, §4, eff. July 1, 2008; Acts 2009, No. 73, §§4, 5, eff. June 30, 2009; Acts 2010, No. 8, §§4, 5, eff. June 30, 2010; Acts 2010, No. 14, §§4, 5, eff. June 30 2010; Acts 2010, No. 37, §§4, 5, eff. June 30, 2010; Acts 2010, No. 119, §§4, 5, eff. June 30, 2010; Acts 2010, No. 140, §§4, 5, eff. June 30, 2010; Acts 2010, No. 148, §§4, 5, eff. June 30, 2010; Acts 2010, No. 154, §§4, 5, eff. June 30, 2010; Acts 2010, No. 182, §§4, 5, eff. June 30, 2010; Acts 2010, No. 234, §§4, 5, eff. June 30, 2010; Acts 2010, No. 242, §§4, 5, eff. June 30, 2010; Acts 2010, No. 243, §§4, 5, eff. June 30, 2010; Acts 2010, No. 444, §§4, 5, eff. June 30, 2010; Acts 2010, No. 494, §§4, 5, eff. June 30, 2010; Acts 2010, No. 564, §§4, 5, eff. June 30, 2010; Acts 2010, No. 684, §§4, 5, eff. June 30, 2010; Acts 2010, No. 843, §§4, 5, eff. June 30, 2010; Acts 2010, No. 861, §21; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 6, §§4, 5, eff. June 30, 2012; Acts 2012, No. 97, §§4, 5, eff. May 11, 2012; Acts 2012, No. 122, §§4, 5, eff. June 30, 2012; Acts 2012, No. 265, §§4, 5, eff. June 30, 2012; Acts 2012, No. 304, §§4, 5, eff. June 30, 2012; Acts 2012, No. 322, §§4, 5, eff. June 30, 2012; Acts 2012, No. 362, §§4, 5, eff. June 30, 2012; Acts 2012, No. 494, §§4, 5, eff. June 30, 2012; Acts 2012, No. 617, §§4, 5, eff. June 30 2012; Acts 2012, No. 694, §§5, 6, eff. June 30, 2012; Acts 2014, No. 3, §§4, 5, eff. June 30, 2014; Acts 2014, No. 9, §§4, 5, eff. June 30, 2014; Acts 2014, No. 32, §§4, 5, eff. June 30, 2014; Acts 2014, No. 39, §§4, 5, eff. June 30, 2014; Acts 2014, No. 64, §§4, 5, eff. June 30, 2014; Acts 2014, No. 108, §§4, 5, eff. June 30, 2014; Acts 2014, No. 122, §§4, 5, eff. June 30, 2014; Acts 2014, No. 123, §§4, 5, eff. June 30, 2014; Acts 2014, No. 159, §§4, 5, eff. June 30, 2014; Acts 2014, No. 230, §§4, 5, eff. June 30, 2014; Acts 2014, No. 292, §§4, 5, eff. June 30, 2014; Acts 2014, No. 309, §§4, 5, eff. June 30, 2014; Acts 2014, No. 446, §§4, 5, eff. June 30, 2014; Acts 2014, No. 469, §§4, 5, eff. June 30, 2014; Acts 2014, No. 509, §§4, 5, eff. June 30, 2014; Acts 2014, No. 621, §§4, 5, eff. June 30, 2014; Acts 2015, No. 153, §§4, 5, eff. June 30, 2015; Acts 2015, No. 381, §§5, 6, eff. June 30, 2015; Acts 2016, No. 2, §§4, 5, eff. June 30, 2016; Acts 2016, No. 15, §§4, 5, eff. June 30, 2016; Acts 2016, No. 65, §§4, 5, eff. June 30, 2016; Acts 2016, No. 240, §§4, 5, eff. June 30, 2016; Acts 2016, No. 286, §§4, 5, eff. June 30, 2016; Acts 2016, No. 300, §§5, 6, eff. June 30, 2016; Acts 2017, No. 317, §§4, 5, eff. June 30, 2017; Acts 2018, No. 3, §§4, 5, eff. June 30, 2018; Acts 2018, No. 6, §§4, 5, eff. June 30, 2018; Acts 2018, No. 24, §§4, 5 eff. June 30, 2018; Acts 2018, No. 25, §§4, 5, eff. June 30, 2018; Acts 2018, No. 65, §§4, 5, eff. June 30, 2018; Acts 2018, No. 83, §§4, 5, eff. June 30, 2018; Acts 2018, No. 133, §§4, 5, eff. June 30, 2018; Acts 2018, No. 158, §§4, 5, eff. June 30, 2018; Acts 2018, No. 216, §§4, 5, eff. June 30, 2018; Acts 2018, No. 350, §§4, 5, eff. June 30, 2018; Acts 2018, No. 358, §§4, 5, eff. June 30, 2018; Acts 2018, No. 380, §§7, 8, eff. June 30, 2018; Acts 2018, No. 432, §§4, 6, eff. June 30, 2018; Acts 2018, No. 448, §1; Acts 2018, No. 650, §§4, 5, eff. June 30, 2018; Acts 2020, No. 11, §§4, 5, eff. June 30, 2020; Acts 2020, No. 14, §§4, 5, eff. June 30, 2020; Acts 2020, No. 22, §§4, 5, eff. June 30 2020; Acts 2020, No. 60, §§4, 5, eff. June 30, 2020; Acts 2020, No. 74, §§4, 5, eff. June 30, 2020; Acts 2020, No. 90, §§4, 5, eff. June 30, 2020; Acts 2020, No. 296, §§4, 5, eff. June 30, 2020; Acts 2022, No. 4, §§4, 5, eff. June 30, 2022; Acts 2022, No. 6, §§4, 5, eff. June 30, 2022; Acts 2022, No. 7, §§4, 5, eff. June 30, 2022; Acts 2022, No. 12, §§4, 5, eff. June 30, 2022; Acts 2022, No. 13, §§4, 5, eff. June 30, 2022; Acts 2022, No. 20, §§4, 5, eff. June 30, 2022; Acts 2022, No. 21, §§4, 5, eff. June 30, 2022; Acts 2022, No. 32, §§4, 5, eff. June 30, 2022; Acts 2022, No. 102, §§5, 6, eff. June 30, 2022; Acts 2022, No. 133, §§4, 5, eff. June 30, 2022; Acts 2022, No. 141, §§4, 5, eff. June 30, 2022; Acts 2022, No. 148, §§4, 5, eff. June 30, 2022; Acts 2022, No. 158, §§4, 5, eff. June 30, 2022; Acts 2022, No. 182, §§4, 5, eff. June 30, 2022; Acts 2022, No. 183, §§4, 5, eff. June 30, 2022; Acts 2022, No. 500, §§6, 7, eff. June 30, 2022; Acts 2023, No. 150, §20, eff. Jan. 10, 2024; Acts 2024, No. 20, §§4, 5, eff. June 30, 2024; Acts 2024, No. 24, §§4, 5, eff. June 30, 2024; Acts 2024, No. 50, §§4, 5, eff. June 30, 2024; Acts 2024, No. 69, §§4, 5, eff. June 30, 2024; Acts 2024, No. 77, §§4, 5, eff. June 30, 2024; Acts 2024, No. 369, §§4, 5, eff. June 30, 2024; Acts 2024, No. 619, §§4, 5, eff. June 30, 2024; Acts 2024, No. 720, §§4, 5, eff. June 30, 2024; Acts 2025, No. 276, §§4, 5, eff. June 30, 2025; Acts 2025, No. 478, §15, eff. Oct. 1, 2025.
A. Beginning with budgets presented for Fiscal Year 1986-1987 and in addition to the requirements of R.S. 39:28 et seq., each budget unit of the state shall compile a listing of all legislatively authorized programs and Acts of the legislature directing any activity to be administered by such budget unit for which implementing funds were not appropriated in the prior fiscal year. The listing shall be submitted to the executive budget office, the legislative fiscal office, and the Joint Legislative Committee on the Budget as an addendum to the annual budget request.
B. Following the review, analysis, and study of the listings provided above, the Joint Legislative Committee on the Budget shall submit its findings and recommendations thereon to the members of the legislature not later than two weeks prior to each regular session of the legislature as an addendum to the report on the proposed executive budget required by R.S. 24:653(C).
C. The committee shall include a draft of any proposed legislation as shall be necessary to accomplish its recommendations. If the committee recommends termination of an unfunded program or activity, it shall cause legislation to be introduced specifically providing for the repeal thereof. If the committee recommends continuance, it shall recommend appropriating funds therefor and any other legislation directing specific changes therein as a condition of continuance of such legislative authority.
Acts 1985, No. 756, §1; Acts 1995, No. 712, §1.
Any statutory entity to be terminated by the provisions of R.S. 49:191 may be re-created only in accordance with the procedure established in R.S. 49:193.
Added by Acts 1976, No. 277, §3.
NOTE: See Acts 2004, No. 477, §2, relative to Act superseding conflicting provisions of R.S. 49:192 and 193.
The procedure for re-creation of any statutory entity to be terminated under the provisions of this Part shall be as follows:
A.(1) By September first of the calendar year three years prior to the calendar year of the applicable termination date, the president of the Senate and the speaker of the House of Representatives shall assign the applicable statutory entities to standing committees of their respective houses which shall initially perform the evaluation to determine if a statutory entity shall be continued, modified, or terminated. The statutory entities shall be assigned, if practicable, to the standing committees of the two houses which have usual jurisdiction over the affairs of the statutory entities.
(2) The standing committees of the two houses performing the evaluation of the same statutory entities may meet jointly to discharge some or all of their duties.
B. No later than thirty days after the referral of the statutory entities to the appropriate standing committees, the committees shall, separately or jointly, notify the statutory entities under their jurisdiction of the termination dates and provide them a tentative schedule for evaluation hearings. In addition, the committees shall, separately or jointly, request the Department of State Civil Service to review the job descriptions and staffing of each entity. After receipt of the notice of termination and evaluation from the appropriate standing committees, each statutory entity shall provide the standing committees with the following information at the same time it submits its budget request to the governor under the provisions of R.S. 39:33:
(1) The identity of all sub-units under the direct or advisory control of the statutory entity under evaluation.
(2) All powers, functions, and duties currently performed by the statutory entity under evaluation.
(3) All constitutional, statutory, or other authority under which the powers, functions, and duties of the statutory entity under evaluation are performed and carried out.
(4) Any powers, functions, or duties which, in the opinion of the statutory entity under evaluation, are being performed and duplicated by another statutory entity or political subdivision within the state including the manner in which, and the extent to which, this duplication of efforts is occurring and any recommendations as to eliminating the duplication.
(5) Any powers, functions, or duties which, in the opinion of the statutory entity under evaluation, are inconsistent with current and projected public needs and which should be terminated or altered.
(6) The identity of any problems or any programs of the entity to which, in the opinion of the entity, the committees should give particular study.
(7) All strategic plans, master plans, operating plans, and other planning documents including performance measures.
(8) All performance audits or studies performed by the legislative auditor within the last five years and a description of agency actions in response to the findings of such audits or studies.
(9) The identity, amount, and description of each professional, personal, or consulting service contract entered into by the statutory entity under evaluation.
(10) The identity of each report the statutory entity is required by law to produce, including the citation of the law requiring the report, an estimate of the agency resources expended to produce the report, and the opinion of the agency regarding the continued necessity of the report.
(11) Any other information which a standing committee in its discretion feels is necessary and proper in performing its review and evaluation duties.
C. Repealed by Acts 1995, No. 712, §2.
D. The evaluations by the standing committees shall be made, using the factors set out in Subsection E of this Section, for the purpose of achieving the following:
(1) The elimination of inactive entities.
(2) The elimination or consolidation of entities, programs, or activities which duplicate other governmental entities, programs, or activities.
(3) The elimination of unnecessary entities, programs, or activities or entities, programs, or activities which no longer serve the public interest.
(4) The elimination or improvement of inefficient or ineffective entities, programs, or activities.
(5) The elimination or revision of entities, programs, or activities that are inconsistent with the intent of legislation authorizing the entity, program, or activity.
E. Prior to the final adjournment of the regular legislative session convening in the odd-numbered year two years prior to the year in which the applicable termination date occurs, the appropriate standing committees, to which the statutory entities have been referred, shall conduct such study and evaluation as shall be necessary to determine whether or not proposed legislation shall be introduced to continue or modify the appropriate statutory entity. The standing committees shall hold public hearings to receive testimony from the appropriate statutory entities and from the public as a part of that study and evaluation. The standing committees shall hold the public hearings in accordance with R.S. 42:11 through R.S. 42:25 and any applicable legislative rules. At the hearings, the statutory entity shall have the burden of demonstrating a public need for its continued existence. It shall have the further burden of demonstrating that its objectives, programs, and activities are consistent with legislative intent and effectively and efficiently achieve this intent. A standing committee, in making a determination as to whether a statutory entity has demonstrated a public need for the continued existence of the statutory entity, its programs, or activities, shall take into consideration, among others, the following factors:
(1) The extent to which any information required to be furnished to the standing committee has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from said information are adverse to the legislative intent inherent in the powers, functions, and duties as established in the enabling legislation creating the statutory entity, or are inconsistent with present or projected public demands or needs.
(2) Based on strategic plans, master plans, and operating plans together with relevant performance measures and any other factors or information an examination of the extent to which the objectives of the statutory entity under evaluation conform to the statutory objectives for the statutory entity.
(3) The extent to which the objectives of the statutory entity under evaluation have been effectively and efficiently achieved as reflected by relevant performance measures, and an analysis of any significant variance between projected and actual performance.
(4) The extent to which the statutory entity has operated in the public interest and the extent to which its operation has been impeded or enhanced by existing statutes, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters.
(5) The extent to which the statutory entity has recommended statutory changes to the legislature which would benefit the public as opposed to the statutory entity itself.
(6) An identification of other statutory entities, or other programs or activities of state or local government having the same or similar objectives, together with a comparison of the cost-effectiveness of such statutory entities, programs, or activities and any duplication of the statutory entity under review.
(7) The extent to which the statutory entity has encouraged participation by the public in making its rules and decisions as opposed to participation solely by its constituency.
(8) The efficiency with which formal public complaints filed with the statutory entity concerning matters subject to its jurisdiction have been processed by the statutory entity.
(9) The extent to which changes are necessary in the enabling laws of the statutory entity to adequately comply with the factors listed in this Section.
(10) The extent to which the statutory entity's operation has been efficient and responsive to the public needs.
(11) The extent to which the statutory entity has encouraged that units regulated or served report to the statutory entity concerning the impact of rules and decisions regarding improved service, economy of service, or availability of service to the public.
(12) The extent to which the statutory entity has permitted qualified applicants to serve the public.
(13) The extent to which requirements of state and federal statutes and constitutions have been complied with by the statutory entity or the units it regulates or the constituency it serves.
(14) The findings, recommendations, and entity responses to any performance audits or studies conducted by the legislative auditor.
(15) The findings and recommendations of the Department of State Civil Service with respect to job descriptions and staffing of the statutory entity.
(16) The extent of privatization of the programs, functions, or activities of the statutory entity through the use of professional, personal, or consulting services.
(17) Any other relevant criteria which a standing committee, in its discretion, deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the respective statutory entity.
F.(1) The standing committees shall submit their final evaluation report to the legislature and the governor by March first before the regular legislative session in the year prior to the applicable termination date.
(2) The report of the standing committee shall include a summary of its findings concerning the factors listed in Subsection E of this Section.
(3) The standing committee making the report shall recommend termination, continuation, or modification of the appropriate statutory entity, including any proposals for reorganization, consolidation, or transfer of duties of the statutory entity, program, or activity. If the standing committee finds that a statutory entity or any of its programs or activities should terminate as scheduled, then the committee's report shall include proposed legislation, if any is necessary, to conform related laws to the termination of that statutory entity, its programs, or activities. If the standing committee finds that a statutory entity shall be continued or modified, then the committee's report shall include proposed legislation necessary to accomplish continuation or modification. If the committee finds that changes in particular programs or activities of the entity are needed, the report shall include proposed legislation necessary to accomplish such changes.
(4) The committee report shall also include an evaluation of whether the objectives of the entity for the next six years and measures for performance for these objectives are consistent with statutory authority or requirements of the entity.
(5) No recommendation of any joint reviewing committee shall be submitted in the report unless the recommendation is approved by the majority of the members of each house serving on the committee.
G. In the regular legislative session in the year prior to the year in which the applicable termination date occurs, a bill authorizing the re-creation of the statutory entity in question may be introduced and shall be referred to the standing committee that performed the initial review and evaluation. Such bill shall contain a termination date for the statutory entity being re-created no more than six years from its effective termination date. No more than one statutory entity shall be re-created in any bill, but this limitation shall not be construed to prohibit consolidation of two or more statutory entities or parts of statutory entities in any one bill.
H. Unless the legislature enacts the bill to continue or modify the entity, the entity shall begin to phase out its operations on the date set forth in R.S. 49:191 and the legislative authority for such statutory entity shall cease on the following July first.
I. If the bill authorizing re-creation of an entity does not become law, the statutes creating and continuing such entity shall be construed as repealed on the applicable termination date fixed in R.S. 49:190 and R.S. 49:191.
J. No funds shall be appropriated or otherwise be made available from any source whatsoever to any entity after the applicable termination date of such statutory entity unless it has been re-created in accordance with the procedure set forth in this Part.
K. If the bill authorizing re-creation of an entity becomes law, the committee may request, and the entity shall provide, a copy of the agency budget request and operating plan for the entity prepared and submitted to the governor for the ensuing year as provided in R.S. 39:33. Such budget request shall be submitted to the committee at the time it is submitted to the governor. The committee shall review the budget request and operating plan submitted by the entity and shall report any recommendations thereon to the Joint Legislative Committee on the Budget or its successor, prior to its deliberations on the proposed budget for the entity.
L. Standing committees making the reviews and evaluation may request the assistance of the Legislative Fiscal Office and the legislative auditor to compile pertinent information about the statutory entity under review for use during the evaluation.
M. Repealed by Acts 1995, No. 712, §2.
Added by Acts 1976, No. 277, §4. Amended by Acts 1978, No. 674, §1; Acts 1979, No. 512, §1; Acts 1984, No. 76, §3, eff. June 15, 1984; Acts 1986, No. 493, §3, eff. July 1, 1986; Acts 1986, No. 14, §4, eff. July 1, 1986; Acts 1986, No. 447, §6, eff. July 1, 1986; Acts 1986, No. 460, §1; Acts 1986, No. 282, §3, eff. June 30, 1986; Acts 1988, No. 58, §4; Acts 1989, No. 836, §3, eff. July 1, 1989; Acts 1995, No. 712, §§1, 2; Acts 1997, No. 997, §1; Acts 2004, No. 477, §1, eff. June 30, 2004; Acts 2022, No. 364, §1.
NOTE: See Acts 2004, No. 477, §2, relative to Act superseding conflicting provisions of R.S. 49:192 and 193.
A. To facilitate an orderly review and evaluation procedure, and to ensure thorough study is given to the statutory entities scheduled for termination, the standing committees may conduct a more extensive evaluation of selected statutory entities under its jurisdiction or of particular programs of such entities than that given to the remaining statutory entities scheduled for review and termination.
B. The selection of those statutory entities or programs to receive extensive evaluation shall be made by taking the following factors, among others, into consideration:
(1) The extent to which the statutory entity or program appears to require significant change.
(2) The extent to which the resources of the legislature will allow for such evaluation.
(3) The extent to which substantial time has passed since the statutory entity or program has been in effect and in operation.
(4) The extent to which the statutory entity or program has encountered significant problems in satisfying its statutory mandate.
C. The selection of these statutory entities or programs to receive the extensive evaluation shall be made no later than thirty days following the referral of the statutory entities to the standing committees.
D. The standing committees shall notify the entities or program administrators of programs selected for extensive evaluation at the same time the standing committees comply with R.S. 49:193(B).
E. The standing committees making such extensive evaluation may instruct the Legislative Fiscal Office or the legislative auditor to make such performance audits, programmatic evaluations, and other studies as are needed to enable the standing committees to effectively conduct these evaluations.
Added by Acts 1979, No. 512, §1; Acts 1988, No. 58, §4; Acts 1995, No. 712, §1.
A. In addition to the review and evaluation of statutory entities scheduled for termination by R.S. 49:193, the standing committees shall direct the respective departments to provide the information specified in R.S. 49:193 for all other programs and activities of the departments whose statutory entities are scheduled for termination, to be submitted at the same time and in the same manner as the information submitted under the provisions of R.S. 49:193. The committees shall also conduct such studies and evaluations and make such recommendations relative to such programs and activities of the department as is provided in R.S. 49:193 for statutory entities.
B. Nothing in this Part shall be construed to prohibit any action at any time by the legislature or by any state officer pursuant to the provisions of Article IV, Sections 1(C) and 20 of the Constitution of Louisiana or any Act enacted under authority thereof.
Added by Acts 1976, No. 277, §5. Amended by Acts 1978, No. 674, §1; Acts 1979, No. 512, §1; Acts 1995, No. 712, §1.
Any statute which becomes law subsequent to August 15, 1995, which creates or re-creates a statutory entity must contain a termination date for that entity, no more than six years from the date of creation of the entity. Thereafter, such an entity may only be re-created according to the procedure provided in this Part.
Added by Acts 1976, No. 277, §6. Amended by Acts 1979, No. 512, §1; Acts 1995, No. 712, §1.
Nothing in this Part shall be construed to effect the termination or dismissal of any claim or right of a citizen against an entity terminated by its provisions, nor to effect the termination or dismissal of any claim or right of the entity. Such claims and rights shall be assumed by the state of Louisiana.
Added by Acts 1976, No. 277, §7.
Nothing in this Part shall be construed to prohibit the legislature from terminating an entity covered by these provisions at a date earlier than that provided herein, nor to prohibit the legislature from considering any other legislation relative to such an entity.
Added by Acts 1976, No. 277, §8.
The provisions of this Part do not apply to retirement systems.
Added by Acts 1976, No. 277, §9.
Notwithstanding any other provisions of this Part to the contrary, no entity which has bonds outstanding shall be abolished until and unless provision is made for the payment of principal and interest of said bonds at or before maturity or for the assumption of such indebtedness by the state or any agency or subdivision thereof.
Added by Acts 1976, No. 277, §10.
A. The telephone number of each state agency shall be imprinted upon the official stationery used by the agency. The secretary or other chief administrative officer of each state agency shall be responsible for carrying out the requirements of this Section.
B. No state agency shall discard or otherwise dispose of any of its official stationery to accomplish the purposes of this Section, but shall take whatever means appropriate, such as stamping its current telephone number on such stationery, to implement the requirements of this Section.
C. For the purpose of this Section, a "state agency" is defined as any board, commission, department, division, agency, office, or other entity within the executive, judicial, and legislative branches of state government.
Added by Acts 1981, No. 128, §1.
A. In any civil proceeding, no state agency shall be obliged by subpoena to provide any document, record, or any other item for which a reasonable cost or fee has not been paid.
B. For the purpose of this Section, a "state agency" is defined as any board, commission, department, division, agency, office, or other entity within the executive branch of state government.
Acts 1999, No. 1291, §1.
A. For purposes of this Chapter, the term "abortion" shall have the meaning ascribed in R.S. 14:87.1.
B.(1) The Louisiana Department of Health shall not enter into any provider agreement for medical assistance program funding, as defined in R.S. 46:437.3, with any healthcare provider, entity, or organization that does any of the following:
(a) Performs abortions in this state.
(b) Provides its own facilities where reimbursable medical assistance program services are performed for the use of another healthcare provider, entity, or organization for the purpose of performing abortions in this state.
(c) Hires or retains another healthcare provider, entity, or organization for the purpose of performing abortions in this state.
(d) Provides reimbursable medical assistance program services in the same physical facility as a licensed outpatient abortion facility.
(2)(a) The prohibition provided in this Section shall apply to state funds, federal funds, and any other public funds administered by the Louisiana Department of Health through a medical assistance program provider agreement. In the instance that a state or federal funding grant is denied to a healthcare provider, entity, or organization under this Section, such grant shall be redirected to qualified providers in the same geographical region as the healthcare provider, entity, or organization that was disqualified from such grant.
(b) For purposes of this Paragraph, "medical assistance program" and "provider agreement" shall have the meaning ascribed in R.S. 46:437.3.
(3) The prohibition provided in this Section shall not be construed to prohibit provision of public protections, such as fire, police, or emergency medical services, public utilities, or other such services to any entity or organization in the same manner as provided to the general public.
(4) The prohibition in this Section shall not be construed to restrict funding to an entity that may be engaged in performing the following types of abortions, exclusively, provided such abortions are performed in accordance with applicable state and federal laws:
(a) An abortion which is medically necessary to prevent the death of the mother.
(b) An abortion in a case when the mother is a victim of rape or incest.
(c) An abortion performed when the pregnancy is diagnosed as medically futile. For purposes of this Subparagraph, "medically futile" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth. This diagnosis shall be a medical judgment certified in the pregnant woman's medical record by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
Amended and redesignated from R.S. 36:21, See Acts 2016, No. 304, §5, eff. June 2, 2016; Acts 2018, No. 498, §1, eff. 30 days after federal action.
Repealed by Acts 1995, No. 846, §4, eff. Jan. 8, 1996.
The lieutenant governor or any other authorized official, while discharging the duties of the governor, shall receive a salary equal to that of the governor.
Added by Acts 1975, No. 330, §1.
A. No unclassified employee in the executive branch of state government shall receive any pay increases for a period commencing on the regularly scheduled gubernatorial primary election day and concluding on inauguration day without the approval of the Joint Legislative Committee on the Budget.
B.(1) If the governor or other public official believes that the pay of a person to whom Subsection A of this Section is applicable should be increased during the time period specified in Subsection A of this Section, the governor or other public official shall submit documentation to the Joint Legislative Committee on the Budget identifying the position, the name of the person, the qualifications of the person, and the reasons the governor or other public official believes the pay of the person should be increased.
(2) If the Joint Legislative Committee on the Budget receives such documentation during the time period specified in Subsection A of this Section, the committee shall have a meeting to consider the approval of any such pay increase.
C. The State Civil Service Commission may establish the same or substantially similar provisions as provided in this Section for each position in the classified service within the civil service system.
D. The provisions of Subsections A and B of this Section shall not apply to any position in a postsecondary or higher education system or institution.
Acts 2016, No. 588, §1, eff. June 17, 2016.
Repealed by Acts 1995, No. 846, §4, eff. Jan. 8, 1996.
The lieutenant governor shall be entitled to reimbursement of his actual expenses for all travel out of state in connection with his official duties and shall be entitled to be reimbursed for actual expenses incurred within the state of Louisiana, including but not limited to travel and lodging expenses and for attendance at meetings, conferences, and appearances in connection with his official duties.
Added by Acts 1975, No. 676, §1, eff. May 10, 1976. Amended by Acts 1977, No. 463, §1, eff. July 13, 1977; Acts 1981, No. 220, §1.
There shall be an executive counsel to the governor.
The executive counsel shall be appointed by the governor, and shall take the oath and be commissioned in the manner provided by law, and shall hold office at the pleasure of the governor appointing him, but not beyond the term of the governor; provided he shall hold office until his successor is appointed and qualified.
The executive counsel to the governor shall be a practicing attorney at law, licensed to practice in this state, and shall be a qualified elector of the state, and well versed in matters pertaining to the executive and other departments of the state government and the local governments.
The executive counsel to the governor shall be paid a salary to be fixed by the governor, payable monthly.
The executive counsel to the governor shall perform the duties assigned to him by the governor in connection with the administration of the governor's office, and with the duties of the governor. He may, at the direction of the governor, appear in all matters in which the governor or any board of which the governor is a member, is interested.
Wherever, by the constitution or laws of this state, the governor is made a member of any board, commission or corporation, the executive counsel may appear as the proxy of the governor and act in his place and stead.
Amended by Acts 1976, No. 557, §5.
A. The governor may appoint a secretary, who shall be designated as "Secretary to the Governor", and employ two stenographers and one messenger.
The governor may designate the secretary to act as his proxy, with full authority to act in his stead, on any board, commission, or public corporation of which the governor is a member. The secretary may administer oaths and certify to documents of public record of the executive department and may affix the seal of the executive department to such oaths and documents.
B. The seal to be used by the secretary shall bear on it the words: "Executive Department State of Louisiana" around the emblem of the pelican feeding her young, an exact duplicate of that emblem which is used on the state seal.
C. No fee shall be charged by the secretary to the governor for any service performed under the provisions of this Section.
Amended by Acts 1958, No. 284, §1, eff. July 7, 1958.
Repealed by Acts 2015, No. 241, §3.
When both the governor and the lieutenant governor are temporarily absent from the state at the same time and neither can be contacted as a result of the existence of an emergency situation, the official whose title appears first in the following list and who is present in the state shall act as governor to maintain the necessary continuity of state government:
(1) The elected secretary of state;
(2) The elected attorney general;
(3) The elected treasurer;
(4) The presiding officer of the Senate; and
(5) The presiding officer of the House of Representatives.
Acts 1986, No. 955, §1.
Repealed by Acts 1982, No. 747, §3
The governor shall be entitled to the use and occupancy of the governor's mansion as his official place of residence during his term of office; however, it shall be his duty to vacate the mansion one week prior to the end of his term and the governor-elect shall be entitled to the use and occupancy of the governor's mansion during that time together with the services of the personnel regularly employed therein. Responsibility for the mansion property and the administration of the provisions of this Section shall be vested in the legislative auditor during the week preceding the inauguration of the governor.
Added by Acts 1956, No. 95, §1; Acts 2001, No. 1102, §11.
The legislature, at its last regular session preceding the inauguration of the governor, shall appropriate the sum of sixty-five thousand dollars for the use of the governor-elect, to be available on his warrant, to cover necessary office expenses, including the rental of office space, the employment of clerical and other assistance, and the payment of stationery, postage, telephone service, and other similar charges. The funds so appropriated shall be available for the use of the governor-elect at any time following the promulgation of the returns of the general election declaring him to be the governor-elect. Within thirty days after his inauguration, the governor shall make an accounting to the legislative auditor of the amounts so expended and shall refund to the state any unexpended balance remaining from the appropriation herein authorized.
Added by Acts 1956, No. 95, §1; Acts 2001, No. 1102, §11.
Whenever, by the laws of this state, the governor is made a member of any board, commission, or corporation, any member of the governor's executive staff may, at the direction of the governor, appear as the proxy of the governor and act in his place and stead.
Acts 1989, No. 614, §1.
Repealed by Acts 2010, No. 774, §2, eff. June 30, 2010.
There is hereby created and established in the office of the governor the office of the coordinator of faith-based programs. The coordinator shall be appointed by the governor, subject to senate confirmation, to serve at the pleasure of the governor. The coordinator shall perform the duties assigned by the governor, shall serve as the liaison for faith-based organizations to coordinate opportunities for the state to access federal programs and to identify areas of potential benefit that result from coordinating efforts among the state and federal government and faith-based organizations. The office of the governor may utilize funding sources which are eligible for federal financial participation programs which serve the public interest.
Acts 2004, No. 643, §2.
All commissions shall be in the name and by the authority of the state of Louisiana and shall be sealed with the state seal, signed by the governor and countersigned by the secretary of state.
Added by Acts 1975, 1st Ex.Sess. No. 46, §1, eff. Feb. 20, 1975.
The governor may require written information and reports from all executive or administrative departments, officials, agencies, and instrumentalities of the executive branch of the state government and from any levee board, commission, port authority, department, or other state agency or instrumentality thereof. The written information and reports shall be with respect to their respective finances, duties and responsibilities and shall include any other information that may be useful to the governor or to any other supervisory official or agency, and that, in the opinion of the governor, may be useful and helpful in the administration of the affairs of the executive branch of the state government.
Added by Acts 1975, No. 50, §1.
The governor may establish within his office an office of civil rights to merge, consolidate, and administer the powers, duties, functions, and responsibilities of any state agency relative to equal employment opportunity and nondiscrimination in the provision of state services under the applicable state and federal statutes. It shall be the duty of such office to establish procedures where applicable to carry out such functions and responsibilities, including but not limited to procedures for investigation of and action on complaints regarding equal employment opportunity and discrimination in state services under the applicable state and federal statutes, and planning therefor.
Added by Acts 1978, No. 348, §2.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
A. Louisiana and its citizens have suffered catastrophic losses and human, economic, and social harm. For the benefit and protection of the state as a whole, its citizens, and its localities, hurricane protection is vital to survival. Hurricane protection and coastal restoration must be integrated to achieve a long-term solution of coastal protection. In addition to immediate needs for hurricane protection, coastal land loss in Louisiana continues in catastrophic proportions. Wetlands loss threatens valuable fish and wildlife production and the viability of residential, agricultural, energy, and industrial development in coastal Louisiana.
B. In the past, efforts by the state to address the myriad, interrelated problems of coastal protection have been inadequate, fragmented, uncoordinated, and lacking in focus and strong direction. The state must have a single agency with authority to articulate a clear statement of priorities and to focus development and implementation of efforts to achieve comprehensive integrated coastal protection. Without this authority, the safety of citizens, the viability of the state and local economies, and the long-term recovery from disasters such as Hurricanes Katrina and Rita remain in jeopardy.
C. The state must act to develop, implement, and enforce a comprehensive integrated coastal protection plan. The state must act to ensure that the plan incorporates a systems approach to integrate hurricane protection and coastal restoration efforts in order to achieve long-term and comprehensive integrated coastal protection. Comprehensive integrated coastal protection must proceed in a manner that recognizes that the proper functioning of each protective element is critical to the overall success of the plan and that without such proper functioning the safety of the state and its citizens and the viability of the entire plan are threatened. Further, comprehensive integrated coastal protection must proceed in a manner that recognizes the powers and duties of political subdivisions, including flood protection authorities, and levee districts, to fund and manage local activities that are consistent with the goals of a comprehensive integrated coastal protection plan. The state must act to conserve, restore, create, and enhance wetlands and barrier shorelines or reefs in coastal Louisiana while encouraging use of coastal resources and recognizing that it is in the public interest of the people of Louisiana to establish a responsible balance between development and conservation. Management of renewable coastal resources must proceed in a manner that is consistent with and complementary to the efforts to establish a proper balance between development and conservation.
D. The legislature declares that it is the public policy of the state to develop and implement, on a comprehensive and coordinated basis, an integrated coastal protection program in order to reduce if not eliminate the catastrophic rate of coastal land loss in Louisiana. Consistent with this goal, it is the policy of this state to achieve a proper balance between development and conservation and encourage the use of coastal resources.
E. It is the intention of the legislature that comprehensive integrated coastal protection be elevated to a position within state government of high visibility and action and that hurricane protection, storm damage reduction, flood control, and conservation and restoration of the coastal area be of high priority within that structure. To provide aggressive state leadership, direction, and consonance in the development and implementation of policies, plans, and programs to achieve comprehensive integrated coastal protection, including the encouragement of multiple uses of the coastal area and to achieve a proper balance between development and conservation, restoration, creation, and nourishment of renewable coastal resources, the legislature places responsibility for the direction and development of the state's comprehensive master coastal protection plan with the Coastal Protection and Restoration Authority Board within the office of the governor. In order to maximize the effectiveness of integrated coastal protection efforts, the Coastal Protection and Restoration Authority Board shall use an integrated effort to jointly coordinate master plan and annual plan development with the Coastal Protection and Restoration Authority, state agencies, political subdivisions, including flood protection authorities, levee districts, and federal agencies.
F. Notwithstanding any other provision of state law and in accordance with the requirements of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of America, and Pandemic Influenza Act of 2006, the Coastal Protection and Restoration Authority Board is established, authorized, and empowered to carry out any and all functions necessary to serve as the single entity responsible to act as the local sponsor for construction, operation and maintenance of all of the hurricane, storm damage reduction and flood control projects in areas under its jurisdiction, including the greater New Orleans and southeast Louisiana area.
Acts 1989 2nd Ex. Sess., No. 6, §3, eff. July 14, 1989; Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2025, No. 105, §3, eff. June 8, 2025.
As used in this Part, the following terms shall have the meanings ascribed to them below:
(1) "Annual plan" means the state integrated coastal protection plan submitted annually to the legislature as provided in this Part including amendments to the plan, as determined by the board. Such plan shall provide for protecting, conserving, enhancing, and restoring the coastal area through the construction and management of integrated coastal protection projects and programs pursuant to the provisions of R.S. 49:214.5.3.
(2) "Authority" means the Coastal Protection and Restoration Authority.
(3) "Board" means the Coastal Protection and Restoration Authority Board.
(4) "Coastal area" means the Louisiana Coastal Zone and contiguous areas subject to storm or tidal surge and the area comprising the Louisiana Coastal Ecosystem as defined in Section 7001 of P.L. 110-114.
(5) "Conservation and restoration" means the conservation, protection, enhancement, and restoration of coastal resources including but not limited to coastal wetlands, marshes, cheniers, ridges, coastal forests, and barrier islands, shorelines, coastal passes, or reefs through the construction and management of coastal resources enhancement projects, including privately funded marsh management projects or plans, and those activities requiring a coastal use permit which significantly affect such projects or which significantly diminish the benefits of such projects or plans insofar as they are intended to conserve or enhance coastal resources consistent with the legislative intent as expressed in R.S. 49:214.1.
(6) "Executive assistant" means the special assistant to the governor for coordination of coastal activities as delineated in R.S. 49:214.3.1.
(7) "Executive director" means the person appointed to serve as the head of the Coastal Protection and Restoration Authority.
(8) "Fund" means the Coastal Protection and Restoration Fund.
(9) "Hurricane protection" means systems to provide protection against tidal and storm surges.
(10) "Infrastructure" means facilities or systems in the coastal area that are negatively impacted by coastal land loss or rising seas, and that serve a critical public purpose and are consistent with the priorities stated in the master plan and the eligible uses of the Gulf of Mexico Energy Security Act of 2006. The term shall not include levee, hurricane protection, or coastal restoration systems.
(11) "Integrated coastal protection" means plans, projects, policies, and programs intended to provide hurricane protection or coastal conservation or restoration, and shall include but not be limited to coastal restoration; coastal protection; infrastructure; storm damage reduction; flood control; water resources development; erosion control measures; marsh management; diversions; saltwater intrusion prevention; wetlands and central wetlands conservation, enhancement, and restoration; barrier island and shoreline stabilization and preservation; coastal passes stabilization and restoration; mitigation; storm surge reduction; or beneficial use projects.
(12) "Master plan" or "comprehensive master coastal protection plan" means the long-term comprehensive integrated coastal protection plan combining coastal restoration, coastal zone management, storm damage reduction, hurricane protection, flood control, and the protection, conservation, restoration, and enhancement of coastal wetlands, marshes, cheniers, ridges, coastal forests, and barrier shorelines or reefs, including amendments, as determined by the board to the plan. It shall include but not be limited to state and political subdivision operations plans.
(13) "Program" means a management strategy with procedures, projects, schedules, operations, and related activities to achieve a stated goal or objective.
(14) "Project" means a physical structure or structures designed and constructed according to the annual plan.
(15) "Sponsoring authority" means the governing authority of any municipal, parish, or other political subdivision submitting an application for funding of a project in the program.
(16) "Wetlands" means an open water area or an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, but specifically excluding fastlands and lands more than five feet above mean sea level which occur within the designated coastal area of the state. Wetlands generally include swamps, marshes, bogs, and similar areas.
Acts 1989 2nd Ex. Sess., No. 6, §3, eff. July 14, 1989; Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2020, No. 89, §2.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
A. The executive assistant
(1) The executive assistant shall be appointed by the governor, subject to Senate confirmation, and shall serve at the governor's pleasure. He shall report directly to the governor.
(2) The governor, through the executive assistant, consistent with the legislative intent as expressed in R.S. 49:214.1, shall coordinate the powers, duties, functions, and responsibilities of any state agency relative to integrated coastal protection.
(3) The executive assistant shall employ necessary staff to carry out the duties and functions provided in this Part or as otherwise provided by law and may seek and utilize the assistance of personnel of the Coastal Protection and Restoration Authority or any state department or agency to carry out his duties, functions, and responsibilities as provided in this Part or otherwise provided by law. He shall manage his personnel as provided by law and shall manage his budget, office, and related functions as provided by law.
(4) Repealed by Acts 2012, No. 604, §5, eff. June 7, 2012.
B. Functions and responsibilities
(1) The governor, through the executive assistant, shall:
(a) Coordinate all state departmental budget requests for programs and projects pertaining to integrated coastal protection as well as all requests for funds to be appropriated from the Coastal Protection and Restoration Fund.
(b) Coordinate and focus the functions of all state agencies as they relate to integrated coastal protection, including infrastructure, hurricane protection and wetlands conservation and restoration, and mitigation projects related to wetlands in the coastal area.
(c) Review and reconcile state agency comments on federally sponsored integrated coastal protection, including infrastructure, hurricane protection, water resource development projects or permitted conservation and restoration activities to establish and present the official state position which shall be consistent with the policies of the authority.
(d) Represent the policy and consensus viewpoint of the state at the federal, regional, state, and local levels with respect to integrated coastal protection, including infrastructure, hurricane protection and wetlands conservation and restoration, and mitigation projects related to wetlands in the coastal area.
(e) Appraise the adequacy of statutory and administrative mechanisms for coordinating the state's policies and programs at both the intrastate and interstate levels with respect to integrated coastal protection, including infrastructure, hurricane protection and wetlands conservation and restoration, and mitigation projects related to wetlands in the coastal area.
(f) Appraise the adequacy of federal, regional, state, and local programs to achieve the policies and meet the goals of the state with respect to integrated coastal protection, including infrastructure, hurricane protection and wetlands conservation and restoration.
(g) Oversee and coordinate federal and state-funded research related to integrated coastal protection, including coastal land loss and subsidence, and the effects of storm surge.
(h) Coordinate and focus federal involvement in Louisiana with respect to integrated coastal protection, including infrastructure, hurricane protection and coastal wetlands conservation and restoration.
(i) Provide the official state recommendations to the legislature and congress with respect to policies, programs, and coordinating mechanisms relative to integrated coastal protection, including infrastructure, hurricane protection and wetlands conservation and restoration, or wetlands loss and storm surge research.
(j) Monitor and seek available federal and private funds consistent with the purposes of this Part.
(k) Take such other actions not inconsistent with law as are necessary to perform the duties, functions, and responsibilities of the executive assistant.
(2) The governor, through the executive assistant, may, in an effort to advance the plan or purposes of this Part, within any department, agency, board, or commission:
(a) Review and modify policies, procedures, or programs not established or approved by the legislature or pursuant to the Administrative Procedure Act that may affect the design, construction, operation, management, and monitoring and more particularly to require expeditious permitting of integrated coastal protection projects or expenditures from the fund.
(b) Review and request modifications of state departmental policies, procedures, programs, rules, and regulations that are established by law or pursuant to the Administrative Procedure Act that may affect the design, construction, operation, management, and monitoring of integrated coastal protection projects or expenditures from the fund. Such rule changes shall be initiated by the appropriate department.
(c) Appoint advisory panels.
(d) Review and modify proposed coastal use permits prior to issuance to the extent that such permits would authorize activities which significantly affect integrated coastal protection projects or which significantly diminish the benefits of projects intended to protect, conserve or enhance coastal areas and to require the issuance of permits for public or private integrated coastal protection projects or plans.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §§3, 5, eff. June 7, 2012.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
A. Statement of purpose
(1) Louisiana and its citizens have suffered catastrophic losses and human, economic, and social harm. For the benefit and protection of the state as a whole, its citizens, and its localities, hurricane protection is vital to survival. Hurricane protection and coastal restoration efforts must be integrated to achieve a long-term solution of integrated coastal protection. The state must act to develop, implement, and enforce a comprehensive integrated coastal protection plan. The state must act to ensure that the plan integrates hurricane protection, storm damage reduction, flood control, and coastal restoration efforts in order to achieve long-term and comprehensive integrated coastal protection.
(2) An important aspect of the need for integrated coastal protection is that Louisiana is annually losing between twenty-five and thirty-five square miles of coastal area to the Gulf of America. In 2005, and again in 2008, the coastal area suffered a devastating loss of hundreds of square miles resulting from Hurricanes Katrina, Rita, Gustav, and Ike. The loss of the state's coastal lands threatens natural, cultural, and economic resources which are of vital importance to our state and nation. The numerous benefits provided by our coastal area include the presence of an abundance of habitat for waterfowl, fur-bearing species, and fisheries that support recreational and commercial interests. In addition, our coastal area acts as the first line of defense for coastal communities, including New Orleans, in the face of hurricanes and tropical storm surges. They also provide protection for the pipelines through which much of our nation's energy supply flows. And, our coastal area is home to unique and diverse cultures that have called the wetlands home for many generations.
(3) The state of Louisiana recognizes the need to develop, implement, and enforce a comprehensive integrated coastal protection plan. As a component of the plan, the state of Louisiana recognizes the necessity of establishing a sustainable integrated coastal ecosystem. The task of developing a comprehensive integrated coastal protection plan and restoring and developing a sustainable coastline will require implementation of an holistic, comprehensive engineering plan which encompasses the entirety of southern Louisiana. It will require the cooperation and participation of numerous state, federal, and local agencies. In addition, the task of plan development and restoring and conserving this ecosystem will require the participation and support of the numerous and diverse interests that live, work, and recreate in those wetlands and others who depend upon our coast's continued health and existence. In order to provide a venue for input from the broad range of persons and groups who must participate in and assist the efforts to protect, preserve, restore, and enhance the coast of Louisiana, it is hereby declared to be in the public interest that the Governor's Advisory Commission on Coastal Protection, Restoration and Conservation be created in the office of the governor.
B. Membership
(1) The Governor's Advisory Commission on Coastal Protection, Restoration and Conservation is hereby created and shall be composed as follows:
(a) Two members to be appointed by the governor from the academic community.
(b) Two members to be appointed by the governor from the business and industrial community.
(c) Two members to be appointed by the governor from the nonprofit corporation community.
(d) Two members to be appointed by the governor from the conservation community.
(e) Two members to be appointed by the governor from the agricultural community.
(f) Two members to be appointed by the governor from governing bodies of political subdivisions of the state.
(g) Two members to be appointed by the governor from the energy production and distribution sector.
(h) Two members to be appointed by the governor to represent the fishing community, one of whom shall be from the commercial fishing industry and one of whom shall be from the recreational fishing community.
(i) One member to be appointed by the governor from the oyster industry.
(j) Two members to be appointed by the governor to represent coastal landowners.
(k) Two members to be appointed by the governor to represent ports and related industries.
(l) Six members to be appointed at large by the governor.
(m) The president of the Senate or his designee.
(n) The speaker of the House of Representatives or his designee.
(o) The chairman of the House Committee on Natural Resources and Environment or his designee.
(p) The chairman of the Senate Committee on Natural Resources or his designee.
(q) Two members appointed by the Association of Levee Boards of Louisiana from the members of levee boards having districts located in whole or in part within the Louisiana coastal area. The members so appointed shall serve terms concurrent with that of the governor.
(r) One member appointed by the governor representing the maritime industry.
(s) The chairman of the House Committee on Transportation, Highways and Public Works or his designee.
(t) The chairman of the Senate Committee on Transportation, Highways and Public Works or his designee.
(2) In addition, the governor or the commission may request employees of federal agencies involved with coastal restoration activities to participate as nonvoting members of the commission.
C. Terms of appointment
(1) Each appointment shall be for a term of four years except as provided in Paragraph (2) of this Subsection.
(2) The initial term for each appointee shall be as follows:
(a) For the two appointments provided for in Subparagraph (B)(1)(a) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(b) For the two appointments provided for in Subparagraph (B)(1)(b) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(c) For the two appointments provided for in Subparagraph (B)(1)(c) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(d) For the two appointments provided for in Subparagraph (B)(1)(d) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(e) For the two appointments provided for in Subparagraph (B)(1)(e) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(f) For the two appointments provided for in Subparagraph (B)(1)(f) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(g) For the two appointments provided for in Subparagraph (B)(1)(g) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(h) For the two appointments provided for in Subparagraph (B)(1)(h) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(i) The appointment provided for in Subparagraph (B)(1)(i) of this Section shall be appointed for an initial term of four years.
(j) For the two appointments provided for in Subparagraph (B)(1)(j) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(k) For the two appointments provided for in Subparagraph (B)(1)(k) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(l) For the six appointments provided for in Subparagraph (B)(1)(l) of this Section, two shall be appointed for an initial term of six years, two shall be appointed for an initial term of three years, and the remaining two shall be appointed for an initial term of one year.
D. The governor shall appoint a chairman and a vice chairman.
E. The commission shall have the following powers, duties, and functions:
(1) To advise the governor and the executive assistant for integrated coastal activities relative to the overall status and direction of the state's coastal protection program.
(2) To provide a forum for coordinating integrated coastal protection activities and the exchange of information on the status of various state, federal, and local programs affecting integrated coastal protection.
(3) To foster cooperation on integrated coastal protection issues among federal, state, and local governmental agencies, conservation organizations, and the private sector.
(4) To develop advice with respect to the identification and resolution of conflicts among agencies and stakeholders related to integrated coastal protection efforts and to assist in the identification of any other activity which might conflict with the integrated coastal protection efforts.
(5) To review programs, conditions, trends, and scientific and engineering findings which affect integrated coastal protection in order to make recommendations for improvements to the state's integrated coastal protection efforts.
(6) To assist in the identification of potential sources of funding for integrated coastal protection programs and to develop advice with respect to developing recommendations for expenditures which are in the best interest of the state.
(7) To report by March first each year to the governor and the legislature relative to the progress, challenges, and recommendations concerning policy and possible legislation for the integrated coastal protection program.
F. The executive assistant shall provide staff services for the commission.
G. The commission shall meet as necessary at the call of the chairman. Members shall not receive a per diem for attendance at meetings but may be reimbursed for travel expenses and meals at the rate paid by the state for state employees.
H. The commission may appoint subcommittees to study and analyze issues affecting integrated coastal protection. The subcommittees may be composed of commission members and may include other members who are not appointed members of the commission. Any member of a subcommittee who is not a member of the commission shall be appointed to the subcommittee by the commission in an open meeting, and they may be reimbursed for travel expenses and meals, at the rate paid by the state for state employees, but only if and to the extent approved by the commission.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2025, No. 105, §3, eff. June 8, 2025.
A. The America's WETLAND Trail may be established in the Coastal Protection and Restoration Authority.
B. The purpose of the America's WETLAND Trail shall be to heighten awareness of the dramatic coastal land loss occurring in south Louisiana and what that loss means to the entire state and the nation and to promote an understanding of how important the wetlands are to the state and the nation and what benefits are derived from these vital wetlands.
C.(1) The Coastal Protection and Restoration Authority may develop and implement a plan for the trail which shall at a minimum meet the objectives in Paragraph (2) of this Subsection.
(2) The trail will connect sites and events along coastal Louisiana from the western border with Texas to the eastern border with Mississippi. The sites included will highlight wildlife preserves and refuges, environmental and cultural resource centers, birding and nature trails, and cultural and historic sites. In addition, opportunities and tours will be included that allow visitors and state residents to experience the vast natural resources of the wetlands and the culture of our heritage through fairs and festivals, and generally to access the eco-tourism opportunities in the state of Louisiana.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
A. The Coastal Protection and Restoration Authority Board is hereby created within the office of the governor. The board is hereby established, and shall exercise the powers and duties hereinafter set forth or otherwise provided by law. The provisions of R.S. 44:5(A) shall not be applicable to any activities or records of or pertaining to the authority.
B. The Coastal Protection and Restoration Authority Board shall consist of the following members:
(1) Executive assistant to the governor for coastal activities.
(2) Secretary of the Department of Conservation and Energy or his designee.
(3) Secretary of the Department of Wildlife and Fisheries or his designee.
(4) Secretary of the Department of Environmental Quality or his designee.
(5) Eight members who shall be appointed by the governor, in consultation with the Police Jury Association of Louisiana and the Association of Levee Boards of Louisiana, from nominations submitted by levee districts located in whole or in part in the coastal area, from legislators who represent districts in whole or in part in the coastal area, and from parish governing authorities located in whole or in part in the coastal area. There shall be at least one appointee who is a resident from each of the following hydrologic basins established by the Coastal Wetlands Planning, Protection, and Restoration Act, 16 U.S.C. 3951 et seq.:
(a) Pontchartrain Basin.
(b) Breton Sound or Mississippi Delta Basins.
(c) Baratarian Basin.
(d) Terrebonne Basin.
(e) Atchafalaya Basin.
(f) Mermentau Basin or Teche/Vermilion Basin.
(g) Calcasieu/Sabine Basin.
(6) The chair of the Governor's Advisory Commission on Coastal Protection, Restoration, and Conservation or his designee.
(7) The speaker of the House of Representatives, or his designee, who shall serve as an ex officio member who shall not have the authority to vote and who shall not be counted for purposes of a quorum.
(8) The president of the Senate, or his designee, who shall serve as an ex officio member who shall not have the authority to vote and who shall not be counted for purposes of a quorum.
(9) The lieutenant governor or his designee who is an employee of the office of lieutenant governor.
(10) Three at-large members who shall be appointed by the governor.
C. Any member of the board who represents a political subdivision shall recuse himself from deliberations and from voting on any matter concerning the taking of action against that political subdivision for lack of compliance with the plan.
D. The executive assistant shall serve as chairman and shall develop procedures for the operation of the board.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2019, No. 441, §1, eff. Jan. 13, 2020; Acts 2023, No. 150, §20, eff. Jan. 10, 2024; Acts 2024, No. 726, §§1, 2, eff. June 19, 2024.
A. The board shall:
(1) Represent the state's position in policy relative to the protection, conservation, enhancement, and restoration of the coastal area of the state through oversight of integrated coastal protection projects and programs and by addressing activities which require a coastal use permit which could significantly affect integrated coastal protection projects and programs, all consistent with the legislative intent as expressed in R.S. 49:214.1.
(2) Develop, coordinate, make reports on, and provide oversight for a comprehensive coastal protection master plan and annual plans, working in conjunction with state agencies, political subdivisions, including flood protection authorities, levee districts, and federal agencies. The master plan shall include a comprehensive strategy addressing the protection, conservation, enhancement, and restoration of the coastal area through the construction and management of integrated coastal protection projects and programs, all consistent with the legislative intent as expressed in R.S. 49:214.1. The annual plan shall be developed as the annual implementation of the comprehensive master plan and shall be submitted to the legislature for approval as set forth in R.S. 49:214.5.3. The annual plan shall include a description and status of all projects and programs pertaining to integrated coastal protection, including privately funded wetland enhancement projects or plans, and addressing those activities requiring a coastal use permit which significantly affect projects set forth in the plan, all consistent with the legislative intent as expressed in R.S. 49:214.1.
(3) Submit to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works the integrated coastal protection plans developed pursuant to R.S. 49:214.5.3. Upon approval of the plans by the legislative committees and prior to implementation of the plans, in whole or in part, the plans shall be approved by the legislature as provided in R.S. 49:214.5.3(E).
(4) Have the discretion to approve all requests for integrated coastal protection programs and projects in the coastal area, insofar as such requests are for funds to be appropriated from the Coastal Protection and Restoration Trust Fund.
(5) Be authorized to delegate any of its powers, duties, and functions to the chairman of the board, to the executive director of the Coastal Protection and Restoration Authority, or to state agencies, political subdivisions, including flood protection authorities, or levee districts.
(6) Develop procedures in accordance with the Administrative Procedure Act and take actions against any entity, including political subdivisions, to enforce compliance with the comprehensive master coastal protection plan. Such procedures and actions may include but are not limited to determinations of noncompliance; appeal from such determinations; the taking of administrative action, including the withholding of funds; and civil action, including the seeking of injunctive relief, or any other remedy necessary to ensure compliance with the plan.
(7) Have the power and authority to enter into any contract with the federal government or any federal agency or any political subdivision of the state or private individual for the study, planning, engineering, design, construction, operation, maintenance, repair, rehabilitation, or replacement of any integrated coastal protection project and to this end, may contract for the acceptance of any grant of money upon the terms and conditions, including any requirement of matching the grants in whole or part, which may be necessary.
(8) Have the power and authority to maximize the use of non-federal funds and in-kind donations to provide for the costs associated with non-federal cost-share requirements associated with integrated coastal protection projects.
(9) Develop guidelines for cost-sharing agreements with public and private entities participating in approved integrated coastal protection projects.
(10) Be the responsible party for the Westbank Hurricane Protection projects in accordance with R.S. 38:100 et seq., and the Lower Atchafalaya River Interim Flood Protection projects in accordance with R.S. 38:106 et seq.
(11) Have the power to enter into any agreement with a parish governing authority located wholly or partially within the coastal area but which is not part of a levee district for the construction, operation, maintenance, repair, rehabilitation, or replacement of any coastal protection, conservation and restoration, hurricane protection, infrastructure, storm damage reduction, integrated coastal protection, or flood control project. The board shall have the power to provide in the agreement for the use and exercise by the parish governing authority of any and all powers of levee districts or levee and drainage districts.
B. The board may:
(1) Accept and use, in accordance with law, gifts, grants, bequests, endowments, or funds from any public or private source for purposes consistent with responsibilities and functions of the board and take such actions as are necessary to comply with any conditions required for such acceptance.
(2) Utilize the services of other executive departments of state government upon mutually agreeable terms and conditions.
(3) Take such other actions not inconsistent with law as are necessary to perform properly the functions of the board.
(4) Adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subpart.
(5) Delegate signing authority for contracts to the chairman of the board, the executive director of the Coastal Protection and Restoration Authority, or an authorized designee of either. Such designation by the chairman or the executive director shall be by authentic act.
C. Approval by the board shall be required for any request by a state agency or department for any funds to finance research, programs, mitigation, or projects involving integrated coastal protection, including hurricane protection or the conservation and restoration of coastal wetlands resources; however, this Subsection shall not affect self-generated or dedicated funds.
D. No state agency or entity shall enter into a contract with the United States Army Corps of Engineers which would require the state to assume liability for or provide the cost of operations and maintenance for a hurricane protection project unless the contract provides for independent third-party review and evaluation in accordance with the best available science and technical capabilities to confirm the project's anticipated level of protection against hurricane flooding prior to the state or political subdivision assuming liability and operations and maintenance obligations. The independent third-party reviewer and evaluator provided for in the contract shall be approved by both the United States Army Corps of Engineers and the nonfederal sponsor. However, the provisions of this Subsection shall not apply to contracts for routine maintenance or other minor construction or repairs, or in cases where there is imminent threat to life or property, or when the chairman of the Coastal Protection and Restoration Authority Board, with the approval of the board, determines that an emergency exists whereby compliance with the provisions of this Subsection would create an unreasonable hardship.
E. Notwithstanding any other provision of law to the contrary, the Department of Wildlife and Fisheries may enter into a cooperative endeavor agreement with the authority, board, or a levee district to allow the use of the department's personnel, equipment or lands owned or leased by the state to satisfy wetland mitigation requirements imposed upon the authority or levee district by federal, state, or local law.
F. Upon the approval by the board, and notwithstanding any law to the contrary, the authority, the state, or any political subdivision thereof, may use its own resources for satisfying any mitigation requirements resulting from or related to an integrated coastal protection project.
G. Notwithstanding any law to the contrary, the Coastal Protection and Restoration Authority, upon approval by the board, may enter into a contract for the study, investigation, and cleanup of, or response to, hazardous substances directly with any person or entity who has entered into a contract with the United States Army Corps of Engineers for an integrated coastal protection program or project where the hazardous substance is located and if federal law, rules, regulations, guidance, or the terms of a cooperative, partnership, or other agreement for the program or project require the state of Louisiana to directly take action with regard to the study, investigation, and cleanup of, or response to, the hazardous substance. Nothing in this Section shall prevent the authority from contracting with any person or entity in any other manner permitted by law. In approving the contract with the United States Army Corps of Engineers contracting entity or person, the board shall do all of the following:
(1) Make a determination that the United States Army Corps of Engineers entered into the contract with its contractor through a public bid process.
(2) Obtain from contractors other than the one under contract with the United States Army Corps of Engineers, at least two estimates for the needed work to be conducted under the contract for study, investigation, and cleanup of, or response to, hazardous substances from persons or entities qualified to conduct such work, as determined by the board.
(3) Obtain an estimate for the needed work from the United States Army Corps of Engineers contractor.
(4) Make a determination that contracting directly with the United States Army Corps of Engineers contractor is economical, feasible, and in the best interest of the health, safety, and welfare of the citizens of the state of Louisiana.
H.(1) The board may establish a natural resource damages restoration banking program as an alternative method to offset injuries to natural resources sustained as a result of oil spills in coastal areas as defined in R.S. 49:214.2, consistent with the Oil Pollution Act of 1990 and the Oil Spill Prevention and Response Act, R.S. 30:2451 et seq. A "restoration bank" is a site where land or resources are restored, created, enhanced, or preserved for the purpose of restoring natural resources injured by oil spills in Louisiana's coastal areas. "Restoration" is an umbrella term whose meaning encompasses the creation, enhancement, preservation, rehabilitation, or replacement of natural resources. Such restoration bank program shall be established through the promulgation of rules and regulations under the Administrative Procedure Act and shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources for oversight. The rules and procedures developed by the board shall do the following:
(a) Set forth a process and procedures for the certification and establishment of restoration banks in the state, including criteria for adoption of a restoration banking instrument. "Restoration banking instrument" is the documentation of state and bank sponsor agreement on the objectives and administration of the bank that describes in detail the physical and legal characteristics of the bank, including the service area, the types and numbers of restoration credits expected to be generated, and how the bank will be established and operated. "Restoration credit" means a unit of trade generated by a restoration bank certified by the state and representing the increase in the ecological value of the bank site, as measured by acreage, ecological function, or another recognized assessment method.
(b) Ensure certification is provided only to restoration banks meeting the requirements of this Chapter and the rules and procedures promulgated by the board.
(c) Ensure priority for certification is given to restoration banks that enhance the resilience of coastal resources to inundation and coastal erosion.
(d) Ensure certification is provided only to restoration banks for which the restoration banking sponsor has secured adequate financial assurance and permanent legally enforceable protection for any restored lands or resources. "Financial assurance" means the money or other form of financial instrument required of the sponsor of a restoration bank to ensure that the functions of the bank are achieved and maintained over the long term.
(e) Establish criteria for determining service areas for restoration banks.
(f) Establish criteria for operation and monitoring of restoration banks.
(g) Establish ecological success criteria or performance standards for restoration banks.
(h) Establish a system for calculating the number and type of restoration credits generated by a restoration bank.
(i) Establish a system for the transfer or sale of restoration credits to a responsible party or natural resource trustee and for the transfer of liability for restoration from a responsible party to the restoration bank sponsor in a manner that provides natural resource trustee agencies with certainty as to restoration outcomes.
(2) Neither the state nor any state agency may act as a natural resource damage restoration bank sponsor under the provisions of this Subsection. For the purposes of this Subsection, a "bank sponsor" is a person or entity responsible for developing and operating a natural resource damage restoration bank.
I. The board may adopt rules establishing a compensation schedule for the unauthorized discharge of oil in coastal areas. The compensation schedule shall be adopted under the provisions of the Administrative Procedure Act and submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources for oversight. "Unauthorized discharge of oil" means any actual or threatened discharge of oil not authorized by a federal or state permit as provided in R.S. 30:2451 et seq., the Oil Spill Prevention and Response Act. Any compensation schedule adopted pursuant to this Section shall reflect adequate compensation for unquantifiable damages or for damages not quantifiable at reasonable cost and shall take into account the following:
(1) Characteristics of any oil spilled, such as toxicity, dispersibility, solubility, and persistence, that may affect the severity of the effects on the receiving environment, living organisms, and recreational and aesthetic resources.
(2) The sensitivity of the affected areas as determined by such factors as the following:
(a) The location of the spill.
(b) Habitat and living resource sensitivity.
(c) Seasonal distribution or sensitivity of living resources.
(d) Areas of recreational use or aesthetic importance.
(e) The proximity of the spill to important habitats for birds, aquatic mammals, fish, or to species listed as threatened or endangered under state or federal law.
(f) Significant archaeological resources as determined by the division of archaeology of the Department of Culture, Recreation and Tourism.
(g) Other areas of special ecological or recreational importance, as determined by the authority.
(3) Actions taken by the party who spilled oil or any other responsible party for the spill that include the following:
(a) Demonstrating a recognition and affirmative acceptance of responsibility for the spill, such as the immediate removal of oil and the amount of oil removed from the environment.
(b) Enhancing or impeding the detection of the spill, the determination of the quantity of oil spilled, or the extent of damage, including the unauthorized removal of evidence such as injured fish or wildlife.
J. The board shall submit to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources by January fifteenth of each calendar year a report listing each restoration bank certified under the provisions of Subsection H of this Section, including the names of the principals involved in the bank, every restoration credit traded over the past twelve months, and the two parties between whom the credits were traded.
K.(1) The board shall broadcast over the internet live audio and video streams of all its board meetings in which votes are scheduled to occur.
(2) All meetings broadcast in accordance with Paragraph (1) of this Subsection shall be recorded, archived, and made accessible to the public for at least six years after the date of the meeting.
(3) The provisions of this Subsection shall not apply to executive sessions held in accordance with the Open Meetings Law as provided in R.S. 42:11 et seq.
(4) The audio and video records created pursuant to this Subsection shall not be construed in a manner to be the official record, or any part of the official record, of the proceedings of a meeting of the board.
(5) If the board is precluded from fulfilling the requirements of this Subsection due to a technical problem beyond its control, or when the only meeting room available lacks the equipment necessary to facilitate internet broadcast, the failure to broadcast or record the proceedings of a meeting of the board shall not be construed to be a violation of the provisions of this Subsection. However, the board shall take no votes at this meeting.
Acts 2009, No. 320, §1; Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 734, §6; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2014, No. 527, §1, eff. June 5, 2014; Acts 2015, No. 69, §1; Acts 2016, No. 362, §1; Acts 2018, No. 157, §1, eff. May 15, 2018.
A.(1) The board shall, in accordance with the procedures set forth in this Section, develop a master plan for integrated coastal protection and an annual plan for integrated coastal protection for protecting, conserving, enhancing, and restoring the coastal area through the construction and management of integrated coastal protection projects and programs, including privately funded marsh management projects or plans, and addressing those activities requiring a coastal use permit which significantly affect such projects, all consistent with the legislative intent as expressed in R.S. 49:214.1, and which plan shall be subject to the approval of the legislature as provided in Subsections B and E of this Section. In addition, the board, in accordance with the procedures set forth in this Section including legislative approval, shall review, revise, and amend the master plan when necessary or, at a minimum, every six years.
(2) The master plan and the annual plan shall include requests for funding of projects and programs related to integrated coastal protection. The annual plan shall include at least a three-year projection of funding of projects and programs related to integrated coastal protection, including but not limited to relevant public or private funding sources.
B. The board shall develop the master and annual plans in accordance with the following procedure:
(1) The board shall conduct not less than three public hearings in separate locations in the western, central, and eastern areas of the coastal area for the purpose of receiving comments and recommendations from the public and elected officials. All public hearings must be held at least sixty days prior to the submission of the plans to the legislature.
(2) At least two weeks prior to each public hearing the board shall contact the parish governing authorities, regional flood protection authorities, levee districts, and the state legislators of the parishes in the coastal area for the purpose of soliciting their comments and recommendations and notifying them of the public hearing to be held in their area.
(3) Ten days prior to the first such public hearing the board shall publish in the Louisiana Register and the official state journal the schedule of public hearings setting out the location, place, and time of all the hearings.
(4) At least seven days prior to each hearing the board shall publish a notice of the hearing in the official journal of each parish within the area of the hearing. The notice of a hearing shall have been published in the official journal of each parish in the coastal area prior to the final scheduled public hearing. The board may provide for additional public hearings when necessary upon at least three days notice published in the official journal of the parishes in the area of the hearing and written notice to the parish governing authorities.
(5) The board shall receive written comments and recommendations until thirty days prior to the submission of the master and annual plans to the legislative committees.
C. The master plan shall address integrated coastal protection efforts from both short-term and long-range perspectives and shall incorporate structural, management, and institutional components of both efforts. The plan shall include but not be limited to the following:
(1) A list of projects and programs required for the protection, conservation, enhancement, and restoration of the coastal area and the action required of each state agency to implement said project or program.
(2) A schedule and estimated cost for the implementation of each project or program included in the master plan.
D.(1) Where feasible, the master plan shall include scientific data and other reasons, including but not limited to the social, geographic, economic, engineering, and biological considerations as to why each project or program was selected for inclusion. Specifically, this will include an explanation as to how each project or program advances the plan objectives with respect to the protection, conservation, enhancement, and restoration of the coastal area.
(2) Prior to recommending any project for inclusion in the master plan, the board shall identify and declare in writing:
(a) The public use benefits intended to be derived from the project which justify the project.
(b) The use benefits which private landowners are expected to derive from the project.
(c) The manner in which the benefits will be realized over the life of the project.
(d) The entities or persons who will be responsible for the long-term operation and maintenance of the project both in terms of manpower and cost.
(e) The entities or persons who will be responsible for monitoring the project to ensure that it is functioning properly and realizing the intended public and private benefits.
E.(1) After adoption by the board, the master plan shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works for approval. In addition, the annual plan shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works on or before the fifteenth day of the regular legislative session of each year. The committees shall take action on the annual plan on or before June first of each calendar year.
(2) If any committee disapproves a plan, it shall send the plan back to the authority together with a brief summary of the reasons for disapproval and may make recommendations concerning changes it deems necessary or appropriate to remedy any deficiencies in the plan.
(3) The legislature may approve or disapprove a plan by resolution adopted by a majority vote of the members of each house of the legislature. If the legislature disapproves a plan, it shall include in the resolution a brief summary of the reasons for disapproval and may make recommendations concerning any changes it deems necessary or appropriate to remedy any deficiencies in the plan.
(4) If the legislature approves the master plan, or if the legislature fails to take action on the master plan within sixty days after the plan is submitted, the board shall provide for implementation of the plan as submitted. If the legislature approves the annual plan, or if the legislature fails to disapprove the annual plan by July first, the board shall provide for implementation of the plan as submitted. The projects and programs provided for in the annual plan shall be undertaken in conformity with the order of priority as contained in the annual plan.
(5) At any time subsequent to the adoption or implementation of a plan in accordance with the procedure set forth herein, the board may amend or supplement the plan to add or delete projects and programs. No project shall be added or deleted unless and until the amendment to the plan is approved as provided herein. Any such amendment to the plan submitted to the legislature shall conform to the requirements specified in Subsections B and D of this Section.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2018, No. 244, §1.
A. To provide a dedicated, recurring source of revenue for the development and implementation of a program to protect and restore Louisiana's coastal area, there is hereby established in the state treasury the Coastal Protection and Restoration Fund.
B. Of all mineral revenues received in each fiscal year by the state including those received as a result of the production of or exploration for minerals, hereinafter referred to as mineral revenues from severance taxes, royalty payments, bonus payments, or rentals, and excluding federal revenues received as provided in Subsection E of this Section and such revenues received by the state as a result of grants or donations when the terms or conditions thereof require otherwise, the treasurer shall make the following allocations:
(1) To the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana.
(2) To the political subdivisions of the state as provided in Article VII, Sections 4(D) and (E) of the Constitution of Louisiana.
(3) As provided by the requirements of Article VII, Sections 10-A and 10.1 of the Constitution of Louisiana.
C. After making the allocations provided for in Subsection B of this Section, the treasurer shall then deposit in and credit to the Coastal Protection and Restoration Fund any amount of mineral revenues that may be necessary to ensure that a total of five million dollars is deposited into such fund for the fiscal year from this source; provided that the balance of the fund which consists of mineral revenues from severance taxes, royalty payments, bonus payments, or rentals shall not exceed the amount provided in Subsection F of this Section.
D. After making the allocations and deposits as provided for in Subsections B and C of this Section, the treasurer shall deposit in and credit to the fund as follows:
(1) Two percent of the mineral revenues received in excess of the allocations provided for in Subsections B and C of this Section. The treasurer shall reduce the deposit made pursuant to this Paragraph by the amount of deposits made pursuant to Paragraphs (2) and (3) of this Subsection.
(2) Ten million dollars of the mineral revenues in excess of six hundred million dollars which remain after the allocations provided for in Subsection B of this Section are made by the treasurer.
(3) Ten million dollars of the mineral revenues in excess of six hundred fifty million dollars which remain after the allocations provided in Subsection B of this Section are made by the treasurer.
E.(1) Subject to Article VII, Sections 9(B) and 10.1 of the Constitution of Louisiana, in each fiscal year, the federal revenues that are received by the state generated from Outer Continental Shelf energy production, including but not limited to oil and gas activity, wind energy, solar energy, tidal energy, wave energy, geothermal energy, and other alternative or renewable energy production or sources, and eligible, as provided by federal law, to be used for the purposes provided in this Subsection shall be deposited and credited by the treasurer to the Coastal Protection and Restoration Fund.
(2) Such federal revenues shall be used only for the purposes of integrated coastal protection, including but not limited to coastal wetlands conservation, coastal restoration, hurricane protection, or for infrastructure directly impacted by coastal wetlands losses.
(3) In each year, no more than ten percent of the federal revenues received by the state generated from Outer Continental Shelf energy production may be used for the purposes of infrastructure directly impacted by coastal wetlands losses.
(4) In each fiscal year, at least two hundred thousand dollars but no more than seven percent of the federal revenues received by the state generated from Outer Continental Shelf energy production may be used for administrative costs or fees. The provisions of this Paragraph shall not apply to the following:
(a) Any revenues received by the state pursuant to 43 U.S.C. 1337(g), also known as "8(g)" funds.
(b) Any securitization or other monetizing of all or any portion of the federal revenues received by the state generated from Outer Continental Shelf energy production.
(c) Any monies received by the state for reimbursement of costs in response to the Deepwater Horizon oil spill.
(5)(a) Beginning with Fiscal Year 2022, a portion of the total federal revenues received by the state generated from Outer Continental Shelf energy production shall be allocated solely for hurricane protection projects, including operation and maintenance, that are included in or consistent with the master plan as follows:
(i) For Fiscal Years 2022 through 2024, a minimum of forty percent.
(ii) For Fiscal Years 2025 through 2027, a minimum of forty-five percent.
(iii) For Fiscal Year 2028 and subsequent fiscal years, a minimum of fifty percent.
(b) If the total federal revenues received by the state generated from Outer Continental Shelf energy production are less than one hundred million dollars in any fiscal year, then the minimum allocations contained in Subparagraph (a) of this Paragraph shall not apply.
(c) The authority may offset the funds allocated for hurricane protection projects as provided in Subparagraph (a) of this Paragraph with funds from other available sources.
(d) In the event the authority is unable to meet the allocations as provided in Subparagraph (a) of this Paragraph in any fiscal year, the authority may modify the allocation for that fiscal year. No modification shall be made without prior approval of the board and the Joint Legislative Committee on the Budget.
(e) Any revenues received by the state as provided in this Paragraph and allocated to a levee district shall only be utilized by a levee district for construction, and operations and maintenance of hurricane protection projects.
F. The money in the fund shall be invested as provided by law, and any earnings realized on investment of money in the fund shall be deposited in and credited to the fund. Revenues derived from integrated coastal protection programs, projects, or activities shall be deposited in and credited to the fund. Money from other sources, such as donations, appropriations, or dedications, may be deposited in and credited to the fund; however, the balance of the fund which, exclusive of federal revenues received as provided for in Subsection E of this Section and state revenues as provided in Subsection K of this Section, consists of mineral revenues from severance taxes, royalty payments, bonus payments, or rentals shall not exceed five hundred million dollars. Any unexpended money remaining in the fund at the end of the fiscal year shall be retained in the fund.
G. The money in the Coastal Protection and Restoration Fund is subject to appropriations by the legislature for the purposes of integrated coastal protection. The money in the fund may be used only for those projects and programs which are consistent with the statement of intent, R.S. 49:214.1, and the annual plan as it pertains to the integrated coastal protection and may include but not be limited to the following purposes:
(1) Projects and structures engineered for the enhancement, creation, or restoration of coastal wetlands.
(2) Match for federal or local project planning, design, construction, and monitoring.
(3) Administration and project management, planning, design, construction, and monitoring.
(4) Operation and maintenance of structural projects consistent with the purpose of this fund.
(5) Vegetation planting, seeding, or other revegetation methods.
(6) Planning and implementation of modifications to federal, state, or local flood control, navigation, irrigation, or enhancement projects.
(7) For coastal wetlands conservation, coastal restoration, coastal zone management, hurricane protection, and infrastructure directly impacted by coastal wetlands losses.
(8) The administration and operation of the Coastal Protection and Restoration Authority, the Coastal Protection and Restoration Authority Board, the Governor's Advisory Commission on Coastal Protection, Restoration, and Conservation, and the Coastal Protection and Restoration Financing Corporation.
(9) Projects and programs promoting scientific, technical, and engineering advancements for the sustainability of coastal Louisiana and ensuring that the best available scientific and technical information and tools are available for the implementation of the master plan and annual plan.
(10) Payment of debt service or other payment obligations required in connection with bonds or other debt obligations of the Coastal Protection and Restoration Authority.
H. As used in this Section, the term "balance of the fund" shall mean those monies in the fund which have not been expended or obligated under the plan approved pursuant to R.S. 49:214.5.3, or otherwise obligated in accordance with law.
I.(1) Any monies received by the state for violations pursuant to section 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; R.S. 30:2025(E)(1) and (2); and R.S. 30:2001 et seq., including R.S. 30:2071 et seq., associated with the Deepwater Horizon oil spill that began on April 20, 2010, shall be deposited and credited by the treasurer to the Coastal Protection and Restoration Fund for integrated coastal protection efforts, including coastal restoration, hurricane protection, and improving the resiliency of the Louisiana Coastal Area affected by the Deepwater Horizon oil spill.
(2) Nothing in this Subsection shall be construed as affecting funds associated with the Natural Resources Damage Assessment process.
J. The authority is authorized to create one or more construction or project funds within the Coastal Protection and Restoration Fund, into which may be deposited the proceeds of any bonds or other debt obligations of the authority. Such construction or project funds may be maintained by the authority or any fiduciary appointed in connection with the authority only for the purpose or purposes for which such bonds or other debt obligations are issued. Funds held in any such construction or project fund shall not be subject to the other requirements of this Section.
K.(1) Subject to Article VII, Sections 9(B) and 10.1 of the Constitution of Louisiana, in each fiscal year, the revenues that are received by the state generated upon state lands or waterbottoms located in the coastal area from alternative or renewable energy production or sources, including but not limited to wind energy, solar energy, tidal energy, wave energy, and geothermal energy, shall be deposited and credited by the treasurer to the Coastal Protection and Restoration Fund.
(2) Such revenues shall be used only for the purposes of integrated coastal protection, including but not limited to coastal wetlands conservation, coastal restoration, hurricane protection, or for infrastructure directly impacted by coastal wetlands losses.
(3) In each year, no more than ten percent of the revenues received by the state generated upon state lands or waterbottoms located in the coastal area from alternative or renewable energy production or sources, including but not limited to wind energy, solar energy, tidal energy, wave energy, and geothermal energy, may be used for the purposes of infrastructure directly impacted by coastal wetlands losses.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 964, §1; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2012, No. 805, §1, eff. June 13, 2012; Acts 2017, No. 405, §1, eff. July 1, 2017; Acts 2020, No. 89, §2; Acts 2024, No. 684, §1, eff. Dec. 11, 2024; Acts 2024, No. 684, §2, eff. June 19, 2024.
A. Recognizing that a substantial majority of the coastal lands in Louisiana are privately owned, it is anticipated that a significant portion of the integrated coastal protection projects funded through the Coastal Protection and Restoration Fund either will occur on or in some manner affect private property.
B. No rights whatsoever shall be created in the public, whether such rights be in the nature of ownership, servitude, or use, with respect to any private lands or waters utilized, enhanced, created, or otherwise affected by activities of any governmental agency, local, state, or federal, or any person contracting with same for the performance of any activities, funded in whole or in part, by expenditures from the Coastal Protection and Restoration Fund or expenditures of federal funds. In the event legal proceedings are instituted by any person seeking recognition of a right of ownership, servitude, or use in or over private property solely on the basis of the expenditure of funds from the Coastal Protection and Restoration Fund, the state shall indemnify and hold harmless the owner of such property for any cost, expense, or loss related to such proceeding, including court costs and attorney fees.
C. Notwithstanding any law or provision to the contrary, no full ownership interest in property shall be acquired for integrated coastal protection through any method by the state of Louisiana, the Coastal Protection and Restoration Authority, a levee district, a levee authority, a sponsoring authority, a political subdivision, or any other state, local, or federal entity, or their agents or employees, including but not limited to compensatory mitigation and ecosystem restoration purposes, unless such interest is voluntarily offered and agreed to in writing by owners with at least seventy-five percent ownership in the property or such entity seeking to acquire the property proves by clear and convincing evidence in a court of competent jurisdiction that a full ownership interest is the minimum interest necessary to carry out the purposes of integrated coastal protection for the specific project for which it is acquired.
D. Access rights, rights of use, servitudes, easements, or other property interests acquired for integrated coastal protection through any method by the state of Louisiana, the Coastal Protection and Restoration Authority, a levee district, a levee authority, a sponsoring authority, a political subdivision, or any other state, local, or federal entity, or their agents or employees, including but not limited to compensatory mitigation and ecosystem restoration purposes, shall be for a fixed term only and shall not be acquired in perpetuity unless such acquisition in perpetuity is voluntarily offered and agreed to in writing by owners with at least seventy-five percent ownership in the property. Furthermore, no fixed term for any access rights, rights of use, servitudes, easements, or other property interests acquired for integrated coastal protection shall exceed the life of the integrated coastal protection project for which it is acquired unless such term is voluntarily offered and agreed to in writing by owners with at least seventy-five percent ownership in the property.
E. The provisions of this Section shall not authorize acquisition of privately owned mineral interests and the reservation of mineral interests shall be as provided in R.S. 31:149. Additionally, any interest in property acquired under this Section shall not transfer to the acquiring entity any claims, causes of action, or litigious rights existing prior to the date of the acquisition but shall not extinguish the rights of the owners of the property to exercise such claims, causes of action, or litigious rights on the date of acquisition.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2017, No. 199, §1, eff. June 14, 2017.
A. The full police power of the state shall be exercised to address the rapid, ongoing, and catastrophic loss of coastal Louisiana, and in order to devote the maximum resources of the state to meet this immediate and compelling public necessity, compensation to be paid for property taken for public purposes related to coastal wetlands conservation, management, preservation, enhancement, creation, or restoration shall only be paid by the state or its political subdivisions as provided in this Section.
B. Compensation paid for the taking of, including loss or damage to, property rights affected by coastal wetlands conservation, management, preservation, enhancement, creation, or restoration activities shall be governed by and strictly limited to the amount and circumstances required by the Fifth Amendment of the Constitution of the United States of America.
C. Notwithstanding any other provision of law to the contrary, any person who has entered into an oyster lease with the state and who is claiming compensation pursuant to this Section arising out of or in any way related to the oyster lease granted by the state shall file such action only in the Nineteenth Judicial District Court for the Parish of East Baton Rouge.
D. The full police power of the state shall be exercised to address the loss and devastation to the state and individuals arising from hurricanes, storm surges and flooding. To devote the maximum resources of the state to meet these immediate and compelling public necessities, compensation paid for the taking of, or loss or damage to, property rights necessary for the construction, enlargement, improvement, or modification of federal or non-federal hurricane protection projects, including mitigation related thereto, shall be limited to the compensation required by the Fifth Amendment of the Constitution of the United States of America unless an exception as provided in Article I, Section 4(G) of the Constitution of Louisiana is applicable.
Acts 2009, No. 523, §3, eff. July 10, 2009.
The attorney general or his designee shall be the legal advisor to the board, shall counsel and advise the board, and shall represent the board in all legal proceedings.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012.
A. Except as provided in Subsection B of this Section, unless operating under a permit issued by a state or federal agency, no person shall engage in any of the following activities on any dune located on public or private land in the coastal area:
(1) Willful or malicious cutting, altering, breaking, or destroying a dune in any manner or attempting to cut, alter, break, or destroy a dune in any manner.
(2) Riding, driving, operating, or hauling any motorized or mechanical vehicle except on public roads.
B. Notwithstanding the provisions of Paragraph (A)(2) of this Section, private owners of land located in the coastal area, their employees, or independent contractors hired by the landowner may traverse dunes located on land owned by that landowner using motorized and mechanical vehicles during the course and scope of inspection, repair, construction, or other improvements to the land.
C. "Dune" shall be defined as a natural or man-made mound or bluff of sand, located landward of the beach, that has sufficient vegetation, height, continuity, and configuration to be of protective value.
D. Violation of this Section shall be punishable as follows:
(1) For the first offense, the fine shall be one hundred dollars.
(2) For the second offense, the fine shall be five hundred dollars.
(3) For the third and all subsequent offenses, the fine shall be one thousand dollars and imprisonment for not less than thirty days, nor more than sixty days.
E. The governing authority of Cameron Parish may enact speed limits on beaches.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2011, 1st Ex. Sess., No. 7, §1, eff. June 12, 2011.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
A. The Coastal Protection and Restoration Authority is created and shall be a body corporate with the power to sue and be sued. The domicile of the authority shall be in Baton Rouge. The authority shall:
(1) Have all of the rights, powers, and immunities incident to corporations. It may acquire, own, administer, alienate, and otherwise dispose of all kinds of property, movable and immovable, corporeal and incorporeal; contract; adopt, alter, or destroy an official seal; sue and be sued, implead, and be impleaded. Except as otherwise expressly provided by this Chapter, the authority may perform every act necessary, convenient, or incidental to the exercise of its power and authority, the discharge of its duties, or the performance of its functions.
(2) Be the implementation and enforcement arm of the Coastal Protection and Restoration Authority Board. The authority shall be directed by the policy set by the Coastal Protection and Restoration Authority Board as enumerated in R.S. 49:214.1.
(3) Through its offices and officers, be responsible for the implementation and enforcement of the master plan and annual plan. The authority shall implement the integration of hurricane protection, storm damage reduction, flood control, infrastructure, and coastal protection and restoration efforts in accordance with the master plan and annual plans.
(4) Not be subject to the provisions of R.S. 44:5(A) in regard to any activities or records of or pertaining to the authority.
B. Executive director and deputy director of the Coastal Protection and Restoration Authority.
(1) There shall be an executive director of the Coastal Protection and Restoration Authority. He shall report to the Coastal Protection and Restoration Authority Board for all matters within the jurisdiction and purview of the board, and shall work in conjunction with the executive assistant.
(2) The executive director shall be appointed by the governor and shall serve at the pleasure of the governor.
(3) The executive director, or his designee shall have authority, subject to the budgetary constraints of the funding provided in R.S. 49:214.5.4, and in accordance with applicable rules and regulations of the civil service commission to employ, appoint, transfer, assign, terminate, and promote such personnel as is necessary for the efficient administration of the Coastal Protection and Restoration Authority.
(4) The executive director, or his designee, shall approve all plans, specifications, and estimates for the construction of all projects for which the authority is responsible. He also shall have such other duties as may be assigned to him by the Coastal Protection and Restoration Authority Board, by the provisions of this Chapter, or by the laws of this state. He shall report the proceedings of his office annually to the Coastal Protection and Restoration Authority Board and at such other times as the board may designate, and he shall make any additional reports as are required by the board.
(5) The executive director, or in his discretion a subordinate or subordinates, shall administer the programs, projects, and activities approved for funding by the Coastal Protection and Restoration Authority Board relating to and affecting integrated coastal protection, including conservation, restoration, creation, and enhancement of coastal wetlands, hurricane protection and flood control in Louisiana as provided by law and as provided in the master and annual plans, and other special programs as may be directed by the board, except those relative to coastal zone management as provided in R.S. 49:214.21, et seq.
(6) The executive director shall report annually to the legislature as to the progress of the projects and programs enumerated in the master plan or annual plans or any component thereof. For each project or program, estimated construction and maintenance costs, progress reports, and estimated completion timetables shall be provided.
(7) The executive director is granted full power and authority to delegate, assign, or appoint in his discretion any subordinate to perform any function or duties required by law to be performed by the authority, except as specifically provided in this Title. This grant of power and authority shall be liberally construed to effectuate the purposes of this Chapter.
(8) The executive director shall provide the necessary reports, staff, assistance, and support to the Coastal Protection and Restoration Authority Board in order to assist in the development of the master plan and annual plan.
(9) The executive director may appoint ex officio notaries in accordance with the provisions of R.S. 35:411.
(10) There shall be a deputy executive director of the Coastal Protection and Restoration Authority. He shall perform all duties defined in this Section in the absence of the executive director or through authority delegated to him by the executive director or in conjunction with the duties of the executive director.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012.
A. The authority shall administer the programs of the Coastal Protection and Restoration Authority Board. The executive director may use his contracting authority, or the contracting authority of any state department or agency, to implement the provisions of this Chapter. His contracting authority shall include construction management at risk, operation and maintenance, design-build, design-build-operate and maintain, design-build-finance-operate and maintain, outcome-based performance contracts, or any combination of design, construction, finance, and services for operation and maintenance of an integrated coastal protection project, where appropriate. The Coastal Protection and Restoration Authority shall promulgate, through the Administrative Procedure Act, rules, regulations, or guidelines for the implementation of the contracting authority granted by the provisions of this Section. The Coastal Protection and Restoration Authority shall have the authority to execute and implement contracts entered into by the board.
B. The authority shall implement projects relative to the protection, conservation, enhancement, and restoration of the coastal area of the state through oversight of integrated coastal projects and programs consistent with the legislative intent as expressed in R.S. 49:214.1. However, no integrated coastal protection construction project shall be undertaken except those included in an annual plan finally approved by the legislature in accordance with the provisions of R.S. 49:214.5.3, regardless of the source of funds for the project, except in cases of projects undertaken and financed out of the emergency fund, established in the annual plan. An emergency for which such fund shall be used shall be defined by the Coastal Protection and Restoration Authority Board and all funds shall be spent only in accord with procedures established by the authority board for such fund. All projects undertaken pursuant to the provisions of this Chapter shall be either funded through the Coastal Protection and Restoration Fund or other sources of funding, including but not limited to direct federal aid, grants, gifts, and other donations received by the state for the purposes of this Chapter.
C. The authority shall:
(1) Receive all monies appropriated from the Coastal Protection and Restoration Fund to the Coastal Protection and Restoration Authority for implementation of all programs and projects contained in an annual plan developed by the Coastal Protection and Restoration Authority Board and approved by the legislature, except that the Department of Conservation and Energy, office of coastal management, shall receive any funds allocated in the annual plan for the coastal zone management program.
(2) Have oversight over the administration of all matters related to the study, planning, engineering, design, construction, extension, improvement, repair, and regulation of integrated coastal protection.
(3) Take such other actions not inconsistent with law as are necessary to perform the functions of the authority.
(4) Repealed by Acts 2016, No. 430, §9.
D. The authority may:
(1) Negotiate and execute contracts, upon such terms as the authority may agree, for legal, financial, consulting, or other professional services or personal services necessary to the conduct of the authority. In addition, the authority may enter into contracts for engineering and construction services or agreements with the federal government, local governing authorities, political subdivisions, or with other public or private entities for the administration, implementation, or enforcement of integrated coastal protection projects, programs, or activities as directed by the Coastal Protection and Restoration Authority Board.
(2) Acquire by purchase, donation, or otherwise any land rights needed for integrated coastal protection projects and other property required for the operation of the projects that are to be owned and operated by the office or political subdivision of the state; provided, that any property acquired for any project may reserve the minerals to the landowners, whether private or public, in accordance with the provisions of R.S. 31:149.
(3) Develop procedures to evaluate new and improved integrated coastal protection technologies.
(4) Perform pre-construction and post-construction monitoring of projects that will be implemented or have been implemented by the office.
(5) Coordinate integrated coastal protection efforts with local governments, political subdivisions, interest groups, and the public.
(6) Develop, implement, operate, maintain, and monitor integrated coastal protection plans and projects.
(7) Take any other action necessary to administer any plans, projects, policies, or programs consistent with the master plan or any annual plan, including but not limited to issuing bonds or incurring other debt obligations, provided that such bonds or other debt obligations shall be subject to the approval of and sold by the State Bond Commission in accordance with the provisions of R.S. 39:1403.
(8) Utilize the services of the Department of Conservation and Energy, office of management and finance, for accounting and budgetary control, procurement and contractual management, data processing, management and program analysis, and personnel management and grants management, provided that the secretary of the Department of Conservation and Energy shall exercise no authority over the provision of these services.
E.(1) The board or the authority shall be authorized to solely utilize the science and technology capacity of Louisiana universities and the water institute to enhance integrated coastal protection programs, projects, and activities for the following purposes:
(a) To identify any uncertainty related to the physical, chemical, geological, biological, or cultural baseline conditions in the coastal area.
(b) To improve the knowledge of the physical, chemical, geological, biological, or cultural baseline conditions in the coastal area.
(c) To identify and develop technologies, models, methods, and demonstrations to carry out the purposes of this Subsection.
(2) In carrying out the provisions of this Subsection, the Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority may enter into contracts and cooperative agreements with Louisiana universities or with the water institute as authorized in this Subsection to enhance integrated coastal protection programs, projects, and activities.
(3) For the purposes of this Subsection, the water institute shall mean The Water Institute of the Gulf, a 501(c)(3) nonprofit entity, incorporated on March 25, 2011, or its successors.
F. Any rule, regulation, or guideline developed pursuant to this Subpart shall be proposed or adopted pursuant to the rulemaking procedures set forth in the Administrative Procedure Act.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 197, §1; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2016, No. 430, §§8, 9; Acts 2017, No. 356, §1, eff. June 22, 2017; Acts 2018, No. 448, §1; Acts 2020, No. 89, §2; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
A. Legislative intent
(1) The legislature recognizes that under Article VI, Section 9 of the Louisiana Constitution the state carries the ultimate responsibility for the protection of the health and safety of the people of Louisiana. Though in many policy areas, including the exercise of certain police powers, the management of affairs is best handled by a local entity, the legislature must remain vigilant in evaluating whether the advantages of a statewide, coordinated effort come to outweigh the advantages that local governments have in responding to local concerns.
(2) As Hurricanes Katrina, Rita, Gustav, and Ike have taught us, integrated coastal protection has become a state issue. The existing, disjointed system of local levee districts is not conducive to the development of a coordinated plan for hurricane protection and flood control nor to the implementation of such a plan. With the passage of Act No. 8 of the 2005 First Extraordinary Session of the Legislature, the state recognized the need for the development of a single coast-wide plan for both coastal restoration and hurricane protection and flood control. Levees and other flood control structures and marsh are both important for protecting Louisiana from the storm surge that hurricanes bring. In light of the tremendous coastal land loss that the state has already endured, if levee programs and coastal restoration programs continue to be operated independently and without consideration of the other, the state will never achieve the goal of providing the best possible hurricane protection and flood control for its citizens.
(3) The legislature concludes from these findings that the state should assume direct responsibility for the coordinating, planning, constructing, realigning, and repairing of hurricane protection and flood control levees and structures and facilities in a manner consistent with R.S. 49:214.1.
(4) This Section provides for the functions, powers, and responsibilities of the Coastal Protection and Restoration Authority, which authority is charged with oversight of the design, construction, extension, improvement, repair, and regulation of hurricane protection and flood control projects in the coastal area. The Section also provides for the integration of the state's hurricane protection and flood control efforts with coastal restoration efforts through the Coastal Protection and Restoration Authority Board.
(5) This Section provides for the functions, powers, and responsibilities of the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority, which authority is charged with oversight of the design, construction, extension, improvement, repair, and regulation of flood control and infrastructure projects in the upland area, as defined in R.S. 38:2352. This Section also provides for the integration of the state's hurricane protection and flood control efforts with coastal restoration efforts and upland flood protection and infrastructure projects through coordination between the Coastal Protection and Restoration Authority and Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority.
B. Coastal Protection and Restoration Authority duties and responsibilities regarding hurricane protection and flood control:
(1) The authority shall have oversight of the administration of all matters related to the studying, planning, engineering, design, construction, extension, improvement, repair, and regulation of a hurricane protection and flood control system, including but not limited to the construction and design of a hurricane protection and flood control system consisting of levees and associated elements to provide protection against tidal surges within the coastal area.
(2) The inspection of hurricane protection and flood control levees and structures within the coastal area shall be the responsibility of the Coastal Protection and Restoration Authority. The executive director or his designee shall regularly cause such structures to be inspected and shall maintain a report of such inspections. The authority shall establish and implement a comprehensive hurricane and flood control protection inspection program. Such program shall include the following:
(a) Reviewing of hurricane protection and flood control diagrams, designs, and plans.
(b) Monitoring of defects and problems.
(c) Conducting of an inspection of every hurricane protection and flood control barrier and associated elements at least every five years, or after a hurricane impacts a hurricane protection and flood control barrier and associated elements. If a defect or problem is identified, then the authority shall measure and test elevations, soil conditions, and structural integrity of the hurricane protection and flood control barrier and associated elements.
(d) The authority shall report a notice of defect in the hurricane protection and flood control within thirty days of the inspection results to the appropriate entity or political subdivision. The notice shall contain a description of the defect. The notice of defect shall be mailed by certified mail or return receipt requested. The appropriate entity, or political subdivision, shall have forty-five days from receipt of the notice of defect to provide the authority with a plan and time line to remedy the defect.
(3) The exercise of any authority with respect to hurricane protection and flood control by a political subdivision within the coastal area is subject to the oversight and approval of the authority in accordance with rules and regulations adopted by the authority.
(4) No state agency or entity shall enter into a contract with the United States Army Corps of Engineers which would require the state to assume liability for or provide the cost of operations and maintenance for a hurricane protection project unless the contract provides for independent third-party review and evaluation in accordance with the best available science and technical capabilities to confirm the project's anticipated level of protection against hurricane flooding prior to the state or political subdivision assuming liability and operations and maintenance obligations. The independent third-party reviewer and evaluator provided for in the contract shall be approved by both the United States Army Corps of Engineers and the state agency or entity. However, the provisions of this Subsection shall not apply to contracts for routine maintenance or other minor construction or repairs, or in cases where there is imminent threat to life or property, or when the chairman of the Coastal Protection and Restoration Authority Board, with the approval of the board, determines that an emergency exists whereby compliance with the provisions of this Subsection would create an unreasonable hardship.
(5) No funds of the state nor of any political subdivision or political corporation of the state shall be used nor provided to the United States or any of its agencies, by contract, agreement, a required contribution of a project cost-share or otherwise, for the expropriation of property for the purpose of compensatory mitigation of wetlands or other natural habitat, as authorized or required by state or federal law, to offset, compensate, or replace actual or anticipated damages to or loss of wetlands or other natural habitat caused by the Comite River Diversion Project, Amite River and Tributaries, Louisiana. However, the provisions of this Section shall not apply where such funds are to be used to obtain property voluntarily offered for compensatory mitigation purposes, including but not limited to mitigation banking, property where at least seventy-five percent of the owners have voluntarily offered the property, or property where the record or apparent owner has voluntarily offered the property but does not have clear title. Subject to any contrary law or terms, conditions, or stipulations in the act of sale, donation, contract or other agreement by which the property was acquired, current property interests or future property interests acquired for the Comite River Diversion Canal Project or associated acquisitions may be leased only in accordance with the provisions of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 and additionally, such opportunity to lease shall first be offered to the original grantor, donor, vendor, or his successors in title for the same terms, conditions, and price as the highest successful bidder.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 734, §6; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2025, No. 418, §2.
Nothing in this Chapter is intended to interfere with or impede the design, planning, construction, or financing of any flood protection project undertaken by any levee district within the coastal area which was initiated prior to January 1, 2006.
Acts 2009, No. 523, §3, eff. July 10, 2009.
A. Pursuant to Article I, Section 4(G) and Article VI, Section 42(A) of the Constitution of Louisiana, compensation paid for the taking of, or loss or damage to, property rights affected by the construction, enlargement, improvement, or modification of federal or non-federal hurricane protection projects, including mitigation related thereto, shall not exceed the compensation required by the Fifth Amendment of the Constitution of the United States of America.
B. For the purposes of this Section, "full extent of the loss" as provided in any law or rule affecting taking of property for the purposes set forth in Subsection A of this Section shall mean compensation required by the Fifth Amendment of the Constitution of the United States of America.
C. The provisions of this Section shall supersede and control to the extent of conflict with any other provision of law.
D. As provided in Article I, Section 4(G) of the Constitution of Louisiana, the provisions of this Section shall not apply to compensation paid for a building or structure that was destroyed or damaged by an event for which a presidential declaration of major disaster or emergency was issued, if the taking occurs within three years of such event.
Acts 2009, No. 523, §3, eff. July 10, 2009.
A. Applications for funding of any infrastructure project may be submitted by any political subdivision of the state. For statewide flood mitigation projects, applications shall be made jointly to both the Coastal Protection and Restoration Authority and Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority boards by November first of each year for consideration of funding in the following fiscal year. For any infrastructure projects, applications shall be made to the Coastal Protection and Restoration Authority Board by November first of each year for consideration of funding in the following fiscal year. Applications submitted in accordance with the provisions of this Section shall not be subject to the provisions of R.S. 39:101. Agencies submitting applications for projects in this program shall be responsible for preparation of applications for their respective projects. Information to be provided in the application shall include but not be limited to the following:
(1) Description of the infrastructure impacted by coastal wetlands loss and demonstration of need for the project and benefits of the project.
(2) Preliminary project design and cost estimate.
(3) Description of project area including the geographical area affected, and land ownership information.
(4) Description of how the project is consistent with the priorities of the master plan and how the project will address mitigation issues.
(5) For statewide flood mitigation projects, a description of how the project is consistent with the priorities of both the coastal and upland master plans and how the project will address mitigation issues.
B. Project applications shall not be subjected to formal review and evaluation until the information required in the application has been submitted or is determined to be unavailable.
C. The applications submitted by agencies shall be evaluated by the Coastal Protection and Restoration Authority Board which shall hold no less than three public hearings in separate locations within the coastal area for the purpose of receiving public testimony and comment from requesting authorities and citizens regarding the proposed infrastructure projects. Such hearings may be held at the same time and location as hearings set for public comment on the annual plan. The authority shall prioritize and rank such applications. The authority shall provide its application evaluations to the Coastal Protection and Restoration Authority Board. For statewide flood mitigation projects, the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board shall perform the same functions in the upland area as defined by R.S. 38:2352.
D. Based upon the evaluations of the authority, the board may compile a list of infrastructure projects to be formally included in the annual plan.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2025, No. 418, §2.
A. The executive director of the Coastal Protection and Restoration Authority shall establish a barrier islands and shorelines stabilization and preservation program. As part of the barrier islands and shorelines program, the authority shall require that all projects subject to public bid include appropriate dredges for use to stabilize and preserve barrier islands and shorelines. In addition, the authority shall require that all barrier island stabilization and preservation projects mandate a minimum dune height of eight feet with vegetation where appropriate.
B. By September first each year, the governing authority of each parish which has barrier islands and shorelines shall submit to the authority and the Coastal Protection and Restoration Authority Board a list of barrier islands and shorelines stabilization and preservation projects requested for that parish. The authority shall review the projects submitted and by December first of each year shall issue a list which prioritizes those requests.
C. The priority list shall be promulgated and shall be subject to legislative oversight by the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources under the Administrative Procedure Act. Such oversight shall occur prior to March first each year.
D. Repealed by Acts 2018, No. 612, §22, effective July 1, 2020.
E. Repealed by Acts 2018, No. 612, §22, effective July 1, 2020.
F. The Coastal Protection and Restoration Authority shall annually submit a barrier island status report to the legislature. The report shall indicate the condition of all barrier islands, provide the status of all barrier island stabilization and preservation projects under construction, and shall outline future plans for restoration and maintenance of the barrier islands and coastal passes. The annual report shall be submitted to each member of the legislature during the regular session of the legislature.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2018, No. 612, §22, eff. July 1, 2020.
A.(1) There is hereby created the Coastal Louisiana Levee Consortium, hereinafter referred to as the "consortium", which shall include members from those levee districts, flood protection authorities, or parishes situated entirely or partially within the coastal area as defined in R.S. 49:214.2(4) and as provided in Subsection B of this Section.
(2) The consortium shall be an advisory commission of the Coastal Protection and Restoration Authority Board. It shall be a public body and subject to public records and open meeting laws.
(3) The purpose of the consortium shall be to facilitate communication and coordination of efforts of the levee districts, flood protection authorities, and parishes specified in Subsection B of this Section; to protect coastal Louisiana, its people, property, and resources; to increase awareness and understanding of integrated coastal protection, including but not limited to conditions, issues, strategies, and policies of flood control, coastal levee systems, hurricane risk reduction systems, and mitigation projects; and to provide one unified voice that is representative of the coastal levee community in communicating information necessary for decision-making to policymakers at the state and federal levels and to the board and the authority set forth in R.S. 49:214.1 et seq.
B.(1) The members of the consortium shall consist of the director, general manager, or president, or their designee, of each board of commissioners of a coastal levee district or flood protection authority, including the following:
(a) Atchafalaya Basin Levee District.
(b) Grand Isle Independent Levee District.
(c) Lafourche Basin Conservation Levee and Drainage District.
(d) North Lafourche Conservation, Levee and Drainage District.
(e) Pontchartrain Levee District.
(f) South Lafourche Levee District.
(g) Terrebonne Levee and Conservation District.
(h) Southeast Louisiana Flood Protection Authority - East.
(i) Southeast Louisiana Flood Protection Authority - West.
(j) Lafitte Area Independent Levee District.
(k) St. Mary Levee District.
(l) Iberia Parish Levee, Hurricane and Conservation District.
(m) Chenier Plain Coastal Restoration and Protection Authority.
(n) Amite River Basin Commission.
(o) Non-Flood Protection Asset Management Authority.
(p) The Sewerage and Water Board of New Orleans.
(q) Any other levee district or flood protection authority that may be created and made operational for a coastal parish after January 1, 2014, including but not limited to levee districts or flood protection authorities for Acadia, Lafayette, Jefferson Davis, St. Tammany and Tangipahoa parishes. However, until such time as a levee district or flood protection authority is created and made operational for the parish, the parish president or police jury president, or their designee, of each of the above parishes shall be a member of the consortium.
(r) Plaquemines Parish president.
(s) Livingston Parish president.
(2) A designee of a member shall meet at least one of the following requirements:
(a) He shall be serving as a current member of his respective levee board, flood protection authority, or parish governing authority.
(b) He shall have expertise in engineering or public works functions related to flood and drainage control, water resources, soil conservation, or related functions.
C. The consortium shall:
(1) Advise the Coastal Protection and Restoration Authority Board concerning integrated coastal protection, including but not limited to conditions, issues, strategies, and policies of flood control, coastal levee systems, hurricane risk reduction systems, and mitigation projects.
(2) Coordinate the exchange of information among consortium members and advise consortium members and others in assessing and addressing the issues in Paragraph (1) of this Subsection.
(3) Evaluate the potential of various strategies, develop regional awareness of effective strategies, and develop a regional plan for the improvement of regional levee systems and integrated coastal protection.
(4) Seek the input of other local officials in assessing, addressing, or developing any regional strategy or plan.
(5) Seek the expertise of and work in conjunction with any other interested federal, state or local entities, including but not limited to the United States Army Corps of Engineers, the Coastal Protection and Restoration Authority, the Federal Emergency Management Agency, and nongovernmental organizations.
(6) Provide an annual report on the status of levees and integrated coastal protection within the member levee districts, flood protection authorities, and parishes no later than January first of each year to the Coastal Protection and Restoration Authority Board.
D.(1) The chairman of the Coastal Protection and Restoration Authority Board shall call the first meeting of the consortium. Thereafter, the meetings shall be called by the consortium chairman.
(2) At the first meeting, the members shall elect a consortium chairman, vice chairman, and such other officers as the members may deem advisable.
(3) The officers shall be selected from among the members of the consortium. The consortium chairman shall be a member who is already serving as a current member of the Coastal Protection and Restoration Authority Board.
(4) Every four years thereafter or at a special call by majority vote of the consortium, an election shall be held for officers, subject to the eligibility requirements set forth in this Section.
E. Members of the consortium shall receive no pay or allowances for their attendance at meetings of the consortium, but may be compensated for expenses incurred in attending meetings by their respective governing authorities according to the authority's regulations. Participation in the consortium shall be considered as a function of the office held by the member in their governing authority.
F. A meeting of the consortium shall be convened at least twice a year in the capital of the state or at a location in the coastal area of the state, as determined by the consortium members.
Acts 2014, No. 387, §1, eff. May 30, 2014; Acts 2016, No. 393, §1; Acts 2024, No. 177, §2.
The Coastal Protection and Restoration Authority and its authorized agents, contractors, or and employees shall also have the power to enter upon any lands, waters, and premises in the state for the purpose of making such surveys, soundings, drillings, and examinations as may be necessary or convenient for carrying out the purposes of integrated coastal protection, which entry shall not be deemed a civil or criminal trespass nor a temporary construction servitude, nor shall it be deemed an entry under any eminent domain proceedings which may be then pending, provided that prior written notice of five days to resident owners and fifteen days to nonresident owners be given to the last record property owner as reflected in the parish assessment rolls. Written notice shall consist of mailing the notice by certified mail to the last known address of the owner as shown in the current assessment records. The Coastal Protection and Restoration Authority shall indemnify the property owner for any loss or injury resultant from entry upon the property and shall make reimbursement for any actual damages resulting to lands, waters, and premises as a result of these activities.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012.
A. In accordance with Article XII, Section 10 of the Constitution of Louisiana, and notwithstanding any other law to the contrary, the state of Louisiana, its political subdivisions, and its agents or employees and, in addition, the United States and its agents and employees, shall be held free and harmless from any claims for loss or damages to rights arising under any contract or agreement, lease, permit, or license granted to any individual or other entity for any purpose on state lands or water bottoms from diversions of freshwater or sediment, depositing of dredged or other materials, integrated coastal protection project, or any other actions, taken for the purpose of management, preservation, enhancement, creation, protection, or restoration of coastal wetlands, water bottoms, or related public or renewable resources.
B. All departments, agencies, boards, or commissions of the state of Louisiana and its political subdivisions shall include language which shall hold the state and its political subdivisions harmless for the purposes set out in this Section in all leases, permits, or licenses granted to any individual or other entity after July 1, 1995.
C. Landowners or persons holding an interest in property who, without cost to the state or its political subdivisions, provide the land, property, access rights, servitudes, easements, or other property interests necessary for a project conducted pursuant to the authority of R.S. 49:214.5.2(A)(7), shall be immune from premise liability, loss, damage, or injury to any third party resulting from or caused by the construction, operation, or maintenance of that integrated coastal protection project.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 734, §6.
A. Notwithstanding any other provision of law to the contrary, the authority may use the outcome-based performance contract alternative project delivery method to contract for integrated coastal protection projects as set forth in this Section and as is consistent with the purpose and intent set forth in R.S. 49:214.1.
B. This Section creates an alternative project delivery method, known as outcome-based performance contracts, for use by the authority to award a contract to finance, design, construct, and monitor integrated coastal protection when deemed in the public interest, beneficial to the state, consistent with the purpose and intent set forth in R.S. 49:214.1, and in accordance with the procedures set forth in this Section. The following are reasons to use outcome-based performance contracting: financing to construct integrated coastal protection projects; cost of integrated coastal protection projects expected to significantly increase over time; need to access or leverage future funds to construct integrated coastal protection projects more quickly; obtain better overall value, performance, and costs; and control and minimize risk to the authority.
C. Outcome-based performance contracts shall not be used for any integrated coastal protection project that is estimated to cost more than two hundred fifty million dollars or exceeds a contract term of twenty-five years. Prior to proceeding to use outcome-based performance contracting, the authority through its executive director shall submit a proposed project along with the reason to use outcome-based performance contracting to the board and shall report to the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment for review.
D. When used in this Section, the following words and phrases shall have the meanings ascribed to them unless the context indicates a different meaning:
(1) "Outcome-based performance contract" means a delivery method by which the owner contracts with an entity for results-based, specific agreed-upon outcomes, goals, or outputs, with payment provided by an owner upon successful completion of the pre-agreed result, outcome, goal, output, or result. Outcome-based performance contracts shall include the following:
(a) A requirement that a substantial portion of the payment be conditioned on the achievement of specific outcomes based on defined performance targets. For purposes of this Subparagraph, "substantial portion" shall mean no less than seventy-five percent of the total project cost.
(b) A process through which performance indicators can be assessed by the owner to determine whether performance targets have been met.
(c) A schedule and calculation of consequences for contractors based on performance, to include payments that would be earned if performance targets are met or the imposition of penalties or other payment adjustments if performance targets are not met.
(2) "Outcome-based performance contractor" means a person, sole proprietorship, partnership, corporation, joint venture, or other legal entity, properly licensed, bonded, and insured, who is contractually responsible to the owner for financing, designing, permitting, constructing, and monitoring, or any combination thereof, the integrated coastal protection project to be delivered.
(3) "Owner" means the Coastal Protection and Restoration Authority.
(4) "Licensed design professional" means an engineer, architect, or landscape architect who has secured a professional license from a Louisiana registration board as required by state law.
(5) "Resident business" means one authorized to do and doing business under the laws of this state, that meets one of the following criteria:
(a) Maintains its principal place of business in the state.
(b) Employs a minimum of two employees who are residents of the state.
(6) All other terms shall have the meaning provided for in R.S. 49:214.2.
E. The authority shall not consider any unsolicited proposals for an outcome-based performance contract. However, nothing in this Subsection shall prohibit a private company from bringing to the authority suggestions for new projects or alterations to solicited proposals. Any award of a contract shall be made only after issuance of a request for proposal and competitive bid process as required by the provisions of this Section.
F. The authority may develop and adopt any guidelines, rules, or regulations necessary to effectuate the provisions of this Section in accordance with the Administrative Procedure Act.
G. Any financing of integrated coastal protection projects pursuant to this Section may be in such amounts and upon such terms and conditions as may be agreed upon by the owner and the outcome-based performance contractor. Additionally, the authority, with the approval of the board, may utilize any and all funding resources available to it. Any revenues or earnings apportioned to the authority and derived from any integrated coastal protection programs, projects, or activities as described in this Section shall be deposited in and credited to the Coastal Protection and Restoration Fund in accordance with R.S. 49:214.5.4(F).
H. If necessary and upon request from the outcome-based performance contractor, the authority may exercise any statutorily created power for the purpose of acquiring lands or estates or interests in such, including but not limited to easements and access agreements, to the extent that the authority finds that such action serves the public purpose of this Section.
I. An outcome-based performance contractor shall employ, or have as a partner, member, coventurer, or subcontractor, persons or a firm with persons who are duly licensed and registered to provide the services required to complete the project and to do business in the state. The standard professional engineer and land surveyor requirements provided for in R.S. 37:681 et seq., and the rules and regulations of the Louisiana Professional Engineering and Land Surveying Board, shall apply to the components providing design services, and the standard contractor qualifications as provided for in R.S. 37:2150 et seq., and the current rules and regulations of the State Licensing Board for Contractors shall apply to the component providing construction services utilized by the outcome-based performance contractor, based upon the applicable categories for the specific project to be delivered and as specified by the authority. All registrations and licenses for each component shall be obtained prior to the award of the project to the selected outcome-based performance contractor.
J.(1) The authority shall solicit a request for statement of interest and qualifications or "RSIQ".
(2) The RSIQ shall include the following:
(a) Submittal criteria, deadlines, and requirements for proposal package.
(b) Scoring methodology and selection grading criteria.
(c) Statements of qualification and experience for key proposed management and staffing.
(d) Statements of qualification and experience of the financing members of the team.
(e) Statements of qualification and experience of design component members for the areas of expertise specific to the project.
(f) Statements of qualification, experience, and resources of the construction team component.
(g) A statement of the proposer's ability and intention to provide equal opportunities in recruitment, selection, appointment, promotion, training, and related employment areas in connection with the outcome-based performance contract.
(3) The authority may request that proposers include the following in response to the RSIQ, as well as any other pertinent information relative to the qualifications of a proposer that the authority determines needs to be submitted in a response to an RSIQ:
(a) The proposer's surety and any other financial assurances.
(b) Construction methodologies previously used by the proposer on other projects of similar size, type, and complexity.
(c) Extent to which the proposer intends to utilize resident businesses to perform the contract.
(d) Extent to which the proposer intends to self-perform any work.
(e) Past performance of the proposer, including timely and successful completion of other projects of similar size and complexity.
(f) The proposer's safety record and safety plan.
(g) Any other project-specific criteria as may apply to project needs.
(4) Any response that does not meet all of the requirements contained in the RSIQ shall be deemed nonresponsive and shall not be considered by the authority. False or misrepresented information furnished in response to an RSIQ shall be grounds for rejection. Additionally, the authority reserves the right to cancel any solicitation at its discretion.
(5)(a) The authority shall establish a qualification review committee for evaluation of the responses to the RSIQ. The qualification review committee shall evaluate the responses in accordance with the scoring methodology and criteria as identified and set forth in the RSIQ, and shall evaluate all aspects of the proposed project, including finance, design, construction, and monitoring components of any proposer.
(b) Within sixty days of the deadline for receipt of responses, the qualification review committee shall select a short list of the highest-rated proposers in a number to be determined by the qualification review committee. However, if fewer than three eligible responses are received for review by the qualifications review committee, then the executive director may either approve proceeding with the outcome-based performance contracting process or readvertising in accordance with this Section.
(c) The qualification review committee shall present a list of the highest-rated proposers to the executive director. The highest-rated proposers shall be invited by the executive director to submit a detailed technical and cost proposal for the proposed outcome-based performance project by means of an issued request for proposal or "RFP".
K.(1) The executive director shall issue an RFP to the proposers making the list of the highest-rated proposers in accordance with Subsection J of this Section.
(2) The RFP shall include, at a minimum, the following:
(a) Submittal criteria, deadlines, and requirements for proposal package.
(b) Scoring methodology and selection grading criteria.
(c) The proposer's surety and financial assurances.
(d) Design strategy and preliminary design concepts.
(e) Construction sequencing, techniques, materials, methodology, schedule and phasing.
(f) Proposed pricing and payment schedule for delivery of project.
(3) The RFP may also include any other requirements that the authority deems necessary.
(4) The authority may, at its discretion, compensate those unsuccessful and responsive highest-rated proposers for the expense of preparing the response to the RFP. The amount of compensation, if any, shall be predetermined by the authority in its sole discretion and shall be included in the RFP.
(5) The executive director shall establish a proposal review committee to review, score, and recommend award to an outcome-based performance contractor.
(a) The proposal review committee shall consist of no more than seven individuals as follows:
(i) Three representatives of the owner, one of whom shall also serve as the chairman of the committee.
(ii) One design professional in the discipline of but not involved with the project.
(iii) One licensed contractor in the discipline of but not involved with the project.
(iv) Two members at-large, as selected by the owner.
(b) Within ninety days after the deadline for responses to the RFP, the proposal review committee shall make a written recommendation for award to the executive director. The results of the proposal review committee, inclusive of its findings, grading, score sheets, and recommendations, shall be available for review by all proposers and shall be deemed public records.
L. Within sixty days of the award of the outcome-based performance contract, the authority and the selected outcome-based performance contractor shall execute a contract. If the authority and the outcome-based performance contractor are not able to agree upon a contract, then the authority reserves the right to re-advertise the project in accordance with this Section or any other contracting method available for the authority.
M. The authority shall cancel any solicitation and decline to award any contract if a determination is made that it is in the best interest of the state.
N. There shall be no challenge by any legal process to the choice of the successful outcome-based performance contractor except for fraud, bias for pecuniary or personal reasons not related to the taxpayers' interest, or arbitrary and capricious selection by the authority.
O. The provisions of this Section shall supersede and control to the extent of any conflict with any other provisions of any law including but not limited to the requirements of R.S. 38:2181 through 2320 and R.S. 39:1551 through 1755.
Acts 2017, No. 356, §1, eff. June 22, 2017.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
The provisions of this Subpart are intended to establish an Atchafalaya Basin Program within the Coastal Protection and Restoration Authority to serve as the authority on behalf of the state to work in partnership with the United States Army Corps of Engineers and other public entities, and coordinate state and local activities, in developing and implementing the federally sponsored and funded Atchafalaya Basin Floodway System, Louisiana Project.
Acts 2018, No. 570, §3, eff. July 1, 2018.
As used in this Subpart, the following terms shall have the meaning ascribed to them below:
(1) "Access project" means construction or renovation of a boat launch or a roadway that provides access to areas of the Atchafalaya Basin, or acquisition of a maximum of fifteen hundred acres, all in compliance with the provisions of the state or federal master plans.
(2) "Annual basin plan" means the list of projects or stages of projects to be undertaken in any single fiscal year. The annual basin plan shall be included in the annual state integrated coastal protection plan provided for in R.S. 49:214.2.
(3) "Atchafalaya Basin" means the area located within the guide levees of the Atchafalaya Basin and those areas directly adjacent to the levees bounded on the north by U.S. Highway 190 and on the south by Morgan City, and as defined in the Atchafalaya Basin Floodway System, Louisiana Project.
(4) "Atchafalaya Basin Floodway System, Louisiana Project" means the Atchafalaya Basin Floodway System, Louisiana Project and enacted by the 1982 Atchafalaya Basin Floodway System, United States Army Corps of Engineers feasibility study, Supplemental Appropriations Act of 1985, Public Law 99-88, as amended by the Water Resources Development Act of 1986, Public Law 99-662, the Energy and Water Development Appropriations Act of 1991, Public Law 101-514, the Energy and Water Development Appropriations Act of 1997, Public Law 104-206, the Water Resources Development Act of 2000, Public Law 106-541, and the Water Resources Development Act of 2007, Public Law 110-114.
(5) "Authority" means the Coastal Protection and Restoration Authority.
(6) "Basin master plan" means the plan developed by the state in accordance with the federal Atchafalaya Basin Floodway System, Louisiana Project, pursuant to federal law, including the Supplemental Appropriations Act of 1985, Public Law 99-88, and the Water Resources Development Act of 1986, Public Law 99-662, the Energy and Water Development Appropriations Act of 1991, Public Law 101-514, the Energy and Water Development Appropriations Act of 1997, Public Law 104-206, the Water Resources Development Act of 2000, Public Law 106-541, and the Water Resources Development Act of 2007, Public Law 110-114.
(7) "Board" means the Coastal Protection and Restoration Authority Board.
(8) "Director" means the executive director of the Coastal Protection and Restoration Authority.
(9) "Program" means the Atchafalaya Basin Program.
(10) "Water management project" means any project that facilitates improvements to water quality, interior circulation, water access, or improvements to general ecosystem function by means of sediment reduction, removal, or diversion.
Acts 2018, No. 570, §3, eff. July 1, 2018.
A. The Atchafalaya Basin Program is hereby created as a program within the Coastal Protection and Restoration Authority.
B. The program shall include the director, the Coastal Protection and Restoration Authority Board, the technical advisory committee, and the staff for the authority.
Acts 2018, No. 570, §3, eff. July 1, 2018.
A. The director, in consultation with the board as desired, shall:
(1) Develop, implement, and manage a comprehensive state master plan for the Atchafalaya Basin Floodway System, Louisiana Project.
(2) Present the annual basin plan as a part of the state integrated coastal protection plan to the board each year for its review and approval.
(3) Coordinate state implementation of congressional mandates concerning the Atchafalaya Basin Floodway System, Louisiana Project.
(4) Serve as primary liaison on behalf of the state with the United States Army Corps of Engineers on the Atchafalaya Basin Floodway System, Louisiana Project, including representation of the state in state and federal partnerships, cost and share agreements, and other public and private cooperative endeavors.
(5) Represent the policy and consensus viewpoint of the state at the federal, regional, state, and local levels with respect to the Atchafalaya Basin Floodway System, Louisiana Project.
(6) Enter into partnerships, memoranda of understanding, and cooperative endeavors with state agencies and departments to implement the basin master plan or annual basin plan, including:
(a) Department of Wildlife and Fisheries: to operate and maintain wildlife management areas created by the Atchafalaya Basin Floodway System, Louisiana Project, and to plan and monitor projects to improve water quality and fish and wildlife production.
(b) Department of Culture, Recreation and Tourism: to operate and maintain tourist information centers and state parks funded by the Atchafalaya Basin Floodway System, Louisiana Project.
(c) Department of Agriculture and Forestry: to monitor environmental easements as required by the Atchafalaya Basin Floodway System, Louisiana Project.
(d) State land office: to monitor and enforce timber harvesting and campsite development on state-owned lands in the basin as required by the Atchafalaya Basin Floodway System, Louisiana Project.
(e) Department of Transportation and Development, Department of Environmental Quality, and Louisiana Department of Health: to advise the program on departmental operations relating to the Atchafalaya Basin.
(7) Provide recommendations to the board, legislature, and congress with respect to the implementation, management, and funding of the basin master plan.
(8) Monitor and seek available federal and private funds and property consistent with the purposes of this Subpart, including funds from matching sources.
(9) Enter into agreements and cooperative endeavors consistent with the purposes of this Subpart.
(10) Conduct meetings, hold hearings, and promulgate rules as necessary and consistent with the purposes of this Subpart.
(11) Appoint advisory committees.
(12) Expend funds consistent with the purposes of this Subpart.
(13) Enter into memoranda of understanding and cooperative endeavors with state, local, and federal public entities consistent with the purposes of this Subpart.
(14) Utilize the services and personnel of state, local, and federal public entities upon mutually agreeable terms and conditions consistent with the purposes of this Subpart.
(15) Seek, accept, and use, in accordance with law, gifts, grants, bequests, and endowments, including immovable property, for purposes consistent with the powers and duties in this Subpart and take such actions as are necessary to comply with any conditions required for such acceptance.
(16) Administer and enforce the provisions of this Subpart relating to duties and activities of the program.
(17) Perform such other acts and duties as necessary to effectuate the purposes of this Subpart.
(18) Develop an annual basin plan as provided in R.S. 49:214.8.6 and present the annual basin plan to the board.
(19) Develop and adopt criteria which must be met prior to a project being included in an annual basin plan.
(20) Hold public hearings on the annual basin plan prior to adoption. The director shall hold a minimum of two public hearings on the annual basin plan each year with at least one hearing to be held at a location on the west side of the Atchafalaya Basin and at least one hearing to be held at a location on the east side of the Atchafalaya Basin. The director shall advertise in the official journal of the state the date, time, and location of the public hearings at least seven days prior to the hearings.
(21) Promulgate rules in accordance with the Administrative Procedure Act in order to carry out its duties and shall conduct its meetings in accordance with R.S. 42:11 et seq., the Open Meetings Law.
B. The director is authorized to:
(1) Acquire one thousand five hundred acres of land in the Atchafalaya Basin for recreation purposes, and to construct new recreation areas, facilities, and water management features.
(2) Conduct environmental easement monitoring.
(3) Operate and maintain public access features.
(4) Enter into cooperative endeavors or other agreements with federal, basin, or local departments or agencies to implement the basin master plan or annual basin plan.
(5) Enter into cooperative endeavors or agreements with the United States Army Corps of Engineers for projects covering public access, environmental easements, water management, and recreation as provided in the basin master plan and in the congressional authorization contained in Public Laws 99-88 of 1985 and 99-662 of 1986, the Energy and Water Development Appropriations Act of 1991, Public Law 101-514, the Energy and Water Development Appropriations Act of 1997, Public Law 104-206, the Water Resources Development Act of 2000, Public Law 106-541, and the Water Resources Development Act of 2007, Public Law 110-114.
(6) Use any federal funds that are, or that may become, available as matching funds or on any other basis for any of the projects contained in the annual basin plan or any other projects authorized for purposes of this Subpart, including federal funds from the Atchafalaya Basin Floodway System, Louisiana Project, Transportation Equity Act for the 21st Century (TEA-21) funds, and Section 204, Section 206, Section 235, and Section 1135 funds.
(7) Expend funds to implement the basin annual plan.
(8) In addition to funds appropriated for the program, use any other funds, goods, lands, or services donated or otherwise made available, including federal funds made available to the program.
(9) Enter into cooperative endeavors or agreements with designated local sponsors for the operation and maintenance of capital improvements under the recreation feature of the program.
(10) Negotiate and execute, on behalf of the state, project-specific or programmatic project cooperation agreements or similar agreements with the federal government for those projects that are part of the Atchafalaya Basin Floodway System, Louisiana Project. The director shall also be authorized to negotiate and execute such agreements.
Acts 2018, No. 570, §3, eff. July 1, 2018.
Any project which is proposed for inclusion in an annual basin plan that is not included in the basin master plan or the Atchafalaya Basin Floodway System, Louisiana Project shall first be reviewed, studied, and analyzed by the technical advisory group. The board may consider the proposal, and if approved, the project shall be included in an annual plan for presentation to the legislature for its approval.
Acts 2018, No. 570, §3, eff. July 1, 2018.
A. The director shall develop an annual basin plan that includes all projects or stages of projects that will be proposed for funding or funded in any one fiscal year. The annual basin plan may include projects that are any of the following:
(1) A part of the basin master plan.
(2) A part of the Atchafalaya Basin Floodway System, Louisiana Project.
(3) A water management or water quality project that meets the criteria developed by the director for inclusion in an annual plan and has been approved through the procedures adopted by the board for inclusion of a project in the annual plan, including public hearings.
(4) A project consistent with the mission statement contained in the basin master plan.
(5) A project to be completed that was previously approved by the board.
(6) A project consistent with the comprehensive master coastal protection plan as defined in R.S. 49:214.2.
B. As a part of the procedures to be followed by the director in the development of an annual basin plan, the chair of the board shall appoint a technical advisory group to review, evaluate, and approve all water management and water quality projects proposed for inclusion in an annual plan. The technical advisory group shall consist of the following appointments:
(1) The director or his designee who shall serve as the chair of the group.
(2) One member from the Department of Environmental Quality.
(3) One member from the Department of Agriculture and Forestry.
(4) One member from the Department of Conservation and Energy.
(5) One member from the United States Geological Survey.
(6) One member from the United States Fish and Wildlife Service.
(7) One member from the United States Army Corps of Engineers.
(8) One member from the Louisiana State University School of Renewable Natural Resources.
(9) One member from the Department of Wildlife and Fisheries.
(10) One member from the Department of Culture, Recreation and Tourism.
(11) One member from the Louisiana Department of Health.
(12) One member from the state land office.
(13) One member from the Atchafalaya Basin Levee Board, selected by the levee board who must be a professional in engineering, geotechnology, hydrology, or environmental science.
(14) One member chosen by the Police Jury Association of Louisiana from a list of names submitted by the parish governing authorities of parishes which lie, all or part thereof, within the boundaries of the Atchafalaya Basin west of the Atchafalaya River who must be a professional in engineering, geotechnology, hydrology, or environmental science.
(15) One member chosen by the Police Jury Association of Louisiana from a list of names submitted by the parish governing authorities of parishes which lie, all or part thereof, within the boundaries of the Atchafalaya Basin east of the Atchafalaya River who must be a professional in engineering, geotechnology, hydrology, or environmental science.
C. Meetings of the technical advisory group shall be held in accordance with R.S. 42:11 et seq., the Open Meetings Law, and the group shall allow for public input and comment into its deliberations. The date, time, and location of any meeting held to discuss projects for inclusion in the annual basin plan shall be advertised in the official journal of the state at least seven days prior to the meeting. Any project recommended by the technical advisory group for inclusion in an annual basin plan shall first be certified by that group as a project that would result in significant water management or water quality improvements that will enhance the wildlife, fisheries, or forest resources of the Atchafalaya Basin.
D. After receipt of the recommendations on all water management and water quality projects approved by the technical advisory group and receipt of recommendations from the staff, the board shall develop an annual basin plan. The board shall hold public hearings on the proposed plan prior to the adoption of the annual plan. Information received during the public hearings may be used by the board to amend the annual plan prior to presentation to the legislature.
Acts 2018, No. 570, §3, eff. July 1, 2018; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
Acts 2018, No. 570, §3, eff. July 1, 2018; Acts 2023, No. 345, §4, see Act.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
This Subpart shall be known and may be cited as the State and Local Coastal Resources Management Act of 1978.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
The legislature declares that it is the public policy of the state:
(1) To protect, develop, and, where feasible, restore or enhance the resources of the state's coastal zone.
(2)(a) To assure that, to the maximum extent feasible, constitutional and statutory authorities affecting uses of the coastal zone should be included within the Louisiana Coastal Management Program and that guidelines and regulations adopted pursuant thereto shall not be interpreted to allow expansion of governmental authority beyond those laws.
(b) To express certain regulatory and non-regulatory policies for the coastal zone management program. Regulatory policies are to form a basis for administrative decisions to approve or disapprove activities only to the extent that such policies are contained in the statutes of this state or regulations duly adopted and promulgated pursuant thereto. They are to be applicable to each governmental body only to the extent each governmental body has jurisdiction and authority to enforce such policies. Other policies are nonregulatory. They are included in the Coastal Zone Management Plan to help set out priorities in administrative decisions and to inform the public and decision makers of a coherent state framework, but such policies are not binding on private parties.
(3) To support and encourage multiple use of coastal resources consistent with the maintenance and enhancement of renewable resource management and productivity, the need to provide for adequate economic growth and development and the minimization of adverse effects of one resource use upon another, and without imposing any undue restriction on any user.
(4) To employ procedures and practices that resolve conflicts among competing uses within the coastal zone in accordance with the purpose of this Subpart and simplify administrative procedures.
(5) To develop and implement a coastal resources management program which is based on consideration of our resources, the environment, the needs of the people of the state, the nation, and of state and local government.
(6) To enhance opportunities for the use and enjoyment of the recreational values of the coastal zone.
(7) To develop and implement a reasonable and equitable coastal resources management program with sufficient expertise, technical proficiency, and legal authority to enable Louisiana to determine the future course of development and conservation of the coastal zone and to ensure that state and local governments have the primary authority for managing coastal resources.
(8) To support sustainable development in the coastal zone that accounts for potential impacts from hurricanes and other natural disasters and avoids environmental degradation resulting from damage to infrastructure caused by natural disasters.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 2006, No. 548, §1, eff. June 22, 2006.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
(1) "Alternative access" shall mean methods of gaining access, ingress and egress, other than by the dredging of canals into the wetlands for drilling, servicing, work over, or any other production of minerals activity.
(2) "Alternative access vehicle" shall mean any hover craft, helicopter, air cushion vehicle, or any other vehicle which does not require dredging.
(3) "Coastal use permit" shall mean the permits required by R.S. 49:214.30 of this Subpart and shall not mean or refer to, and shall be in addition to, any other permit or approval required or established pursuant to any other constitutional provision or statute.
(4) "Coastal waters" shall mean bays, lakes, inlets, estuaries, rivers, bayous, and other bodies of water within the boundaries of the coastal zone which have measurable seawater content (under normal weather conditions over a period of years).
(5) "Coastal Zone" shall mean the coastal waters and adjacent shorelands within the boundaries of the coastal zone established in R.S. 49:214.24, which are strongly influenced by each other, and in proximity to the shorelines, and uses of which have a direct and significant impact on coastal waters.
(6) "Fastlands" are lands, including areas that would otherwise be considered wetlands as defined in 33 CFR 328.3 and 40 CFR 120.2, that are surrounded by validly existing levees, berms, flood protection structures, or natural formations, whether privately or publicly owned or maintained, as of the effective date of this Subpart or as may be lawfully constructed in the future, which levees, berms, flood protection structures, or natural formations would normally prevent activities, not to include the pumping of water for drainage purposes, within the surrounded area from having a continuous surface connection to waters of the United States or direct and significant impacts on coastal waters.
(7) "Guidelines" means those rules and regulations adopted pursuant to R.S. 49:214.27.
(8) "Local government" shall mean the governmental body having general jurisdiction and operating at the parish level.
(9) "Person" shall mean any individual, partnership, association, trust, corporation, public agency or authority, or state or local government body.
(10) "Public hearing", wherever required in this Subpart, shall mean a hearing announced to the public at least 30 days in advance, and at which all interested persons shall be afforded a reasonable opportunity to submit data, views, or arguments, orally or in writing. At the time of the announcement of the public hearing all materials pertinent to the hearing, including documents, studies, and other data, in the possession of the party calling the hearing, must be made available to the public for review and study. As similar materials are subsequently developed, they shall be made available to the public as they become available to the party which conducted the hearing.
(11) "Residential coastal use" shall mean any coastal use associated with the construction or modification of one single-family, duplex, or triplex residence or camp. It shall also include the construction or modification to any outbuilding, bulkhead, pier, or appurtenance on a lot on which there exists a single-family, duplex, or triplex residence or camp or on a water body which is immediately adjacent to such lot.
(12) "Secretary" shall mean the secretary of the Department of Conservation and Energy or his designee.
(13) "Use" shall mean any use or activity within the coastal zone which has a direct and significant impact on coastal waters.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 1983, No. 705, §§4, 7, eff. Sept. 1, 1983; Acts 1984, No. 408, §§1, 3, eff. July 6, 1984; Acts 1987, No. 497, §1, eff. July 9, 1987; Acts 2000, 1st Ex. Sess., No. 147, §1; Acts 2023, No. 150, §20, eff. Jan. 10, 2024; Acts 2025, No. 105, §2, eff. June 8, 2025.
A. The seaward boundary of the coastal zone of Louisiana shall be the seaward limit of the state of Louisiana as determined by law.
B. The interstate boundaries of the coastal zone shall be the boundary separating Louisiana from Texas on the west and the boundary separating Louisiana from Mississippi on the east, as each is determined by law.
C. The inland boundary of the coastal zone shall generally be a line beginning at a point on the Louisiana/Texas border approximately 1035 feet southerly of the centerline of Interstate Highway 10 (I-10) at the northern boundary of Section 9, T11S-R13W. From this Point of Beginning, the inland boundary of the coastal zone shall thence proceed easterly along the northern boundary of Sections 9, 10, 11, 12, T11S-R13W, Sections 7, 8, 9, 10, 11, 12, T11S-R12W, Sections 7, 8, 9, 10, 11, 12T11S-R11W, and Section 7, T11S-R10W a distance of approximately 89,076 feet to the intersection of the left descending bank of Bayou Choupique; thence southerly along the left descending bank of Bayou Choupique a distance of approximately 56,800 feet to the intersection of the north shore of the Gulf-Intracoastal Waterway; thence easterly along the north shore of the Gulf-Intracoastal Waterway a distance of approximately 29,225 feet to the intersection of the right descending bank of Black Bayou; thence northerly along the right descending bank of Black Bayou a distance of approximately 7,028 feet to the intersection of the right descending bank of Coulee Hippolyte; thence northerly along the right descending bank of Coulee Hippolyte approximately 12,100 feet to the extension of the eastern right-of-way of Nelson Road; thence northerly along the eastern right-of-way of Nelson Road approximately 4,968 feet to the southern right-of-way of W. Lincoln Road; thence easterly along the southern right-of-way of W. Lincoln Road approximately 11,928 feet to the western right-of-way of Louisiana Highway 385 (Gulf Highway); thence southerly along the western right-of-way of Louisiana Highway 385 (Gulf Highway) approximately 20,180 feet to the northern Cameron Parish boundary; thence easterly along the northern Cameron Parish boundary approximately 194,110 feet to the northeast corner of Cameron Parish; thence southerly along the boundary of Cameron/Vermilion Parishes approximately 43,122 feet to the north shore of the Gulf-Intracoastal Waterway; thence easterly along the north shore of the Gulf-Intracoastal Waterway approximately 109,994 feet to the eastern right-of-way of Louisiana Highway 82; thence northerly along the eastern right-of-way of Louisiana Highway 82 a distance of approximately 3,731 feet to its intersection with Louisiana Highway 35; thence easterly along the southern right-of-way of Louisiana Highway 82 a distance of approximately 40,638 feet to its intersection with Louisiana Highway 333; thence northerly along the eastern right-of-way of Louisiana Highway 82 a distance of approximately 16,480 feet to the southern right-of-way of Louisiana Highway 690; thence easterly along the southern right-of-way of Louisiana Highway 690 a distance of approximately 23,157 feet to the southern right-of-way of Louisiana Highway 330; thence continuing easterly along the southern right-of-way of Louisiana Highway 330 a distance of approximately 28,303 feet to a point where Louisiana Highway 330 takes a 90- degree turn to the north; thence northerly along the eastern right-of-way of Louisiana Highway 330 a distance of approximately 28,632 feet to a point approximately 188 feet north of the centerline of Wilferd Landry Street, in Delcambre; thence N 89 degrees 05 minutes 01 seconds W a distance of approximately 1,457 feet; thence N 00 degrees 23 minutes 30 seconds W a distance of approximately 276 feet; thence N 88 degrees 43 minutes 94 seconds W a distance of approximately 1,380 feet; thence N 00 degrees 26 minutes 05 seconds W a distance of approximately 2,661 feet to the intersection of the centerline of North Saunier Drive and the extension of the eastern right-of-way of Louisiana Highway 89; thence northerly along the eastern right-of-way of Louisiana Highway 89 a distance of approximately 539 feet; thence N 86 degrees 26 minutes 50 seconds E a distance of 1,475 feet; thence N 01 degrees 09 minutes 06 seconds E a distance of 654 feet; thence S 89 degrees 30 minutes 31 seconds E a distance of 337 feet to a point on the Vermilion/Iberia Parish boundary; thence northerly along the parish boundary a distance of approximately 19,351 to the southern right-of-way of Louisiana Highway 682 (Lake Peigneur Road); thence southeasterly along the southern right-of-way of Louisiana Highway 682 a distance of 10,230 feet to the northern right-of-way of Louisiana Highway 675 (Jefferson Island Road); thence southwesterly along the northern right-of-way of Louisiana Highway 675 a distance of approximately 15,576 feet to the southern right-of-way of Louisiana Highway 14; thence easterly along the southern right-of-way of Louisiana Highway 14 a distance of approximately 42,067 feet to the southern right-of-way of US Highway 90; thence easterly along the southern right-of-way of US Highway 90 a distance of approximately 50,265 feet to the southern right-of-way of Louisiana Highway 85 (Patoutville Road); thence northeasterly along the southern right-of-way of Louisiana Highway 85 a distance of approximately 5,826 feet to the southern right-of-way of Louisiana Highway 674 (East Admiral Doyle Drive); thence southeasterly along the southern right-of-way of Louisiana Highway 674 a distance of approximately 9,997 feet to the southern right-of-way of Louisiana Highway 85 (Hubertville Road); thence northeasterly along the southern right-of-way of Louisiana Highway 85 a distance of approximately 6,160 feet to the northern right-of-way of Glover Street; thence northwesterly along the northern right-of-way of Glover Street a distance of approximately 2,140 feet; thence N 42 degrees 30 minutes 50 seconds E along the eastern right-of-way of Doll Street a distance of approximately 1,794 feet to the right descending bank of Bayou Teche; thence southerly along the right descending bank of Bayou Teche a distance of approximately 12,314 feet to the St. Mary Parish boundary; thence northerly along the Iberia/St. Mary Parish boundary a distance of approximately 40,881 feet to the eastern right-of-way of Iberia Parish Road 305 (West Atchafalaya Basin Spillway Road); thence northerly along the eastern right-of-way of Iberia Parish Road 305 a distance of approximately 32,791 feet to the Iberia Parish boundary; thence easterly along the Iberia/St. Martin and Iberia/Iberville Parish boundaries a distance of approximately 134,940 feet to the Assumption Parish boundary; thence continuing easterly along the Assumption/Iberville and Assumption/Ascension Parish boundaries a distance of approximately 94,422 feet to the St. James Parish boundary; thence continuing easterly along the St. James/Ascension Parish boundary a distance of approximately 46,802 feet to the eastern right-of-way of the Entergy tower power line near the western boundary of Section 31, T10S – R4E; thence northerly along the east right-of-way line of the Entergy tower power line a distance of 14,248 feet to the northern right-of-way of Interstate Highway 10 (I-10) located in Section 19, T10S-R4E; thence southeasterly along the northern right-of-way of I-10 a distance of 27,411 feet to the east section line of Section 26, T10S-R4E; thence northerly along the east section lines of Sections 26, 23, 14, and 11, T10S-R4E a distance of 15,704 feet to the northern drainage servitude line of New River Canal; thence westerly along the northern drainage servitude line of New River Canal a distance of 6,121 feet to the eastern drainage servitude line of Sevario Canal (Marvin Braud Pumping Station) located in Section 10, T10S-R4E; thence northerly along the east drainage servitude line of Sevario Canal a distance of 12,599 feet to the toe of the levee on the east bank of an unnamed tributary located in the northeast quarter of Section 34, T9S-R4E; thence proceed in a northeasterly and northwesterly direction along the floodside toe of the levee on the east bank of an unnamed tributary a distance of 1,221 feet to the north section line of Section 34, T9S-R4E and also at the toe of an existing levee heading east; thence easterly along the north section line and also the floodside toe of the levee a distance of 1,530 feet to a turn in the levee northward; thence northeasterly along the floodside toe of the levee a distance of 1,440 feet to a turn in the levee westward; thence westerly along the floodside toe of the levee a distance of 2,354 feet to the west bank of the unnamed tributary in Section 27, T9S-R4E; thence northerly along the west bank of the unnamed tributary a distance of 2,716 feet to the extension of the floodside toe of an existing levee heading southeasterly from the unnamed tributary; thence southeasterly, then northeasterly, then northwesterly along the floodside toe of the levee a distance of 5,794 feet to the northern right-of-way of Laurel Ridge Levee and the south right-of-way of Louisiana Highway 22 located in the southeast quarter of Section 22, T9S-R4E; thence northwesterly along the north right-of-way line of Laurel Ridge Levee a distance of 4,085 feet to a turn in the levee westward and located in the southwest quarter of Section 15, T8S-R4E; thence westerly along the north right-of-way line of Laurel Ridge Levee a distance of 10,313 feet to a point being 1,100 feet west of Bayou Vicknair in the southwest quarter of Section 17, T8S-R4E; thence N 10 degrees 02 minutes 34 seconds E a distance of 4,966 feet along the eastern side of a ridge following the elevation 5 feet contour line to a point located in the northern half of Section 17, T8S-R4E; thence proceed N 02 degrees 55 minutes 03 seconds W a distance of 4,641 feet to a point located on the top of an elevation 5 feet knoll located south of Lake Martin in the northern half of Section 8, T8S-R4E; thence N 47 degrees 59 minutes 42 seconds W a distance of 2,335 feet to a point located in the northern half of Section 8, T8S-R4E; thence N 32 degrees 31 minutes 50 seconds W a distance of 1,236 feet to a point located on the west section line of Section 5, T8S-R4E; thence proceed northerly along the west section line of said Section 5 and the west section line of Section 32, T8S-R4E a distance of 5,517 feet to a point located in the southeast quarter of Section 31, T8S-R4E; thence N 71 degrees 41 minutes 16 seconds W a distance of 1,926 feet to a point on the west bank of an unnamed tributary of Lake Villars in Section 31, T8S-R4E; thence an approximate direction of N 16 degrees 30 minutes 04 seconds W proceed along the west bank of an unnamed tributary of Lake Villars a distance of 2,094 feet to a point in Section 31, T8S-R4E; thence an approximate direction of N 46 degrees 41 minutes 16 seconds W along the west bank of an unnamed tributary of Lake Villars a distance of 899 feet to a point in Section 31, T8S-R4E; thence an approximate direction of N 08 degrees 16 minutes 33 seconds E along the west bank of an unnamed tributary of Lake Villars a distance of 1,134 feet to a point in Section 30, T8S-R4E; thence an approximate direction of N 34 degrees 16 minutes 41 seconds W along the west bank of an unnamed tributary of Lake Villars a distance of 1,348 feet to the southern right-of-way of Summerfield Road located in the southern half of Section 30, T8S-R4E; thence westerly along the southern right-of-way of Summerfield Road a distance of 2,010 feet to the centerline of Louisiana Highway 431 located in the southern half of Section 25, T8S-R4E; thence S 87 degrees 57 minutes 12 seconds W a distance of 4,226 feet to a ridge top with elevation 15 feet located in the southern half of Section 25, Township 8 South, Range 3 East; thence N 01 degrees 10 minutes 10 seconds W a distance of 6,333 feet to the edge of the swamp and the elevation 5 feet contour line near the southeast comer of the Shiloh Church Cemetery located south of Louisiana Highway 42 located in the northern half of Section 3, T8S-R3E; thence N 77 degrees 24 minutes 19 seconds E along the elevation 5 feet contour line a distance of 1,498 feet to a point located on the east section line of Section 3, T8S-R3E; thence S 51 degrees 07 minutes 20 seconds E a distance of 3,562 feet to a point on the east section line of Section 24, T8S-R3E and the extension of the southern right-of-way of Louisiana Highway 42/Amite River crossing being on an elevation 5 feet plateau located in the southern half of Section 24, Township 8 South, Range 3 East, Southeast District, East of Mississippi River; thence easterly along the extension of the south right-of-way of Louisiana Highway 42/Amite River crossing a distance of 663 feet to the centerline of the Amite River at the Livingston Parish boundary; thence continuing easterly along the southern right-of-way of Louisiana Highway 42 a distance of approximately 926 feet to the southern right-of-way of combined Louisiana Highways 16/42; thence easterly along the southern right-of-way of combined Louisiana Highways 16/42 a distance of approximately 16,619 feet to the southeastern right-of-way of Louisiana Highway 42 where it diverges from combined Louisiana Highways 16/42; thence northeasterly (becoming easterly) along the southeastern (becoming southern) right-of-way of Louisiana Highway 42 a distance of approximately 106,632 feet to the southeasterly right-of-way of Louisiana Highway 22; thence northeasterly along the southeasterly (becoming southern) right-of-way of Louisiana Highway 22 a distance of approximately 88,428 feet to the Tangipahoa/St. Tammany Parish boundary; thence northerly along the Tangipahoa/St. Tammany Parish boundary a distance of approximately 15,829 feet to the southern right-of-way of Interstate Highway 12 (I-12); thence easterly along the southern right-of-way of I-12 a distance of approximately 172,968 feet to the southern right-of-way of Interstate Highway 10 (I-10); thence continued easterly along the southern right-of-way of I-10 a distance of approximately 32,514 feet to the termination point at the intersection of southern right-of-way of I-10 with the Louisiana/Mississippi state border.
D. The secretary shall adopt a fully delineated inland boundary in accordance with the provisions of Subsection C of this Section, which boundary shall not depart appreciably from the boundary delineated therein. The secretary shall be authorized to amend the boundary as may be appropriate to follow the corporate limits of any municipality divided by the boundary. The boundary, as adopted, shall be clearly marked on large scale maps or charts, official copies of which shall be available for public inspection in the office of coastal management of the Department of Conservation and Energy and each local government in the coastal zone. The boundary shall also be available in an electronic format map available for viewing or download from the office of coastal management website.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Amended by Acts 1979, No. 665, §1, eff. July 18, 1979; Acts 1980, No. 396, §1; Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 2010, No. 956, §1; Acts 2012, No. 588, §1, eff. June 7, 2012; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
A. Uses of the coastal zone subject to the coastal use permitting program shall be of two types:
(1) Uses of state concern: Those uses which directly and significantly affect coastal waters and which are in need of coastal management and which have impacts of greater than local significance or which significantly affect interests of regional, state, or national concern. Uses of state concern shall include, but not be limited to:
(a) Any dredge or fill activity which intersects with more than one water body.
(b) Projects involving use of state owned lands or water bottoms.
(c) State publicly funded projects.
(d) National interest projects.
(e) Projects occurring in more than one parish.
(f) All mineral activities, including exploration for, and production of, oil, gas, and other minerals, all dredge and fill uses associated therewith, and all other associated uses.
(g) All pipelines for the gathering, transportation or transmission of oil, gas and other minerals.
(h) Energy facility siting and development.
(i) Uses of local concern which may significantly affect interests of regional, state or national concern.
(2) Uses of local concern: Those uses which directly and significantly affect coastal waters and are in need of coastal management but are not uses of state concern and which should be regulated primarily at the local level if the local government has an approved program. Uses of local concern shall include, but not be limited to:
(a) Privately funded projects which are not uses of state concern.
(b) Publicly funded projects which are not uses of state concern.
(c) Maintenance of uses of local concern.
(d) Jetties or breakwaters.
(e) Dredge or fill projects not intersecting more than one water body.
(f) Bulkheads.
(g) Piers.
(h) Camps and cattlewalks.
(i) Maintenance dredging.
(j) Private water control structures of less than fifteen thousand dollars in cost.
(k) Uses on cheniers, salt domes, or similar land forms.
B. Subject to the provisions of this Subpart, the delineation of uses of state or local concern shall not be construed to prevent the state or local governments from otherwise regulating or issuing permits for either class of use pursuant to another law.
C. The secretaries of the Departments of Conservation and Energy and Wildlife and Fisheries are authorized to jointly develop for adoption by the secretary, after notice and public hearing, rules for the further delineation of the types of uses that have a direct and significant impact on coastal waters and that demonstrate a need for coastal management, the classification of uses not listed herein, and for the modification and change of the classifications of uses, provided that no changes shall be made in the classifications of the uses listed in Subsection A of this Section.
D. In order for the state to exercise all or part of the federal government's authority for the issuance of permits for discharges of dredged or fill material within the coastal zone, the secretary is authorized to adopt necessary and appropriate rules, consistent with the other provisions of this statute, for the regulation of discharges of dredged or fill material into waters in the coastal zone subject to Section 404 regulation by the Corps of Engineers.
E. When only part of a use lies within the coastal zone, only that portion of the use which is located within the coastal zone is considered a use subject to a coastal use permit under this Subpart.
F. Except as provided in this Subsection, all uses and activities within the coastal zone are permissible, subject to the permitting requirements of this Subpart. However, dredging sand pits and excavating within three hundred feet of Highway 1, south of the town of Golden Meadow in Lafourche Parish, unless such excavating is associated with a drainage, utility, communications, pipeline, or fiber optic project for which a coastal use permit has been issued, shall be prohibited and shall not qualify for a coastal use permit. Any excavation associated with a pipeline project shall be refilled once the project is complete.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 2014, No. 168, §1; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
A.(1) A coastal management program is hereby established within the Department of Conservation and Energy. The secretary or his designee shall administer the coastal management program.
(2) The secretary is authorized to employ such additional staffing as may be necessary to carry out the coastal management program.
B. The secretary may authorize his designee to administer the program and/or:
(1) Receive, evaluate, and make recommendations to the secretary concerning applications for coastal uses permits.
(2) Conduct or cause to be conducted investigations, studies, planning, and research. (3) Systematically monitor and conduct surveillance of permitted uses to ensure that conditions of coastal use permits are satisfied.
(4) Coordinate closely with the secretary and local, state, regional, and federal agencies with respect to coastal management.
(5) Make recommendations to the secretary relative to appropriate enforcement measures for violations of this Subpart and measures to obtain civil relief, as provided by R.S. 49:214.36(D).
(6) Provide advice and technical assistance to the secretary and local governments.
(7) Conduct such activities or make such decisions as may be delegated or authorized by the secretary.
C. The secretary shall make decisions on applications for coastal use permits and may establish conditions on the granting of coastal use permits.
D. The secretary is further authorized to carry out those duties delegated to his designee by Subsection B of this Section.
Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1984, No. 408, §1, eff. July 6, 1984; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
A. The secretary shall develop the overall state coastal management program consisting of all applicable constitutional provisions, laws and regulations of this state which affect the coastal zone in accordance with the provisions of this Subpart and shall include within the program such other applicable constitutional or statutory provisions or other regulatory or management programs or activities as may be necessary to achieve the purposes of this Subpart or necessary to implement the guidelines hereinafter set forth.
B.(1) The secretary shall develop a management program and guidelines in conjunction with the secretary of the Department of Wildlife and Fisheries or his designee. Notice of the issuance of the proposed guidelines shall be given to relevant federal, state, and local governmental bodies and the general public, and public hearings shall be held. After consideration of comments received, the secretary shall adopt the guidelines in final form.
(2) The adopted guidelines shall be followed in the development of the state program and local programs and shall serve as criteria for the granting, conditioning, denying, revoking, or modifying of coastal use permits. The secretary, jointly with the secretary of the Department of Wildlife and Fisheries or his designee, shall review the guidelines periodically at the request of either secretary to consider modifications to the guidelines as a result of experience in issuing coastal use permits and results of research and planning activities.
C. The state guidelines shall have the following goals:
(1) To encourage full use of coastal resources while recognizing it is in the public interest of the people of Louisiana to establish a proper balance between development and conservation.
(2) Recognize that some areas of the coastal zone are more suited for development than other areas and hence use guidelines which may differ for the same uses in different areas.
(3) Require careful consideration of the impacts of uses on water flow, circulation, quantity, and quality and require that the discharge or release of any pollutant or toxic material into the water or air of the coastal zone be within all applicable limits established by law, or by federal, state, or local regulatory authority.
(4) Recognize the value of special features of the coastal zone such as barrier islands, fishery nursery grounds, recreation areas, ports and other areas where developments and facilities are dependent upon the utilization of or access to coastal waters, and areas particularly suited for industrial, commercial, or residential development and manage those areas so as to enhance their value to the people of Louisiana.
(5) Minimize, whenever feasible and practical, detrimental impacts on natural areas and wildlife habitat and fisheries by such means as encouraging minimum change of natural systems and by multiple use of existing canals, directional drilling, and other practical techniques.
(6) Provide for adequate corridors within the coastal zone for transportation, industrialization, or urbanization and encouraging the location of such corridors in already developed or disturbed areas when feasible or practicable.
(7) Reduce governmental red tape and costly delays and ensure more predictable decisions on permit applications.
(8) Encourage such multiple uses of the coastal zone as are consistent with the purposes of this Subpart.
(9) Minimize detrimental effects of foreseeable cumulative impacts on coastal resources from proposed or authorized uses.
(10) Provide ways to enhance opportunities for the use and enjoyment of the recreational values of the coastal zone.
(11) Require the consideration of available scientific understanding of natural systems, available engineering technology and economics in the development of management programs.
(12) Establish procedures and criteria to ensure that appropriate consideration is given to uses of regional, state, or national importance, energy facility siting and the national interests in coastal resources.
D.(1) In the development and implementation of the overall coastal management program, the secretary shall conduct a public education program to inform the people of the state of the provisions of this Subpart and the rules and regulations adopted pursuant hereto, and participation and comments by federal, state, and local governmental bodies, including port authorities, levee boards, regional organizations, planning bodies, municipalities and public corporations, and the general public shall be invited and encouraged.
(2) All governmental bodies may participate to ensure that their interests are fully considered.
E.(1) The secretary shall issue a request for proposals to all major manufacturers of alternative access vehicles and all major oil producers, and shall accept from any interested party proposals to physically demonstrate methods which are technically and economically feasible as well as environmentally sound to gain alternative access to the wetlands for the purpose of oil and gas operations in lieu of the need for dredging.
(2) The secretary shall complete the demonstration project at no cost to the state and report his findings on the technical and economic feasibility of alternative access to the committees on natural resources of the Senate and House of Representatives by March 1, 1988.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1984, No. 408, §1, eff. July 6, 1984; Acts 1987, No. 497, §1, eff. July 9, 1987; Acts 1991, No. 640, §1; Acts 2004, No. 459, §1, eff. June 24, 2004.
A. Local governments may develop local coastal management programs in accordance with the provisions of this Section.
B. The secretary shall adopt, after notice and public hearing, rules and procedures for the development, approval, modification, and periodic review of local coastal management programs. Such rules and procedures may subsequently be amended by the secretary.
C. The rules and procedures adopted pursuant to this Section shall be consistent with the state guidelines and shall provide particularly, but not exclusively, that:
(1) Local governments, in developing local programs, shall afford full opportunity for municipalities, state and local government bodies, and the general public to participate in the development and implementation of the local program.
(2) A public hearing to receive comments on a proposed local program shall be held in the area to be subject to the program by the local government proposing the program or its duly appointed local committee.
(3) A local program developed under this Section shall be consistent with the state guidelines and with the policies and objectives of this Subpart and shall particularly, but not exclusively, consist of:
(a) A description of the natural resources and the natural resource users of the coastal zone area within the parish, the social and economic needs within particular areas of the coastal zone of the parish, and the general order or priority in which those needs which directly and significantly affect coastal waters should be met within the coastal zone of the parish.
(b) Procedures to be used by the local government to regulate uses of local concern.
(c) Special procedures and methods for considering uses within special areas, uses of greater than local benefit, and uses affecting the state and national interest.
(4) Each local government preparing a local program under this Section may appoint a coastal advisory committee, hereinafter called "local committee". The local committee shall be composed of a reasonable number of persons who represent users of coastal resources and shall include representation of users concerned with conservation and preservation of renewable coastal resources and users concerned with development of resources for commercial purposes. The local committee shall assist local government in the development and implementation of a local program and in the development of special management programs affecting special areas. The local committee may report progress or problems in the implementation of the state and local programs and may convey ideas and suggestions to the local governments and the secretary.
(5) Local programs shall be submitted to the secretary for review and may be submitted after promulgation of the state guidelines and the rules adopted pursuant to this Section.
D. In approving a local program, the secretary, acting jointly with the secretary of the Department of Wildlife and Fisheries or his designee, may make reasonable interpretations of the state guidelines insofar as they affect that particular local program, which are necessary because of local environmental conditions or user practices. The secretary may otherwise provide for the requirements for approval of local programs.
E. Within ninety days after receipt of a proposed local program, the secretary shall either approve the program or notify the local government of the specific changes which must be made in order for it to be approved. Before making his decision the secretary shall consider each proposed local program, the comments received from other agencies, interested persons and the public hearing, the state guidelines and the rules adopted pursuant to this Section. A local program may be resubmitted, or amended following the same procedures outlined herein.
F. A local government or any other persons adversely affected by a decision of the secretary pursuant to R.S. 49:214.28(E) may appeal the decision in accordance with R.S. 49:214.35.
G. No local coastal program shall become effective until it has been approved by the secretary. Once approved, a local program shall be available for public inspection at the offices of the local government and of the coastal management program.
H. Once a local program is approved by the secretary:
(1) Uses of local concern within the parish's coastal zone must be consistent with the local program and shall be subject to the issuance of coastal use permits by the local government.
(2) The local program may be altered or modified only with approval of the secretary pursuant to the procedures provided for approval of local program.
(3) The local program, its procedures and implementation shall be subject to periodic review by the secretary to ensure continued consistency with the state program, guidelines, and with the policies and purpose of this Subpart. The secretary shall require the modification of the local program or its procedures when necessary to ensure such consistency pursuant to the procedures provided for approval of a local program.
I. The secretary is authorized to enter into contracts with local governments to provide financial assistance on a matching fund basis to aid the development and implementation of approved local programs under this Subpart. The secretary shall develop rules and procedures after notice and public hearing, under which local governments may qualify for such assistance.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Amended by Acts 1979, No. 613, §1, eff. July 18, 1979. Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1984, No. 408, §1, eff. July 6, 1984.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
A. Special areas are areas within the coastal zone which have unique and valuable characteristics requiring special management procedures. Special areas may include important geological formations, such as beaches, barrier islands, shell deposits, salt domes, or formations containing deposits of oil, gas or other minerals; historical or archaeological sites; corridors for transportation, industrialization or urbanization; areas subject to flooding, subsidence, salt water intrusion or the like; unique, scarce, fragile, vulnerable, highly productive or essential habitat for living resources; ports or other developments or facilities dependent upon access to water; recreational areas; freshwater storage areas; and such other areas as may be determined pursuant to this Section.
B. The secretary may adopt, after notice and public hearing, rules for the identification, designation, and utilization of special areas and for the establishing of guidelines or priorities of uses in each area.
C. Those areas and facilities subject to the jurisdiction of the Offshore Terminal Authority are deemed to be special areas. The environmental protection plan required by R.S. 34:3113 shall constitute the management guidelines for this special area and shall continue to be administered and enforced by the Offshore Terminal Authority or its successor in accordance with the policies and objectives of the state program.
D. The secretary shall have the authority to set priorities, consistent with this Subpart, for funding available under Section 308 of the Federal Coastal Zone Management Act (PL 92-583 as amended by PL 94-370).
E. The secretary is authorized to assist approved local programs and state and local agencies carrying out projects consistent with the guidelines, related to the management, development, preservation, or restoration of specific sites in the coastal zone or to the development of greater use and enjoyment of the resources of the coastal zone by financial, technical, or other means, including aid in obtaining federal funds.
F. Notwithstanding any law, order, or regulation to the contrary, the secretary shall prepare a freshwater diversion plan for the state in order to reserve or offset land loss and salt water encroachment in Louisiana's coastal wetlands. As part of this plan the secretary shall prepare specific recommendations as to those locations which are most in need of freshwater diverted from the Mississippi River and other water bodies of the state, and he shall include the projected costs thereof and the order of priority.
G. The secretary shall develop an indexing system whereby those wetland, coastline, and barrier island areas which are undergoing rapid change or are otherwise considered critical shall be identified; and the secretary shall also undertake a pilot program to create one or more artificial barrier islands in order to determine the effectiveness of such islands in controlling shoreline erosion.
H. The governor may, upon recommendation by the secretary and after consultation with the attorney general as to any adverse impact on the coastline, enter into agreements with the United States regarding the construction, maintenance, and operation of projects along the coastline and in the Gulf of America. The agreements may provide that such projects shall not affect the location of the shoreline or boundaries of the state.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Amended by Acts 1978, No. 777, §1; Acts 1979, No. 561, §1; Acts 1979, No. 574, §1; Acts 1979, No. 613, §1, eff. July 18, 1979; Acts 1983, No. 591, §2, eff. July 14, 1983; Acts 1984, No. 408, §1, eff. July 6, 1984; Acts 2025, No. 105, §3, eff. June 8, 2025; Acts 2025, No. 458, §9, eff. Oct. 1, 2025.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
A.(1) No person shall commence a use of state or local concern without first applying for and receiving a coastal use permit. Decisions on coastal use permit applications shall be made by the secretary, except that the local government shall make coastal use permit decisions as to uses of local concern in areas where an approved local program is in effect. Conditions set forth in a coastal use permit shall supersede any and all variances or exceptions granted by the commissioner of conservation in accordance with R.S. 30:4(E)(1) for activities within the coastal zone as defined by R.S. 49:214.24.
(2) Prior to issuance of a coastal use permit, the secretary shall ensure that the activity for which application is being made is consistent with the state's master plan for integrated coastal protection. No activity which is not consistent with the plan shall be granted a coastal use permit. In addition, any permit granted to repair or replace a pipeline that would impact integrated coastal protection in the state's master or annual plan shall include a requirement that the pipeline owner shall be responsible for the cost to repair or replace such pipeline. The pipeline owner shall be responsible for the performance of any pipeline relocation work to accommodate the construction of any integrated coastal protection. Any incremental costs associated with such relocation work shall be reimbursed to the pipeline owner by the appropriate federal, state, or local governmental agency. As used in this Paragraph, "incremental costs" means the cost of the pipeline relocation required by the appropriate governing authority less the cost that the pipeline operator would have incurred for the maintenance project.
B. Within one hundred twenty days after the effective date of this Subpart, the secretary shall adopt, after notice and public hearing, rules and procedures consistent with this Subpart for both the state coastal management program and approved local programs regarding the form and information requirements for coastal use permit applications, the coastal use permit review process, public notice and public comments, criteria and guidelines for decision making, appeals and emergency activities.
C. The rules promulgated pursuant to this Section shall, among other things, provide that:
(1) Coastal use permit applications shall be submitted to the secretary, except that applications for uses in areas subject to an approved local program may instead be submitted to the local government. Local governments with an approved program to whom applications are submitted shall make the initial determination, subject to review by the secretary with a right of appeal, as to whether the proposed use is of state concern or local concern. Copies of all applications submitted to local governments and the local government's use-type determination shall be transmitted to the secretary within two days of receipt.
(2)(a) Within ten days of receipt of a coastal use permit application by the secretary, copies of the application shall be distributed to the local government or governments in whose parish the use is to occur and all appropriate state and local agencies, and public notice shall be given. A public hearing on an application may be held. Concurrently with the filing of the coastal use permit application, a copy of the application shall be distributed by the applicant to the owner or owners of the land on which the proposed coastal use is to occur. The landowner and his address shall be determined by rules of the administrator. The applicant shall make every reasonable effort, which shall include a search of the public records of the parish in which the use is to occur, if necessary, to determine the identity and current address of the owner or owners of the land on which the use is to occur. The application shall not be considered complete unless the applicant attaches thereto a written affidavit of the fact that reasonable efforts have been made to determine the identity and present address of each owner and a list of the names and addresses of the owners to whom the applicant has furnished a copy of the application. If the proposed activity would be located on property owned by more than ten persons, or on property owned jointly in an undivided interest consisting of more than ten persons, the secretary may deem the application complete upon proof that fifty percent of the persons owning or having an undivided interest in the property have been provided with a copy of the application. The secretary may also approve this method of landowner notification in the case where the applicant holds a valid right-of-way, easement, or servitude for conducting the proposed activity on that property or when a government entity proposes to conduct maintenance activities on existing public works projects.
(b) Notwithstanding any other law to the contrary, the secretary shall, after notification by the department to the applicant that the application is complete, grant or deny all applications for all permits, licenses, registrations, variances, or compliance schedules within sixty days. The notification of completeness shall be issued within fourteen days, exclusive of holidays, by the department. If the application is not complete, the department shall notify the applicant in writing of the deficiencies which cause the application not to be complete. If the secretary does not grant the application, the secretary shall provide written reasons for his decision, and copies of the decision shall be provided to all parties. The secretary may delegate the power to grant permits, licenses, registrations, variances, or compliance schedules to an assistant secretary, division administrator, or other designee.
(c) If the secretary does not grant or deny the application within the time period provided for in this Paragraph, the applicant may file a rule as provided for in R.S. 49:978.
(3) The decision to approve, approve with modifications, or otherwise condition approval, or deny the coastal use permit shall be made within thirty days after public notice or within fifteen days after a public hearing, whichever is later. The coastal use permit decision must be consistent with the state program and approved local programs for affected parishes and must represent an appropriate balancing of social, environmental and economic factors. In all instances local government comments shall be given substantial consideration.
(4) The decision to approve, approve with modifications, or otherwise condition approval, or deny the application for a coastal use permit shall be in writing and copies of the decisions shall be sent to all parties.
(5) Public notice of coastal use permit decisions shall be given.
(6) The secretary may adopt rules providing for alternate procedures for the filing of applications, distribution of copies, giving of notices, and public hearings in order to implement the coordinated coastal permitting process established pursuant to R.S. 49:214.33.
(7) Notwithstanding any contrary provisions of law in this Section, the permitting authority may deny without prejudice, or withdraw or place on inactive status, the application for a coastal use permit if the applicant fails to respond within sixty days to any request or inquiry from the permitting authority.
(8) Notwithstanding any contrary provision of law or regulation, a coastal use permit, once granted on private continuing marsh management projects, shall be valid for the life of the project or activity for which the permit is issued, unless the secretary shall thereafter modify, revoke, or suspend the permit. Unless the secretary revokes or suspends the permit, no further permits shall be necessary for activities required to operate or maintain the permitted use.
(9) The secretary shall take into consideration a permit applicant's history of compliance with the provisions of the Louisiana Coastal Resources Program prior to making a determination of whether to approve, approve with modifications or otherwise conditionally approve, or deny the application for a coastal use permit. As used in this Paragraph, "permit applicant" shall mean the specific company, individual, or entity which has made application for the permit. Any use or activity found to not comply with the Louisiana Coastal Resources Program which was conducted by a person or entity or on a property prior to the acquisition of that person, entity, or property by the permit applicant shall not be considered a part of the permit applicant's history of compliance. The applicant shall be allowed to review and comment on his compliance record as compiled by the secretary. The department shall promulgate, under the Administrative Procedure Act, guidelines for implementation of this Paragraph.
D. The applicant, the secretary, and affected local government or affected federal, state, or local agency, any aggrieved person, or any other person adversely affected by a coastal use permit decision may appeal the coastal use permit decision in accordance with R.S. 49:214.35.
E. The secretary is authorized to adopt rules and procedures for the issuance of general coastal use permits and for the issuance of variances from the normal coastal use permitting requirements. For the purposes of this Subpart, a general coastal use permit is an authorization to prospective users to perform specific uses within prescribed areas of the coastal zone without the necessity for a complete, independent review of each proposed use and allows the shortest time period of review possible. The rules and procedures which may be adopted pursuant to this Section shall provide for expeditious processing of applications for general coastal use permits and may authorize variances from the normal coastal use permit application and review procedures. General coastal use permits and variances from the normal coastal use permitting requirements may not be issued except when the issuance of such general coastal use permits or variances does not impair the fulfillment of the objectives and policies of the Subpart.
F. The secretary shall adopt rules whereby specified types of activities may be carried out under prescribed emergency conditions without the necessity of obtaining a coastal use permit in advance.
G.(1) The secretary is authorized to establish a reasonable schedule for fees to be charged to the applicant for the processing and evaluation of coastal use permit applications.
(2) The secretary is authorized to increase the fee charged to an applicant for a coastal use permit for a nonresidential coastal use to not more than one hundred dollars per application. In addition, the secretary is authorized to increase the fee charged to an applicant for a coastal use permit for a nonresidential coastal use that involves excavation or filling to not less than twenty-five dollars nor more than five thousand dollars per application, and such fee shall not exceed ten cents per cubic yard of material excavated or filled.
(3) The secretary shall waive fees authorized by this Section for any individual, state agency, or political subdivision deemed by him to be engaged in coastal restoration activity consistent with the plan as provided in R.S. 49:213.6 and for local public bodies for constructing drainage improvements.
(4) Funds generated from these fees shall be deposited in the Coastal Resources Trust Dedicated Fund Account as provided in R.S. 49:214.40.
H.(1) In order for the state to fulfill its obligation under the public policy provisions of this Subpart, the secretary shall insure that whenever a proposed use or activity requires the dredging or disposal of five hundred thousand cubic yards or more of any waterbottom or wetland within the coastal zone, the dredged material shall be used for the beneficial purposes of wetland protection, creation, enhancement, or combinations thereof, in accordance with a long term management strategies plan for each existing or proposed channel or canal as approved by the secretary.
(2) Whenever a proposed use or activity requires a coastal use permit for the dredging or disposal of from twenty-five thousand to five hundred thousand cubic yards of any water bottoms or wetland within the coastal zone, the secretary may require the beneficial use of the dredge material for wetland and barrier island protection, creation, enhancement or combinations thereof. Consideration shall include a site specific statement reflecting estimated costs and the availability of a suitable disposal area. Long term management strategy disposal areas shall be utilized when practical. Activities not in the vicinity of long term management strategy disposal areas shall be considered on a case by case basis through the coastal use permit process. A system of mitigation credits shall be initiated to encourage the beneficial use of dredged material by dredge applicants. The secretary shall require the beneficial use of dredge material in circumstances where it is deemed economically feasible with consideration given to the value of established mitigation credits.
(3) When a proposed use or activity involves dredging to construct or maintain a channel or canal greater than one mile in length in the coastal zone and where the secretary determines that failure to maintain and stabilize the banks of such channel or canal will result in direct or indirect loss of wetlands or adverse impacts to wetlands or water bottoms, the secretary shall require that such banks be maintained and stabilized using dredged materials or structural stabilization measures, or both. In areas where the secretary determines that dredged material placement alone is insufficient to maintain and stabilize the banks along all or part of the canal or channel, the use of structural stabilization measures, including but not limited to rock breakwaters, shall also be required. Any dredged material disposal and channel bank stabilization shall be in accordance with a long term management strategies plan for each existing or proposed channel or canal as approved by the secretary. At a minimum, the plan shall address environmental and economic considerations and emergency situations.
I. Notwithstanding the provisions of this Section, from March 17, 2025, to January 1, 2030, neither the secretary nor the approved local program for St. Tammany Parish shall issue a coastal use permit for the purpose of constructing a bulkhead in St. Tammany Parish within the area defined by the following coordinates: beginning at 30°25'16.3"N 90°06'51.4"W; proceeding east to 30°25'16.1"N 90°06'45.5"W; then south to 30°25'08.8"N 90°06'46.1"W; then west to 30°25'06.6"N 90°07'04.7"W; then north to 30°25'11.6"N 90°07'04.9"W; then east to 30°25'12.3"N 90°06'51.3"W; and finally north to the point of beginning. This restriction applies to all water bodies within this area, including those locally known as Lake Emfred and Suter Slip.
Acts 1990, No. 98, §1; Acts 1990, No. 662, §1, eff. July 19, 1990; Acts 1990, No. 996, §2; Acts 1991, No. 637, §1; Acts 1991, No. 828, §2; Acts 1991, No. 995, §1; Acts 1992, No. 815, §2; Acts 1993, No. 194, §2; Acts 1993, No. 970, §1; Acts 1997, No. 93, §1; Acts 2000, 1st Ex. Sess., No. 147, §1; Acts 2004, No. 277, §1; Acts 2004, No. 386, §1; Acts 2004, No. 459, §1, eff. June 24, 2004; Acts 2010, No. 834, §1; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2025, No. 115, §2, eff. June 8, 2025.
A. Nothing in this Subpart shall abridge the constitutional authority of any department of state government or any agency or office situated within a department of state government. Nor shall any provision, except as clearly expressed herein, repeal the statutory authority of any department of state government or any agency or office situated in a department of state government.
B. Permits issued pursuant to existing statutory authority of the office of conservation in the Department of Conservation and Energy for the location, drilling, exploration, and production of oil, gas, sulphur, or other minerals shall be issued in lieu of coastal use permits, provided that the office of conservation shall coordinate such permitting actions pursuant to R.S. 49:214.32(B) and (D) and shall ensure that all activities so permitted are consistent with the guidelines, the state program, and any affected local program.
C. Permits issued pursuant to existing statutory authority by the Department of Wildlife and Fisheries for the leasing, seeding, cultivation, planting, harvesting or marking of oyster bedding grounds shall be issued in lieu of coastal use permits, provided that the Department of Wildlife and Fisheries shall coordinate such permitting actions pursuant to R.S. 49:214.32(B) and (D) and shall ensure that all activities so permitted are consistent with the guidelines, the state program and any affected local program.
D. The provisions of this Subpart are not intended to abridge the constitutional authority of any local governments, levee boards or other political subdivisions.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
A. Deep water port commissions and deep water port, harbor, and terminal districts, as defined in Article 6, Sections 43 and 44 of the Louisiana Constitution of 1974, shall not be required to obtain coastal use permits. Provided, however, that their activities shall be consistent to the maximum extent practicable with the state program and affected approved local programs.
B. The governor, through the secretary, shall ensure that any activity within or outside the coastal zone that affects any land or water use or natural resources of the coastal zone which is undertaken, conducted, or supported by any governmental body is consistent with the state program and any affected approved local program having geographical jurisdiction over the action to the maximum extent practicable and, with respect to federal agencies, to the fullest extent allowed under federal law, particularly 16 U.S.C. 1456 and 15 C.F.R. 930.1-930.154 and amendments thereto. The governor, through the secretary, shall also ensure that such governmental body has considered the sustainability of any activity in the coastal zone and has accounted for potential impacts from hurricanes and other natural disasters.
C.(1) Consistency determinations shall be made by the secretary except that consistency determinations for uses carried out under the secretary's authority shall be made by the governor.
(2) The following schedule of fees shall be charged for the processing and evaluation of consistency determinations required by R.S. 49:214.32 to the person conducting an activity subject to consistency review. A nonrefundable processing fee of three hundred dollars shall accompany each application or request for consistency determination submitted to the Coastal Management Division.
(3) The schedule of fees shall become effective October 1, 1992.
(4) If the appropriate application fees are not included along with the application or request for consistency determination, the application or request shall be considered incomplete, and returned to the applicant.
(5) The following activities are exempted from consistency fees:
(a) The processing and evaluation of any consistency determinations relative to all matters concerning the Oil Spill Prevention and Response Act (R.S. 30:2451 et seq.) and any amendments thereto.
(b) The processing and evaluation of consistency determinations for activities performed by the Louisiana Department of Wildlife and Fisheries on wildlife management areas and refuges maintained or managed by the Department of Wildlife and Fisheries.
(c) The processing and evaluation of consistency determinations for activities performed by the Louisiana Department of Recreation and Tourism on state parks and cultural sites maintained and/or managed by the Louisiana Department of Recreation and Tourism.
(d) The processing and evaluation of consistency determinations for any portions of federally permitted activities which are also subject to the state coastal use permitting requirement.
(e) The processing and evaluation of consistency determinations for federal loans and grants.
(f) The processing and evaluation of consistency determinations for activities performed by the U.S. Fish and Wildlife Service on refuges maintained and/or managed by the U.S. Fish and Wildlife Service.
(g) The processing and evaluation of consistency determinations for activities performed by the U.S. Park Service in national parks.
(h) The processing and evaluation of consistency determinations for maintenance of existing Outer Continental Shelf mineral facilities, pipelines, and other structures.
(i) The processing and evaluation of consistency determinations for relocation and removal of existing Outer Continental Shelf mineral facilities, pipelines, and other structures when such relocation or removal is required by federal or state statute or regulation.
(6) The monies generated from the collection of consistency determination fees shall be allocated and expended to employ sufficient personnel to process and evaluate consistency determinations in an expeditious manner.
(7) Decisions on consistency determinations shall be made within three months of receipt of the consistency determination by the Coastal Management Division, except as provided by federal regulations at 15 CFR 930.79 and 15 CFR 930.63.
(8) All other procedural and substantive requirements for consistency determinations are to be carried out in accordance with federal law, particularly 16 U.S.C. 1456 and 15 C.F.R. Sections 930.1-930.154, and amendments thereto.
D. Governmental bodies shall fully coordinate their activities affecting the coastal zone with the state program and affected approved local programs. When the secretary finds that governmental actions not subject to the coastal use permitting program may significantly affect land and water resources within the coastal zone, he shall notify the secretary of the Department of Wildlife and Fisheries or his designee and the concerned governmental body carrying out the action. Any governmental body so notified shall coordinate fully with the secretaries or their designees, acting jointly, at the earliest possible stage of the proposed action. The secretaries or their designees, shall make comments to such other agencies in order to assure that such actions are consistent with the state program and affected local programs. These comments shall, to the maximum extent practicable, be incorporated into the action commented upon.
E. Provided that neither the state nor any local government having an approved local program shall be liable for any damages resulting from activities occurring in connection with the granting of any coastal use permit pursuant to this Section; and provided further that any person undertaking any use within the coastal zone in accordance with the terms and conditions of a coastal use permit issued pursuant to this Section shall be considered in full compliance with the purposes and provisions of this Subpart.
F.(1) In order for the state to fulfill its obligation under the public policy provisions of this Subpart, the secretary shall insure that whenever a proposed use or activity requires the dredging or disposal of five hundred thousand cubic yards or more of any waterbottom or wetland within the coastal zone, the dredged material shall be used for the beneficial purposes of wetland protection, creation, enhancement, or combinations thereof, in accordance with a long term management strategies plan for each existing or proposed channel as developed by the secretary and adopted pursuant to the provisions of the Louisiana Administrative Procedure Act.
(2) When a proposed use or activity involves dredging to construct or maintain a channel or canal greater than one mile in length in the coastal zone and where the secretary determines that failure to maintain and stabilize the banks of such channel or canal will result in direct or indirect loss of wetlands or adverse impacts to wetlands or waterbottoms, the secretary shall require that such banks be maintained and stabilized using dredged materials or structural stabilization measures, or both. In areas where the secretary determines that dredged material placement alone is insufficient to maintain and stabilize the banks along all or part of the canal or channel, the use of structural stabilization measures, including, but not limited to rock breakwaters, shall also be required. Any dredged material disposal and channel bank stabilization shall be in accordance with a long term management strategies plan for each proposed or existing channel as developed by the secretary and adopted pursuant to the provisions of the Louisiana Administrative Procedure Act.
(3) In developing a long term management strategies plan for each existing or proposed channel as provided in Paragraphs F(1) and (2), the secretary shall consult with and address the concerns of the following:
(a) The local sponsor of the existing or proposed channel.
(b) The governing authority for the parish in the coastal zone through which the channel is to be constructed or maintained.
(c) Representatives of the affected or potentially affected port or waterway facility operators.
(d) Representatives of the affected or potentially affected waterway user groups.
(e) Appropriate state and federal agencies.
(4) The plan shall address beneficial use of dredged material disposal for the purposes of wetland protection, creation, enhancement, combinations thereof, and channel bank stabilization, where deemed appropriate by the secretary from a long-range perspective and shall incorporate structural, management, institutional, and economic components for a particular existing or proposed navigation channel. The plan shall include but not be limited to the following:
(a) A list of projects, programs, or structural channel bank stabilization measures required for the conservation, restoration, or creation of wetlands lost, adversely affected, or with the potential to be lost as a result of existing or proposed navigation channels and the action required of each state or federal agency, port authority, user group, or other responsible party to implement said project, program, or channel bank stabilization measure.
(b) A schedule, estimated cost, and source or sources of funding for the implementation of each project, program, or channel bank stabilization measure included in the plan for a particular existing or proposed navigation channel.
(c) Scientific data and other reasons, including but not limited to economic, social, geographic, and biological considerations and parameters as to why each project, program, or structural measure was selected for inclusion. Specifically this will include an explanation as to how each project, program, or channel bank stabilization measure advances the plan's objectives with respect to beneficial use of dredged material disposal for the purposes of wetland protection, creation, enhancement, a combination thereof, and channel bank stabilization, where deemed appropriate by the secretary.
(d) Provisions which address emergency situations, including but not limited to instances of force majeure, acts of God, acts of war, and other problems or situations not anticipated in the plan.
(5) Any plan approved by the secretary and adopted in accordance with the Louisiana Administrative Procedure Act shall be consistent with the provisions of R.S. 49:214.27 and 214.32, and the rules, regulations, and guidelines adopted thereunder. Any project, program, or structural channel bank stabilization measures included in an approved and promulgated plan for a particular existing or proposed navigation channel shall be deemed to be consistent with the Louisiana Coastal Resources Program, provided, however, actual construction and implementation is done in accordance with the plan, design memorandum, local cooperation agreement, and local cooperation agreement for a particular existing or proposed navigation channel. Consistency determinations for projects, programs or channel bank stabilization measures implemented or constructed on a channel or canal, or any segment thereof, which has not been made part of any plan approved and adopted pursuant to the provisions herein shall be made on a case-by-case basis in accordance with R.S. 49:214.27 and 214.32 and the rules, regulations and guidelines adopted thereunder. The provisions herein shall be made on a case-by-case basis in accordance with R.S. 49:214.27 and the rules, regulations, and guidelines adopted thereunder.
(6)(a) Any long term management strategies plan shall have, as a matter of law a term of not more than ten years. At the end of the term, the secretary may, in accordance with applicable statutory law, rules, and regulations:
(i) Extend or reissue a plan for another term of up to ten years.
(ii) Require a modification to incorporate terms and conditions deemed necessary for the wetland protection, conservation, restoration, enhancement, creation, any combination thereof, and channel bank stabilization, or to reflect regulatory changes which have been specified by rule or regulation.
(b) The secretary may not revoke the consistency determination for any provision of a plan approved and adopted pursuant to the provisions herein unless notice is given to the sponsor assuring agency not less than one calendar year prior to the revocation. Upon such notice, the secretary shall consult with and respond in writing to the concerns of the local sponsor of the existing or proposed channel, the governing authority for the parish in the coastal zone through which the channel is constructed or maintained, representatives of the affected or potentially affected port or waterway facility operators, representatives of the affected waterway user groups, and appropriate state and federal agencies.
(c) At the end of the term of any plan, the provisions of this Subsection shall apply to any request for an extension or renewal. No plan shall be terminated pursuant to this Section if the secretary has taken no action to extend, modify, or revoke the grant of authority. The grant of authority shall remain until such action is taken.
(7) Until a long term management strategies plan is adopted for a particular proposed or existing channel, the secretary shall continue to act in accordance with the provisions of R.S. 49:214.27 and 214.32 and the rules, regulations, and guidelines adopted thereunder in determining whether channel construction, maintenance, and associated dredged material disposal is consistent with Louisiana's Coastal Management Program.
(8)(a) The secretary may grant variances for consistency determinations for any project, program, or structural channel bank stabilization measure for which no funds are available to construct or implement same from the funding sources identified in a plan approved and adopted in accordance with this Section. Such variances may be granted upon presentation of reasonable evidence that compliance with the provisions of a plan will result in significant economic losses to any lawful business, occupation, or activity without sufficient corresponding benefit or advantage to the people of the state.
(b) In determining under what conditions and to what extent a variance from a plan approved and adopted pursuant to the provisions of the Section is granted, the secretary shall give due consideration to progress which the person, entity, sponsor, assuring agency, or state or federal agency requesting the variance shall have made in complying with and implementing a plan, the efforts made by the person, entity, sponsor, assuring agency, or state or federal agency requesting the variance to acquire adequate funding from the funding sources identified in a particular plan, and the degree and nature of the adverse ecological impacts caused by the failure to implement the project, program, or structural channel bank stabilization measure for which the variance is requested.
(c) The secretary may grant such variance which shall be conditioned to require the inclusion of the particular project, program, or channel bank stabilization measure, for which the variance is granted in the subsequent dredging cycle for that particular channel, and upon the requirement to provide a level of compensatory mitigation in accordance with the provisions of R.S. 49:214.41 for the ecological impacts resulting from the failure to implement the project, program, or structural channel bank stabilization measure for which the variance is granted. Any variance granted pursuant to the provisions of this Section shall be granted for a period of time not to exceed two years, as shall be specified by the secretary. Any variance which may be granted shall be under the condition that the sponsor or assuring agency shall make such periodic reports to the secretary as to the progress made toward acquiring adequate funding. Upon failure of the secretary to take action within sixty days after receipt of a request for a variance, or upon failure of the secretary to enter a final order or determination within sixty days after final argument in any hearing under this Subpart, then for all purposes the person, entity, sponsor, assuring agency, or state or federal agency affected shall be entitled to treat such failure to act as a grant of the variance or of a finding favorable to the party requesting the variance.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1991, No. 637, §1; Acts 1992, No. 1075, §1; Acts 2006, No. 548, §1, eff. June 22, 2006.
A. This Section is intended to expedite and streamline the processing of issuing coastal use permits and of obtaining all other concurrently required permits or approvals from other governmental bodies having separate regulatory jurisdiction or authority over uses of the coastal zone without impinging on the regulatory jurisdiction or authority of such other governmental bodies.
B. To implement this intent, within one year of the effective date of this Subpart, the secretary, local governments, and all other relevant governmental bodies having regulatory jurisdiction or authority over uses of the coastal zone shall, in cooperation with one another and under the direction of the governor, establish a coordinated coastal permitting process by means of binding interagency agreements wherein:
(1) One application form serves as the application form for all required permits or approvals from all governmental bodies taking part in the coordinated coastal permitting process.
(2) The application contains sufficient information so that all necessary reviews by all affected governmental bodies can be expeditiously carried out.
(3) A "one window" system for applications is established, with copies of the application being transmitted to all governmental bodies taking part in the coordinated coastal permitting process.
(4) Only one public hearing, if any, need be held on the application. Any public hearing held shall be deemed to serve for all governmental bodies taking part in the coordinated coastal permitting process.
(5) The shortest practicable period for review of applications by all governmental bodies taking part in the coordinated coastal permitting process insofar as the application pertains to the regulatory jurisdiction or authority of such governmental body, is provided for.
(6) The coordinated coastal permitting process shall not affect the powers, duties, or functions of any governmental body, particularly the Department of Wildlife and Fisheries and the office of conservation in the Department of Conservation and Energy.
(7) If practicable, a joint permitting process with federal agencies issuing permits shall be established incorporating the coordinated coastal permitting process. Nor shall any other permit review or approval that, in the discretion of the secretary, would be inappropriate for inclusion in a unified permit.
C. Provided that local zoning, subdivision, building, health, and other similar permits, reviewing, or approvals which are not part of an approved local program shall not be included within the unified permitting program; nor shall any other permit review or approval which, in the discretion of the secretary, would be inappropriate for inclusion in a unified permit.
D. Prior to the implementation of the unified coastal permitting program, the secretary is authorized to develop interim interagency agreements with the respective governmental bodies to coordinate permit handling, decision making, and appeal procedures.
E. After such process is established as provided in this Section, the secretary shall administer and implement and may modify such process in accordance with the provisions of this Section.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
A. Whether or not the activity occurs within the geographical boundaries of the coastal zone, the following activities shall not require a coastal use permit:
(1) Activities occurring wholly on lands five feet or more above mean sea level except when the secretary finds, subject to appeal, that the particular activity would have direct and significant impact on coastal waters.
(2) Activities occurring within fast lands except when the secretary finds, subject to appeal, that the particular activity would have direct and significant impacts on coastal waters.
(3) Agricultural, forestry, and aquaculture activities on lands consistently used in the past for such activities; however, alternative oyster culture activities permitted pursuant to R.S. 56:431.2 shall be subject to coastal use permit requirements unless, after June 30, 2015, the secretary determines that these uses are exempt from coastal use permit requirements.
(4) Hunting, fishing, trapping, and the preservation of scenic, historic, and scientific areas and wildlife preserves.
(5) Normal maintenance or repair of existing structures, including but not limited to emergency repairs of damage caused by accident, fire, or the elements.
(6) Uses and activities within the special area established in R.S. 49:214.29(C) which have been permitted by the Offshore Terminal Authority in keeping with its environmental protection plan.
(7) Construction of a residence or camp.
(8) Construction and modification of navigational aids such as channel markers and anchor buoys.
(9) Construction, maintenance, repair, or normal use of any dwelling, apartment complex, hotel, motel, restaurant, service station, garage, repair shop, school, hospital, church, office building, store, amusement park, sign, driveway, sidewalk, parking lot, fence, or utility pole or line, when these activities occur wholly on lands five feet or more above mean sea level or on fast lands except when the secretary finds, subject to appeal, that the particular activity would have direct and significant impacts on coastal waters.
(10) Uses which do not have a significant impact on coastal waters.
B. The secretary shall maintain a map or collection of maps accurately depicting the areas within the coastal zone that have been determined by the secretary to be a fastland or above the five foot contour. This map shall be readily accessible to the public for inspection and self-service comparison to proposed project footprints to aid in an applicant's own determination whether the applicant's activity is subject to the exemption provided in this Section, thus obviating the need to submit an application for a coastal use permit.
C.(1) The secretary shall adopt rules for the implementation of this Section and may, by such rules, specify such other activities not requiring a coastal use permit as are consistent with the purposes of this Subpart.
(2) Nothing in this Section shall be construed as otherwise abrogating the lawful authority of agencies and local governments to adopt zoning laws, ordinances, or rules and regulations for those activities within the coastal zone not requiring a coastal use permit and to issue licenses and permits pursuant thereto. Individual specific uses legally commenced or established prior to the effective date of the coastal use permit program shall not require a coastal use permit.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1984, No. 408, §1, eff. July 6, 1984; Acts 2012, No. 293, §2, eff. May 25, 2012; Acts 2012, No. 588, §1, eff. June 7, 2012.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
A. This Section shall govern the reconsideration and/or judicial review of actions of the secretary under this Subpart, including coastal use permit and local program approval decisions and determinations of state or local concern under R.S. 49:214.30(C)(1) and determinations of direct and significant impact under R.S. 49:214.34.
B. A decision or determination shall be subject to reconsideration by the secretary if a petition for reconsideration is filed in writing with the secretary within ten days following public notice of a final coastal use permit or local program approval decision, or receipt of written notice of a determination made under R.S. 49:214.30(C)(1) or R.S. 49:214.34. The grounds for reconsideration shall be either that:
(1) The decision or determination is clearly contrary to the law or the evidence before the secretary;
(2) The petitioner has discovered, since the decision or determination, evidence important to the issues which he could not, with due diligence, have presented to the secretary prior to the decision;
(3) There is a showing that issues not previously considered, through no fault of the petitioner, ought to be examined in order to properly dispose of the matter; or
(4) There exist other good grounds for further consideration of the issues and the evidence in the public interest.
C. The petition for reconsideration shall set forth the grounds which justify such action. Nothing in this Section shall prevent the reopening or reconsideration of a decision or determination in accordance with other applicable statutory provisions or at any time on the grounds of fraud, perjured testimony, or fictitious evidence. The reconsideration shall be limited to those grounds upon which it was granted, and the secretary may adopt regulations for the orderly consideration and disposition of reconsideration petitions. The secretary shall render a decision upon the reconsideration petition within fifteen days of its receipt. If a petition for reconsideration is timely filed, the period within which judicial review must be sought shall run from the final disposition of such petition. The secretary, in the interest of justice, may grant a stay of a decision on a coastal use permit or approval of a local program until the final disposition of a petition for reconsideration.
D. Any person authorized by this Subpart to appeal a coastal use permit decision or any local government aggrieved by a final decision on approval of a local program may seek judicial review of that decision whether or not a petition for reconsideration has been filed under this Section. A preliminary, procedural, or intermediate action by the secretary or a determination of local or state concern under R.S. 49:214.30(C)(1) or of direct and significant impact under R.S. 49:214.34 is immediately reviewable if review of the secretary's final permit decision or action would not provide an adequate remedy or would inflict irreparable injury.
E. Proceedings for review may be instituted by filing a petition in the district court of the parish in which the proposed use is to be situated within thirty days after mailing of notice of the final decision by the secretary or, if a reconsideration is requested, within thirty days after the decision thereon.
F. Judicial review shall otherwise be pursuant to the Louisiana Administrative Procedure Act, provided that all such cases shall be tried with preference and priority. Trial de novo shall be held upon request of any party.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Amended by Acts 1982, No. 813, §1; Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1983, No. 591, §1, eff. July 14, 1983; Acts 1984, No. 408, §1, eff. July 6, 1984.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
A. The secretary and each local government with an approved program shall initiate a field surveillance program to ensure the proper enforcement of the management program. The secretary may enter into interagency agreements with appropriate agencies to assist in the surveillance, monitoring, and enforcement activities pursuant to this Subpart.
B. The secretary, and each local government with an approved program as to uses under its jurisdiction, shall have the authority to issue cease and desist orders against any person found to be in violation of this Subpart or the rules and regulations issued hereunder.
C. The secretary, and each local government with an approved program as to coastal use permits issued by it, shall have the authority to suspend, revoke, or modify coastal use permits if the user is found to have violated any of the conditions of the coastal use permit.
D. The secretary, the attorney general, an appropriate district attorney, or a local government with an approved program may bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the coastal zone for which a coastal use permit has not been issued when required or which are not in accordance with the terms and conditions of a coastal use permit.
E. A court may impose civil liability and assess damages; order, where feasible and practical, the payment of the restoration costs; require, where feasible and practical, actual restoration of areas disturbed; or otherwise impose reasonable and proper sanctions for uses conducted within the coastal zone without a coastal use permit where a coastal use permit is required or which are not in accordance with the terms and conditions of a coastal use permit. The court in its discretion may award costs and reasonable attorney's fees to the prevailing party.
F. Any person found to have knowingly and intentionally violated the provisions of this Subpart, any of the rules and regulations issued hereunder, or the terms or conditions of any coastal use permit shall be subject to a fine of not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than ninety days, or both. This penalty shall be in addition to any other costs or penalties assessed pursuant to this Section.
G. Any action pursuant to this Section, whether criminal or civil, must be brought in any parish in which the use or activity is situated. If the use or activity is situated in one or more parishes, then any action may be brought in either of the parishes in which the use or activity is situated.
H. In addition to the other enforcement actions authorized by this Section, whenever the secretary determines a violation of any provision of this Subpart, or any rules and regulations issued hereunder or the terms or conditions of any coastal use permit has occurred, the secretary may assess costs and penalties pursuant to Subsection I.
I. In addition to the other enforcement actions authorized by the provisions of this Section, the secretary may do any or all of the following:
(1) Assess the violator all or a portion of the costs of abatement or mitigation of damages to the coastal zone in accordance with R.S. 49:214.41.
(2) Assess the violator an administrative penalty in accordance with the following administrative penalty system:
(a) The amount of administrative penalty per violation shall be determined by a formula of $B(V + P + C + I) = Penalty, where B is base assessment, V is habitat value, P is prior knowledge value, C is cooperation value, and I is impact damage value. No penalty shall be less than fifty dollars and the maximum penalty for violations shall be twelve thousand dollars.
(b) Base assessment (B) is the amount of a permit application fee and processing fee if a permit had been applied for under this Subpart or fifty dollars where no fee would have been charged.
(c) The ecological value (V) shall be assessed as follows:
(i) A value of one-half shall be applied to areas the secretary determines to be of minor value, such as streams, rivers, canals, developed cheniers, bayous, trenasses, or lakes with insignificant public resource value or wetlands of low resource value as a result of historical disturbances or physical alterations that were not violations existing prior to the violation under consideration.
(ii) A value of one shall be applied to areas the secretary determines to be of average value such as sections of streams, rivers, cheniers, canals, bayous, or trenasses of marginal value for rearing or spawning habitat for fish and wildlife populations, marginal wetlands or beaches of marginal wildlife habitat value.
(iii) A value of one and one-half shall be applied to areas the secretary determines to be of major value, such as a significant fish and wildlife spawning area, eagle nesting areas, significant waterfowl rearing habitat, tidal salt, saline, brackish, or intermediate marshes, cheniers, tidal mudflats, freshwater wetlands with high diversity and high public resources value, beaches of significant wildlife habitat value and state scenic rivers and waterways designated under R.S. 56:1840 et seq. or administrative rules adopted thereunder.
(d) The prior knowledge value (P) shall be determined by the secretary as follows:
(i) A value of one-half shall be applied where the secretary determines the person was unaware of this Subpart, as demonstrated by the fact that the person had neither applied for any coastal use permit in the past, nor received correspondence from the Coastal Management Division concerning the commission of a possible violation.
(ii) A value of one shall be applied where the secretary determines the person had previously applied for a coastal use permit or received correspondence from the Coastal Management Division concerning the commission of a possible violation.
(iii) A value of one and one-half shall be applied where the person had previously violated this Subpart.
(e) The cooperation value (C) shall be determined as follows:
(i) A value of one-half shall be applied where the person restores resource damage as requested by the secretary without the need for an enforcement order or court action by the secretary.
(ii) A value of one and one-half shall be applied where the person is not cooperative in restoring resource damage as requested by the secretary and the secretary must issue an enforcement order or obtain a court order to restore the resource.
(f) The impact damage value (I) shall be determined by the secretary as a measure of the extent or size of the ecologically impacted area as follows:
(i) Where the secretary determines the adversely affected area of the violation would naturally restore within one year, and the impact area is less than one acre in size or an impacted waterway, shoreline, or waterfront property is less than one hundred linear feet, a value of one-half shall be applied.
(ii) Where the secretary determines the adversely affected area of the violation would naturally restore within two years, and the impact area is less than one acre in size or the impacted waterway, shoreline, or waterfront property is less than one hundred linear feet, a value of one shall be applied.
(iii) Where the secretary determines that the adversely affected area would exceed the restoration time or the impacted area criteria required in Item (i) or (ii) of this Subparagraph, a value of one and one-half shall be applied.
J. The monies collected by the state under the provisions of this Section shall be deposited as follows:
(1) The monies collected by the secretary for violations relating to use of state concern shall be used for the following purposes only in the proportions stated:
(a) After deducting the costs to reimburse the Department of Conservation and Energy for the expenses incurred enforcing the provisions of this Subpart, seventy-five percent of the monies collected shall be placed in the Coastal Protection and Restoration Fund established in Article VII, Section 10.2 of the Constitution of Louisiana and used for projects that are consistent with Paragraph (O)(2) of this Section.
(b) Twenty-five percent of the monies collected shall be placed in local government mitigation banks established in accordance with R.S. 49:214.41 and the rules and regulations adopted thereunder. If there is no local government mitigation bank for the area in which the adverse impact is located, the monies shall be deposited into a restricted fund administered by the parish governing authority of the parish or parishes in which the adverse impact related to the use is located. These funds shall be used only for projects consistent with Paragraph (O)(2) of this Section within or for the benefit of areas within the geographic borders of that parish.
(2) The monies collected by the secretary for violations relating to a use of local concern shall be placed in local government mitigation banks established in accordance with R.S. 49:214.41 and the rules and regulations adopted thereunder. Each local government's mitigation bank shall be credited one hundred percent of the monies collected for violations relating to a use of local concern occurring within its geographic borders, except that for violations occurring within the geographic borders of two or more local governments, the monies shall be divided on a pro rata basis and deposited accordingly in the local government's mitigation banks. In the event there is no local government mitigation bank in the parish in which the adverse impact is located, the monies shall be deposited into a restricted fund administered by the parish governing authority of the parish or parishes where the adverse impact related to the use is located and shall be used only for mitigation projects within the geographic borders of that local government that are consistent with Paragraph (O)(2) of this Section.
K. In determining whether to assess, pursuant to Subsection I of this Section, costs or penalties, and the amounts of such assessments, the secretary shall consider the following factors:
(1) The monetary benefits realized by the violator due to the noncompliance.
(2) The history of previous violations or repeated noncompliance for the last five years.
(3) The nature and gravity of the violation, including the adverse impact on the coastal zone.
(4) The degree of culpability, recalcitrance, defiance, or indifference of the violator to the laws, regulations, or orders of the secretary or regulations of the local government.
(5) The cost to the department or state of bringing and prosecuting an enforcement action against the violator.
(6) Whether the person charged has failed to mitigate or to make a reasonable attempt to mitigate the damages caused by his noncompliance or violation.
L. No penalties or costs shall be assessed without the person charged being given notice and an opportunity for an adjudicatory hearing, pursuant to the Administrative Procedure Act. The secretary shall appoint an independent hearings officer. The person charged may waive the adjudicatory hearing upon payment of the amount demanded by the secretary, and will be liable for all costs associated with the adjudicatory hearing.
M. Nothing in this Section, shall prohibit any local political subdivision, without a local coastal use permit program approved as provided for in R.S. 49:214.30 from enforcing any ordinance or regulation relating to wetlands protection or restoration.
N.(1) In addition to the other enforcement actions authorized by the provisions of this Section, for each incident resulting in an administrative penalty being assessed, the secretary shall issue an after-the-fact coastal use permit or permit modification specifying terms and conditions that must be adhered to for the unauthorized activity to remain in place. In determining the terms and conditions to be placed on the after-the-fact permit, the secretary shall consider the following factors:
(a) The degree to which the activity complies, or fails to comply, with the coastal use guidelines.
(b) The need for compensatory mitigation to be carried out when the activity altered wetlands of the coastal zone.
(c) The need for partial restoration of the site if the coastal use could be carried out with lesser impact to coastal waters or wetlands.
(d) The need for restoration of the site upon abandonment or completion of the coastal use.
(2) Prior to issuing a final after-the-fact permit, the secretary shall provide to the person conducting the activity and to the owner of the property on which the activity occurred, a draft after-the-fact coastal use permit. The secretary shall also cause the draft after-the-fact coastal use permit to be published one time in the official state journal and allow the public time to offer comments on the proposed after-the-fact coastal use permit to the secretary. All comments must be received by the secretary within fifteen calendar days following the date of publication in the state journal. The secretary shall fully consider all comments received and issue a final after-the-fact coastal use permit five days following the end of the public comment period.
O.(1) Except as provided in this Subpart, no state or local governmental entity shall have, nor may pursue, any right or cause of action arising from any activity subject to permitting under R.S. 49:214.21 et seq., 33 U.S.C. 1344 or 33 U.S.C. 408 in the coastal area as defined by R.S. 49:214.2, or arising from or related to any use as defined by R.S. 49:214.23, regardless of the date such use or activity occurred.
(2) Any monies received by any state or local governmental entity arising from or related to a state or federal permit issued pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344, or 33 U.S.C. 408, a violation thereof, or enforcement thereof, or for damages or other relief arising from or related to any of the foregoing, or for damages or other relief arising from or related to any use as defined by R.S. 49:214.23, shall be used for integrated coastal protection, including coastal restoration, hurricane protection, and improving the resiliency of the coastal area.
(3) Nothing in this Section shall constitute a waiver of sovereign immunity under the Eleventh Amendment of the Constitution of the United States of America.
(4) Nothing in this Section shall prevent or preclude any person or any state or local governmental entity from enforcing contractual rights or from pursuing any administrative remedy otherwise authorized by law arising from or related to a state or federal permit issued in the coastal area pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344 or 33 U.S.C. 408.
(5) Nothing in this Section shall alter the rights of any governmental entity, except a local or regional flood protection authority, for claims related to sixteenth section school lands or claims for damage to property owned or leased by such governmental entity.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1993, No. 194, §1; Acts 2014, No. 544, §1, eff. June 6, 2014; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2022, No. 282, §1; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
Any rule, regulation, or guideline shall be proposed or adopted pursuant to the rulemaking procedures set forth in the Administrative Procedure Act and shall be subject to approval by the House Committee on Natural Resources and Environment and Senate Committee on Natural Resources. Such approval shall be presumed unless either committee submits objections in writing within fifteen days after receipt of the proposed rule, regulation, or guideline, provided that such written objections shall be subject to override by the governor within five days after receipt of the objections by the governor.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 2008, No. 580, §6.
NOTE: See Acts 1989, 2nd Ex. Sess., No. 6, §7.
A. Nothing in this Subpart shall be construed as affecting the status of the title of the state or other governmental body to real rights in lands or water bottoms.
B. Except as may be otherwise authorized by law, the involuntary acquisition, directly or indirectly, of privately owned property is not necessary to achieve the intents and purposes of this Subpart, and no rule, regulation, ordinance, order, or standard, the purpose or application of which is to effect an involuntary acquisition or taking of such property, shall be adopted, enacted, or implemented pursuant to the provisions of this Subpart.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 2004, No. 633, §1, eff. July 5, 2004.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
This Subpart shall become effective on January 1, 1979, except that the coastal use permit program established pursuant to R.S. 49:214.30 shall not commence until thirty days after the adoption of guidelines pursuant to R.S. 49:214.27.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
A.(1) Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all funds collected by the Louisiana coastal resources program from processing and evaluation of coastal use permit applications and consistency determinations, from any federal outercontinental shelf revenue sharing program, and from any other sources, shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund.
(2) Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into a special statutorily dedicated fund account, which is hereby created in the state treasury and designated as the Coastal Resources Trust Dedicated Fund Account, hereafter referred to in this Section as the "trust account", an amount equal to the total amount of funds paid into the treasury by the Louisiana coastal resources program.
(3) The monies in the trust account shall be invested by the state treasurer in the same manner as monies in the state general fund. The monies in the trust account shall be used solely for the programs and purposes and in the amounts appropriated each year to the Louisiana coastal resources program by the legislature. Monies deposited into the trust account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
B. The Louisiana coastal resources program shall keep a set of books showing from whom every dollar is received and for what purpose and to whom every dollar is paid and for what purpose. It also shall keep in its file vouchers or receipts for all moneys paid out.
C. Any surplus funds remaining to the credit of the trust account on July 1 of each year commencing with the Fiscal Year 1983-1984, after all appropriations of the preceding fiscal year have been paid, and all interest earned on money from the trust account shall remain to the credit of the trust account for expenditure from year to year solely by the Louisiana coastal resources program or any uses as provided for in the federal outercontinental shelf revenue sharing legislation in accordance with appropriation made by the legislature for the purposes and functions of said program, and no part thereof shall revert to the state general fund. This provision shall not be construed to prohibit the appropriation of funds out of the state general fund to the commission.
Added by Acts 1983, No. 512, §1; Acts 1992, No. 1075, §1; Acts 2021, No. 114, §15, eff. July 1, 2022.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
{{NOTE: PRIOR R.S. 49:213.21 WAS REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989. THIS REPEALED SECTION WAS ERRONEOUSLY REDESIGNATED BY ACTS 1989, 2D EX. SESS., NO. 6, §7 AS R.S. 49:214.40. THE SOURCE OF THIS SECTION IS PRIOR R.S. 49:213.22.}}
A. As used in this Section, the following terms shall have the meaning ascribed to them below:
(1) "Compensatory mitigation" means replacement, substitution, enhancement, or protection of ecological values to offset anticipated losses of those values caused by a permitted activity. Compensatory mitigation may also include construction or implementation of an integrated coastal protection project consistent with the state's master plan for coastal protection and restoration within the same watershed as the permitted activity.
(2) "Ecological value" means the ability of an area to support vegetation and fish and wildlife populations.
(3) "Mitigation" means all actions taken by a permittee to avoid, minimize, restore, and compensate for ecological values lost due to a permitted activity.
(4) "Overriding public interest" means that the public interest benefits of a given activity clearly outweigh the public interest benefits of compensating for wetland values lost as a result of the activity, as in the case of certain mineral extraction, production and transportation activities or construction of flood protection facilities critical for protection of existing infrastructure.
(5) "Permit" means a coastal use permit.
(6) "Permitted activity" means any activity authorized by a coastal use permit or any activity for which the secretary may require a consistency determination pursuant to R.S. 49:214.32.
(7) "Wetlands" means the same as defined in R.S. 49:214.2.
B. The secretary shall adopt regulations to require mitigation. The regulations adopted pursuant to the authority of this Section shall require consideration of all relevant factors in determining the extent of mitigation, including societal and economic value of the proposed activity, ecological values impacted by the proposed activity, and availability of methods for avoiding or minimizing the impacts associated with the proposed activity and for restoring the site impacted by the proposed activity. The regulations adopted pursuant to this Subsection shall require that the secretary consult with the Coastal Protection and Restoration Authority in the determination of the ecological values impacted by an activity proposed in the coastal area that is contained in the state's master plan for integrated coastal restoration and the methods for avoiding or minimizing adverse impacts associated with the proposed coastal master plan activity.
C. Compensatory mitigation, including construction or implementation of an integrated coastal protection project consistent with the state's master plan for coastal protection and restoration within the same watershed as the permitted activity, at a level sufficient to replace or to substitute for the ecological value of the wetlands lost as a result of each permitted activity, shall be required, unless the permittee has satisfactorily demonstrated to the secretary that the required mitigation would render impracticable an activity proposed to be permitted and that such activity has a clearly overriding public interest. In such an instance, provided that the secretary has decided to issue the permit, the secretary shall grant a variance to this compensatory mitigation requirement after giving due public notice. The secretary shall also provide a statement of finding as to the reasons for granting such variance.
D. The secretary shall adopt regulations for evaluating ecological values and for establishing and administering a mitigation credit banking system for compensating the loss of those values, as provided for by this Section. The regulations shall, at a minimum, provide for:
(1) Criteria under which mitigation credits may be earned.
(2) Geographical limitations for the application of mitigation bank credits.
(3) Criteria for the use, banking, or sale of banked credits.
(4) The approval by the secretary for the earning, using, banking, or selling of mitigation bank credits.
(5) Requirements for the maintenance and submission by the secretary of records concerning ecological value losses, and credit and debit accounts for each mitigation bank.
E. The owner of the land on which a permitted activity is to occur shall have the option of requiring on-site or off-site compensatory mitigation on his property located in any jurisdictional area of the coastal zone or any area included in the Louisiana Coastal Wetlands Conservation Plan, notwithstanding any geographical limitation otherwise required by the regulations adopted by the secretary, provided that the secretary determines that the proposed mitigation is acceptable and sufficient.
F. The secretary may adopt regulations establishing procedures for defining and delineating proposed "special significance areas" which may include areas of particular ecological uniqueness or vulnerability, or areas which have special ecological values or productivity. The procedures established by the secretary shall provide as follows:
(1) Upon determining that the unique or special resources in such area are susceptible to loss as a result of future activities in such area, the secretary may, in accordance with the provisions of R.S. 49:961(A), designate a special significance area, which area shall in no event exceed two thousand acres. The designation of the area as one of special significance shall expire on the first day of July of the year following the designation and the area, or any part thereof, shall not be subject to redesignation as such except by the legislature as set forth below.
(2) The secretary may propose to the legislature and thereafter the legislature may, by concurrent resolution, delineate special significance areas upon finding that an area is of particular ecological uniqueness or vulnerability or has special ecological values or productivity, which areas shall in no event exceed two thousand acres each.
(3) Upon designation of a special significance area, the regulations adopted by the secretary shall require that a permittee, in order to receive a permit to conduct an activity having a direct and significant adverse impact on unique or special resources of such area, must demonstrate that the public interest benefits of the proposed activity clearly outweigh the public interest benefits of preserving the unique or special ecological values of the area and must, at a minimum, provide full compensatory mitigation for ecological value losses associated with the permitted activity.
G. Notwithstanding any other provision of this Section to the contrary, in no event shall any regulation adopted by the secretary require compensatory mitigation for any use or activity which the secretary determines is primarily designed, over the life of the project, to provide a net gain in ecological values by replacing, substituting, enhancing, or protecting wetlands, including privately funded marsh management projects or plans.
Acts 1990, No. 1040, §1; Acts 2004, No. 459, §1, eff. June 24, 2004; Acts 2006, No. 548, §1, eff. June 22, 2006; Acts 2018, No. 47, §1; Acts 2018, No. 286, §1.
A. Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all funds received which are to be used for "compensatory mitigation" which is defined as the replacement, substitution, enhancement, or protection of ecological values to offset anticipated losses of ecological values caused by a permitted activity shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund.
B. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into a special account, which is hereby created in the state treasury and designated as the Coastal Mitigation Account in the Wetlands Conservation and Restoration Fund, an amount equal to the total amount of funds paid into the treasury in lieu of compensatory mitigation. The monies in the account shall be invested by the state treasurer in the same manner as monies in the state general fund.
C.(1) The monies in the Coastal Mitigation Account may be used to develop and implement projects in which permittees may pool funds, resources, and activities sufficient for the compensatory mitigation required of each participating permittee.
(2) The secretary may, when appropriate, use the monies in the Coastal Mitigation Account to fund, in whole or in part, wetland restoration projects developed or implemented by the department of a parish with an approved local coastal program.
D. The department may accept payment to the Coastal Mitigation Account in lieu of compensatory mitigation only when a permittee is unable to provide mitigation through an appropriate individual project or through an appropriate mitigation bank or area located within the Louisiana Coastal Zone or Louisiana Coastal Wetlands Conservation Plan area. The determination of appropriate individual mitigation projects and mitigation banks or areas shall be made in accordance with regulations promulgated by the department pursuant to R.S. 49:214.41. The secretary shall ensure that any fees collected in lieu of compensatory mitigation are adequate to fully offset the cost of restoring the habitat value lost.
E. An amount equal to funds collected by the department from the payments made in lieu of compensatory mitigation shall be paid into the Coastal Mitigation Account. The department may further accept funds from public or private sources as authorized by law, including grants and donations, to carry out the provisions of this Section. An amount equal to all funds accepted under this provision of this Section shall be paid into the Coastal Mitigation Account.
F. The Office of Coastal Restoration and Management shall keep a set of books showing from whom every dollar is received and for what purpose, and to whom every dollar is paid and for what purpose.
G. Any surplus funds in the Coastal Mitigation Account on July first of each year shall remain to the credit of the account and no part thereof shall revert to the state general fund.
Acts 1999, No. 962, §1; Acts 2004, No. 277, §1.
Repealed by Acts 2006, No. 548, §2, Oct 31, 2006.
A. When the Coastal Protection and Restoration Authority cannot amicably acquire property in the coastal zone needed for barrier island preservation, restoration, or creation for coastal wetlands purposes, it may acquire the same by expropriation and may acquire the property prior to judgment in the trial court as provided in this Part.
B. At least thirty days prior to filing a petition for expropriation, the department must notify the owner or owners by certified mail, return receipt requested, of its intention to expropriate the property pursuant to this Part. The letter of notification must also inform the owner that if, within thirty days after being served with the notice of suit, he does not object in writing to the taking on the ground that it is not within the coastal zone or necessary for barrier island preservation, restoration, or creation for coastal wetlands purposes, he will waive all defenses to the taking except claims for recognition of the ownership of subsurface mineral rights. A copy of this Part must be enclosed with the letter of notification.
C. Except as otherwise provided in this Part, such expropriation by the department shall be conducted in the manner that the Department of Transportation and Development may expropriate property for highway purposes, as set forth in R.S. 48:441 through 460.
D. As used in this Part:
(1) "Coastal zone" means the coastal zone boundary as defined in R.S. 49:214.24.
(2) "Department" means the Coastal Protection and Restoration Authority or its successor.
(3) "Property" means the servitude of use, easement or right-of-way over, through, along and across immovable property necessary to establish, maintain or operate a project for barrier island preservation, restoration, or creation for coastal wetlands purposes, including rights of ingress and egress to public or private areas on which such projects are being established, maintained or operated. The term "property" shall not include, and the department shall not be entitled to acquire pursuant to the provisions of this Part, ownership of the surface or subsurface of any immovable property, including, without limitation, mineral rights.
E. The provisions of this Part shall supersede and control to the extent of conflict with any other provision of law.
Acts 2004, No. 633, §1, eff. July 5, 2004; Acts 2010, No. 734, §6; Acts 2012, No. 604, §3, eff. June 7, 2012.
A. The filing of a petition by the department pursuant to the provisions of this Part shall constitute the agreement of the secretary, pursuant to the provisions of R.S. 41:1702(D)(2) et seq., to establish in the owner of the property the perpetual, transferable ownership of all subsurface mineral rights to the then-existing coast or shoreline of the property and the secretary's further agreement to transfer to the owner of the property subsurface mineral rights owned by the state relating to the emergent lands, as defined by R.S. 41:1702(D)(2)(e), resulting from the project for which the property is acquired, all in accordance with the provisions of this Section.
B. Upon the filing of a petition of expropriation pursuant to the provisions of this Part, the perpetual, transferable ownership of all subsurface mineral rights to the then-existing coast or shoreline of the property together with all rights of use of such property, subject to applicable federal, state or local law and regulation, for the purpose of locating, accessing, extracting, and transporting subsurface minerals shall be established and any judgment vesting the ownership of the property in the state shall further identify the existing coast or shoreline of the property and establish in the owner thereof the perpetual, transferable ownership of all subsurface mineral rights therein. The mineral rights established in the owner of the property shall not thereafter be subject to the prescription of nonuse nor shall the ownership of the subsurface mineral rights be disturbed by future changes in the coast or shoreline of the property, whether such changes are affected by natural or artificial causes.
C. Upon the filing of a petition of expropriation pursuant to the provisions of this Part, there shall also be established in favor of the owner of the property the ownership of an undivided fifty percent of the subsurface mineral rights in and to emergent lands lying within the project area, as reasonably determined and depicted by the department on plats attached to its petition of expropriation, together with rights to use such emergent lands for the purpose of locating, accessing, extracting and transporting subsurface minerals. For the purposes of this Section, "emergent lands" shall not include lands emerging after the department determination of the project as substantially complete. Any judgment entered herein vesting the ownership of the property in the state shall further identify the project area. The mineral rights established in the owner of the property to emergent lands shall not thereafter be subject to the prescription of nonuse.
D. Upon the filing of a petition of expropriation pursuant to the provisions of this Part, the perpetual, transferable ownership of all subsurface mineral rights as to the then-existing coast or shoreline of the property, shall be deemed just and adequate compensation for the taking of the property and no further compensation or damages shall be owed by the state.
E. The ownership of subsurface mineral rights as set forth in this Section shall be subject to the provisions of R.S. 41:1702(E) and R.S. 9:1151.
F. In the event subsequent erosion should cause any emergent lands to become part of the seabed, ownership of all mineral rights and mineral production therefrom shall be vested in the state.
Acts 2004, No. 633, §1, eff. July 5, 2004.
The right of expropriation granted by this Part shall be exercised in the following manner:
(1) A petition shall be filed by the department in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides, but if the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. The court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property interest necessary to be acquired therefor with a plan of the same, a description of the improvements thereon, if any, and the name of the owner if known.
(3) The petition shall have annexed to it the following:
(a) A certified copy of a certificate of authorization to expropriate executed by the secretary of the department, declaring that the taking is necessary or useful for the purposes of this Part.
(b) A certificate executed by the secretary of the department or his designee declaring that the property interest has been fixed sufficiently in his judgment to provide for the public interest, and that the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of coastal conservation, restoration and management.
(c) A statement that the establishment of the perpetual, transferable ownership of subsurface mineral rights as provided in R.S. 49:214.62 constitutes just and adequate compensation to the full extent of the owner's loss for the taking or the damage, or both.
(d) A copy of the return receipt from the department's letter of notification of intention to expropriate the property.
(e) A survey plat depicting the then-existing coast or shoreline of the property and the project area which the department reasonably believes to be the area impacted by the project for which the property is acquired.
(4) The petition shall contain a statement that it constitutes the secretary's agreement to establish in favor of the owner of the property the perpetual, transferrable ownership of all subsurface mineral rights to the then-existing coast or shoreline of the property, and to establish in such owner the ownership of fifty percent of the subsurface mineral rights in and to emergent lands within the project area, and certifying that the secretary, in accordance with the provisions of R.S. 41:1702(D)(2)(d) has submitted the petition for review and approval of the House and the Senate committees on natural resources, after publishing the petition as provided in the Administrative Procedure Act prior to filing.
Acts 2004, No. 633, §1, eff. July 5, 2004.
The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order declaring that the property described in the petition has been taken for public purposes.
Acts 2004, No. 633, §1, eff. July 5, 2004.
Title to the property interest specified in the petition shall vest in the state and ownership of the subsurface mineral rights shall vest in the owner of the property upon final court order declaring that the property has been taken for the purposes of this Part and that just and adequate compensation as provided in R.S. 49:214.62 has been made. Upon vesting of title, all parties may exercise the rights of ownership and use delineated and conveyed by the final court order.
Acts 2004, No. 633, §1, eff. July 5, 2004.
A. The clerk of court shall issue a notice to each defendant in the suit notifying him that the property described in the petition has been expropriated for barrier island preservation, restoration, or creation for coastal wetlands purposes.
B. This notice, together with a certified copy of the order and the petition, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Acts 2004, No. 633, §1, eff. July 5, 2004.
A. Any defendant desiring to contest the validity of the taking on the ground that the property was not located within the coastal zone or was not expropriated for barrier island preservation, restoration, or creation for coastal wetlands purposes may file a motion to dismiss the suit within thirty days from the date the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or his attorney of record in the suit. This motion shall be tried contradictorily with the plaintiff to the judge alone and shall be given preference in scheduling and hearing. Ruling on the motion shall be rendered expeditiously.
B. Failure to file the motion within the time provided or to serve a copy thereof on the plaintiff constitutes a waiver of all defenses to the suit except claims for recognition of the ownership of subsurface mineral rights as provided for in this Part.
Acts 2004, No. 633, §1, eff. July 5, 2004.
When property is expropriated pursuant to this Part, any defendant may apply for a trial to determine the ownership of subsurface mineral rights to which he is entitled, if:
(1) He files an answer within one year from the date he is notified in writing by the department that it has finally accepted the project for which the property was expropriated. However, he may file his answer prior to the date he is notified by the department.
(2) His answer reasonably describes the areas to which he asserts ownership of the subsurface mineral rights.
(3) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
Acts 2004, No. 633, §1, eff. July 5, 2004.
In any expropriation suit brought by the department pursuant to the authority set forth in this Part, no appellate proceedings or review shall operate to prevent or delay the vesting of title in the plaintiff.
Acts 2004, No. 633, §1, eff. July 5, 2004.
The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, eliminating, or modifying any such right or authority.
Acts 2004, No. 633, §1, eff. July 5, 2004.
A. The authority of the governor to see that the laws are faithfully executed by issuing executive orders is recognized.
B. Each executive order issued by the governor shall be published in the Louisiana Register as required by the provisions of R.S. 49:953.
C. Each executive order issued by the governor shall terminate and shall be void and of no effect on such date as shall be provided in the executive order or a subsequent executive order. If no such termination date is provided by executive order, the order shall terminate sixty days following adjournment sine die of the regular session of the legislature after the issuing governor leaves office.
D. The governor may establish executive branch agencies by executive order. Any agency so created shall terminate on such date as is provided in the executive order or by subsequent executive order, which termination date shall be within one year of the date of issuance of the order, or, if no such date is stated, one year from the date of issuance of the order, unless the agency is, within such period, statutorily created or terminated by the legislature.
E. Whenever an executive order issued by the governor provides for an appointment to public office, whether to a board, commission, committee, executive or other office and whether to fill an initial or succeeding full term of office or the unexpired portion of a term of office, the governor shall submit the appointment to the Senate for confirmation. After initial confirmation by the Senate, reconfirmation shall not be required for appointments by the governor to any board or commission which is established by the Constitution of Louisiana.
Added by Acts 1982, No. 687, §1, eff. Aug. 2, 1982. H.C.R. No. 4, 1984 1st Ex. Sess.; Acts 1984, No. 778, §1; Acts 2003, No. 774, §13.
NOTE: SEE ACTS 1984, NO. 778, §2.
A. This Section shall be known and may be cited as the "Interstate Compact for Border Security Act".
B. The purpose of this compact is to deter unlawful entry and unlawful reentry into this state by an alien, as defined by R.S. 14:112.11, and to join with other states in mutual assistance in order for border states to control the influx with respect to illegal immigration that consequentially threatens the safety and security of Louisiana citizens.
C. The legislature finds all of the following:
(1) In 2024, an executive order was issued by Governor Jeff Landry, JML 24-05, entitled "Identifying, Qualifying, and Mitigating the Adverse Effects of Illegal Immigration on Louisiana" and provided findings, as follows:
(a) "[I]llegal entry and reentry to the United States, as well as the encouragement and inducement of illegal entry and transportation of illegal aliens within the United States, are criminal offenses under federal law, and those who aid and abet these offenses also commit a criminal act".
(b) "[T]he United States Supreme Court has recognized States 'bear[] many of the consequences of unlawful immigration.' Arizona v. United States, 567 U.S. 387, 397 (2012)".
(c) As a result of the federal government's "non-enforcement policies, large numbers of aliens who commit subsequent crimes are [being] released into communities across the United States," including Louisiana, "rather than being detained or removed, allowing these criminal aliens to commit additional crimes and increase the number of victims".
(d) "[S]tates are financially burdened by the cost of incarcerating illegal aliens in their prison systems. Although the U.S. Department of Justice provides limited funding to the states to offset some of these costs...reimbursements are usually less than one percent of the total cost of incarcerating aliens, leaving the states", including Louisiana, "to pay the balance".
(e) "Article I, Section 1 of the Louisiana Constitution declares that government is instituted by the people 'to protect the rights of the individual and for the good of the whole. Its only legitimate ends are to secure justice for all, preserve peace, protect the rights, and promote the happiness and general welfare of the people'".
(2) In his executive order, the governor directed that the head of every executive branch agency, department, office, commission, board, or entity of the state of Louisiana shall review the expenditures of public funds directly or indirectly to, or for the benefit of, illegal aliens.
(3) In the 2024 Second Extraordinary Session of the Louisiana Legislature, the legislature appropriated funds and the governor issued an executive order to deploy the Louisiana National Guard to assist the state of Texas in securing the southern border of the United States of America to curb the invasion by illegal immigrants at the international border in South Texas.
(4) The economic and human costs borne by the taxpayers and citizens of Louisiana include all of the following:
(a) Increased violent crimes are being committed against Louisiana citizens by illegal immigrants. Each murder committed by an illegal alien is one hundred percent preventable if that illegal alien had been barred from entering the state by the federal government, which has been derelict in its duty to enforce immigration laws.
(b) Schools and school teachers have been overburdened by the unfunded mandates forced on Louisiana schools by the federal government. The letter grades for certain school districts have been substantially lowered due to school overcrowding, the lack of certified teachers who are bilingual, and the lack of a local tax base needed to pay the bilingual teachers even if they were available.
D. The governor, with the legal assistance of the attorney general, is hereby authorized to negotiate and assist the state of Texas in an interstate compact for border security among interested states with the governor of the state of Texas in securing the southern border of the United States of America.
E. Any interstate compact that may be developed and executed under the authority of this Section shall, in order to take effect, represent a voluntary association of sovereign states of this United States of America, with the understanding that any such interstate compact shall not in any way increase the political authority of the compacting states in relation to the federal government or in any other manner that violates the Constitution of the United States of America.
F. The interstate compact authorized by this Section shall provide for joint action among the states that participate in the compact to pursue all security priorities, as follows:
(1) Sharing of law enforcement intelligence on illegal activity occurring at or in proximity to the United States-Mexico border.
(2) Sharing of state resources in order to build physical barriers, comprehensive technological surveillance systems, or combinations of barriers and surveillance systems on state property for the purposes of deterring and detecting illegal activity at or in proximity to the United States-Mexico border.
(3) Sharing of other law enforcement resources to ensure the protection of personnel and property of citizens of the states participating in the compact.
G. Once the governor, with the assistance of the attorney general, negotiates and assists the governor of the state of Texas with preparation and finalization of the compact to secure the United States-Mexico border, the governor shall promptly submit the Interstate Compact for Border Security to the legislature for approval and the appropriation of necessary funds to fulfill the purposes provided for in Subsection F of this Section.
Acts 2024, No. 670, §2, See Act.
Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
A. It is the policy of the state to take every responsible action, explore all opportunities, invite meaningful contributions, and utilize all available resources to eliminate substance and alcohol misuse along with the resulting harm to individuals and institutions.
B. In view of the policy of the state, it is the purpose of this Part to establish a state agency organizationally positioned and structurally empowered to elicit, motivate, advocate for, and coordinate the best efforts and ideas of all organizations, agencies, entities, and individuals who volunteer or can be conscripted to make a contribution toward the goal of eradicating substance and alcohol misuse and its harmful consequences.
Acts 1990, No. 1029, §2, eff. July 26, 1990; Acts 2025, No. 78, §1.
A. The Drug Policy Board is established as a body corporate to operate within the office of the governor.
B.(1) The board shall be composed of twenty-five members.
(a) Fifteen of the members shall be as follows:
(i) The secretary of the Louisiana Department of Health or his designee.
(ii) The secretary of the Department of Public Safety and Corrections or his designee.
(iii) The superintendent of state police or his designee.
(iv) The secretary of the Department of Children and Family Services or his designee.
(v) The executive director of the Louisiana Commission on Law Enforcement or his designee.
(vi) The superintendent of education or his designee.
(vii) The commander in chief of the national guard or his designee.
(viii) The attorney general or his designee.
(ix) The chairman of the Louisiana Commission on Addictive Disorders or his designee.
(x) The commissioner of Alcohol and Tobacco Control or his designee.
(xi) The executive director, or his designee, of the office of drug policy within the office of the governor.
(xii) A member of the Louisiana Highway Safety Commission.
(xiii) A member of the Board of Pharmacy.
(xiv) A representative of the Board of Regents specializing in collegiate recovery education and behavioral health services.
(xv) An individual who has been in recovery for at least five years and is actively engaged in substance use prevention and peer support efforts.
(b) Two of the members shall be as follows:
(i) A member of the House Committee on Health and Welfare as designated by the speaker of the House of Representatives.
(ii) A member of the Senate Committee on Health and Welfare as designated by the president of the Senate.
(c) The remaining eight members shall be appointed by the governor subject to the confirmation of the Senate as follows:
(i) A representative of a private or nonprofit organization located within this state providing substance use education, treatment, and prevention.
(ii) The president or a representative of the District Attorneys Association.
(iii) The director of the Louisiana Supreme Court Drug and Specialty Court Office or his designee.
(iv) The president or a representative of the Louisiana Sheriffs' Association.
(v) A representative of the indigent defender system.
(vi) A district court judge.
(vii) A representative from the alcohol industry.
(viii) A physician representing the field of substance misuse treatment or substance misuse prevention.
(2) The governor shall appoint persons who represent local and state education agencies; substance and alcohol misuse treatment or rehabilitation facilities or programs; local, state, and federal law enforcement agencies; and local, state, and federal judiciaries, and legal counsel to serve in support of the drug policy board.
(3) Each member shall serve a term concurrent with that of the appointing governor. Vacancies shall be filled in the same manner as the original appointment.
(4) Members shall serve without salary or per diem, but shall be reimbursed for travel, lodging, and related expenses occasioned by attendance on the business of the board in the same manner as provided for state employees.
C.(1) The board shall be domiciled in the city of Baton Rouge in East Baton Rouge Parish.
(2) The members of the board shall elect from among themselves a chair and such other officers as they deem necessary whose term shall be fixed by rule of the board.
(3) The board shall meet on a regular basis of not less often than quarterly as established by the board and at such other times as deemed necessary by the chair.
(4) The board shall establish its own rules of procedure.
(5) Official action of the board shall require the affirmative approval of not less than a majority of those present. A quorum shall be required to conduct a meeting. A quorum shall be a majority of the total membership of the board.
(6) Each board member who may appoint a designee to serve in his stead pursuant to Paragraph (B)(1) of this Section shall provide written notice of such to the chairman of the board. Such written notice shall name the individual who shall be the official designee until the member revokes such designation. No board member shall be represented in a meeting other than by the official designee.
Acts 1990, No. 1029, §2, eff. July 26, 1990; Acts 2009, No. 65, §1; Acts 2025, No. 78, §1.
A. The board shall:
(1) Identify, examine, select or develop, recommend or implement, drug control policies and strategies to more effectively combat illegal drug, substance, and alcohol misuse.
(2) Stress a coordinated approach emphasizing application, or needed revisions, of enforcement capabilities targeting illegal drug misuse, sale, and supply.
(3) Identify, examine, select or develop, recommend or implement, demand reduction measures such as education, prevention, treatment, rehabilitation, peer support, harm reduction, and public awareness.
(4) Receive reports of the allocations and expenditures of all federal substance misuse funds earmarked for education, treatment, rehabilitation, prevention, and law enforcement.
(5) Evaluate how state and federal funds are utilized in implementing substance use prevention and related programs at state and local agencies.
(6) Evaluate changes in the methods and priorities of the allocation of funds to state and local agencies.
(7) Identify and evaluate the effectiveness of state and local public awareness, prevention, and harm reduction programs addressing substance use in both the public and private sectors in order to develop a series of recommendations for improving the effectiveness of such programs.
(8) Evaluate specific challenges related to the enforcement of substance use laws and make recommendations to enhance effectiveness through legislative updates or executive action.
(9) Assess the roles and interaction of federal, state, and local law enforcement agencies and operations in combating substance misuse and trafficking, with recommendations for improving the effectiveness of multi-jurisdictional operations throughout this state.
(10) Provide an annual report to the governor regarding findings, activities, and recommendations by July first of each year and submit quarterly reports if deemed necessary by the governor or the board.
(11) Develop long and short range plans or strategies that prioritize areas of need or otherwise organize the use of resources.
(12) Seek assistance or support from any state agency or private sector entity which may be helpful in diminishing or eradicating substance and alcohol misuse.
(13) Adopt and promulgate rules necessary to implement provisions of this Part.
B. Staff support shall be provided by the executive office of the governor and may be provided by the agencies of the executive department of the government as directed by the governor.
C. The board shall be funded by appropriation of the legislature.
Acts 1990, No. 1029, §2, eff. July 26, 1990; Acts 2025, No. 78, §1.
All of the agencies, boards, commissions, departments, and political subdivisions shall assist the board in its work by providing requested information, reports, research, aid, services, and support without imposing any cost or charge to the office. However, such support shall be subject to the funding constraints of the respective entity. The state library and Louisiana State University shall make facilities available for use by the board. The attorney general shall assist the board and provide written opinions on any subject requested by the legislative fiscal officer.
Acts 1990, No. 1029, §2, eff. July 26, 1990; Acts 2025, No. 78, §1.
A. The Drug Policy Board shall establish an Advisory Council on Heroin and Opioid Prevention and Education to coordinate resources and expertise to assist in a statewide response.
B. The council shall consist of the following members:
(1) The secretary of the Louisiana Department of Health or his designee.
(2) The secretary of the Department of Children and Family Services or his designee.
(3) The state superintendent of education or his designee.
(4) The secretary of the Department of Public Safety and Corrections or his designee.
(5) The superintendent of state police or his designee.
(6) The commissioner of higher education or his designee.
(7) The secretary of the Department of Veterans Affairs or his designee.
(8) The secretary of Louisiana Works or his designee.
(9) The president of the Senate or his designee.
(10) The speaker of the House of Representatives or his designee.
(11) The attorney general or his designee.
(12) The commissioner of insurance or his designee.
(13) A judge from a drug division of a district court appointed by the chief justice of the Louisiana Supreme Court.
C. The council may engage and solicit, as necessary, input, recommendations, and guidance pertaining to heroin and opioid prevention and education from interested parties and stakeholders, including but not limited to the following:
(1) The Louisiana Board of Pharmacy.
(2) The Louisiana State Board of Medical Examiners.
(3) The Louisiana Sheriffs' Association.
(4) The Louisiana District Attorneys Association.
(5) The Louisiana State Medical Society.
(6) The Chiropractic Association of Louisiana.
(7) The Louisiana Physical Therapy Association.
(8) The Louisiana Association of Chiefs of Police.
(9) The Louisiana Independent Pharmacies Association.
(10) The Louisiana State Nurses Association.
(11) The Louisiana Association of Nurse Practitioners.
(12) The Louisiana Ambulance Alliance.
(13) The Louisiana State Board of Nursing.
(14) The Louisiana Psychiatric Medical Association.
(15) The Louisiana Poison Control Center.
(16) The Louisiana-Mississippi Hospice and Palliative Care Organization.
(17) The Optometry Association of Louisiana.
(18) The Louisiana Association of Health Plans.
(19) The Louisiana State Coroners Association.
D.(1) The council shall serve in an advisory capacity to the board and establish an Interagency Heroin and Opioid Coordination Plan.
(2) The plan shall include but not be limited to all of the following:
(a) Parish-level data on opioid overdoses and the dispensing of overdose-reversal medication.
(b) Progress of current initiatives in the state relating to the heroin and opioid epidemic.
(c) Specific impacts to agencies in addressing education, treatment including the use of medication-assisted treatment, prevention, overdose, and recovery.
E. The Interagency Heroin and Opioid Coordination Plan shall be submitted annually to the board, governor, president of the Senate, speaker of the House, and chief justice of the Louisiana Supreme Court by March fifteenth, to reflect the data from the previous calendar year.
F. The council shall coordinate parish-level data on opioid overdoses and usage of overdose-reversal medication as current and accurate statewide data is critical in educating both those involved in policy development and the citizens of this state.
G. The council shall also coordinate a central online location to disseminate information and resources, including the Interagency Heroin and Opioid Coordination Plan.
H. The secretary of the Louisiana Department of Health, or his designee, shall serve as chairman of the council. The council may also elect a vice chairman and other officers as it may deem appropriate.
I. A majority of the voting membership of the council shall constitute a quorum for the transaction of business. All official actions of the council shall require the affirmative vote of not less than a majority of the members present.
J. Council members shall not receive compensation or a per diem for their services or attendance at council meetings, except for those travel-related expenses already provided for by their agency.
K. The council shall be domiciled in East Baton Rouge Parish.
L. Each department participating on the council shall assist as needed in providing staff support for the council, including but not limited to the scheduling of meetings, providing public notice of scheduled meetings, and posting information about the council and its meeting minutes online.
M. The council shall meet at least once every quarter, with meetings to be called by the chair.
Acts 2017, No. 88, §1; Acts 2024, No. 147, §1, eff. May 22, 2024.
Repealed by Acts 2006, 1st Ex. Sess., No. 5, §4, eff. June 30, 2016; Acts 2008, No. 831, §5, changed the repeal date to July 1, 2010.
Repealed by Acts 2006, 1st Ex. Sess., No. 5, §4, eff. June 30, 2016; Acts 2008, No. 831, §5, changed the repeal date to July 1, 2010.
Repealed by Acts 2006, 1st Ex. Sess., No. 5, §4, eff. June 30, 2016; Acts 2008, No. 831, §5, changed the repeal date to July 1, 2010.
Repealed by Acts 2006, 1st Ex. Sess., No. 5, §4, eff. June 30, 2016; Acts 2008, No. 831, §5, changed the repeal date to July 1, 2010.
Repealed by Acts 2006, 1st Ex. Sess., No. 5, §4, eff. June 30, 2016; Acts 2008, No. 831, §5, changed the repeal date to July 1, 2010.
Repealed by Acts 2006, 1st Ex. Sess., No. 5, §4, eff. June 30, 2016; Acts 2008, No. 831, §5, changed the repeal date to July 1, 2010.
Repealed by Acts 2006, 1st Ex. Sess., No. 5, §4, eff. June 30, 2016; Acts 2008, No. 831, §5, changed the repeal date to July 1, 2010.
A. As provided in R.S. 49:220.5(A)(2), the authority shall allocate funding for emergency rental assistance programs. Such programs shall prioritize funding for households that participated in Hurricanes Katrina or Rita temporary housing assistance programs such as HUD's Disaster Housing Assistance Program or FEMA's temporary housing program and continue to be in need and do not qualify for housing choice voucher program assistance or other programs established to address the housing needs of transitioning households.
B. After the needs of households identified in Subsection A of this Section are addressed and subject to funding, the authority shall allocate any remaining resources in the following order:
(1) Households participating in Hurricanes Gustav or Ike temporary housing assistance programs.
(2) Households in need who either did not qualify or did not participate in temporary housing assistance programs of Hurricanes Katrina, Rita, Gustav, or Ike.
C. The authority or any other agency of the state designated to coordinate disaster recovery programs shall partner with the Department of Children and Family Services and other relevant state agencies for the implementation of emergency rental assistance programs.
Acts 2009, No. 487, §1, eff. when the Action Plan Amendment for implementing R.S. 49:220.5(A)(2) is approved by the U.S. Dept. of Housing and Urban Development.
NOTE: See Acts 2009, No. 487, §2.
NOTE: See Acts 2006, 1st Ex. Sess., No. 5, as amended by Acts 2008, No. 831, §5, which repealed the La. Recovery Authority eff. July 1, 2010.
A. Notwithstanding any other provision of law to the contrary, those Road Home applicants whose claims were denied because of unresolved succession or inheritance issues shall be awarded a Road Home grant, together with a covenant restriction filed against the property to reserve the rights of the state of Louisiana, for any claims arising in favor of the state against the applicant subsequent to the awarding of the grant. The covenant restriction shall be satisfied and removed upon the occurrence of either of the following:
(1) The signing of a judgment of possession in favor of the Road Home grant recipient subject to the covenant restriction.
(2) The sale or transfer of the property subject to the covenant restriction by the Road Home grant recipient in which the purchaser, heir, or beneficiary receiving the property executes a mortgage in favor of the state, or secures a mortgage from a third party and repays the state the amount of the Road Home grant received for the property.
B. The division of administration, office of community development, is authorized to investigate annually the ownership status of property subject to the provisions of Subsection A of this Section, in order to protect its financial interest in the property improved with funds from the Road Home grant program.
C. Road Home funding for those applicants listed in Subsection A of this Section shall only be dispensed in accordance with revised program rules for the Road Home Program, as reflected in a duly amended Action Plan approved by the United States Department of Housing and Urban Development. In the event that the United States Department of Housing and Urban Development does not approve such amended Action Plan authorizing the use of funds in accordance with the provisions of Subsection A of this Section, Subsection A of this Section shall be without effect.
D. Nothing in this Section shall be deemed to create any right or cause of action.
Acts 2010, No. 1012, §1, eff. July 8, 2010.
A. The prevention and detection of waste, inefficiencies, mismanagement, misconduct, abuse, fraud, and corruption in all departments, offices, agencies, boards, commissions, task forces, authorities, and divisions of the executive branch of state government as specifically provided in Title 36 of the Louisiana Revised Statutes of 1950, all hereinafter referred to in this Part collectively as "covered agencies" and individually as "covered agency", is an important responsibility of the state.
B. In view of the responsibility of the state, it is the purpose of this Part to establish an independent office of the state inspector general in the office of the governor to examine and investigate the management and affairs of covered agencies.
Acts 2008, 1st Ex. Sess., No. 12, §3, eff. April 26, 2008.
A. The office of the state inspector general, referred to in this Part as the "office", is created and shall be a body corporate with the power to sue and be sued.
B. The domicile of the office shall be in Baton Rouge.
C. The legislature shall make adequate appropriations to the office to enable it to implement this Part efficiently and effectively.
D. The office is authorized to employ its own legal counsel, and also may obtain such additional legal representation as the office deems necessary from the attorney general or his designee.
Acts 2008, 1st Ex. Sess., No. 12, §3, eff. April 26, 2008; Acts 2012, No. 640, §1, eff. June 7, 2012.
A.(1) There shall be a state inspector general, hereinafter referred to as the "inspector general", who shall be appointed by the governor with the consent of the Senate. No person appointed inspector general shall hold or be a candidate for any elective office, including elective political party office, or any other public office or political party office. No person shall be appointed inspector general who has held any elective office or political party office within two years immediately preceding his appointment. No former inspector general shall be eligible to qualify as a candidate for any elective office, including elective political party office, nor shall he assume any elective office or political party office within four years after the termination of his service as inspector general.
(2) If a vacancy exists in the office of the state inspector general for more than six months, then the holder of the next highest level administrative position in the office shall become the inspector general, subject to confirmation by the Senate.
(3) Not later than one year from the date of appointment, if not already certified, the inspector general shall obtain certification as a Certified Inspector General from the Association of Inspectors General.
B. The inspector general shall serve a six-year term.
C. The salary of the inspector general shall be fixed by the governor, which amount shall not exceed the amount approved for such position by the legislature while in session. The salary of the inspector general may not be reduced by the governor or the legislature during his term of office.
D.(1) Notwithstanding the provisions of Subsection B of this Section, the inspector general may be removed by the governor provided such removal is approved by a majority vote of each house of the legislature.
(2) In order to obtain the consent of a majority of the elected members of each house of the legislature, the clerk of the House of Representatives and the secretary of the Senate shall prepare and transmit a ballot to each member of the legislature by certified mail with return receipt requested, unless it is determined that the legislature will be in session in time for the ballots to be distributed to them and returned by them during the session. The ballot shall be uniform and include pertinent information as the clerk and secretary shall determine.
Acts 2008, 1st Ex. Sess., No. 12, §3, eff. April 26, 2008; Acts 2010, No. 861, §21.
A. The inspector general shall serve as the executive head and chief administrative officer of the office and shall have responsibility for the policies of the office, except as otherwise provided by this Part, and for the administration, control, and operation of the functions and affairs of the office.
B. The inspector general is authorized to examine and investigate the management and affairs of the covered agencies concerning waste, inefficiencies, mismanagement, misconduct, abuse, fraud, and corruption, and he may conduct all necessary investigations into such areas, including but not limited to:
(1) Misuse of state-owned automobiles, planes, watercraft, and all other movable and immovable property.
(2) Evidence of a pattern of excessive bills on state contracts.
(3) Unauthorized use of leave.
(4) Mismanagement of governmental operations.
(5) Waste or abuse of things of value belonging to or used by the covered agencies.
(6) Construction, operation, and maintenance of facilities.
C.(1) The inspector general shall help prevent waste, inefficiency, mismanagement, misconduct, abuse, fraud, and corruption in covered agencies by periodically reviewing policies and procedures and monitoring operations and making recommendations for improvement.
(2) The inspector general shall receive complaints of waste, inefficiency, mismanagement, misconduct, abuse, fraud, or corruption in covered agencies and determine whether they warrant investigation by the inspector general or by appropriate federal, state, or local agencies or may conduct such investigations upon his own initiative. In order to accomplish this, the office of the inspector general shall maintain a toll-free fraud hotline number and web site for anonymous reporting.
(3) The inspector general shall investigate complaints of waste, inefficiencies, mismanagement, misconduct, abuse, fraud, and corruption and, when appropriate, recommend whether disciplinary action or further investigation by appropriate federal, state, or local agencies is warranted and take further action as appropriate.
(4) The inspector general shall report complaints of fraud, abuse, or corruption to such federal, state, or local agencies when there is evidence of what may be criminal activity and when otherwise appropriate and shall otherwise cooperate with such agencies in any further action.
(5) The inspector general shall make reports of his findings to the governor. Such reports shall be subject to the provisions of R.S. 44:1 et seq.
(6) The inspector general shall submit an annual report to the governor and the Joint Legislative Committee on the Budget at the end of each fiscal year that describes the accomplishments and contributions made by the office toward achieving the mission of helping to prevent and detect waste, fraud, and abuse in Louisiana government. Upon completion, as indicated by signature of the inspector general, all final reports of the inspector general immediately shall be filed with the Joint Legislative Committee on the Budget and shall include the response of the agency, if any. All such reports shall be provided to the staff of the governor's office and the Joint Legislative Committee on the Budget upon request.
D. The inspector general shall provide for an opportunity for agency response prior to the release of a report unless the inspector general, in conjunction with a United States attorney, the state attorney general, district attorneys, or other prosecutorial agencies, determines that supplying the affected person or entity with such report will jeopardize a pending or potential criminal investigation.
E. All officers and employees of covered agencies shall extend full cooperation and all reasonable assistance to the inspector general.
F.(1) In the performance of his duties, the inspector general and any member of his staff designated by him may seek and obtain sworn testimony from any person using the same procedure as is provided for taking depositions provided for in Article 1443 in the Code of Civil Procedure.
(2) In the performance of his duties, the inspector general or any member of his staff designated by him may compel the attendance of witnesses to be deposed under oath or the production of public and private records by issuing a subpoena. However, such a subpoena or subpoena duces tecum shall be issued only upon approval of a judge of the district court of the parish in which the office of inspector general is domiciled upon application in writing by the inspector general. The judge shall issue a written decision within seventy-two hours after receipt of such application. Any subpoena for production of private records shall be in compliance with all applicable constitutionally established rights and processes. The subpoena may be served by certified mail, return receipt requested, at the addressee's residence or business address, or by representatives appointed by the inspector general, or may be directed for service to the office of the state police. If a person refuses to obey a subpoena issued by the inspector general, upon application by the inspector general, the district court of the parish in which the office of inspector general is domiciled may issue an order to the person requiring the person to appear before the court to show cause why an order shall not be issued ordering such person to obey the subpoena, and the person may be adjudged in contempt of court.
(3) The inspector general shall have access to all records, information, data, reports, plans, projections, matters, contracts, memoranda, correspondence, and any other materials of a covered agency and shall be deemed to be an authorized representative and agent of each covered agency for the purposes of:
(a) Examining and investigating the records of all contractors, subcontractors, grantees, or subgrantees of covered agencies, which records relate to contracts, subcontracts, grants, or subgrants with a covered agency.
(b) Obtaining access to any records of a covered agency in the possession of a third party, including but not limited to bank account records.
G. The inspector general and employees of the inspector general shall carry identifying cards.
H. The office of the state inspector general shall adhere to professional standards for initiating and conducting audits, investigations, inspections, and reviews such as those promulgated by the Association of Inspectors General. The office shall develop an operations manual that contains such standards and shall make it available to the public.
I. The inspector general shall engage in prevention activities, including but not limited to reviewing legislation, rules, regulations, policies, procedures, and transactions; providing for training and education; and making recommendations to the governor and the legislature to strengthen public integrity laws.
J. The office of the state inspector general is hereby designated as a law enforcement agency and conferred all investigative powers and privileges appurtenant to a law enforcement agency under state law as necessary and in furtherance of the authority, duties, powers, and functions set forth in this Part. These powers and privileges shall not include arrest powers but shall include access to computer systems, information maintained for the use of law enforcement personnel, and any information contained in the criminal history record and identification file of the Louisiana Bureau of Criminal Identification and Information.
K. Upon credible information of corruption or fraud, the office of the state inspector general shall notify the appropriate law enforcement agencies. Subsequent to notifying the appropriate law enforcement agency, the inspector general may assist the law enforcement agency in conducting the investigation. Upon detecting a violation of one of the provisions of the Code of Governmental Ethics, the office of the state inspector general may file a complaint with the Board of Ethics.
L. The office of the state inspector general may conduct joint investigations and projects with other oversight or law enforcement agencies.
M. The inspector general shall do all things necessary to carry out the functions set forth in this Part.
Acts 2008, 1st Ex. Sess., No. 12, §3, eff. April 26, 2008; Acts 2008, No. 831, §3, eff. July 1, 2008; Acts 2010, No. 861, §21.
Except for the reports of investigations released as provided in R.S. 49:220.24(C)(6), the records prepared or obtained by the inspector general in connection with investigations conducted by the inspector general shall be deemed confidential and protected from disclosure. No privilege established by law shall be deemed waived on any record obtained by the inspector general in connection with the performance of the duties established in this Part. Any record or information obtained by the inspector general which is confidential pursuant to any other provision of law shall remain confidential, and it shall be a misdemeanor punishable by a fine of not more than two thousand dollars or imprisonment for not more than one year, or both, for the inspector general or any of his employees, or any other public official, corporation, or individual, to make public any such information or record. Nothing herein shall be interpreted to prevent public access to public records during the course of an inspector general investigation. The custodian of any public record shall provide that record to any person having the right to examine public records. If the only copy of the public record is in the hands of the inspector general, the custodian of that record shall so certify and the requestor may examine and copy the record at the office of the inspector general.
Acts 2008, 1st Ex. Sess., No. 12, §3, eff. April 26, 2008; Acts 2008, No. 831, §3, eff. July 1, 2008.
A. Any person who has served as a full time investigator for the office of the state inspector general and who retired or otherwise left the full time employment of the department in good standing and who has maintained certification and currently is certified by the POST Council, or any other person who has served as a Louisiana peace officer and who has maintained certification and who graduated from a Louisiana POST certified academy may be appointed as a reserve investigator for the office of the state inspector general.
B. The inspector general shall be authorized to issue a reserve investigator's appointment as provided herein if the person satisfies the following requirements:
(1) Qualifies on the Peace Officer Standards and Training firearms course.
(2) Attends any seminars, workshops, or other meetings on issues related to the operation of the office of inspector general which may be required by the inspector general.
(3) Complies with any other rule or regulation as may be required by the inspector general.
C. Each reserve investigator shall have all the powers of and may function as a criminal investigator for the office of inspector general, but shall receive no compensation for his participation in the reserve investigator program. Expenses incurred by a reserve investigator in the course and scope of performing his official duties shall be reimbursed.
D. The inspector general shall have the power to revoke any reserve investigator's appointment at any time.
E. Reserve investigators' appointments shall be valid only for a period of one year from the date of issuance; however, they may be renewed annually at the discretion of the inspector general.
F. Upon the recommendation of the inspector general, each reserve investigator shall be eligible to apply to the superintendent of state police for a special officer's commission from the Louisiana Division of State Police under the applicable provisions of R.S. 40:1379.1.
Acts 2010, No. 783, §1, eff. June 30, 2010.
The state of Louisiana recognizes the need to develop and implement a comprehensive rural water infrastructure plan to address deteriorating public water supply systems and protect the interests, health, safety, and welfare of the citizens of Louisiana. This effort will require the cooperation and participation of numerous federal, state, and local agencies. To further the development of the plan, the state of Louisiana recognizes the necessity to establish the Rural Water Infrastructure Committee for the purpose of providing advice and guidance to the governor on all matters relative to rural water systems in Louisiana.
Acts 2019, No. 126, §2, eff. June 6, 2019.
A. The Rural Water Infrastructure Committee is hereby created within the office of the governor and shall be composed of seventeen members as follows:
(1) The State Director of United States Department of Agriculture Rural Development in Louisiana or his designee.
(2) The State Director of the United States Economic Development Administration or his designee.
(3) The governor or his designee.
(4) The governor's designee to the Delta Regional Authority.
(5) The secretary of the Louisiana Department of Health or his designee.
(6) The secretary of the Louisiana Department of Environmental Quality or his designee.
(7) The executive director of the Louisiana office of community development or his designee.
(8) The director of the Governor's Office of Homeland Security and Emergency Preparedness or his designee.
(9) The executive director of the Louisiana Rural Water Association or his designee.
(10) The executive director of the Police Jury Association of Louisiana or his designee.
(11) The executive director of the Louisiana Municipal Association or his designee.
(12) The president of the Louisiana Association of Planning and Development Districts or his designee.
(13) The president of the Senate or his designee.
(14) The speaker of the House of Representatives or his designee.
(15) The chairman of the Louisiana Rural Caucus or a member of the Louisiana Rural Caucus designated by the chairman.
(16) The commissioner of agriculture and forestry or his designee.
(17) The executive secretary of the Louisiana Public Service Commission or his designee.
B. Members shall serve terms concurrent with the governor.
C. The governor's designee to the Delta Regional Authority shall serve as chairman and shall develop procedures for the operation of the committee.
D. The committee shall meet as necessary at the call of the chairman. A majority of the members of the committee shall constitute a quorum for the transaction of business.
E. All official actions of the committee shall require the affirmative vote of a majority of the members in attendance.
F. The governor or the chairman of the committee may request employees of federal, state, or local agencies involved with rural water systems to participate as nonvoting members of the committee.
G. The committee may request administrative and technical support from the governor's office to carry out the committee's functions and responsibilities as provided in this Part.
H. Members of the committee shall serve without compensation. Legislative members of the committee shall receive such per diem and expenses as provided for legislators during attendance at legislative committees and from the same source.
I. The names of the members who will serve on the committee shall be submitted to the governor not later than August 15, 2019.
Acts 2019, No. 126, §2, eff. June 6, 2019.
A. The committee shall have the following functions and duties:
(1) To advise the governor on all matters relative to rural water systems in Louisiana.
(2) To advise and provide technical assistance to rural water systems, local governments, and nonprofit organizations to improve infrastructure and ensure compliance with state and federal regulations.
(3) To work collaboratively to assess and prioritize rural water system deficiencies.
(4) To offer emergency response assessments for rural water systems during public health emergencies upon request.
(5) To foster cooperation among federal, state, and local governmental agencies on all issues pertaining to rural water systems.
(6) To conduct such studies as are necessary to develop and implement a comprehensive rural water infrastructure plan.
(7) To create a clearinghouse of educational materials to assist rural water systems, local governments, and nonprofit organizations.
(8) To review programs, conditions, trends, and engineering findings which affect rural water systems in order to make recommendations for improvements.
(9) To assist in the identification of potential sources of funding for rural water systems and to develop advice with respect to which expenditures are in the best interest of the state.
B. The committee shall advise and make recommendations to the governor on the following:
(1) Establishing funding criteria for rural water systems.
(2) Establishing a process to hold noncompliant water systems accountable including legislative audits and mandatory management training.
(3) Increasing inspection and enforcement of rural water systems by state agencies.
(4) Establishing a system for the review of engineering proposals for infrastructure upgrades to rural water systems.
(5) Developing financial incentives for rural water systems to consolidate when deemed appropriate.
(6) Developing recommendations for legislative action relative to rural water systems.
C. The committee shall submit a written report to the governor by March first of each year relative to the progress, challenges, and recommendations concerning policy and possible legislation relative to rural water systems.
Acts 2019, No. 126, §2, eff. June 6, 2019.
A. There shall be a chief resilience officer within the office of the governor to perform the functions and duties provided in this Part.
B. The chief resilience officer shall be appointed by the governor, subject to confirmation by the Senate. The chief resilience officer shall be paid a salary fixed by the governor. The chief resilience officer shall serve at the pleasure of and shall report directly to the governor.
C. The governor may assign other personnel to assist the chief resilience officer in the performance of his duties as he deems necessary.
D. For purposes of this Section, "resilience" shall mean a capability to anticipate, prepare for, respond to, and recover from significant multi-hazard threats with minimal damage to social well-being, the economy, infrastructure, and the environment, including flood risk management.
Acts 2023, No. 315, §1, eff. June 13, 2023; Acts 2025, No. 418, §2.
A. The chief resilience officer shall:
(1) Coordinate and provide strategic direction for governmental resilience initiatives in order to build long-term resilience for a robust, vibrant economic activity and a sustainable natural environment for Louisiana residents.
(2) Provide technical guidance to agencies, as well as local and regional jurisdictions, to integrate statewide resilience goals into future projects, plans, and programs.
(3) Review and reconcile state agency comments on federally sponsored resilience and risk mitigation activities to establish and present an official state position.
(4) Pursue all available federal and private funds consistent with the purposes of this Part.
(5) Coordinate with the Governor's Office of Homeland Security and Emergency Preparedness for emergency management and disaster response.
B. The chief resilience officer, subject to the approval of the governor, shall:
(1) Coordinate state agency powers, duties, functions, and responsibilities relative to reducing risk and protecting communities, businesses, vital infrastructure, and the environment, including flood risk mitigation and disaster housing.
(2) Coordinate all state departmental budget requests for programs and projects pertaining to resilience and risk mitigation.
(3) Appraise the adequacy of statutory and administrative mechanisms for coordinating the state's policies and programs at both the intrastate and interstate levels with respect to resilience and risk mitigation.
(4) Appraise the adequacy of federal, regional, state, and local programs to achieve the policies and meet the goals of the state with respect to resilience and risk mitigation.
(5) Coordinate and focus federal involvement in Louisiana with respect to resilience and risk mitigation, including flood risk mitigation.
(6) Provide official state recommendations to the legislature and congress with respect to policies, programs, and coordinating mechanisms relative to resilience and risk mitigation.
(7) Assist with the state's planning efforts including the Coastal Master Plan, the Upland Master Plan, the State Hazard Mitigation Plan, and the Statewide Watershed Management Plan to ensure the incorporation and alignment of the state's resilience goals and objectives into a unified, proactive, pre-disaster approach to adaptation and long-term resilience.
(8) Represent the resilience and risk mitigation policy of the state at the federal, regional, state, and local levels.
(9) Coordinate with state and local officials, the Coastal Protection and Restoration Authority, and the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority to pursue statewide strategy for the National Flood Insurance Program.
(10) Coordinate statewide policy and planning with respect to flood control.
Acts 2023, No. 315, §1, eff. June 13, 2023; Acts 2025, No. 418, §2.
A. To coordinate and strengthen efforts to reduce losses from future disasters across the state, the chief resilience officer shall contribute to all statewide planning efforts related to resilience and risk mitigation and shall develop a strategic statewide resilience report to protect the state from multiple threats, prioritizing the risks from inland and coastal flooding. The report shall include but is not limited to the following:
(1) Articulation of the state's resilience goals and objectives.
(2) Utilization of best available science, including a range of future projections, to identify and implement policies, projects, and programs that achieve the state's resilience goals and objectives.
(3) Prioritization of agency-identified adaptation actions based on a vulnerability assessment of risks to agency mission areas, assets, services, and populations served from multiple environmental threats.
(4) Descriptions of agency strategic actions.
B. The statewide resilience report shall be updated every year with the latest available science and updated conditions.
C. The office of resilience shall submit the annual statewide resilience report to the legislature and to the David R. Poynter Legislative Research Library in accordance with the provisions of R.S. 24:772 by February fifteenth every year.
Acts 2023, No. 315, §1, eff. June 13, 2023.
A.(1) Each department head in the executive branch of state government shall designate at least one person to serve as the department's resilience officer, shall transmit the name and contact information of each designee to the chief resilience officer, and shall notify the chief resilience officer of any change in the name or contact information of a designee within ten days.
(2) Each presiding officer of the legislature shall designate at least one person to serve as the legislature's resilience officer, shall transmit the name and contact information of each designee to the chief resilience officer, and shall notify the chief resilience officer of any change in the name or contact information of a designee within ten days.
(3) The chief justice of the Louisiana Supreme Court shall designate at least one person to serve as the judiciary's resilience officer, shall transmit the name and contact information of each designee to the chief resilience officer, and shall notify the chief resilience officer of any change in the name or contact information of a designee within ten days.
B. The agency resilience officers shall coordinate activities with the chief resilience officer as necessary and shall serve on the Interagency Resilience Coordination Team as provided in R.S. 49:220.45.
Acts 2023, No. 315, §1, eff. June 13, 2023.
A. The Interagency Resilience Coordination Team is established to maintain awareness, communication, and alignment with regard to the state's resilience and risk mitigation needs, progress, and priorities and to oversee development of the statewide resilience report.
B. The team shall be comprised of the resilience officers from each state agency and the chief resilience officer, who shall serve as chair.
C. The team shall meet upon the call of the chair, with a minimum of four meetings annually.
D. The team shall make recommendations to and render assistance and guidance to agencies in the development of strategic plans for resilience.
Acts 2023, No. 315, §1, eff. June 13, 2023.
A. There is hereby established a Louisiana Resilience Task Force to provide strategic direction to resilience efforts across the state and to make recommendations to the chief resilience officer.
B. The task force shall be composed of the following members:
(1) The chief resilience officer, who shall serve as chair and shall represent the views of the Interagency Resilience Coordination Team.
(2) The director of the Governor's Office of Homeland Security and Emergency Preparedness or his designee.
(3) The Governor's Executive Assistant for Coastal Activities or his designee.
(4) The commissioner of the division of administration or his designee.
(5) The commissioner of insurance or his designee.
(6) The secretary of the Department of Transportation and Development or his designee.
(7) The executive director of the Police Jury Association of Louisiana, Inc. or his designee.
(8) The executive director of the Parish Presidents of Louisiana Association or his designee.
(9) The speaker of the House of Representatives or his designee.
(10) The president of the Senate or his designee.
(11) The executive director of the Louisiana Municipal Association or his designee.
(12) A member from the Public Service Commission.
(13) The commissioner of higher education or his designee.
(14) The secretary of the Department of Children and Family Services or his designee.
C. The task force shall meet quarterly and at the call of the chair.
Acts 2023, No. 315, §1, eff. June 13, 2023.
A. Pursuant to R.S. 36:501(C)(2), it is the intent of the legislature to take extraordinary measures to demonstrate to the citizens of Louisiana that roads, bridges, and other transportation infrastructure projects can be delivered in an expeditious, transparent, safe, and effective manner.
B. The office of Louisiana Highway Construction is hereby created within the office of the governor, division of administration.
C. The office shall be responsible for the study, planning, engineering, design, construction, operation, maintenance, repair, rehabilitation, and replacement of any nonfederal aid highway that is part of the state highway system.
D. For purposes of this Part, the term "office" shall mean the office of Louisiana Highway Construction.
Acts 2025, No. 389, §1, eff. June 20, 2025.
A. The office of Louisiana Highway Construction shall consist of executive offices and staff as deemed necessary for effective governance and operation.
B. The office shall have the following powers, duties, and responsibilities:
(1) To enter into contracts with the federal government, any federal or state agency, political subdivision of the state, or private entities for the study, planning, engineering, design, construction, operation, maintenance, repair, rehabilitation, or replacement of any nonfederal aid highway within the state highway system.
(2) To contract for and accept grants of funds, subject to any terms or conditions, including matching fund requirements.
(3) To use nonfederal funds and in-kind donations to provide for the costs associated with nonfederal cost-share requirements associated with projects.
(4) To develop and adopt guidelines for cost-sharing agreements with public and private entities participating in projects managed by the office.
(5) To enter into cooperative agreements with political subdivisions located wholly or partially within the boundaries of a project for any project-related purpose, including construction, operation, maintenance, repair, rehabilitation, or replacement of any nonfederal aid highway within the state highway system.
(6) To exercise the same procurement procedures available to the Department of Transportation and Development in Titles 38, 39, and 48 of the Louisiana Revised Statutes of 1950.
(7) To promulgate rules and regulations necessary to implement the provisions of this Section, in accordance with the Administrative Procedure Act.
C. The office of Louisiana Highway Construction may:
(1) Utilize the services of other executive departments of state government upon mutually agreeable terms and conditions.
(2) Receive interagency transfers, state general fund allocations, or any other sources of funding allowed under the law necessary to support the delivery of its functions.
(3) Take such other actions, not inconsistent with law, as are necessary to perform properly the functions of the office.
(4) The office of Louisiana Highway Construction may engage in and utilize emergency procurement procedures for any purpose until January 1, 2026.
D. On or before January fifteenth of each year, the office shall submit a report to the Joint Committee on Transportation, Highways and Public Works. The report shall include a detailed list of each project that is planned, initiated, or advanced under the authority of this Section, along with the status, scope, funding sources, and expected timelines for each project.
Acts 2025, No. 389, §1, eff. June 20, 2025.
A. The executive director of the office of Louisiana Highway Construction shall be appointed by the governor, subject to confirmation by the Senate, and shall serve at the pleasure of the governor.
B. The executive director shall be responsible for the overall operations, management, and administration of the office of Louisiana Highway Construction.
C. The executive director shall have the following duties and responsibilities:
(1) To coordinate all budget requests for projects managed or initiated by the office.
(2) To coordinate and focus the functions of all state agencies as it relates to office projects to ensure alignment and efficiency.
(3) To take any actions, not inconsistent with law, as may be necessary to carry out the duties and responsibilities of the office.
D. In furtherance of the goals and purposes of the office, the executive director may:
(1) Review and recommend modifications of state departmental policies, procedures, programs, rules, and regulations that are established by law or pursuant to the Administrative Procedure Act that may affect the design, construction, operation, management, and monitoring of projects within the authority of the office.
(2) Appoint advisory panels or working groups as needed to support the development, review, or implementation of office initiatives.
Acts 2025, No. 389, §1, eff. June 20, 2025.
Repealed by Acts 1995, No. 846, §4, eff. Jan. 8, 1996.
The secretary of state is hereby authorized to designate the first assistant secretary of state, the undersecretary of management and finance, the deputy secretary of state, the confidential assistant, or the legal counsel for the Department of State, to represent him at any meeting of any board, commission, or other public body of which the secretary of state is a member. In such a case, any action taken or vote made by said designee shall carry the full force and effect as if made by the secretary of state.
Acts 1991, No. 65, §1, eff. June 25, 1991.
A. The secretary of state shall determine and collect, in accordance with the Administrative Procedure Act, such fees, other than the fees provided in Subsection B of this Section and other than fees for elections, as are reasonably necessary to carry out the duties of the office. The secretary of state shall publish a listing of such fees annually in the official journal of the state.
B. The secretary of state is authorized to collect the following fees:
(1) Domestic business corporations and limited liability companies.
(a) Twenty-five dollars for reserving a corporate name or limited liability company name, transferring a reserved corporate name or limited liability company name, terminating a reserved corporate name or limited liability company name, registering a corporate name, or renewing a registered corporate name.
(b) Seventy-five dollars for filing and recording corporation articles of incorporation, articles of amendment, articles of restatement, articles of domestication, articles of charter surrender, articles of nonprofit conversion, articles of nonprofit domestication and conversion, articles of dissolution, articles of revocation of dissolution, articles of reinstatement, articles of merger or share exchange, abandonment proceedings, simplified articles of termination, and articles of correction.
(c) One hundred dollars for filing and recording limited liability company articles of organization, amended articles of organization, dissolution proceedings, termination of dissolution proceedings, reinstatement proceedings, merger proceedings, conversions, and certificates of correction.
(d) Twenty dollars for filing any other document or issuing and sealing any other certificate required or permitted by the Business Corporation Act, R.S. 12:1-101 et seq., or the Limited Liability Company Law, R.S. 12:1301 et seq.
(e) Twenty-five dollars for a corporation's statement of change of registered agent or registered office, or both, the resignation of an agent or officer, appointment of a registered agent, change of domicile, appointment of new officers, directors, members, or managers, and change of address for agents, officers, directors, members, or managers.
(f) Twenty-five dollars for a supplemental initial report for a limited liability company.
(g) Thirty dollars for annual reports.
(2) Domestic nonprofit corporations.
(a) Seventy-five dollars for filing and recording articles of incorporation, amended articles of incorporation, dissolution proceedings, termination of dissolution proceedings, reinstatement proceedings, merger proceedings, conversions, and certificates of correction.
(b) Twenty dollars for issuing and sealing any other certificate required or permitted by the Nonprofit Corporation Law, R.S. 12:201 et seq.
(c) Twenty-five dollars for the resignation of an agent or officer; appointment of a registered agent; change of domicile; appointment of new officers or directors; and change of address for agents, officers, or directors.
(d) Ten dollars for annual reports.
(3) Foreign corporations and limited liability companies.
(a) One hundred twenty-five dollars for filing and recording applications for authority on corporations, amended applications, withdrawal proceedings, termination of withdrawal proceedings, reinstatement proceedings, merger proceedings, and certificates of correction.
(b) One hundred fifty dollars for filing and recording applications for authority on limited liability companies, amended applications, withdrawal proceedings, termination of withdrawal proceedings, reinstatement proceedings, merger proceedings, and certificates of correction.
(c) Twenty dollars for issuing and sealing any other certificate required or permitted by the Foreign Corporation Law, R.S. 12:301 et seq., or the Limited Liability Company Law, R.S. 12:1301 et seq.
(d) Twenty-five dollars for the resignation of an agent or officer; appointment of a registered agent; change of domicile; appointment of new officers, directors, members, or managers; and change of address for agents, officers, directors, members, or managers.
(e) Thirty dollars for annual reports.
(4) Partnerships and registered limited liability partnerships.
(a) One hundred fifty dollars for filing of partnership forms and filing of amendments of a foreign partnership.
(b) One hundred fifty dollars for the termination of the registration of a foreign partnership.
(c)(i) For partnerships, one hundred dollars for filing a contract of partnership of a domestic partnership or a registered limited liability partnership, and filing an amendment, merger, consolidation, or termination of a domestic partnership.
(ii) For registered limited liability partnerships, one hundred twenty-five dollars for filing original or renewal forms, conversions to and from a registered limited liability company, and merger or consolidation of a registered limited liability partnership.
(d) Two dollars plus one dollar per page for certification of partnerships or certified copies for registered limited liability partnerships.
(e) Twenty dollars for additional certificates for partnerships or additional certificates for registered limited liability partnerships.
(f) Thirty dollars for annual reports for partnerships.
(5) Trade names, trademarks, and service marks.
(a) Twenty-five dollars for a trade name, trademark, or service mark reservation.
(b) Seventy-five dollars for registering, renewing, assigning, or terminating a trade name, trademark, or service mark.
(c) Fifteen dollars for issuing a copy of any trade name, trademark, or service mark document.
(d) Fifteen dollars for sealing and certifying to correctness of a trade name, trademark, or service mark document on file.
(e) Twenty dollars for additional certificates.
(f) Repealed by Acts 2018, No. 560, §6, eff. May 28, 2018.
(g) Repealed by Acts 2018, No. 560, §6, eff. May 28, 2018.
(h) Repealed by Acts 2018, No. 560, §6, eff. May 28, 2018.
(6) One hundred dollars for conversion from or to a partnership, including the conversion of a limited liability company from or to a partnership.
(7) Twenty-five dollars for collection of agency registration.
(8) Five dollars for registration of conductors of public opinion polls.
(9) Ten dollars for registering information regarding a will or for furnishing information regarding a will.
(10) Seafood marketing associations.
(a) Thirty-five dollars for filing and recording articles of association, amended articles of association, dissolution proceedings, and merger proceedings.
(b) Ten dollars for additional certified copies of documents and certificates.
(c) Five dollars for a certified copy of a certificate only.
(11) General Fees.
(a) Fifteen dollars for additional certified copies.
(b) Twenty dollars for additional certificates.
(c) Twenty-five dollars for certified copies with amendments.
(d) Twenty-five dollars for copies with amendments.
(12) Special fees.
(a) There shall be a fifty-dollar fee for expedited "while you wait" service.
(b) There shall be a thirty-dollar fee for expedited twenty-four-hour service.
(c) There shall be a fifty-dollar fee for receipt of service of process or other instruments.
(13) Sixty dollars for filing applications and issuing certificates for state franchises to offer cable service or video service in this state.
(14) Home Service Contract Provider Applications.
(a) Six hundred dollars for filing applications for home service contract providers.
(b) Two hundred fifty dollars for filing renewals for home service contract providers.
(15) Motor vehicle service contract applications.
(a) Six hundred dollars for filing applications for motor vehicle service contract providers.
(b) Two hundred fifty dollars for filing renewals for motor vehicle service contract providers.
(16) Structured settlement purchase company registrations.
(a) Six hundred dollars for filing initial structured settlement purchase company registration.
(b) Two hundred fifty dollars for filing renewals for structured settlement purchase company registration.
Amended by Acts 1962, No. 269, §1, eff. July 10, 1962. Acts 1986, No. 855, §1, eff. July 10, 1986; Acts 1988, No. 92, §1, eff. June 29, 1988; Acts 1989, No. 581, §1; Acts 1990, No. 278, §§1 and 2; Acts 2008, No. 913, §4; Acts 2010, No. 70, §1, eff. June 1, 2010; Acts 2012, No. 412, §1, eff. May 31, 2012; Acts 2013, No. 316, §1; Acts 2014, No. 328, §3, eff. Jan. 1, 2015; Acts 2014, No. 791, §18; Acts 2018, No. 560, §§4, 6, eff. May 28, 2018; Acts 2022, No. 193, §4; Acts 2022, No. 600, §1.
NOTE: See Acts 1990, No. 278, §3.
The Secretary of State shall not receive extra compensation for the copying of the laws passed by the legislature.
The Secretary of State may administer oaths in all cases.
Whenever by virtue of law service of process or any other instrument of writing is required to be served upon the secretary of state, the person commencing the action and securing service of process or other instruments of writing in this manner shall pay to the secretary of state at the time of such service a fee as determined and published in accordance with the provisions of R.S. 49:222, which said person shall be entitled to recover as taxable cost in the action if he shall prevail. However, no such fee shall be paid or recovered when such service of process is required as a result of a small claims action filed in accordance with R.S. 13:5200 et seq.
Acts 1983, No. 235, §4, eff. July 1, 1983; Acts 1985, No. 314, §1; Acts 1989, No. 581, §1.
The Secretary of State shall not be required to make refunds of overpayments of fees, except upon request, when such overpayments are for an amount less than two dollars.
Added by Acts 1981, No. 189, §1. Amended by Acts 1981, No. 508, §1.
A. There is hereby created within the Department of State an office of the uniform commercial code which shall have the responsibility of developing, implementing, managing, and operating Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.).
B. The office of the uniform commercial code shall be administered by a deputy secretary. The deputy secretary shall have the following duties and responsibilities:
(1) Coordinate a statewide network with the clerks of court for the implementation and operation of the program.
(2) Facilitate the perfection and filing of financing statements covering movable goods.
(3) Assist consumers, members of the financial services community, and attorneys in utilization of the program through educational and informational forums.
(4) Make recommendations to the legislature as to revisions of Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.).
(5) Prepare and administer program budget.
(6) Coordinate data processing needs for the department.
C. The Department of State, through the office of the uniform commercial code, shall be:
(1) Responsible for immediate coordination and implementation of the statewide computer network to be established pursuant to Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), including, but not limited to, the furnishing of uniform program software to the filing officers, coordinating and establishing the communications network as designed by the secretary of state, as well as any other undertaking deemed necessary by the secretary of state to ensure completion of the network by January 1, 1990;
(2) Authorized to promulgate rules and regulations in accordance with the Administrative Procedure Act (R.S. 49:950, et seq.) as may be necessary for the implementation of Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.).
Acts 1989, No. 137, §15, eff. June 22, 1989.
The secretary of state is authorized to provide direct computer access to public records in the custody of the Department of State. The department is authorized to assess a fee for such access pursuant to the provisions of R.S. 49:222. Said fee shall not exceed the cost of providing the service.
Acts 1990, No. 278, §1.
{{NOTE: SEE ACTS 1990, NO. 278, §3.}}
A. It is the purpose of this Section to provide a convenient, accessible, and timely system for the business community and other persons seeking to establish a business to obtain information concerning and the acquisition and maintenance of the various licenses required by the state to conduct business. To accomplish this goal, the office of GeauxBiz is hereby established within the department.
B. It is the express intent of the legislature that the authority for determining whether a business should be licensed shall remain with the state agency authorized to perform this function.
C. As used in this Section, the following terms shall have the meanings ascribed to them, unless context clearly indicates otherwise:
(1) "Applicant" means any person acting for himself or who is authorized to act for another person to obtain a license or the renewal thereof.
(2) "License" means any license, certificate, registration, permit, or other form of authorization or approval required by state law or any rule or regulation issued pursuant thereto which must be obtained prior to the operation of a business or as a condition to the continued operation thereof.
(3) "Office" means the office of GeauxBiz within the Department of State.
(4) "Person" means an individual, proprietorship, partnership, company, cooperative, corporation, nonprofit organization, or any other legal entity required to obtain one or more licenses from a state agency.
(5) "Secretary" means the secretary of state of the state of Louisiana.
(6) "State agency" or "agency" means any department, office, board, commission, or other entity in state government.
D.(1) On or before January 1, 1992, the secretary of state shall prepare and promulgate to other state agencies a form or forms which shall provide for the inclusion of information relevant to all applications, forms, documents, and requirements used or enforced by the agency in its licensing processes. The form shall provide for, but shall not be limited to, information concerning the cost of each license, the estimated period required to process license applications, existing and proposed rules and regulations pertaining to such licensing, and agency publications which would be of assistance to the business community and other persons seeking to establish a business within the state.
(2) Each state agency shall within sixty days of receipt of the form or forms provide the office with all information requested pursuant to Paragraph (1) of this Subsection and shall thereafter provide, without request by the office, all supplements, amendments, or any proposed changes to licensing rules, regulations, or forms.
E. On or before January 1, 1992, each agency required to review, approve, issue, or renew licensing for any business undertakings, projects, or activities shall designate an officer or employee of the agency to act as business licensing liaison with the office to effectuate the purposes of this Section. The business licensing liaison shall perform, but shall not be limited to the performance of the following functions:
(1) Schedule, with the office, any conferences provided for in this Section.
(2) Determine, upon the request of the applicant or the office, the most current status of an application for a license or the renewal thereof, the reasons for delay in the licensing process, if any, and the action required to end the delay. He shall timely notify the applicant or the office of his determination.
(3) Attempt to resolve any dispute which may arise concerning the licensing process.
F. On or before July 1, 1992, the office shall begin activities as a clearinghouse for state business licensing information and shall perform the following functions:
(1) Obtain information for members of the business community and persons seeking to establish a business regarding all licenses required by state agencies to begin or continue a business in the state.
(2) Assist applicants in the clarification of licensing requirements and standards.
(3) Provide application forms, where practical.
(4) Arrange, in its discretion, informal conferences between the applicant and state agency to clarify licensing requirements or standards, the nature and scope of the agency's interest, and the standards and conditions which the applicant must meet.
(5) Assist applicants in the preparation of application forms.
(6) Provide guidance to the applicant in relation to his license application.
(7) Maintain, as the office deems necessary, ongoing monitoring of the licensing review process to determine the current status of a particular application.
(8) Generally coordinate the various aspects of the licensing review process and the compilation of data and other required submissions.
G. All state agencies are hereby directed to cooperate fully with the office to ensure implementation of and compliance with the provisions of this Section.
H. No provision of this Section shall excuse or be construed to excuse any applicant using the services of the office from full compliance with any licensing requirements or shall relieve him from any penalties, fines, or any other liabilities related to such requirements.
I. The department, office, or any officer or employee thereof shall make a good faith effort to supply all relevant information but shall be held harmless for any loss or damage resulting from their failure to supply relevant information or their transmittal of erroneous information, unless such loss or damage results from intentional acts or acts of gross negligence.
J. The department shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Section.
Acts 1991, No. 1053, §2, eff. July 29, 1991; Acts 2008, No. 127, §2.
NOTE: See Acts 1991, No. 1053, §4.
Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
A. The attorney general shall give his opinion in writing upon all questions of law when required by the governor, the state auditor, or the state treasurer. He shall consult with and advise the district attorneys on all matters pertaining to the duties of their offices whenever requested by them.
B. The attorney general shall, within thirty days of receipt of a request, give his opinion in writing upon all questions of law when requested by any state board, agency, or commission or by any political subdivision pursuant to Subsection C, except parish and municipal governing authorities.
C. A state board, agency, commission or political subdivision, except parish and municipal governing authorities, shall request an opinion of the attorney general whenever its counsel advises that the public bid law of this state is not applicable to the particular state board, agency, commission, or political subdivision, except parish and municipal governing authorities. No state board, agency, commission, or political subdivision, except parish and municipal governing authorities, shall act in accordance with its attorney's advice that the public bid law of the state is not applicable to the particular body until an attorney general's opinion is rendered and received.
Amended by Acts 1975, No. 351, §1.
A. The attorney general of the state of Louisiana, within six months from the date justices of the peace and constables take office and once a year thereafter, shall conduct courses of training and education for persons elected to full terms to the offices of justice of the peace and constable. Such courses of training shall be known as the Justice of the Peace Training Course, which may be conducted in various sections of the state at places designated by the attorney general.
B. Newly elected justices of the peace and constables must attend the first training course available after they take office. Every justice of the peace and constable shall attend at least one of the training courses every other year, and a justice of the peace or constable who fails to do so shall not earn or receive state supplemental pay for his office until he attends a course and receives a certificate of completion from the attorney general.
C. Repealed by Acts 1997, No. 598, §1.
D. The attorney general may use the facilities, when available, of the public buildings of the state, including the capitol building, the universities, colleges, junior colleges, and the courthouses, to hold such courses of training. The attorney general, in his discretion, may also provide such training course for any new justice or constable who is filling the unexpired term of any justice or constable who has vacated his office. These courses may be used as emergency measures only, and the applicant must present in writing to the attorney general his reasons for having missed the general course offered within the six months after his taking office.
E. The attorney general shall prescribe the course of training to be conducted, which shall include as much as practicable of justice of the peace venue, jurisdiction, elements of a cause of action, limitation of actions, conduct of trials, trial demonstrations, the duties, functions, and responsibilities of their respective offices, and such other subject matter as he may prescribe.
F. The attorney general may select as instructors in these courses of training any lawyer, judge, law professor, or senior law student of this state, and may seek the aid and advice of the bar associations and judges associations for this purpose.
G. At the conclusion of the Justice of the Peace Training Course, the attorney general shall present to each justice of the peace and constable who has attended the full course a certificate of completion prepared by him and bearing his signature.
Added by Acts 1970, No. 215, §1; Acts 1995, No. 941, §1; Acts 1995, No. 1237, §2; Acts 1997, No. 598, §1.
The attorney general may designate a particular named assistant, special counsel or deputy to act for him and in his place at meetings of and in connection with the actions, transactions, functions and duties of agencies, boards, commissions or other political subdivisions of the state, or any subdivision thereof, including public districts and authorities.
Added by Acts 1974, No. 398, §1.
Each attorney employed on a contractual basis by the attorney general pursuant to R.S. 49:251.2, shall submit his fee for professional services by sworn affidavit. The affidavit shall contain a detailed statement of the number of hours actually worked, giving the dates and time of day and a description of the work performed. No contract fee shall be paid unless submitted by affidavit as provided herein.
Added by Acts 1982, No. 848, §3.
A. The attorney general of the state of Louisiana, within one year from the date any justice of the peace takes office and once a year thereafter, shall conduct courses of training and education on arrest warrants for persons elected to full terms to the offices of justice of the peace. Such courses of training shall be known as the Attorney General's Arrest Warrants Course for Justices of the Peace, which may be conducted in various sections of the state at places designated by the attorney general.
B. By December 31, 2010, all justices of the peace shall have attended a special criminal arrest warrants course at any of the annual training conferences presented by the office of the attorney general and receive a certificate of completion before they are authorized to sign arrest warrants.
C. The attorney general shall continue to work with other organizations to provide quality training and will issue this training in conjunction with the Justices of the Peace Court Association.
D. Justices of the peace shall be notified of the courses by mail and the information about the courses shall be posted on the website of the attorney general.
E. The Attorney General's Arrest Warrants Course for Justices of the Peace shall be sponsored by the office of the attorney general, and shall be a course of training included in the Justice of the Peace Training Course.
F. The courses shall be taught by assistant attorneys general and other qualified professionals experienced in the preparation and issuance of arrest warrants. Training materials on the subject matter shall be disseminated to the attendees.
G. The office of the attorney general shall purchase the latest editions of the Louisiana Law Enforcement Handbook from the Louisiana District Attorneys Association and be utilized for the training sessions. A copy of the Louisiana Law Enforcement Handbook shall be given to each justice of the peace attending the training course.
H. Each justice of the peace that attends and completes the course shall receive a certificate of completion signed by the attorney general.
I. The office of the attorney general shall keep a record of each justice of the peace who completes the Attorney General's Arrest Warrants Course for Justices of the Peace.
J. The Attorney General's Arrest Warrants Course for Justices of the Peace shall be provided every year along with the Justice of the Peace Training Course. Each justice of the peace shall have to attend this course every other year and receive a certificate of completion to have the authority to sign and issue criminal arrest warrants after December 31, 2010, as otherwise authorized by law.
K. Each justice of the peace, justice of the peace pro tempore, justice of the peace ad hoc special appointments, and each newly elected justice of the peace shall have to attend the Attorney General's Arrest Warrants Course for Justices of the Peace and receive a certificate of completion to have the authority to sign and issue criminal arrest warrants after December 31, 2010, as otherwise authorized by law.
L. The attorney general shall begin implementation of the Attorney General's Arrest Warrants Course for Justices of the Peace by January 31, 2010.
Acts 2009, No. 222, §1.
The Attorney General shall report to the legislature at the commencement of each regular session convening in even numbered years on all official business done by him during the preceding biennium. He shall specify the suits and prosecutions at which he attended, the number of persons prosecuted, the crimes for which and the parishes in which the prosecutions were had, the results thereof, and the punishments imposed.
He shall include in his biennial report an abstract of the annual reports of the several district attorneys, with such observations and statements as in his opinion the criminal jurisprudence and the proper and economical administration of the criminal law of the state shall warrant.
Amended by Acts 1964, No. 40, §2.
The Attorney General shall attend the legislature during its session, and shall give his aid and advice in the arrangement and preparation of legislative acts and documents, when required by either the senate or the house.
The Attorney General shall keep two sets of books or journals, which shall constitute the records of that office; one set shall contain a transcript of all the legal opinions given by him, and the other a statement of all the suits brought by him on behalf of the state; each set shall have an index.
The attorney general shall, upon the request of the governor, represent the state or any political agency or subdivision thereof, in any suit in any court involving the title to any land or real property belonging to the state or any of its political agencies or subdivisions, whether the title to said land or real property is vested in or appears in the name of the state or in the name of any of its political agencies or subdivisions.
The attorney general shall give his advice and aid to any registrar of voters, deputy registrar of voters, and/or any employees of a registrar of voters, whose official acts have been or are being inquired into, challenged or disputed before any federal court, federal grand jury, federal board, federal commission or federal official, and he shall represent any registrar of voters, assistant registrar of voters, or employee in any suit or prosecution instituted in a federal court which relates to the official conduct of his office, all without costs or expense to said registrar, deputy registrar and/or employee.
Amended by Acts 1958, No. 482, §1.
The attorney general shall not engage in the private practice of law during his term of office, but shall devote his full time to the duties of the office of the attorney general.
Amended by Acts 1952, No. 478, §1; Acts 1956, No. 125, §1; Acts 1960, No. 532, §1; Acts 1965, No. 61, §3; Acts 1969, No. 11, §6; Acts 1974, No. 433, §6; Acts 1979, No. 236, §7, eff. Sept. 1, 1979; Acts 1980, No. 376, §5, eff. Sept. 1, 1980; Acts 1981, No. 636, §8, eff. Sept. 1, 1981; Acts 1995, No. 846, §3, eff. Jan. 8, 1996.
A. Notwithstanding any other law to the contrary and in addition to any other powers, duties, or authority granted to the attorney general and the Department of Justice by the constitution and laws of the state, the attorney general shall represent the state and all departments and agencies of state government in all litigation arising out of or involving tort or contract.
B.(1) In all litigation whereby a state agency, board or commission, including levee boards, appoints, employs, or contracts private legal counsel to represent the state or a state agency, board or commission, including levee boards, pursuant to R.S. 39:1538, R.S. 42:262, R.S. 49:258, or this Section, the secretary of the department, or the head of the state agency, or the board or commission, including levee boards, shall consistently maintain accurate data on legal contracts, legal costs, and all final judgments, all of which shall be reported to the attorney general. At the same time as all final judgments are reported to the attorney general, they shall also be reported to the commissioner of administration, the Senate Committee on Finance, and the House Committee on Appropriations. The report shall be in writing or submitted electronically, as determined by the attorney general, and submitted quarterly. The attorney general, in consultation with the commissioner of administration, shall prepare and submit an annual report to the legislature no later than the first day of the regular session, and shall submit quarterly updates of the report to the division of administration, the Senate Committee on Finance, the House Committee on Appropriations, and the legislative fiscal office. The Department of Justice shall implement procedures to carry out the provisions of this Subsection no later than December 1, 2018.
(2) The attorney of record or the prevailing party shall submit a certified copy of the final judgment to the Senate Committee on Finance and the House Committee on Appropriations for the consideration of an appropriation to pay the judgment.
C. Notwithstanding any other law to the contrary, the attorney general, at his discretion, shall represent or supervise the representation of the interests of the state in any action or proceeding in which the constitutionality of a state law or of a resolution of the legislature is challenged or assailed. In all other proceedings in which the constitutionality of a law is assailed, the attorney general shall be served notice or a copy of the pleading. The attorney general, at his discretion, shall be permitted to present, represent, or supervise the representation of the state's interest in the proceeding if the proceeding is in accordance with Code of Civil Procedure Articles 855.1 and 1845 and Code of Criminal Procedure Article 62(D). In any civil proceeding challenging the constitutionality of a law, the allegations of unconstitutionality shall be contained in a pleading as defined in Code of Civil Procedure Article 852.
D. In all litigation referenced in Subsection A of this Section, the governor, the secretary of the department, or head of the state agency as the case may be, and the attorney general shall have authority to determine the purposes of the state, the department, or the state agency, as the case may be, to be served by the litigation or by the making of an offer or the acceptance of an offer to settle or compromise such litigation.
E. Nothing in this Section, in R.S. 49:258, and in Chapter 16-A of Title 39 of the Louisiana Revised Statutes of 1950 shall prohibit any department of state government from employing a general counsel and such other attorneys as may be necessary to provide legal consultation, representation, and such other legal services as are not provided for under such provisions of law. However, all private legal counsel shall be chosen only in accordance with the provisions of R.S. 49:258, and subject to the authority granted to the attorney general by Article IV, Section 8 of the Constitution of Louisiana.
F. Nothing in this Section or in R.S. 39:1533 shall in any way impair, limit, or modify the rights and obligations of any insurer under any policy of insurance nor shall it affect any claims or suits handled pursuant to R.S. 39:1527 et seq.
G.(1)(a) Pursuant to constitutional and statutory authorities granted him, and upon the written request of an agency of the state, the attorney general may undertake debt collection activities to pursue debts owed the agency. Such activities shall be performed in accordance with the terms of a written agreement between the agency and the attorney general, and the attorney general shall receive as compensation an amount not to exceed twenty-five percent of the total monies recovered through activities undertaken pursuant to the agreement. In all such debt collections, the attorney general and the state agency shall determine whether the interests of the state are best served by litigation or by the making of an offer or the acceptance of an offer to settle or compromise litigation or debts owed the state. For purposes of this Subsection, "agency" or "state" shall mean the state, its departments, agencies, boards, and commissions.
(b) The provisions of this Paragraph shall not apply to authorities of the attorney general and collection activities provided for under R.S. 9:4751 et seq., R.S. 18:1400.6, R.S. 46:1 et seq., and R.S. 47:1516.1.
(c) The provisions of this Paragraph with respect to compensation to be paid the attorney general shall not apply to debt collection activities concerning student loans issued pursuant to the Federal Family Education Loan Program, 20 U.S.C. 1071 et seq., the Federal Perkins Loan Program, 20 U.S.C. 1087aa et seq., and all educational debts that are evidenced by a contract or negotiable instrument that provides for the payment of collection costs or attorney fees and are collected by the Louisiana Student Financial Assistance Commission or are collected on behalf of institutions under the jurisdiction of boards created by Article VIII of the Constitution of Louisiana.
(d) The provisions of Subsection G of this Section shall not be construed to authorize the attorney general to execute or enter into contingency fee contracts with private entities with respect to debt collections on behalf of the state.
(2) There is hereby established in the state treasury a special fund to be known as the Department of Justice Debt Collection Fund, hereinafter referred to as the "fund". The fund shall be comprised of monies received by the attorney general as compensation for any debt collection activities undertaken pursuant to the provisions of this Subsection or any other provision of law. Monies in the fund shall be subject to annual appropriation to the Department of Justice solely for support of debt collection activities and general operating expenses. Monies so appropriated shall be used to supplement the department's budget and shall not be used to displace, replace, or supplant appropriations from the state general fund for operations of the department below the level of state general fund appropriation for the foregoing year. All unencumbered and unexpended monies in the fund at the end of the fiscal year shall remain in the fund. Monies in the fund shall be invested by the treasurer in the same manner as those in the state general fund, and any interest earned on such investment shall be deposited in and credited to the fund.
Acts 1988, No. 448, §5, eff. July 1, 1988; Acts 2005, No. 435, §2, eff. July 11, 2005; Acts 2006, No. 611, §1; Acts 2018, No. 627, §2; Acts 2019, No. 362, §8, eff. June 11, 2019; Acts 2024, 2nd Ex. Sess., No. 12, §3.
Notwithstanding the provisions of any other law to the contrary and specifically the provisions of any law that authorizes the state or a state agency to appoint, employ, or contract for private legal counsel to represent the state or a state agency, including but not limited to the provisions of R.S. 42:261, 262, and 263, and R.S. 40:1237.1(E), any appointment of private legal counsel to represent the state or a state agency shall be made by the attorney general with the concurrence of the commissioner of administration in accordance with the following procedure:
(1) All attorneys appointed as private legal counsel to represent the state or a state agency shall meet or exceed written minimum qualifications and all appointments shall be made in accordance with a written appointments procedure, both of which shall be established by the attorney general and the governor, or their designees. The commissioner of administration shall participate in the preparation of the minimum qualifications and the appointment procedure. The minimum qualifications and the appointments procedure shall be published at least annually in the Louisiana Bar Journal or such other publication as will reasonably assure dissemination to the membership of the Louisiana State Bar Association. The exercise of the authority provided in this Section shall not be subject to the Administrative Procedure Act.
(2) All appointments of private legal counsel representing the state or a state agency that are in effect on the effective date of this Section shall be reviewed to ensure that such counsel satisfy the minimum qualifications provided for in Paragraph (1) of this Section and all such changes in or terminations of such appointments shall be made as are necessary to ensure such compliance.
(3) For the purposes of this Section, "state agency" means any department, board, commission, agency, office, special district, authority, or other entity of the state, but does not include the Public Service Commission or the State Bond Commission or any political subdivision of the state, as defined by Article VI of the Constitution of Louisiana, or any entity of such political subdivision.
Acts 1988, No. 448, §5, eff. July 1, 1988; Acts 1990, No. 946, §1; Acts 1992, No. 385, §2.
A. There is hereby established in the state treasury a special fund to be known as the Department of Justice Legal Support Fund, hereinafter referred to as the "fund". The fund shall be comprised of proceeds recovered by the attorney general on behalf of the state from court judgments, settlements, fines, fees, forfeitures, and penalties; from the recovery or award of any attorney fees as provided in R.S. 42:262; or from proceeds recovered by the attorney general from any other source, which revenues are received by the attorney general for deposit into the fund, except those judgments and recoveries made on or pertaining to any office of risk management litigation, litigation involving the Department of Conservation and Energy or the Department of Environmental Quality, or to the settlement funds, judgments, or final disposition of the claims asserted in State of Louisiana v. BP Exploration & Production, et al., consolidated with In Re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (E.D. La.) (hereinafter "DWH litigation"), as provided in Subsection D of this Section.
B.(1) After satisfying the requirements of the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall transfer into the fund each fiscal year from proceeds received as provided in Subsection A of this Section an amount which together with the balance in the fund as of each July first is sufficient to bring the balance in the fund to fifteen million dollars annually. Annual deposits into the fund shall not exceed a total of fifteen million dollars, and the balance of the fund shall not exceed fifteen million dollars. Any proceeds received as provided in Subsection A of this Section, after making the total annual deposit into the fund of fifteen million dollars, shall be deposited into the state general fund.
(2) The attorney general shall notify the state treasurer, the Joint Legislative Committee on the Budget, and the commissioner of administration immediately upon receipt of any proceeds received as provided in Subsection A of this Section.
C.(1) The monies in the fund shall be annually appropriated to the Department of Justice solely for the purposes of defraying the costs of expert witnesses, consultants, contract legal counsel, technology, specialized employee training and education, and public education initiatives. Monies in the fund may also be used to defray the expense of employees hired, including attorneys and support staff, and to pay related expenses to represent the state.
(2) No employee salary or wages or other expenses, to be paid from the recovery or award of any attorney fees as provided in R.S. 42:262, including the recovery or award of any attorney fees resulting from the Court Order [Regarding Payment of the Gulf States' Attorneys' Fees and Costs] (Rec. Doc. 15441) issued in the DWH litigation on October 5, 2015, shall be paid by the Department of Justice, until funding is approved by the Joint Legislative Committee on the Budget.
(3) Each fiscal year, monies shall be deposited into the fund in an amount sufficient to bring the unencumbered balance in the fund to fifteen million dollars.
D. Notwithstanding the provisions of Subsection A of this Section, no proceeds shall be deposited into the fund from court-awarded judgments and settlements involving the Department of Conservation and Energy as specified in R.S. 30:136.3(B)(1), nor any judgments, settlements, or recoveries which are designated for credit to the Hazardous Waste Site Cleanup Fund, the Environmental Trust Dedicated Fund Account, or any other funds administered by the Department of Environmental Quality under the Environmental Quality Act. Notwithstanding the provisions of Subsection A of this Section, no proceeds shall be deposited into the fund from court-awarded judgments and settlements involving the Department of Transportation and Development. Notwithstanding the provisions of Subsection A of this Section, no proceeds shall be deposited into the fund from judgments, settlements, or recoveries arising from the DWH litigation, including but not limited to litigation expenses, assessment costs, court costs, or attorney fees.
E. All unexpended and unencumbered monies in the fund at the end of a fiscal year shall remain in the fund. Monies in the fund shall be invested by the treasurer in the same manner as those in the state general fund, and any interest earned on such investment shall be deposited in and credited to the state general fund.
Acts 2004, No. 586, §1, eff. June 29, 2004; Acts 2005, No. 420, §1, eff. July 1, 2006; Acts 2010, No. 1033, §1, eff. July 1, 2010; Acts 2014, No. 796, §2, eff. June 19, 2014; Acts 2016, No. 601, §4, eff. June 17, 2016; Acts 2018, No. 612, §16, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020; Acts 2023, No. 150, §20, eff. Jan. 10, 2024; Acts 2024, No. 723, §6, eff. July 1, 2025.
A. It is the policy of the state that where the state finds it necessary to displace competition, occupational licensing boards shall use the least restrictive regulation to protect the public from present, significant, and substantiated harms that threaten public health, safety, or welfare. Active state supervision of occupational regulatory actions is a method of ensuring adherence to this clearly articulated state policy. By establishing this program, the state intends to ensure that participating boards and board members will avoid liability under federal antitrust laws.
B. In addition to any other powers, duties, or authority granted to the attorney general and the Department of Justice by the constitution and laws of this state, the attorney general shall have the authority to enter into an agreement to provide active supervision of proposed occupational regulations and proposed anti-competitive disciplinary actions of a state occupational licensing board. Such active supervision shall be performed in accordance with this Section and the terms of the written agreement between the occupational licensing board and the Department of Justice. Participating licensing boards shall pay to the Department of Justice annually the amount set forth in the agreement. The dollar amount set forth in the agreement shall be equal to or less than the number of licensees multiplied by ten.
C. Participation in the Department of Justice Occupational Licensing Review Program established in this Section is voluntary and optional. An occupational licensing board that chooses to participate in the program established in this Section is not required to comply with the requirements of the Occupational Board Compliance Act, R.S. 37:41 et seq.
D.(1) Prior to submitting a notice of final regulation to the proper legislative oversight committees, the occupational licensing board shall submit any occupational regulation it seeks to promulgate, together with a report of any public comments received, agency response to comments, and the statement of proposed fiscal impact, to the Department of Justice.
(2) The Department of Justice shall review the substance of each proposed occupational regulation submitted to ensure compliance with clearly articulated state policy pursuant to this Section and may also consider any other applicable law.
(3) Following the review, the Department of Justice shall do one of the following:
(a) Approve the proposed occupational regulation and authorize the occupational licensing board to proceed with promulgation.
(b) Disapprove the proposed occupational regulation and require the occupational licensing board to revise and resubmit the occupational regulation for approval.
(4) The decision by the Department of Justice shall be communicated in writing with an explanation of the basis for the decision.
(5) Compliance with this Subsection shall not be required for emergency rules adopted pursuant to the Administrative Procedure Act, but emergency rules shall not be used to circumvent active supervision of proposed occupational regulations. Nothing in this Subsection shall prevent the occupational licensing board from electing to submit an emergency rule that meets the definition of occupational regulation for review.
E.(1) Prior to taking an anti-competitive disciplinary action, the occupational licensing board shall submit the proposed action and supporting documentation to the Department of Justice.
(2) The Department of Justice shall review the substance of the proposed disciplinary action to ensure compliance with clearly articulated state policy pursuant to this Section and may also consider any other applicable law.
(3) Following the review, the Department of Justice shall do any of the following:
(a) Determine that the proposed disciplinary action does not implicate any market competition interests.
(b) Approve the proposed disciplinary action as a proper exercise of state regulatory action in accordance with clearly articulated state policy, notwithstanding possible impact on market competition, and authorize the occupational licensing board to proceed with imposing the disciplinary action.
(c) Disapprove of the proposed disciplinary action and decline to authorize its imposition.
(4) The decision by the Department of Justice shall be communicated in writing with an explanation of the basis of the decision. This written explanation shall be considered confidential until the disciplinary action has become a final determination of the board.
(5) All records, writings, accounts, letters, exhibits, data, pictures, drawings, charts, reports, or photographs shall be considered to be in the custody and control of the occupational licensing board, and all exemptions contained in R.S. 44:1 et seq. or any other provision of law shall continue to apply.
F.(1) There is hereby established in the state treasury a special fund to be known as the Department of Justice Occupational Licensing Review Program Fund, hereafter referred to in this Section as "the fund".
(2) Notwithstanding any provision of law to the contrary, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from that fund to pay all of the obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall pay an amount into the fund equal to the amount of monies received by the attorney general from participating occupational licensing boards as compensation for the regulatory review activities undertaken pursuant to this Subsection.
(3) Monies in the fund shall be subject to annual appropriation to the Department of Justice solely for the support of occupational licensing board regulatory review activities and general operating expenses. Monies so appropriated shall be used to supplement the department's budget and shall not be used to displace, replace, or supplant appropriations from the state general fund for operations of the department below the level of state general fund appropriation for the foregoing year.
(4) All unencumbered and unexpended monies in the fund at the end of the fiscal year shall remain in the fund. Monies in the fund shall be invested by the treasurer in the same manner as those in the state general fund, and any interest earned on such investment shall be deposited in and credited to the fund.
G. For the purposes of this Section:
(1) "Active market participant" means an individual or entity that is any of the following:
(a) Licensed by the occupational licensing board to which they are appointed, including subspecialties licensed by that board.
(b) A provider of any service subject to the regulatory authority of that occupational licensing board.
(2) "Active supervision" shall include all of the following duties and powers:
(a) Independent review and evaluation of the substance of the proposed occupational regulation or the proposed anti-competitive disciplinary action, not merely the procedures followed to produce it.
(b) The ability to approve, reverse, veto, or modify a proposed occupational regulation or proposed anti-competitive disciplinary action to ensure it complies with state policy rather than merely a party's individual interests.
(c) The ability to obtain the information necessary to perform a proper evaluation of the occupational board's proposed occupational regulation or the proposed anti-competitive disciplinary action.
(d) A written decision outlining the reasons and rationale for approving, reversing, vetoing, or modifying the recommended action.
(3) "Occupational licensing board" means any state executive branch board, commission, department, or other agency that is all of the following:
(a) Regulating the entry of persons into, or regulating the conduct of persons within, a particular profession or occupation.
(b) Authorized to issue or revoke occupational licenses or registrations.
(c) Controlled by active market participants.
(4) "Occupational regulation" means a rule as defined in the Administrative Procedure Act that has reasonably foreseeable anti-competitive effects. Any license, permit, or regulation established by a parish, municipality, or a board not composed of a controlling number of active market participants is excluded.
H. The Department of Justice is authorized to promulgate rules and procedures as necessary to implement the program established by this Section.
I. Nothing in this Section is intended to restrict an occupational licensing board from requiring, as a condition of licensure or renewal of licensure, that an individual's personal qualifications include obtaining or maintaining certification from a private organization that credentials individuals in the relevant occupation.
J. The provisions of this Section shall not apply to the regulation of the practice of law.
Acts 2021, No. 399, §1.
A. The attorney general shall maintain a statewide Fugitive Apprehension Unit within the investigation division of the Department of Justice. The Fugitive Apprehension Unit shall be comprised of special agents who shall be P.O.S.T.-certified peace officers commissioned by the attorney general, intelligence analysts, and support personnel. The unit shall be responsible for apprehending fugitives and shall perform the following activities:
(1) Coordinate with and assist local, state, and federal law enforcement agencies including but not limited to the Department of Public Safety and Corrections, the office of state police, the office of probation and parole, sheriffs departments, police departments, the United States Marshals Service, the United States Immigration and Customs Enforcement, and other federal law enforcement agencies, to apprehend fugitives.
(2) Provide assistance to law enforcement agencies that are actively pursuing fugitives and individuals who have violated the terms and conditions of court-ordered electronic monitoring programs.
(3) Execute arrest warrants and make warrantless arrests as prescribed by law.
(4) Give priority to proactively targeting fugitives wanted for violent felony offenses, including murder, rape, armed robbery, and other heinous crimes.
(5) Establish or participate in fugitive task forces with other state or federal law enforcement agencies to address the need for increased resources in the apprehension of fugitives.
(6) Identify, pursue, and arrest any person who shall harbor, conceal, or aid a fugitive, knowing or having reasonable grounds to believe that the offender is a fugitive, and with the intent that the fugitive may avoid or escape from arrest, trial, conviction, or punishment.
B. The attorney general shall appoint and commission special agents who shall be P.O.S.T.-certified peace officers vested with all the powers conferred by law upon peace officers of this state.
Acts 2025, No. 264, §1.
The state treasurer shall be commissioned by the governor and before entering upon the discharge of the duties of his office, shall take and subscribe the oath prescribed by the constitution, which shall be indorsed on his commission. His commission shall not be issued by the governor until the bond and surety shall have been given.
Acts 1976, No. 428, §1, eff. July 31, 1976.
Repealed by Acts 1995, No. 846, §4, eff. Jan. 8, 1996.
The state treasurer shall keep a seal of office, which shall be used to authenticate all written papers, documents, and certificates from his office.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The state treasurer shall reside at the seat of government.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The state treasurer shall, within ten days after being officially informed of his election and before he is commissioned or enters on the discharge of the duties of his office, execute and deliver a faithful performance bond payable to the governor for the sum of fifty thousand dollars. Premiums of the bond shall be paid by the state.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The state treasurer shall have authority to administer oaths required and allowed by law in all matters touching the duties of his office.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The state treasurer shall:
(1) receive and safely keep all the monies of this state, not expressly required by law to be received and kept by some other person;
(2) disburse the public money upon warrants drawn upon him according to law, and not otherwise;
(3) keep a true, just, and comprehensive account of all public money received and disbursed, in books to be kept for that purpose, in which he shall state from whom monies have been received, and on what account; and to whom and on what account disbursed;
(4) keep a true and just account of each head of appropriations made by law, and the disbursements under them;
(5) give information in writing to either house of the legislature when required, upon any subject connected with the treasury, or touching any duty of his office; and
(6) perform all other duties required of him by law.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The state treasurer shall attend meetings of all state boards, agencies, retirement system boards, or other public bodies of which he is a member, whether ex officio or otherwise. However, the state treasurer is hereby authorized to designate the deputy state treasurer or any assistant state treasurer, as defined in Louisiana R.S. 36:765 through R.S. 36:768, or any senior staff member of the treasurer's office to represent the state treasurer at any such meeting, in which case any action taken or vote made by such representative shall carry the full force and effect as if made by the state treasurer.
Added by Acts 1981, No. 115, §1, eff. July 3, 1981; Acts 1989, No. 755, §1, eff. July 8, 1989.
A. All money received by the state or by any state board, commission, or agency shall be deposited immediately upon receipt in the state treasury, except that received:
(1) As a result of grants or donations or other forms of assistance when the terms and conditions thereof or of agreements pertaining thereto require otherwise.
(2) By trade or professional associations, including the Louisiana State Board of Cosmetology.
(3) By the employment security administration fund or its successor.
(4) By retirement systems or funds.
(5) By state agencies operating under authority of the constitution preponderantly from fees and charges for the shipment of goods in international maritime trade and commerce.
(6) By a state board, agency, or commission, but pledged by it in connection with the issuance of revenue bonds as provided by Section 6(C) of Article VII of the constitution, other than any surplus which is defined in the law authorizing such revenue bonds.
(7) By a levee district or political subdivision, unless the full faith and credit of the state is pledged to the payment of the bonds of the levee district or political subdivision.
B. Only such monies shall be available for expenditure by state agencies as are appropriated by the legislature or dedicated by the constitution.
C. Dedicated monies shall be credited by the state treasurer to the agency to which the dedication is made, but only so much thereof shall be available for expenditure in any fiscal year as is appropriated by the legislature for such fiscal year, except as to revenues dedicated by the constitution.
D. The funds covered by this Section are to be considered as a means of financing the operations of the agencies to which appropriated or dedicated, and expenditures shall be subject to the laws and regulations relating to budgeting by state agencies and the budgetary controls provided for by Title 39 of the Louisiana Revised Statutes of 1950, as amended, insofar as these laws and regulations are not inconsistent with the purposes of this Section.
E.(1) "State or state board, agency, or commission", as used in Subsection A of this Section, means any state office, department, board, commission, institution, division, officer, or other person or functional group authorized to exercise or that does exercise any functions of the government of the state.
(2) The term does not include:
(a) Offices and officers referred to in Article V of the Constitution of Louisiana.
(b) The legislature, or any officer, agency, or employee thereof.
(c) Any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions.
(d) The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Supervisors of the University of Louisiana System, and the colleges and universities supervised and managed by each.
(e) The Board of Supervisors of Community and Technical Colleges, and the community and technical colleges supervised and managed by such board.
(f) Any public trust created under R.S. 9:2341 through 2347.
F. "Political subdivision" as used in Paragraph (7) of Subsection A of this Section means any judicial circuit, judicial district, office of public defender within a judicial district, school board, parish, municipality, or any other unit of local government, including a special district authorized by law to perform governmental functions. The term special district includes a parishwide special district, a special district within a parish, multi-parish districts, and all port authorities, boards, commissions and districts.
G. The state or any state board, agency, commission, or political subdivision may use commercial banks or other financial institutions, each of which shall have its principal office located in this state, to provide lock box services, as that term is generally understood in the national financial markets, for the collection of revenues. The use of lock box services may include the handling of tax returns or records, as such are characterized in R.S. 47:1508, by the financial institution providing such service without such service being a violation of R.S. 47:1508 regarding the confidential nature of such records. Nothing in this Subsection shall be construed as making any returns of taxpayers or records pertaining to those returns a matter of public record as such returns or records are specifically excluded by Article VII, Section 12 of the Constitution of Louisiana.
H. The state treasurer shall submit to the governor and the legislature a monthly report of all revenues received for each state tax, license, and fee, designated by agency on forms to be provided by the legislative fiscal office. The report shall be due on the fifteenth day of the month after the month in which the revenues were received.
Acts 1976, No. 428, §1, eff. July 31, 1976. Amended by Acts 1978, No. 489, §1; Acts 1987, No. 673, §1; Acts 1989, No. 836, §3, eff. July 1, 1989; Acts 1997, No. 489, §2, eff. July 1, 1997; Acts 2003, No. 756, §1.
A.(1) There is hereby created an account in the state treasury to be known as the Comprehensive Capital Outlay Budget Acts Interest Earnings Account, hereafter referred to as the "Account".
(2) As of April 1, 1987, the balance of the account in excess of two million dollars shall be credited to the state general fund.
(3) After July 1, 1983, interest earned from the investment of general fund monies appropriated in any capital outlay act, and from the investment of general obligation bond or note proceeds appropriated in any capital outlay act, and from the investment of monies in the account shall be credited to the state general fund; however, from April 1, 1987, to July 1, 1987, should the balance in the account fall below two million dollars due to allocations for cost over-runs, all interest earned shall be credited to the account until a balance of two million dollars is restored. After July 1, 1987, should the balance in the account fall below five million dollars due to allocations for cost over-runs, all interest earned shall be credited to the account until a balance of five million dollars is restored.
B. If it is determined by the agency, political subdivision, board, or director of the facility planning and control section of the office of the governor that the funds appropriated in any capital outlay budget act are not sufficient to complete the projects contained therein through unavoidable deficiencies in appropriation, including administrative and legal requirements, the commissioner of administration, subject to approval of the Joint Legislative Committee on the Budget, may direct the use of monies in the fund, not to exceed an aggregate of fifteen million dollars in any one fiscal year, for the purpose of completing the projects contained in any capital outlay budget act and such money shall be deemed appropriated in specific amounts necessary for such purpose; provided that such appropriations for administrative purposes shall be processed using existing procedures.
C. All appropriations made pursuant to this Section are made as additions to funds for previously authorized projects, and for accounting purposes shall be included in the account of the previously authorized project.
Added by Acts 1983, No. 307, §1; Acts 1986, 1st Ex. Sess., No. 23, §1, eff. Dec. 24, 1986.
{{NOTE: SEE ACTS 1986, 1ST EX. SESS., NO. 23, §2.}}
Repealed by Acts 1994, 3rd Ex. Sess., No. 37, §1.
A. Notwithstanding any other law to the contrary and except as provided by the Constitution of Louisiana and Subsection B of this Section, all special funds in the state treasury are abolished and any and all laws of the state which dedicate or otherwise provide for the use of money required by the Constitution of Louisiana to be deposited in the state treasury are superseded on the effective date of this Section. The treasurer is therefore authorized and directed to transfer the balances of the abolished funds and deposit them into the general fund. Notwithstanding laws requiring certain money to be deposited in and credited to such abolished special funds, the treasurer, upon receipt of such money, and after compliance with the requirements of Article VII, Section 9(B) of the constitution relative to the Bond Security and Redemption Fund, shall deposit the money in and credit it to the general fund. All interest earned on investment of the money shall be deposited in and credited to the general fund.
B. This Section shall not apply to or affect the laws which dedicate or otherwise provide for the use of the following money or the laws which provide for the following special funds in the state treasury:
(1) Special funds or dedications of money established in or protected by the Constitution of Louisiana or special funds containing money not required by the constitution to be deposited in the state treasury.
(2) Special funds established in the treasury or dedications of money established solely as a requirement of the terms and conditions of, or as a requirement of an agreement pertaining to, the following:
(a) Grants, donations, or other forms of assistance.
(b) Court or regulatory agency orders or judgments.
(c) Contracts of the state or of its agencies, boards, or commissions, including contracts related to the issuance of bonds, notes, and other indebtedness.
(d) A contract concerning the satisfaction of final judgments, settlements, or compromises.
(3) Special funds and dedications of money provided by law for money received by or on behalf of a state board, agency, authority, or commission which is mainly composed of and represents members of a trade, business, or professional association from fees or assessments paid by the members of the trade, business, or professional association and which expends the money on market or product research and development.
(4) Special funds and dedications of money provided by law funded by assessments or surcharges for the satisfaction of final judgments, settlements, orders, awards, or compromises.
(5) Special funds and dedications of money provided by law related to the judiciary.
(6) Any funds including interest earned thereon which are paid or deposited on a voluntary basis by persons or other private legal entities for their protection or benefit.
(7) The Hazardous Waste Site Cleanup Fund created and maintained pursuant to R.S. 30:2205 and the Environmental Trust Dedicated Fund Account created and maintained pursuant to R.S. 30:2015.
C. This Section shall not apply to or affect R.S. 47:5001 et seq. relative to the State Tax Revenue Limit.
D. This Section shall not apply to the Motorcycle Safety, Awareness, and Operator Training Program Dedicated Fund Account as provided in R.S. 32:412(C)(2), the Proprietary School Student Protection Dedicated Fund Account as provided for in R.S. 17:3141.16.
E. Not later than March first of each fiscal year, the treasurer shall submit to the Joint Legislative Committee on the Budget and the legislative fiscal office a report on special funds which shall include but not be limited to a listing of all currently authorized special funds created by the legislature, together with the legal citation, date of creation, cash balance in the fund as of the end of the prior fiscal year, and a notation of whether or not any revenue or expenditure activity has occurred during the prior fiscal year.
Added by Acts 1988, 1st Ex. Sess., No. 5, §1, eff. July 1, 1988; Acts 1988, No. 815, §2, eff. July 18, 1988; Acts 1989, No. 392, §2, eff. June 30, 1989; Acts 1989, No. 642, §2; Acts 1989, No. 798, §2; Acts 1995, No. 1127, §1; Acts 2009, No. 138, §2; Acts 2018, No. 612, §16, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.
A. The treasurer is authorized to use, loan, or borrow any available state cash in the state treasury from any fund to make payments from the state general fund that are authorized by law. Any funds so used, loaned, or borrowed during a fiscal year shall be repaid no later than August fifteenth of the calendar year following the end of that fiscal year.
B. At each scheduled meeting of the Revenue Estimating Conference, as provided in R.S. 39:26, the state treasurer shall provide, in a format prescribed by the conference, a fiscal status report to contain, without limitation, the level of interfund borrowing authorized herein.
C. This Section shall not apply to or otherwise provide for the use of the money in the Louisiana Education Quality Trust Fund, also known as the Kevin P. Reilly, Sr. Louisiana Education Quality Trust Fund, Article VII, Section 10.1 of the Constitution of Louisiana and the Transportation Trust Fund, Article VII, Section 27 of the Constitution of Louisiana.
Acts 1989, No. 836, §3, eff. July 1, 1989; Acts 1992, No. 11, §1, eff. June 20, 1992; Acts 1993, No. 1023, §1; Acts 2000, 2d Ex. Sess., No. 5, §1, eff. June 30, 2000, and §2, eff. July 1, 2001; Acts 2013, No. 56, §4, eff. May 29, 2013.
NOTE: See Acts 1989, No. 836, §6.
NOTE: See Acts 2000, No. 46, second §2, eff. June 28, 2000, relative to applicability of this Section and Acts 2000, 2d Ex. Sess., No. 5, §3, which repeals and voids Acts 2000, No. 46, §2.
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A. The legislature hereby finds that due to the number of special funds in the state treasury that dedicate state revenue, it is difficult for the governor, the legislature, and the public to assess the benefit of the activities supported by such funds. In order to address this situation, the legislature finds that a system of transparency and accountability needs to be established and that the authority for such funds should be routinely reviewed. Unless the recommendations resulting from the review conclude that the benefit of the activities funded by monies deposited in such fund warrants the continuation of this method of funding, the legislature should take such action as is necessary to eliminate such special funds and the dedication of state revenues to such activities. Further, inducing competition for funding from the state general fund will put all activities on an equal footing and will allow the governor and the legislature to better prioritize funding.
B.(1) No later than August 1, 2020, the division of administration shall submit to the Joint Legislative Committee on the Budget a plan to review all special funds and dedications that contain fees and self-generated revenues of the special dedicated funds in law as of the date of the submission. The Joint Legislative Committee on the Budget shall refer the plan to the Dedicated Fund Review Subcommittee of the Joint Legislative Committee on the Budget, hereinafter referred to as "the subcommittee". The subcommittee shall meet to review and to make recommendations, as provided in this Section, on each dedicated fund that contains fees and self-generated revenues prior to the thirtieth calendar day prior to the start of the 2021 Regular Session of the Legislature.
(2) On or before August 1, 2021, and on or before August first of the first year of every term of the legislature, the division of administration shall submit a list of all dedicated funds and statutorily dedicated fund accounts in law as of the date of the submission of the list, to the Joint Legislative Committee on the Budget. The Joint Legislative Committee on the Budget may review and amend the list prior to submission to the subcommittee. The list shall be referred to the subcommittee which shall develop a plan to review each item on the list. The subcommittee shall ensure that each item is reviewed at least once every four years.
C.(1) The subcommittee, acting on behalf of the Joint Legislative Committee on the Budget, shall notify the commissioner of administration and the treasurer of the date each fund is scheduled for review. The commissioner of administration shall notify any agency or entity receiving an appropriation from a special fund, dedication, or statutorily dedicated fund specified in the schedule of the date the fund is scheduled for review.
(2)(a) No later than thirty days after the approval of the plan, the treasurer shall submit to the subcommittee a summary of the terms, sources, conditions, and uses of the special fund as required by law and a five-year history of the following:
(i) Sources and amounts of revenue into the fund.
(ii) Amounts appropriated or allocated from the fund and the recipients of each appropriation or allocation.
(iii) Investments and earnings of the fund.
(iv) Annual balance in the fund.
(b) The treasurer or his staff shall be in attendance and available to provide information at any hearing that the subcommittee holds on any special fund.
(3)(a) The head of each agency or entity receiving an appropriation or allocation from a special dedicated fund, dedication, or statutorily dedicated fund account scheduled for review that fiscal year shall submit to the subcommittee the following:
(i) Five-year history of the amount of the appropriation or allocation of the fund to the agency or entity.
(ii) Detailed use of the fund in each of the previous five years in which the agency or entity received an appropriation or dedication from the fund, including the total amount of funding for each activity financed with the fund and the amount of financing for the activity from the fund.
(iii) Outcomes or other relevant performance information for any activity receiving financing from the fund.
(iv) If dedication is a fee, the cost of providing the service offset by the fee.
(b) The head of the agency or entity, or his staff, shall be in attendance and available to provide information at any hearing on a special fund received by their agency or entity.
(4) The subcommittee shall allow public comment on each special fund included in the plan.
(5) The subcommittee may request any other information which the subcommittee believes is necessary in conducting the review of the special funds.
D.(1) Following the review of each special fund as required in this Section, members of the subcommittee shall offer motions as are necessary to produce a report of findings and recommendations on each item reviewed by the subcommittee. Such findings and recommendations may include but are not limited to no change to the fund, a change to the fund's revenue source, a change in the amount dedicated to the fund, a change in the use of the fund, or elimination of the fund.
(2) No later than thirty days prior to the beginning of the regular session of the legislature, the subcommittee shall report the findings and recommendations to the Joint Legislative Committee on the Budget for review. The Joint Legislative Committee on the Budget may recommend modifications to the report submitted by the subcommittee, however, such modifications shall be noted in the report along with any original findings or recommendations of the subcommittee.
E. The Joint Legislative Committee on the Budget shall report the findings and recommendations of each review to the presiding officer of each house of the legislature for electronic distribution to each member of the legislature, the governor, the treasurer, and the commissioner of administration.
F. This Section shall not apply to or affect the laws which dedicate or otherwise provide for the use of the following money or the laws which provide for the following special funds in the state treasury:
(1) Special funds or dedications of money received by the state or by any state board, agency, or commission which is protected by the Constitution of Louisiana and laws effectuating such special funds and dedications or special funds containing money which is not required by the constitution to be deposited in the state treasury pursuant to Article VII, Section 9(A) of the Constitution of Louisiana.
(2) Special funds in the state treasury established solely as a requirement of the terms, conditions, or requirements of:
(a) Grants, donations, or other forms of assistance.
(b) Court or regulatory agency orders or judgments.
(c) Contracts of the state or of its agencies, boards, or commissions, including contracts related to the issuance of bonds, notes, and other indebtedness.
(3) Special funds and dedications of money provided by law for money received by or on behalf of a state board, agency, authority, or commission which is mainly composed of and represents members of a trade, business, or professional association from fees or assessments paid by the members of the trade, business, or professional association and which expends the money on market or product research and development.
(4) Special funds and dedications of money provided by law related to the judiciary.
(5) Special funds and dedications of money provided by law related to retirement funds.
Acts 2009, No. 492, §1, eff. July 1, 2009; Acts 2017, No. 355, §2, eff. June 22, 2017; Acts 2018, No. 612, §16, eff. July 1, 2020; Acts 2019, No. 404, §§1, 11, 16, and 20, see Act for special effective date; Acts 2020, No. 119, §1, eff. July 1, 2020.
NOTE: See Acts 2019, No. 404, §§16 and 20, regarding the repeal of certain changes made to R.S. 49:308.5(B)(3) and (4) in Acts 2018, No. 612.
NOTE: See Acts 2018, No. 612 and Acts 2019, No. 404 providing for the effects of the conversion of certain dedicated funds to special statutorily dedicated fund accounts.
A.(1) The division of administration shall establish a procedure for periodic review, analysis, and evaluation that ensures that fees established to fund specific activities are generating funding in direct proportion to expenditures associated with such activity.
(2) The review, analysis, and evaluation shall be performed by House and Senate staff and shall include historical data and trends. It shall specifically consider revenue generated through the fee, expenditures incurred for the activity, the ratio of revenue to expenditures, the units of service and annual cost per unit of service. It may include any other information deemed relevant and appropriate by the commissioner of administration.
B.(1) Beginning October 1, 2010, and every year thereafter, the division of administration shall develop a plan and schedule for the review of fees. The plan and schedule shall be submitted to the Joint Legislative Committee on the Budget for its review and approval. The plan may be adjusted annually as needed.
(2) Each plan and schedule shall provide for the review of not more than twenty-five percent of the fees. The plan and schedule shall specify the fees that are to be reviewed. A fee shall be reviewed at least once in a time period of five years.
(3) The Joint Legislative Committee on the Budget, hereinafter referred to as "the committee", shall conduct a review of the fees as specified in such plan and schedule. Such review may include the division of administration's evaluation and any other information deemed appropriate by the committee.
(4) No later than February 15, 2011, and every year thereafter, the committee shall report the findings of each review to the speaker of the House of Representatives, the president of the Senate, the governor, the commissioner of administration, and the chairman of the Commission on Streamlining Government. Such report shall include findings regarding a policy determination as to the appropriate apportionment of funding between the general public and the user group for the activity and whether the fee is set at the appropriate amount to fund in whole, or in part, the activity.
(5) In the event the committee finds that the fee is not set at the appropriate amount, the head of the agency shall have sixty days to provide a response to the committee on actions planned or taken to address the finding.
C. Each agency that charges fees which are part of a budget unit's operating budget in the General Appropriation Bill shall post on its website the data and information used to calculate the fee and the method of calculation. The agency shall also post any audits regarding the fee as well as any review and findings of the committee.
Acts 2010, No. 1001, §2, eff. July 1, 2010.
The state treasurer shall endorse on each warrant its payment and the date of payment.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The state treasurer shall pay over all money due to any person or corporation by the state, into their own hands, or by order from them, and in no other manner whatever, any order of seizure or attachment to the contrary notwithstanding.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The state treasurer shall have free access to the books of all offices of the state, for the inspection of all books, accounts and papers which may concern the duties of his office.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The assistant state treasurer, in the absence of the state treasurer, or in case of his inability to act, or under his direction, shall have the authority to perform all the acts and duties of the treasurer's office. Before entering upon the discharge of the duties of his office he shall take and subscribe the oath required by the constitution, and execute a faithful performance bond in the sum of fifty thousand dollars, payable to the governor. Premiums of this bond shall be paid by the state.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The assistant state treasurer shall receive a salary as determined by the state treasurer.
Acts 1976, No. 428, §1, eff. July 31, 1976.
A. Money shall be drawn from the state treasury only pursuant to an appropriation made in accordance with law, except as otherwise provided by the Constitution of Louisiana.
B.(1) Notwithstanding any other provision of law to the contrary, including any provision of any appropriation act or capital outlay act, the appropriations from the Transportation Trust Fund enacted for a specific fiscal year shall have equal priority, regardless of whether such appropriations are contained in the general appropriation act, the capital outlay act, or any other appropriation act.
(2) At any point in time, if revenues in the state treasury credited to the Transportation Trust Fund are insufficient to fully fund the warrants submitted for payment from the Transportation Trust Fund, the treasurer shall allocate money for the payment of a warrant on the basis of a ratio which shall be the amount that the appropriation bears to the total amount of the appropriations from the Transportation Trust Fund for the fiscal year.
(3)(a) Notwithstanding any other provision of law to the contrary, including any provision of any Appropriation Act or Capital Outlay Act, for any monies appropriated from the Transportation Trust Fund the attorney general shall do one of the following:
(i) Certify that such appropriation is for a purpose for which monies in the trust fund may be expended as limited by the provisions of Article VII, Section 27 of the Constitution of Louisiana.
(ii) Determine that such appropriation is not for such an authorized purpose.
(b) Such certification or determination by the attorney general must be made within seven days following final passage by both houses of the legislature of any bill which appropriates funds from the Transportation Trust Fund.
(c) The certification or other determination shall be transmitted to the governor, the Joint Legislative Committee on the Budget, the Joint Legislative Committee on Capital Outlay, the presiding officers of both houses of the legislature, and the chairmen of the House and Senate Committees on Transportation, Highways and Public Works.
Acts 1976, No. 428, §1, eff. July 31, 1976; Acts 1991, No. 384, §1, eff. July 1, 1991; Acts 1993, No. 1036, §1, eff. July 1, 1993; Acts 2005, No. 70, §1, eff. July 1, 2005.
All operating bank accounts of state agencies and all balances in the operating bank accounts shall be public funds until final disbursement is made therefrom.
Acts 1976, No. 428, §1, eff. July 31, 1976.
All banks selected as fiscal agents or depositories for the deposit of funds belonging to the state, or any state agency, shall pay at par and receive on deposit at par all checks and drafts drawn by or in favor of the state or state agency. The bank or banks chosen under a request for proposal process to enter into an agreement to act as the central depository bank may charge such reasonable fees for services rendered to the state treasurer's office as may be agreed upon from time to time. The state or any agency may elect to pay for services rendered either through compensating balances or through the assessment of service or activity charges, or any combination thereof, as may be agreed upon by the state or state agency and the fiscal agent or depository bank.
Acts 1988, No. 627, §2.
A.(1) The state, through any department, agency, board, commission, or other state entity hereinafter referred to as "state entity" may accept payment of any obligation such state entity is authorized to collect, including but not limited to taxes, fees, charges, licenses, service fees or charges, fines, penalties, interest, sanctions, stamps, surcharges, assessments, obligations, and any other similar charges or obligations to any state entity hereinafter referred to collectively as "state charges" by credit cards, debit cards, and any other forms of electronic payments approved by the treasurer as provided in this Section.
(2)(a) The state treasurer shall establish a fee for approved payment of transactions authorized by this Section for each card and any other forms of electronic payment and for each method of conducting transactions to be accepted. The fee shall be established as uniformly as possible. When accepting such cards or any other forms of electronic payments as authorized by this Section, any state entity may assess a fee, if such fee has been established and in the amount established by the treasurer pursuant to this Section, provided that for each method of conducting transactions by the state entity, the fee is a uniform dollar amount, a percentage of the transaction, or a tiered amount based on the transaction amount assessed for each card and any other form of electronic payment. Such fee shall be considered a "state charge" as provided in this Section. The provisions of this Paragraph shall not be applicable to public postsecondary institutions of higher education or to transactions administered by a third-party solution.
(b) Notwithstanding the provisions of Subparagraph (2)(a) of this Subsection and Subsection C of this Section, each public postsecondary institution of higher education may assess a fee, for each card and any other forms of electronic payment, and for each method of conducting transactions, to be accepted for approved payment of transactions authorized by this Section. The amount of any such fee shall be as determined by the respective public postsecondary institution of higher education and shall be considered a "state charge" as provided in this Section. Each public postsecondary institution of higher education may negotiate and enter into contracts, for periods not to exceed five years, for provision of, and activities related to, the use of such cards and any other forms of electronic payments. Contracts may be made with financial providers, third-party solutions, or providers for Internet and other similar use and payment acceptance with respect to such cards and any other forms of electronic payments.
(c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph, the fee charged by a third-party solution for any state entity shall be a convenience fee paid directly to the private entity third-party solution by the payor and shall not be considered a "state charge" as provided in this Section. However, the amount of the convenience fee, after review and recommendation by the treasurer, shall be approved by the Senate Committee on Revenue and Fiscal Affairs and the House Committee on Ways and Means. In addition, the amount of the convenience fee shall be disclosed to the payor before the transaction is completed, and the payor shall be given the option of canceling the transaction at that time.
(3) For the purpose of this Section, "third-party solution" shall mean a company that provides a software application, a gateway, or both to capture credit card and any other forms of electronic payments for processing by a merchant services acquirer.
(4) The authorization and use of credit and debit cards and any other forms of electronic payments to make or accept payment for any government charge or required payment shall be in accordance with the provisions of this Section, and any rules, regulations, contracts, agreements, or policies promulgated or entered into pursuant to this Section.
B. When a state entity accepts payment of any state charge by any card or other forms of electronic payment, the liability therefor is not finally discharged and obligation for payment of such state charge is not extinguished until the state entity has received final settlement, payment, or other credit in full for the state charge and any additional permissible fees associated with the transaction. Upon receipt of the final settlement, payment, or other credit, the state charge shall be deemed paid on the date the credit or debit charge was initially made.
C. The treasurer shall designate any credit cards, debit cards, or other forms of electronic payments that state entities may accept to receive payment of any state charges, and shall from time to time, but at least annually, publish a list of approved credit and debit cards by card organization brand by which any state entity will be authorized to accept payment of any charge or payment the state entity is authorized to collect. Any state entity may recommend that the treasurer consider a specific credit or debit card by card organization brand for approval. Except as provided in Subparagraph (A)(2)(b) of this Section, he shall have authority to negotiate and enter into all contracts, for periods not to exceed five years, with providers of such cards or other forms of electronic payments, including merchant service acquirers, third-party solutions, or providers for Internet and other similar use and payment acceptance using such cards or other forms of electronic payments. In negotiating such contracts and approving designated cards and other forms of electronic payments, the treasurer shall seek to achieve uniform implementation and standard terms and provisions with respect to the acceptance of payments by state entities, in order to achieve maximum efficiency, uniformity, and cost effectiveness. Any contracts pursuant to this Section may include such provisions, terms, and conditions as the treasurer shall deem necessary or appropriate to fulfill those purposes, including specific terms applicable to any particular state entity, such as any limitations on amounts and limits of liabilities eligible for payment, operational requirements, types, terms, and payment of fees.
D. The treasurer shall by rule establish procedures and guidelines for the approval and operation of any cards and other forms of electronic payments, and fix applicable processing fees, pursuant to this Section.
E. The authorizations for and use of any cards and other forms of electronic payments by any state department, agency, board, commission, or other state entity, to accept payment for any state charges, shall be pursuant to and in accordance with this Section, notwithstanding any other provisions of law.
F. Any contracts or other binding arrangements for acceptance of credit or debit cards or other forms of electronic payments, in existence on August 15, 1999, shall not be affected by this Section and shall be honored according to their terms.
G. The provisions of this Section shall not apply to any payments made through a nationwide licensing or registry system, or any payments made pursuant to the Louisiana Securities Law, as provided for in R.S. 51:701 et seq.
Acts 1999, No. 1214, §1; Acts 2002, 1st Ex. Sess., No. 148, §1, eff. April 24, 2002; Acts 2004, No. 330, §1, eff. June 18, 2004; Acts 2007, No. 435, §1, eff. July 11, 2007; Acts 2008, No. 119, §1, eff. June 9, 2008; Acts 2010, No. 191, §1; Acts 2010, No. 559, §1, eff. June 25, 2010; Acts 2015, No. 414, §4.
A. The state, through any department, agency, board, commission, or other state entity, hereinafter referred to as "state entity", may charge a fee for use of an electronic signature in connection with official documents. The state may accept payment for use of an electronic signature by credit cards, debit cards, and any other form of electronic payments approved by the treasurer as provided in R.S. 49:316.1.
B. The fee charged by the state for the use of an electronic signature pursuant to this Section shall be a convenience fee paid directly to the state entity. The amount of the convenience fee, after review and recommendation by the treasurer, shall be approved by the Senate Committee on Revenue and Fiscal Affairs and the House Committee on Ways and Means. In addition, the amount of the convenience fee shall be disclosed to the signatory before the transaction is completed, and the signatory shall be given the option of proceeding without the electronic signature at that time.
Acts 2023, No. 384, §1, eff. June 14, 2023.
The Interim Emergency Board shall designate as state depositories such financial institutions doing business in this state as it may deem advisable after considering the recommendations of the treasurer.
Acts 1976, No. 428, §1, eff. July 31, 1976. Amended by Acts 1976, No. 557, §1; Acts 1993, No. 509, §3, eff. April 1, 1994; Acts 1994, 3rd Ex. Sess., No. 61, §3, eff. July 6, 1994; Acts 2013, No. 32, §1.
In the event any state department, agency or budget unit shall fail to remit to the state treasury its unexpended balance or receipts as provided by law, the governor shall forthwith draw a warrant on said department, agency or budget unit in favor of the state treasurer for the amount due; a copy of the warrant shall be sent to the state treasurer. If the said department, agency or budget unit shall fail to honor said warrant, the state treasurer, ten days after the date thereof, shall charge said warrant against the undrawn appropriation or any other funds allocated or belonging to said department, agency or budget unit which may be in the custody of the state treasurer.
Acts 1976, No. 428, §1, eff. July 31, 1976.
"State depositing authority" as used in this Chapter means the state treasurer, and other elected state officials or any department, board, commission, or institution of the state; and "depository" or "fiscal agent bank" means any bank selected and designated by the Interim Emergency Board for deposit of state funds by the treasurer and other elected state officials or any department, board, commission, or institution of the state.
Acts 1976, No. 428, §1, eff. July 31, 1976. Amended by Acts 1976, No. 557, §1.
Fiscal agent banks for the deposit of funds belonging to any state depositing authority shall be selected and designated in the manner provided by resolution of the Interim Emergency Board and under the terms and conditions deemed appropriate or advisable by the board.
Acts 1976, No. 428, §1, eff. July 31, 1976. Amended by Acts 1976, No. 557, §1.
Any state depositing authority which deposits state funds in a bank designated as a fiscal agent bank by the Interim Emergency Board shall provide written notice to the state treasurer and the cash management review board upon opening any type of account at the fiscal agent bank. The state treasurer shall annually provide a listing to the Joint Legislative Committee on the Budget of all accounts reported under these provisions. The information the state treasurer reports herein shall be in addition to the report required pursuant to the provisions of R.S. 39:372(D).
Acts 1990, No. 664, §1, eff. July 1, 1990; Acts 2016, No. 587, §2, eff. June 17, 2016.
A. The division of administration, office of statewide reporting and accounting policy, shall develop a policy manual for the classification of state revenues which shall define the revenues being classified, and the procedures necessary to provide uniformity in the classification of revenues as statutory dedications, fees and self-generated revenue, state general fund, interagency transfers, federal funds, or other appropriate categories. The manual shall be sent to the statewide elected officials for their comments prior to submission to the Joint Legislative Committee on the Budget. The manual shall provide a description of all monies that may be deposited into an escrow fund, including monies required to be deposited into a dedicated account, or monies whose ownership is in dispute or otherwise restricted from use. The manual shall also provide a description of all monies that should not be held in an escrow fund, including any state monies. The manual shall contain policies relative to the creation of an agency account for the deposit of fees and self-generated revenues. Prior to implementation of the manual, the office of statewide reporting and accounting policy shall submit the proposed manual to the Joint Legislative Committee on the Budget for review and approval.
B. No state money shall be held in an escrow fund unless the state agency immediately notifies the Cash Management Review Board in writing of the state funds held in escrow and keeps detailed records accounting for such state funds, the restrictions requiring the funds to be held in the escrow account, and the estimated duration of the restrictions. No state money in an escrow fund shall be withdrawn from the state treasury by a state agency nor transferred from an escrow fund to a state agency's account unless:
(1) There is a specific appropriation in the current fiscal year authorizing the withdrawal or transfer of the monies.
(2) There is no specific appropriation authorizing the withdrawal or transfer of the monies and the commissioner of administration and the Joint Legislative Committee on the Budget approve a budget adjustment if the legislature is not in session.
(3) Any monies determined to have been paid by a nonstate individual or entity to the state in error or in cases in which a refund of the amount paid to the state is due, may be withdrawn from the escrow fund without a specific appropriation and returned to the nonstate individual or entity.
C.(1) No agency shall establish an escrow fund unless the Cash Management Review Board has authorized the establishment of the escrow fund in writing and notice of the establishment of the escrow fund is given in writing to the commissioner of administration and to the Joint Legislative Committee on the Budget.
(2) The state agency which requested the establishment of the escrow fund, and agencies which as of January 1, 2017, have established an escrow fund, shall submit a monthly report to the state treasurer who shall compile the agency reports into one report and submit it to the Cash Management Review Board and the Joint Legislative Committee on the Budget setting forth the date of the establishment of the fund, the beginning balance, any additional deposits to the fund including the date and the amount of the deposit to the fund, the date and the amount of any withdrawal from the fund, the balance in the fund as of the date of the report, and any other information requested by the Cash Management Review Board or the Joint Legislative Committee on the Budget. The report shall also include any journal vouchers or other transfer requests of any classified monies back into the escrow fund.
(3) State agencies which as of January 1, 2017, have an agency account established in the state treasury, shall give a quarterly report to the state treasurer, regarding fees and self-generated revenues which have been deposited, transferred, or withdrawn from the account. The state treasurer shall compile the agency reports into one report and shall submit the quarterly report to the Cash Management Review Board and the Joint Legislative Committee on the Budget. The report shall set forth:
(a) The beginning balance of fees and self-generated revenues in the agency account.
(b) The date and amount of deposits of fees and self-generated revenues to the agency account during the reporting period.
(c) The date and amount of any transfer or withdrawal of fees and self-generated revenues from the agency account during the reporting period.
(d) The balance in the agency account as of the date of the report.
(e) Any other information requested by the Cash Management Review Board or the Joint Legislative Committee on the Budget.
Acts 2017, No. 361, §2, eff. July 1, 2017.
A. State depositing authorities shall require as security for deposits of state funds either:
(1) Bonds or other interest-bearing securities of the United States, or of any agency thereof, including but not limited to the Federal National Mortgage Association, or bonds or other interest-bearing obligations guaranteed fully or partially as to principal and interest by the United States, or by any agency thereof; or bonds of any possession of the United States; or bonds of the state of Louisiana, both direct and indirect obligations, including bonds or other interest-bearing obligations, whether supported by revenue or by the avails of taxes, of the state of Louisiana or of any agency, board, commission, department or division thereof or of any agency, public corporation or authority created by or recognized by the state of Louisiana; or bonds of any parish, municipality, levee board, road district, school board or school district of this state; or bonds of any parish, municipality, industrial district or industrial board which are secured by a lease executed in accordance with the provisions of Article 14, Section 14, Paragraphs b.2 or b.3 of the Constitution of Louisiana of 1921 or R.S. 39:1001 et seq. or R.S. 51:1151 et seq., as amended, and partially or fully guaranteed by the Board of Commerce and Industry in accordance with the provisions of the Bond Lease Guarantee Act of the Regular Session of the Louisiana Legislature of 1968.
(2) Promissory notes, warrants, or certificates of indebtedness, either of the authority letting such deposits or of any other authority referred to in this Section, which notes, warrants or certificates of indebtedness must be either unmatured or payable on demand.
(3) Notes representing loans to students, who meet the requirements provided in R.S. 17:3026(A)(1)(a) and (b) or who are attending or have attended any public college or university in the state of Louisiana or any regionally accredited independent institution of higher education that is a member of the Louisiana Association of Independent Colleges and Universities, which are guaranteed by the Louisiana Higher Education Assistance Commission in accordance with a contract agreement between the lender and the commission under the provisions of R.S. 17:3021 et seq. or under Title IV of the Higher Education Act of 1965 (20 U.S.C. Section 1071 et seq.) as amended, or under the "Health Education Assistance Loan Program" authorized under the Public Health Service Act. Any notes representing loans to students which are accepted as collateral must be valued at an amount not to exceed seventy-five percent of the face amount of the outstanding balance of the qualifying notes in repayment as determined by the Louisiana Higher Education Assistance Commission.
(4) Deposit guaranty bonds underwritten and guaranteed by an insurance company, licensed to do business in this state, listed as an approved surety by the United States Department of the Treasury, or private deposit insurance underwritten and issued by an insurer licensed to do business in this state, and approved for this purpose by the Interim Emergency Board, that provide coverage for deposits of depositing authorities in excess of the amounts insured by the Federal Deposit Insurance Corporation or any other governmental agency insuring bank or other financial institution deposits that is organized under the laws of the United States, and the form and content of which are approved in advance by the state treasurer.
(5) Notwithstanding any other provision of law to the contrary, any obligation, security, or investment that the state may invest in directly as provided in R.S. 49:327.
(6) Bonds, debentures, notes, or other indebtedness issued by a state of the United States of America other than Louisiana or any such state's political subdivisions. The indebtedness shall have a long-term rating of A3 or higher by Moody's Investors Service, a long-term rating of A- or higher by Standard & Poor's, a long-term rating of A- or higher by Fitch, Inc., a short-term rating of M1G1 or VM1G1 by Moody's Investors Service, a short-term rating of A-1 or A-1+ by Standard & Poor's, or a short-term rating of F1 or F1+ by Fitch, Inc.
(7) Bonds, debentures, notes, or other indebtedness issued by domestic United States corporations. The indebtedness shall have a long-term rating of Aa3 or higher by Moody's Investors Service, a long-term rating of AA- or higher by Standard & Poor's, or a long-term rating of AA- or higher by Fitch Ratings, Inc.
B. Bonds or other securities in default, either in principal or in interest, shall not be accepted or held by any of the depositing authorities named in this Chapter.
C. The market value, excluding accrued interest, of the securities or the deposit guaranty bonds held by any depositing authority shall be equal to one hundred percent of the amount on deposit to the credit of the depositing authority except that portion of the deposits insured by any governmental agency insuring bank deposits which is organized under the laws of the United States; provided that in the case of bonds or other interest-bearing obligations guaranteed as to principal and interest by the United States, or an agency thereof, the market value of said bonds or obligations, excluding accrued interest, shall not be deemed to exceed an amount in excess of the principal so guaranteed. The market value of the securities used to secure deposits as provided herein may be calculated on the basis of the quarterly reports of financial conditions submitted by the fiscal agent bank to the office of financial institutions, Federal Deposit Insurance Corporation, or Office of the Comptroller of the Currency using the valuations derived from any national securities index, register, or publication, or in any other reasonable manner acceptable to the depositing authority.
D.(1) The state treasurer, with regard to funds on deposit in the state treasury, and other state agencies, with regard to funds not on deposit in the state treasury, may grant any designated depository a period not exceeding five days from date of any deposit in which to post the security or the deposit guaranty bonds required under Subsection C of this Section. The financial soundness of the designated depository may be considered by the state treasurer and other state agencies making deposits therein in determining the time period granted pursuant to this Subsection. The amount of collateral or of deposit guaranty bonds used to secure the deposit of public funds may be based on the collected portion of funds on deposit in the depository. State agencies depositing funds in accounts other than the central depository account or its regional account shall be required to ensure that the provisions of this Section are met by the depository.
(2) "State agencies", as used in this Subsection, shall mean other elected state officials, or any department, board, commission, or institution of the state.
E. All banks selected as fiscal agents or depositories for the deposit of funds belonging to the state, or any department, board, commission or institution thereof, shall pay at par and receive on deposit at par all checks and drafts drawn by or in favor of the state or any department, board, commission, or institution, upon whatsoever point these checks and drafts may be drawn all as part of the consideration for receiving deposits of state funds.
F. No bank selected as fiscal agent or depository for the deposit of funds belonging to the state, or any department, board, commission, or institution thereof, shall charge a state depositing authority, as that term is defined in R.S. 49:319, or a local depositing authority, as that term is defined in R.S. 39:1211, a fee for credit inquiries, deposit verifications and audit confirmations concerning accounts of the depositing authority.
G. Notwithstanding any provision of law to the contrary, there shall be no duration limitation or restriction on the bonds used as security for deposits of state funds pursuant to the provisions of this Section.
Acts 1976, No. 428, §1, eff. July 31, 1976; Acts 1986, No. 373, §3; Acts 1986, No. 220, §2; Acts 1987, No. 676, §1; Acts 1988, No. 946, §1; Acts 1990, No. 801, §1; Acts 1992, No. 1042, §1; Acts 1995, No. 1127, §2; Acts 2001, No. 752, §2; Acts 2020, No. 195, §1; Acts 2023, No. 81, §3, eff. July 1, 2023.
A. Notwithstanding any provision of law to the contrary, the treasurer may engage in securities lending and may engage one or more financial institutions to act as securities lending agents for the state. For the purposes of this Section, the term "securities lending" shall mean a contract by which securities are supplied to a securities lending agent for a fee and secured by a pledge of collateral with a value equal to or greater than the securities supplied, and the term "securities lending agent" shall mean a bank or a registered securities broker-dealer.
B. Each securities lending agent shall indemnify the state for any losses resulting from the insolvency of a borrower. Such indemnification shall be in writing and contained in the securities lending contract.
C. If securities from any fund administered by the state treasury are used for securities lending, all of the following requirements shall be met:
(1) The collateral for the securities lending contract shall be in the form of either cash or securities.
(a) If the borrower provides cash as collateral, the contract between the borrower and the securities lending agent shall require the following:
(i) The funds pledged as collateral to be in United States currency.
(ii) The borrower to maintain the total value of all pledged collateral at an amount equal to or greater than one hundred percent of the total market value of the securities on loan from the state for the transaction, plus any accrued interest.
(b) If the borrower provides securities as collateral, the contract between the borrower and the securities lending agent shall require the following:
(i) The total value of the initial collateral pledged for the loan to be at least equal to one hundred and two percent of the total market value of the securities on loan from the state for the transaction.
(ii) If after the initial pledge of collateral the total market value of securities pledged as collateral falls below one hundred percent of the total market value of the securities on loan from the state for the transaction, plus accrued interest, the borrower shall transfer additional collateral sufficient to bring the total value of pledged collateral to at least one hundred and two percent of the total market value of the securities on loan from the state for the transaction, plus accrued interest.
(iii) Only securities authorized for investment by the treasurer pursuant to R.S. 49:327(B) or R.S. 17:3803(B) may be provided as collateral.
(2) The securities lending agent, or the custodian of the collateral securities and the custodian of the securities on loan, shall determine the market value of the collateral securities and the securities on loan each business day and report these market values to the treasurer.
D. Cash collateral pledged for a securities lending contract executed pursuant to the provisions of this Section may be invested in any securities authorized for investment by the treasurer pursuant to R.S. 17:3803(B) or R.S. 49:327(B).
Acts 2003, No. 560, §3, eff. June 27, 2003; Acts 2021, No. 376, §1.
Any security pledged for any deposit of state funds or acquired through repurchase agreements, whether in the hands of the state depositing authority or held in safekeeping or trust by any bank or trust company, including any Federal Reserve Bank or any Federal Home Loan Bank or its successor, shall be deemed to be under the control or in the possession of such state depositing authority and deemed to be held in its name by such bank, trust company, Federal Home Loan Bank or its successor, or Federal Reserve Bank, or agent for such depositing authority. Any security pledged shall be delivered into the custody of such state depositing authority if, as, and when demanded. A pledge of security shall be considered a perfected security interest of the state depositing authority by the depository or the safekeeping or trust department of any bank or trust company in possession of the security and shall be binding upon the depository, the safekeeping or trust department of any bank or trust company, its successors, receivers, or assigns. However, securities acquired through repurchase agreements shall be delivered upon demand.
Acts 1988, No. 916, §1; Acts 1990, No. 919, §1.
State depositing authorities which have complied with the provisions of R.S. 49:320 through 49:324 shall not be responsible for any funds deposited in depositories selected by the Interim Emergency Board; but all depositing authorities shall be responsible for the safekeeping and returning of the collateral deposited with them by fiscal agent banks as security for the deposits by them made with the state depositories.
Acts 1976, No. 428, §1, eff. July 31, 1976.
The vouchers shall be approved by the state treasurer for payment on a specified date, to be determined at the time of their issue, and upon presentation on the date so specified.
Acts 1976, No. 428, §1, eff. July 31, 1976.
A. The state treasurer may invest from time to time in United States Series "E" and Series "H" Savings Bonds such monies as are available for investment out of the free school investment fund, the state police retirement fund, and the interest and bond redemption account of the Transportation Trust Fund. The interest earned on bonds purchased for these funds shall be credited by the state treasurer to the respective fund for which the bonds were acquired.
B. The state treasurer may also at any time that he may deem advisable, cash and liquidate any or all of the bonds purchased for either fund, and the proceeds of the liquidation shall be credited to the fund from which the bonds were originally purchased.
Acts 1976, No. 428, §1, eff. July 31, 1976; Acts 1999, No. 897, §3, eff. July 2, 1999.
A. The state treasurer may invest in or purchase from time to time general obligation or revenue bonds or certificates of indebtedness of a local school board, from such monies as are available for investment out of the free school investment funds, the state police retirement fund, and the interest and bond redemption account of the Transportation Trust Fund. For purposes of this Section, the term "bonds" shall mean general obligation or revenue bonds or certificates of indebtedness of a local school board.
B. The interest earned on bonds purchased for these funds shall be credited by the state treasurer to the respective fund for which the bonds were acquired.
C. The state treasurer may purchase the bonds of a local school board only when:
(1) The bonds have been authorized at an election duly called for that purpose;
(2) A portion of the bonds have already been sold on the market;
(3) The percentage of completion of the building or other construction for which the bonds have been authorized is sixty percent or more;
(4) The remainder of the bonds are not saleable because of market conditions; and
(5) The interest rate authorized for the bonds is eight percent or less, or the interest authorized for the certificates of indebtedness is nine percent or less.
D. The state treasurer may also at any time that he may deem advisable, cash and liquidate any or all of the bonds purchased for either fund, and the proceeds of the liquidation shall be credited to the fund from which the bonds were originally purchased.
Added by Acts 1980, No. 685, §1; Acts 1999, No. 897, §3, eff. July 2, 1999.
Federal farm loan bonds issued by federal land banks, debentures issued by federal intermediate credit banks, and debentures issued by banks for cooperatives are hereby designated as security for all character of public funds and the state treasurer may invest in such securities, monies as are available for investment out of the free school investment fund, the state police retirement fund, the interest and bond redemption account of the Transportation Trust Fund, as well as any other funds under his control.
Acts 1976, No. 428, §1, eff. July 31, 1976; Acts 1999, No. 897, §3, eff. July 2, 1999.
Small business loans and promissory notes or other evidences of indebtedness thereon secured by the Small Business Administration are hereby designated as security for all character of public funds and the state treasurer may invest in such securities, such monies as are available for investment by the state treasurer.
Acts 1986, No. 1022, §1.
A. It is hereby recognized that it is in the best interest of the state of Louisiana to maximize the return on the investments made by the state treasurer. However, it is also the desire to foster the economy of the state. To the extent possible under existing state and federal laws, regulations, guidelines, and prudent management of state funds, the state treasurer will endeavor to maintain a reasonable proportion of funds on deposit with in-state financial institutions.
B. Funds on deposit in state treasury.
(1) The state treasurer is hereby authorized and directed to invest monies on deposit in the state treasury belonging to the general fund of the state, funds in the state treasury to the credit of state agencies, departments, boards, and commissions, and any other funds under the control of the state treasurer which he, in his discretion, may determine to be available for investment in the following:
(a) Direct obligations of the United States government, a United States government agency, a United States government instrumentality, or a United States government-sponsored enterprise, the principal and interest of which are fully and explicitly guaranteed by the full faith and credit of the government of the United States of America, and contained in a list promulgated by the state treasurer in accordance with the Administrative Procedure Act.
(b) Direct obligations of a United States government agency, United States government instrumentality, or United States government-sponsored enterprise, the principal and interest of which are fully guaranteed by the issuing entity, but are not explicitly guaranteed by the full faith and credit of the government of the United States, and contained in a list promulgated by the state treasurer. However, at no time shall the funds invested in United States government agency obligations enumerated in this Subparagraph exceed sixty percent of all monies invested as of that date with maturities of thirty days or longer.
(c) Direct security repurchase agreements and reverse security repurchase agreements. "Direct security repurchase agreement" means an agreement and transaction in which securities are purchased by the state from a registered securities broker or dealer for a rate and a guarantee to buy them back from the state; the state holds the securities for a specified time; and then the state sells those securities back to the broker or dealer at an agreed upon price. "Reverse security repurchase agreement" means an agreement and transaction in which securities are sold by the state to a registered securities broker or dealer for a rate and a guarantee to sell them back to the state; the broker or dealer holds the securities for a specified time; and then the state buys back the securities from the broker or dealer at an agreed upon price.
(d) Time certificates of deposit of any bank domiciled or having a branch office in the state of Louisiana, savings accounts or shares of savings and loan associations and savings banks, as defined by R.S. 6:703(16) and (17), or share accounts and share certificate accounts of federally or state-chartered credit unions issuing time certificates of deposit, issued for the state treasurer under this authority. For those funds determined under prudent judgment of the state treasurer to be made available for investment in time certificates of deposit, the rate of interest paid by the banks shall be determined by rules and regulations adopted and promulgated by the state treasurer. Competitive bidding may be used to establish the rate of interest on fifty percent or less of the amount determined to be available as of that date for investment in time certificates of deposit. Those financial institutions bidding on time certificates of deposit shall meet the financial criteria established by rules and regulations adopted and promulgated by the state treasurer. At the time of investment, the interest rate under the provisions of this Subsection shall be a rate not less than the prevailing market interest rate on direct obligations of the United States Treasury with a similar length of maturity.
(e)(i) Investment grade commercial paper issued in the United States, traded in the United States markets, denominated in United States dollars, with a short-term rating of at least A-1 by Standard & Poor's Financial Services LLC or P-1 by Moody's Investor Service, Inc. or the equivalent rating by a Nationally Recognized Statistical Rating Organization (NRSRO).
(ii) Investment grade corporate notes and bonds issued in the United States, traded in United States markets, denominated in United States dollars, rated Baa or better by Moody's Investor Service, Inc. or BBB or better by Standard & Poor's Financial Services LLC, and the trades of which are settled through The Depository Trust & Clearing Corporation (DTCC), a national clearinghouse in the United States for the settlement of securities trades.
(iii) However, at no time shall the funds invested in paper, notes, and bonds enumerated in these Items exceed twenty percent of all monies invested as of that date.
(f) Money market funds consisting solely of securities otherwise eligible for investment by the state treasurer.
(g) In addition to those general fund investments authorized and permitted pursuant to the provisions of this Subsection, the state treasurer is hereby authorized and directed to invest monies on deposit in the state treasury belonging to the general fund of the state in the tax exempt or taxable bonds issued in 2006 by the Louisiana Stadium and Exposition District, or any conversion, re-issuance, or other similar refunding or replacement of such bonds, in such total amounts to be so invested and the bonds to be so acquired as shall be set forth in a written directive, and certification of such investments to be in the best overall financial interest of the state by the governor to the treasurer, and the subsequent agreement to and approval of the governor's written directive and certification by both the Joint Legislative Committee on the Budget and the State Bond Commission. The divestment of or disposition from the state general fund of all or any portion of such investments from time to time shall be made by the treasurer at the direction of the State Bond Commission. Any investments so made shall be maintained in a separate sub-investment account of the state general fund so as to not be included in the determination of the general fund's investment performance.
(2) Investments authorized by Subparagraphs (a) through (f) of Paragraph (1) of this Subsection shall mature on such date or dates as determined by the state treasurer in the exercise of prudent judgment to generate a favorable return to the state and will allow the monies to be available for use at such time as the monies will be needed for state purposes. However, the weighted average maturity of securities purchased as enumerated in Subparagraphs (a) through (f) of Paragraph (1) of this Subsection shall not exceed five years from date of purchase. For monies invested from special funds, the weighted average maturities shall not exceed ten years from date of purchase. Special funds shall be considered those funds created constitutionally, statutorily, or administratively which are not considered general funds.
(3) These funds shall not exceed at any time the amount insured by the Federal Deposit Insurance Corporation in any one banking institution, or in any one savings and loan association, the National Credit Union Administration, or other deposit insurance corporation approved by the state treasurer, unless the uninsured portion is collateralized by the pledge of securities in the manner provided by R.S. 6:748.1 and R.S. 49:321.
(4) Unless otherwise provided, income from investments authorized by the provisions of this Subsection shall be credited to the state general fund.
(5) The treasurer shall develop and adopt an investment policy that details and clarifies investment objectives and the procedures and constraints necessary to reach those objectives. All such investment policies should:
(a) Reflect the mandate to manage public funds prudently.
(b) Place appropriate emphasis on the goals of safety of principal first, liquidity second, and yield third.
(c) Establish internal controls for any derivatives in use to ensure that the risks inherent in derivatives are adequately managed. For the purposes of this Section, the term "derivative" shall mean any financial instrument created from or whose value depends on the value of one or more underlying assets or indexes of asset value.
C. Funds not on deposit in state treasury. (1)(a) The heads of all state departments, boards, commissions, and agencies are authorized and directed to invest monies under their control and not on deposit in the state treasury which they in their discretion may determine to be available for investment in time certificates of deposit of any bank domiciled or having a branch office in the state of Louisiana, in savings accounts or shares of savings and loan associations and savings banks, as defined by R.S. 6:703(16) and (17)(a), or in share accounts and share certificate accounts of federally or state-chartered credit unions.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, institutions of higher education may invest monies under their control and not on deposit in the state treasury in any or all of the instruments set forth in Paragraph (B)(1) of this Section in accordance with a written investment policy adopted by the management board of the investing institution of higher education, which investment policy has been approved by an investment advisory committee composed of the state treasurer, the legislative auditor, and the commissioner of administration. Income from such investments shall not be credited to the state general fund.
(c) Any state department, board, commission, agency, or institution of higher education which invests monies under its control and not on deposit in the state treasury shall develop and adopt an investment policy which complies with Paragraph (B)(5) of this Section.
(2) These funds shall not exceed at any time the amount insured by the Federal Deposit Insurance Corporation in any one banking institution, or in any one savings and loan association, the National Credit Union Administration or other deposit insurance corporation approved by the state treasurer, unless the uninsured portion is collateralized by the pledge of securities in the manner provided by R.S. 6:748.1 and R.S. 49:321. However, if funds are determined to be available for investment for a period of time less than thirty days, such heads of departments, boards, commissions, and other state agencies are authorized to invest such funds in direct United States Treasury obligations that mature not more than twenty-nine days after the date of purchase.
(3)(a) This Section shall not apply to funds of state colleges and universities which are derived from gifts and grants, funds functioning as endowments, or other permanent funds. Said funds may be invested by the managing board of the investing institution pursuant to R.S. 9:2337.6 or as otherwise provided by law and in accordance with a written investment policy adopted by the managing board and approved by an investment advisory committee comprised of the state treasurer, the legislative auditor, and the commissioner of administration. This Section shall not apply to reserve funds established in accordance with bond issues, which funds may be invested as otherwise provided by law.
(b) In accordance with the provisions of Article VII, Section 14 of the Constitution of Louisiana, public or private colleges or universities may invest publicly funded permanently endowed funds in the stock of any corporation listed on the New York Stock Exchange, the American Stock Exchange, or authorized for quotations display on the National Association of Securities Dealers Automated Quotations System, provided that the total investment in such stocks at any one time shall not exceed thirty-five percent of the market value of all publicly endowed funds of the public or private college or university.
(4) Time certificates of deposit in which investments are made under the authority of this Subsection shall mature not more than twelve months after the date of their purchase.
(5) Banks issuing time certificates of deposit under the authority of this Section for heads of departments, boards, commissions and other state agencies shall pay interest at a rate equal to the rate determined by the United States Treasury to have been the average interest rate on the last previous sale of treasury bills with the same length of maturity; provided that if at any time the interest rate provided above is in excess of the maximum rate banks are permitted to pay on time certificates of deposit for the same period of time by regulations of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Administration or other deposit insurance corporation, the interest rate shall be the maximum established by those regulations.
(6) Unless otherwise provided, income from investments under the authority of this Subsection shall be credited to the fund out of which the investments were made.
D. Excess funds. Those funds determined by the state treasurer or department head, commission, board, or agency head in the exercise of prudent judgment to be in excess of immediate cash requirements of the account to which the funds belong shall be available for investment and shall be invested under the authority of this Section.
E. The treasurer shall submit to the governor and the legislature a report on all investments of state funds made by the treasurer. The report shall be due on the fifteenth day after the end of each quarter and shall cover all investment activity for the previous quarter. The information in the report shall include:
(1) The method by which the fees paid to these persons or companies is calculated.
(2) The total amount of state funds invested for the month.
(3) The total earnings for the investments for the month.
(4) The rate of investment earnings expressed as a percentage of the amount of the investment.
(5) The comparable rate of investment earnings for:
(a) U.S. Treasury two-year notes.
(b) U.S. Treasury thirty-day bills.
Acts 1976, No. 428, §1, eff. July 31, 1976. Amended by Acts 1977, No. 339, §1; Acts 1979, No. 333, §1; Acts 1984, No. 581, §2; Acts 1984, No. 130, §1, eff. June 22, 1984; Acts 1988, 2nd Ex. Sess., No. 21, §1, eff. Oct. 27, 1988; Acts 1990, No. 920, §1; Acts 1992, No. 1043, §1; Acts 1993, No. 699, §1; Acts 1995, No. 374, §2; Acts 1997, No. 661, §1, eff. July 7, 1997; Acts 1999, No. 858, §1; Acts 1999, No. 1101, §1; Acts 2001, No. 1077, §1, eff. if const. amend. proposed by Acts 2001, No. 1235, is adopted in Nov., 2002 (not adopted); Acts 2004, No. 92, §1, eff. July 1, 2004; Acts 2006, No. 289, §3; Acts 2006, No. 717, §1, eff. Oct. 31, 2006; Acts 2008, 2nd Ex. Sess., No. 2, §1, eff. May 13, 2008; Acts 2012, No. 75, §1; Acts 2015, No. 463, §4.
A. The legislature finds that many farmers throughout the state are experiencing economic crisis due to low commodity prices, rising production costs, dropping land values, and natural disasters. Accordingly, it is declared to be the public policy of this state to provide lower cost funds for low interest agricultural production loans through the linked deposit program.
B. As used in this Section:
(1) "Agricultural production loan" means any loan made by a lending institution to a farmer under the linked deposit program. An agricultural production loan may only be made and used for one or more of the following purposes:
(a) If necessary for the continuance of the operation of the farm through the crop or production year, repair of agricultural equipment or machinery, or purchase of used replacement equipment or machinery.
(b) Operating capital including, but not limited to, capital necessary for the rental of equipment or machinery and the purchase of seed, feed, fertilizer, chemical, crop insurance, livestock, and production-related energy, labor, or veterinarian fees.
(c) Refinancing all or a portion of a loan entered into before the effective date of this Section for a purpose set forth in Subparagraphs (a) or (b).
(2) "Farmer" means any person that:
(a) Is an owner and operator or an operator of a farm engaged in the production of agricultural goods, and if incorporated, has a majority of the stock owned by persons operating the farm for which the loan is sought.
(b) Is headquartered in this state.
(c) Conducts agricultural operations exclusively in this state.
(d) Employs less than ten employees.
(e) Is a resident of this state, or if a corporation or multi-member entity, the majority of the stockholders or members are residents of this state.
(f) Is organized for profit.
(g) Has gross income from the agricultural operation which is at least fifty percent of his total income.
(h) Has a positive net worth.
(i) Repealed by Acts 1993, No. 595, §2, eff. June 15, 1993.
(3) "Lending institution" means any state bank organized under the laws of this state and any national bank having its principal office in this state which is authorized to make agricultural production loans and agrees to participate in the linked deposit program.
(4) "Linked deposit" means a certificate of deposit placed by the state treasurer with a lending institution at three percent below existing market rates, as determined and calculated by the state treasurer, provided the institution agrees to lend the value of such deposit, according to the deposit agreement required by this Section, to farmers at three percent below the existing borrowing rate applicable to each specific farmer at the time of the deposit of state funds in the lending institution.
(5) "Treasurer" means the state treasurer.
C. The state treasurer may invest in linked deposits. However, the total amount so deposited at any one time shall not exceed, in the aggregate, ten million dollars.
D. Any lending institution that desires to receive a linked deposit shall accept and review applications for loans from farmers. The lending institution shall apply all usual lending standards to determine the creditworthiness of each farmer.
E.(1) Only one loan shall be made and be outstanding at any one time to any farmer.
(2) The maximum amount which may be loaned to any farmer at any one time shall be one hundred thousand dollars.
(3) No loan shall be made to any officer or director of the lending institution making the loan.
(4) A farmer shall certify on his loan application that the loan shall be used exclusively for one or more of the purposes set forth in this Section.
F. The lending institution shall forward to the treasurer a linked deposit loan package, in the form and manner prescribed by the treasurer. The package shall include such information as required by the treasurer, including the amount of each loan requested. The institution shall certify that each applicant is an eligible farmer and the amount to be loaned and the borrowing rate applicable to each farmer.
G. The treasurer may accept or reject a linked deposit loan package or any portion thereof.
H. Upon acceptance of the linked deposit loan package or any portion thereof, the treasurer may place certificates of deposit with the lending institution at three percent below the current market rates, as determined and calculated by the treasurer. When necessary, the treasurer may place certificates of deposit prior to acceptance of a linked deposit loan package.
I. The lending institution shall enter into a deposit agreement with the treasurer which shall include the requirements necessary to carry out the purposes of this Section. The requirements shall reflect the agricultural conditions prevailing in the lending institution's lending area. The agreement may specify the period of time in which the lending institution is to loan funds upon the placement of a linked deposit, and shall include provisions for the certificates of deposit to mature within a period not to exceed one year. The treasurer may renew a certificate of deposit for additional periods of time, each of which shall not exceed one year. Interest shall be paid at the times determined by the treasurer.
J. The period of time for which each certificate of deposit is placed with a lending institution shall be neither longer nor shorter than the period of time for which the linked deposit shall be used to provide loans at reduced interest rates. The agreement shall further provide that the state shall receive market interest rates on any certificate of deposit or any portion thereof for any period of time for which there shall be no corresponding linked deposit loan outstanding to a farmer.
K. Lending institutions shall comply with the provisions of this Section and the rules and regulations adopted under this Section.
L. Upon placement of a linked deposit, a lending institution shall loan funds to each approved farmer listed in the linked deposit loan package and in accordance with the deposit agreement. Each loan shall be at a fixed rate of interest which shall be three percent below the current borrowing rate applicable to each farmer as determined pursuant to rules and regulations adopted under this Section. All records and documents pertaining to the linked deposit program shall be segregated by each lending institution for ease of identification and examination. A certification of compliance with this Section in the form and manner prescribed by the treasurer shall be completed by the lending institution and filed with the treasurer.
M. The treasurer and the commissioner of agriculture and forestry shall take any and all steps necessary to implement the linked deposit program and monitor compliance of lending institutions and farmers with the provisions of this Section and the rules and regulations adopted under this Section.
N. Annually, by February first, the treasurer shall report on the linked deposit program for the preceding calendar year to the governor, commissioner of agriculture, commissioner of financial institutions, president of the Senate, speaker of the House of Representatives, chairman of the Senate Committee on Agriculture, Forestry, Aquaculture and Rural Development, and the chairman of the House Committee on Agriculture, Forestry, Aquaculture and Rural Development. The report shall include each linked deposit made by the treasurer during the year and information regarding the nature, terms, and amounts of the loans upon which the linked deposits were based and the farmers to whom the loans were made. The report shall not include the assets, liabilities, or percent equity of any recipient farmer but shall include a statement by the treasurer that the lending institutions have certified that all recipient farmers meet the requirements of this Section.
O. Neither the state, the commissioner of agriculture and forestry, nor the treasurer shall be liable to any lending institution in any manner for payment of the principal or interest on any loan to a farmer under this Section. Any delay in payments or default on the part of a farmer shall not in any manner affect the deposit agreement between the lending institution and the state treasurer. The deposits made by the treasurer under this program shall not be considered pledged in any way to the lending institution in the event of a loan default.
P. The treasurer and the commissioner of agriculture and forestry may adopt rules and regulations necessary to implement and enforce the provision of this Section in accordance with the Administrative Procedure Act.
Q. Whoever intentionally violates any provision of this Section shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars or imprisoned not more than six months, or both, for each violation.
Acts 1986, No. 228, §1, eff. June 28, 1986; Acts 1993, No. 595, §§1 and 2, eff. June 15, 1993; Acts 2003, No. 116, §3, eff. May 28, 2003.
A. Louisiana agricultural products constitute a significant element in the state's economy. To a large extent, Louisiana agricultural products are not processed in Louisiana. In order to expand the state's economic base, to increase its ability for final processing of Louisiana agricultural products, and to increase its capacity to export value-added agricultural products, it is necessary that the state encourage and support the development and expansion of agricultural processing plants in this state. Accordingly, it is declared to be the public policy of the state to provide appropriate support, through the linked deposit loan program herein established, for low-interest loans to any person, partnership, corporation, or cooperative who owns, leases, or operates, or who seeks to own, lease, or operate, an agricultural product processing plant in this state. It is the legislative intent that such lower cost loans shall result in a significant contribution to the economic development of the state and assist in maintaining or improving business profitability as well as preserving and creating jobs for Louisiana citizens.
B. As used in this Section:
(1) "Commissioner" means the commissioner of the Louisiana Department of Agriculture and Forestry.
(2) "Eligible agricultural products processing business" means any person, partnership, corporation, or cooperative which possesses all of the following characteristics:
(a) Is headquartered in this state.
(b) Maintains offices and operating facilities in this state and transacts business in this state.
(c) Employs fewer than one hundred fifty full-time employees, eighty percent of whom are residents of this state.
(d) Is organized for profit.
(e) Is engaged in the processing or marketing of any agricultural, agronomic, horticultural, silvicultural, or aquacultural crop, or raw product derived therefrom, or any final derivative resulting from a combination or breakdown of raw farm materials.
(3) "Eligible lending institution" means any bank located in this state and organized under the laws of this state and any national bank having its principal office in this state which is authorized to make commercial or agricultural loans and which agrees to participate in the linked deposit program.
(4) "Linked deposit" means a certificate of deposit placed by the treasurer with an eligible lending institution at three percent below existing investment rates, as determined and calculated by the treasurer, provided the institution agrees to lend the value of such deposit, according to the deposit agreement required by this Section, to eligible agricultural products processing businesses at three percent below the existing borrowing rate applicable to each specific business at the time of the deposit of state funds in the lending institution.
(5) "Treasurer" means the treasurer of the state of Louisiana.
C. The treasurer may invest in linked deposits, as defined by this Section, provided that at the time of placement of any linked deposit the total amount of such investments at any one time shall not exceed, in the aggregate, ten million dollars. When deciding whether to invest in linked deposits, the treasurer shall give priority to the investment, liquidity, and cash flow needs of the state.
D. An eligible lending institution that desires to receive a linked deposit shall accept and review applications for loans from eligible agricultural products processing businesses. The eligible lending institution shall apply all usual lending standards to determine the creditworthiness of each eligible agricultural products processing business. The eligible lending institution shall not charge, levy, or collect any loan application fee, processing fee, or other charges other than its normal loan application fee, processing fee, or other charges when handling a link deposit application.
E.(1) Only one loan through the linked deposit program shall be made and shall be outstanding at any one time to any eligible agricultural products processing business.
(2) The maximum amount which may be loaned to any eligible agricultural products processing business at any one time shall be two hundred thousand dollars.
(3) No loan shall be made to any officer or director of the lending institution making the loan.
F. An eligible agricultural products processing business shall certify on its loan application that the reduced rate loan will be used exclusively to create new jobs or preserve existing jobs and employment opportunities in the state. Whoever knowingly files a false statement concerning such application shall be guilty of the offense of filing false public records and shall be subject to the penalty provided for in R.S. 14:133.
G. In considering which eligible agricultural products processing businesses to include in the linked deposit loan package for reduced rate loans, the eligible lending institution shall give priority to the economic needs of the area of the state in which the business is located, the number of jobs to be created or preserved in the state by the receipt of such loans, and such other factors as the eligible lending institution considers appropriate to determine the relative financial need of the eligible agricultural products processing business.
H. The eligible lending institution shall forward to the commissioner for review a linked deposit loan package, in the form and manner prescribed by the commissioner. The package shall include such information as required by the commissioner including, the amount of the loan requested, the number of jobs to be created or sustained in the state by each eligible agricultural products processing business, the ratio of state funds to be deposited to jobs sustained or created, and any reports, statements, or plans applicable to the business, the overall financial need of the business, and such other factors as the commissioner considers appropriate. The eligible financial institution shall certify that each applicant is an eligible agricultural products processing business as defined by this Section and shall, for each eligible agricultural products processing business, certify the present borrowing rate applicable to each specific eligible agricultural products processing business. The commissioner shall provide written recommendations to the treasurer on each linked deposit loan package received from eligible financial institutions.
I. The treasurer may accept or reject a linked deposit loan package or any portion thereof, based on the treasurer's review of the recommendations of the commissioner, the availability and amount of state funds to be deposited, and a determination of the financial soundness of the financial institution in which the deposit is to be made.
J. Upon acceptance of the linked deposit loan package or any portion thereof, the treasurer may place certificates of deposit with the eligible lending institution at three percent below the current investment rates, as determined and calculated by the treasurer. When necessary, the treasurer may place certificates of deposit prior to acceptance of a linked deposit loan package.
K. The eligible lending institution shall enter into a deposit agreement with the treasurer, which shall include the requirements necessary to carry out the purposes of this Section. The requirements shall reflect the market conditions prevailing in the eligible lending institution's lending area. The agreement may specify the period of time in which the lending institution is to loan funds upon the placement of a linked deposit, and shall include provisions for the certificates of deposit to mature within a period not to exceed one year. The treasurer may renew a certificate of deposit in one year increments but in no event shall the total period of time that a certificate of deposit is placed with any lending institution exceed three consecutive years. Interest shall be paid at the times determined by the treasurer.
L. The period of time for which each certificate of deposit is placed with an eligible lending institution shall be neither longer nor shorter than the period of time for which the linked deposit shall be used to provide loans at reduced interest rates. The agreement shall further provide that the state shall receive investment interest rates on any certificate of deposit or any portion thereof for any period of time for which there shall be no corresponding linked deposit loan outstanding to an eligible agricultural products processing business.
M. Eligible lending institutions shall comply fully with the provisions of this Section and the rules and regulations adopted under this Section.
N. Upon placement of a linked deposit with an eligible lending institution, the institution shall lend such funds to each approved eligible agricultural products processing business listed in the linked deposit loan package. Each loan shall be at a fixed rate of interest for a period of one year which shall be three percent below the current borrowing rate applicable to each eligible agricultural products processing business. All records and documents pertaining to the linked deposit program shall be segregated by each lending institution for ease of identification and examination. A certification of compliance with this Section in the form and manner prescribed by the treasurer shall be completed by the lending institution and filed with the treasurer and the commissioner.
O. The treasurer and the commissioner shall take any and all steps necessary to implement the linked deposit program and monitor compliance of eligible lending institutions and eligible agricultural products processing businesses with the provisions of this Section and the rules and regulations adopted under this Section.
P. Annually, by February first, the treasurer shall report on the linked deposit program for the preceding calendar year to the governor, the commissioner of financial institutions, the president of the Senate, the speaker of the House of Representatives, the chairman of the Senate Committee on Agriculture, Forestry, Aquaculture and Rural Development, and the chairman of the House Committee on Agriculture, Forestry, Aquaculture and Rural Development. The report shall include each linked deposit made by the treasurer during the year and information regarding the nature, terms, and amounts of the loans upon which the linked deposits were based and the agricultural products processing businesses to whom the loans were made. The report shall not include the assets, liabilities, or percent equity of any recipient agricultural products processing business, but shall include a statement by the treasurer that the lending institutions have certified that all recipient agricultural products processing businesses meet the requirements of this Section.
Q. Neither the state, the commissioner, nor the treasurer shall be liable to any lending institution in any manner for payment of the principal or interest on any loan to an eligible agricultural products processing business under this Section. Any delay in payments or default on the part of an agricultural products processing business shall not in any manner affect the deposit agreement between the eligible lending institution and the treasurer. The deposits made by the treasurer under this program shall not be considered pledged in any way to the eligible lending institution in the event of a loan default.
R. The treasurer and commissioner shall adopt rules and regulations in accordance with the Administrative Procedure Act as may be necessary to implement and enforce the provisions of this Section.
S. Whoever intentionally violates any provision of this Section shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars or imprisoned no more than six months, or both, for each violation.
Acts 1989, No. 717, §1; Acts 2003, No. 116, §3, eff. May 28, 2003.
Repealed by Acts 1992, No. 984, §18.
A. The state treasurer may invest available funds and hold, purchase, sell, assign, transfer, and dispose of any of the securities of the Louisiana Education Quality Trust Fund, also known as the Kevin P. Reilly, Sr. Louisiana Education Quality Trust Fund, in its nominee name, "LEQTF & Co.".
B. The treasurer shall submit to the governor and the legislature a report on all investments made under this Section. The report shall be due on the fifteenth day after the end of each quarter and shall cover all investment activity for the previous quarter. The information in the report shall include:
(1) The method by which the fees paid to these persons or companies is calculated.
(2) The total amount of funds invested under this Section for the month.
(3) The rate of investment earnings shown as a percentage of the amount of the investment.
(4) The comparable rate of investment earnings for:
(a) U.S. Treasury two-year notes.
(b) U.S. Treasury thirty-day bills.
Acts 1990, No. 802, §1; Acts 2013, No. 56, §4, eff. May 29, 2013.
A.(1) The Mineral Income Advisory Committee is hereby created. The committee shall be composed of the following members:
(a) The chairman of the House Committee on Appropriations, or his designee.
(b) The chairman of the Senate Finance Committee, or his designee.
(c) The chairman of the House Committee on Ways and Means, or his designee.
(d) The chairman of the Senate Revenue and Fiscal Affairs Committee, or his designee.
(e) The chief economist of the Legislative Fiscal Office.
(2) The chairman of the House Committee on Appropriations, or his designee, shall serve as chair of the committee for the first two years and then the chairman of the Senate Committee on Finance, or his designee, shall serve as chairman for the next two years. Subsequently, the chairmanship shall rotate between the House and Senate committees every two years.
(3) The committee shall meet at least once annually, upon the call of the chair, no later than the first day of March.
(4) The secretary of the Department of Conservation and Energy, the secretary of the Department of Revenue, the commissioner of administration, and the state treasurer shall be available to the committee for the research relative to mineral revenue contracts as provided for in this Section.
(5) No later than the first of May each year, the committee shall report any findings and recommendations to the Revenue Estimating Committee, which shall consider any recommendations at their first meeting following receipt of such report.
B. The state treasurer, on behalf of the state, shall contract with respect to contracts commonly known as commodity or other swap agreements, forward payment conversion agreements, futures, or contracts providing for payments based on levels of or changes in commodity prices, contracts to exchange cash flows or a series of payments or contracts, including without limitation options, puts, or calls to hedge payment, rate, spread, or similar exposure and other devices in order to establish a firm price for all or part of the anticipated mineral production subject to state severance tax and royalty contract, subject to, and in accordance with, the following limitations, restrictions, and procedure:
(1) Such action has been recommended by the Revenue Estimating Conference to the Joint Legislative Committee on the Budget.
(2) The recommendation of the Revenue Estimating Conference has been reviewed by the Joint Legislative Committee on the Budget and the committee has recommended the state treasurer enter into such contracts based on criteria established by the committee which may direct that a portion of any revenue gain associated with a contract be set aside or used to purchase risk protection to cover any risk associated with the contract.
(3) All swap agreements, forward conversion agreements, future contracts, or other contracts authorized in this Section have been selected by the state treasurer through a request for proposal or bid process and any swap bank selected is at least "AA" rated according to industry standards or rated according to other standards adopted by the Mineral Income Advisory Committee.
(4) The proposed contract has been submitted for review and comment to the attorney general who for the purposes of this Section shall be considered and shall act as legal counsel for the Joint Legislative Committee on the Budget.
C. The Joint Legislative Committee on the Budget may require that appropriate insurance is purchased to ensure performance of the contract.
D. In no event shall any contract authorized pursuant to this Section be for a period longer than one year, whether calendar or fiscal.
Acts 1999, No. 817, §1; Acts 2010, No. 948, §1; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
A. Every commercial courier as defined in R.S. 13:3204(D) who has charge or custody of, transports, receives, delivers, or handles public funds, including cash and securities, shall obtain and maintain a fidelity bond. Such bond shall be given by a surety company authorized to do business in this state covering each officer, director, manager, managing participant, agent, and employee without regard to whether the person receives salary or other compensation, before permitting any of them to enter upon the duties of their offices or employment. This bond may be in the form of individual bonds on individual persons, a schedule fidelity bond, or a blanket bond covering all such persons. The bond shall be in an amount not less than one hundred thousand dollars. A true copy of each of the bonds shall be filed with the state treasurer.
B. Such bond shall provide that a cancellation thereof by the surety or by the insured shall not become effective until ten days notice in writing first shall have been given to the state treasurer. The bond shall run to the state of Louisiana for the use of the state and of any state agency, board, or commission who may have a cause of action against the obligor in said bond by virtue of the loss, theft, misappropriation, dishonesty, fraud, defalcation, forgery, and other similar insurable losses of the commercial courier.
Acts 2006, No. 695, §1.
Proposed federal legislation imposes restrictions on the investment by public entities of the proceeds derived from the sale of their bonds, notes, certificates, or other written obligations for the repayment of borrowed monies and certain related monies held in bond funds by requiring the rebate of certain arbitrage profits to the federal government and, in certain instances, the investment of such proceeds and monies in obligations having a yield less than the yield on the applicable bond issue, including special United States Treasury Certificates of Indebtedness, Notes and Bond - State and Local Government Series; and said proposed federal legislation provides for relief from certain of the foregoing investment restrictions if the proceeds of an issue are invested in tax-exempt bonds. It is hereby found and determined that it is desirable and necessary to enable public entities to comply with proposed federal legislation restricting the investment of bond proceeds and to provide greater flexibility and opportunities for such investments, and it is the desire of the legislature to grant additional authority for public entities to invest the proceeds derived from the sale of bonds and certain related monies held in bond funds in direct obligations of, or obligations guaranteed by, the United States of America, without regard to maturity, and in certain tax-exempt obligations.
Acts 1986, No. 66, §1, eff. June 13, 1986.
As used herein, the following terms shall have the following meanings:
A. "Bonds" means bonds, notes, certificates, or other written obligations for the repayment of borrowed money, including obligations to refund any of them.
B. "Public entities" means:
(1) The state of Louisiana, state departments, boards, commissions, or agencies; parishes; municipalities; parish and municipal school boards and districts; levee boards and districts; port boards and commissions; port, harbor, terminal and industrial districts; drainage and land reclamation districts; all special service districts, including but not limited to road, water, sewerage, fire protection, recreation, hospital service, gas utility, and garbage districts;
(2) All other political subdivisions, special authorities, commissions, or boards heretofore or hereafter created by or pursuant to the constitution or statutes of the state, any laws incorporated into or ratified or confirmed by constitution, or general or special charters of any parish or municipality; and
(3) Any other unit of local government created or governed by the governing authority of any parish or municipality.
C. "Tax-exempt bonds" means bonds issued by any state or a political subdivision or public corporation of any state, the interest on which is exempt from federal income taxes; provided that the bonds are rated at the time the investment is made by a nationally recognized rating agency in one of the two highest rating categories.
Acts 1986, No. 66, §1, eff. June 13, 1986.
A. In addition to any other grant of authority contained in the statutes of the state with respect to the investment of public funds and not by way of limitation, public entities shall be authorized to invest the proceeds derived from the sale of their bonds and monies held in any fund established in connection with the bonds in any direct obligation of, or obligation guaranteed by, the United States of America, without limitation as to maturity, and in tax-exempt bonds until such time as such proceeds or monies are required to be expended for the purpose of the issue.
B. Any authorized officer of a public entity which proposes to invest in tax-exempt bonds pursuant to the authority contained in this Part shall to the extent possible give preference and priority to tax-exempt bonds of the state of Louisiana and its political subdivisions and public corporations; and said officer may conclusively rely with respect to the tax-exempt status of any bond on an opinion of nationally recognized bond counsel rendered at the time of issuance of the tax-exempt bond.
C. Nothing contained in this Part is or shall be construed as a restriction or a limitation upon any other powers had and possessed by any public entity and this Part is cumulative and in addition to any such powers. This Part does and shall be construed to provide a complete and additional method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws.
Acts 1986, No. 66, §1, eff. June 13, 1986.
§§351 to 376 Repealed by Acts 1976, No. 649, §2
§§421 to 430 Repealed by Acts 1975, No. 744, §4
The state auditor, the state treasurer, or other ministerial officers of the state shall not appear in any court of the state, either in person or by private counsel, to institute, maintain, defend, prosecute, or in any manner interfere, or attempt to control any suit, writ, or other legal process, except criminal proceedings, which may be brought against him in his official capacity, or in which the state may be interested, directly or indirectly, or be in any wise a party; but in all such cases the proceedings shall be instituted, maintained, defended, or prosecuted by the attorney general as provided by law. The governor or attorney general may in case of necessity, designate a private attorney to conduct such proceedings. The state auditor, the state treasurer and other ministerial officers of the state, or persons charged with the execution of any state contract, or act enjoined by law, or pertaining to the duties of his station shall, on application, or if he has doubt as to the proper course to be pursued, refer the matter with all information in his possession to the attorney general.
In addition to all other duties conferred by law, the attorney general shall represent the State of Louisiana and the Louisiana Public Service Commission before the Federal Power Commission at all hearings on gas rates or allocations or other matters affecting or which could affect the supply of natural gas in Louisiana and maintain effective liaison with the Federal Power Commission concerning gas energy problems in Louisiana or elsewhere which could affect the health, welfare and general economy of the citizens of Louisiana. Provided, however, that nothing in this section shall be construed so as to grant to the attorney general any authority to represent the Louisiana Public Service Commission in any matter, proceeding, or litigation not set forth specifically in this paragraph.
Amended by Acts 1972, No. 636, §1.
No court of the state shall entertain, or maintain, or recognize any action, suit, writ, or other legal process, nor any pleading in any case wherein the State Auditor, the State Treasurer, or any other ministerial officer, appears as a party to the record, either in person or by private counsel, but all such proceedings shall be refused or dismissed either ex officio or on motion as in case of non-suit, without prejudice to the rights of parties interested.
In every such case the officer unlawfully appearing shall be condemned to pay the costs of suit therein.
Notice of such dismissal shall be served on the Attorney General, or proper district attorney, who may, on motion, reinstate and maintain such action as it stood at the moment of dismissal, without prejudice to the rights of parties interested, if he deems it expedient so to do.
In every case in which process issues from any court against the State Auditor or any other ministerial officer of the state, service shall also be made on the officer, and he shall be amenable, to all process of court, and subject to punishment for any violation of any order, writ or judgment, and further punishment as the court may deem necessary to maintain its jurisdiction and enforce its mandates.
Any attorney of any of the boards or institutions of state who refuses or fails to represent the board or institution of which he has been chosen attorney on the plea that he represents or is employed by a person with an adverse interest, shall resign his attorneyship, and if he fails to tender his resignation within fifteen days, his said attorneyship shall by operation of this law become vacant.
A. Members of the Public Service Commission and the Louisiana Tax Commission shall not appear, or plead in any court of the state in any capacity for or against any corporation subject to the jurisdiction of their respective boards, nor shall they appear or represent claimants or litigants in any capacity whatsoever, directly or indirectly, in any cause to which any corporation subject to the jurisdiction of their boards is a party.
B. Any person who violates the provisions of this Section shall be imprisoned not less than six months not more than twelve months and fined not less than one hundred dollars nor more than five hundred dollars.
There is hereby created the Department of Revenue, which shall be directed and controlled by a collector of revenue, who shall have and exercise all authority and power in relation to the collection of taxes that is prescribed by law.
Added by Acts 1975, No. 156, §1.
The collector of revenue shall be appointed by and shall serve at the pleasure of the governor. He may be removed from office by the governor for any cause by him deemed sufficient. His compensation shall be fixed by the governor.
Added by Acts 1975, No. 156, §1.
The Department of Revenue shall be responsible for the regulation of charitable gaming in accordance with the provisions of Chapter 11 of Title 4 of the Louisiana Revised Statutes of 1950.
Acts 1999, No. 568, §2, eff. June 30, 1999.
NOTE: See Acts 1999, No. 568, §§5 and 7.
The secretary of the Department of Revenue for the state of Louisiana and agents of the office of charitable gaming are authorized to have direct access by means of computer interfacing to criminal history records maintained by the office of state police, Department of Public Safety and Corrections, for the purpose of issuing, denying, suspending, revoking, or conditioning a charitable gaming license or for any other action necessary with respect to a charitable gaming license.
Acts 1999, No. 568, §2, eff. June 30, 1999.
NOTE: See Acts 1999, No. 568, §§1, 2, and 4.
This Chapter may be cited as the Federal Grant Review Act.
Acts 1978, No. 724, §1, eff. Oct. 1, 1978.
As used in this Chapter:
A. "State agency" means any board, commission, department, agency, or institution, including colleges and universities, in the executive, legislative, or judicial branch of the State, or any official or authorized representative of said agency.
B. "Political subdivision" means any parish, municipality, or any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions.
C. "Federal agency" means the United States government or any of its boards, departments, commissions, corporations, or agencies or any official or authorized representatives thereof.
Acts 1978, No. 724, §1, eff. Oct. 1, 1978.
A. Each state agency or political subdivision shall report its plans for participation in any new or existing programs supported by any assistance from any federal agency to the division of administration, hereafter referred to as the division, and shall use such form(s) relative to its declaration of intent to apply for federal aid as shall be prescribed by the division for such reporting purpose. In addition, the report shall include any other information which the division may require. Such report shall be made to the division at least thirty calendar days prior to submission of any application for assistance to any federal agency.
B. The division shall submit all state plan applications to the governor for review and comment.
C. The division shall review such reports and information submitted under provisions of this Section. Officers, officials, and agencies shall comply with requests by the division for additional information relative to such proposed applications.
D. The division shall maintain a record of all applications, as provided in this Section, that are submitted for federal assistance. Each state agency submitting such an application to a federal agency shall notify the division of the date such application is submitted to the appropriate federal agency.
Acts 1988, No. 625, §5.
A. The division of administration shall be responsible for and shall administer the Community Development Block Grant Program.
B. The office of community development disaster recovery unit shall terminate procedures in effect on June 18, 2014 under which disaster recovery monies paid as a result of Hurricanes Katrina and Rita, including monies paid under the Road Home program, are to be recovered by the office if such monies are alleged to have been improperly paid to or misspent by the recipients.
C. The office of community development disaster recovery unit shall not initiate recovery of disaster monies paid as a result of Hurricanes Katrina and Rita, including recovery of monies paid under the Road Home program, until procedures for recovery of these monies are adopted by the office in accordance with the provisions of this Section.
D. The office of community development disaster recovery unit shall recover funds improperly paid to or misspent by recipients through procedures developed in accordance with the following minimum requirements:
(1) The office shall provide documentation that any letter sent to a recipient, seeking confirmation that disaster monies paid to that person were used in accordance with the program rules for which they were received, was received at the recipient's correct municipal address.
(2) The letter to a recipient shall clearly indicate the information needed to verify that disaster monies were used by the recipient in accordance with program rules.
(3) The recipient of the letter shall have a minimum of ninety days within which to respond to the office by mail, return receipt requested, or in person.
(4) All issues concerning program compliance shall be resolved within sixty days after the office receives the information requested.
E. The office of community development disaster recovery unit shall develop the procedures as provided for in Subsection C of this Section by October 1, 2014.
Acts 1988, 1st Ex. Sess., No. 1, §4, eff. Mar. 28, 1988; Acts 2014, No. 709, §1, eff. June 18, 2014.
The division of administration shall be responsible for functions relating to local and regional governmental training programs, technical assistance to local and regional governments and authorities, and programs relating to planning and research for state and local levels of government. It shall administer the neighborhood assistance tax credit program provided in R.S. 47:35.
Acts 1988, 1st Ex. Sess., No. 1, §4, eff. Mar. 28, 1988.
Each state agency or political subdivision shall report any information concerning final action on applications taken by any federal agency rejections, amendments, deferments, or withdrawals to the division within seven working days of receipt of notification of any given action, including awards, and that reporting will be accomplished on a form prescribed by the division.
Acts 1988, No. 625, §5.
A. The federal review section is hereby created and established in the division of administration in the office of the governor.
B. The commissioner of administration shall appoint an assistant commissioner for federal review who shall serve as an assistant to the commissioner on matters related to federal grant programs. The assistant commissioner shall appoint such other personnel as may be deemed necessary to carry out the functions of the office.
C. The governor is hereby authorized to transfer from any department of the executive branch of state government to the division of administration such personnel whose responsibilities entail the identification, analysis, or monitoring of federal programs and such related clerical personnel as he deems necessary and proper to carry out the provisions of this Section. Persons transferred hereunder shall be employees of the division of administration.
D. The functions of the federal review section of the division of administration shall include the following and such other functions related to the participation of state agencies or political subdivisions of the state in federal programs as the commissioner may assign:
(1) Reviewing and analyzing all federal grant applications by state agencies or political subdivisions of the state in an effort to determine the overall dependence of state government on federal grant programs, the feasibility of implementation of federal programs, the consequences to the state of dependence on federal funds, the limitations placed on state programs by federal grant requirements, and any other impact that participation by state agencies or political subdivisions of the state in federal grant programs may have on the state.
(2) Receiving, analyzing, and maintaining information with respect to action taken by the federal government or its agencies on applications by state agencies for federal grant assistance.
(3) Responding to requests by the governor or legislative bodies on matters related to this Section.
(4) Making timely reports to the commissioner of administration who shall forward such reports to the governor, the joint legislative committee on the budget or its successor, and the legislative fiscal office on any federal grant application that may result in the duplication of programs, additional expense to state government, competition among state agencies for funding assistance, or conflict with state policy.
(5) Periodically reporting on the findings of analyses to the legislature and the governor. Such reports shall include recommendations directed toward maximizing the benefits of participation by the state through its agencies and political subdivisions in federal grant programs.
Acts 1978, No. 724, §1, eff. Oct. 1, 1978. Amended by Acts 1981, No. 674, §1.
Repealed by Acts 1981, No. 674, §2
Repealed by Acts 2012, No. 251, §10.
Repealed by Acts 1978, No. 724, §1, eff. Oct. 1, 1978
It is the purpose of this Chapter to prohibit discrimination on the basis of race, sex, religion, and age in the delivery of services financed with federal funds available to the state in the form of block grants wherein the federal government gives the state wide discretion regarding the purpose for which and manner of expenditure of the funds. It is also the purpose of this Chapter to ensure respect for the civil rights of beneficiaries and recipients of said block grant funds.
Added by Acts 1982, No. 386, §1.
"Block grant" means any federal funds that are available to the state for expenditure for broad purposes as opposed to requirements that they be spent in specific program areas.
Added by Acts 1982, No. 386, §1.
Unless existing federal guidelines and requirements of a federal block grant provide for such, any executive agencies which receive federal block grant funds shall prepare a plan for the expenditure of the funds which prohibits discrimination on the basis of race, sex, religion, and age and ensures respect for the civil rights of program recipients. They shall present such plan, prior to implementation, at public hearings to be held at a location in each of the public service commission districts of the state and shall adopt such plan in accordance with the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950.
Added by Acts 1982, No. 386, §1.
Agencies responsible for the implementation of federal block grant programs shall provide sufficient monitoring of such programs so as to ensure compliance with the requirements of Section 673 of this Chapter.
Added by Acts 1982, No. 386, §1.
§§701 to 715 Repealed by Acts 1972, No. 687, §1
§§801 to 810 Repealed by Acts 1987, No. 751, §1.
This chapter shall be known and may be cited as the "Emergency Interim State Executive Succession Act."
Acts 1963, No. 111, §1.
Because of the possibility of attack of unprecedented size and destructiveness upon the United States, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state, in the event of such an attack, to provide for the effective operation of government during an emergency and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for emergency interim succession to state governmental offices, except that of Governor, in the event that the incumbents thereof and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices, hereinafter referred to as deputies, are unavailable to perform the duties and functions of such offices.
Acts 1963, No. 111, §2.
Unless otherwise clearly required by the context, as used in this Chapter:
(1) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy and his duly authorized deputy, are absent or unable to exercise the powers and discharge the duties of the office.
(2) "Emergency interim successor" means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution and statutes, or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
(3) "Office" includes all state offices, the powers and duties of which are defined by the constitution and statutes, except the office of governor, and except those in the legislature and the judiciary.
(4) "Attack" means any act of terrorism, attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological or biological means, or other weapons or processes.
Acts 1963, No. 111, §3; Acts 2003, No. 40, §5, eff. May 23, 2003.
All state officers, subject to such regulations as may be issued by the governor or other official authorized under the constitution or other authority to exercise the powers and discharge the duties of the office of governor, shall, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this chapter to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three nor more than seven such deputies or emergency interim successors or any combination thereof, at any time. In the event that any state officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the governor under the constitution or laws or other official authorized under the constitution or laws to exercise the powers and discharge the duties of the office of governor may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law, or an officer or his deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.
Acts 1963, No. 111, §4.
At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.
Acts 1963, No. 111, §5.
Officials authorized to act, pursuant to this chapter, as emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The legislature by concurrent resolution, may at any time terminate the authority of said emergency interim successors to exercise the powers and discharge the duties of office as herein provided.
Acts 1963, No. 111, §6.
Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this chapter, including R.S. 49:856, said persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause.
Acts 1963, No. 111, §7.
Any dispute concerning a question of fact arising under this Chapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the office of governor shall be adjudicated by the governor, or other official authorized under the constitution or laws to exercise the powers and discharge the duties of the office of governor and his decision shall be final.
Acts 1963, No. 111, §8.
Because of the growing number of occupations, professions and trades which are regulated by various agencies, boards and commissions of the state of Louisiana, and because said agencies, boards and commissions use the police power of the state in their regulatory, licensing and fee-collecting activities, and because there is at present no central depository of information with respect to the activities of said agencies, it is hereby declared to be the policy of the State of Louisiana that the governor be authorized to require the various agencies, boards and commissions engaged in regulatory and licensing activities to submit information and reports in such manner as he may direct with respect to the activities and financial condition of said agencies.
Added by Acts 1966, No. 452, §1.
Agency, as used in this Chapter, means any agency, board, commission or other instrumentality of the State of Louisiana which is engaged in the regulation and/or licensing of any occupation, profession or trade, except those which may be directly related to the legislative or judicial branches of the state government.
Added by Acts 1966, No. 452, §1.
A. The governor of the State of Louisiana is hereby authorized to request and receive, in such manner and at such time as he may direct, information relating to the activities of any agency to which this Chapter applies. The request for information may include, but not necessarily be limited to the following: All rules, regulations and procedures employed by the agency; all examination requirements, standards, criteria and qualifications as conditions precedent for admission to the appropriate trade, occupation or profession; annual reports on the number of applications and the names of those admitted to practice; an accounting and report on the amount of examination, admissions and annual fees exacted for the privilege of maintaining the individual's status as one in official good standing in his trade, occupation or profession; any provisions for disciplinary actions, fines and forfeiture; and, generally, any and all written information and reports that may be of legitimate interest to the executive branch of the state government in determining whether the authority vested in such agencies by law is being exercised with proper judgment, discretion and restraint.
B. Pursuant to the authority in this Chapter, the governor shall review on an annual basis not less than twenty percent of the agencies engaged in regulatory and licensing activities. Within five years, the governor shall have reviewed all such agencies. Pursuant to the provisions of this Section, the information obtained from the annual reviews shall be made available to the public in a timely manner.
Added by Acts 1966, No. 452, §1; Acts 2018, No. 693, §1.
This Chapter shall be known as the Administrative Procedure Act and may be cited as the Administrative Procedure Act.
Added by Acts 1982, No. 129, §1.
As used in this Chapter:
(1) "Adjudication" means agency process for the formulation of a decision or order.
(2) "Adopt", "adopted", or "adoption", when pertaining to a fee in this Chapter, shall include action proposed by an agency to adopt, apply, assess, charge, implement, levy, or otherwise collect a fee pursuant to authorization by law that the agency may adopt, apply, assess, charge, implement, levy or otherwise collect such fee.
(3) "Agency" means each state board, commission, department, agency, officer, or other entity which makes rules, regulations, or policy, or formulates, or issues decisions or orders pursuant to, or as directed by, or in implementation of the constitution or laws of the United States or the constitution and statutes of Louisiana, except the legislature or any branch, committee, or officer thereof, any political subdivision, as defined in Article VI, Section 44 of the Constitution of Louisiana, and any board, commission, department, agency, officer, or other entity thereof, and the courts.
(4) "Decision" or "order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency, in any matter other than rulemaking, required by constitution or statute to be determined on the record after notice and opportunity for an agency hearing, and including non-revenue licensing, when the grant, denial, or renewal of a license is required by constitution or statute to be preceded by notice and opportunity for hearing.
(5) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.
(6) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency, except that an agency is a "person" for the purpose of appealing an administrative ruling in a disciplinary action brought pursuant to Title 37 of the Louisiana Revised Statutes of 1950 prior to the final adjudication of such disciplinary action.
(7) "Preamble" means a brief explanation of the basis and rationale for the intended administrative rulemaking action including a summary of the information and data supporting the intended action.
(8) "Rule" means each agency statement, guide, or requirement for conduct or action, exclusive of those regulating only the internal management of the agency and those purporting to adopt, increase, or decrease any fees imposed on the affairs, actions, or persons regulated by the agency, which has general applicability and the effect of implementing or interpreting substantive law or policy, or which prescribes the procedure or practice requirements of the agency. "Rule" includes, but is not limited to, any provision for fines, prices or penalties, the attainment or loss of preferential status, and the criteria or qualifications for licensure or certification by an agency. A rule may be of general applicability even though it may not apply to the entire state, provided its form is general and it is capable of being applied to every member of an identifiable class. The term includes the amendment or repeal of an existing rule but does not include declaratory rulings or orders or any fees.
(9) "Rulemaking" means the process employed by an agency for the formulation of a rule. Except where the context clearly provides otherwise, the procedures for adoption of rules and of emergency rules as provided in R.S. 49:961 and 962 shall also apply to adoption, increase, or decrease of fees. The fact that a statement of policy or an interpretation of a statute is made in the decision of a case or in an agency decision upon or disposition of a particular matter as applied to a specific set of facts involved does not render the same a rule within this definition or constitute specific adoption thereof by the agency so as to be required to be issued and filed as provided in this Subsection.
Acts 1995, No. 1057, §1, eff. June 29, 1995 and Jan. 8, 1996 (1/8/96 date applicable to Dept. of Health and Hospitals only); Acts 1997, No. 1224, §1; Acts 2010, No. 775, §1, eff. June 30, 2010; Acts 2021, No. 211, §11; Acts 2022, No. 663, §1; Acts 2023, No. 98, §1, eff. June 6, 2023.
A. Nothing in this Chapter shall be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Notwithstanding the foregoing, and except as provided in R.S. 49:954, any and all statutory requirements regarding the adoption or promulgation of rules other than those contained in R.S. 49:953, 961, 962, 965, and 966 are hereby superseded by the provisions of this Chapter and are repealed. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the requirements of this Chapter through the issuance of rules or otherwise.
B. If any provision of this Chapter or the application thereof is held invalid, the remainder of this Chapter or other applications of such provision shall not be affected. No subsequent legislation shall be held to supersede or modify the provisions of this Chapter except to the extent that such legislation shall do so expressly.
C. The courts of this state shall take judicial cognizance of rules promulgated in the Louisiana Register under the provisions of this Chapter.
D. Repealed by Acts 1978, No. 252, §3.
Acts 1966, No. 382, §16, eff. July 1, 1967. Amended by Acts 1979, No. 578, §§1, 2, eff. July 18, 1979; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 791, §18; Acts 2022, No. 663, §1; Redesignated from R.S. 49:966; Acts 2023, No. 98, §1, eff. June 6, 2023.
NOTE: Former R.S. 49:952 redesignated as R.S. 49:956 by Acts 2022, No. 663, §1.
A. The office of the state register shall compile, index, and publish a publication to be known as the Louisiana Administrative Code, containing all effective rules adopted by each agency subject to the provisions of this Chapter, and all boards, commissions, agencies, and departments of the executive branch, notwithstanding any other provision of law to the contrary. The office of the state register shall also publish all executive orders issued by the governor. The Louisiana Administrative Code shall be supplemented or revised as often as necessary and at least once every two years.
B. The Office of the State Register shall publish at least once each month a bulletin to be known as the Louisiana Register which shall set forth the text of all rules filed during the preceding month and such notices as shall have been submitted pursuant to this Chapter. It shall also set forth all executive orders of the governor issued during the preceding month and a summary or digest of and fiscal note prepared for each such order as required by the provisions of R.S. 49:215. In addition, the Office of the State Register may include in the Louisiana Register digests or summaries of new or proposed rules; however, if any conflict should arise between the written digest of a rule and the rule, the rule shall take precedence over the written digest.
C. The Office of the State Register shall publish such rules, notices, statements, and other such matters as submitted by the rulemaking agency without regard to their validity. However, the Office of the State Register may omit from the Louisiana Register or Louisiana Administrative Code any rule the publication of which would be unduly cumbersome, expensive, or otherwise inexpedient, if the rule in printed or processed form is made available on application to the adopting agency, and if the Louisiana Register or Louisiana Administrative Code, as the case may be, contains a notice stating the general subject matter of the omitted rule and stating how a copy thereof may be obtained.
D. One copy, or multiple copies if practical, of the Louisiana Register and Louisiana Administrative Code shall be made available upon request to state depository libraries free of charge, and to other agencies or persons at prices fixed by the Office of the State Register to recover all or a portion of the mailing and publication costs. Notwithstanding the provisions of R.S. 49:951(2) to the contrary, the Office of the State Register shall provide free copies of the Louisiana Register and the Louisiana Administrative Code to the David R. Poynter Legislative Research Library, the Senate Law Library, and the Huey P. Long Memorial Law Library.
E. The Office of the State Register shall prescribe a uniform system of indexing, numbering, arrangement of text and citation of authority and history notes for the Louisiana Administrative Code.
F. The Office of the State Register may publish advertisements for bids and other legal notices in the Louisiana Register in addition to other publications thereof required by law.
G. The Office of the State Register is hereby authorized and empowered to promulgate and enforce interagency rules for the implementation and administration of this Section.
H. The governor shall be the publisher of the Louisiana Administrative Code and Louisiana Register provided for through the Office of the State Register.
Added by Acts 1974, No. 284, §1, eff. Jan. 1, 1975. Amended by Acts 1975, No. 730, §1; Acts 1976, No. 279, §1; Acts 1978, No. 252, §1; Acts 1982, No. 687, §1, eff. Aug. 2, 1982; Acts 1988, No. 604, §1, eff. July 14, 1988; Acts 1988, No. 937, §1, eff. July 26, 1988; Acts 1990, No. 9, §2; Acts 1993, No. 119, §1; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 791, §18; Acts 2022, No. 663, §1; Redesignated from R.S. 49:954.1.
NOTE: Former R.S. 49:953 redesignated as R.S. 49:961 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:962 by Acts 2022, No. 663, §1.
A. This Chapter shall not be applicable to the Board of Tax Appeals, the Department of Revenue, with the exception of the Louisiana Tax Commission that shall continue to be governed by this Chapter in its entirety, unless otherwise specifically provided by law, and the administrator of the Louisiana Employment Security Law; however, the provisions of R.S. 49:951 (3), (5), (6), (8), and (9), 953, 956, 961, 962, 965, 966, 969, and 970 shall be applicable to the board, department, and administrator.
B.(1) The provisions of R.S. 49:966(F) and 970 shall not be applicable to any rule promulgated by the State Civil Service Commission or the Public Service Commission.
(2) The provisions of this Chapter shall not be applicable to entities created as provided in Part V of Chapter 6 of Title 34 of the Louisiana Revised Statutes of 1950.
C. The provisions of R.S. 49:968, 978.1, and 979 shall not be applicable to any rule, regulation, or order of any agency subject to a right of review under the provisions of R.S. 30:12.
D. The provisions of R.S. 49:968, 978.1, and 979 shall not apply to any rule, regulation, or policy and procedure statements issued by or for the Department of Public Safety and Corrections, corrections services, concerning:
(1) The internal management and daily operations of a correctional institute, probation and parole district office, or headquarters function.
(2) General law statements that are substantially repetitions of state or federal law.
(3) The implementation and processes for carrying out a court-ordered sentence of death and any and all matters related to the regulations for the sentence of death.
E. The provisions of R.S. 49:968, 978.1, and 979 shall apply only to the regulations and policies of the Department of Public Safety and Corrections, corrections services, that affect the substantial rights of, or administrative remedies available to, the public or any offender incarcerated in a state correctional facility or local jail facility.
Acts 1983, No. 409, §2. Acts 1984, No. 244, §1; Acts 1985, No. 869, §1, eff. July 23, 1985; Acts 1986, No. 494, §1; Acts 1990, No. 248, §1; Acts 1992, No. 53, §1; Acts 1997, No. 1172, §9, eff. June 30, 1997; Acts 1997, No. 1484, §1, eff. July 16, 1997; Acts 2010, No. 777, §3; Acts 2010, No. 889, §2; Acts 2022, No. 663, §1; Redesignated from R.S. 49:967; Acts 2023, No. 98, §1, eff. June 6, 2023.
NOTE: Former R.S. 49:954 redesignated as R.S. 49:965 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:953 by Acts 2022, No. 663, §1.
NOTE: See Acts 2004, No. 220, §2, relative to validity and effectiveness of certain rules, permits, and licenses.
Redesignated as R.S. 49:963.1 by Acts 2022, No. 663, §1.
A.(1) The legislature recognizes that it is essential to the operation of a democratic government that prior to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee, that the provisions of this Chapter be followed, except as otherwise specifically excepted, exempted, or limited by law.
(2) The legislature further recognizes that it is essential to the operation of a democratic government that the people be made aware of all exceptions, exemptions, and limitations to this Chapter. In order to foster the people's awareness, the legislature declares that all exceptions, exemptions, and limitations to this Chapter pertaining to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee be cited or provided for in this Chapter or the Constitution of Louisiana.
B. The legislature further recognizes that there exist specific exceptions, exemptions, and limitations to the laws pertaining to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee throughout the revised statutes and codes of this state. Such exceptions, exemptions, and limitations are hereby continued in effect by incorporation into this Chapter by citation:
(1) R.S. 6:121.1(A), 121.3(A), 969.34, and 1092(F).
(2) R.S. 9:3552(C), 3556.2(A), and 3561(D)(2).
(3) R.S. 13:4202(B)(2).
(4) R.S. 18:1511.2(B).
(5) R.S. 22:1260.10(B).
(6) R.S. 27:220(C).
(7) R.S. 29:788(C).
(8) R.S. 30:4(I)(5), 918(B), and 925(A)(2) and (D).
(9) R.S. 37:1806.1(B) and 3012(B)(1).
(10) R.S. 40:5.3(B), 406(B)(1), and 600.6(A)(4)(b).
(11) R.S. 42:814(C).
(12) R.S. 49:258(1).
(13) R.S. 51:1285(A), 1929.1(A), 2389.1(A), and 3090.
(14) R.S. 56:319(D) and 2014.
C. The legislature further recognizes that there exist provisions of law which authorize an agency to adopt, increase, or decrease a fee without specifically providing that such action shall be taken in accordance with this Chapter. Any action taken pursuant to such authorization shall be in accordance with this Chapter, unless it is specifically otherwise excepted, exempted, or limited in the Constitution of Louisiana or in law.
D. The provisions of this Chapter relative to fees shall not be applicable to a higher education management board created by Article VIII, Section 6, 7, or 7.1 of the Constitution of Louisiana.
Acts 2010, No. 775, §1, eff. June 30, 2010; Acts 2022, No. 663, §1; Redesignated from R.S. 49:967.1; Acts 2024, No. 546, §2, eff. July 1, 2024.
NOTE: Former R.S. 49:955 redesignated as R.S. 49:975 by Acts 2022, No. 663, §1.
Each agency which engages in rulemaking shall:
(1) File with the Office of the State Register a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests.
(2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available.
(3) Make available for public inspection all rules, preambles, responses to comments, and submissions and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions and publish an index of such rules, preambles, responses to comments, submissions, statements, and interpretations on a regular basis.
(4) Make available for public inspection all final orders, decisions, and opinions.
Acts 1966, No. 382, §2, eff. July 1, 1967. Amended by Acts 1978, No. 252, §1; Acts 1979, No. 578, §1, eff. July 18, 1979; Acts 1990, No. 1085, §1, eff. July 31, 1990; Acts 1993, No. 386, §1; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2022, No. 663, §1; Redesignated from R.S. 49:952.
NOTE: Former R.S. 49:956 redesignated as R.S. 49:975.1 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:975.2 by Acts 2022, No. 663, §1.
A.(1) Each agency shall include on its Internet website the information required by Subsection B of this Section.
(2)(a) If an agency does not have an Internet website, the department of which the agency is a part shall include the information required by Subsection B of this Section for the agency on the website of the department.
(b) If an agency in the office of the governor does not have an Internet website, the division of administration shall include the information required by Subsection B of this Section for the agency on the Internet website of the division of administration.
B. All of the following information shall be included on the website:
(1) A brief description of each rule or fee that the agency is in the process of adopting, amending, or repealing. For each rule or fee, links to the following shall be included:
(a) The full text of the current rule or fee.
(b) A link to the Louisiana Register website showing the proposed rule or statement of the proposed fee.
(c) The name and contact information of the agency representative responsible for responding to inquiries about the intended action as required by R.S. 49:961(A)(2)(d).
(d) The time when, the place where, and the manner in which interested persons may present public comment concerning the intended action as required by R.S. 49:961(A)(2)(e).
(e) The anticipated effective date for the proposed rule or fee.
(f) A copy of the notice of intent submitted to the Louisiana Register pursuant to R.S. 49:961(A)(3) and the date the notice of intent will be published in the Louisiana Register.
(g) A copy of the report submitted to the legislative oversight subcommittees pursuant to R.S. 49:966(D)(1)(b) and a copy of the public notice required by R.S. 49:966(D)(1)(c).
(h) A copy of any announcement of a hearing and report made pursuant to R.S. 49:966(H)(2).
(i) A copy of any report received by the agency from a legislative oversight subcommittee pursuant to R.S. 49:966(F) or from the governor pursuant to R.S. 49:966(I).
(2) A copy of the annual report submitted to the legislative oversight subcommittees by the agency pursuant to R.S. 49:966(K).
C.(1)(a) The information required to be published pursuant to Subparagraphs (B)(1)(a) through (g) of this Section shall be published in the manner required by this Section no later than five days after the date on which the agency submits the report for the proposed rule or fee to the legislative oversight subcommittees pursuant to R.S. 49:966(B).
(b) The copy of the announcement required to be published pursuant to Subparagraph (B)(1)(h) of this Section shall be published in the manner required by this Section no later than five days after the announcement is submitted to the Louisiana Register in accordance with R.S. 49:966(H)(2).
(c) The copy of the report required to be published pursuant to Subparagraph (B)(1)(i) of this Section shall be published in the manner required by this Section no later than five days after the report is received by the agency.
(d) The copy of the annual report required to be published pursuant to Paragraph (B)(2) of this Section shall be published in the manner required by this Section no later than five days after the report is submitted to the legislative oversight subcommittees by the agency pursuant to R.S. 49:966(K).
(2) If an agency does not have an internet website, the agency shall submit the information required by this Section to be published to the department or to the division of administration, as the case may be, in a manner which allows enough time for the information to be published as required by this Section prior to the applicable deadline provided in Paragraph (1) of this Subsection.
D.(1) All of the information required to be published pursuant to this Section shall be archived for a minimum of one year following the date of publication.
(2) Each agency, department, or the division of administration, as the case may be, shall include on its Internet home page a link to the information required to be published pursuant to this Section.
E. The provisions of this Section shall not be construed to require the publication of information concerning the adoption, amendment, or repeal of any rule or fee unless and until the agency gives notice of its intended action pursuant to R.S. 49:961(A).
Acts 2014, No. 401, §1, eff. Jan. 1, 2015; Acts 2022, No. 663, §1; Redesignated from R.S. 49:974.
NOTE: Former R.S. 49:957 redesignated as R.S. 49:976 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:977 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:977.1 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:977.2 by Acts 2022, No. 663, §1.
A.(1) An agency shall give notice of its intention to adopt, amend, or repeal any rule and a copy of the proposed rules at least ninety days prior to taking action on the rule.
(2) The notice shall include all of the following:
(a) A statement by the agency clearly describing the proposed action being taken.
(b) A statement by the legislative fiscal office on whether the proposed action will result in a fiscal impact.
(c) A statement by the legislative fiscal office on whether the proposed action will result in an economic impact.
(d) The name of the agency representative responsible for responding to inquiries about the intended action.
(e) The time, place, and manner in which interested persons may present public comment regarding the intended action.
(f) A statement that the intended action complies with the statutory law administered by the agency, including a citation of the enabling legislation.
(g) A preamble explaining the basis and rationale for the intended action and summarizing the information and data supporting the intended action.
(h) All of the following statements concerning the proposed action:
(i) The impact on family formation, stability, and autonomy required by R.S. 49:972.
(ii) The impact on child, individual, or family poverty in relation to individual or community asset development required by R.S. 49:973.
(iii) The economic impact on small businesses required by R.S. 49:974.4.
(iv) The small business regulatory flexibility analysis required by R.S. 49:974.5.
(3) The notice shall be published at least once in the Louisiana Register and shall be submitted with a full text of the proposed rule to the Louisiana Register at least one hundred days prior to the date the agency will take action on the rule.
(4) After the notice is published in the Louisiana Register, the agency shall make available copies of the full text of the proposed rule no later than two working days after receiving a written request.
(5) Notice of the intent of an agency to adopt, amend, or repeal any rule and the approved fiscal and economic impact statements shall be transmitted to all persons who have made timely request of the agency for notice. The notice and statements shall be transmitted at the earliest possible date, but not later than ten days after the date when the proposed rule change is submitted to the Louisiana Register.
(6) For the purpose of this Subsection, the date of notice is the date of publication of the issue of the Louisiana Register in which the notice appears as stated on the outside cover or the first page of the issue.
B.(1) The agency shall afford all interested persons a reasonable opportunity to submit data, views, comments, or arguments, orally or in writing. In the case of substantive rules, the agency shall grant an opportunity for oral presentation or argument if requested within twenty days after publication of the rule pursuant to Subsection A of this Section by twenty-five persons, by a governmental subdivision or agency, by an association having not less than twenty-five members, or by a committee of either house of the legislature to which the proposed rule change has been referred pursuant to R.S. 49:966.
(2) Any hearing held pursuant to the provisions of Paragraph (1) of this Subsection shall be held no earlier than thirty-five days and no later than forty-five days after the publication of the Louisiana Register in which the notice of the intended action appears.
(3) The agency shall consider fully all written and oral comments and submissions respecting the proposed rule. The agency shall respond to the comments and submissions describing the principal reasons for and against adoption of any amendments or changes suggested in the written or oral comments and submissions.
(4) The response required by Paragraph (3) of this Subsection shall be furnished to the respective legislative oversight subcommittees at least five days prior to the day the legislative oversight subcommittee hearing is to be held on the proposed rule and shall be made available to interested persons no later than one day following their submission to the appropriate legislative oversight subcommittee. If no legislative oversight hearing is to be held, the agency shall send its response to comments or submissions on the rule to any person who presented comments or submissions on the rule and to any requesting person not later than fifteen days prior to the time of publication of the final rule.
(5) The agency shall, upon request, make available to interested persons the report submitted pursuant to R.S. 49:966(D) no later than one working day following the submittal of such report to the legislative oversight subcommittees.
C.(1) The statement of fiscal impact shall be prepared by the proposing agency and submitted to the legislative fiscal office for its approval. The fiscal impact statement shall include a statement of the receipt, expenditure, or allocation of state funds or funds of any political subdivision of the state.
(2) The statement of economic impact shall be prepared by the proposing agency and submitted to the legislative fiscal office for its approval. The economic impact statement shall include an estimate of the cost to the agency to implement the proposed action, including the estimated amount of paperwork; an estimate of the cost or economic benefit to all persons directly affected by the proposed action; an estimate of the impact of the proposed action on competition and the open market for employment, if applicable; and a detailed statement of the data, assumptions, and methods used in making each of the above estimates.
D. When a rule is adopted, amended, or repealed in compliance with federal regulations, the adopting agency's notice of intent and the actual text of the rule as published in the Louisiana Register shall be accompanied by a citation of the volume, number, date, and page number of the Federal Register issue in which the determining federal regulation is published.
E.(1) No agency shall adopt, amend, or repeal any rule if the accompanying fiscal and economic impact statement approved by the legislative fiscal office indicates that the rule change would result in any increase in the expenditure of state funds, unless the rule is adopted as an emergency rule pursuant to the requirements of R.S. 49:962 or unless the legislature has specifically appropriated the funds necessary for the expenditures associated with the rule change.
(2) The fiscal and economic impact statement shall be summarized by the agency as to the estimated costs or economic benefits, or both, to directly affected persons, small businesses, or nongovernmental groups, and the summary shall be published in the Louisiana Register.
(3) No later than the tenth day of the month, the office of the state register shall electronically transmit to the commercial division of the Department of State the summary of the fiscal and economic impact statement.
(4)(a) Except as otherwise provided in Subparagraph (b) of this Paragraph, any proposed action that the legislative fiscal office determines will result in either the expenditure of state funds or an economic impact involving costs to regulated entities estimated at two hundred thousand dollars per year or more or six hundred thousand dollars or more over three years shall not take effect unless the appropriate legislative oversight subcommittees determine that the action is acceptable. However, this requirement shall not apply if the legislative fiscal office determines that the fiscal or economic impact of the proposed action is less than or equal to the amount accounted for in the fiscal note for legislation that required the action.
(b) A proposed action specified in Subparagraph (a) of this Paragraph may take effect without a determination by the legislative oversight committees that the action is acceptable only if both of the following occur:
(i) At least one legislative oversight committee fails to conduct a hearing for the purpose of making a determination regarding the proposed action within thirty days of receipt of the report required by R.S. 49:966(D)(1)(b).
(ii) The governor deems the action acceptable in writing.
F.(1) No later than the tenth day of the month, the office of the state register shall electronically transmit to the commercial division of the Department of State all of the following information:
(a) The small business economic impact statement prepared by the agency pursuant to R.S. 49:974.4 and the small business regulatory flexibility analysis prepared pursuant to R.S. 49:974.5.
(b) The summary of the estimated costs to small businesses, citizens, and nongovernmental groups as provided in Subsection E of this Section.
(c) Any potpourri notices which are submitted to the office of the state register pursuant to R.S. 49:974.4.
(2) Prior to electronically sending the information required in this Subsection and Subsection E of this Section to the commercial division of the Department of State, the office of the state register shall divide the information by agency.
Acts 1966, No. 382, §3, eff. July 1, 1967. Amended by Acts 1974, No. 284, §1, eff. Jan. 1, 1975; Acts 1975, No. 730, §1; Acts 1976, No. 279, §1; Acts 1978, No. 252, §1; Acts 1980, No. 392, §1; Acts 1983, No. 713, §1; Acts 1984, No. 953, §1; Acts 1985, No. 371, §1, eff. July 9, 1985; Acts 1986, 1st Ex. Sess., No. 11, §1, eff. Jan. 1, 1987; Acts 1987, No. 853, §1; Acts 1990, No. 1063, §1; Acts 1990, No. 1085, §§1 and 2, eff. July 31, 1990; Acts 1991, No. 104, §1, eff. June 30, 1991; Acts 1993, No. 119, §1; Acts 1993, No. 274, §1; Acts 1993, No. 386, §1; Acts 1995, No. 512, §1; Acts 1995, No. 642, §1; Acts 1995, No. 1057, §1, eff. June 29, 1995 and Jan. 8, 1996 (1/8/96 date applicable to Dept. of Health and Hospitals only); Acts 1996, 1st Ex. Sess., No. 36, §3, eff. May 7, 1996; Acts 1999, No. 1183, §1; Acts 2008, No. 580, §6; Acts 2010, No. 777, §1; Acts 2012, No. 781, §1, eff. June 13, 2012; Acts 2012, No. 854, §1, eff. Jan. 1, 2013; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 791, §18; Acts 2018, No. 454, §1, eff. January 1, 2019; Acts 2019, No. 204, §1, eff. Feb. 1, 2020; Acts 2020, No. 153, §1; Acts 2021, No. 211, §§11, 13; Acts 2022, No. 663, §1; Redesignated from R.S. 49:953; Acts 2025, No. 98, §1.
NOTE: Former R.S. 49:961 redesignated as R.S. 49:977.3 by Acts 2022, No. 663, §1.
A.(1) In extraordinary circumstances, an agency may adopt an emergency rule as an alternative to the rulemaking provisions provided for in R.S. 49:961. An emergency rule may be adopted by an agency without prior notice or a public hearing for any of the following reasons:
(a) To prevent imminent peril to the public health, safety, or welfare.
(b) To avoid sanctions or penalties from the United States.
(c) To avoid a budget deficit in the case of the medical assistance program.
(d) To secure new or enhanced federal funding.
(e) To effectively administer provisions of law related to the imposition, collection, or administration of taxes when required due to time constraints related to congressional, legislative, or judicial action.
(2) It shall not be considered an emergency if the agency is acting in the normal course and scope of fulfilling its mission, failed to take necessary steps in the administration of the agency to avoid an emergency, is promulgating rules to implement an Act of the legislature unless the Act specifically directed the agency to proceed with emergency rulemaking, or is continually republishing existing emergency rules.
(3) Subject to applicable constitutional or statutory provisions, an emergency rule shall become effective on the date of its adoption, or on a date specified by the agency to be not more than sixty days from the date of its adoption, provided written notice is given as required by Subsection B of this Section.
(4) An emergency rule shall not remain in effect beyond the publication date of the Louisiana Register published in the month following the month in which the emergency rule is adopted, unless the emergency rule and the reasons for adoption are published in that issue. An emergency rule shall not be effective for a period longer than one hundred eighty days.
(5) No emergency rule shall be adopted by an agency more than two consecutive times unless the agency is operating under a state or federal declaration of disaster, a state or federal public health emergency, or an ongoing emergency as authorized by the legislature, governor, or other provision of law. However, the agency may concurrently proceed with the adoption of an identical rule pursuant to the procedure provided for in R.S. 49:961(A).
B.(1) No later than five days after the adoption of an emergency rule, the agency shall provide notice in writing of its emergency action along with a copy of the emergency rule. The notice shall contain, at a minimum, all of the following:
(a) A preamble which states the specific provision or provisions of Paragraph (A)(1) of this Section the agency is citing as cause for emergency rulemaking and the specific facts and detailed reasoning for emergency rulemaking in order to satisfy the criteria for an emergency rule.
(b) The name of the person within the agency who has the responsibility for responding to inquiries about the action.
(c) A statement that the intended action complies with the statutory law administered by the agency, including a citation of the enabling legislation.
(2)(a) The notice required in Paragraph (1) of this Subsection shall be transmitted to the governor of the state of Louisiana, the attorney general, the speaker of the House of Representatives, the president of the Senate, and the office of the state register in accordance with each entity's transmittal policy.
(b) No later than five days after the adoption of the emergency rule, the agency shall transmit a copy of the notice required in Paragraph (1) of this Subsection to all persons who have made timely request of the agency for notice of rule changes.
(3) The office of the state register may omit from the Louisiana Register any emergency rule which would be unduly cumbersome, expensive, or otherwise inexpedient to print, if the emergency rule in printed or processed form is made available on application to the adopting agency, and if the Louisiana Register contains a notice stating the general subject matter of the omitted emergency rule, the reasons for the finding of the emergency submitted by the agency, and how a copy may be obtained.
C. The validity of an emergency rule may be determined in an action for declaratory judgment in the district court of the parish in which the agency is located. The agency shall be made a party to the action. An action for a declaratory judgment under this Section may be brought only by a person to whom such emergency rule is applicable or who would be adversely affected by such emergency rule and only on the grounds that the emergency rule does not meet the criteria for adoption of an emergency rule as provided in Paragraph (A)(1) of this Section. The court shall declare the emergency rule invalid if it finds that there is not sufficient evidence that such emergency rule must be adopted on an emergency basis for one or more of the reasons for adoption of an emergency rule as provided in Subsection A of this Section. Notwithstanding any provision of law to the contrary, the emergency rule shall remain in effect until such declaratory judgment is rendered. The provisions of R.S. 49:968 shall not apply to any action brought pursuant to this Section. The provisions of this Section are in addition to R.S. 49:968 and shall not limit any action pursuant to R.S. 49:968.
D.(1) Within sixty days after receipt of the emergency rule and agency notice required in Subsection B of this Section by the presiding officer of either the House of Representatives or the Senate, an oversight subcommittee of either house may individually or jointly conduct a hearing to review the emergency rule and make a determination of whether the emergency rule meets the criteria for an emergency rule set forth in Subsection A of this Section. The oversight subcommittee shall also make the following determinations:
(a) Whether the emergency rule is in conformity with the intent and scope of the enabling legislation purporting to authorize the emergency rule.
(b) Whether the emergency rule is in conformity with and not contrary to all applicable provisions of law and of the constitution.
(c) The advisability or relative merit of the emergency rule.
(d) Whether the emergency rule is acceptable or unacceptable to the oversight subcommittee.
(2)(a) If within sixty days after receipt of the emergency rule and agency notice required in Subsection B of this Section either the House or Senate oversight committee determines that an emergency rule is unacceptable, the respective subcommittee shall provide a written report which contains the following:
(i) A copy of the emergency rule.
(ii) A summary of the determinations made by the oversight committee.
(b) The written report shall be delivered to the governor, the agency proposing the rule change, and the Louisiana Register no later than four days after the oversight committee makes its determination.
(3) If an emergency rule is determined to be unacceptable by an oversight committee, the agency shall not propose a rule change or emergency rule that is the same as or substantially similar to the disapproved emergency rule within four months after issuance of a written report by the subcommittee issued pursuant to this Subsection, nor more than once during the interim between regular sessions of the legislature.
E. Within sixty days after adoption of an emergency rule, the governor may review such emergency rule and make the determinations as provided in Subsection D of this Section. If within this time period the governor finds an emergency rule unacceptable, he shall prepare a written report as provided in Paragraph (D)(2) of this Section and transmit copies to the agency proposing the emergency rule and the Louisiana Register no later than four days after the governor makes his determination.
F. Upon receipt by the agency of a report issued by the oversight subcommittee or the governor finding an emergency rule unacceptable, the emergency rule shall be nullified and shall be without effect. The governor shall have no authority to disapprove the action taken on an emergency rule by the oversight subcommittee.
G. The Department of Wildlife and Fisheries and the Louisiana Wildlife and Fisheries Commission may employ the timetables and provisions of this Section in promulgating rules and regulations relative to hunting seasons, trapping seasons, alligator seasons, shrimp seasons, oyster seasons, and finfish seasons and size limits, and all rules and regulations pursuant thereto. Rules adopted annually pursuant to this Subsection which open and close the offshore and fall shrimp seasons, the oyster seasons, the marine finfish seasons, the webless migratory game bird hunting season, and the trapping season shall be effective for the duration of the respective season. Notwithstanding the provisions of Subsection D of this Section, any legislative oversight hearing held on a rule proposed under the provisions of this Subsection shall be held no earlier than five days and no later than thirty days following the date of adoption of the rule.
Acts 2021, No. 211, §11; Acts 2022, No. 663, §1; Redesignated from R.S. 49:953.1.
NOTE: Former R.S. 49:962 redesignated as R.S. 49:977.4 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:978 by Acts 2022, No. 663, §1.
A.(1) Notwithstanding any other provision of this Chapter to the contrary, if the Department of Environmental Quality proposes a rule that is not identical to a federal law or regulation or is not required for compliance with a federal law or regulation, the department shall do all of the following:
(a) Adopt and promulgate the proposed rule separately from any proposed rule or set of proposed rules that is identical to a federal law or regulation or required for compliance with a federal law or regulation, unless the only difference between the proposed rule or set of proposed rules and the corresponding federal law or regulation is a proposed fee. For purposes of this Subsection, the term "identical" shall mean that the proposed rule has the same content and meaning as the corresponding federal law or regulation.
(b)(i) Provide a brief summary which explains the basis and rationale for the proposed rule; identifies the data and evidence, if any, upon which the rule is based; and identifies any portions of the proposed rule that differ from federal law or regulation if there is a federal law or regulation which is not identical but which corresponds substantially to the proposed rule.
(ii) The summary shall be provided along with the notice of intent and shall be published in the Louisiana Register or made available along with the proposed rule as provided in R.S. 49:961(A)(4). The department may also provide the summary when proposing a rule identical to a corresponding federal law or regulation or proposing a rule which is required for compliance with federal law or regulation to explain the basis and rationale for the proposed rule.
(2) Notwithstanding any other provision of this Chapter to the contrary, when the department proposes a rule that is identical to a federal law or regulation applicable in Louisiana, except as provided in Paragraph (3) of this Subsection, it may use the following procedure for the adoption of the rule:
(a) The department shall publish a notice of the proposed rule at least sixty days prior to taking action on the rule as provided below. The notice, which may include an explanation of the basis and rationale for the proposed rule, shall include all of the following:
(i) A statement of either the terms or substance of the intended action or a description of the subjects and issues involved.
(ii) A statement that no fiscal or economic impact will result from the proposed rule.
(iii) The name of the person within the department who has responsibility for responding to inquiries about the intended action.
(iv) The time, place, and manner in which interested persons may present their views including the notice for a public hearing required by R.S. 30:2011(D)(1).
(v) A statement that the intended action complies with the law administered by the department, including a citation of the specific provisions of law which authorize the proposed rule.
(b) Notice of the proposed rule shall be published at least once in the Louisiana Register and shall be submitted with a full text of the proposed rule to the Louisiana Register at least seventy days prior to the date the department proposes to formally adopt the rule. The office of the state register may omit from the Louisiana Register any proposed rule, the publication of which would be unduly cumbersome, expensive, or otherwise inexpedient, if the Louisiana Register contains a notice stating the general subject matter of the omitted proposed rule, the process being employed by the department for adoption of the proposed rule, and how a copy of the proposed rule may be obtained.
(c) Notice of the intent of the department to adopt the rule shall be transmitted to all persons who have made timely request for notice at the earliest possible date, and in no case later than ten days after the date when the proposed rule is submitted to the Louisiana Register.
(d) For the purposes of this Paragraph, the date of notice is the date of publication of the issue of the Louisiana Register in which the notice appears as stated on the outside cover or the first page of the issue.
(e) The department shall afford all interested persons an opportunity to submit data, views, comments, or arguments related to the proposed rule, in writing, during a period of no less than thirty days. The department shall consider fully all written comments and submissions respecting the proposed rule.
(f) The department shall make available to all interested persons copies of the proposed rule from the time the notice of its adoption is published in the Louisiana Register.
(g) The department shall issue a response to comments and submissions describing the principal reasons for and against adoption of any amendments or changes suggested in the written comments and submissions and specifically addressing any assertion that the proposed rule is not identical to the federal law or regulation upon which it is based. The department shall issue the response to comments and submissions to any person who presented comments or submissions on the rule and to any requesting person no later than fifteen days prior to the time of publication of the final rule.
(h) No later than fifteen days prior to the time of publication of the final rule in the Louisiana Register, the secretary or any authorized assistant secretary of the department shall do each of the following:
(i) Certify under oath, to the governor of the state of Louisiana, the attorney general of Louisiana, the speaker of the House of Representatives, the president of the Senate, the chairman of the House Committee on Natural Resources and Environment, the chairman of the Senate Committee on Environmental Quality, and the office of the state register that the proposed rule is identical to a specified federal law or regulation applicable in Louisiana.
(ii) Furnish the chairman of the Senate Committee on Environmental Quality and the chairman of the House Committee on Natural Resources and Environment the response to comments and submissions required under Subparagraph (g) of this Paragraph, together with a copy of the notice required under Subparagraph (a) of this Paragraph.
(i) Unless specifically requested, in writing, by the chairman of the House Committee on Natural Resources and Environment or the chairman of the Senate Committee on Environmental Quality within ten days of the certification provided under Subparagraph (h) of this Paragraph, there shall be no legislative oversight of the proposed rule. If, however, legislative oversight is properly requested, R.S. 49:961(B)(2) and (3) and 966 shall thereafter apply with respect to the proposed rule.
(j) In the absence of legislative oversight, the proposed rule may be adopted by the department no earlier than sixty days, nor later than twelve months, after the official notice of the proposed rule was published in the Louisiana Register. The proposed rule shall be effective upon its publication in the Louisiana Register subsequent to the act of adoption.
(3) The procedures set forth in Paragraph (2) of this Subsection for the adoption by the department of rules identical to federal laws or regulations applicable in Louisiana shall not be available for the adoption of any rules creating or increasing fees.
B.(1) Prior to or concurrent with publishing notice of any proposed policy, standard, or regulation pursuant to Subsection A of this Section and prior to promulgating any policy, standard, or final regulation whether pursuant to R.S. 49:965 or otherwise under the authority of the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., the department shall publish a report, or a summary of the report, in the Louisiana Register which includes:
(a) A statement identifying the specific risks being addressed by the policy, standard, or regulation and any published, peer-reviewed scientific literature used by the department to characterize the risks.
(b) A comparative analysis of the risks addressed by the policy, standard, or regulation relative to other risks of a similar or analogous nature to which the public is routinely exposed.
(c) An analysis based upon published, readily available peer-reviewed scientific literature, describing how the proposed and final policy, standard, or regulation will advance the purpose of protecting human health or the environment against the specified identified risks.
(d) An analysis and statement that, based on the best readily available data, the proposed or final policy, standard, or regulation presents the most cost-effective method practically achievable to produce the benefits intended regarding the risks identified in Subparagraph (a) of this Paragraph.
(2) No regulation shall become effective until the secretary complies with the requirements of Paragraph (1) of this Subsection.
(3) This provision shall not apply in those cases where the policy, standard, or regulation meets one or more of the following criteria:
(a) Is required for compliance with a federal law or regulation.
(b) Is identical to a federal law or regulation applicable in Louisiana.
(c) Will cost the state and affected persons less than one million dollars, in the aggregate, to implement.
(d) Is an emergency rule under R.S. 49:962.
(4) For purposes of this Subsection, the term "identical" shall mean that the proposed rule has the same content and meaning as the corresponding federal law or regulation.
(5) In complying with this Section, the department shall consider any scientific and economic studies or data timely provided by interested parties which are relevant to the issues addressed and the proposed policy, standard, or regulation being considered.
Acts 2022, No. 663, §1.
NOTE: Former R.S. 49:963 redesignated as R.S. 49:968 by Acts 2022, No. 663, §1.
The Department of Environmental Quality shall codify its rules and regulations in effect on March 1, 1992, in the Environmental Regulatory Code, and thereafter, shall update such codification of its rules and regulations on a quarterly basis. The secretary shall complete and offer for sale at cost the initial codification within one hundred and eighty days from March 1, 1992.
Acts 1991, No. 735, §2, eff. July 18, 1991; Acts 2022, No. 663, §1; Redesignated from R.S. 49:954.3.
A.(1) An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within ninety days after submission of a petition, the agency shall either deny the petition in writing, stating reasons for the denial, or shall initiate rulemaking proceedings in accordance with this Chapter. Each agency shall include on its website a description of the procedure for submitting petitions in accordance with this Subsection.
(2) The Office of the State Register shall provide for and host an online portal on its webpage to allow any interested person the opportunity to comment on any rule of an agency which the person believes is contrary to law, outdated, unnecessary, overly complex, or burdensome. The Office of the State Register shall forward each comment to the appropriate agency. Within ninety days after receiving a comment, the agency shall either respond in writing to the person stating reasons that the agency disagrees with the comment or shall initiate rulemaking proceedings to address the comments in accordance with this Chapter.
B.(1) At least once prior to January 1, 2020, and at least once during every six-year period thereafter, each agency subject to Subsection A of this Section which engages in rulemaking shall conduct a public hearing for the purpose of allowing any interested person the opportunity to comment on any rule of the agency which the person believes is contrary to law, outdated, unnecessary, overly complex, or burdensome. The agency shall publish notice of the meeting in the Louisiana Register, give notice of the meeting electronically to the appropriate legislative oversight committees, and provide notice of the meeting to all persons who have made timely request of the agency for notice of rule changes, all no later than thirty days prior to the meeting.
(2) The notice of the meeting shall contain:
(a) The name of the agency.
(b) The purpose of the meeting.
(c) The time and place of the meeting.
(d) The process for requesting reasonable accommodations for persons with disabilities.
(e) The name and contact information of the person within the agency to whom interested persons should direct their views regarding the agency's rules, if in writing, and the deadline for submission of written comments.
(3) The agency shall consider fully all written and oral comments and submissions concerning its rules. The agency shall advise persons who provide oral comments that in order to be submitted to the legislative oversight committees, comments must be submitted to the agency in writing. The agency shall issue a response to each submission describing the principal advantages and disadvantages of the rule changes suggested in the submission. In addition, the agency may prepare a statement explaining the basis and rationale for the rule in question identifying the data and evidence upon which the rule is based. All such statements and responses to submissions shall be furnished to the respective legislative oversight committees in the manner provided by R.S. 49:966(K) and shall be made available to interested persons as soon as possible but no later than one day following their submission to the appropriate legislative oversight committees.
C. Any interested person may request review of an occupational regulation by submitting a petition to the occupational licensing board that issued the regulation. An occupational licensing board shall review a regulation provided for in the petition for full compliance with the least restrictive regulation as set forth in R.S. 37:43 or R.S. 49:260, as applicable.
D. Each year, each agency shall review a sufficient number of the rules adopted by the agency so that all of the rules of the agency have been reviewed within a five-year period and shall submit a report to the appropriate legislative oversight committees in the manner provided by R.S. 49:966(K). The report shall include a listing of the rules reviewed by the agency during the previous calendar year, a description of whether each such rule is necessary and consistent with law and the agency's mission, a determination whether the probable benefits of the rule outweigh the burdens and costs on persons regulated by the rule, and the agency's proposed action, if any, regarding each such rule; a complete listing of rules reviewed by the agency since the beginning of the five-year period; and the percentage of the agency's rules that have been reviewed by the agency since the beginning of the five-year period.
Acts 2022, No. 663, §1; Acts 2024, No. 192, §1.
NOTE: Former R.S. 49:964 redesignated as R.S. 49:978.1 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:978.2 by Acts 2022, No. 663, §1.
A. No rule adopted is valid unless adopted in substantial compliance with this Chapter. Each rulemaking agency shall file a certified copy of its rules with the office of the state register. No rule shall be effective, nor may it be enforced, unless it has been properly filed with the office of the state register. No rule adopted shall be effective, nor may it be enforced, unless prior to its adoption a report relative to the proposed rule change is submitted to the appropriate standing committee of the legislature or to the presiding officers of the respective houses as provided in R.S. 49:966. No rule shall be effective, nor may it be enforced, unless the approved economic and fiscal impact statements, as provided in R.S. 49:961, have been filed with the office of the state register and published in the Louisiana Register. The inadvertent failure to mail notice and statements to persons making request for such mail notice, as provided in R.S. 49:961, shall not invalidate any rule adopted hereunder. A proceeding under R.S. 49:968 to contest any rule on the grounds of noncompliance with the procedures for adoption, as given in this Chapter, must be commenced within two years from the date upon which the rule became effective.
B.(1) Each rule hereafter adopted shall be effective upon its publication in the Louisiana Register, said publication to be subsequent to the act of adoption, except that if a later date is required by statute or specified in the rule, the later day is the effective date.
(2) An emergency rule shall be considered effective pursuant to the provisions of R.S. 49:962.
Acts 1966, No. 382, §4, eff. July 1, 1967. Amended by Acts 1968, No. 474, §1; Acts 1974, No. 284, §1, eff. Jan. 1, 1975; Acts 1975, No. 730, §1; Acts 1978, No. 252, §1; Acts 1980, No. 392, §1; Acts 1990, No. 248, §1; Acts 1990, No. 1085, §1, eff. July 31, 1990; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 791, §18; Acts 2021, No. 211, §11; Acts 2022, No. 663, §1; Redesignated from R.S. 49:954.
NOTE: Former R.S. 49:965 redesignated as R.S. 49:979 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:980 by Acts 2022, No. 663, §1.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2010, No. 861, §21; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
A. It is the declared purpose of this Section to provide a procedure whereby the legislature may review the exercise of rulemaking authority and the adoption, increasing, or decreasing of fees, extensions of the legislative lawmaking function, which it has delegated to state agencies.
B. Prior to the adoption, amendment, or repeal of any rule or the adoption, increase, or decrease of any fee, the agency shall submit a report relative to the proposed rule change or fee adoption, increase, or decrease to the appropriate standing committees of the legislature and the presiding officers of the respective houses as provided in this Section. The report shall be submitted on the same day that the notice of the intended action is submitted to the Louisiana Register for publication in accordance with R.S. 49:961. The report shall be submitted to each standing committee electronically if electronic means are available. If no electronic means are available, the report shall be submitted to the committee's office in the state capitol by certified mail with return receipt requested or by messenger who shall provide a receipt for signature. The electronic receipt by the committee, return receipt or the messenger's receipt shall be proof of receipt of the report by the committee.
(1) Louisiana Economic Development, all of the agencies made a part of it, and those agencies transferred to or placed within the office of the governor pursuant to R.S. 36:4.1 shall submit the report to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs.
(2) Corrections services of the Department of Public Safety and Corrections and all the agencies of the department related to corrections and concealed weapons and concealed weapon permits, except as otherwise provided in this Subsection, the Louisiana State Board of Private Security Examiners, and the gaming enforcement section of the office of state police within the Department of Public Safety and Corrections shall submit all reports other than reports on proposed rule changes affecting prison enterprise programs, to the House Committee on Administration of Criminal Justice and the Senate Committee on Judiciary, Section C; however, the Crime Victims Reparation Board shall submit the report to the House Committee on the Judiciary and the Senate Committee on the Judiciary, Section B.
(3) The Department of Culture, Recreation and Tourism and all of the agencies made a part of it, except as otherwise provided in this Paragraph, shall submit the report to the House Committee on Municipal, Parochial and Cultural Affairs and the Senate Committee on Commerce, Consumer Protection, and International Affairs.
(a) The office of the state library, the office of the state museum, the State Board of Library Examiners, the Louisiana Archaeological Survey and Antiquities Commission, the Board of Directors of the Louisiana State Museum, the Board of Commissioners of the State Library of Louisiana, the Louisiana State Arts Council, the Louisiana State Capitol Fiftieth Anniversary Commission, and the Louisiana National Register Review Committee shall submit the report to the House Committee on Municipal, Parochial and Cultural Affairs and the Senate Committee on Education.
(b) The office of state parks and the State Parks and Recreation Commission shall submit the report to the House Committee on Municipal, Parochial and Cultural Affairs and the Senate Committee on Natural Resources.
(c) The office of tourism and promotion and the Louisiana Tourist Development Commission shall submit the report to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs.
(4) The Department of State and all of the agencies made a part of it shall submit a report to the House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs.
(5) Louisiana Works and all of the agencies made a part of it shall submit the report to the House Committee on Labor and Industrial Relations and the Senate Committee on Labor and Industrial Relations.
(6) The Department of Transportation and Development and all of the agencies made a part of it shall submit the report, to the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works. The department shall also submit to the standing committees any policies or priorities developed for the expenditure or distribution of any monies from the Transportation Trust Fund as created by Article VII, Section 27 of the Constitution of Louisiana. The policies and priorities shall be submitted for review purposes only.
(7) Repealed by Acts 2001, No. 451, §5, eff. Jan. 12, 2004.
(8) The Department of Justice and all of the agencies made a part of it shall submit the report to the House Committee on the Judiciary and the Senate Committee on the Judiciary, Section C.
(9) The Department of Civil Service and all of the agencies made a part of it shall submit the report to the House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs; however, the Board of Tax Appeals shall submit the report to the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs.
(10) The Department of Revenue and all of the agencies made a part of it, except as otherwise provided in this Paragraph, shall submit the report to the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs; however, the office of charitable gaming shall submit the report to the House Committee on Administration of Criminal Justice and the Senate Committee on Judiciary, Section B.
(11) The Department of Conservation and Energy and all of the agencies made a part of it shall submit the report to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources. However, for exercises of the commissioner of conservation's rulemaking authority pursuant to Chapter 13-A-1 of Title 38 of the Louisiana Revised Statutes of 1950, the department shall submit the report to the House Committee on Natural Resources and Environment and the Senate Committee on Environmental Quality.
(12) Public Safety Services of the Department of Public Safety and Corrections and all the agencies of the department related to public safety, except as otherwise provided in this Subsection, shall submit the report to the House Committee on the Judiciary and the Senate Committee on the Judiciary, Section B; however, the office of motor vehicles shall submit the report to the House Committee on Transportation, Highways and Public Works and the Senate Committee on the Judiciary, Section B; however, the office of the state fire marshal, code enforcement and building safety, shall submit the report to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection and International Affairs.
(13) The Wildlife and Fisheries Commission and the Department of Wildlife and Fisheries and all of the agencies made a part of it shall submit the report to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources.
(14) The Department of Insurance and all of the agencies made a part of it shall submit the report to the House Committee on Insurance and the Senate Committee on Insurance.
(15)(a) The Department of the Treasury and all of the agencies made a part of it, except as otherwise provided in this Paragraph, shall submit the report to the House Committee on Appropriations and the Senate Committee on Finance.
(b) Each retirement system made a part of the Department of the Treasury shall submit the report to the House Committee on Retirement and the Senate Committee on Retirement.
(16) The Louisiana Department of Health and all of the agencies made a part of it shall submit the report to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.
(17) The Department of Children and Family Services and all of the agencies made a part of it shall submit the report to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.
(18) The Department of Agriculture and Forestry and all of the agencies made a part of it shall submit all reports, and the Department of Public Safety and Corrections and all the agencies made a part of it shall submit reports on proposed rule changes affecting prison enterprise programs to the House Committee on Agriculture, Forestry, Aquaculture and Rural Development and the Senate Committee on Agriculture, Forestry, Aquaculture and Rural Development.
(19) The Department of Education and all of the agencies made a part of it shall submit the report to the House Committee on Education and the Senate Committee on Education.
(20) The Department of Public Service and all of the agencies made a part of it shall submit the report to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs.
(21)(a) Except as provided in Paragraph (1) of this Subsection, the office of the governor and the office of the lieutenant governor and all of the agencies within or part of either and any other agency for which provisions are not otherwise made in this Subsection, shall submit the report to the speaker of the House of Representatives and the president of the Senate, except that executive orders duly issued by the governor and attested to by the secretary of state are exempt from the provisions of this Chapter. The speaker of the House of Representatives and the president of the Senate shall promptly forward the report to the appropriate standing committee of their respective houses.
(b) The Louisiana Workforce Investment Council shall submit the report to the House Committee on Labor and Industrial Relations and the Senate Committee on Labor and Industrial Relations.
(c) The Office of Group Benefits shall submit the report to the House Committee on Appropriations and the Senate Committee on Finance.
NOTE: Subparagraph (d) eff. upon appropriation of funds sufficient to fully fund the provisions of Acts 2020, 2nd Ex. Sess., No. 24.
(d) The office of broadband and connectivity shall submit the report to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs.
(22) The Department of Environmental Quality and all of the agencies made a part of it shall submit the report to the House Committee on Natural Resources and Environment and the Senate Committee on Environmental Quality.
(23) The Louisiana Sentencing Commission shall submit the report to the House Committee on the Administration of Criminal Justice and the Senate Committee on the Judiciary, Section C.
(24)(a) In addition to the submission of a report relative to a proposed rule change or fee adoption, increase, or decrease by an agency to the appropriate standing committee as specified in Paragraphs (1) through (23) of this Subsection, whenever the fiscal impact of the rule or fee adoption, increase, or decrease, as indicated by the statement of fiscal impact required by Paragraph (C)(5) of this Section, exceeds one million dollars, the report on the proposed rule change or fee adoption, increase, or decrease shall also be submitted to the Senate Committee on Finance and the House Committee on Appropriations and shall be subject to review by those committees in the same manner and to the same extent as the review of the standing committees provided for in Paragraphs (1) through (23) of this Subsection.
(b) Whenever the fiscal impact or economic impact of the proposed rule change or fee adoption, increase, or decrease is five hundred thousand dollars or more as indicated by the statement of fiscal impact or the statement of economic impact required by Subsection C of this Section, the agency shall transmit the report provided for in Subsection C of this Section to each member of the legislature via electronic mail on the same day the notice of the intended action is submitted to the Louisiana Register for publication in accordance with R.S. 49:961.
C. The report, as provided for in Subsection B of this Section, shall contain:
(1) A copy of the rule as it is proposed for adoption, amendment, or repeal and a statement of the amount of the fee to be adopted or the amount of the proposed increase or decrease. The rule shall be coded with any new rule or language that is to be added to an existing agency rule underscored and any language that is to be deleted from an existing agency rule in struck-through type.
(2) A statement of whether the rule is proposed for adoption, amendment, or repeal; a brief summary of the content of the rule if proposed for adoption or repeal; and a brief summary of the change in the rule if proposed for amendment.
(3) The specific citation of the enabling legislation purporting to authorize the adoption, amending, or repeal of the rule or purporting to authorize the adoption, increasing, or decreasing of the fee.
(4) A statement of the circumstances which require adoption, amending, or repeal of the rule or adoption, increasing, or decreasing of the fee.
(5) A statement of the fiscal impact of the proposed action and a statement of the economic impact of the proposed action, both approved by the Legislative Fiscal Office.
D.(1)(a) The chairman of each standing committee to which reports are submitted shall appoint an oversight subcommittee, which may conduct hearings on all rules that are proposed for adoption, amendment, or repeal and on all proposed fee adoptions, increases, or decreases. Any hearing shall be conducted after any hearing is conducted by the agency pursuant to R.S. 49:961.
(b) The agency shall submit a report to the subcommittee, in the same manner as the submittal of the report provided for in Subsection B of this Section, which shall include all of the following:
(i) A summary of all testimony at any hearing conducted pursuant to R.S. 49:961.
(ii) A summary of all comments received by the agency, a copy of the agency's response to the summarized comments, and a statement of any tentative or proposed action of the agency resulting from oral or written comments received.
(iii) A revision of the proposed rule if any changes to the rule have been made since the report provided for in Subsection B of this Section was submitted, or a statement that no changes have been made.
(iv) A concise statement of the principal reasons for and against adoption of any amendments or changes suggested.
(c) The agency shall publish on its website public notice that the report required by Subparagraph (b) of this Paragraph has been delivered to the appropriate standing committee as provided for in Subsection B of this Section within five business days from submission of the report to the appropriate standing committee. If the agency does not maintain a website, the agency may submit the public notice to the office of the state register for publication on a website maintained by the office of the state register.
(2)(a) Except as provided in Paragraph (H)(2) of this Section, any subcommittee hearing on a proposed rule shall be held no earlier than five days and no later than thirty days following the day the report required by Subparagraph (1)(b) of this Subsection is received by the subcommittee.
(b) The oversight subcommittee may consist of the entire membership of the standing committee and shall consist of at least a majority of the membership of the standing committee, at the discretion of the chairman of the standing committee, with the concurrence of the speaker of the House of Representatives or the president of the Senate. House and Senate oversight subcommittees may meet jointly or separately to conduct hearings for purposes of rules review.
(3) At the hearings, the oversight subcommittees shall make all of the following determinations:
(a) Whether the rule change or action on fees is in conformity with the intent and scope of the enabling legislation purporting to authorize the adoption thereof.
(b) Whether the rule change or action on fees is in conformity and not contrary to all applicable provisions of law and of the constitution.
(c) The advisability or relative merit of the rule change or action on fees.
(d) Whether the rule change or action on fees is acceptable or unacceptable to the oversight subcommittee.
E.(1)(a) Each determination shall be made by the respective subcommittees of each house acting separately. Action by a subcommittee shall require the favorable vote of a majority of the members of the subcommittee who are present and voting, provided a quorum is present.
(b) No later than three weeks before the deadline for legislative oversight action, the chairman of the subcommittee may request, by letter, the consent of the subcommittee members to have a mail ballot instead of a meeting to consider a proposed rule or proposed fee action. If no objection is received within ten days of the chairman's request, the chairman shall cause a mail ballot to be sent to the members of the subcommittee. In order for the subcommittee to reject a proposed rule or proposed fee action, a majority of ballots returned to the chairman at least twenty-four hours prior to the deadline for legislative oversight action must disapprove the change. Any determination by the subcommittee shall be made within the period provided for oversight hearings in Paragraph (D)(2) of this Section.
(2) Failure of a subcommittee to conduct a hearing or to make a determination regarding any rule proposed for adoption, amendment, or repeal shall not affect the validity of a rule otherwise adopted in compliance with this Chapter.
F.(1) If either the House of Representatives or the Senate oversight subcommittee determines that a proposed rule change or proposed fee action is unacceptable, the respective subcommittee shall provide a written report which contains all of the following:
(a) A copy of the proposed rule or a statement of the amount of the proposed fee action.
(b) A summary of the determinations made by the subcommittee in accordance with Subsections D and E of this Section.
(2) The written report shall be delivered to the governor, the agency proposing the rule change, and the Louisiana Register no later than four days after the committee makes its determination.
G. After receipt of the report of the subcommittee, the governor shall have ten calendar days in which to disapprove the action taken by the subcommittee. If the action of the subcommittee is not disapproved by the governor within ten calendar days from the day the subcommittee report is delivered to him, the rule change shall not be adopted by the agency until it has been changed or modified and subsequently found acceptable by the subcommittee, or has been approved by the standing committee, or by the legislature by concurrent resolution. If a proposed rule change is determined to be unacceptable by an oversight committee and the determination is not disapproved by the governor as provided in this Section, the agency shall not propose a rule change or emergency rule that is the same or substantially similar to such disapproved proposed rule change nor shall the agency adopt an emergency rule that is the same or substantially similar to such disapproved proposed rule change within four months after issuance of a written report by the subcommittee as provided in Subsection F of this Section nor more than once during the interim between regular sessions of the legislature.
H.(1) If both the House of Representatives and Senate oversight subcommittees fail to find a proposed rule change unacceptable, or if the governor disapproves the action of an oversight subcommittee within the time provided in Subsection G of this Section, the proposed rule change may be adopted by the agency in the identical form proposed by the agency or with technical changes or with changes suggested by the subcommittee if at least ninety days and no more than twelve months have elapsed since notice of intent was published in the Louisiana Register.
(2) Substantive changes to a rule proposed for adoption, amendment, or repeal occur if the nature of the proposed rule is altered or if the changes affect additional or different substantive matters or issues not included in the notice required by R.S. 49:961. Whenever an agency seeks to substantively change a proposed rule after notice of intent has been published in the Louisiana Register pursuant to R.S. 49:961, the agency shall hold a public hearing on the substantive changes preceded by an announcement of the hearing in the Louisiana Register. A notice of the hearing shall be mailed within ten days after the date the announcement is submitted to the Louisiana Register to all persons who have made request of the agency for notice. Any hearing by the agency pursuant to this Paragraph shall be held no earlier than thirty days after the publication of the announcement in the Louisiana Register. The agency hearing shall conform to R.S. 49:961, and a report on the hearing shall be made to the oversight committees in accordance with Subparagraph (D)(1)(b) of this Section. The agency shall make available to interested persons a copy of the report no later than one working day following the submittal of such report to the oversight committees. Any determination as to the rule by the oversight committees, prior to gubernatorial review as provided in Subsection G of this Section, shall be made no earlier than five days and no later than thirty days following the day the report required by this Paragraph is received from the agency.
(3) If a rule or part of a rule that is severable from a larger rule or body of rules proposed as a unit is found unacceptable, the rules or parts found acceptable may be adopted by the agency in accordance with Paragraph (1) of this Subsection.
I. If the governor disapproves the action of an oversight subcommittee, he shall state written reasons for his action and shall deliver a copy of his reasons to the House and Senate oversight subcommittees, the agency proposing the rule change, and the Louisiana Register.
J. The Louisiana Register shall publish a copy of the written report of an oversight subcommittee and the written report of the governor in disapproving any such action, or if unduly cumbersome, expensive, or otherwise inexpedient, a notice stating the general subject matter of the omitted report and stating how a copy may be obtained.
K.(1) Each year, no later than thirty days prior to the beginning of the regular session of the legislature, each agency shall submit a report to the appropriate committees as provided for in Subsection B of this Section. This report shall contain a statement of the action taken by the agency with respect to adoption, amendment, or repeal of each rule proposed for adoption, amendment, or repeal during the previous year and a report of the action taken by the agency with respect to any proposed fee adoption, increase, or decrease during the previous year.
(2) The report required by Paragraph (1) of this Subsection shall also contain:
(a) A recitation of each petition, submission, and comment, if any, received by the agency pursuant to R.S. 49:964 during the previous calendar year and the agency's response to each petition, submission, and comment, if any were received.
(b) The report required by R.S. 49:964(D).
L. After submission of the report required by Subsection K of this Section to the standing committee, a public hearing may be held by the committee for the purpose of reviewing the report with representatives of the agency.
M. No later than the second legislative day of the regular session of the legislature, a standing committee to which proposed rule changes or proposed fee changes are submitted may submit a report to the legislature. This report shall contain a summary of all action taken by the committee or the oversight subcommittee with respect to agency rules and fees during the preceding twelve months. The report shall also contain any recommendations of the committee for statutory changes concerning the agency, particularly in statutes authorizing the making and promulgation of rules and fees of the agency.
N. A standing committee may, at any time, exercise the powers granted to an oversight subcommittee under the provisions of this Section.
O. Each presiding officer of the legislature may establish a select committee on oversight for his house of the legislature. If established, the select committee on oversight of that house of the legislature may exercise the same power and authority granted under the provisions of this Section to a standing committee of that house of the legislature or to an oversight subcommittee of a standing committee of that house of the legislature if the chairman of the standing committee or oversight subcommittee notifies the select committee no later than the seventh day of the committee's oversight period that his committee will not hold a hearing on the proposal.
Acts 1990, No. 312, §1; Acts 1990, No. 938, §1; Acts 1990, No. 1085, §1, eff. July 31, 1990; Acts 1991, No. 21, §2, eff. June 14, 1991; Acts 1991, No. 938, §5; Acts 1992, No. 377, §4, eff. June 17, 1992; Acts 1992, No. 447, §3, eff. June 20, 1992; Acts 1993, No. 119, §1; Acts 1993, No. 733, §1; Acts 1995, No. 1057, §1, eff. June 29, 1995 and Jan. 8, 1996 (1/8/96 date is applicable to Dept. of Health and Hospitals only); Acts 1996, 1st Ex. Sess., No. 36, §3, eff. May 7, 1996; Acts 1997, No. 1, §5, eff. April 30, 1997; Acts 1997, No. 1001, §1; Acts 1999, No. 568, §2, eff. June 30, 1999; Acts 2001, No. 8, §16, eff. July 1, 2001; Acts 2001, No. 9, §8, eff. July 1, 2001; Acts 2001, No. 300, §3; Acts 2001, No. 451, §5, eff. Jan. 12, 2004; Acts 2001, No. 1178, §7, eff. June 29, 2001; Acts 2003, No. 49, §3, eff. July 1, 2003; Acts 2003, No. 116, §3, eff. May 28, 2003; Acts 2003, No. 183, §7; Acts 2003, No. 358, §1; Acts 2003, No. 850, §3; Acts 2003, No. 1049, §1; Acts 2008, No. 580, §6; Acts 2008, No. 743, §4, eff. July 1, 2008; Acts 2010, No. 777, §1; Acts 2010, No. 861, §21; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 549, §1; Acts 2012, No. 725, §1, eff. Jan. 1, 2013; Acts 2012, No. 744, §1, eff. June 12, 2012; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 640, §3, eff. June 12, 2014; Acts 2014, No. 832, §7.(A); Acts 2018, No. 454, §1, eff. Jan. 1, 2019; Acts 2020, 2nd Ex. Sess., No. 24, §2, see Act; Acts 2022, No. 663, §1; Redesignated from R.S. 49:968; Acts 2023, No. 98, §1, eff. June 6, 2023; Acts 2023, No. 150, §20, eff. Jan. 10, 2024; Acts 2023, No. 442, §1, eff. Jan. 8, 2024; Acts 2024, No. 192, §1.
NOTE: R.S. 51:1365 as amended by Acts 2022, No. 760, §1, provides that the provisions of Chapter 12 of Title 51 of the L.R.S. of 1950 regarding the Office of Broadband and Connectivity terminates on June 30, 2028.
NOTE: Former R.S. 49:966 redesignated as R.S. 49:952 by Acts 2022, No. 663, §1.
A. Each rule proposed by the State Board of Elementary and Secondary Education to adopt, amend, suspend, or repeal state content standards for use in public elementary and secondary schools shall be submitted to the Senate Committee on Education and the House Committee on Education for review, in accordance with the provisions of this Chapter.
B. State content standards proposed to be adopted by rule pursuant to this Section shall not be subject to severability in consideration by a legislative committee or the governor in oversight determinations. The state content standards set forth in a proposed rule shall be considered in globo in any determination of acceptability or unacceptability for oversight purposes.
Acts 2015, No. 245, §2; Acts 2022, No. 663, §1; Redesignated from R.S. 49:968.1.
NOTE: Former R.S. 49:967 redesignated as R.S. 49:954 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:955 by Acts 2022, No. 663, §1.
A.(1) The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the parish in which the agency is located.
(2) The agency shall be made a party to the action.
B.(1) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court.
(2) The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
C. The court shall declare the rule invalid or inapplicable if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was adopted without substantial compliance with required rulemaking procedures.
D. An action for a declaratory judgment under this Section may be brought only after the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question and only upon a showing that review of the validity and applicability of the rule in conjunction with review of a final agency decision in a contested adjudicated case would not provide an adequate remedy and would inflict irreparable injury.
E. Upon a determination by the court that any statement, guide, requirement, circular, directive, explanation, interpretation, guideline, or similar measure constitutes a rule as defined by R.S. 49:951 and that the measure has not been properly adopted and promulgated pursuant to this Chapter, the court shall declare the measure invalid and inapplicable. It shall not be necessary that all administrative remedies be exhausted.
F. With respect to the challenge of an occupational regulation, the plaintiff shall prevail if the court finds by a preponderance of evidence that the challenged occupational regulation on its face or in its effect burdens entry into a profession, trade, or occupation, and that an agency has failed to prove by a preponderance of evidence that the challenged occupational regulation is demonstrated to be necessary and narrowly tailored to fulfill legitimate fiduciary, public health, safety, or welfare objectives. Upon a finding for the plaintiff, the court shall enjoin further enforcement of the challenged occupational regulation and shall award reasonable attorney fees and costs to the plaintiff, except in the case of a challenged occupational regulation promulgated by an occupational licensing board that participates in the Department of Justice Occupational Licensing Review Program pursuant to R.S. 49:260.
G. The provisions of this Chapter shall not apply to administrative rules promulgated pursuant to the Human Life Protection Act, R.S. 40:1061 et seq.
Acts 1966, No. 382, §13, eff. July 1, 1967; Acts 1991, No. 639, §1, eff. July 17, 1991; Acts 1997, No. 1043, §1, eff. July 11, 1997; Acts 2022, No. 583, §2; Acts 2022, No. 663, §1; Redesignated from R.S. 49:963; Acts 2023, No. 98, §1, eff. June 6, 2023.
NOTE: Former R.S. 49:968 redesignated as R.S. 49:966 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:967 by Acts 2022, No. 663, §1.
A. In addition to the procedures provided in R.S. 49:966 for review of the exercise of the rulemaking authority delegated by the legislature to state agencies, as defined by this Chapter, the legislature, by concurrent resolution, may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency, board, or commission. The Louisiana Register shall publish a brief summary of any concurrent resolution adopted by the legislature pursuant to this Section. The summary shall be published not later than forty-five days after signing of such resolution by the presiding officers of the legislature.
B. Notwithstanding the provisions of Subsection A of this Section, a rule adopted by the State Board of Elementary and Secondary Education relative to state content standards adopted by the board for use in public elementary and secondary schools, may not be amended by the legislature and may be suspended or repealed only in its entirety.
Added by Acts 1980, No. 660, §1. Acts 1995, No. 1109, §1, eff. Oct. 1, 1995; Acts 2015, No. 245, §2; Acts 2022, No. 663, §1.
A. The governor, by executive order, may suspend or veto any rule or regulation or body of rules or regulations adopted by a state department, agency, board, or commission, except as provided in R.S. 49:954, within thirty days of adoption. Upon the execution of an order, the governor shall transmit copies of the order to the speaker of the House of Representatives and president of the Senate.
B. Notwithstanding the provisions of Subsection A of this Section, the governor may suspend or veto a rule adopted by the State Board of Elementary and Secondary Education relative to state content standards adopted by the board for use in public elementary and secondary schools only in its entirety.
Added by Acts 1981, No. 453, §1; Acts 2015, No. 245, §2; Acts 2022, No. 663, §1.
A.(1) If either the House of Representatives or the Senate oversight subcommittee appointed pursuant to R.S. 49:966 determines that a proposed fee adoption, increase, or decrease is unacceptable, the respective subcommittee shall provide a written report containing the reasons for the finding to the governor; the agency proposing the fee adoption, increase, or decrease; and the other house of the legislature. If the oversight subcommittee of the other house of the legislature likewise determines that the proposed fee adoption, increase, or decrease is unacceptable, the fee action shall not be adopted by the agency.
(2) If a proposed fee adoption, increase, or decrease is found unacceptable as provided in this Section, the agency shall not propose a fee or a fee change or an emergency fee or an emergency fee change that is the same or substantially similar to the disapproved fee action nor shall the agency adopt an emergency fee or fee change that is the same or substantially similar to the disapproved fee action within four months after issuance of the subcommittee report nor more than once during the interim between regular sessions of the legislature.
(3) However, no state agency which has the authority to impose or assess fees shall increase any existing fee or impose any new fee unless the fee increase or fee adoption is expressly authorized pursuant to a fee schedule established by statute or specifically authorized by a federal law, rules, or regulations for the purpose of satisfying an express mandate of such federal law, rule, or regulation. No state agency shall adjust, modify, or change the formula for any authorized fee in a manner that would increase the fee paid by any person by more than five percent of the relevant fee paid by such person in the previous fiscal year. Proposed fee increases of less than five percent shall be subject to oversight as required by R.S. 49:966.
(4)(a) The provisions of Paragraph (3) of this Subsection shall not apply to any department which is constitutionally created and headed by an officer who is duly elected by a majority vote of the electorate of the state.
(b) The provisions of Paragraph (3) of this Subsection shall not apply to any state professional and occupational licensing boards.
B. Action by a subcommittee shall require a quorum and the favorable vote of a majority of the members of the subcommittee who are present and voting.
Acts 1987, No. 240, §1; Acts 1995, No. 1005, §1, eff. Aug. 15, 1995; Acts 1995, No. 1057, §1, eff. June 29, 1995, and Jan. 8, 1996 (1/8/96 date is applicable to Dept. of Health and Hospitals only); Acts 2022, No. 663, §1.
{{NOTE: SEE ACTS 1987, NO. 240, §2.}}
A. Prior to the adoption and implementation of rules, each state agency shall consider and state in writing the impact of such rules on family formation, stability, and autonomy. This written consideration shall be known as the "family impact statement".
B. The family impact statement will consider and respond in writing to the following regarding the proposed rule:
(1) The effect on the stability of the family.
(2) The effect on the authority and rights of parents regarding the education and supervision of their children.
(3) The effect on the functioning of the family.
(4) The effect on family earnings and family budget.
(5) The effect on the behavior and personal responsibility of children.
(6) The ability of the family or a local government to perform the function as contained in the proposed rule.
C. All family impact statements must be in writing and kept on file in the state agency which has adopted, amended, or repealed a rule in accordance with the applicable provisions of law relating to public records.
D. For the purposes of this Section, "family" shall mean a group of individuals related by blood, marriage, or adoption who live together as a single household.
Acts 1999, No. 1183, §1.
A. In the formation of rules, each state agency shall consider and state in writing the impact of such rules on child, individual, or family poverty in relation to individual or community asset development prior to the adoption and implementation of such rules. This written consideration shall be known as the "poverty impact statement".
B. The poverty impact statement shall consider and respond in writing to the following regarding the proposed rule:
(1) The effect on household income, assets, and financial security.
(2) The effect on early childhood development and preschool through postsecondary education development.
(3) The effect on employment and workforce development.
(4) The effect on taxes and tax credits.
(5) The effect on child and dependent care, housing, health care, nutrition, transportation, and utilities assistance.
C. All poverty impact statements shall be in writing and kept on file in the state agency which has adopted, amended, or repealed a rule in accordance with the applicable provisions of law relating to public records.
D. For the purposes of this Section, the word "poverty" means living at or below one hundred percent of the federal poverty line.
Acts 2012, No. 854, §1, eff. Jan. 1, 2013.
Redesignated as R.S. 49:957 by Acts 2022, No. 663, §1.
R.S. 49:974.1 through 974.8 may be cited as the Small Business Protection Act and are referred to therein as "this Act".
Acts 2008, No. 820, §1; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.1.
A. It is the legislative intent and purpose of the Small Business Protection Act to improve state rulemaking by creating procedures to analyze the availability of more flexible regulatory approaches for small businesses.
B. The legislature finds that:
(1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy. Increased hiring in Louisiana's small businesses creates higher wages and better outcomes for Louisiana's citizens and families.
(2) Small businesses bear a disproportionate share of regulatory costs and burdens. Increased regulatory costs decrease the amount of capital that small businesses have to create new jobs.
(3) Fundamental changes that are needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies.
(4) When adopting rules to protect the health, safety, and economic welfare of Louisiana, state agencies should seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on small employers.
(5) Uniform regulatory and reporting requirements can impose unnecessary and disproportionately burdensome demands, including legal, accounting, and consulting costs upon small businesses with limited resources.
(6) The failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation, and restrict improvements in productivity.
(7) Unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes.
(8) The practice of treating all regulated businesses as equivalent may lead to inefficient use of regulatory agency resources, enforcement problems, and, in some cases, to actions inconsistent with the legislative intent of health, safety, environmental, and economic welfare legislation.
(9) Alternative regulatory approaches which do not conflict with the stated objective of applicable statutes may be available to minimize the significant economic impact of rules on small businesses.
(10) Prior to the adoption of regulations, the process by which state regulations are developed and adopted should be reformed to require agencies to solicit the ideas and comments of small businesses, to examine the impact of proposed and existing rules on such businesses, and to review the continued need for existing rules.
(11) Regulations affect small businesses differently than their larger counterparts. According to the United States Small Business Administration, evidence indicates that regulatory requirements at the federal and state level tend to create disproportionately heavier burdens for small businesses, putting them at a disadvantage relative to their larger competitors. Reasons that small businesses are at a disadvantage include the following:
(a) The cost of regulations is higher relative to available resources. The cost of regulations per employee is higher for businesses with fewer employees.
(b) The cost per employee for the smallest businesses is typically one or more times greater than the equivalent cost for the largest businesses.
(12) Making small businesses aware of proposed state regulations prior to implementation is key to creating an effective partnership between state agencies and small businesses.
C. Nothing in the Small Business Protection Act shall be interpreted or construed to limit the ability of an agency to propose rules.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.2.
The following words or terms as used in this Act shall have the following meanings unless a different meaning appears from the context:
(1) "Agency" means each state board, commission, department, agency, officer, or other entity which makes rules, regulations, or policy, or formulates, or issues decisions or orders pursuant to, or as directed by, or in implementation, of the constitution or laws of the United States or the constitution and statutes of Louisiana. The term "agency" shall not include any of the following entities:
(a) The legislature or any branch, committee, or officer thereof.
(b) Any political subdivision, as defined in Article VI, Section 44 of the Constitution of Louisiana, and any board, commission, department, agency, officer, or other entity thereof.
(c) The courts.
(2) "Potpourri notice" means a notice sent by an agency to the office of the state register indicating all of the following items:
(a) That the agency may implement a rule change at some future date.
(b) That the agency is seeking public comment and plans to conduct a public hearing, if one is requested prior to giving a notice of intent to implement the rule change.
(c) The deadline for receiving public comments and requests for a public hearing, which deadline is to occur prior to the date that the notice of intent to adopt the rule change, shall be sent to the office of the state register.
(3) "Proposed rule" means a proposal by an agency for a new rule or for a change in, addition to, or repeal of an existing rule.
(4) "Rule" means each agency statement, guide, or requirement for conduct or action, exclusive of those regulating only the internal management of the agency and those purporting to adopt, increase, or decrease any fees imposed on the affairs, actions, or persons regulated by the agency, which has general applicability and the effect of implementing or interpreting substantive law or policy, or which prescribes the procedure or practice requirements of the agency. "Rule" includes but is not limited to any provision for fines, prices or penalties, the attainment or loss of preferential status, and the criteria or qualifications for licensure or certification by an agency. A rule may be of general applicability even though it may not apply to the entire state, provided its form is general and it is capable of being applied to every member of an identifiable class. The term includes the amendment or repeal of an existing rule but does not include declaratory rulings or orders or any fees.
(5) "Small business" means a business that is domiciled in this state, employs one hundred or fewer full-time employees, and meets at least one of the following conditions:
(a) Gross annual sales are less than ten million dollars.
(b) Total net worth of the business is less than two million dollars.
Acts 2008, No. 820, §1; Acts 2010, No. 861, §21; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.3.
A.(1) Prior to the adoption of any proposed rule that may have an adverse impact on small businesses, each agency shall prepare a small business economic impact statement, that includes the following:
(a) An identification and estimate of the number of the small businesses subject to the proposed rule.
(b) The projected reporting, record keeping, and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record.
(c) A statement of the probable effect on impacted small businesses.
(d) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule.
(2) The small business economic impact statement shall be submitted to the office of the state register pursuant to R.S. 49:961.
B. If an agency determines, in its own judgment, that the input of small businesses and the public would be helpful in drafting a new proposed rule, the agency may issue a potpourri notice. If the agency issues a potpourri notice, it shall be submitted with the office of the state register.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.4.
A. Prior to the adoption of any proposed rule, each agency shall prepare a regulatory flexibility analysis in which the agency shall, where consistent with health, safety, environmental, and economic welfare, consider utilizing regulatory methods that will accomplish the objectives of applicable statutes while minimizing adverse impact on small businesses. The agency shall consider, without limitation, each of the following methods of reducing the impact of the proposed rule on small businesses:
(1) The establishment of less stringent compliance or reporting requirements for small businesses.
(2) The establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses.
(3) The consolidation or simplification of compliance or reporting requirements for small businesses.
(4) The establishment of performance standards for small businesses to replace design or operational standards required in the proposed rule.
(5) The exemption of small businesses from all or any part of the requirements contained in the proposed rule.
B. Prior to the adoption of any proposed rule by an agency which according to the economic impact statement required by R.S. 49:974.4 and the results of the regulatory flexibility analysis required by this Section would have an adverse impact on small businesses, the agency shall notify Louisiana Economic Development of its intent to adopt the proposed rule.
C. The agency shall submit the small business flexibility analysis with the office of the state register pursuant to R.S. 49:961.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.5.
Nothing in the Small Business Protection Act shall be construed to conflict with or supersede any applicable federal law, rule, or regulation.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §1, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.6.
Upon receiving the electronic transfer of information from the office of the state register, as provided in R.S. 49:961, the commercial division of the Department of State shall perform all of the following items:
(1) By the fifteenth day of the month, the commercial division shall post information on the internet page of the commercial division under the heading of "Proposed State Rules and Regulations that May Affect Your Business".
(2) No later than the sixteenth day of the month, the division shall electronically transfer the information to the Louisiana Association of Business and Industry, the Louisiana Chapter of the National Federation of Independent Business, and to each person who has made a timely request of the department for this information.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §1, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.7.
A. The secretary of state shall designate a small business advocate from the existing staff of the commercial division of the Department of State to implement and maintain the notification duties and functions required of the Department of State pursuant to R.S. 49:974.7.
B. The small business advocate shall coordinate the implementation and maintenance of the website of the commercial division of the Department of State relative to the receipt of information from the office of the state register pursuant to R.S. 49:961. The department shall enter into an agreement with the office of the state register to arrange for the electronic receipt of the information on an ongoing basis.
C. The small business advocate shall administer the Small Business Protection Act.
Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.8.
A. In an adjudication, all parties who do not waive their rights shall be afforded an opportunity for hearing after reasonable notice.
B.(1) The notice shall include all of the following:
(a) A statement of the time, place, and nature of the hearing.
(b) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the statutes and rules involved.
(d) A short and plain statement of the matters asserted.
(2) If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
C. Opportunity shall be afforded all parties to respond and present evidence on all issues of fact involved and argument on all issues of law and policy involved and to conduct cross-examination as required for a full and true disclosure of the facts.
D. Unless precluded by law, informal disposition may be made of any case of adjudication by stipulation, agreed settlement, consent order, or default.
E. The record in a case of adjudication shall include all of the following:
(1) All pleadings, motions, and intermediate rulings.
(2) Evidence received or considered or a resume thereof if not transcribed.
(3) A statement of matters officially noticed except matters so obvious that statement of them would serve no useful purpose.
(4) Offers of proof, objections, and rulings thereon.
(5) Proposed findings and exceptions.
(6) Any decision, opinion, or report by the officer presiding at the hearing.
F. The agency shall make a full transcript of all proceedings before it when the statute governing it requires it, and, in the absence of a requirement, shall, at the request of any party or person, have prepared and furnish him with a copy of the transcript or any part of the transcript upon payment of the cost unless the governing statute or constitution provides that it shall be furnished without cost.
G. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
Acts 1966, No. 382, §5, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:955.
In adjudication proceedings:
(1) Agencies may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. They shall give effect to the rules of privilege recognized by law. Agencies may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
(2) All evidence, including records and documents in the possession of the agency of which it desires to avail itself, shall be offered and made a part of the record, and all such documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. In case of incorporation by reference, the materials so incorporated shall be available for examination by the parties before being received in evidence.
(3) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
(4) Any agency or its subordinate presiding officer conducting a proceeding subject to this Chapter shall have the power to administer oaths and affirmations, regulate the course of the hearings, set the time and place for continued hearings, fix the time for filing of briefs and other documents, and direct the parties to appear and confer to consider the simplification of the issues.
(5)(a) Any agency or its subordinate presiding officer shall have power to sign and issue subpoenas in the name of the agency requiring attendance and giving of testimony by witnesses and the production of books, papers, and other documentary evidence. No subpoena shall be issued until the party who wishes to subpoena the witness first deposits with the agency a sum of money sufficient to pay all fees and expenses to which a witness in a civil case is entitled pursuant to R.S. 13:3661 and R.S. 13:3671.
(b) A subpoena issued pursuant to this Section shall be served by any agent of the agency, by the sheriff, by any other officer authorized by law to serve process in this state, by certified mail, return receipt requested, or by any person who is not a party and who is at least eighteen years of age. Witnesses subpoenaed to testify before an agency only to an opinion founded on special study or experience in any branch of science, or to make scientific or professional examinations, and to state the results thereof, shall receive such additional compensation from the party who wishes to subpoena such witness as may be fixed by the agency with reference to the value of the time employed and the degree of learning or skill required.
(c) Whenever any person summoned under this Section neglects or refuses to obey such summons, or to produce books, papers, records, or other data, or to give testimony, as required, the agency may apply to the judge of the district court for the district within which the person so summoned resides or is found, for an attachment against him as for a contempt. It shall be the duty of the judge to hear the application, and, if satisfactory proof is made, to issue an attachment, directed to some proper officer, for the arrest of such person, and upon his being brought before him, to proceed to a hearing of the case; and upon such hearing, the judge shall have power to make such order as he shall deem proper, not inconsistent with the law for the punishment of contempts, to enforce obedience to the requirements of the summons and to punish such person for his default or disobedience.
(6) The agency or a subordinate presiding officer or any party to a proceeding before it may take the depositions of witnesses, within or without the state and may conduct discovery in all manners as provided by law in civil actions. Depositions so taken and admissions, responses, and evidence produced pursuant to discovery shall be admissible in any proceeding affected by this Chapter. The admission of such depositions, admissions, responses, and evidence may be objected to at the time of hearing and may be received in evidence or excluded from the evidence by the agency or presiding officer in accordance with the rules of evidence provided in this Chapter.
(7) Repealed by Acts 1995, No. 760, §2, eff. June 27, 1995.
(8)(a) Records and documents, in the possession of any agency or of any officer or employee thereof including any written conclusions drawn therefrom, which are deemed confidential and privileged shall not be made available for adjudication proceedings of that agency and shall not be subject to subpoena by any person or other state or federal agency.
(b) Such records or documents shall only include any private contracts, geological and geophysical information and data, trade secrets and commercial or financial data, which are obtained by an agency through a voluntary agreement between the agency and any person, which said records and documents are designated as confidential and privileged by the parties when obtained, or records and documents which are specifically exempt from disclosure by statute.
(c) Any violation of this prohibition shall be a waiver of governmental immunity from suit for damage resulting from any such disclosure.
(d) Notwithstanding the provisions of Subparagraphs (a) and (c) of this Paragraph the state boards and agencies identified in R.S. 13:3715.1(J) may make available and use records and documents, including any written conclusions drawn therefrom, which are otherwise deemed confidential or privileged and which are in the possession of such board or agency or any officer, employee, or agent thereof, or any attorney acting on its behalf in any adjudication proceedings of such agency, provided that in any case involving medical or patient records, the identity of any patient shall be maintained in confidence. Any such records shall be altered so as to prevent the disclosure of the identity of the patient to whom such records or testimony relates. Disclosure by such board or agency or any officer, employee, agent, or attorney acting on behalf of any of them, of any material otherwise deemed privileged or confidential under state law, which is made in response to a federal subpoena, shall not constitute a waiver of governmental immunity from suit for damages resulting from such disclosure. Such boards and agencies, including their officers, employees, agents, and attorneys, shall nevertheless assert any privilege which is recognized and applicable under federal law when responding to any such federal subpoena.
Acts 1966, No. 382, §6, eff. July 1, 1967. Amended by Acts 1976, No. 524, §1, eff. Aug. 5, 1976; Acts 1989, No. 156, §1; Acts 1995, No. 760, §§1, 2, eff. June 27, 1995; Acts 1999, No. 416, §1; Acts 1999, No. 765, §1; Acts 2022, No. 663, §1; Redesignated from R.S. 49:956.
An application for an order compelling discovery to a member or former member of the legislature in his capacity as a state lawmaker, or a legislative employee in his official capacity, when the legislature or either body thereof is not a party to the proceeding may be made to the agency in which the action is pending, but no order compelling discovery shall issue except in strict conformity with the provisions of R.S. 13:3667.3(D). For the purposes of this Section "legislative employee" shall mean the clerk of the House of Representatives, the secretary of the Senate, or an employee of the House of Representatives, the Senate, or the Legislative Bureau.
Acts 2006, No. 690, §4, eff. June 29, 2006; Acts 2008, No. 374, §4, eff. June 21, 2008; Acts 2012, No. 519, §4; Acts 2022, No. 663, §1; Redesignated from R.S. 49:956.1.
When in an adjudication proceeding a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, or the proposed order is not prepared by a member of the agency, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made final until a proposed order is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposed order shall be accompanied by a statement of the reasons therefor and of the disposition of each issue of fact or law necessary to the proposed order, prepared by the person who conducted the hearing or by one who has read the record. No sanction shall be imposed or order be issued except upon consideration of the whole record and as supported by and in accordance with the reliable, probative, and substantial evidence. The parties by written stipulation may waive, and the agency in the event there is no contest may eliminate, compliance with this Section.
Acts 1966, No. 382, §7, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:957.
A final decision or order adverse to a party in an adjudication proceeding shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified personally, by mail, or by electronic means of any decision or order. Upon request, a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record. The parties by written stipulation may waive, and the agency in the event there is no contest may eliminate, compliance with this Section.
Acts 1966, No. 382, §1, eff. July 1, 1967; Acts 2012, No. 289, §1, eff. May 25, 2012; Acts 2022, No. 663, §1; Redesignated from R.S. 49:958.
A. A decision or order in a case of adjudication shall be subject to rehearing, reopening, or reconsideration by the agency, within ten days from the date of its entry. The grounds for action shall be one of the following:
(1) The decision or order is clearly contrary to the law and the evidence.
(2) The party has discovered since the hearing evidence important to the issues which he could not have with due diligence obtained before or during the hearing.
(3) There is a showing that issues not previously considered ought to be examined in order to properly dispose of the matter.
(4) There is other good ground for further consideration of the issues and the evidence in the public interest.
B. The petition of a party for rehearing, reconsideration, or review, and the order of the agency granting it, shall set forth the grounds which justify such action. Nothing in this Section shall prevent rehearing, reopening or reconsideration of a matter by any agency in accordance with other statutory provisions applicable to such agency, or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence. On reconsideration, reopening, or rehearing, the matter may be heard by the agency, or it may be referred to a subordinate deciding officer. The hearing shall be confined to those grounds upon which the reconsideration, reopening, or rehearing was ordered. If an application for rehearing shall be timely filed, the period within which judicial review, under the applicable statute, must be sought, shall run from the final disposition of such application.
Acts 1966, No. 382, §9, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:959.
A. Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a case of adjudication noticed and docketed for hearing shall not communicate, directly or indirectly, in connection with any issue of fact or law, with any party or his representative, or with any officer, employee, or agent engaged in the performance of investigative, prosecuting, or advocating functions, except upon notice and opportunity for all parties to participate.
B. A subordinate deciding officer or agency member shall withdraw from any adjudicative proceeding in which he cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of a subordinate deciding officer or agency member, on the ground of his inability to give a fair and impartial hearing, by filing an affidavit, promptly upon discovery of the alleged disqualification, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined promptly by the agency, or, if it affects a member or members of the agency, by the remaining members thereof, if a quorum. Upon the entry of an order of disqualification affecting a subordinate deciding officer, the agency shall assign another in his stead or shall conduct the hearing itself. Upon the disqualification of a member of an agency, the governor immediately shall appoint a member pro tem to sit in place of the disqualified member in that proceeding. In further action, after the disqualification of a member of an agency, the provisions of R.S. 49:976 shall apply.
Acts 1966, No. 382, §10, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:960.
A. When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this Chapter concerning adjudication shall apply.
B. When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
C. No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gives notice by mail or through electronic means as prescribed by the agency to the licensee of facts or conduct which warrant the intended action, and the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
Acts 1966, No. 382, §11, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:961; Acts 2024, No. 487, §1.
Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders and rulings as to the applicability of any statutory provision or of any rule or order of the agency. Declaratory orders and rulings shall have the same status as agency decisions or orders in adjudicated cases.
Acts 1966, No. 382, §12, eff. July 1, 1967; Acts 1995, No. 947, §6, eff. Jan. 1, 1996; Acts 2022, No. 663, §1; Redesignated from R.S. 49:962.
A. If the secretary does not grant or deny a permit, license, registration, variance, or compliance schedule for which the applicant had applied within the time period as provided for in R.S. 30:26 and 2022(C), R.S. 49:214.30(C)(2), and R.S. 56:6(26), the applicant has the authority, on motion in a court of competent jurisdiction, to take a rule on the secretary to show cause in not less than two nor more than thirty days, exclusive of holidays, why the applicant should not be granted the permit, license, registration, variance, or compliance schedule for which the applicant had applied. The rule may be tried out of term and in chambers.
B. In any trial or hearing on the rule, the applicant shall be entitled to a presumption that the facts as stated in the affidavit of the applicant, which shall be attached to the rule are true. The rule of the applicant shall be denied by the court only if the secretary provides clear and convincing evidence of an unavoidable cause for the delay. However, in denying the rule, the court shall decree that the secretary shall grant or deny the application within a time set by the court, or the application shall be granted without further action of the secretary or the court.
C. If the rule is made absolute, the order rendered thereon shall be considered a judgment in favor of the applicant granting the applicant the permit, license, registration, variance, or compliance schedule for which the applicant had applied.
D. The provisions of Subsections A, B, and C of this Section shall not apply to permit applications submitted under the Louisiana Pollutant Discharge Elimination System (LPDES) program under the Department of Environmental Quality.
Acts 1991, No. 828, §2; Acts 1995, No. 601, §2; Acts 2022, No. 663, §1; Redesignated from R.S. 49:962.1.
A.(1) Except as provided in R.S. 15:1171 through 1177, a party who is aggrieved by a final decision or order in an adjudication proceeding is entitled to judicial review under this Chapter whether or not he has applied to the agency for rehearing, without limiting, however, utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy and would inflict irreparable injury.
(2) However, if the agency conducting the adjudication proceeding issues the final decision or order, the agency conducting the adjudication proceeding shall not be entitled to seek judicial review under this Chapter.
B. Proceedings for review may be instituted by filing a petition in the district court of the parish in which the agency is located within thirty days after the transmittal of notice of the final decision by the agency or, if a rehearing is requested, within thirty days after the decision thereon. Copies of the petition shall be served upon the agency and all parties of record.
C. The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay ex parte upon appropriate terms, except as otherwise provided by Title 37 of the Louisiana Revised Statutes of 1950, relative to professions and occupations. The court may require that the stay be granted in accordance with the local rules of the reviewing court pertaining to injunctive relief and the issuance of temporary restraining orders.
D. Within thirty days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
E. If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
F. The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.
G. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or
(6) Not supported and sustainable by a preponderance of evidence as determined by the reviewing court. In the application of this rule, the court shall make its own determination and conclusions of fact by a preponderance of evidence based upon its own evaluation of the record reviewed in its entirety upon judicial review. In the application of the rule, where the agency has the opportunity to judge the credibility of witnesses by first-hand observation of demeanor on the witness stand and the reviewing court does not, due regard shall be given to the agency's determination of credibility issues.
(7) Repealed by Acts 2002, 1st Ex. Sess., No. 89, §3, eff. April 18, 2002.
H. In interpreting a state statute or rule, a court, administrative judge, or hearing officer presiding over a contested case, hearing, or appeal shall not defer to the agency's interpretation of the statute or rule. The court, administrative judge, or hearing officer shall interpret the meaning of the statute or rule de novo.
Acts 1966, No. 382, §14, eff. July 1, 1967; Acts 1995, No. 1105, §1, eff. June 29, 1995; Acts 1997, No. 128, §1, eff. June 12, 1997; Acts 1997, No. 1216, §2; Acts 1997, No. 1224, §1; H.C.R. No. 89, 1997 R.S., eff. June 2, 1997; Acts 1999, No. 1332, §1, eff. July 12, 1999; Acts 2002, 1st Ex. Sess., No. 89, §3, eff. April 18, 2002; Acts 2012, No. 289, §1, eff. May 25, 2012; Acts 2018, No. 90, §1, eff. May 10, 2018; Acts 2022, No. 663, §1; Redesignated from R.S. 49:964; Acts 2025, No. 139, §1, eff. June 8, 2025.
NOTE: R.S. 15:1171-1179 were included in the Unconstitutional Statutes Biennial Report to the Legislature, date March 14, 2016.
NOTE: Former R.S. 49:978.1 redesignated as R.S. 49:974.1 by Acts 2022, No. 663, §1.
A. If an agency or official thereof, or other person acting on behalf of an agency or official thereof, files a petition for judicial review of a final decision or order in an adjudication proceeding and such agency, official, or person does not prevail in the final disposition of the judicial review, the agency shall be responsible for the payment of reasonable attorney fees and court costs of the other party.
B. Notwithstanding any provision of R.S. 13:4521 to the contrary, an agency or official thereof, or other person acting on behalf of an agency or official thereof, which files a petition for judicial review of a final decision or order in an adjudication proceeding shall be required to pay court costs.
C. All payments for litigation expenses required by this Section shall be paid from the agency's regular operating budget. Each agency which has paid litigation expenses shall submit a detailed report of all payments from the prior fiscal year to its legislative oversight committees and to the Joint Legislative Committee on the Budget no later than November fifteenth of each year. For the purposes of this Subsection and of R.S. 49:992(H), the term "litigation expenses" shall mean court costs and attorney fees of the agency and of any other party if the agency was required to pay costs and fees.
Acts 2003, No. 1271, §1, eff. July 11, 2003; Acts 2022, No. 663, §1; Redesignated from R.S. 49:964.1.
NOTE: Former R.S 49:978.2 redesignated as R.S. 49:974.2 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:974.3 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:974.4 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:974.5 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:974.6 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:974.7 by Acts 2022, No. 663, §1.
Redesignated as R.S. 49:974.8 by Acts 2022, No. 663, §1.
An aggrieved party may obtain a review of any final judgment of the district court by appeal to the appropriate circuit court of appeal. The appeal shall be taken as in other civil cases.
Acts 1966, No. 382, §15, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:965.
A. When a small business files a petition seeking: (1) relief from the application or enforcement of an agency rule or regulation, (2) judicial review of the validity or applicability of an agency rule, (3) judicial review of an adverse declaratory order or ruling, or (4) judicial review of a final decision or order in an adjudication proceeding, the petition may include a claim against the agency for the recovery of reasonable litigation expenses. If the small business prevails and the court determines that the agency acted without substantial justification, the court may award such expenses, in addition to granting any other appropriate relief.
B. A small business shall be deemed to have prevailed in an action when, in the final disposition, its position with respect to the agency rule or declaratory order or ruling is maintained, or when there is no adjudication, stipulation, or acceptance of liability on its part. However, a small business shall not be deemed to have prevailed, if the action was commenced at the instance of, or on the basis of a complaint by, anyone other than an officer, agent, or employee of the agency and was dismissed by the agency on a finding of no cause for the action or settled without a finding of fault on the part of the small business.
C. An agency shall pay any award made against it pursuant to this Section from funds in its regular operating budget and shall, at the time of its submission of its proposed annual budget, submit to the division of administration and to the presiding officer of each house of the legislature a report of all such awards paid during the previous fiscal year.
D. As used in this Section:
(1) "Reasonable litigation expenses" means any expenses, not exceeding seven thousand five hundred dollars in connection with any one claim, reasonably incurred in opposing or contesting the agency action, including costs and expenses incurred in both the administrative proceeding and the judicial proceeding, fees and expenses of expert or other witnesses, and attorney fees.
(2) "Small business" means a small business as defined by the Small Business Administration, which for purposes of size eligibility or other factors, meets the applicable criteria set forth in 13 CFR, Part 121.
Added by Acts 1982, No. 497, §1; Acts 2022, No. 663, §1; Redesignated from R.S. 49:965.1.
A.(1) Notwithstanding any provision of law to the contrary, a person who holds or has held an occupational license issued by a professional occupational license board created under Title 37 of the Louisiana Revised Statutes of 1950 may request board action rescission and expungement of adjudication proceeding records relative to board action resulting in an adverse report to the National Practitioner Data Bank if the attorney general issues a written opinion that the interpretation of law relied upon by the professional occupational licensure board and which resulted in the adverse action was erroneous.
(2) Notwithstanding any provision of law to the contrary, a person who holds or has held an occupational license issued by a professional occupational licensure board created under Title 37 of the Louisiana Revised Statutes of 1950 may request board action rescission and expungement of adjudication proceeding records relative to board adjudication proceedings filed against the person in which it is alleged that the person violated one or more provisions of law if at the conclusion of the adjudication proceedings there is no finding that the person violated the law.
B.(1) A person who seeks expungement pursuant to this Section shall file with the professional occupational licensure board a written request for board action rescission and expungement setting forth the facts that demonstrate that the applicable requirements of Subsection A of this Section are satisfied.
(2)(a) The professional occupational licensure board shall consider the request and if the facts stated in the request demonstrate that the applicable requirements of Subsection A of this Section are satisfied, the professional occupational licensure board shall enter into an order rescinding the applicable board action and expunging the adjudication proceeding records relative to the adverse action or proceedings. The professional occupational licensure board may enter into a nondisciplinary stipulated order with the licensee to rescind the adverse board action and expunge the related board records, which shall state the provisions of Subsection A of this Section that authorize the board action rescission and expungement.
(b) If the order of expungement involves records of the division of administrative law, the professional occupational licensure board shall ensure that the order of expungement is served on the director of the division of administrative law as soon as practicable after issuance.
C.(1) Upon rescission of adverse board action and expungement of related records, the board shall remove from public access all stipulations, agreed settlements, consent orders, board orders, and adjudication proceeding records that are ordered to be expunged; however, the records shall not be destroyed.
(2)(a) Expunged adverse actions and any related adjudication proceeding records shall be privileged, confidential, are no longer considered public records, and shall not be made available to any person or entity other than the professional occupational licensure board.
(b) All records concerning a request to rescind adverse board action and expunge board records shall be confidential and shall not be made available to any person or other entity, except that such record shall be available to the professional occupational licensure board.
D. The professional occupational licensure board shall submit a void report to any third-party data bank to which the board action had been reported to stating that the action of the board has been fully and unequivocally rescinded and that no record of violation exists for the licensee as it relates to the board stipulation, agreed settlement, consent order, or board order for the specific matter that was the subject of the rescission.
Acts 2025, No. 229, §2.
The Office of the State Register, as the official entity to receive, compute, index, and publish the Louisiana Register and Louisiana Administrative Code, shall direct and supervise the continuous revision, clarification, and coordination of the Louisiana Register and Louisiana Administrative Code in a manner not inconsistent with the provisions of this Chapter.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
A. Upon receipt of any rules promulgated under the Administrative Procedure Act, the Office of the State Register shall prepare the "Louisiana Register", containing the rules to be promulgated in the Louisiana Administrative Code as they may have been amended or repromulgated and omitting therefrom those sections that have been repealed. There shall also be incorporated therein, in an appropriate place and classification, the text of all the new rules of a general and public nature, assigning to these rules an appropriate title, part, chapter, and section number, and indicating the statutory authority of the rules from which they are taken.
B. When a conflict between two or more rules affecting the same subject matter in the same provision or regulation cannot be resolved for the purpose of incorporating the text into the Louisiana Administrative Code, the Office of the State Register shall so notify the secretary of the department or administrative officer charged with the promulgation of the rule prior to preparing the Louisiana Administrative Code. The secretary or administrative officer shall be notified of the proposed correction. If no written disapproval of the secretary or administrative officer, or his designee, of the proposed correction is received by the Office of the State Register within seven days after the secretary or administrative officer receives the notice, the Office of the State Register shall then direct the printer to incorporate into the Louisiana Administrative Code the text of the provision of the rule properly promulgated.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
A. In preparing the Louisiana Register or the Louisiana Administrative Code as provided for in R.S. 49:981, the Office of the State Register shall not alter the sense, meaning, or effect of any rule properly promulgated under the Administrative Procedure Act, but it may:
(1) Renumber and rearrange sections or parts of sections.
(2) Transfer sections or divide sections so as to give to distinct subject matters a separate section number, but without changing the meaning.
(3) Insert or change the wording of headnotes.
(4) Change reference numbers to agree with renumbered parts, chapters, or sections.
(5) Substitute the proper section, chapter, or part number for the terms "this part", "the preceding section", and the like.
(6) Strike out figures where they are merely a repetition of written words and vice-versa.
(7) Change capitalization for the purpose of uniformity.
(8) Correct manifest typographical and grammatical errors.
(9) Make any other purely formal or clerical changes in keeping with the purpose of the revision.
B. The Office of the State Register shall notify the secretary or administrative officer charged with promulgation of the rule prior to making any proposed revision authorized by this Section. If no written disapproval of the secretary or administrative officer, or his designee, of the proposed revision is received by the Office of the State Register within seven days after the secretary or administrative officer receives the notice, the Office of the State Register shall proceed with the revision.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
A. Whenever a rule defines terms, enumerates provisions or items, or otherwise sets forth provisions of a rule in a numerical or alphabetical listing or sequence, and such provision, as promulgated, fails to establish or fails to maintain an existing alphabetical or numerical sequence, the Office of the State Register, in preparing the Louisiana Register and the Louisiana Administrative Code as provided for by R.S. 49:983, shall rearrange and renumber or redesignate the provisions to the extent necessary to place all of them in consistent order.
B. The Office of the State Register shall notify the secretary or administrative officer charged with promulgation of the rule prior to making any proposed revision authorized by this Section. If no written disapproval of the secretary or administrative officer, or his designee, is received by the Office of the State Register within seven days after the secretary or administrative officer receives the notice, the Office of the State Register shall proceed with the revision.
C. This requirement is in addition to any other authority granted to the Office of the State Register in the preparation of the Louisiana Register or the Louisiana Administrative Code, particularly by R.S. 49:983.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
A draft of the Louisiana Administrative Code prepared by the Office of the State Register shall be submitted to the appropriate secretary or administrative officer charged with the promulgation of any rule prior to transmittal to the printer.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
Any edition of the Louisiana Administrative Code, or of any supplement thereto, prepared in the manner provided in R.S. 49:982 and 983, shall be certified by the Office of the State Register that each section therein has been compared with the original sections in the official copy of the Louisiana Register with the final provisions of the promulgated rules from which the sections were derived, and that with the exception of the changes of form permitted in R.S. 49:983, the sections are correct. The Office of the State Register shall order the printing of an edition sufficient in number to supply the demand. When the edition has been printed, the Office of the State Register shall affix to one copy of the printed edition the Office of the State Register's original certificate and file the same for record in his office. All other copies of the same edition may contain a printed facsimile of the office's certificate.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
The Office of the State Register may enter into contracts with private publishers for the printing, publication, sale, and distribution of any edition of the Louisiana Register and the Louisiana Administrative Code prepared by the Office of the State Register and certified by it pursuant to the provisions of this Chapter. Those editions so authorized by the Office of the State Register and containing the printed facsimile of the Office of the State Register's certificate of correctness shall be admissible as prima facie evidence of the rules contained therein.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
The division of administrative law, hereafter referred to as "division", is created in the Department of State Civil Service.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 1997, No. 1162, §2, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: SEE ACTS 1995, NO. 947, §8 AND NO. 739, §§3, 4.
A.(1) Prior to October 1, 1996, the provisions of the Administrative Procedure Act shall apply to all adjudications as defined by that Act.
(2) On and after October 1, 1996, the division shall commence and handle all adjudications in the manner required by the Administrative Procedure Act provided that the provisions of that Act are not inconsistent with the provisions of this Chapter.
B.(1) Notwithstanding any other provision of the law to the contrary except as provided by R.S. 49:954 and the provisions of this Section, all adjudications shall be resolved exclusively as required by the provisions of this Chapter and the Administrative Procedure Act.
(2) Except in the instance of adjudications initiated pursuant to Items (D)(2)(b)(iii), (vi), and (vii) of this Section, in an adjudication commenced by the division, the administrative law judge shall issue the final decision or order, whether or not on rehearing, and the agency shall have no authority to override such decision or order. Upon the issuance of such a final decision or order, the agency or any official thereof shall comply fully with the final order or decision of the administrative law judge.
(3)(a) Nothing in this Section shall affect the right to or manner of judicial appeal in any adjudication, irrespective of whether or not such adjudication is commenced by the division or by an agency.
(b) However, if the agency conducting the adjudication proceeding issues the final decision or order, the agency conducting the adjudication proceeding shall not be entitled to seek judicial review under this Chapter.
C. The positions appointed by the director pursuant to this Chapter shall be in the classified service.
D.(1) Except as provided in Paragraphs (2) through (9) of this Subsection, the provisions of this Chapter shall apply to any board, commission, department, or agency of the executive branch of state government.
(2)(a) Except as otherwise provided in Subparagraph (b) of this Paragraph, any board, commission, department, or agency which is required, pursuant to a federal mandate and as a condition of federal funding, to conduct or to render a final order in an adjudication proceeding shall be exempt from the provisions of this Chapter to the extent of the federal mandate.
(b) This Subparagraph shall apply to the Louisiana Department of Health, the Department of Children and Family Services, the Department of Education, and any agency within these departments:
(i) If the department or an agency within the department is prohibited, pursuant to a federal mandate or as a condition of federal funding, from delegating by contract or other means its fair hearings function, then such fair hearings shall be exempt from the provisions of this Chapter to the extent of the federal mandate; however, if such federally mandated hearings function may be delegated by contract or other means, the department or agency shall delegate such function to the division. If the department or agency claims a federal mandate exemption, the department or agency shall have the burden of proving such exemption.
(ii) If the department or an agency within the department is prohibited, pursuant to a federal mandate or as a condition of federal funding, from delegating by contract or other means both its fair hearings function and its authority to render a final decision or order in an adjudication proceeding, then such fair hearings and adjudication proceedings shall be exempt from the provisions of this Chapter to the extent of the federal mandate; however, if such federally mandated hearings function and authority to render a final decision or order in an adjudication proceeding may be delegated by contract or other means, the department or agency shall delegate such function and authority to the division. If the department or agency claims a federal mandate exemption, the department or agency shall have the burden of proving such exemption.
(iii)(aa) If a department or an agency within the department may delegate its fair hearings function but is required by federal mandate to render the final decision or order in an adjudication proceeding, then in those cases, the division shall conduct the hearing and issue a recommended decision. The recommended decision shall be mailed or delivered to the head of the agency, who shall have, upon receipt of the recommended decision, thirty-five days to reject, modify, or approve the decision. If he rejects or modifies the recommended decision, he shall specify in writing the findings of fact or conclusions of law which are being rejected or modified which shall be considered to be the final decision or order in the adjudication proceeding. A copy of the department or agency's rejected or modified decision shall be forwarded to the division on the day it is issued. If the agency head does not reject or modify the recommended decision within thirty-five days, or if he approves the recommended decision, then the recommended decision of the division shall be certified as the final decision or order of the department or agency in the adjudication proceeding.
(bb) In Temporary Assistance for Needy Families (TANF) cases, if the secretary of the Department of Children and Family Services approves, rejects, or modifies the recommended decision of the division, that approved, rejected, or modified decision shall be issued by the division as the final decision of the Department of Children and Family Services.
(iv) The provisions of this Subparagraph shall not apply to any board which is exempt from this Chapter pursuant to Paragraph (5) of this Subsection or to any board or commission which chooses to continue to conduct hearings pursuant to Subsection G of this Section.
(v) The division shall adjudicate within seventy-two hours of receipt all stay requests related to involuntary discharges from nursing homes. The division shall adjudicate all appeals related to involuntary discharges from nursing homes within thirty days of receipt.
(vi) Notwithstanding any provision of law to the contrary, an adjudication of a decision by the Louisiana Department of Health to deny, suspend, or revoke the license of an outpatient abortion facility, ambulatory surgical center, home health agency, hospital, or nursing home, pursuant to R.S. 40:2009.7, 2110, 2116.37, 2141, or 2175.6 shall be heard by a three member panel of division of administrative law judges. This panel shall be deemed to meet the requirements of a panel appointed by the secretary of the Louisiana Department of Health. The three member panel shall issue a final decision or order. The final decision or order shall be appealable to the district court for the parish of East Baton Rouge.
(vii) The provisions of this Subparagraph shall apply to hearings involving the Department of Education required under the Individuals with Disabilities Education Act, and the provisions of the Administrative Procedure Act shall not apply to these hearings. Hearings involving the Individuals with Disabilities Act shall proceed in accordance with regulations promulgated by the Board of Elementary and Secondary Education. Only an administrative law judge who has received training on the federal and state statutes and regulations with respect to children with disabilities and on educational placements in Louisiana's school systems shall conduct hearings pursuant to this Item. Any party aggrieved by the findings and decisions of the administrative law judge in hearings conducted pursuant to the Individuals with Disabilities Education Act, including local educational authorities, shall have a right to bring a civil action in state or federal court pursuant to federal law or regulation.
(3) The office of workers' compensation administration in Louisiana Works shall be exempt from the provisions of this Chapter.
(4) The office of unemployment insurance administration in Louisiana Works shall be exempt from this Chapter.
(5) State professional and occupational licensing boards shall be exempt from the provisions of this Chapter.
(6) The Department of Agriculture and Forestry shall be exempt from the provisions of this Chapter.
(7) All adjudications by the Department of Conservation and Energy pursuant to Chapters 1 and 7 of Subtitle I of Title 30 of the Louisiana Revised Statutes of 1950, except determinations of violations of laws, rules, regulations, and orders, and determinations of penalties for such violations, shall be exempt from the provisions of this Chapter.
(8) The Public Service Commission and any entity which by law has its adjudications handled by the Public Service Commission shall be exempt from the provisions of this Chapter.
(9) Adjudications filed pursuant to R.S. 46:51.2, involving a risk evaluation panel decision, with the Department of Children and Family Services shall be exempt from the provisions of this Chapter.
E. In the event that a person files a civil action to require that a state department, division, office, agency, board, commission, or other entity of state government conduct an adjudication as required by this Chapter and judgment is rendered in his favor, he shall be entitled to an award of reasonable attorney fees to be taxed as costs in the matter.
F. The provisions of this Chapter shall apply to all adjudications as defined in the Administrative Procedure Act pursuant to the Procurement Code.
G. Any board or commission authorized by law to conduct hearings may continue to hold such hearings.
H.(1) If an agency or official thereof, or other person acting on behalf of an agency or official thereof, files a petition for judicial review of a final decision or order in an adjudication proceeding and such agency, official, or person does not prevail in the final disposition of the judicial review, the agency shall be responsible for the payment of reasonable attorney fees and court costs of the other party.
(2) Notwithstanding any provision of R.S. 13:4521 to the contrary, an agency or official thereof, or other person acting on behalf of an agency or official thereof, which files a petition for judicial review of a final decision or order in an adjudication proceeding shall be required to pay court costs.
(3) All payments for litigation expenses required by this Subsection shall be paid from the agency's regular operating budget. Each agency which has paid such litigation expenses shall submit a detailed report of all such payments from the previous fiscal year to its legislative oversight committees and to the Joint Legislative Committee on the Budget no later than November fifteenth of each year.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 1997, No. 1172, §9, eff. June 30, 1997; Acts 1997, No. 1484, §1, eff. July 16, 1997; Acts 1999, No. 1332, §1, eff. July 12, 1999; Acts 2001, No. 527, §1; Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2003, No. 1271, §1, eff. July 11, 2003; Acts 2005, No. 204, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 47, §2, eff. June 15, 2009; Acts 2010, No. 683, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2017, No. 348, §§4, 6, special eff. date; Acts 2018, No. 90, §1, eff. May 10, 2018; Acts 2018, No. 655, §2; Acts 2021, No. 4, §1, eff. Jan. 1, 2022; Acts 2025, No. 139, §1, eff. June 8, 2025; Acts 2025, No. 458, §9, eff. Oct. 1, 2025.
NOTE: R.S. 37:21.1 terminates on August 1, 2021. See Acts 2018, No. 655, §1.
All adjudications involving alleged violations of any provision of law under the jurisdiction of the Board of Ethics shall be resolved as required by the provisions of this Chapter and the Administrative Procedure Act to the extent that such provisions do not conflict with Part III of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950.
Acts 2008, 1st Ex. Sess., No. 23, §2, eff. Aug. 15, 2008.
Repealed by Acts 2021, No. 4, §3, eff. Jan. 1, 2022.
A. The definitions for terms as provided by R.S. 49:951 shall apply to such terms used in this Chapter.
B. The division may promulgate rules according to the Administrative Procedure Act to insure compliance with the provisions of this Chapter.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
A. The director of the division shall employ the administrative law judges for the division, each of whom shall have the following qualifications:
(1) An administrative law judge shall be a resident of Louisiana.
(2) An administrative law judge shall be licensed to practice law in Louisiana.
(3) An administrative law judge shall have been engaged in the actual practice of law for at least five years prior to his appointment.
B. An administrative law judge shall be an employee of the division.
C. Notwithstanding the provisions of this Section, all persons employed in affected agencies on October 1, 1996, who handle adjudications and whether or not they meet the qualifications of this Chapter shall, unless the person declines, be transferred to and employed in the division created by this Chapter to handle adjudications in the manner provided in this Chapter. However, no person other than those provided for in this Subsection shall be employed as an administrative law judge who does not meet the requirements of this Section.
D. The administrative law judge shall have the authority to:
(1) Regulate the adjudicatory proceedings assigned to him.
(2) Issue such decisions and orders as are necessary to promote a fair, orderly, and prompt adjudication.
(3) Exercise those powers vested in the presiding officer in the Administrative Procedure Act.
(4) If the parties do not object, conduct adjudications or conferences in person or by telephone, video conference, or similar communication equipment, and administer oaths in such proceedings.
(5) Continue an adjudication in any case when a party or subpoenaed necessary witness has been called to service in the uniformed services as defined in R.S. 29:403, including but not limited to a proceeding pursuant to R.S. 32:667.
E. All adjudications involving alleged violations of any provision of law under the jurisdiction of the Board of Ethics shall be heard by administrative law judges who are licensed to practice law in Louisiana.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2001, No. 84, §1; Acts 2001, 2nd Ex. Sess., No. 7, §2, eff. Oct. 16, 2001; Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2008, 1st Ex. Sess., No. 23, §2, eff. Aug. 15, 2008.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
A. The governor shall appoint, and the Senate shall confirm, a director for the division, who shall have the following qualifications:
(1) The director shall be a resident of Louisiana.
(2) The director shall be licensed to practice law in Louisiana.
(3) The director shall have been engaged in the actual practice of law for at least five years prior to his appointment.
B.(1) The director shall serve a six-year term and may be reappointed and confirmed for subsequent six-year terms without limitation.
(2) If a vacancy occurs during the director's term, the governor shall appoint a successor to fill the remainder of the vacant term.
(3) The first director shall be appointed on July 1, 1996, and shall take such action in compliance with this Chapter as necessary to ensure that the provisions of this Chapter are implemented by October 1, 1996.
C. The director shall be a full-time unclassified employee of the division and he shall not accept or engage in additional employment of any kind.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
The director of the division shall take the following actions:
(1) Administer and cause the work of the division to be performed in such a manner and pursuant to such a program as may be appropriate.
(2) Organize the division into such sections as may be appropriate.
(3) Assign administrative law judges as appropriate to perform duties vested in or required by the division.
(4) Develop and maintain a program for the continual training and education of administrative law judges and agencies in regard to their responsibilities under this Chapter and the Administrative Procedure Act.
(5) Secure, compile, and maintain all records of adjudications held pursuant to this Chapter or the Administrative Procedure Act, and such reference materials and supporting information as may be appropriate.
(6) Develop uniform standards, rules of evidence, and procedures, including but not limited to standards for determining whether or not a summary or ordinary hearing should be held, to regulate the conduct of adjudications.
(7) Promulgate and enforce rules for the prompt implementation and coordinated administration of this Chapter as may be appropriate.
(8) Administer and supervise the conduct of adjudications.
(9) Assist agencies in the preparation, consideration, publication, and interpretation of rules as appropriate pursuant to the Administrative Procedure Act.
(10) Employ the services of the several agencies and their employees in such manner and to such extent as may be agreed upon by the director and the chief executive officer of such agency.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2003, No. 1056, §1.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
A. The director shall develop and implement a program of judicial evaluation to aid in the performance of his duties.
B. The judicial evaluation shall focus on three areas of judicial performance including competence, productivity, and demeanor. It shall include consideration of the following:
(1) Industry and promptness in adhering to schedules.
(2) Tolerance, courtesy, patience, attentiveness, and self-control in dealing with litigants, witnesses, and counsel and in presiding over adjudications.
(3) Legal skills and knowledge of the law and new legal developments.
(4) Analytical talents and writing abilities.
(5) Settlement skills.
(6) Quantity, nature, and quality of caseload disposition.
(7) Impartiality and conscientiousness.
C. The director shall develop standards and procedures for the judicial evaluation which shall include taking comments from randomly selected litigants and lawyers who have appeared before the administrative law judge under evaluation.
D. The judicial evaluation shall include a review of the methods used by the administrative law judge. The judicial evaluation shall not include a review of any result as determined by an administrative law judge in any adjudication.
E. Before implementing any action based on the findings of the judicial evaluation, the director shall discuss the findings and the proposed action with the affected judge.
F. The judicial evaluation and supporting documents shall be confidential and shall not be subject to open records provisions of R.S. 44:1 et seq.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
A. The administrative law judge may conduct a prehearing conference pursuant to a motion of any party or on his own motion.
B. The administrative law judge shall set the time and place for the prehearing conference.
C. The administrative law judge shall give reasonable notice of the prehearing conference to all parties.
D. The prehearing conference may be conducted for the purpose of dealing with one or more of the following matters:
(1) Exploration of settlement possibilities.
(2) Preparation of stipulations.
(3) Clarification of issues.
(4) Rulings on the identities and limitation on the number of witnesses.
(5) Objections to proffers of evidence.
(6) Order of presentation of evidence and cross-examination.
(7) Rulings regarding issuance of subpoenas and protective orders.
(8) Schedules for the submission of written briefs.
(9) Schedules for the conduct of a hearing.
(10) Any other matter to promote the orderly and prompt conduct of the adjudication.
E. The administrative law judge shall issue a prehearing order, which he may direct one or more of the parties to prepare, incorporating the matters determined at the prehearing conference.
F. An administrative law judge assigned to render a decision or to make findings of fact and conclusions of law in a case of adjudication noticed and docketed for hearing shall not communicate, directly or indirectly, in connection with any issue of fact or law, with any party or his representative, or with any officer, employee, or agent engaged in the performance of investigative, prosecuting, or advocating functions, except upon notice and opportunity for all parties to participate.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
A. An administrative law judge shall voluntarily disqualify himself and withdraw from any adjudication in which he cannot accord a fair and impartial hearing or consideration, or when required to by applicable rules governing the practice of law in Louisiana.
B.(1) Any party may request the disqualification of an administrative law judge by filing an affidavit, promptly upon learning of the basis for the disqualification, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded.
(2) The director shall promptly determine whether or not to disqualify an administrative law judge based on the request, or alternatively, he may hold a preliminary hearing at least ten calendar days prior to the hearing date for the purpose of receiving evidence relating to the grounds alleged for disqualification.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
The division is authorized to provide administrative law judges on a contractual basis to any governmental entity not covered by this Chapter, and to conduct administrative hearings for such entity.
Acts 1999, No. 416, §1; Acts 2003, No. 956, §1, eff. July 1, 2003.
A. As used in this Part, the following terms shall have the following definitions:
(1) "Enforcing authority" means any of the following who have authority to enforce the provisions of this Part:
(a) The issuing agency which issued the license or permit.
(b) The attorney general.
(2) "Holder of a license or permit" means the natural person or other entity in whose name a license or permit is issued and who holds such license or permit.
(3) "Issuing agency" means a state agency, board, commission, department, or other entity of the state which issues a license or permit.
(4) "License or permit" means any license or permit issued to any person or other entity by a state agency, except for any license or permit issued pursuant to any provisions of the law in Title 37 or Title 3 of the Louisiana Revised Statutes of 1950.
B. Notwithstanding any other provision of law to the contrary, and in addition to any other sanction or penalty which may be imposed, any license or permit issued by any issuing agency may be suspended and ultimately revoked in accordance with the procedures provided for in this Part if the natural person who is the holder of such permit or license, the natural person who owns in excess of fifty percent of an entity which holds the license or permit, or the natural person who is the chief executive officer of an entity which holds the license or permit has been convicted of, or has entered a plea of guilty or nolo contendere to, any crime which is a felony under state or federal law related to obtaining or keeping the license or permit.
C. The license or permit may be suspended and its revocation shall be recommended to the courts by the issuing agency which has issued the license or permit upon its determination in the manner provided for in this Part that a person provided for in this Section has been convicted of, or has entered a plea of guilty or nolo contendere to, a felony under state or federal law related to obtaining or keeping the license or permit.
D. Such license or permit shall be revoked upon a final judgment by a court that the action of the issuing agency in suspending the license was in accord with the facts and law.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
A. Any enforcing authority may bring an action against the holder of a license or permit to suspend and ultimately revoke such license or permit in the manner and according to the procedure provided for in this Part if the enforcing authority obtains knowledge that the natural person who is the holder of the permit or license, or the natural person who owns in excess of fifty percent of the entity which holds the license or permit, or the natural person who is the chief executive officer of the entity which holds the license or permit has been convicted of, or has entered a plea of guilty or nolo contendere to, a crime which is a felony under state or federal law related to obtaining or keeping the license or permit.
B. The enforcing authority may initiate the action by providing written notice by certified mail of its intention to suspend and ultimately revoke the license or permit of the holder pursuant to this Part, sent to the holder of the license or permit, the person alleged to have been convicted of, or to have entered a plea of guilty or nolo contendere to, a felony under state or federal law related to obtaining or keeping the license or permit, and to the issuing agency which issued the license or permit, if different from the enforcing authority.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
A. An action to enforce the provisions of this Part shall be initiated by written application made by the enforcing authority to the issuing agency issuing the license or permit requesting such agency to order the suspension and recommend to the courts the revocation of the license or permit.
B. No determination shall be made and no license shall be ordered suspended and ultimately revoked without an adjudicatory hearing conducted in accordance with the Administrative Procedure Act and Part A of this Chapter.
C. Notwithstanding the provisions of R.S. 49:992 or any other law to the contrary, any hearing conducted pursuant to this Part may, at the request of the issuing agency, be conducted by an administrative law judge in an adjudicatory hearing pursuant to Part A of this Chapter.
D. For purposes of this Part, the enforcing authority shall prove by a preponderance of the evidence that a person has been convicted of, or has entered a plea of guilty or nolo contendere to, a crime which is a felony under state or federal law related to the obtaining or keeping of the license at issue.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
A.(1) Within thirty days after the issuance of a written determination and order by an administrative law judge or an issuing agency that the license or permit of a holder should be suspended, and a recommendation to the courts that such license or permit should be revoked, the enforcing authority shall file a petition in the Nineteenth Judicial District Court requesting such judge or court to uphold the determination of such issuing agency and order the revocation of the license or permit. A copy of the written determination and order of the administrative law judge or the issuing agency and a certified transcript of all proceedings had, if any, shall be filed with the court at the same time as the petition of the enforcing authority.
(2) The holder of the license or permit that has been ordered suspended may also file a petition requesting that the order of the administrative law judge or the issuing agency be set aside at any time after it is issued.
B.(1) After or in conjunction with the filing of a petition as provided for in Subsection A of this Section, the holder of the license or permit that has been ordered suspended may file an application with the court with supporting affidavits requesting the court to make an initial determination as to whether the suspension of the license or permit by the administrative law judge or the issuing agency should be upheld.
(2) The court shall assign a hearing on the application for the initial determination not less than two nor more than ten days after the filing of such application, in open court or in chambers.
(3) The court shall review the written determination and order of the administrative law judge or issuing agency, any affidavits which were filed with the application, and the transcript of the proceedings, if any.
(4) If the court upon a review of such documents and consideration of the issues involved finds both that it is not probable that the order of the administrative law judge or the issuing agency will be upheld and that the suspension of the license or permit will result in irreparable injury, loss, or damage to the holder of the license or permit, the court shall issue an order enjoining the suspension until it renders a final judgment on the matter.
C.(1) Except for the procedure as provided in Subsection B of this Section, all of the cases provided for in this Section shall be tried in the same manner as civil cases and shall be heard and determined as speedily as possible.
(2) If the court finds that the action of the administrative law judge or the issuing agency is in accordance with the facts and law, the court shall render a judgment upholding the order of the administrative law judge or the issuing agency and revoking the license or permit of the holder. If not, the court shall either dismiss the order of the administrative law judge or the issuing agency and enjoin the suspension of the license or permit, or it shall remand the case to the administrative law judge or the issuing agency for further proceedings either with or without maintaining the suspension of the license or permit.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
Notwithstanding any other law to the contrary, the provisions of this Part shall provide an additional ground or cause of action for suspension or revocation of a license or permit issued by an issuing agency and shall be in addition to any other sanction or penalty which such agency is specifically authorized to impose.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
As used in this Chapter, the following words and phrases have the meanings contained herein unless the context clearly requires otherwise:
(1) "CAP-FDT-certified laboratory" means a laboratory certified for forensic hair drug testing by the College of American Pathologists.
(2) "CAP-FUDT-certified laboratory" means a laboratory certified for forensic urine drug testing by the College of American Pathologists.
(3) "Employee" means any person, paid or unpaid, in the service of an employer, as defined in this Section.
(4) "Employer" means any person, firm, or corporation, including any governmental entity, that has one or more workers or operators employed, or individuals performing service, in the same business, or in or about the same establishment, under any contract of hire or service, expressed or implied, oral or written; however, "employer" for the purposes of this Chapter shall not include any person, firm, or corporation that is subject to a federally mandated drug testing program. For the purposes of this Chapter, an employee who is a person, firm, or corporation that contracts or subcontracts with a principal need not be considered, in whole or in part, to be an employee of such principal.
(5) "Medical review officer" means a licensed physician responsible for receiving laboratory results generated by employer or testing entity's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his medical history and any other relevant biomedical information.
(6) "Negative employment consequences" means any action taken by an employer or an employer's agent which negatively impacts an employee's or prospective employee's employment status. Examples of "negative employment consequences" include but are not limited to termination of employment, refusal to hire, or altered conditions of employment such as counseling, probation, suspension, and demotion.
(7) "Prospective employee" means any person who has made application to an employer, whether written or oral, to become an employee.
(8) "SAMHSA" means the Substance Abuse and Mental Health Services Administration.
(9) "SAMHSA-certified laboratory" means a laboratory certified for forensic drug testing by the Substance Abuse and Mental Health Services Administration.
(10) "SAMHSA guidelines" means the Mandatory Guidelines for Federal Workplace Drug Testing Programs as published in the Federal Register on April 11, 1988 (53 FR 11970), revised on June 9, 1994 (59 FR 29908), further revised on September 30, 1997 (62 FR 51118), and any further revised guidelines issued by SAMHSA.
(11) "Sample" means urine, blood, saliva, or hair.
(12) "Screening laboratory" means any building, place, or facility in which operations and procedures for the biological, serological, immunological, chemical, immuno-hematological, or other examination of materials derived from the human body are performed for the purpose of drug testing and which is not SAMHSA-certified or CAP-FUDT-certified for forensic urine drug testing and if the following apply to the drug testing of said "screening laboratory":
(a) If, as a result of such testing, mandatory or discretionary negative employment consequences will not be rendered to the individual.
(b) Drug testing is performed for any or all of the following classes of drugs: marijuana, opioids, cocaine, amphetamines, and phencyclidine.
(13) "Screening test" means an immunoassay screen to eliminate "negative" specimens from further consideration.
(14) "Split sample" means one specimen from one individual that is separated into two specimen containers.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991; Acts 2004, No. 901, §1, eff. July 12, 2004; Acts 2015, No. 74, §1.
A. This Chapter applies to testing for the presence of marijuana, opioids, cocaine, amphetamines, and phencyclidine.
B. This Chapter does not preclude or regulate the testing for drugs other than those specified in Subsection A of this Section or other controlled substances as defined in 21 U.S.C. 812, Schedules I, II, III, IV, and alcohol.
C. This Chapter shall not apply to treatment centers or physicians using drug testing to diagnose or monitor their patients, nor to any person, firm, or corporation engaged in the production and distribution of gas or electricity that is regulated by the Louisiana Public Service Commission.
D. This Chapter shall not apply to drug testing conducted under legal authority including testing of persons in the criminal justice systems, such as arrestees, detainees, probationers, incarcerated persons, or parolees.
E. This Chapter shall not apply to drug testing mandated by Federal Executive Order 12564.
F. This Chapter shall not apply to drug testing conducted by the National Collegiate Athletic Association (NCAA) or the National Football League (NFL).
G. This Chapter shall not apply to any athlete who is currently being drug tested under the auspices of any recognized international, national, regional, or state governing authority.
H. This Chapter shall not apply to any person, firm, or corporation engaged or employed in the exploration, drilling, or production of oil or gas in Louisiana or its territorial waters. The initial cut-off level for marijuana testing of fifty nanograms per milliliter as provided in R.S. 49:1005(B) may be reduced or modified by any person, firm, or corporation engaged in construction, maintenance, or manufacturing at any refining or chemical manufacturing facility.
I. This Chapter shall not apply to any employer or an employer's agent who uses an on-site screening test to test an employee or prospective employee when there are no negative employment consequences as defined in this Chapter. As used in this Subsection, "on-site screening test" is a screening test which is easily portable and which can be administered in a location outside a laboratory such as a work site or elsewhere and is certified by the United States Food and Drug Administration (USFDA) for commercial distribution and which meets generally accepted cutoff levels such as those in the mandatory guidelines for federal workplace drug testing programs.
J. This Chapter does not preclude an employer or an employer's agent from utilizing a USFDA-cleared specimen testing method that uses a sample as defined in R.S. 49:1001 provided that such sample is processed in a laboratory with a SAMHSA, CAP-FUDT, or CAP-FDT certification using generally accepted cutoff levels as established by the USFDA for the type of sample tested, or by SAMHSA at such time when SAMHSA implements a final rule to regulate the type of sample test. Any sample collected shall be subject to USFDA-cleared immunoassay screening and confirmation testing at a SAMHSA-certified, CAP-FUDT-certified, or CAP-FDT-certified laboratory. Such samples that test positive shall be preserved by the laboratory and available for challenge testing at the request of the donor. No sample shall be used to collect or analyze DNA.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991; Acts 2001, No. 855, §1; Acts 2004, No. 901, §1, eff. July 12, 2004; Acts 2006, No. 209, §1; Acts 2008, No. 150, §1; Acts 2015, No. 74, §1.
A. All drug testing of individuals in residence in the state and all drug testing of samples collected in the state, including territorial waters and any other location to which the laws of Louisiana are applicable, shall be performed in SAMHSA-certified, CAP-FUDT-certified, or CAP-FDT-certified laboratories, if both of the following apply:
(1) If, as a result of such testing, mandatory or discretionary negative employment consequences will be rendered to the individual.
(2) Drug testing is performed for any or all of the following classes of drugs: marijuana, opioids, cocaine, amphetamines, and phencyclidine.
B. Drug testing as provided in this Subsection shall be performed in compliance with the SAMHSA guidelines except as provided in this Chapter or pursuant to statutory or regulatory authority under R.S. 23:1081 et seq. and R.S. 23:1601 et seq. The cut off limits for drug testing shall be in accordance with SAMHSA guidelines with the exception of initial testing for marijuana. The initial cut off level for marijuana shall be no less than fifty nanograms/ML and no more than one hundred nanograms/ML as specified by the employer or the testing entity. The Louisiana Department of Health shall have the responsibility to adopt the SAMHSA guidelines for purposes of governing drug-testing programs for specimens collected in accordance with this Chapter. The Louisiana Department of Health shall have the responsibility for adoption of any subsequent revisions of the SAMHSA guidelines as of the initial effective date of this Chapter.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991; SCR No. 137, 1991 R.S; Acts 2004, No. 901, §1, eff. July 12, 2004; Acts 2015, No. 74, §1.
Repealed by Acts 2004, No. 901, §2, eff. July 12, 2004.
Repealed by Acts 2004, No. 901, §2, eff. July 12, 2004.
Repealed by Acts 2004, No. 901, §2, eff. July 12, 2004.
A. Any employee, confirmed positive, upon his written request, shall have the right of access within seven working days to records relating to his drug tests and any records relating to the results of any relevant certification, review, or suspension/revocation-of-certification proceedings.
B. An employer may, but shall not be required to, afford an employee whose drug test is certified positive by the medical review officer the opportunity to undergo rehabilitation without termination of employment.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991.
A. All information, interviews, reports, statements, memoranda, or test results received by the employer through its drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in an administrative or disciplinary proceeding or hearing, or civil litigation where drug use by the tested individual is relevant.
B. No cause of action for defamation of character, libel, slander, or damage to reputation or privacy arises in favor of any person against an employer or testing entity who has established a program of drug or alcohol testing in accordance with this Chapter, unless:
(1) The results of that test were disclosed to any person other than the employer or testing entity, an authorized employee or agent of the employer or testing entity, the tested employee, or the tested prospective employee;
(2) The information disclosed was based on a false test result or a failure to comply with the provisions of this Chapter;
(3) All elements of an action for defamation of character, libel, slander, or damage to reputation or privacy as established by statute or civil law, are satisfied.
C. Any provision of this Chapter held to be prohibited by the laws of the state of Louisiana shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Chapter.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991.
A. A public employer may require, as a condition of continued employment, samples from his employees to test for the presence of drugs following an accident during the course and scope of his employment, under other circumstances which result in reasonable suspicion that drugs are being used, or as a part of a monitoring program established by the employer to assure compliance with terms of a rehabilitation agreement.
B. A public employer may require samples from prospective employees, as a condition of hiring, to test for the presence of drugs.
C. A public employer may implement a program of random drug testing of those employees who occupy safety-sensitive or security-sensitive positions.
D. Any public employee drug testing shall occur pursuant to a written policy, duly promulgated, and shall comply with the provisions of this Chapter.
E. In the event the Louisiana State Racing Commission shall require or conduct drug testing on its employees, agents, and representatives, the Commission shall comply with the provisions of this Part and the Louisiana Administrative Procedure Act as well as seek prior approval of the procedures of the drug testing by the appropriate legislative oversight committee. The failure of the State Racing Commission to receive the required legislative approval shall negate all test results conducted under the non-approved procedures. Any drug testing program or procedure required or conducted by the State Racing Commission shall be applicable and include the members of the State Racing Commission.
F.(1) A public employer shall require samples to test for the presence of drugs, as a condition of hiring, from prospective employees whose principal responsibilities of employment include operating a public vehicle, performing maintenance on a public vehicle, or supervising any public employee who operates or maintains a public vehicle.
(2) A public employer shall implement a program of random drug testing of those employees whose principal responsibility is to operate public vehicles, maintain public vehicles, or supervise any public employee who drives or maintains public vehicles.
(3)(a) For the purposes of this Subsection, "public vehicle" shall include any motor vehicle, watercraft, aircraft, or rail vehicle owned or controlled by the state or by a local governmental subdivision that has adopted an ordinance as provided in Subparagraph (b) of this Paragraph.
(b) For purposes of this Subsection, "public employer" shall mean the state and any local governmental subdivision that has adopted an ordinance providing that the subdivision is a public employer for such purpose. The governing authority of any local governmental subdivision may adopt such an ordinance.
(4) The provisions of this Subsection shall not be construed so as to supplant any testing program in existence that meets the requirements of the Subsection.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991; Acts 1997, No. 1194, §1; Acts 2008, No. 277, §1, eff. June 17, 2008.
A. No state employer shall subject an employee or prospective employee to negative employment consequences based solely on a positive drug test for marijuana, marijuana components, including tetrahydrocannabinols, or marijuana metabolites if the employee or prospective employee has been clinically diagnosed as suffering from a debilitating medical condition and a licensed physician has recommended marijuana for therapeutic use by the employee in accordance with R.S. 40:1046.
B. Subsection A of this Section shall not be construed to prohibit the imposition of negative employment consequences on an employee who uses or is impaired by marijuana on the premises of the employer or during work hours or an employee whose principal responsibility is to operate a state vehicle, maintain a state vehicle, or supervise any employee who drives or maintains a state vehicle.
C. The provisions of this Section shall not apply to emergency medical services, law enforcement, public safety officials, any state employee of the horse racing commission, and firefighter services.
Acts 2022, No. 651, §1.
A.(1) The legislature does hereby declare that a state of emergency exists in Louisiana as a result of the spiraling increases of abuse of illegal substances by its citizens. The legislature further declares that such illegal drug abuse presents a clear and present danger to the health, welfare, and security of the state, its citizens, and government. The legislature acknowledges that the terrible cost of drug abuse is ultimately paid by all of the state's citizens in the form of public monies expended to eradicate, interdict, and destroy such illegal substances, keep those substances away from our homes, families, schools, and children, operate a costly and massive criminal justice system for violators and continue to attempt to rehabilitate those who have lost the struggle to be free of illegal drugs. The legislature further acknowledges that all its citizens eventually pay the high price of illegal substance abuse by way of decreased productivity in the work place, and higher costs for goods and services throughout the state's economic apparatus. The elderly, in particular, are especially affected by crimes of violence perpetrated by drug abusers who murder and rob to support their drug habit. Children, especially from lower income families, suffer unnecessarily from drug abuse when they go unfed, ill clothed, and without proper medical treatment because drug abusing adults in the household spend badly needed money for illegal substances. Many times the drug abusers deny themselves proper medical treatment to obtain illegal drugs, often becoming not only ill, but indigent as well. The legislature therefore believes that government has a compelling interest to insure, protect, and safeguard its citizens from the scourge of illegal drug abuse, whether in the classroom or the halls of government.
(2) Those persons entering into contracts with the state to provide goods and services, including such items as food services, construction of roads, and other public improvements, and goods and services provided could place in jeopardy the lives or livelihood of persons operating motor vehicles, eating at public state facilities or receiving other goods and services from such vendors. This would certainly involve a safety sensitive issue. Those persons receiving loans apply for the privilege of such award of taxpayer funds based upon claiming a special need for such assistance. It is in the state's best interest and a duty of the state to protect the taxpayers from waste, fraud, and corruption by determining if such persons receiving such funding are using the funds as stated in their applications. Additionally, children, the elderly, and others dependent on persons receiving such funds are in increased danger when drugs are present because of the violent nature of the drug environment. The state, therefore, has a higher duty to be sure its funds are not used to further the addiction of someone who has the responsibility over children, elderly, or others dependent on their care.
B. The commissioner of administration shall establish and administer a program for random drug testing for all persons who receive anything of economic value or receive funding from the state or an entity thereof, including but not limited to all persons awarded state contracts to provide goods or services or loans from the state or an entity thereof.
C. The commissioner of administration shall promulgate rules and regulations for conducting a random drug testing program. The commissioner shall accomplish the actual operation of the drug testing program with the help, assistance, and support of all the agencies and departments of the state. When an agency, department, or other government entity has an operational drug testing program, that agency, department, or government entity shall randomly test all of those persons seeking contracts or loans.
D. The cost of testing persons subject to the provisions of this Section for the presence of illegal drugs shall be borne by the agency, department, or government entity that contracts with or grants a loan to the person being tested.
E. If the sample of a person tested subject to the provisions of this Section should indicate the presence of an illegal substance and it is the first such indication of such an illegal substance, that person shall be subject to compliance with the terms of a rehabilitative treatment program approved by the commissioner of administration as a prerequisite to continuation of the contract or loan from the state or an entity thereof. The costs of such a rehabilitative treatment program will be paid by the person's health care insurer if that person has such coverage through said health care insurer. Otherwise, the costs of the treatment shall be borne by the person at his own expense. If the person is indigent, the program costs shall be borne by the agency requiring the drug testing and rehabilitative treatment.
F. If a person subject to the provisions of this Section refuses to comply with a test request or if the sample of a person tested subject to the provisions of this Section indicates the presence of an illegal substance and it is the second or subsequent indication of such an illegal presence or occurs during the rehabilitative treatment program, that person shall be subject to termination, removal, or loss of the contract or loan.
G. Any person subject to the provisions of this Section shall be deemed to have given consent to a chemical test or tests for the purpose of determining the presence in their body of any illegal substance as determined by the board. The commissioner of administration shall set the standards and rules and regulations governing all aspects of the testing and rehabilitative process.
H. The commissioner of administration shall prepare a written statistical report on the program and submit the report to the legislature on or before January 1, 1999 and annually thereafter.
Acts 1997, No. 1459, §1.
NOTE: ACTS 1997, NO. 1459, §4, PROVIDES FOR EFFECTIVENESS UPON ALLOCATION OF FUNDS.
A. The legislature finds that geographically related information of potential use to the state of Louisiana has been collected and stored in numerous formats by many state entities. Geographic information system (GIS) technology is rapidly advancing, and many agencies throughout state government have used this technology to develop a variety of applications. No centralized geographically related data resource or network for data communication and exchange currently exists. This type of network can use available GIS technology to eliminate duplication of effort and unnecessary redundancy in data collections and systems and to provide for integration of geographically related data bases to facilitate the policy and planning purposes of the state of Louisiana.
B. The legislature further finds that cooperation and coordination among the various state entities developing and maintaining GIS systems is necessary for the economical use of state resources allocated to acquire GIS technology and associated data bases.
C. It is the purpose of this Chapter to create a mechanism for interagency cooperation in the sound development of state geographic information systems.
Acts 1995, No. 922, §2.
A. "GIS" means geographic information system.
B. "Secretary" in R.S. 49:1053 means the secretary of the department of the executive branch of state government to which reference is made.
Acts 1995, No. 922, §2.
A. There is hereby created the Louisiana Geographic Information Systems Council, which shall be responsible for guiding the sound development of geographic information systems, spatially enabled data, and geographically related information technology for the state of Louisiana.
B. The Louisiana Geographic Information Systems Council, hereafter referred to as "council", shall be placed within the division of administration, office of technology services.
C. The council shall be composed of the following members:
(1) A representative of the Louisiana Senate, appointed by the president of the Senate.
(2) A representative of the Louisiana House of Representatives, appointed by the speaker of the House.
(3) A representative of the office of the governor, division of administration, appointed by the commissioner of administration.
(4) A representative of the office of the governor, military department, appointed by the adjutant general.
(5) A representative of the Department of Justice, appointed by the attorney general.
(6) A representative of the Department of Agriculture and Forestry, appointed by the commissioner of agriculture.
(7) A representative of the Department of Culture, Recreation and Tourism, appointed by the secretary.
(8) A representative of Louisiana Economic Development, appointed by the secretary.
(9) A representative of the Department of Environmental Quality, appointed by the secretary.
(10) A representative of the Louisiana Department of Health, office of public health, appointed by the secretary.
(11) A representative of the Department of Conservation and Energy, appointed by the secretary.
(12) A representative of the Department of Public Safety and Corrections, appointed by the secretary.
(13) A representative of the Department of Transportation and Development, appointed by the secretary.
(14) A representative of the Department of Wildlife and Fisheries, appointed by the secretary.
(15) A representative of Louisiana Works, appointed by the secretary.
(16) A representative of the Department of Children and Family Services, appointed by the secretary.
(17) A representative of the Department of Education, appointed by the superintendent of education.
(18) A representative of the Louisiana Assessors Association, appointed by the governor from a list of three names submitted by such association and subject to confirmation by the Senate.
(19) A representative of the Police Jury Association of Louisiana, appointed by the governor from a list of three names submitted by such association and subject to confirmation by the Senate.
(20) A representative of the Louisiana Municipal Association, appointed by the governor from a list of three names submitted by such association and subject to confirmation by the Senate.
(21) A representative of the Louisiana Association of Planning and Development Districts, appointed by the governor from a list of three names submitted by such association and subject to confirmation by the Senate.
D. Upon approval of the council, any other entity may appoint a representative as a member of the council. The appointing authority of such entity shall make the appointment.
E.(1) Each representative appointed shall be knowledgeable about geographic information systems and shall be involved in GIS applications in his employment capacity.
(2) Each representative may appoint a designee who shall have all the rights and privileges as a member of the council when acting in such capacity.
F. The council shall select a chairman and vice chairman from its membership.
G. A majority of the council shall constitute a quorum for the transaction of business.
H. The council shall be domiciled in Baton Rouge.
I. The members of the council shall serve without compensation.
Acts 1995, No. 922, §2; Acts 2001, No. 772, §4, eff. July 1, 2001; Acts 2005, 1st Ex. Sess., No. 68, §1, eff. Jan. 21, 2006; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 409, §6, eff. July 1, 2009; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
NOTE: See Acts 1995, No. 922, §3.
The Louisiana Geographic Information Systems Council shall have the following duties:
(1) To advise the chief information officer, office of technology services, on the activities and duties of and provide oversight to the Louisiana Geographic Information Center (LAGIC), established to provide various GIS services to the state.
(2) To make recommendations to the chief information officer on the establishment of GIS policies, procedures, and guidelines for the sharing of data and technology among federal, state, and local agencies.
(3) To provide a forum for the coordination and cooperation of federal, state, and local GIS efforts.
(4) To advise state agencies on the acquisition and implementation of GIS and related activities.
Acts 1995, No. 922, §2; Acts 2001, No. 772, §4, eff. July 1, 2001; Acts 2005, 1st Ex. Sess., No. 68, §1, eff. Jan. 21, 2006; Acts 2009, No. 409, §6, eff. July 1, 2009.
A. The Louisiana Geographic Information Center shall have the duty to provide various GIS services to the state at the direction of the chief information officer, which may include:
(1) To create a statewide geo-spatial portal for the consolidated distribution of spatial and related non-spatial data.
(2) To collect, maintain, and distribute existing spatial or related non-spatial data by a statewide geo-spatial portal.
(3) To provide technical assistance to state agencies on the acquisition and implementation of GIS and related activities.
(4) To promote GIS use and development in Louisiana.
(5) To attract funding for state GIS efforts.
(6) To serve as the primary contact for information related to geo-spatial activities.
(7) To assist in the coordination of GIS activities in state government with the activities of the office of technology services, as provided in R.S. 39:15.1 et seq.
B.(1) The Louisiana Geographic Information Center shall have authority to enter into contracts or other associated agreements necessary to conduct the duties set forth in this Section.
(2) The Louisiana Geographic Information Center may seek reimbursement for any assistance provided to federal, state, or local entities.
(3) The Louisiana Geographic Information Center may apply for, accept, and utilize grants, contributions, and other funding in order to carry out its powers, functions, and duties and the directives of the chief information officer.
Acts 2005, 1st Ex. Sess., No. 68, §1, eff. Jan. 21, 2006; Acts 2009, No. 409, §6, eff. July 1, 2009.
A. Each member entity of the council may provide staff support for the activities of the council.
B. All departments and agencies of all branches of government and all units of local government shall cooperate with the council in providing and maintaining information related to the GIS activities of the state.
C. No department or agency unit of local or state government shall furnish information or data protected by the confidentiality provisions of Part I of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950, data protected by contract or licensing agreements, or any other confidential or privileged information; however, every department and agency and every unit of local government shall provide information on such data without disclosing the confidential or protected portion. Any person who intentionally violates the provisions of this Subsection shall be fined not more than five hundred dollars or imprisoned for not more than six months or both.
D. In order to obtain spatial or related non-spatial data, the Louisiana Geographic Information Center shall have the authority to enter into agreements with federal, state, and local public entities and private sector entities. These agreements shall protect confidentiality, contracted licensing agreements, and sensitive information or information deemed sensitive as defined by the federal Department of Homeland Security and Governor's Office of Homeland Security and Emergency Preparedness.
Acts 1995, No. 922, §2; Acts 2005, 1st Ex. Sess., No. 68, §1, eff. Jan. 21, 2006; Acts 2006, 1st Ex. Sess., No. 35, §5, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006.
The council shall prepare and distribute a periodic report on the development of GIS technology and data sharing in state government. Such reports shall be distributed to all departments in the executive branch, the president of the Senate, and the speaker of the House of Representatives. Such reports shall be made available to other interested individuals upon request, and fees may be charged for the distribution of reports to such individuals which shall not exceed the cost of preparing such reports.
Acts 1995, No. 922, §2.
The council is authorized to receive donations or grants from private or public sources for the purpose of developing GIS technology and data sets for the state of Louisiana.
Acts 1995, No. 922, §2.
A. A state agency requesting data from another state agency may petition the joint committee on governmental affairs to conduct a review of the agency's request for data sharing to gain authorization by the committee for the data to be shared between the agencies.
B.(1) The requesting agency shall send a petition in writing to both the House and Senate committees on governmental affairs. The request shall include the following information:
(a) The receiving or requesting agency and the disclosing agency.
(b) Scope of data being requested.
(c) Scope of use, including who will have access to the data.
(d) Method of transfer.
(e) Legal authority for the transfer.
(2)(a) Upon receipt of the agency's petition, the joint committee on governmental affairs may conduct a hearing to approve the agency's request for the data to be shared.
(b) The joint committee on governmental affairs shall notify the agencies of the scope of the public meeting regarding the agency's request for data.
C.(1) Each state agency may cooperate with the House and Senate committees on governmental affairs in fulfilling the requirements of this Section.
(2) Upon the approval by the joint committee on governmental affairs of the agency's request for data, the disclosing agency may provide the data to the requesting agency.
D. Nothing in this Section shall supersede the provisions of R.S. 47:1508.
Acts 2020, No. 293, §1.
A. Except as designated by the Constitution of Louisiana or as provided in R.S. 49:215(D) or Subsection B of this Section, no statutory entity, as defined in R.S. 49:190, or "agency", "department", or "office", as defined in R.S. 36:3, or budget unit, as that term is used in Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, shall be named or renamed except by a law enacted by the legislature. Organizational units of the executive branch of state government shall be designated by terminology as provided in R.S. 36:9.
B.(1) The powers, duties, and responsibilities of the Board of Regents for all public higher education pursuant to Article VIII, Section 5 of the Constitution of Louisiana shall include the power and authority to name or rename institutions of public higher education.
(2)(a) Notwithstanding the provisions of Subsection C of this Section, the Board of Regents, or its successor, shall change the name of any university designated in R.S. 17:3217 (1) through (9) to the "University of Louisiana at (its geographic location)" or its current name provided said name change is requested by the chief executive officer of the university, which, provided all requirements of this Paragraph have been complied with, shall be approved by both the Board of Trustees for State Colleges and Universities and the Board of Regents. Any such name change shall in no way affect the status of Louisiana State University and Agricultural and Mechanical College as the premier flagship university for the state.
(b) The provisions of this Paragraph shall be implemented and become effective provided no less than two institutions make a request for and are approved to change the institutional name pursuant to Subparagraph (a) of this Paragraph.
(c) Nothing contained in this Paragraph, or in any other provision of law, shall authorize the Board of Regents, or its successor, to change the name of any university unless the chief executive officer of that university presents to that board an express written request for that change of name. The Board of Regents, or its successor, shall not force or coerce any chief executive officer of any university to request a change of name for that university.
(d) With regard to Grambling State University, the Board of Regents, or its successor, shall not take any action to change the name of Grambling State University unless the name change has been approved by a majority of the alumni voting in a referendum on that question at the annual meeting of the Alumni Association, by a majority of the student body voting in a referendum on that question, and by a majority of the Faculty Senate voting in a referendum on that question, and the president of Grambling State University has issued a written statement concurring in the actions of the alumni, the students, and the faculty.
C. Any contrary action taken by any management board of higher education notwithstanding, the names of the public institutions of higher education in the state of Louisiana shall be, on the effective date of this Section, as provided by the legislature in R.S. 17:3215 through 3217. Prior to naming any newly created or renaming any existing institution of public education, the Board of Regents shall obtain legislative approval of any proposed name or name change by concurrent resolution adopted by a vote of at least a majority of the membership of each house of the legislature.
Acts 1984, No. 656, §1; Acts 1987, No. 736, §2; Acts 1995, No. 45, §2, eff. June 8, 1995; Acts 1995, No. 634, §2, eff. June 20, 1995; Acts 1998, 1st Ex. Sess., No. 151, §2, eff. July 1, 1999; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 791, §18.
§§1102, 1103 Repealed by Acts 1983, No. 687, §7.
The legislature finds that:
(1) National and community service is a valuable and effective means for Louisianians to meet the country's and state's critical, unmet educational, environmental, human, and public safety needs.
(2) Community service builds a lifelong ethic of service, citizenship, and understanding among Louisianians, and unites citizens of all ages, races, and backgrounds to build civic-minded, cooperative, and caring communities.
(3) Community service programs foster a spirit of pride in citizenship and provide participants with the skills and educational opportunities necessary for the long-term prosperity of this state.
(4) Service learning expands the opportunities for learning to serve within the school and within the wider community by creating partnerships in service between the school and the community.
(5) Active support and collaboration from the private sector, the public sector, and the nonprofit sector are essential in developing and implementing community service programs.
(6) The National and Community Service Trust Act of 1993 requires that a bipartisan, policy-making commission be established for the implementation of the federal legislation in this state.
Acts 1995, No. 742, §2, eff. June 27, 1995; Acts 2012, No. 553, §3.
A. The Volunteer Louisiana Commission, hereinafter referred to in this Chapter as "commission", is hereby established in the executive branch of state government in the office of the lieutenant governor. The commission is hereby declared to be a body corporate and public, exercising public and essential governmental functions. The domicile of the commission shall be in the city of Baton Rouge. The purpose of the commission shall be to:
(1) Encourage community service as a means of community and state problem solving.
(2) Promote and support citizen involvement in government and private programs throughout this state.
(3) Develop a long term, comprehensive vision and plan for action for community service initiatives in this state.
(4) Act as the state's policymaking body for the Corporation for National and Community Service.
(5) Serve as the state's liaison to other national and state organizations which support its mission.
B.(1) The commission shall consist of no fewer than fifteen and no more than twenty-five voting members. Not more than fifty percent of the commission membership plus one shall be from the same political party. To the maximum extent practicable, it shall be balanced according to race, ethnicity, age, disability, and gender characteristics.
(2)(a) Subject to confirmation by the Senate, the members serving on June 27, 1995, on the Volunteer Louisiana Commission created by Executive Order EWE 93-48 shall complete the terms designated thereunder.
(b) Successor members of the commission shall be appointed by the governor, in collaboration with the lieutenant governor, on a bipartisan basis for three-year terms, subject to confirmation by the Senate.
(c) Members may serve no more than two consecutive terms.
(3) The commission shall include:
(a) An individual with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth.
(b) An individual with expertise in promoting the involvement of older adults in service and volunteerism.
(c) A representative of community-based agencies or of community-based organizations within this state.
(d) The superintendent of the Louisiana Department of Education, or his designee.
(e) A representative of local governments in this state.
(f) A representative of local labor organizations in this state.
(g) A representative of business.
(h) An individual between the ages of sixteen and twenty-five who is a participant or supervisor in a service program.
(i) A representative of a national service program.
(j) A representative of the Corporation for National and Community Service as an ex officio nonvoting member.
(k) The lieutenant governor as an ex officio nonvoting member. The lieutenant governor may designate a person to serve as a member of the commission in his absence. Such designee shall be submitted to the Senate for confirmation.
(l) The governor as an ex officio nonvoting member.
(4) The commission may include the following:
(a) Members selected from among local educators.
(b) Members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons.
(c) Representatives of Native American tribes.
(d) Members selected from among out-of-school youth or other at-risk youth.
(e) Representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973.
(f) As ex officio nonvoting members, representatives selected from among officers and employees of state agencies operating community service, youth service, education, social service, senior service, and job training programs.
C. Not more than twenty-five percent of the commission members may be employees of state government, though additional state agency representatives may sit on the commission as nonvoting, ex officio members pursuant to Subparagraph (B)(4)(f) of this Section.
D. A vacancy among the members shall be filled by the governor, in collaboration with the lieutenant governor, to serve the remainder of the term, subject to confirmation by the Senate.
E. The officers of the commission shall be chair, vice chair, secretary, and treasurer. All officers shall be elected by the voting members of the commission from among the voting membership. Officers shall serve for a term of one year. Any vacancy in an office shall be filled with an election by the voting members of the commission for the remainder of the unexpired term.
F.(1) The chair of the commission shall:
(a) Preside at commission meetings.
(b) Appoint committee chairs.
(c) Assist chairs in the planning of committee activities.
(d) Supervise chairs as to the management of committee plans.
(e) Authorize and execute the wishes of the commission.
(f) Call special meetings of the commission.
(g) Be an ex officio member of each committee.
(2) The vice chair shall:
(a) Assist the chair.
(b) In the absence of the chair, perform the duties of the chair.
(c) Accept special assignments from the chair.
(d) Perform other duties as delegated by the commission.
(3) The secretary shall:
(a) Be responsible for the minutes of the meetings of the commission and the executive committee.
(b) Keep an updated list of names, addresses, and telephone numbers of all commission and standing committee members.
(c) Keep a record of attendance at meetings.
(4) The treasurer shall:
(a) Oversee the preparation of funding applications.
(b) Report on the finances to the commission at each meeting.
G. No per diem allowance shall be paid to members of the commission.
H. Commission members and staff may receive necessary travel and subsistence expenses as permitted state employees.
Acts 1995, No. 742, §2, eff. June 27, 1995; Acts 2012, No. 553, §3; Acts 2020, No. 257, §3.
A. The commission may establish and provide for committees to advise and assist the commission in carrying out its duties and responsibilities.
B. Committee chairs shall be appointed by the commission chair from among commission voting members.
C. The commission chair, in consultation with the respective committee chairs, shall name the committee members. Committee membership may include persons other than commission members.
Acts 1995, No. 742, §2, eff. June 27, 1995.
A. The commission shall meet quarterly, but may meet as often as necessary, to conduct business as a commission.
B.(1) Failure to attend at least seventy-five percent of called meetings in any calendar year is cause for removal from the commission.
(2) Members of the commission missing seventy-five percent of called meetings in any calendar year may be removed from the commission by a majority vote of the voting members of the commission.
(3) Removal of a member constitutes a vacancy.
C. A majority of the voting members shall constitute a quorum.
Acts 1995, No. 742, §2, eff. June 27, 1995.
A. The commission shall:
(1) Administer the state's grant program in support of national service programs including selection, oversight, and evaluation of grant recipients.
(2) Ensure that its funding decisions meet all federal and state statutory requirements.
(3) Recommend innovative, creative, statewide service programs to increase civic participation and unite all citizens of this state in a common purpose; and stimulate increased community awareness of the beneficial impact of service programs in this state.
(4) Provide a statewide volunteer recognition program to provide public recognition and support of broad service efforts and successful or promising private sector initiatives and public/private partnerships which address community needs.
(5) Develop and implement a centralized organized system of obtaining information and technical support concerning community service, recruitment, service projects, training methods, materials, and activities throughout this state and share information and support upon request.
(6) Promote strong interagency collaboration, utilizing local, state, and federal resources to reinforce, expand, and initiate quality service programs as an avenue for maximizing resources and provide that model on the state level.
(7) Serve as the state's liaison and voice to appropriate national and state organizations which support its mission.
(8) Prepare a national three-year service plan for this state which follows state and federal guidelines.
(9) Assist in the preparation of the Louisiana Serve America grant applications to the Corporation for National and Community Service on behalf of the state.
(10) Assist in the preparation of the Louisiana Serve America grant application of the Louisiana Department of Education.
(11) Prepare the state's application for approval of service positions such as the National Service Educational Award.
(12) Make technical assistance available to enable applicants for assistance to plan and implement service programs and to apply for assistance under the federal service laws such as the National and Community Service Trust Act of 1993.
(13) Assist in the provision of health care and child care benefits to participants in national service programs that receive assistance.
(14) Coordinate its functions, including recruitment, public awareness, and training activities, with any division of the federal Corporation State Office or the Corporation for National and Community Service.
(15) Provide the governor, lieutenant governor, and the legislature with an annual report which describes its activities during the previous year. These reports shall be due by December thirty-first for the previous program year.
(16) Repealed by Acts 2003, No. 219, §2.
B. The commission may adopt rules and regulations to provide for its operation and to implement this Chapter in accordance with the Administrative Procedure Act subject to the oversight of the Senate Finance Committee and the House Appropriations Committee.
Acts 1995, No. 742, §2, eff. June 27, 1995; Acts 2003, No. 219, §§1 and 2.
The commission may employ an executive director, an administrative assistant, and other staff, consultants, attorneys, and other such persons the commission may deem necessary in carrying out its mandate. The executive director and the administrative assistant shall be in the unclassified civil service.
Acts 1995, No. 742, §2, eff. June 27, 1995.
The commission may enter into contractual agreements with not-for-profit and governmental organizations for any non-policy making functions it deems necessary. Such functions may include but are not limited to the operation of national service programs, organizing service conferences, providing professional training services, program oversight and financial management, grant writing, grant reporting, program analysis, public policy analysis, and all other non-policy commission duties mandated by the National and Community Service Trust Act of 1993.
Acts 1995, No. 742, §2, eff. June 27, 1995.
All state departments and agencies shall cooperate with the commission in the performance of its responsibilities. The commission may request, and state agencies and departments shall provide, such policy and technical information as is required by the commission in the discharge of its responsibilities.
Acts 1995, No. 742, §2, eff. June 27, 1995.
The commission may accept funds and in-kind services from private sources at national, state, or local levels. The commission may receive federal funds as may be available. No state general fund monies or other funds appropriated to the commission shall be used to displace, replace, or supplant any federal funds appropriated to the commission in any prior fiscal year. Nothing in this Section shall preclude the commission from receiving or accepting any in-kind services from a state agency.
Acts 1995, No. 742, §2, eff. June 27, 1995; Acts 2003, No. 219, §1.
The commission shall be subject to and its activities covered by Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, the Public Bid Law; Chapter 17 of Title 39, the Louisiana Procurement Code; Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950, the Public Records Law; the Administrative Procedure Act; the Code of Governmental Ethics; and R.S. 42:11 et seq., the Open Meetings Law and shall be audited pursuant to R.S. 24:513.
Acts 1995, No. 742, §2, eff. June 27, 1995.
Repealed by Acts 2012, No. 553, §4.
The Volunteer Louisiana Commission and all statutory authority for the Volunteer Louisiana Commission shall terminate upon the failure of the legislature to appropriate federal funds for the commission.
Acts 1995, No. 742, §2, eff. June 27, 1995; Acts 2012, No. 553, §3.
The office of the secretary of the Department of Culture, Recreation and Tourism shall be responsible for implementing the provisions of this Chapter relative to litter abatement, reduction, and control.
Acts 2022, No. 16, §2.
As used in this Chapter, the following words have the meanings ascribed to them unless the context requires otherwise:
(1) "Department" means the state Department of Culture, Recreation and Tourism.
(2) "Dispose" means to throw, discard, place, deposit, discharge, burn, dump, drop, eject, or allow the escape of a substance.
(3) "Litter" means all waste material except as provided and defined in R.S. 30:2173, including but not limited to disposable packages, containers, sand, gravel, rubbish, cans, bottles, refuse, garbage, trash, cigarettes, cigarette butts, cigars, cigarillos, cigar or cigarillo tips, debris, dead animals, furniture or appliances, automotive parts including but not limited to tires and engines, trailers, boats and boating accessories, tools and equipment, and building materials, roofing nails, or other discarded materials of any kind and description. While being used for or distributed in accordance with their intended uses, litter shall not include political pamphlets, handbills, religious tracts and newspapers, and other similar printed materials, the unsolicited distribution of which is protected by the Constitution of the United States or the Constitution of Louisiana. Litter shall not include agricultural products that are being transported from the harvest or collection site to a processing or market site if reasonable measures are taken to prevent the agricultural product from leaving the transporting vehicle. Litter shall also not include recyclable cardboard being transported in compressed bundles to processing facilities. "Agricultural product" as used in this definition means all crops, livestock, poultry, and forestry, and all aquacultural, floricultural, horticultural, silvicultural, and viticultural products.
(4) "Local government" means the governing authority of a parish or the governing authority of the municipality.
(5) "Public or private property" means the right-of-way of any road or highway, levee, body of water or watercourse, or the shores or beaches thereof, any park, playground, building, refuge, or conservation or recreation area, and residential or farm properties, timberlands, or forests.
(6) "Secretary" means the office of the secretary of the Department of Culture, Recreation and Tourism.
Acts 2022, No. 16, §2.
The secretary may implement litter control awareness measures, including but not limited to the following:
(1) Develop and implement litter prevention, publicity, educational, and motivational campaigns and programs.
(2) Serve as the coordinating agency between various government and private organizations seeking to aid in litter control and reduction and recycling efforts.
(3) Assist local governments in the adoption and revision of ordinances aimed at litter control and reduction.
(4) Encourage, organize, and coordinate voluntary campaigns seeking to focus the attention of the public on programs to control and reduce litter and increase public awareness.
(5) Provide encouragement of and increased funds for litter cleanup and collection, litter prevention, and cleanup equipment.
(6) Promote litter abatement and control and encourage recycling.
(7) Promote public awareness and education.
(8) Assist local governments, industries, and other organizations which aid in anti-litter efforts.
(9) Assist local governments in the coordination of local anti-litter efforts.
(10) Encourage, organize, and coordinate voluntary local anti-litter campaigns seeking to focus the attention and participation of the public on the laws of this state enacted to control and remove litter and to provide for the recycling of trash materials.
(11) Investigate the availability of and apply for funds from any private or public source to be used for the purposes of this Chapter.
(12) Exchange litter enforcement information with judges, district and municipal attorneys, Louisiana state police, and local law enforcement officers on enforcement mechanics.
(13) Award grants and provide financial assistance on a local level in accordance with rules adopted pursuant to this Chapter in order to achieve the purposes of this Chapter and award certificates of achievement for litter abatement.
(14) Investigate methods, and monitor effectiveness of this Chapter and of techniques in the control of litter and develop, encourage, and coordinate litter control within the state.
(15) Provide an annual report to the House Committee on Natural Resources and Environment and the Senate Committee on Environmental Quality giving details regarding the department's efforts to implement the provisions of this Chapter.
(16) Approve and disburse financial assistance to any local government or nonprofit organization which, in written application, seeks such assistance to implement a local litter prevention or abatement program.
(17) Support the Keep Louisiana Beautiful Program and network of affiliates in the activation of civilian volunteers and development of organized litter prevention programs.
Acts 2022, No. 16, §2.
A. The secretary is hereby authorized to accept, administer, and make use of federal, state, local, and private appropriations, public and private grants, and donations, and when it is deemed appropriate and feasible, to accept nonmonetary funding in the form of services or equipment for use in connection with any of the programs or purposes of this Chapter.
B.(1) The Louisiana Litter Abatement Grant Program is hereby created within the office of the secretary for the purpose of supporting community-based litter abatement programs.
(2) Grants through the program shall be made available to local governments and nonprofit organizations. Funding through the grant program shall be subject to the availability of funds and shall be awarded on a competitive basis to be determined by the secretary.
(3) The monies awarded through the grants shall be used to further the administration and execution of the Keep Louisiana Beautiful Program. Allowable uses of grant funding shall include but not be limited to the following:
(a) Keep America Beautiful fees.
(b) Keep Louisiana Beautiful precertification training, education curriculums, and workshops.
(c) Law enforcement seminars.
(d) Litter surveys.
(e) Projects, services, activities, and operational costs of litter abatement programs.
(f) Materials and services for program development and training.
(g) Direct expenditures for materials that can facilitate litter reduction, recycling, waste reduction, reuse, and general solid waste management programs.
(h) Minimal advertising, public relations, and promotional materials necessary for publicity and promotion of program activities.
(i) Salary of the program coordinator and staff.
(4) Each successful applicant shall supplement grant funds with a fifteen percent match from other sources. All matching funds must be available to the program after the date of the grant award, and funds spent prior to the grant award shall not be considered in fulfillment of the match requirement.
Acts 2022, No. 16, §2.
The duty to remove litter from receptacles placed at publicly owned parks, beaches, campgrounds, trailer parks, roadside parks, and other property shall remain with those state and local agencies performing litter removal within their respective jurisdictions. The duty to remove litter from litter receptacles placed on private property which is used by the public shall remain with the owner.
Acts 2022, No. 16, §2.
In order to aid in the statewide anti-litter campaign authorized by this Chapter, the secretary may solicit the assistance and active cooperation of industry and private civic organizations which are active in anti-litter efforts so that additional effect may be given to the campaign to eradicate litter within the state.
Acts 2022, No. 16, §2.
In order to fulfill the obligations and responsibilities under this Chapter, the secretary may develop a program to be known as "adopt-a-beach", whereby an industry or a private civic organization may adopt one mile of Louisiana beach for the sole purpose of controlling litter along that section of beach. Included in the responsibilities of any industry or private civic organization which chooses to participate in the program shall be the following:
(1) Development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of beach.
(2) A general cleanup of the area at least twice per year.
(3) Assistance to the secretary in securing media coverage for the program.
Acts 2022, No. 16, §2.
In order to fulfill the obligations and responsibilities under this Chapter, the secretary may coordinate a community improvement program whereby an annual cleanup may be conducted during the spring encouraging local groups to clean streets, alleys, public areas, adopted roads and beaches, and state and parish highways in surrounding areas. Beautification programs may be conducted along with the cleanup programs at schools, public buildings and grounds, median areas, entrances to subdivisions, commercial areas, and other similar areas. Graffiti removal and excess signage removal programs may be held simultaneously.
Acts 2022, No. 16, §2.
In order to fulfill the obligations and responsibilities under this Chapter, the secretary may propose and encourage beach sweep programs whereby coordinated cleanups may be conducted on the state's beaches. The beach sweep program may consist of removing debris and trash while conducting data collection on marine debris.
Acts 2022, No. 16, §2.
In order to fulfill the obligations and responsibilities under this Chapter, the secretary may promote and encourage inland water cleanups whereby a waterway cleanup may be conducted annually by local groups to clean rivers, bayous, lakes, streams, and other waterways encouraging beautification through removal of litter and debris.
Acts 2022, No. 16, §2.
In order to fulfill the obligations and responsibilities under this Chapter, the secretary may promote and encourage a program known as "boaters' and fishermen's pledge" whereby the program may be conducted asking sportsmen to sign a commitment to bring trash and debris generated in their vehicle or boat back home or to proper disposal receptacles.
Acts 2022, No. 16, §2.
A. In order to fulfill the obligations and responsibilities under this Chapter, the secretary may promote and encourage a program to be known as "adopt-a-byway", whereby an organization which owns, uses, or leases property adjacent to a parish maintained road may adopt a section of such road for the sole purpose of controlling litter along that section. Included in the responsibilities of any organization which chooses to participate in the program may be the following:
(1) Development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of the road.
(2) A general cleanup of the area at least twice per year.
(3) Assistance to the secretary in securing media coverage for the program.
B. Any parish or municipality which develops an "adopt-a-byway" program shall coordinate the adoption of rules governing the program with the secretary.
C. Any parish or municipality which develops an "adopt-a-byway" program may use funds received from the collection of fines provided for under the provisions of R.S. 30:2532(A) to place a sign upon a portion of a road identifying the organization which has adopted such portion of the road.
D. The Department of Transportation and Development may promulgate rules and regulations to implement the provisions of this Section regarding the placement, construction, and maintenance of the signs.
Acts 2022, No. 16, §2.
A. In order to fulfill the obligations and responsibilities under this Chapter, the secretary may promote and encourage a program to be known as "adopt-a-waterbody", whereby a business or a private civic organization may adopt a portion of a public bayou, stream, creek, river, or lake for the sole purpose of controlling litter. Included in the responsibilities of any business or private civic organization which chooses to participate in the program may be the following:
(1) Development of a functional plan to influence and encourage the public to improve the appearance of the adopted portion of a public waterbody.
(2) A general cleanup of the area at least twice per year.
(3) Assistance to the secretary in securing media coverage for the program.
B. Any organization which adopts a portion of a public bayou, stream, creek, river, or lake may place a sign identifying the organization on an interstate highway or state highway within two hundred feet of the adopted waterbody upon approval of the Department of Transportation and Development. Such a sign may also be placed on the bank of the adopted water body with the approval of the riparian landowner.
Acts 2022, No. 16, §2.
A. The legislature recognizes that many black men and boys in the state of Louisiana face many difficulties in their journey to become successful citizens in this state.
B. Many black citizens in Louisiana face economic, educational, and social barriers which prevent them from achieving success.
C. It is critical for the future of Louisiana that the state take measures to constantly strive to alleviate and correct the underlying conditions that affect black men and boys throughout the state of Louisiana.
D. The state should make every effort to create an environment that promotes the values of learning, family, prosperity, unity, and self-worth among black men and boys.
E. With the goal of helping black men and boys to reach their full potential, the Louisiana Legislature hereby enacts the Louisiana Council on the Success of Black Men and Boys to be the leading entity that provides and promotes an environment that is conducive to productivity, success, and excellence for all black men and boys in the state of Louisiana.
Acts 2008, No. 733, §2; Acts 2018, No. 103, §2.
A. The Louisiana Council on the Success of Black Men and Boys, hereinafter referred to in this Chapter as the "council", is hereby established in the executive branch of state government in the office of the governor. The council is hereby declared to be a body corporate and public, exercising public and essential governmental functions. The domicile of the council shall be in the city of Baton Rouge.
B. The council shall be comprised of twenty-one members as provided in this Subsection and Subsection C of this Section:
(1) Two members of the Senate appointed by the president of the Senate.
(2) Two members of the House of Representatives appointed by the speaker of the House of Representatives.
(3) Two members of religious communities appointed by the governor.
(4) The assistant secretary of the office of behavioral health within the Louisiana Department of Health or his designee.
(5) A representative of the Louisiana Department of Children and Family Services who has expertise in the needs of children appointed by the secretary of the department.
(6) The state superintendent of education or his designee who has expertise in early childhood education.
(7) A representative of the Louisiana Department of Public Safety and Corrections who has expertise in reentry or recidivism appointed by the secretary of the department.
(8) The governor or his designee.
(9) The secretary of Louisiana Works or his designee.
(10) The deputy secretary for the office of juvenile justice or his designee.
(11) Three representatives from community organizations or foundations appointed by the governor.
C. The governor shall appoint five members as provided for in this Subsection. The presidents of Southern University and Agricultural and Mechanical College, Grambling State University, Dillard University, Xavier University, and Louisiana State University and Agricultural and Mechanical College shall each submit to the governor a list of three nominees. The governor shall appoint one member from the list of nominees submitted by the president of each academic institution.
D. Twelve members shall constitute a quorum, and all actions of the council shall require the affirmative vote of at least ten members.
E. The governor shall appoint the chairman of the council, and the council shall annually elect a vice chairman from among its members.
F. The council shall meet at least quarterly and may meet upon the call of the chairman or any three members.
G. All meetings of the council shall be open and subject to the provisions of R.S. 42:11 et seq.
H. Records of the council shall be public records and subject to the provisions of R.S. 44:1 et seq.
I. A vacancy on the council shall be filled in the same manner as the original appointment.
J. Appointed members of the council shall serve four-year terms.
K. The governor shall provide staff and administrative support to the council.
Acts 2008, No. 733, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2018, No. 103, §2.
A. The council shall:
(1) Make a systematic study of the conditions affecting black men and boys, including but not limited to homicide rates, arrest and incarceration rates, poverty, violence, drug abuse, death rates, disparate annual income levels, school performance in all grade levels, including postsecondary levels, and health issues.
(2) The council shall propose recommendations regarding measures to alleviate and correct the underlying causes of the conditions described in Paragraph (1) of this Subsection.
(3) The council may study other topics suggested by the legislature or as directed by the chairman of the council.
(4) The council shall solicit input, suggestions, or comments pertinent to the applicable issues from members of the legislature, governmental agencies, persons with expertise in early childhood education and development, persons with expertise in elementary and secondary education, persons representing religious communities, and other public and private organizations, and private citizens.
B. The council shall issue its first annual report by February 1, 2019, and by January fifteenth each following year, stating the findings, conclusions, and recommendations of the council. The council shall submit the report to the governor, lieutenant governor, the president of the Senate, the speaker of the House of Representatives, and the chairmen of the committees with appropriate jurisdiction in the House and Senate.
Acts 2008, No. 733, §2; Acts 2018, No. 103, §2.
A. The legislature recognizes that there has been a dramatic increase over the past five years in the number of first and second generation Latin Americans who have made a home in Louisiana; this change is reflected in the forty-five percent increase in the Hispanic population of Louisiana between 2000 and 2007 according to the Pew Hispanic Center's tabulations of United States census data.
B. The legislature further recognizes that residents who have recently arrived from Central and South America were and continue to be instrumental in the state's efforts to rebuild infrastructure and communities that were decimated by Hurricane Katrina and the other catastrophic hurricanes that have hit Louisiana.
C. The legislature further recognizes that there are particular challenges associated with delivering government services to these recent arrivals; challenges that stem from a lack of awareness of the availability of services, language barriers, and other real world complexities.
D. The legislature further recognizes that this nation and its individual states have been overcoming such challenges throughout our history; we have always been a nation comprised of people of many cultures.
E. The legislature concludes from these findings that, at this point in history, the state has an obligation to make a concerted effort to reach out to these newly arrived residents of our state, many of whom have been so crucial to our survival of recent tragedies, to make sure they have access to all of the guidance and assistance the legislature intends to be made available to all residents of the state.
Acts 2009, No. 141, §1, eff. June 25, 2009; Acts 2010, No. 599, §1.
A. The Latino Commission, hereafter referred to in this Chapter as the "commission", is hereby established in the executive branch of state government in the office of the governor. The commission is hereby declared to be a body corporate and public, exercising public and essential governmental functions. The domicile of the commission shall be in the city of New Orleans.
B. The commission shall be comprised of members as provided in this Subsection:
(1) The president of the Senate shall appoint two members.
(2) The speaker of the House of Representatives shall appoint two members.
(3) The governor shall appoint one member.
(4) The Louisiana Municipal Association shall appoint one member.
(5) The Police Jury Association of Louisiana shall appoint one member.
(6) Each of the following or his designee shall be a member:
(a) The secretary of Louisiana Works.
(b) The secretary of the Department of Children and Family Services.
(c) The secretary of the Louisiana Department of Heath.
(7) Puentes New Orleans shall appoint one member.
(8) The following shall each appoint one member:
(a) Catholic Charities of New Orleans.
(b) The Hispanic Chamber of Commerce of Louisiana.
(c) The Labor Council for Latin American Advancement.
(d) The Latin American Medical Association.
(e) Casa Argentina of New Orleans.
(f) The publisher of "El Tiempo New Orleans".
(g) The general manager of KGLA TV.
(h) The Loyola School of Law Workplace Justice Project.
(i) The Hispanic Apostolate of Shreveport.
(j) The Hispanic Lawyers Association.
(k) WFNO La Fabulosa 830-AM Radio.
(l) The Latin American Civic Association of Louisiana.
(m) The Hispanic Lawyers Association of Louisiana, Inc.
(n) The Spanish American Business Association.
(o) Asociacion Nicaraguense de Luisiana.
(p) Unidad Hispanoamericana.
(q) The Louisiana Housing Corporation.
(r) The Louisiana AFL-CIO.
C. Members of the commission shall be residents of this state. Each member shall be a member of a registered business organization in this state and actively engaging in business in this state as of the date of appointment.
D. A majority of the members shall constitute a quorum.
E. The commission shall annually elect a chairman and a vice chairman and other officers as it deems appropriate from among its members. The commission may appoint subcommittees in accordance with its bylaws.
F. The commission shall hold regular meetings at least quarterly and shall hold special meetings upon the call of the chairman or any three members.
G. Appointed members shall serve at the pleasure of the appointing authority.
H. The governor shall provide staff and administrative support to the commission.
Acts 2009, No. 141, §1, eff. June 25, 2009; Acts 2010, No. 599, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2011, No. 408, §5(B), eff. July 5, 2011.
A. The commission shall identify obstacles to the effective delivery of governmental services by all service providers at all levels of government to Latino Americans, and the commission shall propose methods for removing those obstacles from such delivery of services and submit its proposals to the appropriate governmental entity or entities. To this end the commission shall:
(1) Conduct public hearings at which it takes testimony from service providers, citizens, and advocates who can speak to the needs of the Latino American community. Such public hearings shall be held at various locations around the state so as to facilitate the broadest possible participation by recipients and potential recipients of governmental services.
(2) Request of and receive from staff assigned to it research of available data and information pertinent to the delivery of governmental services to Latino Americans, which research may include investigation of efforts in other states to deliver services to foreign born populations.
(3) Formally adopt specific recommendations for changes in the allocation of funds and spending, statutory law, administrative rules, and agency policy, procedure, and practice and submit such specific recommendations to the appropriate governmental entity or entities. If the recommendation is made to any entity other than the legislature, a copy thereof shall also be submitted to the presiding officers of the legislature each of whom shall forward the copy to the standing committee or committees of his respective house which have jurisdiction over the issue or entity.
B. The commission may solicit, accept, and expend funds for the purposes provided in this Section.
C. The commission may support the state's celebration of its bicentennial of statehood by holding or participating in programs and events through which it can increase public awareness of the significance of Latino American heritage, culture, and contributions throughout the state's history.
Acts 2009, No. 141, §1, eff. June 25, 2009; Acts 2010, No. 599, §1.
A. The commissioner of administration shall establish and maintain a website to post the information designated in R.S. 49:1302.
B.(1) If the commissioner of administration determines that a board, commission, or like entity covered by this Chapter has failed to submit the information required pursuant to R.S. 49:1304 in the manner required by this Chapter, the commissioner shall send the board, commission, or like entity a notice of noncompliance by certified mail, return receipt requested.
(2)(a)(i) If the board, commission, or like entity fails to submit the information required pursuant to R.S. 49:1304 in the manner required by this Chapter within the response period, the commissioner shall send notice detailing the failure to comply to the board, commission, or like entity and to the chief administrative officer of the department of which the board, commission, or like entity is a part, if applicable.
(ii) The commissioner shall also send notice detailing the failure to comply to the Senate Committee on Senate and Governmental Affairs, the House Committee on House and Governmental Affairs, and the oversight committees for the board, commission, or like entity.
(b)(i) Each oversight committee that receives a notice pursuant to Item (a)(ii) of this Paragraph shall within sixty days of receiving the notice evaluate the board, commission, or like entity and determine whether the board, commission, or like entity should be continued, modified, or terminated. The committee may direct the board, commission, or like entity to begin to terminate its operations and to prepare for the orderly transfer or termination of its powers, duties, responsibilities, and functions, as appropriate.
(ii) No later than thirty days prior to the beginning of a regular session, each oversight committee that received a notice pursuant to Item (a)(ii) of this Paragraph during the year prior to the year in which the session is to be held shall submit a report to the legislature and the governor. The report shall contain a summary of all action taken by the committee with respect to each such notice. The report shall also contain the committee's determination as to whether each board, commission, or like entity that was the subject of such a notice should be continued, modified, or terminated and any legislation concerning the board, commission, or like entity that the committee will propose to the legislature.
(c)(i) For purposes of this Paragraph, "response period" means the period of time beginning with the day the notice of noncompliance sent pursuant to Paragraph (1) of this Subsection is received by the board, commission, or like entity and ending ninety days later.
(ii) For purposes of this Paragraph, "oversight committees" means the standing committees of the two houses of the legislature which have usual jurisdiction over the affairs of the board, commission, or like entity.
C. The provisions of Subsection B of this Section shall not apply to any board which is responsible for the administration of any statewide retirement fund held in trust for the benefit of its participants and which retirement fund is not the direct financial responsibility of the state.
NOTE: §1301 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.
§1301. Redesignated as R.S. 43:81.1 by Acts 2025, No. 374, §4(A).
Acts 2009, No. 12, §1, eff. March 1, 2010; Acts 2013, No. 184, §16; Acts 2025, No. 374, §4(A), eff. July 1, 2027.
NOTE: See Acts 2009, No. 12, §2.
The website established pursuant to R.S. 49:1301 shall contain the following information for boards, commissions, and like entities covered by this Chapter:
A. Each notice of a meeting required to be given pursuant to R.S. 42:19, including all of the information required pursuant to R.S. 42:19 to be included in the notice.
B. Minutes of meetings required to be made available to the public pursuant to R.S. 42:20, including any attachments.
C. Statutory citations to provisions specifically creating the board, commission, or like entity; providing for its membership; and providing for its powers and authority.
D. Contact information, including the name of one or more contacts at the board, commission, or like entity; a mailing address; an e-mail address, if applicable; a website address, if applicable; and a phone number.
E.(1) Membership information, including the number, names, compensation, terms, length of service, and method of selection of members.
(2) The information required by this Subsection shall include per diem and reimbursement for travel expenses, including the amount of such expenses paid per meeting and an aggregate amount of such expenses paid per fiscal year.
F. Employee information, including the number, job description or title, and salaries of employees.
G. Financial and budget information, including a detailed description of revenues and expenditures for the current fiscal year and the previous two fiscal years.
H. The rules, regulations, and procedures of the board, commission, or like entity.
NOTE: §1302 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.
§1302. Redesignated as R.S. 43:82 by Acts 2025, No. 374, §4(A).
Acts 2009, No. 12, §1, eff. March 1, 2010; Acts 2010, No. 814, §2, eff. May 1, 2011; Acts 2025, No. 374, §4(A), eff. July 1, 2027.
NOTE: See Acts 2009, No. 12, §2.
A. Each board, commission, or like entity covered by this Chapter shall submit each notice required to be included on the website pursuant to R.S. 49:1302(A) to the commissioner of administration in a manner which allows the commissioner enough time to post the notice on the website prior to the deadline applicable to the board, commission, or like entity for giving notice pursuant to R.S. 42:19.
B. Each board, commission, or like entity covered by this Chapter shall submit minutes required to be included on the website pursuant to R.S. 49:1302(B) to the commissioner of administration within ten days after the minutes are adopted by the board, commission, or like entity.
C. All submissions of information required by this Section shall be made in an electronic format designated by the commissioner of administration.
NOTE: §1303 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.
§1303. Redesignated as R.S. 43:83 by Acts 2025, No. 374, §4(A).
Acts 2009, No. 12, §1, eff. March 1, 2010; Acts 2025, No. 374, §4(A), eff. July 1, 2027.
NOTE: See Acts 2009, No. 12, §2.
A. Each board, commission, or like entity covered by this Chapter shall fully cooperate with the commissioner of administration in implementing and complying with the requirements of this Chapter.
B.(1) Except as provided in R.S. 49:1303, each board, commission, or like entity covered by this Chapter shall submit to the commissioner of administration all information required to be included on the website pursuant to R.S. 49:1302 by February first of each year. Except as provided in R.S. 49:1302(E)(2) and (G), the information shall be complete for the previous calendar year.
(2) The information required to be submitted pursuant to this Section shall be submitted by an appropriate officer of the board, commission, or like entity. The officer shall certify that the information submitted is true and correct to the best of his knowledge, information, and belief.
C. All submissions of information required by this Section shall be made in an electronic format designated by the commissioner of administration.
NOTE: §1304 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.
§1304. Redesignated as R.S. 43:84 by Acts 2025, No. 374, §4(A).
Acts 2009, No. 12, §1, eff. March 1, 2010; Acts 2013, No. 184, §16; Acts 2014, No. 791, §18; Acts 2025, No. 374, §4(A), eff. July 1, 2027.
NOTE: See Acts 2009, No. 12, §2.
A. This Chapter shall apply to the following boards, commissions, and like entities:
(1) Any board, commission, or like entity that is a licensing agency pursuant to the Louisiana Licensing Agency Budget Act (R.S. 39:1331 et seq.).
(2) The Louisiana Board of Cosmetology (R.S. 37:571).
(3) Each board and commission whose members are required to file annual financial disclosure statements pursuant to R.S. 42:1124.2.1.
B. This Chapter shall also apply to any committee, subcommittee, or panel of any board, commission, or like entity specified in Subsection A of this Section.
NOTE: §1305 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.
§1305. Redesignated as R.S. 43:85 by Acts 2025, No. 374, §4(A).
Acts 2009, No. 12, §1, eff. March 1, 2010; Acts 2010, No. 814, §2, eff. May 1, 2011; Acts 2025, No. 374, §4(A), eff. July 1, 2027.
NOTE: See Acts 2009, No. 12, §2.
A. Each public body as defined in R.S. 42:13 not included in R.S. 49:1305 but which is required to give notice of its meetings in the manner required by R.S. 42:19(A) is subject to the provisions of this Section but not to other provisions of this Chapter.
B. Each public body subject to this Section shall submit each notice of a meeting to the commissioner of administration in a manner which allows the commissioner enough time to post the notice on the website established pursuant to R.S. 49:1301 prior to the deadline applicable to the public body for giving notice pursuant to R.S. 42:19(A).
C. All submissions of notice required by this Section shall be made in an electronic format designated by the commissioner of administration.
D. The commissioner of administration shall include each notice received pursuant to this Section on the website established pursuant to R.S. 49:1301 in an easily searchable format and shall provide for the capability for members of the public to request and receive electronic notifications of meetings.
E. The commissioner of administration shall establish a timeline and plan for the implementation of the technological functions of the website established pursuant to R.S. 49:1301 required by Subsection D of this Section.
NOTE: §1305.1 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.
§1305.1. Redesignated as R.S. 43:86 by Acts 2025, No. 374, §4(A).
Acts 2024, No. 617, §2; Acts 2025, No. 374, §4(A), eff. July 1, 2027.
The commissioner of administration may adopt rules and regulations in the manner provided by the Administrative Procedure Act to implement the provisions of this Chapter.
NOTE: §1306 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.
§1306. Redesignated as R.S. 43:87 by Acts 2025, No. 374, §4(A).
Acts 2009, No. 12, §1, eff. March 1, 2010; Acts 2025, No. 374, §4(A), eff. July 1, 2027.
The legislative auditor shall work with the commissioner of administration to ensure that each board, commission, or like entity covered by this Chapter complies with the provisions of this Chapter.
NOTE: §1307 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.
§1307. Redesignated as R.S. 43:88 by Acts 2025, No. 374, §4(A).
Acts 2010, No. 814, §2, eff. May 1, 2011; Acts 2025, No. 374, §4(A), eff. July 1, 2027.
A.(1) Each state entity subject to the provisions of this Chapter that issues a permit or license shall prominently include on its internet website the information required by Subsection B of this Section.
(2) If a state entity does not have an internet website, the department of which the state entity is a part shall include the information required by Subsection B of this Section for the state entity on the website of the department.
B. All of the following information shall be included on the website:
(1) A brief description of each permit or license that the state entity issues. For each such permit or license, links to the following shall be included:
(a) The full text of the current application.
(b) A checklist of all information required to be submitted to complete the application process.
(c) The name and contact information of the person within the state entity responsible for responding to inquiries about the status of an application.
(d) The anticipated timeline for review of a completed application.
(2) A copy of the annual report submitted to the legislative oversight committees or subcommittees by the state entity pursuant to Subsection C of this Section.
C. Each state entity shall annually submit to its legislative oversight committee or subcommittee a report containing the number of permit or license applications received, the number of permits or licenses issued, and timelines for approval of an application.
D. For the purposes of this Section, "state entity" means any department, office, division, commission, council, board, bureau, or other regulatory agency of state government.
NOTE: §1308 as redesignated by Acts 2025, No. 374, eff. July 1, 2027.
§1308. Redesignated as R.S. 43:89 by Acts 2025, No. 374, §4(A).
Acts 2022, No. 590, §1; Acts 2025, No. 374, §4(A), eff. July 1, 2027.
This Chapter shall be known and may be cited as the "Public Benefit Integrity Law".
Acts 2022, No. 542, §1, eff. June 17, 2022.
As used in this Chapter, the following terms have the meanings ascribed to them in this Section unless otherwise clearly indicated by context:
(1) "Agency" means any of the following state departments:
NOTE: Subparagraph (1)(a) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(a) Department of Children and Family Services.
NOTE: Subparagraph (1)(a) as repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
(a) Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
(b) Department of Education.
(c) Louisiana Department of Health.
(d) Louisiana Works.
(2) "Procedural reason" means a reason for an action on a program case related to an agency's nonreceipt of materials or information necessary for determining benefit eligibility.
(3) "Program" means any of the following:
(a) Medicaid.
(b) Temporary Assistance for Needy Families (TANF).
(c) Family Independence Temporary Assistance (FITAP).
(d) Supplemental Nutrition Assistance Program (SNAP).
(e) Supplemental Nutrition Assistance Program for Women, Infants, and Children (WIC).
(f) Unemployment Compensation.
(g) Child Care Assistance Program (CCAP).
Acts 2022, No. 542, §1, eff. June 17, 2022; Acts 2025, No. 478, §15, eff. Oct. 1, 2025, Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Beginning in 2023, any agency that administers a program shall, no later than February fifteenth of each year, submit a report to the legislature, providing, at a minimum, the following information:
(1) For the current fiscal year, the total dollar amount and percentage of the agency's budget for the program allocated for program integrity and eliminating fraud, waste, and abuse.
(2) A description of the agency's current policies and practices that reduce fraud, waste, and abuse of program benefits.
(3) For the preceding calendar year, the total number of individuals determined by the agency or legislative auditor to have improperly received benefits through the program and the total dollar amount of benefits improperly received.
(4) The type and amount of improper payments.
(5) The type and amount of any improper payments prevented, if known.
(6) The dollar amount the state saved in preventing improper payments, and if any, in recouping improper payments.
(7) A description of all policies, processes, and procedures in place at the agency to determine eligibility for the program. The description shall include details about what information the agency verifies or cross-checks through databases and data exchanges with other agencies, including national databases, and the frequency of that verification or cross-checking.
(8) A description of all policies, processes, and procedures in place at the agency to identify individuals receiving benefits under the program who are no longer eligible to receive benefits and what steps, if any, are taken, and under what timeline, to remove identified individuals from program participation.
(9) A detailed description of all policies, processes, and procedures in place at the agency to verify federal or state work or work search requirements for benefit eligibility, if applicable.
(10) The frequency with which the agency performs the verification.
(11) A description of any barriers the agency identifies to implementing additional program integrity measures, including privacy or data sharing impediments, administrative burden, and any increase in financial cost.
(12) A description of all metrics and data points used by the agency to measure success of the program, including all metrics and data points related to program integrity and fraud.
(13) For the preceding calendar year, measures of access in the program, including:
(a) For each month, the number of applications received, the percentage of applications denied, and the percentage of applications denied for procedural reasons.
(b) Monthly call center performance metrics for call centers serving clients and applicants, including the average number of calls and the average and maximum call wait times.
(c) The average caseload per caseworker.
(14) A detailed description of the program's administrative appeals process for clients, including but not limited to the number of hearings requested by clients and the number of hearings waived by clients.
Acts 2022, No. 542, §1, eff. June 17, 2022.
This Chapter shall be known and may be cited as the "Blockchain Basics Act".
Acts 2024, No. 700, §1.
As used in this Chapter, the following terms have the following meanings, unless context of use clearly requires otherwise:
(1) "Blockchain" has the meaning ascribed to it in R.S. 6:1382. The term "blockchain" includes both of the following:
(a) Data that is shared across a network to create a ledger of verified transactions or information among network participants linked together using cryptography to maintain the integrity of the ledger and to execute other functions.
(b) Data that is distributed among network participants in an automated fashion to concurrently update network participants on the state of the ledger and any other function.
(2) "Blockchain protocol" means any executable software deployed to a blockchain composed of source code that is publicly available and accessible, including a smart contract or any network of smart contracts.
(3) "Central bank digital currency" means a digital currency, a digital medium of exchange, or a digital monetary unit of account issued by the Board of Governors of the Federal Reserve System or a federal agency which is made directly available to a consumer by such entities or which is processed or validated directly by such entities. The term does not mean a digital asset backed by legal tender or government treasuries and issued by a private entity.
(4) "Digital asset" means virtual currency, cryptocurrencies, natively electronic assets, including stablecoins and nonfungible tokens or NFTs, and other digital-only assets that confer economic, proprietary, or access rights or powers.
(5) "Digital asset mining" means using electricity to power a computer or node for the purpose of securing a blockchain network.
(6) "Digital asset mining business" means a group of computers working that consume more than one megawatt of energy for the purpose of securing a blockchain protocol.
(7) "Governing authority" means any board, commission, department, or other agency of the state or any political subdivision in the state.
(8) "Hardware wallet" means a physical device that is not continuously connected to the internet and allows an individual to secure and transfer digital assets. The term "hardware wallet" also includes a physical device under which the owner of digital assets retains independent control over the digital assets.
(9) "Home digital asset mining" means using digital asset mining in an area zoned for residential use.
(10) "Interest" means an ownership interest of greater than zero percent.
(11)(a) "Node" means a computational device that does any of the following:
(i) Communicates with other devices or participants on a blockchain to maintain consensus and integrity of that blockchain.
(ii) Creates and validates transaction blocks.
(iii) Contains and updates a copy of a blockchain.
(b) A node does not exercise discretion over transactions initiated by the end user of the blockchain protocol.
(12) "Nonfungible token" or "NFT" has the meaning ascribed to it in R.S. 6:1382.
(13) "Prohibited foreign party" means any of the following:
(a) A citizen, resident, or agent of a country subject to the provisions of 22 CFR 126.1 of the International Traffic in Arms Regulations.
(b) A foreign government formed within a country subject to the provisions of 22 CFR 126.1 of the International Traffic in Arms Regulations.
(c) A party other than an individual or government that is created or organized under the laws of a foreign government within a country subject to the provisions of 22 CFR 126.1 of the International Traffic in Arms Regulations.
(d) Any party other than an individual or a government that is created or organized under the laws of any state and in which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by any of the following:
(i) An individual as provided in Subparagraph (a) of this Paragraph.
(ii) A foreign government as provided in Subparagraph (b) of this Paragraph.
(iii) A party as provided in Subparagraph (c) of this Paragraph.
(iv) A combination of any individual, party, or government as provided in this Paragraph.
(e) An Entity of Particular Concern (EPC) designated by the United States Department of State.
(f) An agent, trustee, or other fiduciary of a person or entity as provided in this Paragraph.
(14) "Self-hosted wallet" means a digital interface that is used to do both of the following:
(a) Secure and transfers digital assets.
(b) Retain independent control over the secured digital assets by the owner of the digital asset.
(15) "Staking" means the act of committing digital assets for a period of time to validate and secure a specific blockchain network.
(16) "Staking as a service" means the provision of technical staking services, including the operation of nodes and the associated infrastructure necessary to facilitate participation in blockchain networks' consensus mechanisms.
Acts 2024, No. 700, §1.
A. A governing authority shall not accept or require a payment using central bank digital currency.
B. A governing authority shall not participate in any test of central bank digital currency by the Board of Governors of the Federal Reserve System or any branch or agency of the federal government.
Acts 2024, No. 700, §1.
A governing authority shall not prohibit, restrict, or otherwise impair the ability of an individual or business to do either of the following:
(1) Accept digital assets as a method of payment for legal goods and services.
(2) Self-custody digital assets using a self-hosted wallet or hardware wallet.
Acts 2024, No. 700, §1.
It shall be legal in this state to do both of the following:
(1) Participate in home digital asset mining as long as the person engaging in home digital asset mining complies with all local noise ordinances.
(2) Have a digital asset mining business in any area that is zoned for industrial use, provided that they comply with all current ordinances.
Acts 2024, No. 700, §1.
A. It shall be legal in this state to operate a node for the purpose of connecting to a blockchain protocol, or a protocol built on top of a blockchain protocol, and transferring digital assets on a blockchain protocol or to participate in staking on a blockchain protocol.
B. Nothing in this Chapter restricts or prohibits the attorney general from initiating actions pursuant to the Unfair Trade Practices and Consumer Protection Law, including but not limited to actions brought for fraud, in connection with offering or providing digital asset mining or staking as a service to individuals or other businesses.
C. Nothing in this Chapter shall restrict, impede, limit, exempt, or prohibit any person, entity, transaction, or conduct from the jurisdiction or application of Louisiana Securities Law, R.S. 51:701, et seq., or any other federal or state securities law.
Acts 2024, No. 700, §1.
A.(1) No prohibited foreign party shall acquire or hold by grant, purchase, devise, descent, or otherwise any interest in a digital asset mining business in this state.
(2) No person shall acquire or hold a digital asset mining business as an agent, trustee, or other fiduciary of a prohibited foreign-party-controlled business.
B.(1) A prohibited foreign-party-controlled business in operation before August 1, 2024, shall have three hundred sixty-five calendar days from August 1, 2024, for the prohibited foreign party to divest all interest in the digital asset mining business.
(2) If a prohibited foreign party fails to divest all interest in the digital asset mining business in accordance with Paragraph (1) of this Subsection, the attorney general may commence an action in a court of competent jurisdiction as provided in Subsection D of this Section.
C. Upon request of a person or upon receipt of information that leads the attorney general to believe that a violation of this Section may exist, the attorney general may conduct an investigation that includes any of the following:
(1) Receiving sworn statements.
(2) Issuing subpoenas to compel the testimony of witnesses.
(3) Issuing subpoenas duces tecum for the production of records and other documents.
D.(1) If, as a result of an investigation, the attorney general concludes that a violation of this Section has occurred, the attorney general may order a prohibited foreign party to divest all interest in the digital asset mining business within three hundred sixty-five calendar days of the order.
(2)(a) If the prohibited foreign party fails to divest all interest in the digital asset mining business within three hundred sixty-five calendar days, the attorney general may commence an action in a court of competent jurisdiction over the digital asset mining business.
(b) Prior to bringing an action pursuant to this Section, the attorney general shall provide written notice to the holder of each mortgage, lien, privilege, UCC-9 security interest, or other encumbrance of the subject property which is filed in the public records or is perfected. Such notice shall be provided in the same manner as provided in R.S. 40:2608 or R.S. 14:90.1.
(3)(a) If the court finds that a violation of this Section has occurred, the court shall order the digital asset mining business to be sold at a judicial sale in accordance with the procedural requirements of Code of Civil Procedure Article 2331 et seq.
(b) The proceeds of the sale pursuant to this Paragraph shall be disbursed to the lienholders in order of priority. Prior recorded or perfected encumbrances shall have priority over any subsequently awarded remedies, penalties, or damages authorized pursuant to Subparagraphs (4)(a) and (c) and Paragraph (5) of this Subsection.
(c) If the assets of the digital asset mining business include immovable property, the procedures provided for in R.S. 9:2717.1 related to notice and sale of immovable property shall be followed.
(4) The attorney general may pursue other remedies authorized by law in an action brought pursuant to the provisions of this Subsection, including but not limited to any of the following:
(a) A civil penalty not to exceed one million dollars or twenty-five percent of the fair market value on the date of the assessment of the civil penalty of the prohibited foreign party's interest in the digital asset mining business for the failure to divest of all interest in the digital asset mining business within three hundred sixty-five calendar days as required by this Section.
(b) Court costs associated with the civil action.
(c) Judicial interest on the amount of a judgment accruing from the date that the lawsuit is filed by the attorney general pursuant to Paragraph (2) of this Subsection.
(d) Reasonable attorney fees.
(5) In addition to the remedies provided in Paragraph (4) of this Subsection, the attorney general may pursue damages against a digital asset mining business if the digital asset mining business is held in violation of this Section by the court, is ordered to pay a civil penalty as provided in Paragraph (4) of this Subsection, and fails to pay the civil penalty imposed.
(6) The approval of a digital asset mining business by a local government or the receipt by a digital asset mining business of a permit or other authorization from the state to operate shall not be a defense to a cause of action brought pursuant to this Section.
E. No mortgage, lien, privilege, or other security interest recognized under the laws of this state and no ownership interest in indivision, lease, servitude, usufruct, right of use, bond for deed, or other real right shall be affected by a divestiture or disposition pursuant to this Section.
F. No attorney, title insurer, title insurance producer, title insurance agency producer, lender, mortgage loan servicer, notary public, real estate agent, real estate broker, seller, or lessor shall have a duty to make any investigation as to whether a party to a transaction involving immovable property is a prohibited foreign party, nor shall any such person be liable for failing to identify that a party to a transaction involving immovable property is a prohibited foreign party.
G. If a prohibited foreign party acquires immovable property despite the prohibitions provided in this Section, the property shall only be subject to divestiture or disposition during the period in which the prohibited foreign party owns the property. Rights in immovable property shall not be void or voidable because the property or right held in the property was previously held by a prohibited foreign party.
Acts 2024, No. 700, §1.
This Chapter shall be known and may be cited as the "State Services and Benefits Legal Status and Accountability Act".
Acts 2025, No. 419, §1, eff. June 20, 2025.
A. The purpose of this Chapter is to ensure accountability and transparency in the provision of state services and benefits and to ascertain the extent to which state services and benefits are provided to aliens within the following categories: "illegal aliens" and "unaccompanied alien children". Executive Order Number JML 24-05 concerns identifying, quantifying, and mitigating the adverse effects of illegal immigration on Louisiana. Executive Order JML 24-05 provides numerous reasons for why it is important for the state of Louisiana to identify individuals receiving state services and benefits who are illegal aliens or unaccompanied alien children, and to be able to quantify and calculate the cost to the state of providing such services and benefits. The reasons provided in Executive Order Number JML 24-05 are adopted by reference herein as the legislature's declaration of purpose in enacting this Chapter.
B. It is the intent of this Chapter that the Louisiana Department of Health, state Department of Education, office of motor vehicles, Governor's Office of Homeland Security and Emergency Preparedness, Department of Public Safety and Corrections, Department of Children and Family Services, Department of Revenue, and Louisiana higher education institutions determine the legal status of individuals receiving state services and benefits and to calculate and report the total dollar value of services and benefits provided to individuals identified as "illegal aliens" or "unaccompanied alien children" as defined by federal law.
Acts 2025, No. 419, §1, eff. June 20, 2025.
For the purposes of this Chapter:
(1) "Agency" means the Louisiana Department of Health, state Department of Education, office of motor vehicles, Governor's Office of Homeland Security and Emergency Preparedness, Department of Public Safety and Corrections, Department of Children and Family Services, Department of Revenue, and Louisiana higher education institutions.
(2) "Annual report" means a report that details the legal status of individuals who have received state services and the estimated total dollar value of those services, compiled by the relevant state agencies.
(3) "Illegal alien" means an "alien" described in 8 U.S.C. 1101, who is present in the United States without lawful immigration status and therefore subject to removal pursuant to federal law. An alien granted parole under 8 U.S.C. 1182(d)(5), temporary protected status, deferred action, deferred enforced departure, or similar exercise of administrative grace or prosecutorial discretion shall not be deemed to have lawful immigration status.
(4) "State services and benefits" means all services and benefits provided by the Louisiana Department of Health, state Department of Education, office of motor vehicles, Governor's Office of Homeland Security and Emergency Preparedness, Department of Public Safety and Corrections, Department of Children and Family Services, Department of Revenue, and Louisiana higher education institutions, including but not limited to healthcare, education, licenses, emergency assistance, and tax benefits.
(5) "Unaccompanied alien child" has the meaning set forth in 6 U.S.C. 279(g).
Acts 2025, No. 419, §1, eff. June 20, 2025.
Each agency shall determine the eligibility of individuals receiving state services and benefits from the agency, including determining which individuals attempting to receive such state services and benefits are "illegal aliens" or "unaccompanied alien children". Each agency shall determine and collect information as to what services or benefits have been afforded to "illegal aliens" or "unaccompanied alien children" and calculate the total dollar amount of services provided to individuals identified as "illegal aliens" or "unaccompanied alien children".
Acts 2025, No. 419, §1, eff. June 20, 2025.
A. Each agency shall submit an annual report to the governor, the attorney general, and the legislature. The annual report shall be submitted one week before the legislature convenes for its regular session and shall include all of the following:
(1) The total number of individuals receiving state services categorized by legal status.
(2) The total dollar amount of state services or benefits provided to all individuals identified as "illegal aliens" and "unaccompanied alien children".
(3) A breakdown of services provided, including healthcare, education, motor vehicle services, emergency preparedness, tax benefits, and other relevant services and benefits.
(4) A summary of any actions taken to ensure compliance with federal immigration law in meeting its obligations under this Chapter.
B. Each agency shall post the full report on publicly accessible websites to ensure transparency.
C. Every state agency, board, and commission shall adhere to and comply with federal immigration law and all other laws applicable to confidentiality and privacy of the information gathered, compiled, reported, and published.
Acts 2025, No. 419, §1, eff. June 20, 2025.
A. Each agency shall implement a standardized process for verifying the legal status of individuals seeking state services, which may include but is not limited to any of the following:
(1) Requesting proof of United States citizenship or lawful presence in the United States, such as a United States passport, permanent resident card, or other proof of lawful presence in the United States issued by the United States Department of Homeland Security or United States Department of State.
(2) Coordinating with the United States Department of Homeland Security or other federal agencies, including but not limited to utilizing the Systematic Alien Verification for Entitlements (SAVE) online service administered by the United States Citizenship and Immigration Services, to verify the legal status of individuals.
B. Each agency shall make reasonable efforts to ensure that any state service or benefit is provided only to individuals who meet the legal criteria for eligibility in accordance with federal and state laws.
Acts 2025, No. 419, §1, eff. June 20, 2025.
If any agency fails to comply with the provisions of this Chapter, the agency's funding may be withheld until compliance is achieved, subject to applicable laws and procedures.
Acts 2025, No. 419, §1, eff. June 20, 2025.
The implementation of this Chapter shall be subject to the appropriation of funds by the legislature for this purpose.
Acts 2025, No. 419, §1, eff. June 20, 2025.
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