Which per diem law governed Amite River Basin drainage district board members in 2005?

Plain-English summary

The Amite River Basin Drainage and Water Conservation District asked whether a newer per diem law for levee boards superseded its district-specific compensation provision. The Attorney General concluded R.S. 38:3304, the Amite district provision, controlled. It said the district was neither a "levee district" nor a "levee and drainage district" under the definitions used by R.S. 38:308.

At the time, the district-specific provision capped per diem at $60 a day for actual board attendance or duties authorized by the board, with payment for at most 24 days per year. The opinion agreed with an earlier AG opinion, No. 98-351.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy.

Common questions

Did the levee-board per diem law apply to this district?

No. The AG said R.S. 38:308 governed levee districts and levee and drainage districts, and Amite River Basin district was classified as neither.

What daily amount did the opinion identify?

It quoted a maximum of $60 a day under R.S. 38:3304 for a member in actual board attendance or performing board-authorized duties.

How many paid days did the opinion allow each year?

The opinion stated a maximum of 24 days per year under the district-specific provision.

Background and statutory framework

The request compared R.S. 38:308, enacted after R.S. 38:3304, with the Amite district's own provision. The AG focused on which districts R.S. 38:308 covered, using the definitions in R.S. 38:281, and concluded its per diem limits did not displace the rule written for the Amite district.

Citations

• La. R.S. 38:281 (definitions of levee districts).
• La. R.S. 38:308 (per diem provision for levee district commissioners).
• La. R.S. 38:3304 (Amite district member per diem).
• Attorney General Opinion No. 98-351 (earlier opinion in accord).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0245

Original opinion text

August 8, 2005
OPINION NUMBER 05-0245

63 LEVEES, DRAINAGE DISTRICT & FLOOD CONTROL
La. R.S. 38:3304; La R.S. 38:308
Mr. Jay J. Harris
The Amite River Basin Drainage and Water Conservation District is
133 Aspen Square, Suite B
not classified as either a levee district or a levee and drainage district;
Denham Springs, Louisiana 70726
and, accordingly, La. R.S. 38:308 does not control the maximum
amount of the per diem or the number of days per diem is allowed for members of the District. The per diem for members of the District is
Dear Mr. Harris: governed by La. R.S. 38:3304.

You requested an Attorney General’s opinion on behalf of the Amite River Basin Drainage and Water Conservation District (“District”) regarding the per diem paid to the members of the District. You question whether La. R.S. 38:308, adopted in 1985, supercedes La. R.S. 38:3304, adopted in 1984, concerning the issue of the per diem paid to the members of the District. It is your view that La. R.S. 38:308 governs the maximum dollar amount of the per diem and the maximum number of days per year the per diem is payable.

La. R.S. 38:308 is found in Chapter 4 of Title 38, and controls the maximum amount of the per diem and the number of days per diem is allowed for members of the board of commissioners of any levee district or levee and drainage district. The terms “levee district” and “levee and drainage district” are both defined in La. R.S. 38:281 as follows:

(6) "Levee district" means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, and all other things incidental thereto within its territorial limits.

(7) "Levee and drainage district" means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, drainage, and all other things incidental thereto within its territorial limits.

La. R.S. 38:3301-3309 dealing with the District is found in Chapter 16 of Title 38. It is the opinion of this office that the District is not classified as either a levee district or a levee and drainage district; and, accordingly, La. R.S. 38:308 does not control the maximum amount of the per diem or the number of days per diem is allowed for members of the District. In accord is Attorney General Opinion No. 98-351.

The per diem for members of the District is governed by La. R.S. 38:3304. The per diem is limited to a maximum of Sixty ($60.00) Dollars per day during the time such member is in actual attendance upon the board of performing duties authorized by the board and shall be payable for a maximum of twenty-four days per year.

Page 2

Mr. Jay J. Harris
OPINION NUMBER 05-0245
Page - 2 -

Trusting this adequately responds to your request, we remain

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _________
KENNETH L. ROCHE, III
Assistant Attorney General

CCF, JR/KLR, III/mjb

Page 3

OPINION NUMBER 05-0245

63 LEVEES, DRAINAGE
DISTRICTS & FLOOD
CONTROL
La. R.S. 38:3304; La. R.S. 38:308

The Amite River Basin Drainage and
Water Conservation District is not
classified as either a levee district or a
levee and drainage district; and,
accordingly, La. R.S. 38:308 does not
control the maximum amount of the per
diem or the number of days per diem is
allowed for members of the District. The
per diem for members of the District is
governed by La. R.S. 38:3304.

Mr. Jay J. Harris
133 Aspen Square, Suite B
Denham Springs, Louisiana 70726

Date Received:
Date Released: August 8, 2005

KENNETH L. ROCHE, III
ASSISTANT ATTORNEY GENERAL