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Regular Session, 2010
SENATE BILL NO. 759
BY SENATOR THOMPSON
SPECIAL DISTRICTS. Creates the Madison Parish Economic and Industrial Development
District. (gov sig)
AN ACT1
To enact Subpart B-20 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 33:130.441 through 130.447, relative to3
agricultural, economic, and industrial development in Madison Parish; to create the4
Madison Parish Economic and Industrial Development District; to provide for the5
governance, powers, duties, and funding of the district; to authorize the district to6
issue bonds and levy taxes; and to provide for related matters.7
Notice of intention to introduce this Act has been published.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Subpart B-20 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised10
Statutes of 1950, comprised of R.S. 33:130.441 through 130.447, is hereby enacted to read11
as follows: 12
SUBPART B-20. MADISON PARISH ECONOMIC AND13
INDUSTRIAL DEVELOPMENT DISTRICT14
§130.441. Madison Parish Economic and Industrial Development District;15
creation; territorial jurisdiction16
A. The Madison Parish Economic and Industrial Development District,17 SB NO. 759
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hereinafter referred to as the "district", is hereby created and is declared to be1
a body politic and political subdivision of the state, as defined in Article VI,2
Section 44 of the Constitution of Louisiana. Pursuant to Article VI, Sections 193
and 21 of the Constitution of Louisiana, the district, acting through its board of4
commissioners, hereinafter referred to as the "board", the governing authority5
of said district, is hereby granted all of the rights, powers, privileges, and6
immunities granted to political subdivisions for economic and industrial7
development purposes, including but not limited to the power of taxation, the8
power to incur debt and issue revenue and general obligation bonds, certificates9
of indebtedness, bond and certificate anticipation notes, and refunding bonds,10
subject to the limitations hereinafter provided.11
B. The district created by this Subpart is established for the primary12
object and purpose of promoting and encouraging agricultural, economic, and13
industrial development and tourism opportunities, stimulating the economy14
through renewed commerce, industry, research, and tourism, and for the15
utilization and development of natural and human resources of the area by16
providing job opportunities.17
C. The boundaries of the district shall be all of the territory located18
within the unincorporated boundaries of Madison Parish as of July 1, 2010.19
§130.442. Board of commissioners; members; officers20
A. The district shall be governed by a board of commissioners, referred21
to in this Subpart as the "board", consisting of five members appointed by the22
governing authority of Madison Parish.23
B.(1) Each member appointed to the board shall be a citizen of the24
United States. Each member shall additionally have been domiciled in Madison25
Parish and a qualified voter in Madison Parish for at least one year preceding26
the date of his appointment. Each board member shall remain domiciled in and27
a qualified voter in Madison Parish throughout his term of office.28
(2) Preference for board appointment shall be given to individuals with29 SB NO. 759
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at least five years of experience in one or more of the following areas:1
(a) Economic development.2
(b) Public finance or administration.3
(c) Agriculture.4
(d) Urban planning.5
(e) Banking or finance.6
(f) Public relations.7
(g) Education.8
(h) Practice of law, medicine, or other licensed profession.9
(i) Construction.10
(j) Real estate sales, appraisal, or commercial development.11
(k) Labor.12
(3) Elected officials are prohibited from serving on the board.13
C.(1) The members of the board shall serve terms of three years after the14
initial term as provided in Paragraph (2) of this Subsection.15
(2) One member shall serve an initial term of one year, two shall serve16
two years, and two shall serve three years, as determined by lot at the first17
meeting of the board.18
D.(1) Any member may be removed for cause by a majority vote of the19
Madison Parish Police Jury.20
(2) Any member who misses fifty percent of the board's meetings,21
regular and special, in any calendar year shall be disqualified and removed22
automatically from office. Such vacated position shall be filled in the same23
manner as the original appointment for the balance of the vacated term. The24
former member shall not be eligible for reappointment until expiration of the25
balance of the vacated term.26
E.(1) Any vacancy in the membership of the board shall be filled in the27
same manner as the original appointment within thirty days after receipt by the28
police jury of written notification from the board of the vacancy.29 SB NO. 759
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(2) In the event the vacancy is not filled within thirty days after the police1
jury's receipt of written notification of the vacancy, the board shall appoint an2
interim successor to serve on the board until the position is filled in the same3
manner as the original appointment.4
F. Members of the board shall serve without compensation. The board5
may reimburse any member for expenses actually incurred in the performance6
of his duties.7
G. The board shall elect yearly from its number a chairman, vice8
chairman, secretary, and treasurer, and establish their duties in rules adopted9
by the board. The offices of secretary and treasurer may be held by the same10
person.11
H. The board shall meet in regular session once each month and also12
shall meet in special session as convened by the president or upon written notice13
of three members.14
I. A majority of the board members shall constitute a quorum.15
J. All actions of the board shall be approved by the affirmative vote of16
a majority of the members.17
K. Vote by proxy shall not be permitted. Any member may request a18
recorded vote on any resolution or action of the district.19
L. The board shall cause minutes and a record to be kept of all its20
proceedings, and it shall select a newspaper of general circulation within its21
territorial jurisdiction as its official journal in which it shall publish its minutes22
and in which it shall publish such official notices as are required by law.23
§130.443. Powers of district24
A. The district, acting by and through its board, shall have and exercise25
all powers of a political subdivision necessary or convenient for the carrying out26
of its objects and purposes, including but not limited to rights and powers set27
out in this Subpart and including the following rights and powers:28
(1) To sue and be sued.29 SB NO. 759
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(2) To adopt, use, and alter at will a corporate seal.1
(3) To acquire by purchase or donation any property and to hold,2
maintain, and use such property, or any interest therein.3
(4) To sell or transfer any property acquired by it, or any interest4
therein.5
(5) To lease or sublease all or any portion of any property at a fixed or6
variable rental rate without advertisement for public bids.7
(6) To donate property to the United States or any political subdivision8
of the state.9
(7) To enter into contracts for the purchase, acquisition, construction,10
and improvement of works and facilities necessary in connection with the11
purposes of the district.12
(8) In its own name and on its own behalf, to incur debt and to issue13
general obligation bonds, revenue bonds, certificates, notes, and other evidences14
of indebtedness, and to levy and cause to be collected certain taxes as provided15
in this Subpart and as may be provided by general law.16
(9) To develop, regulate, and operate activities and planned land uses to17
foster creation of new jobs, agricultural, economic, or industry developments.18
(10) To develop and regulate the construction, operation, maintenance,19
and improvement of facilities and infrastructure on property owned or leased20
by the district.21
(11) To require and issue licenses with respect to its properties and22
facilities.23
(12) To regulate the imposition of fees and rentals charged by the24
district for its facilities and services rendered by it.25
(13) To borrow money and pledge all or part of its revenues, leases,26
rents, or other advantages as security for such loans.27
(14) The board may contract with and employ attorneys, clerks,28
engineers, deputy commissioners, superintendents, a director, and other agents29 SB NO. 759
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and employees, and shall fix their compensation and terms of employment.1
B. The district, or any subdistrict created by the board, shall not be2
deemed to be an instrumentality of the state for purposes of Article X, Section3
1(A) of the Constitution of Louisiana.4
C.(1) The district may create subdistricts as provided in this Subsection.5
(2) The district shall publish notice of its intent to create and designate6
one or more project areas within the boundaries of the district as a subdistrict7
or subdistricts of the district in the official journal of the district. At least ten8
days after publication of such notice in the official journal of the district, the9
board shall conduct a public hearing on the question of creating such subdistrict10
or subdistricts.11
(3) Thereafter, upon approval by a majority of the members of the12
governing authority of Madison Parish, the board may create such subdistrict13
or subdistricts approved by the governing authority. Each such subdistrict14
shall constitute a political subdivision of the state and shall be governed by the15
board. Each subdistrict shall have the same powers as the district and shall be16
given a name and designated as "Madison Parish Economic and Industrial17
Development District Subdistrict No. ___".18
§130.444. Funding of the district19
A. The board may, when necessary, levy annually within the district an20
ad valorem tax not to exceed five mills on the assessed value of property within21
the district, provided that the amount, term, and purpose of said tax, as set22
forth in a proposition which shall be first approved by a majority of the23
members of the governing authority of Madison Parish, and shall then be24
approved by a majority of the qualified electors of the district voting on the25
proposition at a special election held for that purpose in accordance with the26
Louisiana Election Code.27
B.(1) The board may levy and collect a sales and use tax within the28
boundaries of the district for such purposes and at such rate as provided for in29 SB NO. 759
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the proposition authorizing its levy, not exceeding one percent, if first approved1
by a majority of the members of the governing authority of Madison Parish,2
and then if further approved by a majority of the electors of the district voting3
on the proposition at an election held for the purpose in accordance with the4
Louisiana Election Code.5
(2) The tax shall be levied upon the sale at retail, the use, the lease or6
rental, the consumption, the distribution and storage for use or consumption of7
tangible personal property, and upon the sales of services within the district, all8
as presently defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana9
Revised Statutes of 1950.10
(3) The tax shall be imposed, collected, and enforced subject to the terms11
of the resolution imposing the tax and the provisions of Chapter 2-D of Subtitle12
II of Title 47 of the Louisiana Revised Statutes of 1950.13
(4) The tax shall be imposed and collected uniformly throughout the14
district.15
C. Any tax levied under this Section shall be in addition to all other16
taxes which a parish or any municipality or other political subdivision within17
the parish of Madison is now or hereafter may be authorized to levy and collect18
and may exceed the limitation set forth in Article VI, Section 29(A) of the19
Constitution of Louisiana.20
§130.445. Securities21
Bonds, certificates, or other evidences of indebtedness issued by the22
district pursuant to this Subpart are deemed to be securities of public entities23
within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised24
Statutes of 1950, and shall be subject to defeasance in accordance with the25
provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950,26
and may be refunded in accordance with the provisions of Chapters 14-A and27
15 of Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued28
as short-term revenue notes of a public entity under Chapter 15-A of Title 3929 SB NO. 759
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of the Louisiana Revised Statutes of 1950.1
§130.446. Governmental functions2
A. No bonds, other debt obligations, or contracts of the district, or of3
any subdistrict, shall be a charge upon the income, property, or revenue of4
Madison Parish or the state of Louisiana.5
B. The district or any subdistrict created by the board shall not be6
deemed to be a public utility and shall not be subject in any respect to the7
authority, control, regulation, or supervision of the Louisiana Public Service8
Commission or any other regulatory body of the state, or any political9
subdivision thereof.10
§130.447. General compliance; enhancement; federal and state aid11
A. No provisions of this Subpart shall be construed so as to exempt the12
district from compliance with the provisions of Louisiana laws pertaining to13
open meetings, public records, fiscal agents, official journals, dual office holding14
and employment, public bidding for the purchase of supplies and materials and15
construction of public works, the Code of Governmental Ethics, the right to16
property in Article I, Section 4 of the Constitution of Louisiana, and the17
Louisiana Election Code.18
B. The district may adopt a program or programs awarding contracts19
to, and establishing set-aside goals and preference procedures for the benefit of,20
businesses owned and operated by socially or economically disadvantaged21
persons in accordance with any of the provisions of R.S. 38:2233.2 and of22
Chapter 19 of Title 39 of the Louisiana Revised Statutes of 1950, entitled23
"Louisiana Minority and Women's Business Enterprise Act".24
C. The financial records of the district shall be subjected to audit25
pursuant to R.S. 24:513.26
D. The district shall have full power to do such things and enter into27
such contracts and agreements with the United States of America or with any28
state or federal agency or instrumentality as may be necessary to procure aids29 SB NO. 759
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and grants to assist such district in carrying out the purposes for which it was1
created.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
The original instrument was prepared by Riley Boudreaux. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michelle Broussard-Johnson.
DIGEST
Thompson (SB 759)
Proposed law creates the Madison Parish Economic and Industrial Development District as
a political subdivision of the state for the primary purpose of promoting and encouraging
agricultural, economic, and industrial development and tourism opportunities and for the
development of natural and human resources in the district.
Proposed law provides that the boundaries of the district shall be all of the territory located
within the unincorporated boundaries of Madison Parish as of 7/1/10.
Proposed law provides for governance of the district by five commissioners who are
appointed by the governing authority of Madison Parish.
Proposed law prohibits elected officials from serving on the board.
Proposed law provides for three-year terms for the commissioners, after serving specified
initial terms. Further provides for the following with respect to commissioners:
(1)Qualifications and preferences.
(2)Removal from the board for cause.
(3)Filling of vacancies.
(4)Reimbursement for expenses; prohibits receipt of per diem or salary.
(5)Selection of officers.
(6)Rules governing meetings.
Proposed law provides that the powers of the district shall be those of a political subdivision
necessary or convenient for carrying out its objects and purposes, including the following:
(1)To sue and be sued.
(2)To adopt, use, and alter a corporate seal.
(3)To acquire by purchase or donation any property and the use of such property. SB NO. 759
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(4)To enter into contracts for acquisition, construction, and improvement of works and
facilities.
(5)To incur debt, issue bonds, and levy taxes as specified in proposed law.
(6)To require and issue licenses.
(7)To impose and regulate fees and rentals.
(8)To borrow money and pledge revenues as security for loans.
(9)Authorizes the board to employ persons and fix compensation and terms of
employment.
(10)To create subdistricts as specified in proposed law upon approval by a majority of
the members of the governing authority of Madison Parish.
Proposed law authorizes the board of the district to levy annually within the district a
property tax of up to 5 mills, provided that the amount, term, and the purpose of the tax, as
set forth in a proposition which must be first approved by a majority of the members of the
governing authority of Madison Parish, and then must be approved by a majority of the
qualified electors of the district.
Also authorizes the board to levy a sales tax of up to one percent within the district as
provided for in the proposition authorizing its levy, if first approved by a majority of the
members of the governing authority of Madison Parish, and then if further approved by a
majority of the electors of the district.
Requires that proceeds of the tax or taxes be used only for the specified purposes of the
district.
Proposed law provides that bonds, certificates, or other evidences of indebtedness issued by
the district are deemed to be securities of public entities and subject to defeasance in
accordance with present law. Further provides that such bonds may also be issued as short-
term revenue notes of a public entity in accordance with present law.
Proposed law provides that the district shall not be construed to be a public utility and shall
not be subject to regulation by the La. Public Service Commission or any other state or local
regulatory body.
Proposed law provides that the district shall not be exempt from specified laws pertaining
to public officials and public entities.
Proposed law authorizes the district to adopt programs for the purpose of awarding contracts
to and establishing set-aside goals and preference procedures for the benefit of
disadvantaged persons in accordance with R.S. 38:2233.2 and the Louisiana Minority
Business Enterprise Act.
Proposed law authorizes the district to enter into agreements with any state or federal agency
as may be necessary to procure aids and grants to assist the district in carrying out its
purposes.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 33:130.441 through 130.447) SB NO. 759
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Summary of Amendments Adopted by Senate
Senate Floor Amendments to reengrossed bill.
1. Technical amendments made by the Legislative Bureau.