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Regular Session, 2010 ENROLLED
SENATE BILL NO. 759
BY SENATOR THOMPSON
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
hereinafter referred to as the "district", is hereby created and is declared to be18
a body politic and political subdivision of the state, as defined in Article VI,19
Section 44 of the Constitution of Louisiana. Pursuant to Article VI, Sections 1920
and 21 of the Constitution of Louisiana, the district, acting through its board of21
commissioners, hereinafter referred to as the "board", the governing authority22
of said district, is hereby granted all of the rights, powers, privileges, and23
immunities granted to political subdivisions for economic and industrial24
development purposes, including but not limited to the power of taxation, the25
power to incur debt and issue revenue and general obligation bonds, certificates26
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of indebtedness, bond and certificate anticipation notes, and refunding bonds,1
subject to the limitations hereinafter provided.2
B. The district created by this Subpart is established for the primary3
object and purpose of promoting and encouraging agricultural, economic, and4
industrial development and tourism opportunities, stimulating the economy5
through renewed commerce, industry, research, and tourism, and for the6
utilization and development of natural and human resources of the area by7
providing job opportunities.8
C. The boundaries of the district shall be all of the territory located9
within the unincorporated boundaries of Madison Parish as of July 1, 2010.10
§130.442. Board of commissioners; members; officers11
A. The district shall be governed by a board of commissioners, referred12
to in this Subpart as the "board", consisting of five members appointed by the13
governing authority of Madison Parish.14
B.(1) Each member appointed to the board shall be a citizen of the15
United States. Each member shall additionally have been domiciled in Madison16
Parish and a qualified voter in Madison Parish for at least one year preceding17
the date of his appointment. Each board member shall remain domiciled in and18
a qualified voter in Madison Parish throughout his term of office.19
(2) Preference for board appointment shall be given to individuals with20
at least five years of experience in one or more of the following areas:21
(a) Economic development.22
(b) Public finance or administration.23
(c) Agriculture.24
(d) Urban planning.25
(e) Banking or finance.26
(f) Public relations.27
(g) Education.28
(h) Practice of law, medicine, or other licensed profession.29
(i) Construction.30 SB NO. 759 ENROLLED
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(j) Real estate sales, appraisal, or commercial development.1
(k) Labor.2
(3) Elected officials are prohibited from serving on the board.3
C.(1) The members of the board shall serve terms of three years after the4
initial term as provided in Paragraph (2) of this Subsection.5
(2) One member shall serve an initial term of one year, two shall serve6
two years, and two shall serve three years, as determined by lot at the first7
meeting of the board.8
D.(1) Any member may be removed for cause by a majority vote of the9
Madison Parish Police Jury.10
(2) Any member who misses fifty percent of the board's meetings,11
regular and special, in any calendar year shall be disqualified and removed12
automatically from office. Such vacated position shall be filled in the same13
manner as the original appointment for the balance of the vacated term. The14
former member shall not be eligible for reappointment until expiration of the15
balance of the vacated term.16
E.(1) Any vacancy in the membership of the board shall be filled in the17
same manner as the original appointment within thirty days after receipt by the18
police jury of written notification from the board of the vacancy.19
(2) In the event the vacancy is not filled within thirty days after the police20
jury's receipt of written notification of the vacancy, the board shall appoint an21
interim successor to serve on the board until the position is filled in the same22
manner as the original appointment.23
F. Members of the board shall serve without compensation. The board24
may reimburse any member for expenses actually incurred in the performance25
of his duties.26
G. The board shall elect yearly from its number a chairman, vice27
chairman, secretary, and treasurer, and establish their duties in rules adopted28
by the board. The offices of secretary and treasurer may be held by the same29
person.30 SB NO. 759 ENROLLED
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H. The board shall meet in regular session once each month and also1
shall meet in special session as convened by the president or upon written notice2
of three members.3
I. A majority of the board members shall constitute a quorum.4
J. All actions of the board shall be approved by the affirmative vote of5
a majority of the members.6
K. Vote by proxy shall not be permitted. Any member may request a7
recorded vote on any resolution or action of the district.8
L. The board shall cause minutes and a record to be kept of all its9
proceedings, and it shall select a newspaper of general circulation within its10
territorial jurisdiction as its official journal in which it shall publish its minutes11
and in which it shall publish such official notices as are required by law.12
§130.443. Powers of district13
A. The district, acting by and through its board, shall have and exercise14
all powers of a political subdivision necessary or convenient for the carrying out15
of its objects and purposes, including but not limited to rights and powers set16
out in this Subpart and including the following rights and powers:17
(1) To sue and be sued.18
(2) To adopt, use, and alter at will a corporate seal.19
(3) To acquire by purchase or donation any property and to hold,20
maintain, and use such property, or any interest therein.21
(4) To sell or transfer any property acquired by it, or any interest22
therein.23
(5) To lease or sublease all or any portion of any property at a fixed or24
variable rental rate without advertisement for public bids.25
(6) To donate property to the United States or any political subdivision26
of the state.27
(7) To enter into contracts for the purchase, acquisition, construction,28
and improvement of works and facilities necessary in connection with the29
purposes of the district.30 SB NO. 759 ENROLLED
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(8) In its own name and on its own behalf, to incur debt and to issue1
general obligation bonds, revenue bonds, certificates, notes, and other evidence2
of indebtedness, and to levy and cause to be collected certain taxes as provided3
in this Subpart and as may be provided by general law.4
(9) To develop, regulate, and operate activities and planned land uses to5
foster creation of new jobs, agricultural, economic, or industry developments.6
(10) To develop and regulate the construction, operation, maintenance,7
and improvement of facilities and infrastructure on property owned or leased8
by the district.9
(11) To require and issue licenses with respect to its properties and10
facilities.11
(12) To regulate the imposition of fees and rentals charged by the12
district for its facilities and services rendered by it.13
(13) To borrow money and pledge all or part of its revenues, leases,14
rents, or other advantages as security for such loans.15
(14) The board may contract with and employ attorneys, clerks,16
engineers, deputy commissioners, superintendents, a director, and other agents17
and employees, and shall fix their compensation and terms of employment.18
B. The district, or any subdistrict created by the board, shall not be19
deemed to be an instrumentality of the state for purposes of Article X, Section20
1(A) of the Constitution of Louisiana.21
C.(1) The district may create subdistricts as provided in this Subsection.22
(2) The district shall publish notice of its intent to create and designate23
one or more project areas within the boundaries of the district as a subdistrict24
or subdistricts of the district in the official journal of the district. At least ten25
days after publication of such notice in the official journal of the district, the26
board shall conduct a public hearing on the question of creating such subdistrict27
or subdistricts.28
(3) Thereafter, upon approval by a majority of the members of the29
governing authority of Madison Parish, the board may create such subdistrict30 SB NO. 759 ENROLLED
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or subdistricts approved by the governing authority. Each such subdistrict1
shall constitute a political subdivision of the state and shall be governed by the2
board. Each subdistrict shall have the same powers as the district and shall be3
given a name and designated as "Madison Parish Economic and Industrial4
Development District Subdistrict No. ___".5
§130.444. Funding of the district6
A. The board may, when necessary, levy annually within the district an7
ad valorem tax not to exceed five mills on the assessed value of property within8
the district, provided that the amount, term, and purpose of said tax, as set9
forth in a proposition which shall be first approved by a majority of the10
members of the governing authority of Madison Parish, and shall then be11
approved by a majority of the qualified electors of the district voting on the12
proposition at a special election held for that purpose in accordance with the13
Louisiana Election Code.14
B.(1) The board may levy and collect a sales and use tax within the15
boundaries of the district for such purposes and at such rate as provided for in16
the proposition authorizing its levy, not exceeding one percent, if first approved17
by a majority of the members of the governing authority of Madison Parish,18
and then if further approved by a majority of the electors of the district voting19
on the proposition at an election held for the purpose in accordance with the20
Louisiana Election Code.21
(2) The tax shall be levied upon the sale at retail, the use, the lease or22
rental, the consumption, the distribution and storage for use or consumption of23
tangible personal property, and upon the sales of services within the district, all24
as presently defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana25
Revised Statutes of 1950.26
(3) The tax shall be imposed, collected, and enforced subject to the terms27
of the resolution imposing the tax and the provisions of Chapter 2-D of Subtitle28
II of Title 47 of the Louisiana Revised Statutes of 1950.29
(4) The tax shall be imposed and collected uniformly throughout the30 SB NO. 759 ENROLLED
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district.1
C. Any tax levied under this Section shall be in addition to all other2
taxes which a parish or any municipality or other political subdivision within3
the parish of Madison is now or hereafter may be authorized to levy and collect4
and may exceed the limitation set forth in Article VI, Section 29(A) of the5
Constitution of Louisiana.6
§130.445. Securities7
Bonds, certificates, or other evidences of indebtedness issued by the8
district pursuant to this Subpart are deemed to be securities of public entities9
within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised10
Statutes of 1950, and shall be subject to defeasance in accordance with the11
provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950,12
and may be refunded in accordance with the provisions of Chapters 14-A and13
15 of Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued14
as short-term revenue notes of a public entity under Chapter 15-A of Title 3915
of the Louisiana Revised Statutes of 1950.16
§130.446. Governmental functions17
A. No bonds, other debt obligations, or contracts of the district, or of18
any subdistrict, shall be a charge upon the income, property, or revenue of19
Madison Parish or the state of Louisiana.20
B. The district or any subdistrict created by the board shall not be21
deemed to be a public utility and shall not be subject in any respect to the22
authority, control, regulation, or supervision of the Louisiana Public Service23
Commission or any other regulatory body of the state, or any political24
subdivision thereof.25
§130.447. General compliance; enhancement; federal and state aid26
A. No provisions of this Subpart shall be construed so as to exempt the27
district from compliance with the provisions of Louisiana laws pertaining to28
open meetings, public records, fiscal agents, official journals, dual office holding29
and employment, public bidding for the purchase of supplies and materials and30 SB NO. 759 ENROLLED
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construction of public works, the Code of Governmental Ethics, the right to1
property in Article I, Section 4 of the Constitution of Louisiana, and the2
Louisiana Election Code.3
B. The district may adopt a program or programs awarding contracts4
to, and establishing set-aside goals and preference procedures for the benefit of,5
businesses owned and operated by socially or economically disadvantaged6
persons in accordance with any of the provisions of R.S. 38:2233.2 and of7
Chapter 19 of Title 39 of the Louisiana Revised Statutes of 1950, entitled8
"Louisiana Minority and Women's Business Enterprise Act".9
C. The financial records of the district shall be subjected to audit10
pursuant to R.S. 24:513.11
D. The district shall have full power to do such things and enter into12
such contracts and agreements with the United States of America or with any13
state or federal agency or instrumentality as may be necessary to procure aids14
and grants to assist such district in carrying out the purposes for which it was15
created.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: