ENROLLED
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ACT No. 20
First Extraordinary Session, 2011
HOUSE BILL NO. 26
BY REPRESENTATIVE BARROW
AN ACT1
To amend and reenact R.S. 33:103(C)(1)(j)(introductory paragraph) and (l), 112(C)(1)(a),2
121, the heading of Subpart B-32 of Part IV of Chapter 1 of Title 33 of the Louisiana3
Revised Statutes of 1950, 130.601(4), 130.602(A)(1) and (7), the heading of Subpart4
B-36 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950,5
130.721(A), the heading of Subpart L of Part IV of Chapter 1 of Title 33 of the6
Louisiana Revised Statutes of 1950, 140.181, 151, 172(F)(1), 365, 423.11, 423.14,7
423.20, 423.21, 441.30, 447.2, 1236(60), (62)(a), and (63)(a), 1236.5,8
1236.20(A)(1)(introductory paragraph) and (C)(3)(a), 1243(A)(1) and (B)(1),9
1324(9), 1415(G), 1429.1, 1448(G)(1), 1521(introductory paragraph), 1573,10
1967(C), 1976(introductory paragraph), 1992(A)(introductory paragraph) and (D),11
2213(H), 2423(A), 2536.3(introductory paragraph), 2569, 2582(A)(1) and (2),12
2584(B), 2586, 2711(B) and (D)(1), 2711.7(A), 2711.16(A), 2717.18, 2721.7(A)(1),13
2721.14, 2737.52(A), 2737.56(A), 2737.66(A) and (C)(1), 2737.71(A), 2737.73(A),14
2737.74(A) and (B), 2738.84(A)(2) and (3), 2738.85(A)(1), 2740.18(A)(1),15
2740.18.1(A), 2740.34(A), 2740.35(A)(1), 2740.36(B), 2740.37(B)(1), 2740.61,16
3892(A), the heading of Part IV of Chapter 9 of Title 33 of the Louisiana Revised17
Statutes of 1950, 4159.10(B)(introductory paragraph), 4169(C), 4175(B)(1),18
4305(B)(2), the heading of Subpart F of Part I of Chapter 10 of Title 33 of the19
Louisiana Revised Statutes of 1950, 4311, 4546.2(D), 4561.1, 4562.1(A) and (B),20
4562.2(A) and (B), 4564(D), 4570.11(A) and (B)(1)(a) through (d), 4574(B)(40) and21
(F)(1)(b)(iii), 4574.1.1(A)(40), (42), and (45), (N)(1), (Q), and (R), 4574.2(D),22
4574.19, 4579(A), 4709.21(A), 4712.15, 4717(B), 4720.161(Q)(7),23
4722(B)(introductory paragraph) and (C), 4780.51(A), 4785(B), 4790, 4877,24
4879(B) and (C), 5062(A), 7551, 7602(4), (8)(a), (9), (10), and (11), 7603(14),25 ENROLLEDHB NO. 26
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7604(A), 9033.3(A) and (N), 9036(B), 9037.1, 9038.31(3), 9038.41(A) and1
(B)(introductory paragraph), 9038.55, 9038.61(A), 9053.1(A), 9073.1(A), 9076(A),2
and 9611(A) and to repeal Subpart B-31 of Part IV of Chapter 1 of Title 33 of the3
Louisiana Revised Statutes of 1950, comprised of R.S. 33:130.591 through 130.599,4
R.S. 33:130.601(5), Subpart B-41 of Part IV of Chapter 1 of Title 33 of the Louisiana5
Revised Statutes of 1950, comprised of R.S. 33:130.781, and R.S. 33:1221(B),6
1415(F), 1521.1( D), 1992(A)(11), 2213(I), 2625, 2740.48, and 7603(20), relative7
to Title 33 (Municipalities and Parishes) of the Louisiana Revised Statutes of 19508
which are limited in applicability to certain political subdivisions or local areas based9
upon population classifications; to specify applicability to one or more political10
subdivisions or local areas; to adjust population categories to retain applicability; to11
repeal provisions that are outdated or obsolete; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 33:103(C)(1)(j)(introductory paragraph) and (l), 112(C)(1)(a), 121,14
the heading of Subpart B-32 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised15
Statutes of 1950, 130.601(4), 130.602(A)(1) and (7), the heading of Subpart B-36 of Part IV16
of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950, 130.721(A), the heading17
of Subpart L of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950,18
140.181, 151, 172(F)(1), 365, 423.11, 423.14, 423.20, 423.21, 441.30, 447.2, 1236(60),19
(62)(a), and (63)(a), 1236.5, 1236.20(A)(1)(introductory paragraph) and (C)(3)(a),20
1243(A)(1) and (B)(1), 1324(9), 1415(G), 1429.1, 1448(G)(1), 1521(introductory21
paragraph), 1573, 1967(C), 1976(introductory paragraph), 1992(A)(introductory paragraph)22
and (D), 2213(H), 2423(A), 2536.3(introductory paragraph), 2569, 2582(A)(1) and (2),23
2584(B), 2586, 2711(B) and (D)(1), 2711.7(A), 2711.16(A), 2717.18, 2721.7(A)(1),24
2721.14, 2737.52(A), 2737.56(A), 2737.66(A) and (C)(1), 2737.71(A), 2737.73(A),25
2737.74(A) and (B), 2738.84(A)(2) and (3), 2738.85(A)(1), 2740.18(A)(1), 2740.18.1(A),26
2740.34(A), 2740.35(A)(1), 2740.36(B), 2740.37(B)(1), 2740.61, 3892(A), the heading of27
Part IV of Chapter 9 of Title 33 of the Louisiana Revised Statutes of 1950,28
4159.10(B)(introductory paragraph), 4169(C), 4175(B)(1), 4305(B)(2), the heading of29
Subpart F of Part I of Chapter 10 of Title 33 of the Louisiana Revised Statutes of 1950,30 ENROLLEDHB NO. 26
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4311, 4546.2(D), 4561.1, 4562.1 (A) and (B), 4562.2(A) and (B), 4564(D), 4570.11(A) and1
(B)(1)(a) through (d), 4574(B)(40) and (F)(1)(b)(iii), 4574.1.1(A)(40), (42), and (45), (N)(1),2
(Q), and (R), 4574.2(D), 4574.19, 4579(A), 4709.21(A), 4712.15, 4717(B), 4720.161(Q)(7),3
4722(B)(introductory paragraph) and (C), 4780.51(A), 4785(B), 4790, 4877, 4879(B) and4
(C), 5062(A), 7551, 7602(4), (8)(a), (9), (10), and (11), 7603(14), 7604(A), 9033.3(A) and5
(N), 9036(B), 9037.1, 9038.31(3), 9038.41(A) and (B)(introductory paragraph), 9038.55,6
9038.61(A), 9053.1(A), 9073.1(A), 9076(A), and 9611(A) are hereby amended and7
reenacted to read as follows: 8
§103. Planning commission; membership; appointment9
* * *10
C.11
* * *12
(1)13
* * *14
(j) Notwithstanding any provision of this Section or any other law to the15
contrary, the governing authority of a municipality with a population of not less than16
seven thousand one hundred fifty persons and not more than seven thousand two17
hundred fifty persons as of the most recent federal decennial census the city of18
Plaquemine may pay members of the planning commission of such a the city and19
such members may receive a per diem for attendance at meetings of the commission20
for a maximum of twenty-four days per year in amounts not to exceed the following21
maximums:22
* * *23
(l) Notwithstanding any other provision of law to the contrary, the governing24
authority of any municipality with a population of not more than three thousand one25
hundred persons and not less than two thousand six hundred persons as of the latest26
federal decennial census authorities of the municipalities of Arcadia, Delhi,27
Gramercy, Haughton, Haynesville, Iowa, Jena, Lake Arthur, Lockport, and Many28
may pay a per diem to members of the municipal planning commission their29
respective municipal planning commissions for attending meetings of any such30 ENROLLEDHB NO. 26
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commission. The rate of per diem to be paid to such members and the number of1
meetings for which per diem shall be paid shall be established by ordinance of the2
governing authority of the each municipality.3
* * *4
§112. Subdivision regulations5
* * *6
C.(1)(a) Within those parishes or municipalities with a population in excess7
of four hundred twenty-five thousand which have a recreation plan officially adopted8
in accordance with R.S. 33:108 the city of New Orleans, the governing body may9
enact or may authorize its appropriate agency to enact, as a part of the municipality's10
or parish's subdivision control regulations, requirements that a subdivider of land11
dedicate such land areas, sites, and locations for park, playground, and public school12
purposes as are reasonably necessary to service the proposed subdivision and the13
future residents thereof, but in no case more than five percent of the gross area of the14
proposed subdivision. The regulations may provide that the dedication shall be a15
condition precedent to the approval of any subdivision plat. They shall set forth the16
standards to be applied in determining the amount of land that is required to be17
dedicated. These standards shall be based upon the number and type of dwelling18
units or structures to be included in each subdivision. These standards shall also be19
based upon studies and surveys conducted by the municipality or parish through its20
appropriate agency in order to determine the need, if any, for park, playground, and21
public school sites generated by existing subdivisions within the municipality or22
parish containing various types of dwelling units or structures.23
* * *24
§121. Creation of parish development board25
A police jury may create and organize a parish development board in26
accordance with the provisions of this Subpart.27
The provisions of this Subpart shall not be applicable to any parish containing28
a municipality with a population of more than three hundred thousand.29
* * *30 ENROLLEDHB NO. 26
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SUBPART B-32. ECONOMIC DEVELOPMENT AUTHORI TY1
CREATED BY TWO OR MORE MUNICIPALITIES IN MADISON PARISH2
§130.601. Definitions3
* * *4
(4) "Municipality" means any legally incorporated city, town, or village5
located within the same parish of Madison.6
§130.602. Creation of authority; territorial jurisdiction7
A.(1) Notwithstanding any provision of law to the contrary, any two or more8
municipalities in a parish with a population in excess of thirteen thousand but less9
than fourteen thousand according to the latest federal decennial census the parish of10
Madison may, upon their own joint initiative, create by local services agreement and11
intergovernmental contract a special district for industrial, commercial, tourism, and12
economic development purposes which shall be designated by such name as the13
municipalities designate; and which shall be governed by a board of commissioners14
of not less than six members. The mayors of each of the contracting municipalities15
shall be ex officio members of the board and each municipality, by vote of the16
governing authority of said such municipality, shall appoint one member to the board17
who shall be a member of the city council or the board of aldermen. The president18
of the police jury for the parish in which the special district is located shall be an ex19
officio member of the board and the police jury for said the parish shall appoint one20
member to the board who shall be a member of the police jury.21
* * *22
(7) The commission shall meet in regular session at least once a year or more23
often as set by vote of the commission and shall also meet in special session as often24
as the president of the commission convenes them or on written request of two25
members. Four members of the commission shall constitute a quorum; however, a26
member may be represented at any meeting by his designee who shall have all27 ENROLLEDHB NO. 26
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powers of a member at such meeting. The authority shall be domiciled in the parish1
where the contracting municipalities are located of Madison and maintain suitable2
offices in the such parish.3
* * *4
SUBPART B-36. ECONOMIC DEVELOPMENT AUTHORITIES LOCATED IN5
CERTAIN PARISHES TERREBONNE ECONOMI C DEVELOPMENT AUTHORI TY6
§130.721. Economic development authorities; parishes with a population of not7
more than one hundred twenty thousand persons and not less than one8
hundred four thousand persons Terrebonne Economic Development9
Authority; governing board; budget10
A. The provisions of this Subpart shall be applicable to any economic11
development authority located in any parish with a population of not more than one12
hundred twenty thousand persons and not less than one hundred four thousand13
persons according to the latest federal decennial census the Terrebonne Economic14
Development Authority.15
* * *16
SUBPART L. HOME RULE CHARTER PARISHES WITH POPULATIONS IN17
EXCESS OF FOUR HUNDRED THOUSAND ZONING AUTHORITY; JEFFERSON18
PARISH19
§140.181. Zoning authority; Jefferson Parish20
In any parish which has adopted a home rule charter and has a population of21
four hundred thousand or more, the governing authority of the parish The governing22
authority of the parish of Jefferson may prepare, enact, and enforce comprehensive23
plans for the parish to divide the parish into districts or zones restricting and24
regulating therein the location, erection, construction, reconstruction, alteration, and25
use of buildings, structures, and land for trade, industry, residence, and other uses,26
in accordance with its home rule charter and in accordance with any local or general27
law granting zoning authority to local governmental subdivisions.28
* * *29 ENROLLEDHB NO. 26
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§151. Petition for annexation of territory1
Whenever one-third in number and value of the bona fide owners of any lots2
or land, lying contiguous and adjacent to the territorial corporate limits of any city3
or town, the city of New Orleans excepted, or, whenever one-half in number and4
value of the bona fide owners of any lots or land, lying contiguous and adjacent to5
the corporate limits of any city located in a parish which parish has a population of6
between one hundred fifteen thousand and one hundred twenty-five thousand persons7
desire that such lots or land be annexed to and included in the territorial corporate8
limits of any such adjacent and contiguous city or town, so as to constitute a part9
thereof, or whenever one-fourth in number of the bona fide owners of any lots or10
land, lying contiguous and adjacent to the corporate limits of any city located in the11
parish of Rapides desire that such lots or land be annexed to and included in the12
territorial corporate limits of any such adjacent and contiguous city or town, so as to13
constitute a part thereof, they shall present to the mayor and governing body of such14
city or town as constituted by law, by whatever name called, a petition in writing15
signed by them, setting forth their desire that said such lots or land shall be annexed16
to and included in the territorial corporate limits of such city or town, so as to17
constitute a part thereof, and therein also fully setting forth the boundaries and18
accurate description of such lots or land which they desire to be annexed to and19
included in the territorial corporate limits of such adjacent and contiguous city or20
town.21
* * *22
§172. Petition to annex territory; valuation of property; notice of filing petition;23
hearing concerning proposed ordinance; alternative methods24
* * *25
F.(1) Except as provided in Subsections C and D of this Section and in R.S.26
33:172.1 and 172.2, the governing authority of a municipality within a parish the27
parish of St. Tammany, other than a municipality with a population of more than28
twenty-five thousand persons, may annex vacant land contiguous to its borders only29
in accordance with the procedure provided in this Subsection. As used in this30 ENROLLEDHB NO. 26
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Subsection, "parish" means any parish operating under a home rule charter with a1
population between one hundred ninety-one thousand and two hundred thirty2
thousand based on the most recent federal decennial census. "Parish" shall not3
include any parish with a consolidated form of government.4
* * *5
§365. Naming of town hall in certain municipalities; town of Jonesboro6
Notwithstanding R.S. 14:316 or any other law to the contrary, any governing7
authority in any municipality having a population of between four thousand three8
hundred five and four thousand three hundred ten according to population estimates9
of the U.S. Bureau of the Census from April 1, 1990 through July 1, 1996 The10
governing authority of the town of Jonesboro may name its town hall after Richard11
Zuber, its former long-time mayor.12
* * *13
§423.11. Certain municipalities City of Winnfield; disciplinary action by chief of14
police15
Notwithstanding any other provision of law to the contrary, in and for any16
municipality having a population of fewer than six thousand two hundred and more17
than five thousand nine hundred persons as of the 1990 federal census the city of18
Winnfield, the chief of police may take whatever steps are necessary to effect19
disciplinary action concerning police personnel, including but not limited to20
suspension for not longer than three days. Any such disciplinary action shall be21
taken without regard to race, creed, or color.22
* * *23
§423.14. Assistant police chief; certain municipalities city of Westwego24
Notwithstanding the provisions of any law to the contrary, the duties of the25
assistant chief of police of any municipality with a population of at least ten26
thousand five hundred but not more than ten thousand nine hundred persons as of the27
most recent federal decennial census the city of Westwego shall be determined by28 ENROLLEDHB NO. 26
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the chief of police for the municipality, and the assistant chief shall act as chief in the1
administration of the police department in the absence of the police chief.2
* * *3
§423.20. Certain municipalities Town of White Castle; authority over personnel by4
elected chief of police5
Notwithstanding the provisions of R.S. 33:423 or any other provision of law6
to the contrary, in and for any municipality having a population of not more than one7
thousand nine hundred fifty-five persons and not less than one thousand eight8
hundred fifty-five persons according to the latest federal decennial census the town9
of White Castle, the chief of police shall appoint, promote, discipline, and discharge10
police personnel subject to the budgetary limitations of the mayor and town council11
pertaining to the number of allotted positions for the police department.12
§423.21. Certain municipalities Town of Independence; authority over personnel by13
elected chief of police14
Notwithstanding the provisions of R.S. 33:423 or any other provision of law15
to the contrary, in and for any municipality having a population of not more than one16
thousand eight hundred persons and not less than one thousand six hundred fifty17
persons according to the latest federal decennial census and located in any parish18
with a population of not more than one hundred four thousand persons and not less19
than ninety-eigh t thousand five hundred persons according to the latest federal20
decennial census the town of Independence, the chief of police shall appoint,21
promote, discipline, and discharge police personnel subject to the budgetary22
limitations of the mayor and town council pertaining to the number of allotted23
positions for the police department.24
* * *25
§441.30. Village with a population greater than three hundred ten and less than three26
hundred twenty-five Village of Evergreen; appointment of court magistrate;27
duties; salary28
The board of aldermen of a village with a population greater than three29
hundred ten and less than three hundred twenty-five the village of Evergreen shall,30 ENROLLEDHB NO. 26
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upon request of the mayor, appoint an attorney who shall be designated as court1
magistrate and who shall serve at the pleasure of the mayor and may from time to2
time be designated by the mayor to serve in his stead as the presiding official over3
the mayor's court. Whenever the magistrate is so designated by the mayor to preside4
over the mayor's court, he shall exercise the powers and authority of the mayor over5
said court. The magistrate shall receive a salary fixed and paid by the board of6
aldermen.7
* * *8
§447.2. Mayor's court; town of Kinder certain municipalities; additional court costs9
Notwithstanding any other provision of law to the contrary, the mayor in the10
town of Kinder and any incorporated municipality having a population of more than11
two thousand but less than twenty-two hundred, according to the most recent12
decennial census, mayors of the municipalities of Benton, Blanchard, Brusly,13
Delcambre, Erath, Golden Meadow, Greenwood, Jean Lafitte, Kinder, Oak Grove,14
Port Barre, Richwood, Simmesport, and White Castle may also impose additional15
court costs not to exceed twenty dollars for each offense, as defined by ordinance,16
on any defendant convicted of a violation of a municipal ordinance.17
* * *18
§1236. Powers of parish governing authorities19
The police juries and other parish governing authorities shall have the20
following powers:21
* * *22
(60) The governing authority of Iberia Parish and any parish with a23
population between fifty thousand and fifty-three thousand seven hundred, and24
between seventy-five thousand and eighty-five thousand persons authorities of the25
parishes of Ascension, Iberia, St. Mary, and Vernon shall have a privilege against26
property for the amount of any unpaid service charge or user fee for sewage disposal27
services of any sewage district located in the parish. The Each such governing28
authority may provide by ordinance for the filing into the public records of notice of29
nonpayment of a service charge or user fee for sewage disposal services in any of the30 ENROLLEDHB NO. 26
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sewage districts located in the parish. The filing of such notice of nonpayment shall1
perfect the privilege against the property for which such charge or fee is not paid2
which shall be prior in rank to mortgages, vendor's privileges, and all other privileges3
except tax privileges. The ordinance shall provide for notice by certified mail, prior4
to filing such notice in the public records, to any person who fails to pay such service5
charges or user fees that a privilege exists upon the property for the amount of such6
unpaid charges or fees and that such privilege will be perfected by the filing of a7
notice of nonpayment in the public records. Not less than thirty days after mailing8
such notice and only after the person's subsequent failure to pay such charge or fee9
within the thirty days, the notice of nonpayment may be filed in the mortgage records10
of the parish.11
* * *12
(62)(a) The governing authority of any parish with a population of between13
thirty-nine and fifty thousand according to the latest federal decennial census and14
which is located adjacent to the Mississippi River authorities of the parishes of St.15
Charles and St. John the Baptist may levy and collect an ad valorem tax not to16
exceed five mills on all taxable property in the parish their respective parishes for the17
purpose of providing additional funds for the construction of a hurricane protection18
levee and related drainage structures, including but not limited to pumps and19
pumping stations, located within the boundaries of the parish their respective20
parishes. In addition, the governing authority of each such parish, with the approval21
of the State Bond Commission and the parish electorate, is authorized to issue bonds22
for the purpose of construction of such levees and drainage structures.23
* * *24
(63)(a) The governing authority of any parish with a population of not less25
than four hundred twenty-five thousand whose boundaries are not coterminous with26
a single municipality the parish of Jefferson may adopt an ordinance which27
establishes a maximum allowable wake created by any vessel on the waterways of28
that parish, if such waterways are within the boundaries or immediately abutting any29
national park. The maximum allowable wake established by such ordinance,30 ENROLLEDHB NO. 26
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regardless of the speed or size of the vessel, may be fifteen inches in vertical height1
measured from the ambient tide level to the crest of the vessel's bow wave at a2
distance not less than twenty-five feet from the vessel. "No Wake" zones shall be3
posted on any waterways affected by such ordinance.4
* * *5
§1236.5. Authority of police juries parish governing authorities to furnish space to6
community service centers ; St. Bernard Parish7
The police juries of parishes having a population of between 45,000 and8
52,000 according to the 1970 census governing authority of the parish of St. Bernard9
shall have the power to furnish office space and secretarial assistance to community10
service centers or multi-service multiservice centers, located within the parish, which11
assist and counsel members of the public concerning all social services.12
* * *13
§1236.20. Liens for removal and securing dangerous structures; maintenance of14
property; interest; assistance of national guard; Iberia Parish15
A.(1) The governing authority of a parish with a population between sixty-16
seven thousand five hundred and sixty-nine thousand based on the 1990 Census the17
parish of Iberia may:18
* * *19
C.20
* * *21
(3)(a) Any person desiring to be notified in the event a specific, immovable22
property will be subject to post-adjudication sale may file a request for such notice23
in the mortgage records of the parish in which the property is located.24
* * *25
§1243. Maximum penalties26
A.(1) In any parish with a population of four hundred twenty-five thousand27
or less Except as otherwise provided in this Section, the maximum penalty which28 ENROLLEDHB NO. 26
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may be imposed for violation of any parish ordinance shall be a fine of five hundred1
dollars and imprisonment of thirty days in the parish jail.2
* * *3
B.(1) In any parish with a population in excess of four hundred twenty-five4
thousand, which parish contains at least one parish boundary abutting or lying within5
Lake Pontchartrain, the parish of Jefferson the maximum penalty which may be6
imposed for violation of any parish ordinance shall be a fine of five hundred dollars7
and imprisonment of six months in the parish jail.8
* * *9
§1324. Grant of authority to parishes, municipalities, police juries, harbor districts10
and terminal districts to act jointly11
Any parish, municipality or political subdivision of the state, or any12
combination thereof, may make agreements between or among themselves to engage13
jointly in the construction, acquisition or improvement of any public project or14
improvement, the promotion and maintenance of any undertaking or the exercise of15
any power, provided that at least one of the participants to the agreement is16
authorized under a provision of general or special law to perform such activity or17
exercise such power as may be necessary for completion of the undertaking. Such18
arrangements may provide for the joint use of funds, facilities, personnel or property19
or any combination thereof necessary to accomplish the purposes of the agreement,20
and such agreements may include but are not limited to activities concerning:21
* * *22
(9) The reassessment or reappraisal of property subject to ad valorem23
taxation in a parish with a population in excess of four hundred thousand the parishes24
of East Baton Rouge, Jefferson, and Orleans, in which event each party to said the25
agreement is hereby authorized to contribute any portion of its funds as are deemed26
necessary to accomplish said such activity, notwithstanding any previous law or parts27
of law in conflict herewith.28
* * *29 ENROLLEDHB NO. 26
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§1415. Governing authorities of parishes and municipalities; power to abolish1
entities created by them; fiscal, budgetary and other controls; appointment2
and terms of members of certain entities3
* * *4
G.(1) Notwithstanding any provisions of law to the contrary, when a board5
or commission, other than a hospital service district, whether presently created or6
hereafter created by the governing authority of any parish, exercises governmental7
functions within a municipality, the governing authority of the municipality shall8
appoint a member to such board or commission. The governing authority of the9
municipality shall also have the power to remove and replace such member.10
(2) The provisions of this Subsection shall not be applicable to parishes with11
populations of more than four hundred twenty-five thousand persons and less than12
four hundred seventy-five thousand persons the parish of Jefferson or to parish13
library boards.14
* * *15
§1429.1. Funds for other law enforcement purposes; Vernon Parish16
A. The sheriff of Vernon Parish may use any available funds of his office or17
of the law enforcement district to engage in cooperative endeavors with other law18
enforcement agencies within the parish for law enforcement purposes. In furtherance19
of such cooperative endeavors, he may provide funding to other law enforcement20
agencies in the parish.21
B. This Section shall apply only to the sheriff in any parish with a population22
of not more than fifty-three thousand persons and not less than fifty thousand persons23
as provided in the most recent federal decennial census.24
* * *25
§1448. Group insurance; kinds; amounts; subrogation26
* * *27
G.(1) Notwithstanding the provisions of Subsection D of this Section, the28
premium costs of group hospital, surgical, medical expense, and dental insurance and29
the first ten thousand dollars of life insurance contracted for under the provisions of30 ENROLLEDHB NO. 26
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this Section shall be paid in full from the sheriff's general fund for all sheriffs and1
deputy sheriffs retired with at least fifteen years of service who are at least fifty-five2
years of age or retired with at least thirty years of service at any age. The provisions3
of this Subsection shall be applicable only to the sheriffs' offices of the parishes of4
Bossier, St. Bernard, St. Martin, Acadia, Allen, Avoyelles, Beauregard, Caddo,5
Calcasieu, Caldwell, Cameron, Catahoula, Concordia, East Feliciana, Grant,6
Iberville, Jackson, Jefferson Davis, Lafayette, Lincoln, Livingston, Morehouse,7
Natchitoches, Pointe Coupee, Rapides, Red River, St. James, Tangipahoa, Union,8
Vermilion, Vernon, Washington, West Baton Rouge, West Carroll, and West9
Feliciana, and any parish with a population of between one hundred thousand and10
one hundred two thousand according to the latest federal decennial census and the11
sheriff of the Civil District Court of the parish of Orleans, for their respective12
retirees. The provisions of this Subsection shall also apply to the employees of the13
Sheriffs' Pension and Relief Fund and the Louisiana Sheriffs' Association, which14
fund and association shall pay the premium costs for their employees.15
* * *16
§1521. Fees of criminal sheriff from sureties for return of fugitives; Orleans Parish17
The criminal sheriff in parishes having a population of four hundred seventy-18
five thousand or more the parish of Orleans shall collect from sureties when a19
fugitive is returned to the custody of the criminal sheriff, the following fees and20
charges:21
* * *22
§1573. Title to property in office of coroner23
Notwithstanding the provisions of R.S. 33:4713, the coroner of any parish24
with a population between four hundred thousand and four hundred seventy-five25
thousand as established by the 1990 U.S. Decennial Census the parish of Jefferson,26
or his designee, may purchase and equip such real property as is necessary in the27
performance of his duties, including but not limited to a morgue, regional or local28
forensic center, and criminalistics lab. The ownership of such real property shall be29 ENROLLEDHB NO. 26
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vested in the name of the office of the coroner provided no parish funds are1
expended.2
* * *3
§1967. Captain of force4
* * * 5
C. Notwithstanding the provisions of Subsection A of this Section or any law6
to the contrary, the fire department in any municipality with a population between7
two hundred ten thousand and four hundred ten thousand as of the most recent8
federal decennial census the city of Baton Rouge and any fire protection district9
comprised of unincorporated areas of a parish with a population of greater than four10
hundred twenty thousand as of such census the parish of Jefferson may continue the11
staffing procedures in effect on July 2, 1999.12
* * *13
§1976. Naming of central fire station in certain municipalities; city of Shreveport14
Notwithstanding R.S. 14:316 or any other law to the contrary, a municipal15
governing authority in a municipality having a population of at least one hundred16
fifty thousand but less than two hundred twenty-five thousand persons, according to17
the most recent federal decennial census, The governing authority of the city of18
Shreveport may name the central fire station in honor of a former fire chief who19
meets the following criteria:20
* * *21
§1992. Minimum salaries22
A. The minimum monthly salaries of firemen in municipalities having a23
population of twelve thousand or more and in the city of Bastrop and of all parish24
and fire protection district paid firemen, including salaries payable out of the avails25
of any special tax provided by the Constitution of Louisiana for increasing the pay26
of firemen, shall be in accordance with the following schedule, and such salaries27
shall be paid semi-monthly not later than the fifth and twentieth day of each calendar28
month:29
* * *30 ENROLLEDHB NO. 26
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D. Notwithstanding any other law to the contrary, Paragraph (A)(9) of this1
Section, as such Paragraph exists on April 1, 2001, shall apply to the fire department2
of any incorporated city with a population of not less than two hundred thousand and3
not more than two hundred twenty-five thousand persons as of the latest federal4
decennial census In the city of Shreveport, a fire alarm operator or dispatcher, or any5
other person doing this type of work for the fire department of the city, shall receive6
a minimum monthly salary of not less than twenty-five percent above that of a7
fireman.8
* * *9
§2213. Maximum hours; overtime or compensatory time; exceptions for certain10
cities11
* * *12
H.(1) Any municipality subject to the provisions of this Subpart, to13
maximize police protection, may establish and implement a fourteen-day shift cycle14
for all full-time paid patrolmen, patrolmen first class, sergeants, lieutenants, captains,15
or any other employees of the police department except those in a position, grade,16
or class above that of captain which may require such officers to work Monday,17
Tuesday, Friday, Saturday, and Sunday of the first week of the cycle, and18
Wednesday and Thursday of the second week of the cycle. The workday shall19
consist of twelve hours on the above specified days. Such officers shall be paid20
overtime at one and one-half times their usual salary when the number of hours21
worked during the two-week cycle exceeds eighty hours or shall be credited with22
compensatory time on a one and one-half basis for all hours in said cycle that exceed23
eighty hours.24
(2) The provisions of Subsection A of this Section and the provisions of this25
Subsection shall not apply to a municipality with a population of fewer than twelve26
thousand seven hundred persons according to the most recent federal decennial27
census.28
* * *29 ENROLLEDHB NO. 26
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§2423. Corrective or disciplinary action for maintaining standards of service ; cities1
with a population in excess of 450,000 2
A. When any employee in the classified service is unable or unwilling to3
perform the duties of his position in a satisfactory manner or has committed any act4
to the prejudice of the service, or has omitted to perform any act that it was his duty5
to perform, or otherwise has become subject to corrective action, the appointing6
authority shall take action warranted by the circumstances to maintain the standards7
of effective service. The action may extend to (1) removal from the service, (2)8
retirement under any provision of law applicable, (3) reduction in pay to the next9
lower rate in the scale for the class, (4) demotion to any position of a lower class that10
the employee is deemed by the appointing authority and the director to be competent11
to fill, or (5) suspension without pay for a period not exceeding in the aggregate sixty12
days in any continuous period of twelve months, or (6) reprimand or other less13
drastic measure of discipline which the appointing authority considers proper. In14
municipalities having a population in excess of 450,000, the action may extend to (1)15
removal from the service, (2) retirement under any provision of law applicable, (3)16
demotion to any position of a lower class that the employee is deemed by the17
appointing authority and the director to be competent to fill, (4) suspension without18
pay for a period not exceeding in the aggregate sixty days in any continuous period19
of twelve months.20
* * *21
§2536.3. Compensation of members; certain municipalities city of Plaquemine22
Notwithstanding any provision of this Part to the contrary, in a municipality23
with a population of not less than seven thousand one hundred fifty persons and not24
more than seven thousand two hundred fifty persons as of the most recent federal25
decennial census the city of Plaquemine, members of the civil service board of such26
a the city may receive from funds available to the board a per diem for attendance27
at meetings of the board for a maximum of twenty-four days per year in amounts not28
to exceed the following:29
* * *30 ENROLLEDHB NO. 26
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§2569. Assistant police chief; certain municipalities city of Westwego1
Notwithstanding the provisions of R.S. 33:2541 or any other law to the2
contrary, the position of assistant chief of police for any municipality with a3
population of at least ten thousand five hundred but not more than ten thousand nine4
hundred persons as of the most recent federal decennial census the city of Westwego5
shall be in the unclassified service, and the right of selection, appointment,6
supervision, and discharge for such positions any such position shall be vested in the7
chief of police of the municipality city.8
* * *9
§2582. Parochial employees; conversion of annual leave into financial benefit ;10
Jefferson Parish 11
A. Eligibility. (1) Any employee of a parish governing authority the12
governing authority of the parish of Jefferson who has been in parish service in a13
parish with a population in excess of four hundred twenty-five thousand the parish14
for at least seven years of continuous service and has accumulated a total of not less15
than ninety days of annual leave credit shall have the option to convert certain16
portions of such annual leave into financial benefit.17
(2) Any employee of a the parish governing authority who has been in parish18
service in a the parish with a population in excess of four hundred twenty-five19
thousand for at least five years of continuous service and has accumulated less than20
ninety annual leave days but at least forty-two days may in an emergency apply to21
the personnel board of the agency for permission to convert certain portions of such22
annual leave into financial benefit.23
* * *24
§2584. Local civil service; inclusion of employees 25
* * *26
B. The provisions of this Section shall not apply, or be interpreted or27
construed to apply, to any municipality having a population of five hundred thousand28
or more, or to any municipality or parish which pursuant to Article X, Section 14 of29
the Louisiana Constitution elects to be governed by the provisions of Part I of Article30 ENROLLEDHB NO. 26
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X of the Louisiana Constitution; nor shall the provisions of this Section authorize,1
or be interpreted or construed to authorize, the inclusion in any local civil service of2
firemen or policemen in contravention of the provisions of Article X, Section 19 of3
the Louisiana Constitution.4
* * *5
§2586. Fire and police civil service; incentive pay6
The fire and police civil service board of any municipality with a population7
of less than four hundred seventy-five thousand, and the civil service board of any8
municipality, parish, or fire protection district with a classified fire and police civil9
service system established as provided in R.S. 33:2471 or 2531 may establish a plan10
for awarding incentive pay to classified employees. The plan shall include the11
criteria for eligibility for incentive pay, the method by which classified employees12
shall be reviewed for eligibility, and how such eligibility shall be determined.13
Determination of the amount of incentive pay and which classified employees are to14
receive incentive pay shall be made by the appointing authority for the municipality,15
parish, or fire protection district subject to available funds budgeted for such16
purpose. The incentive pay awarded under the provisions of this Section shall be in17
addition to any other salary the classified employee is entitled to receive from the18
municipality, the state, or any other governmental entity.19
* * *20
§2711. Tax authorized; rate; sales tax districts; certain municipalities21
* * *22
B. In addition to the exemptions from the state sales and use tax as set forth23
in R.S. 47:305 through 305.15, or as same may be hereafter amended, any24
municipality having a population of between fifty-four thousand and seventy-one25
thousand according to the 1990 federal census, authorized to levy a sales and use tax26
by the provisions of this Section, or by the provisions of any other statute, et seq., the27
municipalities of Lake Charles and Monroe shall have the authority to exempt drugs28
prescribed by physicians for personal consumption and use, and wheelchairs and29 ENROLLEDHB NO. 26
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prosthetic devices, and food purchased for personal consumption off the premises1
where purchased, for the sales and use tax so levied.2
* * *3
D.(1) Notwithstanding any other provision of law to the contrary and in4
addition to any other authority granted by law, the governing authority of any5
municipality with a population of not less than six thousand five hundred and not6
more than seven thousand five hundred persons based on the latest federal decennial7
census and located in a parish with a population of not less than forty-eight thousand8
two hundred fifty and not more than fifty thousand persons based on the latest9
federal decennial census and any municipality with a population of not less than10
three thousand nine hundred fifty and not more than four thousand persons according11
to the most recent federal decennial census authorities of the municipalities of12
Breaux Bridge, St. Martinville, and Youngsville may create sales tax districts13
consisting of a portion of such municipality their respective municipalities. Each14
sales tax district, as a political subdivision of the state, is authorized to levy and15
collect an additional one percent sales and use tax upon the sale at retail, the use, the16
lease or rental, the consumption, and the storage for use or consumption of tangible17
personal property and on sales of services, as defined by law, if approved by a18
majority of the electors of the district voting thereon in an election held for that19
purpose. The governing authority of a sales tax district shall be the governing20
authority of the municipality, the domicile of the sales tax district shall be the regular21
meeting place of the municipality, and the officers of the sales tax district shall be22
officers of the municipality. The proceeds of the additional sales tax levied pursuant23
to the provisions of this Subsection shall be used by the governing authority of the24
municipality, under the terms and provisions of an intergovernmental agreement25
between the municipality and the sales tax district, for paying the costs and expenses26
of constructing, improving, and maintaining the municipality's infrastructure which27
serves properties located in the municipality or shall be used to promote the28
economic development of the sales tax district and the municipality, and may be29
funded into bonds for such purposes in the manner provided by state law. The tax30 ENROLLEDHB NO. 26
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authorized pursuant to the provisions of this Subsection shall be collected as1
provided in the Uniform Local Sales Tax Code and other applicable provisions of2
law. The boundaries of any sales tax district as specified by the governing authority3
shall be wholly within the corporate limits of the municipality and shall not overlap4
any other municipal sales tax district.5
* * *6
§2711.7. Tax authorized; parishes with population exceeding four hundred thousand7
but not in excess of five hundred thousand parishes of East Baton Rouge,8
Jefferson, and Orleans9
A. Notwithstanding any other provision of law, the governing body of any10
parish having a population exceeding four hundred thousand but not in excess of five11
hundred thousand according to the latest regular federal census for which the official12
figures have been made public is authorities of the parishes of East Baton Rouge,13
Jefferson, and Orleans are hereby authorized subject to voter approval to levy and14
collect within the limits of said parish their respective parishes a tax not to exceed15
one percent upon the occupancy of hotel rooms located within said parish their16
respective parishes.17
* * *18
§2711.16. Certain municipalities Municipalities in Tensas Parish; authority to levy19
additional sales and use tax; population less than eight thousand20
A. Notwithstanding any provision of law to the contrary, the governing21
authority of any municipality in a parish with a population of less than eight22
thousand according to the latest federal decennial census the parish of Tensas may23
levy and collect an additional one percent sales and use tax within the corporate24
limits of the municipality.25
* * *26 ENROLLEDHB NO. 26
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§2717.18. Municipalities of over 400,000 population City of New Orleans; not1
applicable2
R.S. 33:2717.1-33:2717.17 does not apply to municipalities of a population3
of over four hundred thousand (400,000) The provisions of R.S. 33:2717.1 through4
2717.17 shall not be applicable to the city of New Orleans.5
* * *6
§2721.7. Additional sales and use tax authorized 7
A.(1) In addition to any other authority granted by a home rule charter or8
otherwise, the governing authority of any parish or school board in any parish having9
a population of more than sixty thousand people and less than seventy thousand10
people according to the latest federal decennial census of record and in which parish11
there is located a permanent federal military installation Vernon Parish or the Vernon12
Parish School Board may levy and collect an additional parishwide tax upon the sale13
at retail, the use, the lease or rental, the consumption, and the storage for use or14
consumption of tangible personal property and on sales of services as defined by law,15
if approved by a majority of electors voting therein in an election held for that16
purpose.17
* * *18
§2721.14. Authorization to levy and collect additional sales and use tax in certain19
parishes; Livingston Parish20
A.(1) Notwithstanding any other provision of law to the contrary, the21
governing authority of any parish having a population in excess of ninety-one22
thousand persons, but fewer than ninety-three thousand persons, as determined by23
the most recent federal decennial census, the parish of Livingston may levy and24
collect an additional one-half of one percent sales and use tax within the parish under25
the provisions of Article VI, Section 29(B) of the Constitution of Louisiana, which26
additional sales and use tax shall not be subject to the combined rate limitations27
established by Article VI, Section 29(A) of the Constitution of Louisiana, nor any28
other provision of law to the contrary, including the combined rate limitation29
established by R.S. 33:2721.6.30 ENROLLEDHB NO. 26
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(2) The authority granted in this Section shall not limit any prior taxing1
authority granted to the parish or any other political subdivision by any other2
provisions of law including any authority granted to any other political subdivision3
to exceed the rate limitations cited in Paragraph (1) of this Subsection.4
B. The proceeds of the tax herein authorized pursuant to this Section shall5
be used for such purposes as are determined by the parish governing authority of6
such parishes, including the funding of the avails of the additional tax into bonds in7
the manner provided by law.8
C. The sales and use tax so levied shall be imposed by ordinance of the9
parish governing authority of such parish and shall be levied upon the sale at retail,10
the use, lease, or rental, consumption, and the storage for use or consumption of11
tangible personal property, and on sales of services in the parish, all as defined in12
Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950.13
However, the ordinance imposing the tax shall be adopted by the governing authority14
only after the question of the imposition of the tax has been submitted to the15
qualified electors of such the parish, in accordance with the election laws of the state16
of Louisiana, and a majority of those voting in the election have voted in favor of the17
imposition of the tax.18
D. The tax authorized by this Section shall be in addition to all other sales19
and use taxes being collected by the respective governing authorities parish20
governing authority and shall be collected at the same time and in the same manner21
as set forth in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes22
of 1950.23
* * *24
§2737.52. Certain parish school boards; authority to levy additional sales and use25
tax 26
A. Any parish school board in a parish with a population in excess of four27
hundred thousand but less than four hundred sixty thousand according to the latest28
federal census is The East Baton Rouge Parish School Board and the Jefferson Parish29
School Board are hereby authorized to levy and collect, for a period not exceeding30 ENROLLEDHB NO. 26
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three years from the date of the first levy thereof, an additional sales and use tax not1
to exceed one-half percent within said parish their respective parishes.2
* * *3
§2737.56. Certain parish school boards, authority to levy additional sales and use4
tax 5
A. Any parish school board in a parish with a population in excess of four6
hundred thousand but less than four hundred eighty thousand according to the latest7
federal census is The East Baton Rouge Parish School Board and the Jefferson Parish8
School Board are hereby authorized to levy and collect an additional sales and use9
tax not to exceed one-half percent within said the parish.10
* * *11
§2737.66. Authority to levy additional sales and use tax; creation of special12
districts; parish school boards in parishes with a population between one13
hundred twenty-five thousand and one hundred thirty-five thousand Rapides14
Parish School Board15
A. Any parish school board in a parish with a population in excess of one16
hundred twenty-five thousand but less than one hundred thirty-five thousand17
according to the latest federal decennial census The Rapides Parish School Board is18
hereby authorized to levy and collect an additional sales and use tax not to exceed19
one percent.20
* * *21
C.(1) The governing authority of the respective parish school district is22
authorized to create a special district or districts to utilize the additional tax23
authorized herein. Any special district or districts so created may contain all or any24
portion of territory contained within the boundaries of the parish.25
* * *26 ENROLLEDHB NO. 26
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§2737.71. Certain school boards Tensas Parish School Board; authority to levy and1
collect additional sales and use tax; population between five thousand and2
nine thousand3
A. Any school board in a parish having a population of more than five4
thousand but fewer than nine thousand persons as of the most recent federal5
decennial census The Tensas Parish School Board may levy and collect an additional6
sales and use tax not in excess of one-half of one percent.7
* * *8
§2737.73. Certain school boards Madison Parish School Board; authority to levy9
and collect additional sales and use tax; population between 13,000 and10
14,00011
A. Any school board in a parish having a population of more than thirteen12
thousand but fewer than fourteen thousand persons as of the most recent federal13
decennial census The Madison Parish School Board may levy and collect an14
additional sales and use tax not in excess of one percent.15
* * *16
§2737.74. Authorization to levy and collect additional sales and use tax in certain17
parishes; population between forty-two thousand five hundred and forty-three18
thousand five hundred; parishes of Lincoln, St. John the Baptist, and19
Washington20
A. Notwithstanding any other provision of law to the contrary, the governing21
authority of any parish having a population in excess of forty-two thousand five22
hundred but fewer than forty-three thousand five hundred persons, as determined by23
the most recent federal decennial census authorities of the parishes of Lincoln, St.24
John the Baptist, and Washington, may levy and collect an additional one percent25
sales and use tax within the parish their respective parishes under the provisions of26
Article VI, Section 29(B) of the Constitution of Louisiana, which additional sales27
and use tax shall not be subject to the combined rate limitations established by28
Article VI, Section 29(A) of the Constitution of Louisiana, nor the combined rate29
limitation established by R.S. 33:2721.6.30 ENROLLEDHB NO. 26
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B. The sales and use tax so levied shall be imposed by ordinance of the1
governing authority of such the parish and shall be levied upon the sale at retail, the2
use, lease, or rental, consumption, and the storage for use or consumption of tangible3
personal property, and on sales of services in the parish, all as defined in Chapter 24
of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950. However, the5
ordinance imposing the tax shall be adopted by the governing authority only after the6
question of the imposition of the tax has been submitted to the qualified electors of7
such the parish at an election to be conducted on or before July 31, 2000, in8
accordance with the election laws of the state of Louisiana, and a majority of those9
voting in the election have voted in favor of the imposition of the tax.10
* * *11
§2738.84. Authorization to levy and collect additional sales and use tax in certain12
parishes and municipalities13
A.14
* * *15
(2)(a) Notwithstanding any other provision of law to the contrary, the16
governing authority of a parish having a population in excess of three hundred and17
fifty thousand but fewer than four hundred and thirty-five thousand persons, as18
determined by the most recent federal decennial census, the parish of East Baton19
Rouge may levy and collect an additional one percent sales and use tax within the20
parish under the provisions of Article VI, Section 29(B) of the Constitution of21
Louisiana, which additional sales and use tax shall not be subject to the combined22
rate limitations established in Article VI, Section 29(A) of the Constitution of23
Louisiana, nor any other provision of law to the contrary.24
(b) Notwithstanding any other provision of law to the contrary, the25
governing authority of any municipality located in a parish having a population in26
excess of three hundred and fifty thousand and fewer than four hundred and thirty-27
five thousand persons, as determined by the most recent federal decennial census, the28
parish of East Baton Rouge may levy and collect an additional one percent sales and29
use tax within the municipality under the provisions of Article VI, Section 29(B) of30 ENROLLEDHB NO. 26
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the Constitution of Louisiana, which additional sales and use tax shall not be subject1
to the combined rate limitations established in Article VI, Section 29(A) of the2
Constitution of Louisiana, nor any other provision of law to the contrary.3
(3) Notwithstanding any other provision of law to the contrary, the4
governing authority of a parish having a population in excess of four hundred and5
seventy thousand persons, as determined by the most recent federal decennial census,6
the parish of Orleans may levy and collect an additional one percent sales and use7
tax within the parish under the provisions of Article VI, Section 29(B) of the8
Constitution of Louisiana, which additional sales and use tax shall not be subject to9
the combined rate limitations established in Article VI, Section 29(A) of the10
Constitution of Louisiana, nor any other provision of law to the contrary.11
* * *12
§2738.85. Authorization to levy and collect additional sales and use tax ; Lafayette13
Parish14
A.(1) Notwithstanding any other provision of law to the contrary, any parish15
having a population in excess of one hundred eighty-seven thousand, but fewer than16
one hundred ninety-one thousand people as determined by the most recent federal17
decennial census the parish of Lafayette, the largest municipality within such parish,18
and any sales tax district or districts created by the governing authority of such19
parish pursuant to R.S. 33:2721.6 may levy and collect an additional sales and use20
tax of up to one percent pursuant to the provisions of Article VI, Section 29(B) of the21
Constitution of Louisiana; provided that such levy shall not result in an increase in22
the rate of the sales and use tax levied within the parish or any portion of the parish23
in excess of one percent. The additional sales and use tax shall not be subject to the24
combined rate limitations established by Article VI, Section 29(A) of the25
Constitution of Louisiana, nor any other provision of law to the contrary, including26
the combined rate limitation established by R.S. 33:2721.6.27
* * *28 ENROLLEDHB NO. 26
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§2740.18. Hotel occupancy tax ; Jefferson and Orleans parishes1
A.(1) Except as provided in Subsection D of this Section, in addition to any2
other tax or assessment levied or authorized by law, the governing authority3
authorities of any parish with a population in excess of four hundred forty thousand4
and less than five hundred twenty thousand is the parish of Jefferson and the parish5
of Orleans are hereby authorized and empowered to levy and collect a tax upon the6
paid occupancy of hotel rooms located within the respective parish. The hotel7
occupancy tax shall be one percent of the rent or fee charged for such occupancy.8
* * *9
§2740.18.1. Hotel occupancy tax in parishes with populations of not less than four10
hundred twenty-five thousand and not greater than four hundred seventy-five11
thousand Jefferson Parish12
A. The governing authority of any parish with a population not less than four13
hundred and twenty-f ive thousand and not greater than four hundred and seventy-14
five thousand the parish of Jefferson is hereby authorized and empowered to levy15
and collect a tax upon the paid occupancy of hotel rooms located on the east bank of16
the Mississippi River within the parish. The hotel occupancy tax shall be one17
percent of the rent or fee charged for such occupancy. The word "hotel" as used in18
this Section shall mean and include any establishment engaged in the business of19
furnishing or providing rooms intended or designated for dwelling, lodging, or20
sleeping purposes to transient guests, where such establishment contains two or more21
rooms. "Hotel" does not include any hospital, convalescent or nursing home, or22
sanitarium, or hotel-like facility operated by or in connection with a hospital or23
medical clinic providing rooms exclusively for patients and their families. The hotel24
occupancy tax shall be paid by the person who exercises or is entitled to occupancy25
of the hotel room and shall be paid at the time the rent or fee for occupancy is paid.26
"Person" as used herein shall have the same definition as that contained in R.S.27
47:301(8).28
* * *29 ENROLLEDHB NO. 26
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§2740.34. Tax authorization1
A. The governing authority of any parish with a population of between2
thirty-eight thousand and forty-five thousand and which is split by the Mississippi3
River authorities of the parishes of St. Charles and St. John the Baptist, or parishes4
acting jointly or in cooperation with one or more parishes as provided in Article VI,5
Section 20 of the Constitution of Louisiana, is are hereby authorized to levy a tax6
upon admission charges, concessions, and other sales of tangible personal property7
at motor vehicle speedway or racetrack facilities located within the parish, or8
parishes if such tax is levied in cooperation with other parishes. The tax shall be9
imposed by ordinance adopted by the parish or by each parish if the tax is levied in10
cooperation with one or more parishes. The tax shall not exceed two percent of11
admission charges, concession prices, or the price of other tangible personal property12
sold.13
* * *14
§2740.35. Economic development districts; city of New Orleans; creation,15
composition, and powers; preparation of plans; levy of ad valorem taxes and16
issuance of bonds17
A.(1) There is hereby created a special taxing district within any18
municipality with a population of four hundred seventy-five thousand or more19
persons the city of New Orleans comprised of the territory located within the20
boundary of Almonaster Avenue, one mile north of Hayne Boulevard/Lake21
Pontchartrain, the Industrial Canal, and the St. Tammany-Orleans Parish line.22
* * *23
§2740.36. Tax on dumped trash; certain districts in certain municipalities the city24
of New Orleans25
* * *26
B. Notwithstanding any provision of law to the contrary, the governing body27
of a business and industrial district located in a municipality having a population in28
excess of four hundred fifty thousand persons as of the most recent decennial census29
the city of New Orleans may levy and collect a tax on trash dumped in any area of30 ENROLLEDHB NO. 26
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the business and industrial district specified by district ordinance adopted pursuant1
to Paragraph (C)(2) of this Section.2
* * *3
§2740.37. Educational facilities improvement districts4
* * *5
B.(1)(a) There is hereby created in the school districts in Tangipahoa,6
Livingston, East Baton Rouge, West Baton Rouge, Webster, Jefferson, Lafayette,7
Sabine, DeSoto, Red River, Richland, Morehouse, Madison, Tensas, Natchitoches,8
Winn, East Carroll, West Carroll, LaSalle, Grant, Caldwell, Franklin, Ouachita, and9
Bienville, and St. Landry parishes, the city of Monroe, and the city of Baker, should10
a city of Baker municipal school system be established as provided by law, a11
political subdivision to be known as an educational facilities improvement district,12
hereinafter sometimes referred to as a "district". Each district shall have boundaries13
coterminous with the respective school district.14
(b) Additionally, in accordance with the legislative findings and15
determinations enumerated in Subsection A of this Section and in furtherance of the16
purposes specified in such Subsection, there is hereby created in the school districts17
in parishes having a population of between seventy-eight thousand and eighty-four18
thousand persons according to the most recent federal decennial census a political19
subdivision to be known as an educational facilities improvement district, hereinafter20
sometimes referred to as a "district". Each district shall have boundaries21
coterminous with the respective school district.22
* * *23
§2740.61. Downtown development district; certain municipalities city of24
Donaldsonville25
A historic district created and provided for by ordinance by the governing26
authority of any municipality with a population of more than seven thousand five27
hundred fifty but less than seven thousand six hundred fifty persons according to the28 ENROLLEDHB NO. 26
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latest federal decennial census the city of Donaldsonville shall be deemed to be and1
shall be recognized as a downtown development district.2
* * *3
§3892. Sewerage districts; certain parishes Tangipahoa Parish4
A. Notwithstanding any other provision of law to the contrary, the provisions5
of this Section shall apply to any parish sewerage district located in any parish with6
a population of not more than one hundred two thousand and not less than ninety-7
nine thousand persons, based on the latest federal decennial census the parish of8
Tangipahoa.9
* * *10
PART IV. PRIVATIZATION OF SEWERAGE AND WATER BOARD FACILITIES11
IN MUNICIPALITIES WITH A POPULATION OF 475,000 OR MORE THE CITY OF12
NEW ORLEANS13
§4159.10. Public sewage and water drainage disposal and treatment facilities;14
privatization; specific authorization procedures; city of New Orleans15
* * *16
B. Procedures. Prior to entering into any contracts or agreements relative to17
the ownership, operation, or maintenance of any sewerage and water board sewage18
or water disposal or treatment facility with a nonpublic entity , in any municipality19
with a population in excess of four hundred seventy-five thousand, in accordance to20
the most recent federal decennial census in the city of New Orleans the following21
procedures shall occur:22
* * *23
§4169. Collection contracts for sewerage service charges; access charges;24
enforcement procedures for delinquent charges25
* * *26
C. In parishes with a population of not less than four hundred twenty-five27
thousand nor more than four hundred seventy-five thousand the parish of Jefferson,28 ENROLLEDHB NO. 26
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any such contract as authorized in R.S. 33:4169 Subsections (A) A and (B) B of this1
Section may be executed for a term up to twenty-five years.2
* * *3
§4175. Public power authorities in municipalities with a population in excess of four4
hundred thousand the city of New Orleans5
* * *6
B.(1) Any municipality having a population in excess of four hundred7
thousand according to the most recent federal decennial census The city of New8
Orleans may create a public power authority as a political subdivision of the state of9
Louisiana constituting a legal entity separate and apart from the municipal10
corporation in accordance with the procedures established under the provisions of11
R.S. 33:4172 for the purpose of providing electric power and energy and/or and gas12
services solely to the municipality and its inhabitants and engaging in related13
activities in furtherance thereof.14
* * *15
§4305. Domicile; meetings; officers; bonds; depositories; compensation; rate fixing16
* * *17
B.18
* * *19
(2) Notwithstanding any contrary provision of this Subsection or of any other20
provision of law, in any parish having a population, according to the latest official21
federal decennial census, of not less than 250,000 or more than 325,000 in which22
there presently exists a single gas utility district the parish of East Baton Rouge, no23
member of the board of commissioners shall be paid a salary for his services, but24
may be paid a fee of up to fifty dollars for each meeting he attends as determined by25
the board, for not in excess of twenty-four regular and twelve special meetings in26
each year, and shall be entitled to reimbursement for all expenditures which he incurs27
in carrying on the business of the district. The meeting fee may be adjusted once28
annually to reflect the change in the valuation of the dollar; however, the total fee29
shall not exceed fifty dollars per meeting. The chief executive officer of the board,30 ENROLLEDHB NO. 26
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president or chairman, the vice-president vice president or vice-chairman vice1
chairman when he serves as chief executive officer, the secretary, the treasurer, or2
the secretary-trea surer may receive such reasonable additional compensation for3
administrative services as is commensurate with the duties to be performed.4
* * *5
SUBPART F. UTILITY COMMISSIONS IN MUNICIPALITIES OF 6,000 TO 7,0006
CERTAIN MUNICIPALITIES7
§4311. Creation of commission; membership8
The governing authorities of any municipality incorporated under the9
provisions of R.S. 33:321 to R.S. 33:481, having a population from six thousand to10
seven thousand the municipalities of Carencro, Denham Springs, Lake Providence,11
Oakdale, Port Allen, Springhill, and Winnfield are hereby authorized to create12
utilities commissions, by ordinance adopted following the effective date of this Sub-13
part Subpart. The commissions shall consist of five qualified electors and citizens14
of the respective parishes wherein the municipalities creating the commissions are15
located.16
* * *17
§4546.2. Creation of the authority18
* * *19
D. The provisions of this Chapter shall be inapplicable with respect to any20
municipality having a population of three hundred fifty thousand or more persons the21
city of New Orleans or a consolidated form of government of three hundred fifty22
thousand or more persons to the East Baton Rouge city-parish form of government.23
* * *24
§4561.1. Naming of civic center theater by certain municipal governing authorities;25
city of Monroe26
Notwithstanding R.S. 14:316 or any other law to the contrary, a municipal27
governing authority in a home rule charter municipality with a population of not less28
than fifty thousand and not more than fifty-five thousand persons according to the29
most recent federal decennial census The governing authority of the city of Monroe30 ENROLLEDHB NO. 26
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may name a civic center theater in honor of a former living mayor of the1
municipality who served in such office for more than fifteen years and his service2
in such office ended prior to 1980.3
* * *4
§4562.1. Service charge authorized; assessment and collection; St. Mary Parish5
A. The governing authority of any recreation district in a parish whose6
population is greater than fifty-six thousand persons and less than fifty-eight7
thousand one hundred and fifty persons as of the most recent federal census the8
parish of St. Mary is hereby authorized to establish, by majority vote of the members9
of the authority, a service charge or rates of service charges for each residential or10
commercial structure for a term not to exceed ten years to be assessed on persons11
owning each such structure, whether occupied or unoccupied, located wholly or12
partly within the boundaries of the recreation district, subject to the provisions of13
Subsection B of this Section. For purposes of this Section, each residential or14
commercial unit in a structure shall be considered a separate structure, and a mobile15
home, as defined in R.S. 9:1149.2(3), shall be considered a structure. Such service16
charges or rates of service charges shall be equal for all structures and shall be17
framed so as to cover, and shall be used for, the costs of constructing, acquiring,18
maintaining, operating and/or improving recreation services and facilities for the19
recreation district, including property and equipment necessary for such purposes.20
B. Service charges or rates of service charges so established shall be assessed21
by resolution of the governing authority of the recreation district in a parish whose22
population is greater than fifty-six thousand persons and less than fifty-eight23
thousand one hundred and fifty persons as of the most recent federal census.24
However, the resolution assessing the service charges shall be adopted by the25
governing authority only after the question of the assessment, its duration, and the26
amount of the service charge or rates of service charges to be established have been27
submitted to and approved by a majority of voters of the district voting at an election28 ENROLLEDHB NO. 26
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held for that purpose. Such election shall be conducted in accordance with the1
election laws of the state.2
* * *3
§4562.2. Parcel fee; submission to voters; St. Mary Parish4
A. In addition to all other charges, fees, and taxes authorized to be levied,5
each recreation district in a parish whose population is greater than fifty-six thousand6
persons and less than fifty-eight thousand one hundred and fifty persons as of the7
most recent federal census the parish of St. Mary may levy and collect a parcel fee8
within its boundaries which shall not exceed one hundred dollars per parcel per year,9
which parcel fee shall be imposed by resolution or ordinance of the governing10
authority of the district only after the question of the imposition of the parcel fee and11
the purpose, rate, and duration of the parcel fee has been approved by a majority of12
the voters of the district voting at an election held therein. The proceeds of such13
parcel fee shall be expended for the purpose of acquiring, constructing, maintaining,14
operating, or improving recreation services and facilities for the recreation district,15
including property and equipment necessary for such purposes. Any parcel fee16
imposed pursuant to this Section shall be levied and collected and be due and owing17
annually. Such fee may be carried on the tax rolls for the parish in which such18
district is located and collected at the same time as parish ad valorem taxes. If any19
parcel fee is not paid when due, such district shall proceed against the parcel for20
collection of the amount of the fee unpaid and delinquent, any collection costs21
incurred by such district plus interest at a rate not exceeding twelve percent on the22
unpaid amount of the parcel fee, and in the event legal proceedings are necessary to23
effect collection, court costs, and reasonable attorney's attorney fees. However,24
attorney's attorney fees shall be payable by the parcel owner only if demand by the25
governing authority of such district has been made on the parcel owner by registered26
or certified mail, and such parcel owner has failed to pay the amount due within ten27
days after such demand. A judgment obtained for nonpayment of a parcel fee, upon28
being recorded in the mortgage records in the parish in which a district is located,29
shall prime all other liens except those for taxes and prior recorded local or special30 ENROLLEDHB NO. 26
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assessments. If there are one or more property mortgages on such parcel and the1
mortgage holder or holders have notified the tax collector in the parish of such2
recorded mortgage in accordance with the requirements of R.S. 47:2180.1, the3
district, prior to proceeding against such parcel for failure to pay a parcel fee, shall4
give notice to each mortgagee of the amount of the parcel fee due and owing on such5
parcel and that such parcel fee must be paid within twenty days after the mailing of6
the notice or proceedings will be commenced against the parcel. The notice shall be7
sent to each such mortgage holder by certified mail, return receipt requested, or made8
by person or domiciliary service on such mortgage holder.9
B. Each district in a parish whose population is greater than fifty-six10
thousand persons and less than fifty-eight thousand one hundred and fifty persons as11
of the most recent federal census the parish may incur debt and issue bonds payable12
from an irrevocable pledge and dedication of all or a portion of the proceeds of a13
parcel fee, provided, however, that the question of funding said proceeds into bonds14
shall have been approved by a majority of the voters of the district voting at an15
election held therein and the State Bond Commission has approved the issuance of16
the bonds. The question or proposition with respect to the funding of the proceeds17
of the parcel fee into bonds may be voted upon at the election held to authorize the18
imposition of the parcel fee or may be submitted at a separate election held for that19
purpose. The maturities of the bonds shall be so arranged that the total amount of20
principal and interest falling due in any year, together with that falling due in such21
year on all bonds theretofore issued payable from such parcel fee, shall not exceed22
eighty percent of the estimated proceeds to be received from the levy of such parcel23
fee in the calendar year in which the bonds are issued. The bonds may be sold at24
public or private sale and shall be issued pursuant to the provisions of a resolution25
adopted by the governing authority of the district; provided that the bonds shall26
mature over a period not to exceed the period for which the parcel fee, the proceeds27
of which are to be used to pay principal and interest on the bonds, is authorized. The28 ENROLLEDHB NO. 26
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bonds and the income therefrom shall be exempt from taxation by the state and by1
any parish, municipality, or political subdivision thereof.2
* * *3
§4564. Board of commissioners; appointment and tenure; organization; secretary-4
treasurer; compensation5
* * *6
D. Notwithstanding the provisions of Subsection B of this Section, each7
commissioner of a recreational district in a parish with a population between one8
hundred thousand and one hundred five thousand based on the most recent federal9
decennial census the parishes of Tangipahoa and Terrebonne shall receive a per diem10
of twenty-five dollars.11
* * *12
§4570.11. Recreation and park commissions; certain parishes commission; St. John13
the Baptist Parish14
A. There is hereby created a recreation and park commission within any15
parish with a population of not less than thirty-nine thousand three hundred persons16
and not more than forty-one thousand five hundred persons as of the most recent17
federal decennial census the parish of St. John the Baptist, whose authority shall18
extend to the whole of such a parish, inclusive of all municipalities within the parish.19
Any such commission shall be known as the "Recreation and Park Commission of20
the Parish of St. John the Baptist".21
B.(1) The commission shall be composed of commissioners appointed as22
follows:23
(a) Two shall be appointed by the parish president or the police jury24
president, subject to approval of the parish council or police jury, from a list of four25
nominations submitted by the chamber of commerce active in the parish.26
(b) Two shall be appointed by the parish president or the police jury27
president, subject to approval of the parish council or police jury, from a list of four28
nominations submitted by the principals and athletic directors of public high schools29
in the parish.30 ENROLLEDHB NO. 26
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(c) One shall be appointed by the parish president or the police jury1
president, subject to approval of the parish council or police jury, from a list of two2
nominations submitted by the parish sheriff.3
(d) Four shall be appointed by the parish president or the police jury4
president, subject to approval of the parish council or police jury, from a list of5
nominations compiled from one nomination from each member of the parish council6
or police jury.7
* * *8
§4574. Tourist commissions; creation; purpose; directors; powers 9
* * *10
B. Pursuant to Article VI, Sections 19 and 30 of the Constitution of11
Louisiana, the following commissions and bureaus, hereafter collectively referred12
to in this Chapter as "tourist commissions" or "commissions", are hereby specifically13
created as special districts or commissions. Each such commission shall be a body14
politic and corporate and a political subdivision of the state of Louisiana, composed15
of the following territory:16
* * *17
(40) A tourist commission composed of all the territory in any parish having18
a population of not less than twenty-five thousand five hundred and not more than19
twenty-eight thousand persons as of the most recent federal decennial census20
Plaquemines Parish; composed of all the territory in Plaquemines Parish.21
* * *22
F.(1)23
* * *24
(b)25
* * *26
(iii) Notwithstanding any other provision of this Section, in parishes with27
populations between thirty-five thousand and forty thousand persons, the parishes28
of Evangeline and Natchitoches, the governing authority herein named authorities29
of the respective parishes may appoint as one member of said the commission the30 ENROLLEDHB NO. 26
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are additions.
president of any city or parish chamber of commerce within the jurisdictional1
boundaries of said the governing authority, provided that said the commission shall2
serve only one parish. Any member so appointed shall serve on said the commission3
for the duration of his term as president of said the chamber of commerce.4
* * *5
§4574.1.1. Occupancy taxes levied by the commissions6
A. For the purposes set forth in Paragraph (F)(3) of this Section, a7
commission created pursuant to R.S. 33:4574(B) is authorized to levy and collect a8
tax upon the occupancy of hotel rooms, motel rooms, and overnight camping9
facilities within the jurisdiction of the commission. Such tax shall not exceed the10
following percentages of the rent or fee charged for such occupancy:11
* * *12
(40) A tourist commission in any parish having a population of not less than13
twenty-five thousand five hundred and not more than twenty-eight thousand persons14
as of the most recent federal decennial census Plaquemines Parish, two percent.15
* * *16
(42) A convention and visitor's bureau or commission in any parish having17
a population of not less than one hundred thirty-five thousand and not more than one18
hundred seventy-five thousand persons as of the July 1, 1998 population estimate by19
the United States Bureau of the Census Monroe-West Monroe Convention and20
Visitor's Bureau of Ouachita Parish, two percent. The proceeds of such occupancy21
tax shall only be used be used only for the acquisition, construction, operation,22
maintenance, and activities of the convention and visitor's bureau or commission in23
such parish. The percentage rate provided in this Subparagraph shall be in addition24
to any other percentage authorized by law.25
* * *26
(45) Any tourist commission in a parish having a population of not fewer27
than forty-eight thousand one hundred and not more than fifty-two thousand five28 ENROLLEDHB NO. 26
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hundred persons as of the most recent federal decennial census St. Martin Parish1
Tourist Commission, two percent in addition to any other such tax authorized by law.2
* * *3
N.(1) Any tourist commission composed of all the territory in any parish4
having a population of not less than twenty-one thousand eight hundred and not more5
than twenty-two thousand eight hundred persons as of the most recent federal6
decennial census The Pointe Coupee Parish Tourist Commission may levy and7
collect an additional tax upon the occupancy of hotel rooms, motel rooms, and8
overnight camping facilities within the jurisdiction of the commission not to exceed9
one percent.10
* * *11
Q.(1)(a) Notwithstanding any other law to the contrary, any tourist12
commission in a parish with a population of not less than fifty-three thousand seven13
hundred and not more than fifty-seven thousand seven hundred persons according14
to the most recent federal decennial census the Vermilion Parish Tourist Commission15
shall levy and collect an additional tax of three percent upon the occupancy of hotel16
rooms, motel rooms, and overnight camping facilities within the jurisdiction of the17
commission. The tax shall be levied without a vote of the people by ordinance18
adopted by the governing authority of the tourist commission. The percentage rate19
provided in this Subsection shall be in addition to any other percentage authorized20
by law.21
(b) The tourist commission shall provide athletic programs for the youth of22
the parish and shall enter into cooperative endeavors with the governing authorities23
of the parish and any municipality with a population of not less than six thousand24
and not more than twelve thousand persons according to the most recent federal25
decennial census within the parish, as appropriate, for such purposes, including the26
expenditure or allocation of revenue, as provided in this Subsection, for such27
purposes.28
(2)(a) Two-thirds of the proceeds of the tax collected pursuant to this29
Subsection shall be dedicated for youth athletic programs throughout the parish and30 ENROLLEDHB NO. 26
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shall be used to purchase insurance, uniforms, and athletic equipment and supplies.1
The proceeds of the tax shall be distributed, based upon the number of youth2
participating in athletic programs, on a per capita basis.3
(b) One-third of the proceeds of the tax collected pursuant to this Subsection4
shall be dedicated for the promotion of tourism, including advertisements promoting5
festivals and other events within the parish.6
(c) None of the proceeds of the tax collected pursuant to this Subsection shall7
be used or expended for capital outlay purposes.8
(3) If the tax provided for in this Subsection is not levied within sixty days9
after July 11, 2005, such failure shall be considered a failure to perform a ministerial10
duty required by law of public officials. To this end, the district attorney for the11
parish shall provoke the issuance of a writ of mandamus to compel the appropriate12
officials to act as provided by law.13
(4)(2)(a) Notwithstanding any other provision of law to the contrary, two-14
thirds of the monies collected by the Vermilion Parish Tourist Commission from the15
levy of the additional three percent tax on the occupancy of hotel rooms, motel16
rooms, and overnight camping facilities as authorized by law, shall be used to fund17
recreation programs for all youth in Vermilion Parish. The commission shall enter18
into a cooperative endeavor with the governing authority of Vermilion Parish and19
each entity provided for in this Subparagraph to provide for the allocation of revenue20
collected for such purposes. The revenue collected for purposes of this21
Subparagraph shall be allocated as follows:22
(i) Twenty-eight and one-half percent shall be allocated to the city of23
Abbeville.24
(ii) Twenty-three and one-half percent shall be allocated to the city of25
Kaplan.26
(iii) Fourteen percent shall be allocated to the North Vermilion Youth27
Athletic Association.28
(iv) Eight percent shall be allocated to the town of Delcambre.29
(v) Eight percent shall be allocated to the town of Erath.30 ENROLLEDHB NO. 26
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(vi) Eight percent shall be allocated to the town of Gueydan.1
(vii) Five percent shall be allocated to the village of Maurice.2
(viii) Five percent shall be allocated to the Vermilion Parish Police Jury.3
(b) Any revenue collected by the Vermilion Parish Tourist Commission to4
fund athletic programs for all youth in Vermilion Parish and not expended prior to5
the effective date of this Subparagraph shall be used to fund recreation programs in6
Vermilion Parish as provided in Subparagraph (a) of this Paragraph.7
(c)(i) A minimum of seventy-five percent of the revenue allocated to the8
governmental entities pursuant to Subparagraph (a) of this Paragraph shall be used9
by each governmental entity to provide funds to any qualified nonprofit youth10
recreation organization within the territorial jurisdiction of the governmental entity11
which agrees to enter into a cooperative endeavor with the governmental entities12
agreeing to use such funds for purposes of youth recreation.13
(ii) The revenue allocated to the governmental entities shall be distributed14
by each entity to the qualified nonprofit youth recreation organizations on a pro-rata15
basis, based upon the number of youth participating in recreational programs of the16
organization compared to the total number of youth participating in programs of all17
the qualified nonprofit youth recreation organizations receiving funds from the18
governmental entity.19
(iii) The remaining funds may be used by each governmental entity for youth20
recreation purposes as determined by such entity.21
(d) As used in this Paragraph the following terms shall have the meanings22
ascribed to them:23
(i) "Qualified nonprofit youth recreation organizations" means an24
organization whose primary function is related to youth recreation purposes and is25
recognized by the United States Internal Revenue Service as entitled to exemption26
under Section 501(c)(3) of the United States Internal Revenue Code. The term shall27
not include any organization which is in default on any filing or payment with or to28
the state or any of its agencies or political subdivisions and against which an29
assessment or judgment that is final and nonappealable has been rendered, and30 ENROLLEDHB NO. 26
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are additions.
remains outstanding, in favor of the state, or any of its agencies, or political1
subdivisions.2
(ii) "Youth recreation purposes" means any use of funds which is related to3
recreation of persons eighteen years of age or younger, including but not limited to4
the purchase of uniforms and athletic equipment.5
(e) Notwithstanding any other provision of law to the contrary, one-third of6
the monies collected by the Vermilion Parish Tourist Commission from the levy of7
the additional three percent tax on the occupancy of hotel rooms, motel rooms, and8
overnight camping facilities as authorized by law shall be dedicated for the9
promotion of tourism, including advertisements promoting festivals and other events10
within the parish.11
(f) Notwithstanding any other provision of law to the contrary, monies12
collected by the Vermilion Parish Tourist Commission from the levy of the13
additional three percent tax on the occupancy of hotel rooms, motel rooms, and14
overnight camping facilities as authorized by law may be used or expended for15
capital outlay purposes.16
R. Notwithstanding any other law to the contrary, any tourist commission in17
a parish with a population of not less than seventy-five thousand and not more than18
eighty-five thousand persons according to the most recent federal decennial census19
the Ascension Parish Tourist Commission shall levy and collect an additional tax of20
two percent upon the occupancy of hotel rooms, motel rooms, and overnight21
camping facilities within the jurisdiction of the commission. The tax shall be levied22
by ordinance adopted by the governing authority of the tourist commission and only23
after approval by a majority of the electorate of such parish voting in an election held24
for such purpose. The percentage rate provided in this Subsection shall be in25
addition to any other percentage authorized by law.26
* * *27
§4574.2. Budget; borrowing money; audit28
* * *29 ENROLLEDHB NO. 26
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D. Any parish commission in a parish with a population of not less than1
nineteen thousand fifty nor more than twenty thousand based upon the Census of2
Population and Housing, 1980: Summary Tape File 1A Louisiana/Prepared by the3
Bureau of the Census.--Washington: The Bureau of the Census, 1981 the parish of4
West Baton Rouge may borrow money to construct a tourist information center on5
commission property provided that the funds are borrowed from a licensed financial6
institution; the loan is secured by a first mortgage upon the immovable property of7
the commission; the sum borrowed is less than the market value of the immovable8
property pledged as security for the loan; and the payments under such loan can be9
repaid out of the revenue anticipated from the tax authorized herein during the period10
in which the loan is to be repaid.11
* * *12
§4574.19. Tourist commissions of certain parishes commission; Tangipahoa Parish;13
designation14
Notwithstanding any provision of law to the contrary, any tourist commission15
created pursuant to R.S. 33:4574 in a parish having a population of not less than one16
hundred thousand but not more than one hundred four thousand, based on the latest17
federal decennial census, and notwithstanding any other designation provided in R.S.18
33:4574, the commission the parish of Tangipahoa shall be designated as, and be19
known by, the name of the parish followed by "_______ as the Tangipahoa Parish20
Tourist Commission".21
* * *22
§4579. Events center districts in certain parishes23
A. There is hereby created in each parish with a population between one24
hundred forty-four thousand and one hundred sixty thousand based on the latest25
federal decennial census the parish of St. Tammany an events center district. The26
district shall consist of the entire area of the parish. The district is created for the27
purposes set forth in R.S. 33:4579 through 4579.5 and shall be responsible for the28 ENROLLEDHB NO. 26
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acquisition, construction, development, maintenance, and operation of an events1
center and the programs and events undertaken therein.2
* * *3
§4709.21. Business and industrial districts in municipalities with a population in4
excess of four hundred fifty thousand the city of New Orleans; tax5
exemptions6
A. As used in this Section, "business and industrial district" means a7
business and industrial district located in a municipality with a population in excess8
of four hundred fifty thousand persons based on the latest federal decennial census9
the city of New Orleans and established for the purpose of providing for the10
acquisition, construction, improvement, maintenance, and operation of special11
projects, additional municipal services, capital improvements, and facilities within12
the district.13
* * *14
§4712.15. Naming of courthouse annex building by the governing authority of15
certain parishes; Beauregard Parish16
The governing authority of a parish with a population of not less than thirty-17
one thousand five hundred persons and not more than thirty-three thousand persons18
according to the most recent federal decennial census the parish of Beauregard may19
name a building used as a courthouse annex located in the parish seat as the M.20
Bolivar Bishop Courthouse Annex Building in honor of M. Bolivar Bishop, a living21
person who has served as sheriff for more than thirty-five years commencing in22
1972.23
* * *24
§4717. Sale of municipal or parish property no longer needed for public use25
* * *26
B. Notwithstanding any provisions of Subsection A of this Section, a27
municipality with a population in excess of four hundred seventy-five thousand the28
city of New Orleans shall have the authority to transfer ownership of immovable29
property to a nonprofit organization which is tax exempt pursuant to Section 501(c)30 ENROLLEDHB NO. 26
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of the Internal Revenue Code or to a first-time home buyer on the basis of appraised1
value without the necessity of bid. Such first-time homebuyers shall receive credit2
for investments such as money, materials, and labor made on the property prior to3
the transfer, and the municipality may allow the transfer of the property to take the4
form of a lease-to-purchase agreement.5
* * *6
§4720.161. Parish redevelopment authority7
* * *8
Q. As used in this Part, the following terms shall have the meaning herein9
ascribed to them:10
* * *11
(7) "Parish" means each parish with a population of not less than one12
hundred eighty-five thousand persons and not more than one hundred ninety-one13
thousand persons, according to the latest federal decennial census the parish of14
Lafayette.15
* * *16
§4722. Creation of districts; powers of municipal authorities; transfers of17
development rights; and uniform regulations within district 18
* * *19
B. The governing authority of all municipalities having over four hundred20
seventy-five thousand population the city of New Orleans shall have the power to21
provide for official landmark or other appropriate designation by ordinance of areas,22
places, buildings, and structures having a special historical, community, or aesthetic23
interest or value; and in connection with those areas, places, buildings, and structures24
so designated by ordinance to impose regulations governing their construction,25
alteration, demolition, and use and to adopt additional measures appropriate to their26
preservation, enhancement, or use, which additional measures may include but are27
not limited to: 28
* * *29 ENROLLEDHB NO. 26
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C.(1) All such regulations shall be uniform for each class or kind of land and1
structure throughout each district, but the regulations of one district may differ from2
those in other districts. However, no regulation shall change the status of premises3
which have been continuously used for commercial purposes since January 1, 1929,4
without interruption for more than six consecutive months at any one time. The5
governing authority may, however, provide for the removal of nonconforming signs6
and billboards, less and except billboards erected in compliance with parish or7
municipal regulations at the time of erection, provided that it first establish a8
reasonable amortization time for removal according to a reasonable set of standards9
and schedules.10
(2) In the city of New Orleans the provisions of Subsection B of this Section11
shall apply only to the area bounded by the Mississippi River, Howard Avenue, the12
river side of I-10-Claiborne Avenue and the uptown side of Iberville Street.13
* * *14
§4780.51. Notification of area legislators; zoning; hazardous material; Jefferson15
Parish16
A. Notwithstanding any other law to the contrary, the local governing17
authority of a parish with a population of four hundred fifty thousand to four hundred18
sixty thousand governing authority of the parish of Jefferson shall notify each19
member of the state Senate and House of Representatives who represents any portion20
of the parish no less than thirty days in advance of any action to be taken on an21
application for a zoning request or zoning variance to build or enhance any storage22
facility housing hazardous material, as defined in R.S. 30:2363(7).23
* * *24
§4785. Retail dealers in alcoholic beverages; suspension or revocation of permits25
* * *26
B. Any municipality in this state with a population in excess of four hundred27
thousand The city of New Orleans is hereby authorized to create a municipal28
alcoholic beverage control board. Such boards The board may suspend or revoke29
within the corporate limits, permits issued to retail dealers in beverages having an30 ENROLLEDHB NO. 26
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alcoholic content of more than six percent by volume for causes set forth in R.S.1
26:88, 26: and 89; and may suspend or revoke permits issued to such retail dealers2
in beverages having an alcoholic content of not more than six percent by volume for3
causes set forth in R.S. 26:285, 26: and 286. Such boards The board shall be4
governed by the provisions of the Administrative Procedure Act unless the procedure5
is specifically established by R.S. 33:4787 or 33:4788.6
* * *7
§4790. Bicycle regulation in municipalities of over 400,000 the city of New Orleans8
The governing authorities of all municipalities in this State with a population9
in excess of 400,000 are authority of the city of New Orleans is hereby authorized10
and empowered to adopt ordinances regulating the business of purchasing, selling,11
transferring, exchanging, repairing, or storing of new and/or used bicycles, parts and12
accessories for bicycles, at wholesale or retail, and to provide for the registration of13
description and ownership of bicycles.14
* * *15
§4877. Parish zoning ordinances; St. John the Baptist Parish16
The governing authority of any parish having a population of over twenty-17
three thousand in which there exists no municipality the parish of St. John the Baptist18
is authorized to zone their territory, to create residential, commercial, and industrial19
districts, and to prohibit the establishment of places of business in residential20
districts. No zoning ordinance or creation of districts pursuant to the authority herein21
shall interfere with or hinder the operation of any existing public utility facilities,22
whether publicly or privately owned. The members of the governing authority23
attending zoning meetings shall be paid a twenty-five dollar per diem not to exceed24
eighteen meetings in any calendar year.25
* * *26
§4879. Purpose; firearms buyback program; authorization ; city of New Orleans27
* * *28
B. Any municipality with a population in excess of four hundred twenty-five29
thousand The city of New Orleans may institute a firearms buyback program.30 ENROLLEDHB NO. 26
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Funding for the buyback program shall be acquired from cash donations from private1
businesses and may be acquired from the municipality's city's assets seizures and2
forfeiture fund if the municipality city possesses such a fund. The firearms buyback3
program shall exist for not more than a thirty-day period in any calendar year or shall4
exist until the funds acquired or received for the purchase of the firearms are5
exhausted.6
C. A municipality participating in a firearms buyback program The city shall7
promulgate rules of procedure governing the acquisition and disposal of firearms8
purchased through the program. Such weapons shall either be destroyed or delivered9
to law enforcement agencies of the municipality city for departmental use. In no10
case shall such weapon be given to any individual, except that a stolen weapon shall11
be returned to its rightful owner on proof of ownership.12
* * *13
§5062. Weed cutting in municipalities with a population of less than four hundred14
thousand; abutting owner's liability; notice; waiver of notice15
A. The governing authority of any municipality having a population of less16
than four hundred thousand inhabitants, except the city of New Orleans, may enact17
ordinances requiring that property be maintained in a safe and sanitary condition,18
including ordinances providing for the cutting, destruction, or removal of noxious19
weeds or grass or other deleterious, unhealthful, or noxious growths on any20
sidewalks or banquettes and on any lot, place, or area within the municipality. The21
charges, costs, and expenses incurred by the municipal governing authority in22
enforcing such ordinances, shall, to the extent of the actual cost thereof to the23
municipal governing authority, be a charge, cost, or expense of the property abutting24
the sidewalk or banquette or of the lot, place, or area, and the owner thereof.25
* * *26
§7551. Environmental protection districts, creation by parishes; domicile; creation;27
domicile; Jefferson Parish28
Upon the approval of the majority of the qualified electors of a parish the29
parish of Jefferson voting in an election called for such purpose, the governing30 ENROLLEDHB NO. 26
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authority of any parish which is divided by the Mississippi River and has a1
population in excess of 200,000, but not more than 500,000, of such parish is2
authorized and empowered to form and create an environmental protection district3
or districts within said the parish with such name or names as said the governing4
authority may designate. The district may include parts of incorporated5
municipalities, towns, or villages, provided that before any incorporated6
municipality, town, or village may be included within the territory of the district, the7
governing authority shall first concur by resolution to be included in the district.8
* * *9
§7602. Findings, declaration of necessity and purpose10
It is hereby found and declared that:11
* * *12
(4) There exists in parishes in the state having a population of more than four13
hundred seventy-five thousand and in municipalities in the state having a population14
of more than three hundred thousand and municipalities in the state an inadequate15
supply of safe and sanitary dwelling accommodations for persons and families of all16
income levels. This condition is contrary to the public interest and threatens the17
health, safety, morals and welfare, comfort, and security of the people of the18
parishes, municipalities, and state.19
* * *20
(8)(a) The interests of the state will be promoted, and the public interest best21
served, by the coordinated development of new communities in parishes having a22
population of more than four hundred seventy-five thousand and in municipalities23
having a population of more than three hundred thousand and municipalities.24
* * *25
(9) There exists within parishes having a population of more than four26
hundred seventy-five thousand and municipalities having a population of more than27
three hundred thousand and municipalities, vacant or essentially vacant land, which28
presents such parishes and municipalities with opportunities to develop a highly29
desirable quality of life for the benefit of their residents and the people of the state,30 ENROLLEDHB NO. 26
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as well as to plan for the entire growth of such parishes and municipalities for the1
rest of this century through the acquisition, planning, and development of such land2
and immediate and positive action is required to ensure rational growth of available3
vacant land, while maximizing development opportunities and social values.4
(10) The preservation or enhancement of the tax base from which a taxing5
district within parishes and municipalities having a population of more than three6
hundred thousand realizes tax revenues is essential to its existence and financial7
health; the preservation and enhancement of such tax base is implicit in the purposes8
for which a taxing district is established; tax increment financing is an effective9
method of achieving such preservation and enhancement in areas in which such tax10
base is not experiencing vigorous growth or is declining; community development11
in such areas, when complete, will enhance such tax base and provide increased tax12
revenues to all affected taxing districts, increasing their ability to accomplish their13
other respective purposes; and the preservation and enhancement of the tax base in14
such areas through tax increment financing and the levying of taxes by such taxing15
districts therefor and the appropriation of funds to a new community trust fund bears16
a substantial relation to the purposes of such taxing districts and is for their17
respective purposes and concerns.18
(11) For these purposes, there should be created bodies corporate to be19
known as "New Community Development Corporations" through which the20
acquisition, planning, and development of land and the encouragement of maximum21
participation by the private sector of the economy (including the sale or lease of the22
corporation's interest in projects, if deemed feasible), may be accomplished, and23
through participation in programs undertaken by the state, its agencies and24
subdivisions, parishes and municipalities, having a population of more than three25
hundred thousand and the federal government and the issuance of bonds, notes, and26
other evidences of indebtedness, the corporations and their subsidiaries may provide27
or obtain the capital resources necessary to acquire, construct or improve industrial,28
manufacturing, commercial, educational, recreational and cultural facilities, housing29
accommodations for persons and families of all income levels, facilities incidental30 ENROLLEDHB NO. 26
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or appurtenant thereto, transportation systems and facilities, and carry out the1
clearance, planning, mapping, development, and construction of such areas.2
* * *3
§7603. Definitions4
The following terms wherever used or referred to in this Chapter shall have5
the following meanings unless a different meaning is clearly indicated in the context:6
* * *7
14. "Municipality" means any city, town or incorporated village in the state8
having a population of more than three hundred thousand in which a new community9
development corporation is created hereby. "The municipality" "Municipality" or10
"parish" shall mean the particular municipality or parish in which a particular new11
community development corporation is created the city of New Orleans.12
* * *13
§7604. Creation of corporation; public hearing; adoption of resolution; certificate14
A. In each parish of the state having a population of more than four hundred15
seventy-five thousand and in each municipality of the state having a population of16
more than three hundred thousand the city of New Orleans there is hereby created17
"The New Community Development Corporation", consisting of a public body.18
corporate and politic and instrumentality of that parish or municipality. Each such19
The corporation shall be authorized to perform governmental functions as herein20
provided in this Chapter and shall have perpetual existence; however, upon the21
adoption by the board of directors of such corporation of a resolution dissolving the22
corporation and the passage by the governing body of the parish or municipality of23
a resolution concurring in such dissolution, such corporation's corporate existence24
shall be terminated. No such corporation shall transact any business or exercise any25
powers conferred upon it by this Chapter until and unless the governing body of the26
parish or municipality has by ordinance or resolution activated the corporation.27
* * *28 ENROLLEDHB NO. 26
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§9033.3. Sales tax increment financing for certain municipalities and parishes1
A. Municipalities with a population between one hundred ninety thousand2
persons and two hundred fifteen thousand persons or with a population in excess of3
four hundred thousand persons The municipalities of Shreveport and New Orleans4
may issue revenue bonds payable from revenues generated by economic5
development projects with a pledge and dedication of up to the full amount of sales6
tax increments annually to be used as a guaranty of any shortfall, or at the option of7
the municipality, payable solely from an irrevocable pledge and dedication of up to8
the full amount of sales tax increments, in an amount to be determined by the9
municipality, to finance or refinance all or any part of an economic development10
project as specified in Subsection M of this Section. For purposes of this Section,11
a sales tax increment shall consist of that portion of the designated sales tax,12
hereinafter defined, collected each year on the sale at retail, the use, the lease or13
rental, the consumption and storage for use or consumption of tangible personal14
property, and on sales of services, all as defined in R.S. 47:301 et seq., or any other15
appropriate provision or provisions of law as amended, from taxpayers located16
within an economic development area which exceeds the sales tax revenues of the17
designated sales tax that were collected in the year immediately prior to the year in18
which the area was designated as an economic development area. Dedication of19
sales tax increments to pay the revenue bonds shall not impair existing obligations20
and shall not include tax revenues previously dedicated for a special purpose, nor21
revenues of any sales taxes collected by the state of Louisiana or any political22
subdivision other than the municipality.23
* * *24
N. This Section shall also apply to any parish with a population between four25
hundred thousand and four hundred seventy-five thousand persons as of the latest26
federal decennial census The provisions of this Section shall also apply to the27
parishes of East Baton Rouge and Jefferson, and for such purpose the term28 ENROLLEDHB NO. 26
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"municipality" as used in Subsections A through M of this Section shall include each1
such a parish.2
* * *3
§9036. Encouragement of private enterprise4
* * *5
B. A cooperative economic development project may be undertaken by the6
state or any agency or corporation acting on behalf of the state, with the prior written7
approval of the commissioner of administration. However, the title to any8
immovable property owned by the state shall remain with the state, and such projects9
shall be located within a downtown development district in any municipality with a10
population of between two hundred thousand and four hundred thousand the cities11
of Baton Rouge or Shreveport. In addition, the state or any agency or corporation12
acting on behalf of the state may lease or rent its properties located in such13
downtown development districts by negotiation, provided such lease or rental14
agreements are approved in writing by the commissioner of administration.15
* * *16
§9037.1. Bond financing of cooperative endeavors; municipalities and parishes with17
a population in excess of four hundred thousand persons; city of New18
Orleans; parishes of East Baton Rouge and Jefferson; leases19
Any economic development corporation or political subdivision of the state20
may issue bonds, subject to applicable law, to finance a cooperative endeavor. Any21
municipality or parish with a population in excess of four hundred thousand persons22
The city of New Orleans and the parishes of East Baton Rouge and Jefferson or any23
municipality within any such a parish, or any public benefit corporation formed by24
any such municipality or parish, or economic development corporation established25
in any such municipality or parish, may enter into any lease or sublease for the26
purpose, directly or indirectly, of securing or providing revenues to be used to pay27
the principal or interest on such bonds which lease or sublease may be for a period28
not exceeding ninety-nine years.29
* * *30 ENROLLEDHB NO. 26
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§9038.31. Definitions1
As used in this Part, the following terms shall have the following meanings,2
unless the context requires otherwise:3
* * *4
(3) "Local governmental subdivision" means any municipality or parish or5
any municipality, parish, local industrial board, or local public trust authorized6
pursuant to R.S. 33:9038.33(N) or 9038.34(N) having jurisdiction over the7
geographical area bounded by the Mississippi River, the Orleans/Jefferson parish8
line and the Orleans/Plaquemines parish line; but the provisions of this Part shall not9
apply to any of the financing of construction, renovations, or improvements of any10
convention center, hotel complex, and ancillary facilities within any municipality11
having a population in excess of one hundred ninety thousand persons but not more12
than two hundred five thousand persons according to the latest federal decennial13
census the city of Shreveport. However, the provisions of this Part shall apply to any14
parish having a population of not more than one hundred thirty thousand persons and15
not less than one hundred twenty thousand persons, according to the most recent16
federal decennial census the parish of Rapides, only as provided in R.S. 33:9038.41.17
* * *18
§9038.41. Tax increment financing; parishes with one hundred twenty thousand to19
one hundred thirty thousand population Rapides Parish20
A. The provisions of this Section shall be applicable to any parish having a21
population of not more than one hundred thirty thousand persons and not less than22
one hundred twenty thousand persons, according to the most recent decennial federal23
census the parish of Rapides.24
B. The provisions of this Part shall apply to any parish to which this Section25
is applicable the parish of Rapides, but only for the following purposes:26
* * *27 ENROLLEDHB NO. 26
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§9038.55. Conditions on use of certain lands for economic development; East Baton1
Rouge Parish2
Notwithstanding any other provision of law to the contrary, no parish with3
a population in excess of four hundred thousand persons but not more than four4
hundred thirty thousand persons according to the latest federal decennial census or5
neither the parish of East Baton Rouge nor any municipality within such a parish6
shall move a zoo from the site on which it is located on August 15, 2004, to create7
an economic development district, until the current site has a suitable replacement8
for use of the property, as determined by the governing authority of the parish.9
* * *10
§9038.61. Tax increment financing; certain cities for certain purposes; city of Baton11
Rouge12
A. The provisions of this Section shall be applicable to any city having a13
population of not more than two hundred fifty thousand persons and not less than14
two hundred fifteen thousand persons, according to the most recent decennial federal15
census the city of Baton Rouge. The provisions of this Part not in conflict with this16
Section shall apply to any city to which this Section is applicable the city of Baton17
Rouge.18
* * *19
§9053.1. Creation of parishwide ambulance service district; certain parishes Bossier20
Parish21
A. Notwithstanding any provision of law to the contrary, the governing22
authority of any parish with a population of less than one hundred thousand persons23
which includes a municipality with a population of more than fifty thousand persons,24
according to the most recent decennial census the parish of Bossier, may, upon its25
own initiative, form and create a single parishwide ambulance service district,26
excluding incorporated municipalities, except that any incorporated municipality27
within the parish shall be included within the single parishwide ambulance service28 ENROLLEDHB NO. 26
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district upon concurrence by resolution of the governing authority of the1
municipality.2
* * *3
§9073.1. Huntington Park Subdivision Improvement District4
A. Creation. The Huntington Park Subdivision Improvement District, a5
special taxing district, hereinafter referred to in this Section as the "district", is6
hereby created in any municipality with a population greater than four hundred7
seventy-five thousand the city of New Orleans.8
* * *9
§9076. Certain improvement districts10
A. Notwithstanding any provision of law to the contrary, the governing11
authority in any parish with a population in excess of four hundred seventy-five12
thousand persons or more according to the latest federal decennial census the parish13
of Orleans may continue to levy and collect any tax or fee levied to support an14
improvement district within such parish created to promote and encourage the15
beautification, security, and betterment of any subdivision located within the district.16
The continuation of such levy shall be contingent on the approval of a majority of17
the registered voters of the district at an election called pursuant to the Louisiana18
Election Code.19
* * *20
§9611. Application and purpose21
A.(1) This Chapter applies to the following:22
(a) Municipalities that are governed by a home rule charter and that have a23
population in excess of two hundred fifty thousand persons according to the latest24
federal decennial census.25
(b) Parishes that are governed by a home rule charter and that have a26
population in excess of four hundred thousand persons according to the latest federal27
decennial census city of New Orleans and the parishes of East Baton Rouge and28
Jefferson.29 ENROLLEDHB NO. 26
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(2) "Local governmental subdivision" or "municipality", as used in this1
Chapter, means municipalities and parishes to which the Chapter is applicable.2
* * *3
Section 2. Subpart B-31 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised4
Statutes of 1950, comprised of R.S. 33:130.591 through 130.599, R.S. 33:130.601(5),5
Subpart B-41 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950,6
comprised of R.S. 33:130.781, and R.S. 33:1221(B), 1415(F), 1521.1(D), 1992(A)(11),7
2213(I), 2625, 2740.48, and 7603(20) are hereby repealed in their entirety.8
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: