Louisiana House Bill HB531 Latest Draft

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Regular Session, 2011
HOUSE BILL NO. 531
BY REPRESENTATIVE ROBIDEAUX
PARISH/LAFAYETTE:  Creates the Lafayette Parish Redevelopment Authority
AN ACT1
To amend and reenact R.S. 44.4.1(B)(18) and to enact Chapter 13-M of Title 33 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:4720.201, to create3
the Lafayette Parish Redevelopment Authority; to provide for the formation of a4
program or programs in the parish of Lafayette for the use of appropriate private and5
public resources to eliminate and prevent the development or spread of slum,6
blighted, and distressed areas; to allow the rehabilitation, clearance, and7
redevelopment of slum, blighted, and distressed areas; to provide for the expeditious8
conversion of blighted or underused property into habitable residential dwellings in9
the parish of Lafayette; to define the duties, liabilities, authority, and functions of the10
redevelopment authority; to authorize public bodies to furnish funds, services,11
facilities, and property in aid of redevelopment projects; and to provide for related12
matters.13
Notice of intention to introduce this Act has been published14
as provided by Article III, Section 13 of the Constitution of15
Louisiana.16
Be it enacted by the Legislature of Louisiana:17
Section 1. Chapter 13-M of Title 33 of the Louisiana Revised Statutes of 1950,18
comprised of R.S. 33:4720.201, is hereby enacted to read as follows:19
CHAPTER 13-M.  LAFAYETTE PARISH REDEVELOPMENT AUTHORI TY20
§4720.201.  Lafayette Parish Redevelopment Authority21
A. This Chapter may be referred to as the "Lafayette Parish Redevelopment22
Law".23 HLS 11RS-503	REENGROSSED
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B.  It is hereby found and declared that:1
(1) There exist in the parish of Lafayette areas which have become blighted2
and distressed because of any or all of the following: the unsafe, unsanitary,3
inadequate, or overcrowded condition of the structures therein, inadequate planning4
for the area, physically or functionally obsolete structures, excessive dwelling unit5
density, the lack of proper light and air and open space, faulty street or lot design,6
inadequate public utilities or community services, failure to adequately maintain and7
repair structures, the conversion to incompatible types of land usage, or8
environmental conditions and circumstances. Such conditions or a combination of9
some or all of them have and will continue to result in making such areas economic10
and social liabilities.11
(2) The prevention and elimination of blighted and distressed properties are12
matters of public policy and concern, as such areas tend to consume a13
disproportionate amount of parish revenues because of the extra services required for14
police, fire, accident, and other forms of public protection, services, and facilities.15
(3) The salvage, renewal, redevelopment, and reconstruction of such areas16
will promote the public health, safety, and welfare of the public.17
(4) The powers conferred by this Chapter are for public uses, purposes,18
welfare, and public money may be expended as necessary in the exercise of such19
powers. The provisions of this Chapter shall apply for residential, recreational,20
commercial, industrial, or other purposes and otherwise to encourage the provision21
of healthful homes, safe neighborhoods, a decent living environment, and adequate22
places of employment for the people. Such purposes are hereby declared as a matter23
of legislative determination.24
(5)  The object of this Chapter is to provide for the following:25
(a) The general and economic welfare of the parish through housing,26
commercial, office, hospitality, recreation, education, infrastructure and utility27
capacity, manufacturing, industrial, research, retail, or other activities which will28 HLS 11RS-503	REENGROSSED
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create or retain jobs, maintain or diversify industry, including new or emerging1
technologies, or maintain or increase the tax base.2
(b) The improvement of conditions of deteriorated physical development,3
slow economic growth, and eroded financial health of the public and private sectors.4
(c) The control, abatement, and prevention of pollution to protect public5
health and safety and the development and use of indigenous and renewable energy6
resources.7
(d) Assistance to nonprofit and governmental entities in support of health,8
educational, charitable, community, cultural, agricultural, consumer, or other9
services benefitting the citizens.10
C.(1) There is hereby created in the parish of Lafayette a body politic and11
corporate which shall exist in perpetuity and shall be known as the Lafayette Parish12
Redevelopment Authority, referred to in this Chapter as the "authority".13
(2) The authority shall be a special district created pursuant to Article VI,14
Section 19 of the Constitution of Louisiana and political subdivision of the state as15
defined in Article VI, Section 44 of the Constitution of Louisiana.  The authority,16
acting through its governing board, is hereby granted all of the rights, powers,17
privileges, and immunities accorded by the laws and the Constitution of Louisiana18
to political subdivisions of the state, subject to the limitations provided in this19
Chapter.20
D. The authority, for the purposes of this Chapter, may within its jurisdiction21
formulate a workable program or programs for using appropriate private and public22
resources to eliminate and prevent the development or spread of slums and blight,23
to encourage needed rehabilitation, to provide for the redevelopment of slums or24
blighted areas, and to undertake other feasible parochial activities as may be suitably25
employed to achieve the objectives of such workable program.26
E. The authority, to the greatest extent it determines to be feasible in carrying27
out the provisions of this Chapter, shall seek out cooperative endeavors, including28
partnerships, joint ventures, and equity participation structures, with nonprofit29 HLS 11RS-503	REENGROSSED
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organizations and private enterprise. The authority shall give consideration to this1
objective in exercising the powers granted pursuant to this Chapter.2
F.(1) The Lafayette Parish Redevelopment Authority shall be comprised of3
all of the territory located within the parish of Lafayette, including the territory4
comprising the municipalities of Broussard, Carencro, Duson, Scott, and5
Youngsville, constituted on the effective date of this Chapter; however, the6
governing authority of each municipality may opt out of being included within the7
territorial jurisdiction of the authority.8
(2) The authority shall be activated and implemented when the governing9
authority of Lafayette City-Parish Consolidated Government recognizes and10
confirms the appointment of the initial five members of the board.11
G.(1)  The Lafayette Parish Redevelopment Authority shall be governed by12
a board of commissioners, referred to in this Chapter as the "board", consisting of13
five members appointed as follows:14
(a) One member shall be appointed by the city-parish president of the15
Lafayette City-Parish Consolidated Government.16
(b) One member shall be appointed by the governing authority of the17
Lafayette City-Parish Consolidated Government.18
(c) One member shall be appointed by the member or members who19
represent Louisiana House of Representatives District No. 44.20
(d) One member shall be appointed by the member or members who21
represent Louisiana Senate District No. 24.22
(e) One member appointed by the governing board of the Community23
Foundation of Acadiana.24
(2) All appointments shall be confirmed by the governing authority of the25
Lafayette City-Parish Consolidated Government.26
(3) Each appointing authority shall present its initial appointee to the27
governing authority of the Lafayette City-Parish Consolidated Government no later28
than December 31, 2011. Such presentations by the appointing authorities shall be29 HLS 11RS-503	REENGROSSED
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in writing, shall be made at an official and open meeting of the governing authority1
of the Lafayette City-Parish Consolidated Government, and shall include information2
sufficient to allow the governing authority to assess the qualifications and fitness of3
the appointee for his intended duties. Upon receipt of such presentation, the4
governing authority shall have the right to confirm or reject said appointment. Such5
confirmation or rejection shall be made in the manner and under the procedure6
prescribed by the governing authority.  Regardless of the manner and procedure so7
employed, if the governing authority does not reject an appointment within sixty8
days after the presentation required by this Paragraph, then the appointment shall be9
deemed confirmed.10
(4) Each board member shall be a citizen of the United States, a domiciliary11
of and a qualified voter in the parish of Lafayette for at least one year preceding the12
date of appointment, and shall remain a domiciliary of and a qualified voter of such13
jurisdiction during the entirety of his term of office.  Furthermore, each board14
member shall be of good character and shall possess some skill, knowledge, or15
experience that will prove useful in the accomplishment of the goals of the authority16
as set forth in Subsection B of this Section.17
(5) Each board member shall serve for a term of four years unless removed18
for cause by the board as provided in this Chapter or removed for any reason by19
authorized action of the appointing authority.  Initial terms shall be established in the20
bylaws of the authority.21
(6) The board shall establish rules and requirements relative to the22
attendance and participation of members in its meetings, regular or special.  Such23
rules and regulations may prescribe a procedure whereby, should any member fail24
to comply with such rules and regulations, the member may be disqualified and25
removed from office by no less than a majority vote of the remaining members of the26
board, and that member's position shall be vacant as of the first day of the next27
calendar month. Any person removed under the provisions of this Paragraph shall28 HLS 11RS-503	REENGROSSED
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be ineligible for reappointment to the board unless such reappointment is confirmed1
unanimously by the board.2
(7)(a) A vacancy on the board shall be filled in the same manner as the3
original appointment. In such cases a majority of the remaining board members may4
appoint an interim member to serve until a new member is confirmed.5
(b) When a vacancy occurs on the board, a majority of the remaining board6
members may select an interim member to serve until a new member is appointed.7
(8) Board members shall serve without compensation, shall have the power8
to organize and reorganize the executive, administrative, clerical, and other9
departments and forces of the authority and to fix the duties, powers, and10
compensation of all employees, agents, and consultants of the authority.  The board11
may reimburse any member for expenses actually incurred in the performance of12
duties on behalf of the authority.13
(9) The board shall elect yearly from its number a chairman, a vice chairman,14
a secretary, and a treasurer and shall establish their duties as may be regulated by15
rules adopted by the board. The offices of secretary and treasurer may be held by the16
same person. The board may meet in regular session once each month and also shall17
meet in special session as convened by the chairman or upon written notice signed18
by three members. A majority of the members of the board, not including vacancies,19
shall constitute a quorum for the conduct of business.20
(10)  All actions of the board shall be approved by the affirmative vote of a21
majority of the members of the board present and voting; however, no action of the22
board shall be authorized on the following matters unless approved by a majority of23
the total board membership:24
(a) Adoption of bylaws and other rules and regulations for conduct of the25
authority's business.26
(b) Hiring or firing of any employee or contractor of the authority.  This27
function may by majority vote of the total board membership be delegated by the28 HLS 11RS-503	REENGROSSED
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board to a specified officer or committee of the authority, under such terms and1
conditions and to the extent that the board may specify.2
(c)  The incurring of debt.3
(d)  Levy of taxes and call for any tax or other election.4
(e)  Adoption or amendment of the annual budget.5
(f)  Sale, lease, encumbrance, or alienation of real property, improvements,6
or personal property with an assessed value of more than twenty thousand dollars.7
(11) Vote by proxy shall not be permitted.  Any member may request a8
recorded vote on any resolution or action of the authority.9
(12) The board shall cause minutes and a record to be kept of all its10
proceedings. Except as otherwise provided in this Paragraph, the authority shall be11
subject to the Public Records Law, the Open Meetings Law, and the Code of12
Governmental Ethics.  Notwithstanding the provisions of R.S. 42:14, until thirty days13
prior to the date the board is scheduled to consummate a final sale or lease of any14
immovable property owned by the authority, the board may meet in executive15
session to discuss negotiations between the authority and any prospective seller,16
purchaser, lessor, or lessee of that property.  R.S. 44:31 through 35 shall not apply17
to any records related to the negotiations of or to the terms of such a sale or lease18
until thirty days prior to the date the board is scheduled to consummate a final sale19
or lease.  The board shall give written public notice of its intention to consummate20
a final sale or lease at least thirty days prior to the date on which the board intends21
to take such action. This notice shall comply with the procedural provisions of R.S.22
42:19.23
H.  The authority, through the board, shall have all powers necessary or24
convenient to carry out and effectuate the purposes and provisions of this Chapter,25
including but not limited to the following:26
(1)  To sue and be sued and as such to stand in judgment.27
(2)  To adopt, use, and alter at will a corporate seal.28 HLS 11RS-503	REENGROSSED
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(3) To acquire by gift, grant, purchase, lease, or otherwise and to hold and1
use any property, real, personal, mixed, tangible, or intangible, or any interest therein2
and to engage in any action, such as the purchase of insurance, necessary or desirable3
for the maintenance or improvement of such property.  The authority shall not have4
any power to expropriate, except that power which is granted by the appropriate5
governing authority.6
(4)(a) To sell, lease for a term of up to ninety-nine years, exchange, or7
otherwise dispose of or transfer to or with other political subdivisions of this state8
or public or private persons at public or private sale any residential, commercial,9
industrial, or subdivision land, property, improvements, or portions thereof,10
including real property.11
(b)  Prior to any sale, lease, conveyance, disposition, or transfer of property12
pursuant to this Paragraph, the authority shall fix the price and terms of the sale,13
lease, exchange, or other contract to be made with reference to the property.  Such14
sale, lease, conveyance, disposition, or transfer shall comply with the terms and15
provisions of this Chapter.16
(c) Any sale of land in an industrial area as provided by Chapter 8 of Title17
51 of the Louisiana Revised Statutes of 1950 and the statutes referenced therein shall18
be in accordance with laws providing for the disposition or transfer of such land.19
(d)  Other than the requirements of this Chapter, no other law limiting or20
regulating the form or manner of the sale, lease, conveyance, disposition, or transfer21
of property by public bodies, including without limitation R.S. 41:1338, shall apply22
to the sale, lease, conveyance, disposition, or transfer of property by the authority.23
All such sales, leases, conveyance, dispositions, or transfers of property remain24
subject to the limitations imposed by the Constitution of Louisiana.25
(5) To convey to the United States, the state, or to any political subdivision26
of the state any land, property, right-of-way, easement, servitude, or other thing of27
value which the authority may own or acquire for use by such governmental entity28
pursuant to the terms of any appropriate cooperative endeavor agreement.29 HLS 11RS-503	REENGROSSED
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(6) To make and collect reasonable charges for the use of property of the1
authority and for services rendered by the authority, and to regulate fees or rentals2
charged for use of privately owned facilities located on property owned or sold by3
the authority when such facilities are offered for use by the public or by a private4
industrial, commercial, research, or other economic development entity or activity.5
(7)  To enter into contracts and agreements with public bodies or public or6
private entities, including but not limited to contracts for professional, legal, and7
other services and for the purchase, lease, acquisition, sale, construction, operation,8
maintenance, marketing, and improvement of land, public works, and facilities.9
(8) To plan, develop, regulate, operate, and maintain activities and planned10
land uses to foster creation of new jobs, economic development, industry, health11
care, general public and social welfare, commerce, manufacturing, tourism,12
relocation of people and businesses to the area, shipbuilding, aviation, military,13
warehousing, transportation, offices, recreation, housing development, and14
conservation.15
(9) To make decisions and conduct all activities to meet the triple bottom-16
line development objectives of equity, economics, and environment.17
(10) To acquire land and improvements to construct, operate, and maintain18
facilities, improvements, and infrastructure, including buildings, roads, bridges,19
drainage, and utilities, and to perform other functions and activities on property20
owned or leased by the authority to accomplish the objectives and purposes of the21
authority; however, the authority is prohibited from constructing, operating, or22
maintaining any water, electric, or gas utility facilities which duplicate, curtail,23
impair, or directly compete with a regulated water, electric, or gas utility facility24
operating in or adjacent to the property owned or leased by the authority.25
(11)  To require and issue licenses.26
(12) To levy annually and cause to be collected ad valorem taxes if such levy27
and the amount, term, and purpose of such taxes, as set out in propositions submitted28 HLS 11RS-503	REENGROSSED
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to a vote in accordance with the Louisiana Election Code, are approved by a majority1
of the qualified electors of the parish voting in an election held for that purpose.2
(13)(a) To levy and collect sales and use taxes within the boundaries of the3
authority for such purposes and at such rate as provided by the propositions4
authorizing their levy, not to exceed in aggregate one percent, if the proposition5
submitted to a vote in accordance with the Louisiana Election Code is approved by6
a majority of the qualified electors of the parish voting in an election held for that7
purpose.  In submitting a sales tax proposition to a vote, the board may enter into a8
cooperative endeavor agreement with the parish governing authority providing for9
the sales tax to be divided into parts between the parish and the authority for such10
purposes and in such amounts as may be set forth in the proposition.11
(b) The tax shall be levied upon the sale at retail, the use, the lease or rental,12
the consumption, the distribution, and storage for use or consumption of tangible13
personal property, and upon the sales of services within the parish, all as defined in14
R.S. 47:301 et seq.15
(c)  Except where inapplicable, the procedure established by R.S. 47:301 et16
seq. shall be followed in the imposition, collection, and enforcement of the tax, and17
procedural details necessary to supplement those Sections and to make them18
applicable to the tax authorized by this Paragraph shall be fixed in the resolution19
imposing the tax.20
(d) The tax shall be imposed and collected uniformly throughout the parish.21
(e) Any tax levied under this Paragraph shall be in addition to all other taxes22
which the parish or any other political subdivision within the parish is now or23
hereafter authorized to levy and collect.24
(14) To develop, activate, construct, exchange, acquire, improve, repair,25
operate, maintain, lease, mortgage, sell, and grant a security device affecting the26
movable and immovable property, servitudes, facilities, and works within the parish27
under such terms and conditions as the board may deem necessary or appropriate for28 HLS 11RS-503	REENGROSSED
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any public purpose, including industrial, residential, subdivision, and commercial1
development.2
(15) To borrow money and to pledge or grant a security device affecting all3
or part of its revenues, leases, rents, and other advantages as security for such loans.4
(16)  To appoint officers, agents, and employees, prescribe their duties, and5
fix their compensation.6
(17) To undertake and carry out redevelopment projects and related7
activities.8
(18) To apply for and accept advances, leases, grants, contributions, and any9
other form of financial assistance from the federal government, the state, parish, or10
other public bodies, or from any source, public or private, for the purposes of this11
Chapter, and to give such security as may be required and to enter into and carry out12
contracts or agreements in connection therewith, and to include in any contract for13
financial assistance with the federal government such conditions imposed pursuant14
to federal laws as the board may deem reasonable and appropriate and which are not15
inconsistent with the purposes of this Chapter.16
(19)  To make or have made all surveys and plans necessary to the carrying17
out of the purposes of this Chapter and to adopt or approve, modify, and amend such18
plans, which plans may include but are not limited to:19
(a) Plans for carrying out a program of voluntary or compulsory repair and20
rehabilitation of buildings and improvements.21
(b) Plans for the enforcement of state and local laws, codes, and regulations22
relating to the use of land and the use and occupancy of buildings and improvements23
and to the compulsory repair, rehabilitation, demolition, or removal of buildings and24
improvements.25
(c) Appraisals, title searches, surveys, studies, and other plans and work26
necessary to prepare for the undertaking of redevelopment projects and related27
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(20) To develop, test, and report methods and techniques and carry out1
demonstrations and other activities for the prevention and the elimination of slums2
and urban blight, including developing and demonstrating new or improved means3
of providing housing or continuing care, assisted living, or independent living or4
other similar type housing for elderly or retired persons or other persons desiring5
such housing facilities.6
(21) To make and from time to time amend and repeal bylaws, orders, rules,7
and regulations in order to effectuate the provisions of this Chapter.8
(22) To exercise all or any part or combination of powers granted by this9
Chapter.10
(23)  The authority shall not be deemed to be an instrumentality of the state11
for purposes of Article X, Section 1(A) of the Constitution of Louisiana.12
I.(1) The authority may incur debt and issue general obligation bonds under13
the authority of and subject to the provisions of Article VI, Section 33 of the14
Constitution of Louisiana, and Subpart A of Part III of Chapter 4 of Subtitle II of15
Title 39 of the Louisiana Revised Statutes of 1950, for the acquisition and operation16
of authority property or to carry out the other public purposes of this Chapter, and17
to issue any other bonds permitted by law, borrow money, and issue certificates of18
indebtedness, notes, and other debt obligations as evidence thereof and provide for19
the manner and method of repayment in accordance with law.20
(2) The authority may issue revenue bonds to finance the undertaking of a21
redevelopment project under this Chapter, or otherwise to acquire, purchase, lease,22
construct, or improve housing, residential development, subdivision development,23
commercial, research, industrial, or other plant sites and buildings, or other capital24
improvements authorized in this Chapter, including energy and pollution abatement25
and control facilities and necessary property and appurtenances thereto, and may sell,26
lease, sublease, or otherwise dispose of by suitable and appropriate contract to any27
enterprise locating or existing within the jurisdiction of the authority such sites,28
buildings, or facilities and appurtenances thereto, all or severally.  The funds derived29 HLS 11RS-503	REENGROSSED
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from the sale of such bonds may be disbursed in whole or in part upon delivery of1
the bonds as shall be provided in the contract between the authority and the2
residential, commercial, research, industrial, or other enterprise to be aided,3
encouraged, or benefitted subject to the requirements of this Chapter.4
(3) The authority may enter into, amend, or terminate, as it determines to be5
necessary or appropriate, any ancillary contracts to do either of the following:6
(a) Facilitate the issuance, sale, resale, purchase, repurchase, or payments of7
bonds, including without limitation bond insurance, letters of credit, and liquidity8
facilities.9
(b) Attempt to hedge risk or achieve a desirable effective interest rate or cash10
flow, all subject to the approval of the State Bond Commission.11
(4) Bonds issued under Paragraph (2) of this Subsection shall be authorized12
by resolution of the board and shall be limited obligations of the authority; the13
principal and interest, costs of issuance, and other costs incidental thereto shall be14
payable solely from the income and revenue derived from the sale, lease, or other15
disposition of the project or facility to be financed by the bonds issued under this16
Subsection, or from the income and revenue derived from the sale, lease, or other17
disposition of any existing project or facility acquired, constructed, and improved18
under the provision of this Subsection, or from any source available for such19
purpose; however, in the discretion of the authority, the bonds may be additionally20
secured by mortgage or other security device covering all or part of the project from21
which the revenues so pledged may be derived.  Any refunding bonds issued22
pursuant to this Subsection shall be payable from any source described in this23
Paragraph or from the investment of any of the proceeds of the refunding bonds24
authorized under this Subsection and shall not constitute an indebtedness or pledge25
of the general credit of the parish, as appropriate, or the authority within the meaning26
of any constitutional or statutory limitation of indebtedness and shall contain a recital27
to that effect. Bonds of the authority issued under this Subsection shall be issued in28
such form, shall be in such denominations, shall bear interest, shall mature in such29 HLS 11RS-503	REENGROSSED
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manner, and be executed by one or more members of the board as provided in the1
resolution authorizing the issuance thereof.  Such bonds may be subject to2
redemption at the option of and in the manner determined by the board in the3
resolution authorizing the issuance thereof.4
(5) No bonds or other evidences of indebtedness may be issued under this5
Subsection without the prior approval of the State Bond Commission of the terms6
and provisions thereof.7
(6)  Bonds issued under this Subsection shall be issued, sold, and delivered8
in accordance with the terms and provisions of a resolution adopted by the board.9
The board may sell such bonds in such manner, either at public or at private sale, and10
for such price as it may determine to be in the best interests of the authority, subject11
to the approval of the State Bond Commission. The resolution issuing bonds shall12
be published in a newspaper of general circulation within the jurisdiction of the13
authority, and for a period of thirty days after said publication, any interested citizen14
may bring an action to contest the bonds and the security therefor, as provided in the15
Constitution of Louisiana.  If, after the expiration of thirty days, no suit has been16
filed, the issuance, sale, and security of the bonds shall be incontestable, and no court17
shall have authority to entertain any action questioning or contesting such matters.18
(7) Bonds issued by the authority under this Chapter are deemed to be19
securities of public entities within the meaning of Chapters 13 and 13-A of Title 3920
of the Louisiana Revised Statutes of 1950, and shall be subject to defeasance in21
accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised22
Statutes of 1950, shall be subject to the refunding provisions of Chapter 14-A of23
Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued as short-24
term revenue notes of a public entity under Chapter 15-A of Title 39 of the Louisiana25
Revised Statutes of 1950.26
(8) No bonds, other debt obligations, or contracts of the authority shall be a27
charge upon the income, property, or revenue of the parish, nor shall any obligations28
of the authority be the obligations of the parish.29 HLS 11RS-503	REENGROSSED
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(9) Any bonds issued by the authority shall be subject to Part XVI of Chapter1
32 of Title 13 of the Louisiana Revised Statutes of 1950 (R.S. 13:5121 through2
5130), pursuant to which the issuance of the bonds may be submitted to the courts3
for validation.4
J.(1) The exercise by the board of the powers conferred by this Chapter shall5
be deemed and held to be an essential governmental function of the state and parish.6
As the exercise of the powers granted by this Chapter will be in all respects for the7
benefit of the people of the state and parish, for the increase of their commerce and8
prosperity, and for the improvement of their health and living conditions, the9
authority shall not be required to pay any taxes, including but not limited to sales and10
use taxes, ad valorem, occupational licensing, income, or any other taxes of any kind11
or nature, or fees or assessments upon any property held, acquired, or used by the12
authority under the provisions of this Chapter, or upon the income therefrom.  Any13
bonds, certificates, or other evidences of indebtedness issued by the authority and the14
income therefrom shall be exempt from taxation by the state and by any parish,15
municipality, or other political subdivision of the state. The authority is deemed not16
to be a public utility and shall not be subject in any respect to the authority, control,17
regulation, or supervision of the Louisiana Public Service Commission.18
(2) All property of the authority, including funds owned or held by it for the19
purpose of this Chapter, shall be exempt from levy and sale by virtue of an20
execution, and no execution or other judicial process shall issue against the same, nor21
shall judgment against the parish or authority be a charge or lien upon such property;22
however, the provisions of this Paragraph shall not apply to or limit the right of23
obligees to pursue any remedies for the enforcement of any pledge or lien given24
pursuant to this Chapter by the authority on its rents, fees, grants, or revenues.25
K.(1) The authority may purchase adjudicated properties within its territorial26
jurisdiction from any political subdivision of the state of Louisiana.  No such27
purchase shall be construed to or otherwise have the effect of extending or28 HLS 11RS-503	REENGROSSED
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suspending the period prescribed by law for the redemption of the property by the1
tax debtor or any other person.2
(2)  In addition to the authority set forth in Subpart B of Part IV of Chapter3
5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, such purchases4
by the authority may be by a direct negotiated purchase and sale agreement between5
the authority and a political subdivision without any other requirement of a public6
sale prior to the transfer of such properties to the authority.  Such purchases by the7
authority shall not be considered the sale of surplus property or of property owned8
by the political subdivision.9
(3) Effective upon the recordation of the transfer of an adjudicated property10
to the authority pursuant to a purchase and sale agreement, the rights of the authority11
in and to such property shall be the rights of a purchaser at a tax sale as contemplated12
by Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950,13
subject only to the rights of redemption of the property set forth in Article VII,14
Section 25(B) of the Constitution of Louisiana, and the property shall no longer be15
deemed to be adjudicated property as of such recordation. For purposes of the right16
of redemption in Article VII, Section 25(B) of the Constitution of Louisiana, the17
three-year period commences on the date of the recordation of the initial adjudication18
to the political subdivision and not on the date of transfer to the authority.19
(4) Any such purchase and sale agreement shall set forth the total20
consideration to be paid by the authority and the method and timing of payment of21
such consideration by the authority.22
(5) The state and any political subdivision with liens on the property may,23
pursuant to intergovernmental agreements with the authority, cancel such liens24
contemporaneously with or subject to the transfer of the property to the authority.25
(6)(a) The authority shall have the right, subject to the provisions of this26
Section, to purchase properties at tax sales conducted in accordance with R.S.27
47:2155 and 2156, and any and all such purchases shall be a purchase pursuant to28
R.S. 47:2155 and 2156 and not an adjudication to a political subdivision.29 HLS 11RS-503	REENGROSSED
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(b) A bid by the authority at a tax sale for the minimum amount shall take1
priority over all other bids for the same quantity of property, except for a higher bid2
submitted by a conventional mortgage holder holding a mortgage on the subject3
property.4
(7) The authority shall submit annual reports to the House Committee on5
Municipal, Parochial and Cultural Affairs and the Senate Committee on Local and6
Municipal Affairs and each member of the Iberia Parish legislative delegation7
concerning property purchased by the authority.  Such report shall be filed by March8
first each year and shall cover the previous calendar year. Each report shall include:9
(a) The legal description or other indication of the location of each property10
purchased.11
(b)  The amount paid for each property.12
(c) The minimum bid that was set for the property and the appraised value13
of the property.14
(d) A general description of the authority's plans for the property and how15
such plans advance the purposes for which the authority is created.16
L.(1) The authority shall have the power to create and execute17
redevelopment or development plans for specified areas within its territorial18
jurisdiction.  The implementation of all such plans shall not proceed until, to the19
extent required by law, the authority has obtained the approval of the local planning20
commission or zoning board. In the execution of such a redevelopment plan, the21
authority shall have the powers provided in this Subsection. The fact that a certain22
power is expressed or implied in this Paragraph as pertinent to the authority's23
execution of a redevelopment plan shall not suggest or imply that such power is24
otherwise denied to the authority.25
(2)  A redevelopment plan shall include a definition of the redevelopment26
area. This area, or any part thereof, may be further designated as a subdistrict of the27
authority.28 HLS 11RS-503	REENGROSSED
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(3) The authority may sell, lease, exchange, or otherwise transfer immovable1
property or any interest therein acquired by it for residential, recreational,2
commercial, industrial, or other uses or for public use, subject to such covenants,3
conditions, and restrictions, including covenants running with the land, as it may4
deem to be necessary or desirable to assist in carrying out the purposes of this5
Chapter. The purchasers or lessees and their successors and assigns shall be6
obligated to devote such immovable property only to the uses as the authority may7
determine to be in the public interest, including the obligation to begin within a8
reasonable time any improvements on such immovable property.  Such immovable9
property or interest shall be sold, leased, exchanged, or otherwise transferred at not10
less than its fair market value for uses in accordance with the redevelopment or11
development plan. In determining the fair market value of immovable property for12
uses in accordance with a redevelopment or development plan, the authority shall13
take into account and give consideration to the use provided in such plan, the14
restrictions upon and the covenants, conditions, and obligations assumed by the15
purchaser or lessee, and the objectives of such plan. The authority, in any instrument16
of conveyance to a private purchaser or lessee, may provide that such purchaser or17
lessee shall be without power to sell, lease, exchange, or otherwise transfer the18
immovable property without the prior written consent of the authority until such19
purchaser or lessee has completed the construction of any and all improvements20
which he has obligated himself to construct thereon. Immovable property acquired21
in accordance with the provisions of a plan shall be transferred as rapidly as feasible22
in the public interest, consistent with the carrying out of the provisions of the project23
plan.  Such plan and any substantial modification of such plan shall be filed as a24
public record in the office of the clerk of the parish, and any conveyances,25
encumbrances, or other contracts may incorporate the provisions thereof by reference26
which shall afford notice thereof to all parties.27
(4) The authority may dispose of, sell, exchange, or lease immovable28
property in a redevelopment area to any private person for the fair market value of29 HLS 11RS-503	REENGROSSED
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the property as determined by a certified and competent appraiser, or to any private1
person pursuant to reasonable competitive bidding procedures as it shall prescribe2
subject to the provisions set forth in this Paragraph.  Such reasonable bidding3
procedures must include public notice, by publication once each week for two4
consecutive weeks in a newspaper having a general circulation in the district,5
inviting proposals from and making available all pertinent information to private6
redevelopers or any persons interested in undertaking to redevelop or rehabilitate a7
redevelopment area or any part thereof. Such notice shall identify the area, or8
portion thereof, and shall state that proposals shall be made in writing by those in9
interest within thirty days after publication of such notice, and that such further10
information as is available may be obtained at such office as shall be designated in11
the notice.  The board shall consider all such redevelopment or rehabilitation12
proposals and the financial and legal ability of the persons making such proposals13
to carry them out, and may negotiate with any persons for proposals for the purchase,14
lease, or other transfer of any immovable property acquired by the authority in the15
redevelopment area.  The board may accept such proposal as it deems to be in the16
public interest and in furtherance of the purposes of this Chapter. Such notice, and17
all contracts to sell, lease, exchange, or otherwise transfer immovable property under18
the provisions of this Chapter, shall be a public record and shall include the name of19
the redeveloper or purchaser, together with the names of its officers and principal20
members or shareholders and investors and other interested parties, the redeveloper's21
estimate of the cost of any residential development and rehabilitations, and the22
redeveloper's estimate of rentals and sales prices of any proposed housing involved23
in such redevelopment and rehabilitation.  Thereafter, the board may execute such24
contract in accordance with the provisions of this Chapter and deliver acts of sale,25
leases, and other instruments and take all steps necessary to effectuate such contract.26
(5)  The authority may temporarily operate, maintain, or lease real property27
acquired by it in a redevelopment area for or in connection with a redevelopment28
project pending disposition of the property as authorized in this Chapter for such29 HLS 11RS-503	REENGROSSED
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uses and purposes as may be deemed desirable even though not in connection with1
the redevelopment plan.2
(6) Any real property within a redevelopment area acquired pursuant to3
Subsection K of this Section may be disposed of without regard to the other4
provisions of this Chapter. Real property acquired in accordance with the5
redevelopment plan may be disposed of to a public body for public reuse without6
regard to the provisions of this Subsection.7
(7) Notwithstanding any other provisions of this Chapter where an area in8
the parish is designated as a redevelopment area under the federal Area9
Redevelopment Act (Public Law 87-27), or any act supplementary thereto, land in10
a redevelopment project area designated under the redevelopment plan for industrial11
or commercial uses may be disposed of to any public body or nonprofit corporation12
for subsequent disposition as promptly as practicable by the public body or13
corporation for redevelopment in accordance with the redevelopment plan, and only14
the purchaser from or lessee of the public body or corporation, and his assignees,15
shall be required to assume the obligation of beginning the building of improvements16
within a reasonable time. Any disposition of land to a public body or corporation17
under this Paragraph shall be at its fair market value for uses in accordance with the18
redevelopment plan.19
M.(1) The authority may, in the implementation of a redevelopment plan,20
create one or more subdistricts to conduct, oversee, or assist in the implementation21
of such redevelopment plan. The boundaries of such a subdistrict may include all22
or part of the redevelopment area.  Such a subdistrict shall have and exercise such23
powers and responsibilities as the authority shall specify in the enabling resolution.24
The full extent of such powers and responsibilities may include such powers as the25
authority itself may exercise, and such other powers as are given to the subdistrict26
by this Paragraph or any other law, but any exercise of such powers by the subdistrict27
shall be confined solely to the geographical limits of the subdistrict. Such a28
subdistrict may be established to exist at the pleasure of the authority, or for any29 HLS 11RS-503	REENGROSSED
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period of time, or until the happening of any occurrence or occurrences that the1
authority may specify.2
(2) The creation of a subdistrict shall in no instance result in the detachment,3
severance, or loss of any power or responsibility granted to the authority by this4
Chapter, and within the confines of any subdistrict, the authority shall have full5
jurisdiction, concurrent with that of the subdistrict, to exercise said powers and6
responsibilities. The fact that a certain power is expressed or implied as pertinent to7
a subdistrict's conduct, overseeing, or assistance in the implementation of the8
redevelopment plan shall not suggest or imply that such power is otherwise denied9
to the authority; however, the authority and its subdistricts shall not collectively have10
any greater power to tax than that granted to the authority alone.11
(3) Unless otherwise specified in the resolution or other formal act creating12
the subdistrict, the board members of the authority shall constitute the governing13
authority of the subdistrict.14
(4) Unless otherwise specified in the resolution or other formal act creating15
the subdistrict, the subdistrict shall be a distinct and separate juridical entity, and the16
rights, interests, and liabilities of the subdistrict shall not under any circumstances17
be considered those of the authority.18
(5)(a) In addition to the other powers it may be granted, a subdistrict may,19
within its geographical boundaries, utilize tax increment financing, issue revenue20
bonds, and exercise powers that an economic development district created by a local21
governmental subdivision pursuant to R.S. 33:9038.32 is authorized to exercise;22
however, the subdistrict shall remain subject to all limitations and reservations23
applicable to the powers of the authority.24
(b) Prior to the dedication of any state sales tax increments to be used for an25
authorized purpose of a subdistrict, the secretary of the Department of Economic26
Development shall submit the proposal to the Joint Legislative Committee on the27
Budget for approval.  The submittal shall also include a written evaluation and28
determination by the department, with input from and certification by the29 HLS 11RS-503	REENGROSSED
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Department of Revenue, of the anticipated increase in state sales tax revenues to be1
collected within the state over state sales tax revenues that were collected within the2
state in the year immediately prior to the year in which the proposal is submitted to3
the committee that would be a direct result of the proposal.  In addition, any4
cooperative endeavor agreement or other agreement providing for the expenditure5
of funds collected by the state as state sales tax increments and dedicated to a project6
or for the payment of revenue bonds therefor shall be subject to approval by the State7
Bond Commission prior to execution by the state.8
N. All banks, trust companies, bankers, savings banks and institutions,9
building and loan associations, savings and loan associations, investment companies,10
and other persons carrying on a banking or investment business; all insurance11
companies, insurance associations, and other persons carrying on an insurance12
business; and all executors, administrators, curators, trustees, and other fiduciaries13
may legally invest any sinking funds, monies, or other funds belonging to them or14
within their control in any bonds or other obligations issued by the authority pursuant15
to this Chapter. Bonds and other obligations shall be authorized security for all16
public deposits. It is the purpose of this Subsection to authorize public or private17
persons, political subdivisions, and officers, public or private, to use any funds18
owned or controlled by them for the purchase of any bonds or other obligations of19
the authority.  Nothing contained in this Subsection with regard to legal investments20
shall be construed as relieving any person of any duty to exercise reasonable care in21
selecting securities.22
O. For the purpose of aiding in the planning, undertaking, or carrying out of23
a redevelopment or development project and related activities authorized by this24
Chapter, any public body may, upon such terms, with or without consideration as it25
may determine:26
(1) Dedicate, sell, convey, or lease any of its interest in any property or grant27
easements, licenses, or other rights or privileges therein to the authority.28 HLS 11RS-503	REENGROSSED
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(2) Incur the entire expense of any public improvement made by such public1
body.2
(3) Do any and all things necessary to aid or cooperate in the planning or3
carrying out of a redevelopment plan and related activities.4
(4) Lend, grant, or contribute funds to the authority in accordance with an5
appropriate cooperative endeavor agreement and borrow money and apply for and6
accept advances, loans, grants, contributions, and any other form of financial7
assistance from the federal government, the state, parish, or other public body, or8
from any other source.9
(5) Enter into agreements which may extend over any period,10
notwithstanding any provision or rule of law to the contrary, with the federal11
government or other public body respecting action to be taken pursuant to any of the12
powers granted by this Chapter, including the furnishing of funds or other assistance13
in connection with a redevelopment project and related activities.14
(6) Cause public buildings and public facilities, including parks,15
playgrounds, recreational, community, educational, water, sewer, or drainage16
facilities, or any other works which it is otherwise empowered to undertake to be17
furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or18
replan streets, roads, sidewalks, ways, or other places; plan or replan, zone or rezone,19
or make exceptions from building regulations.20
P. Any instrument executed, in proper form and with proper certification of21
authority, by the authority purporting to convey any right, title, or interest in any22
property under this Chapter shall be conclusively presumed to have been executed23
in compliance with provisions of this Chapter insofar as title or other interest of any24
bona fide purchasers, lessees, or transferees of the property is concerned.25
Q. Insofar as the provisions of this Chapter are inconsistent with the26
provisions of any other law, the provisions of this Chapter shall be controlling;27
however, the authority shall be subject to the provisions of the Local Government28 HLS 11RS-503	REENGROSSED
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Fair Competition Act, R.S. 45:844.41 et seq. The authority conferred by this Chapter1
shall be in addition and supplemental to the powers conferred by any other law.2
R.(1) In addition to other powers granted to the authority by this Chapter, the3
authority may initiate an expedited quiet title and foreclosure action under this4
Subsection to quiet title to immovable property held by the authority, interests in5
property purchased by the authority at tax sales, or in formerly adjudicated properties6
acquired by the authority from a political subdivision by recording with the7
conveyance records of the clerk of court and ex officio recorder of mortgages a8
notice of pending expedited quiet title and foreclosure action.  The notice shall9
include a legal description of the property; the street address of the property if10
available; the name, address, and telephone number of the authority; a statement that11
the property is subject to expedited quiet title proceedings and foreclosure under this12
Subsection; and a statement that any legal interest in the property may be13
extinguished by a district court order vesting title to the property in the authority.14
The right of redemption from tax sales in Article VII, Section 25(B) of the15
Constitution of Louisiana shall be terminated by these proceedings only if the time16
period for expiration of the right of redemption has expired. If a notice is recorded17
in error, the authority may correct the error by recording a certificate of correction18
with the register of conveyances.  A notice or certificate under this Subsection need19
not be notarized and may be authenticated by a digital signature or other electronic20
means. If the authority has reason to believe that a property subject to an expedited21
quiet title and foreclosure action under this Subsection may be the site of22
environmental contamination, the authority shall provide the Department of23
Environmental Quality with any information in its possession that suggests the24
property may be the site of environmental contamination.25
(2) After recording the notice under Paragraph (1) of this Subsection, the26
authority shall initiate a search of records identified in this Paragraph to identify the27
owners of a property interest in the property who are entitled to notice of the quiet28
title and foreclosure action under this Subsection. The authority may enter into a29 HLS 11RS-503	REENGROSSED
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contract with or may request from one or more authorized representatives a title1
search or other title product to identify the owners of a property interest in the2
property as required under this Paragraph or to perform the other functions set forth3
in this Subsection required for quieting the title to property.  The owner of a property4
interest is entitled to notice under this Subsection if that owner's interest is5
identifiable by reference to any of the following sources before the date that the6
authority records the notice under Paragraph (1) of this Subsection:7
(a) Land title records in the office of the recorder of mortgages and the8
register of conveyances.9
(b)  Tax records in the office of the assessor.10
(3) The authority may file a single petition with the district court to expedite11
foreclosure under this Subsection listing all property subject to expedited foreclosure12
by the authority and for which the authority seeks to quiet title. The list of properties13
shall include all of the following that are available to the authority: a legal14
description of, a tax parcel identification number for, and the street address of each15
parcel of property.  The petition shall seek a judgment in favor of the authority16
against each property listed and shall include a date, within ninety days of filing, on17
which the authority requests a hearing on the petition. The petition shall request that18
a judgment be entered vesting absolute title in the authority, without right of19
redemption for each parcel of property listed, as provided in this Paragraph. Prior20
to the entry of judgment, the authority may request the court to remove property21
erroneously included in the petition and any tax delinquent property redeemed prior22
to the hearing.23
(4) The district court in which a petition is filed under Paragraph (3) of this24
Subsection shall immediately set the date, time, and place for a hearing on the25
petition for foreclosure. The date shall be set by the court and shall not be more than26
ten days after the date requested by the authority in the petition. In no event may the27
court schedule the hearing later than ninety days after the filing of a petition by the28
authority under Paragraph (3) of this Subsection.29 HLS 11RS-503	REENGROSSED
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(5)  After completing the records search under Paragraph (2) of this1
Subsection, the authority shall determine the address or addresses reasonably2
calculated to inform those owners of a property interest in property subject to3
expedited foreclosure of the pendency of the quiet title and foreclosure hearing under4
Paragraph (11) of this Subsection. If, after conducting the title search, the authority5
is unable to determine an address reasonably calculated to inform persons with a6
property interest in property subject to expedited foreclosure, or if the authority7
discovers a deficiency in notice under this Subsection, the following shall be8
considered reasonable steps by the authority to ascertain the addresses of persons9
with a property interest in the property subject to expedited foreclosure or to10
ascertain an address necessary to correct a deficiency in notice under this Subsection:11
(a) For an individual, a search of records of the recorder of mortgages and12
the register of conveyances.13
(b) For a business entity, a search of business entity records filed with the14
commercial division of the Department of State.15
(c)  For a state or federal chartered depository financial institution, a search16
of entity records filed with the Louisiana Office of Financial Institutions or with the17
Federal Deposit Insurance Corporation (FDIC).18
(6) Not less than thirty days before the quiet title and foreclosure hearing19
under Paragraph (11) of this Subsection, the authority shall send notice by certified20
mail, return receipt requested, of the hearing to the persons identified under21
Paragraph (2) of this Subsection who have a property interest in property subject to22
expedited foreclosure. The authority shall also send a notice via regular mail23
addressed to the "Occupant" for each property subject to expedited foreclosure if an24
address for the property is ascertainable.25
(7) Not less than thirty days before the quiet title and foreclosure hearing, the26
authority or its authorized representative or authorized agent shall visit each parcel27
of property subject to expedited foreclosure and post on the property conspicuous28
notice of the hearing. In addition to the requirements of Paragraph (8) of this29 HLS 11RS-503	REENGROSSED
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Subsection, the notice shall also include the following statement: "This Property has1
been transferred to the Lafayette Parish Redevelopment Authority and is subject to2
an expedited quiet title and foreclosure action. Persons with information regarding3
the prior owner of the property are requested to contact the Lafayette Parish4
Redevelopment Authority."5
(8) The notices required under Paragraphs (6) and (7) of this Subsection shall6
include:7
(a) The date on which the authority recorded, under Paragraph (1) of this8
Subsection, notice of the pending expedited quiet title and foreclosure action.9
(b) A statement that a person with a property interest in the property may10
lose his interest as a result of the quiet title and foreclosure hearing under Paragraph11
(11) of this Subsection.12
(c) A legal description, parcel number of the property, and the street address13
of the property, if available.14
(d)  The person to whom the notice is addressed.15
(e) The date and time of the hearing on the petition for foreclosure and a16
statement that the judgment of the court may result in title to the property vesting in17
the authority.18
(f) An explanation of any rights of redemption and notice that the judgment19
of the court may extinguish any ownership interest in or right to redeem the property.20
(g)  The name, address, and telephone number of the authority.21
(h)  A statement that persons with information regarding the owner or prior22
owner of any of the properties are requested to contact the authority.23
(9) If the authority is unable to ascertain the address reasonably calculated24
to inform the owners of a property interest entitled to notice under this Section, or25
is unable to provide notice under Paragraphs (6) and (7) of this Subsection, the26
authority shall provide notice by publication.  Prior to the hearing, a notice shall be27
published for three successive weeks, once each week, in a newspaper published and28
circulated in the parish.  The published notice shall include all of the following:29 HLS 11RS-503	REENGROSSED
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(a) A legal description, parcel number of the property, and the street address1
of the property, if available.2
(b) The name of any person not notified under Paragraphs (6) and (7) of this3
Subsection that the authority reasonably believes may be entitled to notice of the4
quiet title and foreclosure hearing.5
(c) A statement that a person with a property interest in the property may6
lose his interest as a result of the foreclosure proceeding.7
(d)  The date and time of the hearing on the petition for foreclosure.8
(e) A statement that the judgment of the court may result in title to the9
property vesting in the authority.10
(f)  An explanation of any rights of redemption and notice that judgment of11
the court may extinguish any ownership interest in or right to redeem the property.12
(g)  The name, address, and telephone number of the authority.13
(h)  A statement that persons with information regarding the owner or prior14
owner of any of the properties are requested to contact the authority.15
(10) If prior to the quiet title and foreclosure hearing the authority discovers16
any deficiency in the provision of notice under this Subsection, the authority shall17
take reasonable steps in good faith to correct the deficiency before the hearing. The18
provisions of this Subsection relating to notice of the quiet title and foreclosure19
hearing are exclusive and exhaustive. Other requirements relating to notice and20
proof of service under other law, rule, or other legal requirement are not applicable21
to notice or proof of service under this Subsection.22
(11)  If a petition for expedited quiet title and foreclosure is filed under23
Paragraph (3) of this Subsection, before the hearing, the authority shall file with the24
clerk of the district court proof of notice by certified mail under Paragraph (6) of this25
Subsection, proof of notice by posting on the property under Paragraph (7) of this26
Subsection, and proof of notice by publication, if applicable. A person claiming an27
interest in a parcel of property set forth in the petition for foreclosure, including a28
current holder of a conventional mortgage, who desires to contest that petition shall29 HLS 11RS-503	REENGROSSED
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file written objections with the clerk of the district court and serve those objections1
on the authority before the date of the hearing. The district court may appoint and2
utilize, as the court considers necessary, a curator for assistance with the resolution3
of any objections to the foreclosure or questions regarding the title to property4
subject to foreclosure. If the court withholds property from foreclosure, the5
authority's ability to include the property in a subsequent petition for expedited quiet6
title and foreclosure is not prejudiced. No injunction shall issue to stay an expedited7
quiet title and foreclosure action under this Subsection. The district court shall enter8
judgment on a petition to quiet title and foreclosure filed under this Subsection not9
more than ten days after the conclusion of the hearing or contested case, and the10
judgment shall become effective ten days after the conclusion of the hearing or11
contested case.  The district court's judgment shall specify all of the following:12
(a) The legal description and, if known, the street address of the property13
foreclosed.14
(b) That title to property foreclosed by the judgment is vested absolutely in15
the authority, except as otherwise provided in this Subsection, without any further16
rights of redemption.17
(c) That all liens against the property, including any lien for unpaid taxes or18
special assessments, are extinguished.19
(d) That, except as otherwise provided in Subparagraph (e) of this Paragraph,20
the authority has good and marketable title to the property.21
(e) That all existing recorded and unrecorded interests in that property are22
extinguished, except a visible or recorded easement or right-of-way or private deed23
restrictions.24
(f) A finding that all persons entitled to notice and an opportunity to be heard25
have been provided that notice and opportunity.  A person shall be deemed to have26
been provided notice and an opportunity to be heard if the authority followed the27
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quiet title and foreclosure, and by publication under this Subsection, or if one or1
more of the following apply:2
(i) The person had constructive notice of the hearing by acquiring an interest3
in the property after the date of the recording, under Paragraph (1) of this Subsection,4
of the notice of pending expedited quiet title and foreclosure action.5
(ii) The person appeared at the hearing or submitted written objections to the6
district court under this Subsection prior to the hearing.7
(iii)  Prior to the hearing, the person had actual notice of the hearing.8
(12) Except as otherwise provided in Subparagraph (11)(e) of this9
Subsection, title to property set forth in a petition for foreclosure filed under10
Paragraph (3) of this Subsection shall vest absolutely in the authority upon the11
effective date of the judgment by the district court, and the authority shall have12
absolute title to the property.  The authority's title shall not be subject to any13
recorded or unrecorded lien, except as provided in Paragraph (11) of this Subsection,14
and shall not be stayed or held invalid, except as provided in Paragraph (13) of this15
Subsection.  A judgment entered under this Subsection is a final order with respect16
to the property affected by the judgment and shall not be modified, stayed, or held17
invalid after the effective date of the judgment, except as provided in Paragraph (13)18
of this Subsection.19
(13) The authority or a person claiming to have a property interest in20
property foreclosed under this Subsection may, within twenty-on e days of the21
effective date of the judgment under this Subsection, appeal the district court's order22
or the district court's judgment foreclosing property to the court of appeals. The23
appeal of the judgment shall be entitled to preference and priority and shall be24
handled on an expedited basis by the court of appeal and, if applicable, the Louisiana25
Supreme Court. In such cases, the record shall be prepared and filed within fifteen26
days of the granting of the order of appeal.  The court of appeal shall hear the case27
within thirty days after the filing of the appellee's brief.  An appeal under this28
Paragraph is limited to the record of the proceedings in the district court under this29 HLS 11RS-503	REENGROSSED
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Subsection. The district court's judgment foreclosing property shall be stayed until1
the court of appeals has reversed, modified, or affirmed that judgment. If an appeal2
under this Paragraph stays the district court's judgment foreclosing property, the3
district court's judgment is stayed only as to the property that is the subject of that4
appeal, and the district court's judgment foreclosing other property that is not the5
subject of that appeal is not stayed.  To appeal the district court's judgment6
foreclosing property, a person appealing the judgment shall pay to the authority any7
taxes, interest, penalties, and fees due on the property and provide notice of the8
appeal to the authority within twenty-one days after the district court's judgment9
becomes effective.  If the district court's judgment foreclosing the property is10
affirmed on appeal, the amount determined to be due shall be refunded to the person11
who appealed the judgment. If the district court's judgment foreclosing the property12
is reversed or modified on appeal, the authority shall refund the amount determined13
to be due to the person who appealed the judgment, if any, and forward the balance14
to the appropriate taxing jurisdictions in accordance with the order of the court of15
appeals.16
(14) The authority shall record a notice of judgment for each parcel of17
foreclosed property in the office of the register of conveyances.  If the authority18
records a notice of judgment in error, the authority shall subsequently record a19
certificate of correction. A notice or certificate under this Paragraph need not be20
notarized and may be authenticated by a digital signature or other electronic means.21
After the entry of a judgment foreclosing the property under this Subsection, if the22
property has not been transferred by the authority, the authority shall cancel the23
foreclosure by recording with the register of conveyances a certificate of error, if the24
authority discovers any of the following:25
(a) The description of the property used in the expedited quiet title and26
foreclosure proceeding was so indefinite or erroneous that the foreclosure of the27
property was void.28 HLS 11RS-503	REENGROSSED
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(b) An owner of an interest in the property entitled to notice of the expedited1
quiet title and proceedings against the property under this Subsection was not2
provided notice sufficient to satisfy the minimum due process requirements of the3
Constitution of Louisiana and the Constitution of the United States.4
(c) A judgment of foreclosure was entered under this Subsection in violation5
of a stay in a bankruptcy proceeding.6
(15) If a judgment of foreclosure is entered under this Subsection and all7
existing recorded and unrecorded interests in a parcel of property are extinguished8
as provided in this Subsection, the owner of any extinguished recorded or unrecorded9
interest in that property who claims that he did not receive notice of the expedited10
quiet title and foreclosure action shall not bring an action for possession of the11
property against any subsequent owner but may bring an action only to recover12
monetary damages from the authority as provided in this Paragraph.  The district13
court has original and exclusive jurisdiction in any action to recover monetary14
damages under this Paragraph.  An action to recover monetary damages under this15
Paragraph shall not be brought more than two years after a judgment for foreclosure16
is entered under this Subsection. Any monetary damages recoverable under this17
Paragraph shall be determined as of the date a judgment for foreclosure is entered18
under this Subsection and shall not exceed the fair market value of the interest in the19
property held by the person bringing the action on that date, less any taxes, interest,20
penalties, and fees owed on the property as of that date.  The right to sue for21
monetary damages under this Paragraph shall not be transferable except by testate22
or intestate succession.23
(16) The owner of a property interest with notice of the quiet title and24
foreclosure hearing may not assert any of the following:25
(a) That notice to the owner was insufficient or inadequate in any way26
because some other owner of a property interest in the property was not notified.27
(b) That any right to redeem tax reverted property was extended in any way28
because some other person was not notified.29 HLS 11RS-503	REENGROSSED
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(17) A person holding or formerly holding an interest in tax reverted1
property subject to expedited foreclosure under this Subsection is barred from2
questioning the validity of the expedited foreclosure under this Subsection.3
(18) The failure of the authority to comply with any provision of this4
Subsection shall not invalidate any proceeding under this Subsection if a person with5
a property interest in property subject to foreclosure was accorded the minimum due6
process required under the Constitution of Louisiana and the Constitution of the7
United States.8
(19) It is the intent of the legislature that the provisions of this Subsection9
relating to the expedited quiet title and foreclosure of property by the authority10
satisfy the minimum requirements of due process required under the Constitution of11
Louisiana and the Constitution of the United States but that the provisions do not12
create new rights beyond those required under the Constitution of Louisiana or the13
Constitution of the United States. The failure of the authority to follow a14
requirement of this Section relating to the expedited quiet title and foreclosure of15
property held by the authority shall not be construed to create a claim or cause of16
action against the authority unless the minimum requirements of due process17
accorded under the Constitution of Louisiana or the Constitution of the United States18
are violated.19
(20) As used in this Subsection, "authorized representative" includes one or20
more of the following:21
(a) A title insurance company or agent licensed to conduct business in this22
state.23
(b)  An attorney licensed to practice law in this state.24
(c) A person accredited in land title search procedures by a nationally25
recognized organization in the field of land title searching.26
(d) A person with demonstrated experience in the field of searching land title27
records, as determined by the authority.28 HLS 11RS-503	REENGROSSED
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(21) As used in this Subsection, "district court" shall mean the Sixteenth1
Judicial District Court.2
S. As used in this Chapter, the following terms shall have the meaning3
ascribed to them in this Subsection:4
(1) "Bonds" means any bonds, notes, interim certificates, certificates of5
indebtedness, debentures, or other obligations.6
(2) "Federal government" means any department, agency, or instrumentality,7
corporate or otherwise, of the United States of America.8
(3) "Owners of a property interest" means anyone with an interest in9
immovable property filed for record in the conveyance records or mortgage records10
of the clerk of court and ex officio recorder of mortgages for the parish of Lafayette11
where the property is located, including a naked owner, a usufructuary, a mortgagee,12
a judgment creditor, or a holder of a personal or predial servitude.13
(4) "Public body" means the state and any parish and any board, authority,14
agency, district, subdivision, department, or instrumentality, corporate or otherwise,15
of the state or any parish.16
(5) "Real property" or "immovable property" means any and all right, title,17
and interest in a tract of land, including its component parts and liens.18
Section 2.  R.S. 44:4.1(B)(18) is hereby amended and reenacted to read as follows:19
§4.1.  Exceptions20
*          *          *21
B. The legislature further recognizes that there exist exceptions, exemptions,22
and limitations to the laws pertaining to public records throughout the revised23
statutes and codes of this state. Therefore, the following exceptions, exemptions, and24
limitations are hereby continued in effect by incorporation into this Chapter by25
citation:26
*          *          *27
(18) R.S. 33:1334, 2182, 2428, 4720.151, 4720.201, 4891, 9109, 9128, 961428
*          *          *29 HLS 11RS-503	REENGROSSED
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Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Robideaux	HB No. 531
Abstract: Creates the Lafayette Parish Redevelopment Authority to provide for the
utilization of appropriate private and public resources to eliminate and prevent the
development or spread of blighted and distressed areas.  Defines the duties,
liabilities, authority, and functions of such redevelopment authority, including the
power to levy ad valorem taxes and sales and use taxes.
Proposed law creates and provides for the Lafayette Parish Redevelopment Authority to
provide for the utilization of appropriate private and public resources to eliminate and
prevent the development or spread of slum, blighted, and distressed areas. Provides that the
authority is a special district and political subdivision of the state.  Provides that the
authority shall be comprised of the territory in the Lafayette Parish, including the territory
comprising the municipalities of Broussard, Carencro, Duson, Scott, and Youngsville.
Authorizes the governing authority of each municipality to opt out of being included within
the territorial boundaries of the district. Provides that the authority shall be activated and
implemented by the parish governing authority recognizing and confirming the appointment
of the initial five members of the board.
Proposed law provides that the Lafayette Parish Redevelopment Authority shall be governed
by a five-member board of commissioners, referred to as the "board" in proposed law,
appointed as follows:
(1)One member appointed by the city-parish president of the Lafayette City-Parish
Consolidated Government.
(2)One member appointed by the governing authority of the Lafayette City-Parish
Consolidated Government.
(3)One member appointed by the member(s) who represent House District No. 44.
(4)One member appointed by the member(s) who represent Senate District No. 24.
(5)One member appointed by the governing board of the Community Foundation of
Acadiana.
Proposed law requires that all appointments be confirmed by the governing authority of
Lafayette Parish.  Requires the appointing authority to present its initial appointees to the
governing authority no later than Dec. 31, 2011. Provides that the governing authority shall
have the right to confirm or reject the appointment.  Provides that such confirmation or
rejection shall be made in the manner and under the procedure prescribed by the governing HLS 11RS-503	REENGROSSED
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authority.  Provides that if the governing authority does not reject the appointment within
60 days after the presentation, then the appointment shall be deemed confirmed.
Proposed law requires that each board member be a citizen of the U.S., a domiciliary of and
a qualified voter in Lafayette Parish for at least one year preceding the date of appointment,
and shall remain a domiciliary of and a qualified voter of such jurisdiction during the
entirety of the term of office.  Additionally requires that each board member be of good
character and possess some skill, knowledge, or experience that will prove useful in the
accomplishment of the goals of the authority.
Proposed law provides that each board member shall serve for a term of four years, unless
and until removed for cause by the board or removed for any reason by authorized action of
the appointing authority.
Proposed law requires members of the board to serve without compensation, but authorizes
the board to reimburse any member for expenses actually incurred in the performance of
duties on behalf of the authority.
Proposed law provides that all actions of the board shall be approved by the affirmative vote
of a majority of the members present and voting. Provides however, that no action of the
board shall be authorized on the following matters unless approved by a majority of the total
board membership:
(1)Adoption of bylaws and other rules and regulations for conduct of the authority's
business.
(2)Hiring or firing of any employee or contractor of the authority.  Provides that this
function may by majority vote be delegated by the board to a specified officer or
committee of the authority, under such terms and conditions, and to the extent, that
the board may specify.
(3)The incurring of debt.
(4)Levy of taxes and call for any tax or other election.
(5)Adoption or amendment of the annual budget.
(6)Sale, lease, encumbrance, or alienation of real property, improvements, or personal
property with an assessed value of more than $20,000.
Proposed law provides that the authority, through the board, shall have all powers necessary
or convenient to carry out its objectives and purposes, including but not limited to the
following:
(1)To sue and be sued and as such to stand in judgment.
(2)To adopt, use, and alter at will a corporate seal.
(3)To acquire, hold, and use any property.  Provides that the authority shall not have
any power to expropriate, except that power which is granted by the appropriate
governing authority.
(4)To convey to the U.S., the state, or to any political subdivision of the state any
property or other thing of value for use by the governmental entity to accomplish the
objectives and purposes of the authority, pursuant to the terms of any appropriate
cooperative endeavor agreement. HLS 11RS-503	REENGROSSED
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(5)To make and collect reasonable charges for the use of property of the authority and
for services rendered by the authority and to regulate fees or rentals charged for use
of privately owned facilities located on property owned or sold by the authority when
such facilities are offered for use by the public or by a private industrial, commercial,
research, or other economic development entity or activity.
(6)To require and issue licenses.
(7)To levy annually an ad valorem tax and sales and use tax subject to voter approval.
(8)To borrow money and to pledge or grant a security device affecting all or part of its
revenues, leases, rents, and other advantages as security for such loans.
(9)To appoint officers, agents, and employe es, prescribe their duties, and fix their
compensation.
Proposed law provides that the authority shall not be deemed to be an instrumentality of the
state for purposes of the state civil service provisions of the state constitution.
Proposed law authorizes the authority to incur debt and issue general obligation bonds under
the authority of and subject to the provisions of state law for the acquisition and operation
of authority property.  Additionally authorizes the authority to issue any other bonds
permitted by law, borrow money, and issue certificates of indebtedness, notes, and other debt
obligations as evidence thereof and provide for the manner and method of repayment in
accordance with law.
Proposed law authorizes the authority to issue revenue bonds to finance the undertaking of
a redevelopment project, or otherwise to acquire, purchase, lease, construct, or improve
housing, residential development, subdivision development, commercial, research,
industrial, or other plant sites and buildings, or other capital improvements. Authorizes the
authority to enter into, amend, or terminate, as it determines to be necessary or appropriate,
any ancillary contracts for certain purposes.
Proposed law provides that the authority shall not be required to pay any taxes.  Provides
that any bonds, certificates, or other evidences of indebtedness issued by the authority and
the income therefrom shall be exempt from taxation by the state and by any parish,
municipality, or other political subdivision of the state. Proposed law further requires the
authority to annually submit a report to the House and Senate committees on municipal
affairs regarding the properties purchased, the amount paid for the properties, and the
authority's plans for the property.
Proposed law authorizes the authority to purchase adjudicated properties within its
jurisdiction from any political subdivision of the state. Provides that no such purchase shall
be construed to, or otherwise have the effect of, extending or suspending the period
prescribed by law for the redemption of the property by the tax debtor or any other person.
Proposed law provides that the authority shall have the power to create and execute
redevelopment or development plans for specified areas within its jurisdiction. Provides that
the implementation of all such plans shall not proceed until, to the extent required by law,
the authority has obtained the approval of the local planning commission or zoning board.
Provides that a redevelopment plan shall include a definition of the redevelopment area.
Provides that the area, or any part thereof, may be further designated as a subdistrict of the
authority.
Proposed law authorizes the authority to sell, lease, or otherwise transfer immovable
property or any interest therein acquired by it in redevelopment areas for residential,
recreational, commercial, industrial, or other uses or for public use, in accordance with the
redevelopment plan, subject to such covenants, conditions, and restrictions, including HLS 11RS-503	REENGROSSED
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covenants running with the land, as it may deem to be necessary or desirable to assist in
preventing the development or spread of future slums or blighted areas or to provide for the
elimination thereof or to otherwise carry out the purposes of 	proposed law.
Proposed law authorizes the authority to dispose of, sell, or lease immovable property in a
redevelopment area to any private person for the fair market value of the property as
determined by a certified and competent appraiser, or to any private person pursuant to
reasonable competitive bidding procedures as it shall prescribe subject to the provisions of
proposed law.  Requires that such bidding procedures include public notice.
Proposed law authorizes the authority to temporarily operate, maintain, or lease real property
acquired by it in a redevelopment area for or in connection with a redevelopment project
pending disposition of the property for such uses and purposes as may be deemed desirable
even though not in connection with the redevelopment plan.
Proposed law provides that any real property within a redevelopment area may be disposed
of without regard to the provisions of proposed law. Provides that real property acquired in
accordance with a redevelopment plan may be disposed of to a public body for public reuse
without regard to the provisions of proposed law.
Proposed law provides that where an area in the parish is designated as a redevelopment area
under the federal Area Redevelopment Act (P.L. 87-27), or any act supplementary thereto,
land in a redevelopment project area designated under the redevelopment plan for industrial
or commercial uses may be disposed of to any public body or nonprofit corporation for
subsequent disposition as promptly as practical by the public body or corporation for
redevelopment in accordance with the redevelopment plan.
Proposed law authorizes the authority to, in the implementation of a redevelopment plan,
create a subdistrict(s) to conduct, oversee, or assist in the implementation of such
redevelopment plan.  Provides that the boundaries of such a subdistrict may include all or
part of the redevelopment area and provides that such a subdistrict shall have and exercise
such powers and responsibilities as the authority shall specify in the enabling resolution.
Proposed law provides that the creation of a subdistrict shall in no instance result in the
detachment, severance, or loss of any power or responsibility granted to the authority; within
the confines of any subdistrict the authority shall have full jurisdiction, concurrent with that
of the subdistrict, to exercise said powers and responsibilities.  Further provides the
restriction that the authority and any subdistrict it creates shall not collectively have any
greater power to tax than that granted to the authority alone. Provides that unless otherwise
specified in the resolution or other formal act creating the subdistrict, the board members of
the authority shall constitute the governing authority of the subdistrict.
Proposed law provides that in addition to the other powers it may be granted, a subdistrict
may enjoy, within its geographical boundaries, the powers of tax increment financing, the
issuance of revenue bonds, and those other powers that may be exercised by an economic
development district created by a local governmental subdivision pursuant to present law
(R.S. 33:9038.2).
Proposed law provides that all banks, trust companies, bankers, savings banks and
institutions, building and loan associations, savings and loan associations, investment
companies, and other persons carrying on a banking or investment business; all insurance
companies, insurance associations, and other persons carrying on an insurance business; and
all executors, administrators, curators, trustees, and other fiduciaries may legally invest any
sinking funds, monies, or other funds belonging to them or within their control in any bonds
or other obligations issued by the authority.
Proposed law provides that bonds and other obligations shall be authorized security for all
public deposits. Provides that it is the purpose of proposed law to authorize any public or HLS 11RS-503	REENGROSSED
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private persons, political subdivisions, and officers, public or private, to use any funds
owned or controlled by them for the purchase of any bonds or other obligations. Provides
that nothing contained in proposed law with regard to legal investments shall be construed
as relieving any person of any duty to exercise reasonable care in selecting securities.
Proposed law provides that any instrument executed, in proper form and with proper
certification of authority, by an authority purporting to convey any right, title, or interest in
any property pursuant to proposed law shall be conclusively presumed to have been executed
in compliance with provisions of proposed law insofar as title or other interest of any bona
fide purchasers, lessees, or transferees of the property is concerned.
Proposed law provides that insofar as the provisions of proposed law are inconsistent with
the provisions of any other law, the provisions of proposed law shall be controlling.
Provides however, that the authority shall be subject to the provisions of the Local
Government Fair Competition Act, R.S. 45:844.41 et seq.  Additionally provides that the
authority conferred by proposed law shall be in addition and supplemental to the powers
conferred by any other law.
Proposed law further provides for an expedited procedure to enable the authority to more
efficiently quiet title and initiate a foreclosure action regarding immovable property acquired
by the authority.
Proposed law requires the authority to file a notice with the clerk of court regarding the
property for which it is attempting to quiet title. Requires that the notice include the legal
description of the property, the street address of the property (if any), the name, address, and
telephone number of the authority, a statement that the property is subject to expedited quiet
title proceeding and foreclosure, and a statement that any legal interests in the property may
be extinguished by a district court order vesting title to the property in the authority.
Provides for additional procedures if there is a deficiency in the notice.
Proposed law requires the authority, if it has reason to believe that a property subject to an
expedited quiet title proceeding and foreclosure may be the site of environmental
contamination, to provide the Dept. of Environmental Quality with any information in the
possession of the authority that suggests such is the case.
Proposed law requires the authority, after recording the notice, to initiate a records search
in order to determine the owners who have any interest in the property subject to the
expedited procedure. Authorizes the authority to enter into a contract with or request from
one or more authorized representatives a title search or other title product to identify the
owners of a property interest. Provides that the owner of a property interest is entitled to
notice under proposed law if that owner's interest is identifiable by reference to any of the
following sources before the date that the authority records the notice:
(1)Land title records in the office of the recorder of mortgages and the register of
conveyances.
(2)Tax records in the office of the assessor.
Proposed law authorizes the authority to file a single petition with the district court which
lists all of the property subject to expedited foreclosure.  Requires the authority to request
a hearing on the petition within 90 days seeking a judgment in favor of the authority against
each property, without the right of redemption.  Requires the clerk of the district court to
immediately set the date, time, and place for the hearing not more than 10 days after the date
requested by the authority in the petition.
Proposed law requires the authority to send notice of the hearing, not less than 30 days prior,
by certified mail to any person identified as having an interest in the property subject to the HLS 11RS-503	REENGROSSED
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expedited foreclosure proceeding. Requires the authority to also send notice via regular mail
addressed to "Occupant" to each property subject to expedited foreclosure.
Proposed law further requires the authority, or its authorized representative, to post a written
notice on each property at least 30 days prior to the expedited foreclosure hearing. Requires
that each notice include specified information.
Proposed law requires the authority, if it is unable to provide the appropriate notice, to
provide notice through publication for three consecutive weeks prior to the hearing on the
matter in a newspaper published and circulated in the Lafayette Parish.
Proposed law requires the authority to file proof of the notice required by 	proposed law,
proof of notice by posting on the property, if applicable, and proof of notice by publication,
if applicable, with the clerk of the district court prior to the hearing.  Requires any person
who has an interest in the property subject to the expedited foreclosure to file written
objections with the clerk and serve those objections on the authority prior to the hearing.
Proposed law requires the district court to enter judgment on the petition not more than 10
days following the conclusion of the hearing or contested case.  Requires the judgment to
specify certain information.
Proposed law provides that except as otherwise provided in proposed law, title to property
set forth in a petition for foreclosure shall vest absolutely in the authority upon the effective
date of the judgment by the district court. Provides that the authority shall have absolute title
to the property, and the title is not subject to any recorded or unrecorded lien, except as
otherwise provided in proposed law and shall not be stayed or held invalid except as
otherwise provided in proposed law. Provides that a judgment is a final order with respect
to the property affected by the judgment and shall not be modified, stayed, or held invalid
after the effective date of the judgment, except as otherwise provided in proposed law.
Proposed law provides that any person with an interest in the foreclosed property may appeal
the district court's order or district court's judgment within 21 days following the effective
date of the judgment. Provides that the appeal of the judgment shall be entitled to preference
and priority and handled on an expedited basis by the court of appeal and, if applicable, the
La. Supreme Court. Provides that in such cases, the record shall be prepared and filed within
15 days of the granting of the order of appeal. Requires the court of appeal to hear the case
within 30 days after the filing of the appellee's brief. Further provides that an appeal is
limited to the record of the proceedings in the district court. Provides that the district court's
judgment foreclosing property shall be stayed until the court of appeals has reversed,
modified, or affirmed that judgment.
Proposed law provides that if an appeal stays the district court's judgment foreclosing
property, the district court's judgment is stayed only as to the property that is the subject of
that appeal. Provides that the district court's judgment foreclosing other property that is not
the subject of that appeal is not stayed. Requires a person appealing the judgment to pay to
the authority any taxes, interest, penalties, and fees due on the property and to provide notice
of the appeal to the authority within 21 days after the district court's judgment is effective.
Provides that if the district court's judgment foreclosing the property is affirmed on appeal,
the amount determined to be due shall be refunded to the person who appealed the judgment.
Provides that if the district court's judgment foreclosing the property is reversed or modified
on appeal, the authority shall refund the amount determined to be due to the person who
appealed the judgment, if any, and forward the balance to the appropriate taxing jurisdictions
in accordance with the order of the court of appeals.
Proposed law provides that it is the intent of the legislature that the provisions of proposed
law relating to the expedited quiet title and foreclosure of property by the authority satisfy
the minimum requirements of due process required under the state constitution and the U.S.
Constitution. Provides that the provisions do not create new rights beyond those required HLS 11RS-503	REENGROSSED
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under the state constitution or the U.S. Constitution. Provides that the failure of the authority
to follow a requirement of proposed law shall not be construed to create a claim or cause of
action against the authority unless the minimum requirements of due process accorded under
the state constitution or the U.S. Constitution are violated.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 44:4.1(B)(18); Adds R.S. 33:4720.201)