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Regular Session, 2011
HOUSE BILL NO. 619
BY REPRESENTATIVE LEGER
DISTRICTS/SPECIAL: Creates the La. Sports and Entertainment District in New Orleans
AN ACT1
To enact Subpart B-46 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 33:130.841 through 130.848, relative to economic3
and community development in Orleans Parish; to create the Louisiana Sports and4
Entertainment District as a political subdivision of the state; to provide for the5
boundaries and governance of the district; to provide for the board of commissioners6
and its authority, powers, duties, and functions; to provide for the imposition of fees7
on the use or occupancy of properties in the district; to provide for the authority to8
create subdistricts within the district; to authorize the district to issue and sell bonds9
and other debt obligations and to finance debt by the pledge of tax increments; and10
to provide for related matters.11
Notice of intention to introduce this Act has been published12
as provided by Article III, Section 13 of the Constitution of13
Louisiana.14
Be it enacted by the Legislature of Louisiana:15
Section 1. Subpart B-46 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised16
Statutes of 1950, comprised of R.S. 33:130.841 through 130.848, is hereby enacted to read17
as follows:18
SUBPART B-46. LOUISIANA SPORTS AND ENTERTAINMENT DISTRICT19
§130.841. Title20
The provisions of this Subpart shall hereafter be known as and may be cited21
as the "Louisiana Sports and Entertainment District Act".22 HLS 11RS-1215 ENGROSSED
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§130.842. Louisiana Sports and Entertainment District; creation; territorial1
jurisdiction2
A. The Louisiana Sports and Entertainment District, a body politic and3
corporate, referred to in this Subpart as the "district", is hereby created in the city of4
New Orleans, referred to in this Subpart as the "city". The district shall be5
comprised of all the property bounded by Poydras Street, Loyola Avenue, Girod6
Street, South Liberty Street, Julia Street, Le Rouge Street, Howard Avenue, and7
South Claiborne Avenue, referred to in this Subpart as the "property".8
B. The district shall be a political subdivision of the state as defined in9
Article VI, Section 44 of the Constitution of Louisiana. Pursuant to Article VI,10
Sections 19 and 21 of the Constitution of Louisiana, the district is hereby granted all11
of the rights, powers, privileges, and immunities accorded by law and the12
Constitution of Louisiana to political subdivisions of the state, subject to the13
limitations provided in this Subpart.14
§130.843. Purpose15
The district is created to provide for cooperative economic and community16
development among the district, the city, the state, and the owners of property in the17
district, to enhance the development of and improvement to the property within the18
area of the district, and to expand the entertainment and leisure activities within the19
district.20
§130.844. Governance21
A. In order to provide for the orderly development of the district and effect22
the purposes of the district, the district shall be administered and governed by a23
board of commissioners, referred to in this Subpart as the "board", composed of24
those members duly appointed to and serving on the Board of Commissioners of the25
Louisiana Stadium and Exposition District.26
B. The members of the board shall serve without salary or per diem. The27
board may reimburse any member for reasonable, actual, and necessary expenses28
incurred in the performance of his duties pursuant to this Subpart.29 HLS 11RS-1215 ENGROSSED
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C. The board shall elect from among its members a president, a vice1
president, a secretary, and a treasurer, whose duties shall be those usual to such2
offices. At the option of the board, the offices of secretary and treasurer may be held3
by one person.4
D. The board shall meet in regular session once each month and shall also5
meet in special session as often as the president of the board convenes the board or6
upon the written request of three members. A majority of the members of the board7
shall constitute a quorum for the transaction of business. All such meetings shall be8
public meetings subject to the provisions of R.S. 42:14. The board shall keep9
minutes of all meetings and shall make them available for inspection through the10
board's secretary or secretary-treasurer, who shall also maintain the minute books11
and archives of the district. The monies, funds, and accounts of the district shall be12
in the official custody of the board.13
E. The domicile of the board shall be established by the board at a location14
within the district. The official journal of the district shall be the official journal of15
the Louisiana Stadium and Exposition District.16
§130.845. Rights and powers17
The district, acting by and through its board, shall have and exercise all18
powers of a political subdivision necessary or convenient for the carrying out of its19
objects and purposes, including but not limited to the following in addition to the20
other rights and powers set out in this Subpart:21
(1) To sue and be sued.22
(2) To adopt, use, and alter at will a corporate seal.23
(3) To acquire by gift, grant, purchase, or otherwise all property, including24
rights-of-way; to hold and use any franchise or property, real, personal, or mixed,25
tangible or intangible, or any interest therein, necessary or desirable for carrying out26
the objects and purposes of the district.27
(4) To enter into contracts for the purchase, lease, acquisition, construction,28
and improvement of works and facilities necessary in connection with the purposes29 HLS 11RS-1215 ENGROSSED
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of the district and to mortgage its properties and enter into leases and other1
agreements on terms the board approves.2
(5) To require and issue licenses with respect to properties and facilities3
owned by the district.4
(6) To regulate the imposition of fees and rentals charged by the district for5
facilities owned and services rendered by it and to impose fees on the use or6
occupancy of any other property within but not owned by the district with the7
consent of the owner of such property.8
(7) To appoint officers, agents, and employees, prescribe their duties, and fix9
their compensation.10
(8) To enter into cooperative endeavor agreements with any other party,11
public or private, to accomplish the purposes of this Subpart.12
(9) To exercise any and all of the powers granted to an economic13
development district as if the district were an economic development district14
established pursuant to Part II of Chapter 27 of Title 33 of the Louisiana Revised15
Statutes of 1950, including but not limited to the powers of tax increment financing16
pursuant to R.S. 33:9038.33 and 9038.34 but excluding the power to levy taxes17
within the district pursuant to R.S. 33:9038.39, provided that any such powers18
exercised by the district shall be subject to the provisions of Part II of Chapter 27 of19
Title 33 of the Louisiana Revised Statutes of 1950.20
§130.846. Creation of subdistricts21
The district may create subdistricts as provided in this Section. The district22
shall publish notice of its intent to create a subdistrict in the official journal of the23
district. At least ten days after publication of such notice in the official journal of the24
district, the board shall conduct a public hearing on the question of creating such25
subdistrict. Thereafter, the board may designate one or more areas within the26
boundaries of the district as a subdistrict of the district. Each subdistrict shall27
constitute a political subdivision of the state and shall be governed by the board.28
Each subdistrict shall have the same powers as the district and shall be given a name29 HLS 11RS-1215 ENGROSSED
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and designated as "Louisiana Sports and Entertainment District Subdistrict No. ___"1
or such other suitable name as the board may designate.2
§130.847. Bonds of the district3
A. The district, or any subdistrict created by the district, is hereby authorized4
and empowered to issue and sell from time to time bonds, notes, renewal notes,5
refunding bonds, interim certificates, certificates of indebtedness, certificates of6
participation, debentures, warrants, commercial paper, or other obligations or7
evidences of indebtedness to provide funds for and to fulfill and achieve its public8
purpose or corporate purposes, as set forth in this Subpart, including but not limited9
to the payment of all or a portion of the costs of a project, to provide amounts10
necessary for any corporate purposes, including necessary and incidental expenses11
in connection with the issuance of the obligations, the payment of principal and12
interest on the obligations of the district, the establishment of reserves to secure such13
obligations, and all other purposes and expenditures of the district incident to and14
necessary or convenient to carry out its public functions or corporate purposes, and15
any credit enhancement for such obligations.16
B. Except as may otherwise be provided by the board, all obligations issued17
by the district, or any subdistrict created by the district, shall be negotiable18
instruments and payable solely from the revenues of the district or subdistrict, as19
applicable, as determined by the board, or from any other sources whatsoever, that20
may be available to the district or subdistrict, as applicable, but shall not be secured21
by the full faith and credit of the state or the city.22
C. Obligations shall be authorized, issued, and sold by a resolution or23
resolutions of the board. Such bonds or obligations may be of such series, bear such24
date or dates, mature at such time or times, bear interest at such rate or rates,25
including variable, adjustable, or zero interest rates, be payable at such time or times,26
be in such denominations and in such form, carry such registration and27
exchangeability privileges, be payable at such place or places, be subject to such28
terms of redemption, and be entitled to such priorities on the income, revenue, and29 HLS 11RS-1215 ENGROSSED
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receipts of, or available to, the district or subdistrict, as applicable, as may be1
provided by the board in the resolution or resolutions providing for the issuance and2
sale of the bonds or obligations of the district.3
D. The obligations of the district, or any subdistrict created by the district,4
shall be signed by such officers of the board by either manual or facsimile signatures5
as shall be determined by resolution or resolutions of the board, and shall have6
impressed or imprinted thereon the seal of the district, or a facsimile thereof.7
E. Any obligations of the district, or any subdistrict created by the district,8
may be validly issued, sold, and delivered, notwithstanding that one or more of the9
officers of the board signing such obligations, or whose facsimile signature or10
signatures may be on the obligations, shall have ceased to be such officer of the11
board at the time such obligations shall actually have been delivered.12
F. Obligations of the district, or any subdistrict created by the district, may13
be sold at such price or prices, at public or private negotiated sale, in such manner14
and from time to time as may be determined by the district to be most beneficial,15
subject to approval of the State Bond Commission, and the district may pay all16
expenses, premiums, fees, or commissions, which it may deem necessary or17
advantageous in connection with the issuance and sale thereof.18
G. The board may authorize the establishment of a fund or funds for the19
creation of a debt service reserve, a renewal and replacement reserve, or such other20
funds or reserves as the board may approve with respect to the financing and21
operation of any project funded with the proceeds of such bonds and as may be22
authorized by any bond resolution, trust agreement, indenture of trust, or similar23
instrument or agreement pursuant to the provisions of which the issuance of bonds24
or other obligations of the district or subdistrict may be authorized.25
H. Any cost, obligation, or expense incurred for any of the purposes or26
powers of the district specified in this Subpart shall be a part of the project costs and27
may be paid or reimbursed as such out of the proceeds of bonds or other obligations28
issued by the district or subdistrict.29 HLS 11RS-1215 ENGROSSED
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I. For a period of thirty days from the date of publication of the resolution1
authorizing the issuance of bonds hereunder, any persons in interest shall have the2
right to contest the legality of the resolution and the legality of the bond issue for any3
cause, after which time no one shall have any cause or right of action to contest the4
legality of such resolution or of the bonds authorized thereby for any cause5
whatsoever. If no suit, action, or proceeding is begun contesting the validity of the6
bond issue within the thirty days prescribed in this Subsection, the authority to issue7
the bonds and to provide for the payment thereof, and the legality thereof and all of8
the provisions of the resolution authorizing the issuance of the bonds shall be9
conclusively presumed, and no court shall have authority to inquire into such10
matters.11
J. Neither the members of the board nor any person executing the bonds shall12
be personally liable for the bonds or be subject to any personal liability by reason of13
the issuance thereof; however, the limitation of liability provided for in this14
Subsection shall not apply to any gross negligence or criminal negligence on the part15
of any member of the board or person executing the bonds.16
K. All obligations authorized to be issued by the district, or any subdistrict17
created by the district, pursuant to the provisions of this Subpart, together with18
interest thereof, income therefrom, and gain upon the sale thereof shall be exempt19
from all state and local taxes.20
L. The state and all public officers, any parish, municipality, or other21
subdivision or instrumentality of the state, any political subdivision, any bank,22
banker, trust company, savings bank and institution, building and loan association,23
savings and loan association, investment company or any person carrying on a24
banking or investment business, any insurance company or business, insurance25
association, and any person carrying on an insurance business, and any executor,26
administrator, curator, trustee, and other fiduciary, and any retirement system or27
pension fund may legally invest any funds belonging to it or within its control in any28
bonds or other obligations issued by the district, or any subdistrict created by the29 HLS 11RS-1215 ENGROSSED
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district, pursuant to the provisions of this Subpart, and such bonds or other1
obligations shall be authorized security for all public deposits. It is the purpose of2
this Subsection to authorize such persons, firms, corporations, associations, political3
subdivisions and officers, or other entities, public or private, to use any funds owned4
or controlled by them, including but not limited to sinking, insurance, investment,5
retirement, compensation, pension and trust funds, and funds held on deposit, for the6
purchase of any such bonds or other obligations of the district or subdistrict, and that7
any such bonds shall be authorized security for all public deposits; however, nothing8
contained in this Subsection with regard to legal investments or security for public9
deposits shall be construed as relieving any such person, firm, corporation, or other10
entity from any duty of exercising reasonable care in selecting securities.11
§130.848. Liberal construction12
This Subpart, being necessary for the welfare of the state, the city, and their13
residents, shall be liberally construed to effect the purposes thereof.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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)]
Leger HB No. 619
Abstract: Creates the La. Sports and Entertainment District in New Orleans to provide for
cooperative economic and community development and to enhance the development
and improvement of property and expand entertainment and leisure activities within
the district. Grants the district authority for issuing bonds and tax increment
financing. Specifies that the district is excluded from certain tax authority of
economic development districts.
Proposed law enacts the La. Sports and Entertainment District Act, including the following
provisions: HLS 11RS-1215 ENGROSSED
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(1)Creates the La. Sports and Entertainment District in New Orleans as a political
subdivision with the following boundaries: Poydras Street, Loyola Avenue, Girod
Street, South Liberty Street, Julia Street, Le Rouge Street, Howard Avenue, and
South Claiborne Avenue. Grants the district all the rights, powers, privileges, and
immunities of a political subdivision, subject to the limitations of proposed law.
(2)Provides that the district's purpose is to provide for cooperative economic and
community development among the district, the city, the state, and the owners of
property in the district, to enhance the development of and improvement to the
property within the area of the district, and to expand the entertainment and leisure
activities within the district.
(3)Creates and provides for a board of commissioners to govern and administer the
district. Provides that the board is composed of the members of the Board of
Commissioners of the La. Stadium and Exposition District. Provides that members
serve without salary or per diem but may be reimbursed expenses incurred in the
performance of board duties.
(4)Provides for board officers, meetings, records, and domicile. Specifies that the
district's official journal shall be the official journal of the La. Stadium and
Exposition District.
(5)Grants the district, through the board, certain powers to carry out its purposes,
including the power to:
(a)Sue and be sued.
(b)Adopt, use, and alter a corporate seal.
(c)Acquire property by gift, grant, purchase, or otherwise; to hold and use any
franchise or property, or any interest therein.
(d)Enter into contracts for the purchase, lease, acquisition, construction, and
improvement of works and facilities.
(e)Mortgage its properties and enter into leases and other agreements.
(f)Require and issue licenses with respect to properties and facilities owned by
the district.
(g)Regulate the imposition of fees and rentals charged by the district for
facilities owned and services rendered by it.
(h)Impose fees for use or occupancy of property in the district not owned by the
district with consent of the property owner.
(i)Appoint officers, agents, and employees, prescribe their duties, and fix their
compensation.
(j)Enter into cooperative endeavor agreements.
(6)Grants the district, subject to present law (Part II of Chapter 27 of Title 33 of the
Louisiana Revised Statutes of 1950), the powers of an economic development district
as if the district were an economic development district established pursuant to such
present law, including powers of tax increment financing as provided in present law
(R.S. 33:9038.33 and 9038.34). Specifically excludes the district from authority to
levy taxes as provided in present law (R.S. 33:9038.39 which authorizes ad valorem
taxes, sales taxes, or hotel occupancy taxes with certain limitations). HLS 11RS-1215 ENGROSSED
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(7)Authorizes the district to create subdistricts after notice and public hearing. Provides
that each subdistrict shall constitute a political subdivision of the state and be
governed by the board.
(8)Authorizes the district or a subdistrict to issue bonds or other obligations or
evidences of indebtedness to provide funds to achieve its purposes, including
payment of all or a portion of the costs of a project or otherwise as necessary or
convenient to carry out its purposes. Provides with respect to such debt issuance and
procedures therefor. Requires approval of the State Bond Commission to issue
bonds or other obligations, and authorizes the district to pay related expenses.
Authorizes establishment of a fund(s) by the board for the creation of a debt service
reserve, a renewal and replacement reserve, or other funds or reserves with respect
to the financing and operation of any project funded with bond proceeds. Authorizes
payment of related costs from proceeds of bonds or other obligations. Provides
procedures for contesting legality of debt issuance. Provides for exemption from
state and local taxes for obligations issued by the district or a subdistrict and
authorizes investment in such obligations by public bodies and specified financial
institutions, insurance related entities, specified fiduciaries, and retirement systems
or pension funds.
(9)Provides for liberal construction of proposed law to effect its purposes.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:130.841-130.848)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Removes provisions granting the district authority to levy taxes as provided in
present law (R.S. 33:9038.39 which authorizes ad valorem taxes, sales taxes, or
hotel occupancy taxes with certain limitations). Specifically excludes the district
from such authority. Removes other provisions relative to levy of taxes and
assessments by the district and its subdistricts.
2. Authorizes the district to impose fees for use or occupancy of property in the
district but not owned by the district with consent of the property owner.
3. Clarifies that district authority to regulate the imposition of fees and rentals
charged by the district for its facilities and to require and issue licenses with
respect to its properties and facilities refers to properties and facilities owned by
the district.