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Regular Session, 2012
HOUSE BILL NO. 965
BY REPRESENTATIVE JONES
DISTRICTS/ECONOMIC DEVEL: Creates the St. Mary Economic Development District
AN ACT1
To enact Subpart B-41 of Part IV of Title 33 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 33:130.781 through 130.791, relative to St. Mary Parish; to3
create the St. Mary Economic Development District within the parish; to provide4
relative to the purpose, boundaries, governance, powers and duties, and funding of5
the district; and to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 of the Constitution of8
Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Subpart B-41 of Part IV of Title 33 of the Louisiana Revised Statutes of11
1950, comprised of R.S. 33:130.781 through 130.791, is hereby enacted to read as follows:12
SUBPART B-41. ST. MARY ECONOMIC DEVELOPMENT DISTRICT13
§130.781. St. Mary Economic Development District; creation; territorial jurisdiction14
A. The St. Mary Economic Development District, referred to in this Subpart15
as the "district", is hereby created as a body politic and political subdivision of the16
state of Louisiana, as defined in Article VI, Section 44 of the Constitution of17
Louisiana. Pursuant to Article VI, Sections 19 and 21 of the Constitution of18
Louisiana, the district, acting through its board, is hereby granted all of the rights,19
powers, privileges, and immunities granted to political subdivisions for industrial,20 HLS 12RS-900 ORIGINAL
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commercial, research, and economic development purposes, including but not1
limited to the power of taxation, the power to incur debt and issue revenue and2
general obligation bonds, certificates of indebtedness, bond and certificate3
anticipation notes, and refunding bonds, subject to the limitations provided in this4
Subpart.5
B. The district shall be established for the primary object and purpose of6
promoting, encouraging, and participating in industrial development to stimulate the7
economy through commerce, industry, and research and for the utilization and8
development of natural, physical, and human resources of the area by providing job9
opportunities.10
C. The boundaries of the district shall be coterminous with the boundaries11
of the parish of St. Mary.12
§130.782. Board of commissioners; members; agents and employees13
A.(1) The district shall be governed by a board of commissioners, referred14
to in this Subpart as the "board", consisting of eleven members, all of whom shall be15
residents and qualified voters of the district. The district shall be comprised as16
follows:17
(a) One member shall be appointed by the president of the parish of St.18
Mary.19
(b)(i) Five members shall be appointed by the governing authority of the20
parish of St. Mary as provided in this Subparagraph.21
(ii) One member shall be appointed from a list of three names submitted by22
the St. Mary Industrial Group.23
(iii) One member shall be appointed from a list of three names submitted by24
the St. Mary Parish Chamber of Commerce.25
(iv) Three members shall be appointed as follows: one member shall be a26
resident of St. Mary Parish Council District No. 9, one member shall be a resident27
of St. Mary Parish Council District No. 10, and one member shall be a resident of St.28
Mary Parish Council District No. 11.29 HLS 12RS-900 ORIGINAL
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(c) Three members shall be appointed by the members of the legislative1
delegation of the parish of St. Mary by a majority vote of its total membership.2
(d) One member shall be appointed jointly by the governing authorities of3
the cities of Morgan City and Patterson and the town of Berwick4
(e) One member shall be appointed jointly by the governing authorities of5
the city of Franklin and the town of Baldwin and the governing board of the6
Chitimacha Tribe of Charenton.7
(2) The board shall also be comprised of ex officio members as follows:8
(a) The president or executive director of the Morgan City Port and Harbor9
Terminal District.10
(b) The president or executive director of the Port of West St. Mary.11
(c) The president or executive director of the St. Mary Parish Chamber of12
Commerce.13
(d) The president or executive director of the St. Mary Industrial Group.14
(e) The superintendent of the St. Mary Parish School System.15
B. Appointed members shall serve four-year terms after serving initial terms16
as provided in this Subsection.17
(1) The member appointed pursuant to Subparagraph (A)(1)(a) of this18
Section shall serve an initial term of four years.19
(2) The member appointed pursuant to Item (ii) of Subparagraph (A)(1)(b)20
of this Section shall serve an initial term of two years.21
(3) The member appointed pursuant to Item (iii) of Subparagraph (A)(1)(b)22
of this Section shall serve an initial term of three years.23
(4) The members appointed pursuant to Item (iv) of Subparagraph (A)(1)(b)24
of this Section shall serve initial terms as follows: one member shall serve an initial25
term of one year; one shall serve two years; and one shall serve three years; as26
determined by lot at the first meeting of the board.27
(5) The members appointed pursuant to Subparagraph (A)(1)(c) of this28
Section shall serve initial terms as follows: one member shall serve an initial term29 HLS 12RS-900 ORIGINAL
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of one year; one shall serve two years; and one shall serve three years; as determined1
by lot at the first meeting of the board.2
(6) The member appointed pursuant to Subparagraph (A)(1)(d) of this3
Section shall serve an initial term of one year.4
(7) The member appointed pursuant to Subparagraph (A)(1)(e) of this5
Section shall serve an initial term of two years.6
C.(1) Any vacancy in the appointed membership of the board, occurring7
either by reason of the expiration of the term for which appointed or by reason of8
death, resignation, or otherwise, shall be filled in the manner of the original9
appointment. At the expiration of a term a member shall hold office until his10
successor has been appointed and takes office.11
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, in12
the event that the entity responsible for the nomination of a member fails to nominate13
a successor within sixty days of receiving written notification of a vacancy from the14
president or secretary of the board, or the vice president if the president's position is15
the vacant position, the governing authority of the parish of St. Mary shall appoint16
a successor to fill such vacancy. Any person appointed by the governing authority17
of the parish shall be subject to the residency requirements of Subsection A of this18
Section.19
(3) Any vacancy in the membership of the board shall be filled for the20
remainder of the unexpired term.21
D. Members shall be eligible for reappointment but no person shall be22
appointed to serve on the board for more than two consecutive terms.23
E. Any member of the board may be removed for cause.24
F. Members of the board shall serve without compensation; however,25
members of the board may be reimbursed for expenses actually incurred in the26
performance of their duties. 27 HLS 12RS-900 ORIGINAL
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G. Members of the board, individually, and members of their immediate1
families are prohibited from bidding on or entering into any contract, subcontract,2
or other transaction that is under the supervision or jurisdiction of the district.3
H. Elected officials are prohibited from serving on the board.4
§130.783. Officers; meetings; quorum; rules; report5
A. The board shall elect from among its own members a president, a vice6
president, a secretary, and a treasurer, whose duties shall be those usual to such7
offices. At the option of the board, the offices of secretary and treasurer may be held8
by one person.9
B. The board shall meet in regular session once each month and shall also10
meet in special session upon written request of six members. Six members of the11
board shall constitute a quorum.12
C. The board shall prescribe rules to govern its meetings, except that the13
president shall not be required to vote except in case of a tie vote.14
D.(1) The domicile of the board shall be in the city of Franklin in the parish15
of St. Mary.16
(2) The board shall maintain suitable offices in the parish of St. Mary.17
E. The board shall render annually to the governing authority of the parish18
of St. Mary, within one hundred twenty days following the end of each calendar19
year, a report in triplicate of its activities, together with a financial report disclosing20
all receipts and disbursements of the district.21
§130.784. Advisory committee22
A. The board may establish and appoint an advisory committee. The23
advisory committee shall meet periodically with the board.24
B. Elected officials are prohibited from serving on the advisory committee.25
§130.785. Powers of the district26
The district, acting by and through its board, shall have and exercise all27
powers of a political subdivision necessary or convenient for the carrying out of its28 HLS 12RS-900 ORIGINAL
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objects and purposes, including but not limited to rights and powers set out in this1
Subpart:2
(1) To sue and be sued.3
(2) To adopt, use, and alter at will a corporate seal.4
(3) To acquire by donation, grant, purchase, lease, or otherwise, all property,5
including servitudes or rights of use and to hold and use any franchise or property,6
immovable or movable, corporeal or incorporeal, or any interest therein, necessary7
or desirable for carrying out the objects and purposes of the district, including but not8
limited to the establishment, maintenance, and operation of industrial parks.9
(4) To receive by grant, donation, or otherwise any sum of money, or10
property, aid, or assistance from the United States, the state of Louisiana, or any11
political subdivision thereof, or any person, firm, or corporation.12
(5) To enter into contracts for the purchase, acquisition, construction,13
maintenance, and improvement of works and facilities necessary in connection with14
the purposes of the district.15
(6) To levy ad valorem and sales an use taxes as authorized in this Subpart16
or as otherwise provided by general law.17
(7) In its own name and on its own behalf to incur debt and to issue general18
obligation bonds, revenue bonds, certificates, notes, and other evidences of19
indebtedness and to levy and cause to be collected ad valorem taxes as provided in20
this Subpart and as may be provided by general law.21
(8) To require and issue licenses with respect to its properties and facilities.22
(9) To regulate the imposition of fees and rentals charged by the district for23
its facilities and for services rendered by it.24
(10) To mortgage properties constructed or acquired and to borrow money25
and pledge all or part of its revenues, leases, rents, or other advantages as security26
for such loans.27
(11) To sell immovable property owned by the commission after legal notice28
as provided by law for the judicial sale of immovable property.29 HLS 12RS-900 ORIGINAL
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(12) To appoint officers, agents, and employees, prescribe their duties, and1
fix their compensation.2
(13) To contract, upon such terms as it may agree upon, for legal, financial,3
engineering, and other professional services necessary or expedient in the conduct4
of its affairs.5
(14) To utilize the services of the executive departments of the state upon6
mutually agreeable terms and conditions.7
§130.786. Industrial development8
A.(1) The district shall have the power to construct and acquire industrial9
parks and industrial plant buildings, and subordinate and related facilities, including10
the acquisition of sites and other necessary property or appurtenances thereto within11
the district, or outside the district if the project is undertaken conjointly with another12
state or with other local units of government, under the authority of the local services13
law, R.S. 33:1321 et seq., or other authorizing authority, and to acquire, construct,14
improve, operate, maintain, and provide improvements and services necessary15
therefor, including but not limited to roads, street lighting, bridges, rail facilities,16
drainage, sewers, sewerage disposal facilities, solid waste disposal facilities,17
waterworks, and other utilities and related properties, consistent with applicable18
parish regulations and policies.19
(2)(a) The district shall also have the authority to sell, lease, or otherwise20
dispose of, by suitable and appropriate contract, to any enterprise locating or existing21
within the district all or any part of a site, building, or other property owned by the22
district.23
(b) In determining the consideration for any contract to lease, sell, or24
otherwise dispose of lands, buildings, or other property of the district, the board may25
take into consideration the value of the lands, buildings, or other properties involved26
as well as the potential value of the economic impact of the enterprise being induced27
to locate or expand within the district. Such economic impact shall include increased28
employment, increased use of local labor, wages and salaries to be paid,29 HLS 12RS-900 ORIGINAL
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consumption of local materials, products, and resources, and special tax revenue to1
be generated by the enterprise acquiring or leasing lands, buildings, or other property2
from the district. In no event, however, and under no circumstances shall the board3
dispose of any property of the district for less than the fair market value of the4
property as defined in R.S. 47:2321 without the prior approval of the State Bond5
Commission.6
(c) The district shall be empowered to enter into leases having a term,7
including all renewal terms, not to exceed fifty years in the aggregate; provided that8
there shall be a provision for periodic adjustments of the rental rate, commensurate9
with economic conditions, during the fifty-year term.10
(d) The approval of the State Bond Commission shall be conclusive for11
purposes of compliance with the requirements of this Paragraph.12
(3)(a) The resolution or ordinance adopted by the board authorizing any13
lease, sale, or other disposition of lands, buildings, or other property of the district14
or any attachment thereto shall set forth, in a general way, the terms of the authorized15
lease, sale, or other disposition, and such resolution or ordinance shall be published16
as soon as possible in one issue of the official journal of the district.17
(b) For a period of thirty days from the date of publication of any such18
resolution or ordinance, any interested person may contest the legality of such19
resolution or ordinance or the validity of the authorized lease, sale, or other20
disposition of district property, after which time no one shall have any cause of21
action to contest the legality of the authorized lease, sale, or other disposition of22
district property for any cause whatsoever, and it shall be conclusively presumed23
thereafter that every legal requirement has been complied with and no court shall24
have authority to inquire into such matters after the lapse of said thirty days.25
B. The district shall have the following additional powers, together with all26
powers incidental thereto:27
(1) To acquire, whether by purchase, exchange, donation, lease, or otherwise,28
and to construct and improve, maintain, equip, and furnish one or more economic29 HLS 12RS-900 ORIGINAL
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development projects, including all immovable and movable properties which the1
board may deem necessary in connection therewith.2
(2) To lease or to contract for the use of any or all of its authorized projects3
and to charge and collect rent, fees, or charges therefor, and to terminate any such4
lease or contractual arrangement upon the failure of the obligations thereof, all as5
may be provided for in the lease agreement to which the district may become a party.6
(3) To sell, exchange, donate, and convey any or all of its projects upon such7
terms and conditions as the board may deem advisable, including the power to8
receive for any such sale the first mortgage note or notes of the purchaser of a project9
representing unpaid installments of the purchase price due by the purchaser to the10
district whenever the board finds any such actions to be in furtherance of the purpose11
for which the district was organized.12
(4) As security for the payment of the principal of and interest on any bonds,13
notes, or other obligations of the district, and any agreements made in connection14
therewith, to mortgage and pledge any or all of its projects or any part or parts15
thereof, whether then owned or thereafter acquired, and to pledge the revenues and16
receipts therefrom or from any other source.17
(5)(a) To enter into any cooperative financing of an economic development18
project between or among the district and the state, any of its local governmental19
subdivisions, political corporations or public benefit corporations, the United States20
or its agencies, or any public or private association, corporation, or individual. The21
methods of financing shall include loan guarantees, land write-downs, grants, lease22
guarantees, or any form of financial subsidy or incentive that complies with the23
provisions of Article VII, Section 14 of the Constitution of Louisiana.24
(b) To enter into any cooperative development between or among the district25
and the state, any of its local governmental subdivisions, political corporations or26
public benefit corporations, the United States or its agencies, or any public or private27
association, corporation, or individual. The methods of cooperative development28
shall include but not be limited to any number of joint development agreements such29 HLS 12RS-900 ORIGINAL
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as condominiums and cooperative ownership, limited partnerships, and investment1
syndicates not prohibited by the Constitution of Louisiana. Regardless of the method2
of financing, the district shall attempt to obtain the most favorable security available3
in order to protect and ensure recovery of sums loaned or paid pursuant to such4
financing.5
(c) "Cooperative endeavor" means any form of economic development6
assistance between or among the district and the state, any of its local governmental7
subdivisions, political corporations or public benefit corporations, the United States8
or its agencies, or any public or private association, corporation, or individual. The9
term "cooperative endeavor" shall include but not be limited to cooperative10
financing, cooperative development, or any other form of cooperative economic11
development activity.12
§130.787. Funding sources; fees; ad valorem tax; sales tax; borrowing money13
A.(1)(a) The board may levy annually an ad valorem tax not to exceed three14
mills on the dollar of assessed valuation of all property, provided that the amount,15
term, and purpose of the tax, as set out in a proposition submitted to a vote in16
accordance with the Louisiana Election Code, shall be approved by a majority of the17
qualified electors voting in election held for that purpose.18
(b)(i) The board may also levy a sales and use tax not to exceed one-quarter19
of one percent within the boundaries of the district. The sales tax so levied shall be20
imposed by resolution of the board and shall be levied upon the sale at retail, the use,21
lease or rental, the consumption, and storage for use or consumption of tangible22
personal property, and on sales of services in the district, all as defined in Chapter23
2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950. However, the24
resolution imposing the tax shall be adopted by the board only after the question of25
the imposition of such tax has been submitted to the qualified electors of the district26
at an election conducted in accordance with the election laws of the state, and a27
majority of those voting on the proposition have voted in favor of the imposition of28
the tax.29 HLS 12RS-900 ORIGINAL
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(ii) The term or duration of the levy of the tax may be limited by the1
provisions of the proposition submitted at the election.2
(iii) Except where inapplicable, the procedure established in Chapter 2-D of3
Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 shall be followed in4
the imposition, collection, and enforcement of the tax, and procedural details5
necessary to supplement such provisions and to make them applicable to the tax shall6
be fixed in the resolution imposing the tax.7
(2) Any election on the question of the imposition of a tax shall be held at8
the same time as primary elections for members of congress and officers as provided9
in R.S. 18:402(B)(1).10
C. All funds derived under this Section may be used for any expenses or11
purposes of the district. The board shall establish and maintain, in addition to all12
necessary and normal accounts, the following special accounts:13
(1) A revolving loan guarantee fund, to be used to guarantee industrial or14
business terminal development loans to the extent permitted by the Constitution of15
Louisiana under the following guidelines:16
(a) Loan guarantees shall be made only when adequate financing for the17
project is unavailable through normal lending channels and the project represents a18
sound business venture that is financially and economically feasible.19
(b) Loan guarantees shall be used to assist an identifiable business concern20
to finance plant construction, conversion, or expansion and to finance acquisition of21
land, existing structures, machinery, or equipment and to provide operational funds.22
(c) The terms and rates shall be compatible with loans offered by local23
lending institutions and the guarantee shall never exceed forty percent of the cost of24
the total project. In addition, the district shall attempt to obtain the most favorable25
security available under the circumstances to protect and ensure the recovery of its26
commitment under the guarantee.27
(d) Loan guarantees may be evaluated for the economic impact in terms of28
the number and types of jobs created or saved.29 HLS 12RS-900 ORIGINAL
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(e) Loan guarantees shall be made to leverage other sources of private and1
public capital to attain the greatest economic impact possible with the limited funds2
available.3
(f) Loan guarantees shall be targeted to export industries, manufacturing4
firms, wholesale distribution firms, and service firms.5
(g) No project may be considered unless the project will be constructed and6
maintained by persons at least eighty percent of whom are residents of the parish of7
St. Mary, and at least eighty percent of the goods and services for maintenance of the8
project are obtained from a supplier domiciled within the parish of St. Mary, except9
where not reasonably possible to do so without substantial added expense, substantial10
inconvenience, or substantial sacrifice in operational efficiency.11
(h) The lending or underwriting principals shall have such demonstrated12
experience, ability, and net worth as would allow for the success, continuation,13
security, and solvency of the program. Prudent lending and underwriting standards14
shall be applied in order to comply with the primary objectives of this Section.15
(2) An economic development operation fund, for the development and16
attraction of industries to accomplish the following:17
(a) The operational fund shall be used for operating expenses necessary in18
creation of industrial and commercial development, in hiring sufficient staff to19
accomplish the purposes set out in this Subpart, and other related expenses.20
(b) The operational fund may also be utilized in contracting for services as21
may be required by the district including but not limited to planning assistance,22
surveys, land use studies, professional and technical services, and other services23
necessary to effectuate a unified industrial development plan.24
(3) An account for the maintenance and operation of a governmental25
procurement center to provide necessary information to companies and individuals26
engaged in providing services and goods to accomplish the following:27 HLS 12RS-900 ORIGINAL
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(a) Pinpoint and identify potential buying centers and aid in placing the1
company on a bidder's list for these centers and assist companies in obtaining2
specifications for their products or services.3
(b) Provide trained counselors to assist in acquiring solicitation and bid4
packages and conduct seminars designed to disseminate other information needed5
by the target companies and individuals.6
§130.788. Obligations of the district7
A. The district shall have authority to incur debt for any one or more of its8
lawful purposes set forth in this Subpart, to issue in its name negotiable bonds, notes,9
certificates of indebtedness, or other evidences of debt and to provide for the security10
and payment thereof.11
B.(1) The district may in its own name and behalf incur debt and issue12
general obligation ad valorem property tax secured bonds under the authority of and13
subject to the provisions of Article VI, Section 33 of the Constitution of Louisiana,14
Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised15
Statutes of 1950, when approved by a majority of the qualified voters who vote in16
an election called and conducted under the authority of the Louisiana Election Code,17
including Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as18
amended. General obligation bonds of the district may be issued for any of the19
purposes for which the district is created or is authorized to act under any provisions20
of this Subpart, all of which purposes are hereby found and declared to be public21
purposes and functions of the state of Louisiana, which are delegated to the district.22
(2) The district may in its own name and behalf issue revenue bonds for the23
purposes for which the district is created or is authorized to act under any of the24
provisions of this Subpart, including industrial and commercial development revenue25
bonds. The bonds shall be issued in the manner as provided for in R.S. 39:99126
through 1002 and R.S. 39:1011 through 1024.27
(3) The district may in its own name and behalf borrow from time to time in28
the form of certificates of indebtedness. The certificates shall be secured by the29 HLS 12RS-900 ORIGINAL
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dedication and pledge of monies of the district derived from any lawful sources1
provided that the term of such certificates shall not exceed ten years and the annual2
debt service on the amount borrowed shall not exceed the anticipated revenues to be3
dedicated and pledged to the payment of the certificates of indebtedness, as shall be4
estimated by the board of the district at the time of the adoption of the resolution5
authorizing the issuance of such certificates. The estimate of the board referred to6
in the authorizing resolution shall be conclusive for all purposes of this Section.7
(4) The district may borrow the amount of the anticipated sales and use8
taxes, not to exceed one-quarter of one percent and ad valorem tax, not to exceed9
three mills, as authorized by R.S. 33:130.787, for a period not to exceed ten years10
and may issue certificates of indebtedness therefor and may dedicate the avails of the11
tax funded for the payment thereof for the period of time the certificates are12
outstanding.13
(5) The board is authorized to adopt all necessary resolutions or ordinances14
which may be necessary for ordering, holding, canvassing, and promulgating the15
returns of any election required for the issuance of general obligation bonds, or16
limited tax secured obligations, or for the voting of a sales and use tax or property17
tax millage, which resolutions or ordinances may include covenants for the security18
and payment of any bonds or other evidence of debt so issued.19
(6) For a period of thirty days from the date of publication of any resolution20
or ordinance authorizing the issuance of any bonds, certificates of indebtedness,21
notes, or other evidence of debt of the district, any interested person may contest the22
legality of such resolution or ordinance and the validity of such bonds, certificates23
of indebtedness, notes or other evidence of debt issued or proposed to be issued24
thereunder and the security of their payment, after which time no one shall have any25
cause of action to contest the legality of said resolution or ordinance or to draw in26
question the legality of the bonds, certificates of indebtedness, notes, or other27
evidence of debt, the security therefor, or the debts represented thereby for any cause28
whatever, and it shall be conclusively presumed that every legal requirement has29 HLS 12RS-900 ORIGINAL
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been complied with, and no court shall have authority to inquire into such matters1
after the lapse of thirty days.2
(7) The issuance and sale of such bonds, certificates of indebtedness, notes,3
or other evidence of debt by the district shall be subject to approval by the State4
Bond Commission.5
(8) Such bonds, certificates of indebtedness, notes, or other evidence of debt6
shall have all the qualities of negotiable instruments under the commercial laws of7
the state of Louisiana.8
§130.789. Securities9
Bonds, certificates, or other evidences of indebtedness issued by the district10
under this Subpart are deemed to be securities of public entities within the meaning11
of Chapters 13 and 13-A of Title 39 of the Louisiana Revised Statutes of 1950, and12
shall be subject to defeasance in accordance with the provisions of Chapter 14 of13
Title 39 of the Louisiana Revised Statutes of 1950, and may be refunded in14
accordance with the provisions of Chapters 14-A and 15 of Title 39 of the Louisiana15
Revised Statutes of 1950, and may also be issued as short-term revenue notes of a16
public entity under Chapter 15-A of Title 39 of the Louisiana Revised Statutes of17
1950.18
§130.790. Exemption from taxation19
The district and all properties at any time owned by the district and the20
income therefrom and all bonds, certificates, and other evidences of indebtedness21
issued by the district under this Subpart and the interest or income therefrom shall22
be exempt from all taxation by the state of Louisiana.23
§130.791. General compliance; enhancement; budget24
A. No provision of this Subpart shall be construed so as to exempt the25
district from compliance with the provisions of Louisiana laws pertaining to open26
meetings, public records, fiscal agents, official journals, dual officeholding and27
employment, public bidding for the purchase of supplies and materials and28
construction of public works, the Code of Governmental Ethics, the Right to29 HLS 12RS-900 ORIGINAL
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Property in Article I, Section 4 of the Constitution of Louisiana, and the Louisiana1
Election Code.2
B. The district shall have the power and right to adopt a program or3
programs awarding contracts to, and establishing set-aside goals and preference4
procedures for the benefit of, businesses owned and operated by socially or5
economically disadvantaged persons in accordance with any of the provisions of R.S.6
38:2233 and of Chapter 19 of Title 39 of the Louisiana Revised Statutes of 1950,7
entitled "Louisiana Minority and Women's Business Enterprise Act".8
C.(1) The board shall annually prepare a financial statement which shall be9
presented to the legislative auditor pursuant to the provisions of R.S. 24:513. The10
legislative auditor shall thereafter publish his findings in the official journal of the11
district.12
(2) Within thirty days following submission of the financial statement to the13
legislative auditor, the board, or a designated officer of the board, shall present to the14
governing authority of the parish of St. Mary at a public meeting a copy of such15
statement for public review.16
D. The board shall submit to the governing authority of the parish of St.17
Mary an annual proposed budget for the operation of the district for the upcoming18
fiscal year. The budget shall be deemed accepted unless rejected by two-thirds vote19
of the governing authority of the parish. After the budget has been accepted by the20
governing authority of the parish, the district may incur liabilities and make21
expenditures during the fiscal year in accordance with such budget.22
E. All expenses associated with this Section shall be borne by the district.23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 HLS 12RS-900 ORIGINAL
HB NO. 965
Page 17 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Jones HB No. 965
Abstract: Creates the St. Mary Economic Development District as a political subdivision
of the state comprised of all of the territory in St. Mary Parish.
Proposed law creates and provides for the St. Mary Economic Development District as a
political subdivision of the state comprised of all of the territory in St. Mary Parish.
Provides that the district is established for the primary object and purpose of promoting,
encouraging, and participating in industrial development to stimulate the economy through
commerce, industry, and research.
Proposed law provides that the district is governed by a board of 11 commissioners
composed as follows:
(1)One member appointed by the president of St. Mary Parish.
(2)Five members appointed by the governing authority of St. Mary Parish as follows:
one member appointed from a list of three names submitted by the St. Mary
Industrial Group, one member appointed from a list of three names submitted by the
St. Mary Parish Chamber of Commerce, and three members who reside in St. Mary
parish council districts nos. 9, 10, and 11.
(3)Three members appointed by the members of the legislative delegation of the parish
of St. Mary by a majority vote of its total membership.
(4)One member appointed jointly by the governing authorities of the cities of Morgan
City and Patterson and the town of Berwick
(5)One member appointed jointly by the governing authorities of the city of Franklin
and the town of Baldwin and the governing board of the Chitimacha Tribe of
Charenton.
Proposed law requires members to serve four-year staggered terms and requires them to
serve without compensation. Authorizes reimbursement for expenses incurred in the
performance of district business.
Proposed law provides for the district's powers and duties including the following:
(1)To sue and be sued.
(2)To adopt, use, and alter at will a corporate seal.
(3)To acquire by donation, grant, purchase, lease, or otherwise, all property, including
servitudes or rights of use and to hold and use any franchise or property, immovable
or movable, corporeal or incorporeal, or any interest therein, necessary or desirable
for carrying out the objects and purposes of the district.
(4)To receive by grant, donation, or otherwise any sum of money, or property, aid, or
assistance from the U.S., the state of La., or any political subdivision thereof, or any
person, firm, or corporation. HLS 12RS-900 ORIGINAL
HB NO. 965
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(5)To enter into contracts for the purchase, acquisition, construction, maintenance, and
improvement of works and facilities necessary in connection with the purposes of the
district.
(6)In its own name and on its own behalf to incur debt and to issue general obligation
bonds, revenue bonds, certificates, notes, and other evidences of indebtedness and
to levy and cause to be collected sales and use taxes and ad valorem taxes.
Proposed law authorizes the district to construct and acquire industrial parks and industrial
plant buildings, and subordinate and related facilities, including the acquisition of sites and
other necessary property or appurtenances thereto inside or outside the district, subject to
limitations.
Proposed law authorizes the district to sell, lease, or otherwise dispose of, by suitable and
appropriate contract, to any enterprise locating or existing within the district all or any part
of a site, building, or other property owned by the district. Further authorizes the district,
in determining the consideration for any contract to lease, sell, or otherwise dispose of lands,
buildings, or other property of the district, to take into consideration the value of the lands,
buildings, or other properties involved as well as the potential value of the economic impact
of the enterprise being induced to locate or expand within the district. Provides that in no
event shall the board dispose of any property of the district for less than the fair market value
of the property as defined in present law (R.S. 47:2321) without the prior approval of the
State Bond Commission.
Proposed law additionally authorizes the district to enter into any cooperative financing of
an economic development project between or among the district and the state, any of its local
governmental subdivisions, political corporations or public benefit corporations, the U.S. or
its agencies, or any public or private association, corporation, or individual. Requires that
the methods of financing include loan guarantees, land write-downs, grants, lease
guarantees, or any form of financial subsidy or incentive that complies with the provisions
of the state constitution (Art. VII, Sec. 14).
Proposed law authorizes the board, subject to voter approval, to levy annually an ad valorem
tax not to exceed three mills on the dollar of assessed valuation of all property. Additionally
authorizes the board, subject to voter approval, to levy a sales and use tax not to exceed one-
quarter of one percent within the boundaries of the district. Provides that the procedures
established in present law (Chapter 2-D of Subtitle II of Title 47) shall be followed in the
imposition, collection, and enforcement of the tax. Requires any election on the question of
the imposition of a tax to be held at the same time as primary elections for members of
congress and officers as provided in present law (R.S. 18:402(B)(1).
Proposed law provides that all funds may be used for any expenses or purposes of the
district. Requires the board to establish and maintain, in addition to all necessary and normal
accounts the following special accounts: an account for the maintenance and operation of
a governmental procurement center, an economic development operation fund, and a
revolving loan guarantee fund.
Proposed law authorizes the district to incur debt for any one or more of its lawful purposes,
to issue in its name negotiable bonds, notes, certificates of indebtedness, or other evidences
of debt and to provide for the security and payment of such debt. Additionally authorizes
the district, subject to voter approval, to issue general obligation ad valorem property tax
secured bonds. Authorizes the district to issue revenue bonds for the purposes for which the
district is created, including industrial and commercial development revenue bonds.
Provides further with respect to district indebtedness.
Proposed law provides that the district and all properties at any time owned by the district
and the income therefrom and all bonds, certificates, and other evidences of indebtedness
issued by the district are exempt from all taxation by the state. HLS 12RS-900 ORIGINAL
HB NO. 965
Page 19 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that the district has the power and right to adopt a program or
programs awarding contracts to, and establishing set-aside goals and preference procedures
for the benefit of, businesses owned and operated by socially or economically disadvantaged
persons in accordance with any of the provisions of present law (R.S. 38:2233 and of
Chapter 19 of Title 39 of the Louisiana Revised Statutes of 1950, entitled "Louisiana
Minority and Women's Business Enterprise Act").
Proposed law requires the board to annually prepare a financial statement which shall be
presented to the legislative auditor. Further requires the board to submit to the governing
authority of St. Mary Parish an annual proposed budget for the operation of the district for
the upcoming fiscal year. Provides that the budget shall be deemed accepted unless rejected
by two-thirds vote of the parish governing authority of the parish.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:130.781-130.791)