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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 523
BY SENATOR HEITMEIER
LEVEES. Relative to the funding of the Algiers Levee District and the Orleans Levee
District from tax proceeds. (gov sig)
AN ACT1
To amend and reenact R.S. 38:330.8(B), relative to authority of levee districts; relative to2
the funding of the Algiers Levee District and the Orleans Levee District; and to3
provide for related matters.4
Notice of intention to introduce this Act has been published.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 38:330.8(B) is hereby amended and reenacted to read as follows: 7
ยง330.8. Funding; appropriations8
* * *9
B.(1) Proceeds from taxes levied and collected pursuant to this Subsection10
shall only be used as provided in the tax proposition if a proposition is required and11
only within the authority or district in which the tax is levied.12
(2)(a) The proceeds from the annual ad valorem taxes levied by the Orleans13
Levee District and the Algiers Levee District shall be delivered by the tax collector14
for Orleans Parish to each respective district the Orleans Levee District.15
(b) From the first proceeds of such taxes received by the Orleans Levee16
District and the Algiers Levee District, provision shall be made and all funds17 SB NO. 523
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words in boldface type and underscored are additions.
necessary shall be set aside by each respective district for the payment of all debt1
service or other requirements due on all outstanding bonds, notes, or other evidences2
of indebtedness of each respective district during such calendar year relating to the3
outstanding bonds of the Orleans Levee District issued and outstanding as of January4
1, 2007, in accordance with the terms of such instruments and the resolutions and5
agreements providing for their insurance issuance and security.6
(c) The net amount of such taxes remaining shall be paid by the Orleans7
Levee District to the Algiers Levee District in such amount as the proportion that the8
dollar amount of the taxes collected within the Algiers Levee District bears to the9
total amount of such taxes collected within the parish of Orleans for that tax year.10
(d) Said payment of ad valorem tax proceeds by the Orleans Levee District11
to the Algiers Levee District shall be made on or before the fifteenth day of April in12
each year beginning in the year 2008.13
(e)(c) After the payments made by the Orleans Levee District under14
Subparagraphs (b) and (c) of this Paragraph:15
(i) Seven hundred thousand dollars shall be paid to the Non-Flood Protection16
Asset Management Authority on or before the thirtieth day of July beginning in the17
year 2011 and on or before the fifteenth day of April thereafter to be used for the18
operation and maintenance of Lakeshore Drive.19
(ii) Sufficient funds shall be allocated for purposes of maintaining an Orleans20
Levee District police force to be made up of not less than twenty-four police officers21
who shall provide security for Lakeshore Drive and other flood assets located within22
the jurisdiction of the Orleans Levee District.23
(iii) The provisions of Subparagraph (ec) of this Paragraph shall expire on24
December 31, 2012.25
(f) Any additional ad valorem taxes received by the Orleans Levee District26
for the same tax year after said payment shall be paid to the Algiers Levee District27
in the same proportion set forth in Subparagraph (c) of this Paragraph not later than28
thirty days after receipt thereof by the Orleans Levee District.29 SB NO. 523
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(3) The tax proceeds received by the Southeast Louisiana Flood Protection1
Authority-West Bank pursuant to Paragraph (2) of this Subsection shall be used for2
the operation and maintenance of levees and for other flood control activities in the3
West Bank of Orleans Parish.4
(4) In addition to the taxing authority authorized by Article VI, Section 39(A)5
and (B) of the Constitution of Louisiana and other applicable provisions of law, the6
district shall have the same taxing authority as the Orleans Levee District on July 12,7
2007, to include but not limited to the taxing authority authorized by Article VI,8
Section 39(A) and (B) and Article VII, Section 23 of the Constitution of Louisiana,9
and the Special Levee Improvement Tax reauthorized by the Special Election held10
in Orleans Parish on November 19, 1983.11
(5) The governing authority of the Orleans Levee District shall, by July 1,12
2008, refinance all of the district's issued and outstanding debt as of January 1, 2007.13
* * *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
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Danielle Doiron.
DIGEST
Present law provides for proceeds from taxes levied and collected from annual ad valorem
taxes by the Orleans Levee District and the Algiers Levee District shall be delivered by the
Orleans Parish tax collector to the Orleans Levee District.
Proposed law requires the Orleans Parish tax collector to deliver such proceeds to each
district, not just the Orleans Levee District.
Present law requires the Orleans Levee District to set aside funds for payment of all debt
service and other requirements due on all outstanding debt during each calendar year.
Proposed law retains present law and adds such requirement to the Algiers Levee District.
Present law required the Orleans Levee District to remit payment of the Algiers Levee
District's proportional share of the net amount of such taxes remaining after payment of the SB NO. 523
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words in boldface type and underscored are additions.
Orleans Levee District indebtedness on or before April 15
th
of each calendar year.
Proposed law deletes present law requirement.
Present law requires the Orleans Levee District to remit payment of $700,000 to the Non-
Flood Protection Asset Management Authority on or before July 30
th
each year and on or
before April 15
th
thereafter for the operation and maintenance of Lakeshore Drive. Further
provides funding for 24 police officers for security and flood assets within the jurisdiction
of the Orleans Levee District. Further provides such provisions to expire on Dec. 31, 2012.
Proposed law retains present law.
Proposed law deletes present law requirement that any additional ad valorem taxes received
by the Orleans Levee District after all payments required are remitted in same tax year shall
be paid to the Algiers Levee District no later than 30 days after receipt by Orleans Levee
District.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 38:330.8(B))