SLS 12RS-485 ORIGINAL
Page 1 of 3
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. 683
BY SENATOR GARY SMITH
SPECIAL DISTRICTS. Requires request from Sunset Drainage District board of
commissioners before St. Charles Parish Council may begin process for becoming district's
governing authority. (8/1/12)
AN ACT1
To amend and reenact R.S. 38:1607(C) and to repeal Section 2 of Act 319 of the 20112
Regular Session of the Louisiana Legislature, relative to the Sunset Drainage District3
in St. Charles Parish; to require request of board of commissioners of the Sunset4
Drainage District before the parish council begins process to become district's5
governing authority; to repeal the sunset date for parish council to act; and to provide6
for related matters.7
Notice of intention to introduce this Act has been published.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 38:1607(C) is hereby amended and reenacted to read as follows: 10
ยง1607. Board of commissioners; qualifications; compensation and expenses11
* * *12
C.(1) Notwithstanding the provisions of Subsection A of this Section, the St.13
Charles Parish Council may replace the board of commissioners of the Sunset14
Drainage District as the governing authority of the district by adopting an ordinance15
appointing and designating the St. Charles Parish Council as the governing authority16
of the district. At least two public hearings shall be held prior to each consideration17 SB NO. 683
SLS 12RS-485 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of adopting the ordinance by the St. Charles Parish Council. At least one of the1
public hearings shall be held at a location within the district. The ordinance shall2
establish an effective date for such change in governance and the delivery of records,3
accounts and monies to the council.4
(2) In no event shall the St. Charles Parish Council initiate the process5
as provided in Paragraph (1) of this Subsection until such time as the board of6
commissioners of the Sunset Drainage District adopts and provides to the7
council a resolution indicating either of the following:8
(a) That the district has exhausted all avenues at its disposal to secure9
sufficient funding needed for the proper operation and maintenance of, and10
future improvements to, the district and requests that the council initiate the11
process to become the governing authority of the district.12
(b) That the district has determined that it is in its best interest to have13
the council become the governing authority of the district.14
Section 2. Section 2 of Act 319 of the 2011 Regular Session of the Louisiana15
Legislature is hereby repealed in its entirety.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
Present law provides that all drainage districts shall be governed and controlled by five
commissioners to be known as a board of commissioners.
Present law provides an exception for the Sunset Drainage District effective July 1, 2012,
wherein the St. Charles Parish Council may replace the board of commissioners as the
governing authority of the district by adopting an ordinance appointing and designating the
St. Charles Parish Council as the governing authority of the district. Requires that at least
two public hearings be held prior to each consideration by the council to adopt the ordinance,
at least one of which must be held at a location within the district. Requires that the
ordinance establish an effective date for such a change in the governance and for the delivery
of records, accounts and monies to the council. Provides that present law sunsets on
December 31, 2013.
Proposed law adds that the St. Charles Parish Council may not initiate the process to become
the governing authority of the Sunset Drainage District until such time as the board of
commissioners adopts and provides to the council a resolution indicating either:
(1) That the district has exhausted all avenues at its disposal to secure sufficient funding
needed for the proper operation and maintenance of, and future improvements to, the
district and requests that the council initiate the process to become the governing SB NO. 683
SLS 12RS-485 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
authority of the district.
(2)That the district has determined that it is in its best interest to have the council
become the governing authority of the district.
Proposed law repeals sunset in present law of St. Charles Parish Council's authority to
become governing authority of the Sunset Drainage District.
Effective August 1, 2012.
(Amends R.S. 38:1607(C); repeals Section 2 of Act 319 of 2011 R.S.)