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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 ENROLLED
SENATE BILL NO. 683
BY SENATOR GARY SMITH
AN ACT1
To amend and reenact R.S. 38:1607(C) and to repeal Sections 2 and 3 of Act 319 of the2
2011 Regular Session of the Louisiana Legislature, relative to the Sunset Drainage3
District in St. Charles Parish; to provide relative to the governance of the district; to4
provide procedures for the parish council to become the district's governing5
authority; to repeal the date set for the effectiveness of certain provisions; to provide6
an effective date; and to provide 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
of adopting the ordinance by the St. Charles Parish Council. At least one of the18
public hearings shall be held at a location within the district. The ordinance shall19
establish an effective date for such change in governance and the delivery of records,20
accounts and monies to the council.21
(2) The St. Charles Parish Council shall not replace the board of22
commissioners of the Sunset Drainage District as provided in Paragraph (1) of23
this Subsection until such time as the board of commissioners of the district24
adopts and provides to the council a resolution indicating either of the25
following:26 SB NO. 683 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(a) That the district has exhausted all avenues at its disposal to secure1
sufficient funding needed for the proper operation and maintenance of, and2
future improvements to, the district and requests that the council become the3
governing authority of the district.4
(b) That the district has determined that it is in its best interest to have5
the council become the governing authority of the district.6
(3) Notwithstanding the provisions of Paragraph (2) of this Subsection,7
if the board of commissioners of the district is unable to perform the customary8
and normal operation and maintenance of the district which may result in a9
public emergency, as determined by the St. Charles Parish Council, the St.10
Charles Parish Council may replace the board of commissioners of the district11
as provided in Paragraph (1) of this Subsection. However, under these12
circumstances the St. Charles Parish Council shall be required to hold only one13
public hearing, and such hearing shall be held within the district.14
Section 2. Sections 2 and 3 of Act 319 of the 2011 Regular Session of the Louisiana15
Legislature are hereby repealed in their entirety.16
Section 3. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: