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Regular Session, 2012
SENATE BILL NO. 725
BY SENATOR GALLOT
SPECIAL DISTRICTS. Provides for inclusion of certain areas of incorporated
municipalities into a parish-wide economic and industrial development district wherein
certain unincorporated areas are excluded. (8/1/12)
AN ACT1
To enact Subpart B-47 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes2
of 1950, comprised of R.S. 33:130.851, relative to economic and industrial3
development districts; to provide for the inclusion of municipal areas in certain4
parish economic and industrial development districts; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Subpart B-47 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised8
Statutes of 1950, consisting of R.S. 33:130.851, is hereby enacted to read as follows: 9
SUBPART B-47. MISCELLANEOUS PROVISIONS10
ยง130.851. Inclusion of municipal territory within parish economic and11
industrial development districts12
A. Any parish economic and industrial development district created by13
law, located within a parish with a police jury form of government pursuant to14
Part V of Chapter 2 of Title 33 of the Louisiana Revised Statutes of 1950, and15
composed of all territory located within the unincorporated areas of the parish16
when created, hereinafter referred as "district", may also include all territory17 SB NO. 725
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located within any municipality situated in the parish in the manner provided1
by this Section.2
B. All territory located within a municipality may be included in the3
district upon all of the following:4
(1) The adoption of an ordinance by the governing authority of the5
municipality consenting to have all territory within the municipality included6
in the district.7
(2) The adoption of an ordinance by the governing authority of the8
parish consenting to the inclusion of all territory within the municipality in the9
district.10
(3) The adoption of a resolution by the board of commissioners of the11
district consenting to the inclusion of the territory of the municipality in the12
district.13
(4)(a) If the district is levying any tax pursuant to a vote of the14
electorate, then the inclusion of the territory of the municipality shall not occur15
unless the inclusion is approved in the district and in the municipality affected16
by a majority of the qualified electors thereof voting at an election held for that17
purpose as hereinafter provided.18
(b) The election shall be ordered by ordinance adopted by the district19
and by ordinance adopted by the municipality. The ordinance shall set the date20
for the election, which shall be not less than sixty days nor more than one21
hundred twenty days from the date of its adoption. The ordinance shall set out22
the object of the election.23
(c) An ordinance calling an election shall be published once a week in24
each of three consecutive weeks in the official journal of the district and in the25
official journal of the municipality, the first publication to be at least twenty-one26
days prior to the date fixed for the election.27
(d) It shall not be necessary that the elections be held at the same time;28
but no election shall be effective unless the district and the municipality have29 SB NO. 725
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voted on the question within six months from the date of the first such election.1
(e) Except as provided in this Paragraph, the elections shall be2
conducted as provided in Chapter 6-B of Title 18 of the Louisiana Revised3
Statutes of 1950. 4
5
C. Notwithstanding any law to the contrary any tax levied by the district6
shall extend to the municipal territory included in the district and to the persons7
therein.8
D.(1) For each municipality included within the district, there shall be9
one additional member of the board of commissioners of the district, who shall10
be appointed by the governing authority of the municipality.11
(2) Each such member shall be a citizen of the United States and have12
been domiciled in the municipality and a qualified voter in the municipality for13
at least one year preceding the date of his appointment. The member shall14
remain domiciled in and a qualified voter in the municipality throughout his15
term of office.16
(3) The member shall serve a term of four years and may be17
reappointed.18
(4) The member may be removed for cause by a majority vote of the19
governing authority of the municipality.20
(5) Any vacancy in this membership of the board shall be filled in the21
same manner as the original appointment within thirty days after receipt by the22
municipality of written notification from the board of the vacancy. In the event23
the vacancy is not filled within thirty days after the municipality's receipt of24
written notification of the vacancy, the board shall appoint an interim successor25
to serve on the board until the position is filled in the same manner as the26
original appointment.27
(6) Otherwise the member shall be subject to provisions applicable to28
the other members of the board.29 SB NO. 725
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Proposed law authorizes any parish economic and industrial development district created by
law, located within a parish with a police jury form of government, and composed of all
territory located within the unincorporated areas of the parish when created ("district") may
also include all territory located within any municipality situated in the parish.
Provides that all territory located within a municipality may be included in the district upon
all of the following:
1. The adoption of an ordinance by the governing authority of the municipality
consenting to have all territory within the municipality included in the district.
2. The adoption of an ordinance by the governing authority of the parish consenting to
the inclusion of all territory within the municipality in the district.
3. The adoption of a resolution by the board of commissioners of the district consenting
to the inclusion of the territory of the municipality in the district.
4. If the district is levying any tax pursuant to a vote of the electorate, then the inclusion
of the territory of the municipality shall not occur unless the inclusion is approved
in the district and in the municipality affected by a majority of the qualified electors
thereof voting at an election held for that purpose as hereinafter provided.
Provides that the election shall be ordered by ordinance adopted by the district and by
ordinance adopted by the municipality. The ordinance shall set the date for the election,
which shall be not less than 60 days nor more than 120 days from the date of its adoption.
The ordinance shall set out the object of the election.
Provides that an ordinance calling an election shall be published once a week in each of three
consecutive weeks in the official journal of the district and in the official journal of the
municipality, the first publication to be at least 21 days prior to the date fixed for the
election.
Provides that it shall not be necessary that the elections be held at the same time; but no
election shall be effective unless the district and the municipality have voted on the question
within six months from the date of the first such election.
Provides that the elections shall otherwise be conducted as provided in the Election Code
applicable to proposition elections.
Provides that notwithstanding any law to the contrary any tax levied by the district shall
extend to the municipal territory included in the district and to the persons therein.
Provides that for each municipality included within the district, there shall be one additional
member of the board of commissioners of the district, who shall be appointed by the
governing authority of municipality. Provides that the member shall be a citizen of the
United States and have been domiciled in the municipality and a qualified voter in the
municipality for at least one year preceding the date of his appointment. The member shall
remain domiciled in and a qualified voter in the municipality throughout his term of office.
Provides that the member shall serve a term of four years and may be reappointed. Provides
that the member may be removed for cause by a majority vote of the governing authority of
the municipality. SB NO. 725
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Provides that any vacancy in this membership of the board shall be filled in the same manner
as the original appointment within 30 days after receipt by the municipality of written
notification from the board of the vacancy. In the event the vacancy is not filled within 30
days after the municipality's receipt of written notification of the vacancy, the board shall
appoint an interim successor to serve on the board until the position is filled in the same
manner as the original appointment.
Provides that the member shall otherwise be subject to provisions applicable to the other
members of the board.
Effective August 1, 2012.
(Adds R.S. 33:130.851)