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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
C. Notwithstanding any law to the contrary, any tax levied by the5
district shall extend to the municipal territory included in the district and to the6
persons therein.7
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
Gallot (SB 725)
Proposed law authorizes any parish economic and industrial development district ("district")
that is created by law, located within a parish with a police jury form of government, and at
the time of its creation, was composed of all territory located within the parish that are
unincorporated, to also include all territory located within any municipality situated in the
same 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.
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.
Requires that the ordinance 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. SB NO. 725
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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.
Effective August 1, 2012.
(Adds R.S. 33:130.851)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Removes provisions relative to changes to the district's board of
commissioners upon the inclusion of a municipality.