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Regular Session, 2012
SENATE BILL NO. 730
BY SENATOR THOMPSON
SPECIA L DISTRICTS. Creates the Bunches Bend Protection District for the purpose of
repairing, improving, and maintaining the Wilson Point Levee System in the Bunches Bend
area. (gov sig)
AN ACT1
To enact Chapter 4-A of Title 38 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 38:1401, relative to the creation of the Bunches Bend Protection District; to3
provide for the purposes, powers, duties, and governance of the district; to provide4
for the authority to levy taxes under certain conditions; to provide for the issuance5
of indebtedness; to authorize cooperative endeavors with the owners of certain land;6
to provide for certain penalties; 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. Chapter 4-A of Title 38 of the Louisiana Revised Statutes of 1950, to be10
comprised of R.S. 38:1401, is hereby enacted to read as follows:11
ยง1401. Bunches Bend Protection District12
A. Creation. Pursuant to Article VI, Sections 19 and 30 of the13
Constitution of Louisiana, the Bunches Bend Protection District is hereby14
created effective July 15, 2012, as a special district and political subdivision of15
the state of Louisiana in the parish of East Carroll and is hereby granted all of16
the rights, powers, privileges, and immunities accorded by law and the17 SB NO. 730
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Constitution of Louisiana to political subdivisions of the state, subject to the1
limitations provided in this Section for the purpose of repairing, improving, and2
maintaining the Wilson Point Levee System in the Bunches Bend area.3
B. The district shall be comprised of the area of the Parish of East4
Carroll which contains the levees composing the Wilson Point Levee System and5
the area within the Wilson Point Levee System.6
C. Governance. (1) In order to provide for the orderly development of7
the district and effectuation of the purposes of the district, the district shall be8
administered and governed by a board of six commissioners who shall be9
owners of property in the district or duly designated representatives of entities10
which own property within the district, as follows:11
(a) Two shall be appointed by the governor, to serve at his pleasure.12
(b) One shall be appointed by the member of the Louisiana House of13
Representatives whose district encompasses all or the greater portion of the14
area of the district, to serve at his pleasure.15
(c) One shall be appointed by the member of the Louisiana Senate whose16
district encompasses all or the greater portion of the area of the district, to serve17
at his pleasure.18
(d) Two shall be appointed by the public utilities which own land and/or19
property or possess servitudes within the district.20
(2) The commissioners appointed pursuant to Paragraph (1)(d) shall21
serve terms of four years beginning July 15, 2012. However, the commissioners22
may serve until they are reappointed or until their successors are appointed.23
Any vacancy which occurs shall be filled in the same manner as the original24
appointment.25
(3) A majority of the members of the board shall constitute a quorum for26
the transaction of business and, except as provided for in Subsection E of this27
Section, the board shall take action by a vote of a majority of the commissioners28
present. The board shall keep minutes of all meetings and shall make them29 SB NO. 730
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available for inspection through the board's secretary. The minute books and1
archives of the district shall be maintained by the board's secretary. The2
monies, funds, and accounts of the district shall be in the official custody of the3
board.4
(4) The board shall adopt bylaws and prescribe rules to govern its5
meetings. The members of the board shall serve without salary or per diem but6
shall be entitled to reimbursement for reasonable, actual and necessary7
expenses incurred in the performance of their duties.8
(5) The domicile of the board shall be established by the board at a9
location within East Carroll Parish.10
(6) The board shall elect from its own members a president, vice11
president, secretary and treasurer, whose duties shall be common to such offices12
or as may be provided by bylaws adopted by the district. At the option of the13
board or as provided in the bylaws, the offices of secretary and treasurer may14
be held by one person. The board shall hold such meetings as the president15
deems necessary, or as called by a written petition of a majority of the members16
of the board, or may hold special meetings as provided in the bylaws. All such17
meetings shall be public meetings subject to the provisions of R.S. 42:4.1 et seq.18
D. Rights and powers. In addition to the revenue authority provided for19
in Subsection E of this Section, the district, acting by and through its board of20
commissioners, shall have and exercise all powers of a political subdivision and21
a special district necessary or convenient for the carrying out of its objects and22
purposes including but not limited to the following:23
(1) To sue and to be sued.24
(2) To adopt bylaws and rules and regulations.25
(3) To receive by gift, grant, donation or otherwise any sum of money,26
property, aid or assistance from the United States, the state of Louisiana, or any27
political subdivision thereof, or any person, firm, or corporation.28
(4) For the public purposes of the district, to enter into contracts,29 SB NO. 730
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agreements or cooperative endeavors with the state and its political subdivisions1
or political corporations and with any public or private association,2
corporation, business entity, or individual.3
(5) To appoint officers, agents, and employees, prescribe their duties, and4
fix their compensation.5
(6) To acquire by gift, grant, purchase, lease, or otherwise such property6
as may be necessary or desirable for carrying out the objectives and purposes7
of the district and to mortgage and sell such property.8
(7)(a) In its own name and on its own behalf to incur debt and to issue9
bonds, notes, certificates, and other evidences of indebtedness. For this purpose10
the district shall be deemed and considered to be a public entity and shall, to the11
extent not in conflict with this Section, have the authority and powers with12
respect to indebtedness provided for in Chapters 13, 13-A, 14, 14-A, 14-B, 15-A13
and 18 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, and14
any other provisions of law providing authority to political subdivisions with15
respect to issuing indebtedness which is not in conflict with this Section.16
(b) Except for the approval of the State Bond Commission as may be17
provided for in law, no other approval shall be required for the issuance of18
indebtedness of the district.19
(c) For a period of thirty days from the date of publication of any20
resolution authorizing the issuance of bonds or other indebtedness of the21
district, any persons in interest shall have the right to contest the legality of the22
resolution and the legality of the bond issue for any cause, after which time no23
one shall have any cause or right of action to contest the legality of such24
resolution or of the bonds authorized thereby for any cause whatsoever. If no25
suit, action, or proceeding is begun contesting the validity of the bond issue26
within the thirty days prescribed in this Subparagraph, the authority to issue27
the bonds and to provide for the payment thereof, and the legality thereof and28
all of the provisions of the resolution authorizing the issuance of the bonds shall29 SB NO. 730
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be conclusively presumed, and no court shall have authority to inquire into such1
matters.2
(8) To borrow money and pledge all or part of its taxes, fees, or other3
revenues as security for debt incurred and for furtherance of the purposes of4
the district.5
(9) Establish such funds or accounts as are necessary for the conduct of6
the affairs of the district.7
(10) To enter onto private property where necessary to perform its duties8
as provided for in this Section.9
(11) To do all things reasonably necessary to accomplish the purposes of10
the district, except that, notwithstanding any other law to the contrary, neither11
the board nor the district shall have the power of expropriation.12
E.(1) For the purposes set forth in this Section, the board of13
commissioners is hereby granted the authority pursuant to Article VI, Sections14
19 and 30 of the Constitution of Louisiana to levy and collect by resolution or15
ordinance adopted by a favorable vote of at least two-thirds of the total number16
of commissioners, which shall include the favorable vote of both of the17
commissioners appointed by the public utilities which own land and/or property18
or possess servitudes within the district, a combination of the following taxes:19
(a) An ad valorem tax of up to seven hundred fifty mills within the20
district.21
(b) An annual tax to be imposed on a per acre basis on land within the22
district not to exceed thirty dollars per acre.23
(2)(a) Such combination of taxes shall be levied only after the following:24
(i) The board of commissioners of the district has adopted an25
appropriate resolution giving notice of its intention to levy such taxes, which26
resolution shall include a general description of the taxes to be levied, and notice27
of this intention shall be published once a week for two weeks in the official28
journal of the parish governing authority, the first publication to appear at least29 SB NO. 730
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fourteen days before the public meeting of the board of commissioners at which1
the board will meet in open and public session to hear any objections to the2
proposed levy of the tax. The notice of intent so published shall state the date,3
time, and place of the public hearing.4
(ii) At the public meeting held pursuant to this Item, the commission5
shall establish a mail ballot referendum on the imposition of the proposed tax6
whereby landowners within the district may inform the board of their approval7
or disapproval of such proposed tax. The mail ballot referendum shall include8
the following:9
(aa) A procedure whereby the landowners within the district shall be10
mailed to the last known address of such landowners as listed on the ad valorem11
tax assessment rolls of the parish the mail ballot provided for in Subitem (bb)12
of this Item and written notice of the following:13
(I) The rate and term of the taxes proposed to be levied.14
(II) The purposes of such levy.15
(III) The time period during which the mail balloting shall occur which16
shall in no case be less than thirty days, with the stipulation that no mail ballots17
will be accepted which are postmarked after the last day of such time period.18
(IV) The address to which the ballots are to be mailed.19
(bb) The form of the mail ballot wherein the landowner shall express his20
approval or disapproval of the rate and term of the tax. If the landowner is not21
an individual, the voter shall provide written documentation of his authority to22
vote on behalf of the entity which is the landowner.23
(iii) The commission shall not levy any tax pursuant to this Section unless24
seventy-five percent of the landowners in the district participating in the mail25
ballot approve the rate and term of the tax.26
(iv) For purposes of this Paragraph, "landowner" means the following:27
(I) The individual or individuals who own land in the district.28
(II) A duly authorized representative of any entity which owns land in29 SB NO. 730
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the district.1
(b) The powers and rights conferred by this Subsection shall be in2
addition to the powers and rights conferred by any other law. This Subsection,3
and any provisions of this Section not inconsistent therewith, does and shall be4
construed to provide a complete and additional method for the levy of the tax.5
No election, proceeding, notice, or approval shall be required for the levy of6
such tax except as provided in this Subsection.7
F. The district may enter into a cooperative endeavor agreement with8
the owner or owners of the levee and the owner or owners of land within two9
hundred fifty feet of such levee whereby the owners agree to all of the following:10
(1) That the district and authorized representatives of the district may11
enter upon any lands, waters, and premises of the owner upon which a project12
for the purpose of repairing, improving, and maintaining such levee system is13
or will be undertaken by the district pursuant to this Section, including a14
provision that the district shall indemnify the owner for any loss or injury15
resulting from entry upon the property and shall make reimbursement for any16
actual damages resulting to lands, waters, and premises as a result of these17
activities.18
(2) That no new objects, works, or structures shall be placed upon the19
land subject to the cooperative endeavor agreement without first obtaining a20
permit or letter of no objection from the district.21
(3) That the owner shall not do, or authorize any person or entity to do,22
any of the following:23
(a) Place or cause to be placed upon or within fifteen feet of any part of24
such levee any object, material, or matter of any kind or character which25
obstructs or interferes with the safety of the levee or is an obstacle to the26
inspection, maintenance, or repair of such levee.27
(b) Tie or moor logs, rafts, boats, watercraft, or floating objects of any28
description to the levees, or, when the water is against the levees, tie or moor29 SB NO. 730
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any floating objects to mooring posts, revetments, trees, or other objects within1
one hundred eighty feet from the crown of such levee.2
(c) When the water is against the levees, drive or push any logs, rafts,3
boats, watercraft, or floating objects of any description onto or against such4
levee.5
(d) Portage boats, watercraft, logs, driftwood, or other floating objects6
over the levees under any circumstances, during the time the water is against7
the levees, or at any other time except at ramps or properly prepared crossings,8
under permits issued by the district for the purpose in cases where the objects9
are very heavy.10
(e) Use explosives to produce heavy detonations for any purpose on such11
land.12
(f) Drill, drive, jet, or otherwise sink oil, gas, or deep water wells within13
two hundred fifty feet of the levee.14
(g) Excavate wells, pumps, reservoirs, fish ponds, drainage canals or15
ditches, other than small seepage ditches, borrow pits, or pits for cesspools or16
privies, or for any other purpose, nearer the levee than one hundred feet from17
the levee's land side.18
(h) Scrape or wear away the surface of the levee or its surfacing of sod19
by tobogganing, dip-netting, or any other form of abuse.20
(i) Break off, disturb, remove, or destroy engineers' or surveyors'21
marker stakes, reference points or bench marks placed on or near the levee.22
(j) Drive or otherwise sink piles within two hundred fifty feet of the levee23
unless he has first received a permit or a letter of no objection from the district.24
(4) That if after forty-eight hours' notice by any district commissioner25
or other authorized representative of the district the object or objects,26
structures, or other obstructions have not been removed, such objects may be27
removed or the menace abated and any damage repaired by the district at the28
expense of the owner and that the objects, structures, or other obstructions may29 SB NO. 730
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be attached and may be removed from the levee or land at the risk and expense1
of the owner in order to remove the menace to the levee or the obstacle to the2
repair, improvement or maintenance of the levee.3
G. The provisions of R.S. 38:225(A)(2) through (10), (B), (D)(1), and (E)4
shall apply to the Wilson Point Levee System in the Bunches Bend area and the5
Bunches Bend Protection District shall have the authority provided to levee6
districts in such provisions of law.7
H. The property of the district acquired or held for the purposes of this8
Section is to be used for an essential public and governmental purpose and such9
property shall be exempt from all taxes of the state or any of its local10
governmental or political subdivisions; provided, however, that such exemption11
shall terminate when the district sells or otherwise disposes of the property to12
any purchaser or transferee not a public body.13
I. Liberal construction. This Section shall be liberally construed to effect14
the purposes of the Section.15
Section 2. The chief executive of the governing authority of East Carroll Parish shall16
call and designate the location of the first meeting of the board of commissioners of the17
district at a place to be named by him no later than July 31, 2012. He shall chair the meeting18
until the president thereof is elected at such meeting.19
Section 3. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Proposed law creates the Bunches Bend Protection District effective July 15, 2012, as a
special district and political subdivision of the state for the purpose of repairing, improving,
and maintaining the Wilson Point Levee System in the Bunches Bend area. SB NO. 730
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Proposed law provides that the district shall be comprised of the area of parish of East
Carroll which contains the levees composing the Wilson Point Levee System and the area
within the Wilson Point Levee System.
Proposed law provides for the district to be administered by a board of six commissioners
who shall be owners of property in the district or duly designated representatives of entities
which own property within the district, as follows:
1. Two who are appointed by the governor, to serve at his pleasure.
2. One appointed by the member of the House whose district encompasses all or the
greater portion of the area of the district, to serve at his pleasure.
3. One appointed by the member of the Senate whose district encompasses all or the
greater portion of the area of the district, to serve at his pleasure.
4. Two appointed by the public utilities which own land and/or property or possess
servitudes within the district.
The members of the board serve without salary or per diem but are entitled to reimbursement
for reasonable, actual, and necessary expenses incurred in the performance of their duties.
A majority of the members of the board constitute a quorum for the transaction of business
and, except as provided below for voting on taxes levied by the district, the board takes
action by a vote of a majority of the commissioners present.
Proposed law authorizes the board of commissioners to levy and collect by resolution or
ordinance adopted by a favorable vote of at least two-thirds of the total number of
commissioners, which must include the favorable vote of both of the commissioners
appointed by the public utilities, a combination of the following taxes:
1. An ad valorem tax of up to 750 mills within the district.
2. An annual tax to be imposed on a per acre basis on land within the district not to
exceed $30 per acre.
Such combination of taxes can be levied only after the following:
1. The board of commissioners of the district adopts an appropriate resolution giving
notice of its intention to levy such taxes, which resolution must include a general
description of the taxes to be levied, and notice of this intention must be published
once a week for two weeks in the official journal of the parish governing authority,
the first publication to appear at least 14 days before the public meeting of the board
at which it will meet in open and public session to hear any objections to the
proposed levy of the tax. The notice must state the date, time, and place of the public
hearing.
2. At the public meeting, the commission is required to establish a mail ballot
referendum on the imposition of the proposed tax whereby landowners within the
district may inform the board of their approval or disapproval of the proposed tax.
The mail ballot referendum must include the following:
(a) A procedure whereby the landowners within the district are mailed to their
last known address as listed on the ad valorem tax assessment rolls of the
parish the mail ballot below and written notice of the following:
(i)The rate and term of the taxes proposed to be levied. SB NO. 730
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(ii)The purposes of such levy.
(iii)The time period during which the mail balloting must occur which
can in no case be less than 30 days, with the stipulation that no mail
ballots will be accepted which are postmarked after the last day of the
time period.
(iv)The address to which the ballots are to be mailed.
(b)The form of the mail ballot wherein the landowner expresses his approval or
disapproval of the rate and term of the tax. If the landowner is not an
individual, the voter is required to provide written documentation of his
authority to vote on behalf of the entity which is the landowner.
3. The commission cannot levy any tax unless 75% of the landowners in the district
participating in the mail ballot approve the rate and term of the tax.
"Landowner" is defined as:
1. The individual or individuals who own land in the district.
2. A duly authorized representative of any entity which owns land in the district.
Proposed law grants to the district those powers usually provided to such districts to do all
things reasonably necessary to accomplish the purposes of the district. In particular, the
district may:
1. In its own name and on its own behalf incur debt and issue bonds, notes, certificates
and other evidences of indebtedness. For this purpose the district is deemed and
considered to be a "public entity", and to the extent not in conflict with the proposed
law, has the authority and powers with respect to indebtedness provided for in
Chapters 13, 13-A, 14, 14-A, 14-B, 15-A and 18 of Subtitle III of Title 39 of the
Louisiana Revised Statutes and any other provisions of law providing authority to
political subdivisions with respect to issuing indebtedness which is not in conflict
with the proposed law.
2. Except for the approval of the State Bond Commission, no other approval is required
for the issuance of indebtedness of the district.
3. For a period of 30 days from the date of publication of any resolution authorizing the
issuance of indebtedness of the district, any persons in interest are allowed to contest
the legality of the resolution and the legality of the bond issue for any cause, but after
that time no one has cause or right of action to contest their legality.
4. Enter onto private property where necessary to perform its duties as provided for in
proposed law.
5. However, neither the board nor the district has the power of expropriation.
Proposed law authorizes the district to enter into a cooperative endeavor agreement with the
owner or owners of the levee and the owner or owners of land within 250 feet of such levee,
whereby the owners agree to all of the following:
1. That representatives of the district may enter upon any lands, waters, and premises
of the owner upon which a project for the purpose of repairing, improving, and
maintaining such levee system is or will be undertaken by the district, including a
provision that the district will indemnify the owner for any loss or injury resulting
from entry upon the property and will make reimbursement for any actual damages SB NO. 730
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resulting to lands, waters, and premises as a result of the activities.
2. That no new structures will be placed upon the land subject to the cooperative
endeavor agreement without first obtaining a permit or letter of no objection from
the district.
3. That the owner will not do, or authorize any person or entity to do, any of the
following:
(a)Place or cause to be placed upon or within 15 feet of any part of the levee
any object, material, or matter of any kind or character which obstructs or
interferes with the safety of the levee or is an obstacle to the inspection,
maintenance, or repair of the levee.
(b)Tie or moor watercraft or floating objects of any description to the levees, or,
when the water is against the levees, tie or moor any floating objects to
mooring posts, revetments, trees, or other objects within 180 feet from the
crown of the levee.
(c) When the water is against the levees, drive or push any watercraft or floating
objects of any description onto or against the levee.
(d)Portage boats, watercraft, logs, driftwood, or other floating objects over the
levee under any circumstances, during the time the water is against the
levees, or at any other time except at ramps or properly prepared crossings,
under permits issued by the district for the purpose in cases where the objects
are very heavy.
(e) Use explosives to produce heavy detonations for any purpose on such land.
(f)Drill, drive, jet, or otherwise sink oil, gas, or deep water wells within 250 feet
of the levee.
(g) Excavate wells, pumps, reservoirs, fish ponds, drainage canals or ditches,
other than small seepage ditches, borrow pits, or pits for cesspools or privies,
or for any other purpose, nearer the levee than 150 feet from the levee's land
side.
(h) Scrape or wear away the surface of the levee or its surfacing of sod by
tobogganing, dip-netting, or any other form of abuse.
(i) Break off, disturb, remove, or destroy engineers' or surveyors' marker stakes,
reference points or bench marks placed on or near the levee.
(j) Drive or otherwise sink piles within 250 feet of the levee unless he has first
received a permit or a letter of no objection from the district.
4. That if after 48 hours' notice by any district commissioner or other authorized
representative of the district the objects, structures, or other obstructions have not
been removed, such objects may be removed or the menace abated and any damage
repaired by the district at the expense of the owner and that the objects, structures,
or other obstructions may be attached and may be removed from the levee or land
at the risk and expense of the owner in order to remove the menace to the levee or
the obstacle to the repair, improvement or maintenance of the levee.
Proposed law provides that the provisions of R.S. 38:225(A)(2) through (10), (B), (D)(1),
and (E) apply to the Wilson Point Levee System and the Bunches Bend Protection District
has the authority provided to levee districts in such provisions of law.[Those provisions SB NO. 730
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essentially prohibit non-owners from doing the things listed above and provide a penalty of
not more than $100 dollars for each violation or, in the case of willful and wanton violations,
imprisonment for not more than six months, or both. In addition, the district would be
authorized to bring a civil action for damages and/or injunctive relief, including but not
limited to the issuance of a mandatory injunction. In any suit for the issuance of an
injunction, proof of irreparable harm would not be necessary.]
Proposed law provides that the two commissioners appointed by the public utilities which
own land and/or property or possess servitudes within the district serve terms of four years
beginning July 15, 2012. However, the commissioners serve until they are reappointed or
until their successors are appointed. Any vacancy which occurs is to be filled in the same
manner as the original appointment.
The board elects from officers from its own members. The board holds such meetings as the
president deems necessary, or as called by a written petition of a majority of the members
of the board, or may hold special meetings as provided in the bylaws. All such meetings are
public meetings subject to the provisions of R.S. 42:4.1 et seq.
The board is required to keep minutes of all meetings and make them available for
inspection through the board's secretary. The board must adopt bylaws and prescribe rules
to govern its meetings. The domicile of the board is to be established by the board at a
location within East Carroll Parish.
Proposed law requires the chief executive of the governing authority of East Carroll Parish
to call and designate the location of the first meeting of the board of commissioners of the
district at a place to be named by him no later than July 31, 2012. He chairs the meeting until
the president thereof is elected at the meeting.
Proposed law provides that the property of the district acquired or held for the purposes of
the proposed law is exempt from all taxes of the state or any of its local governmental or
political subdivisions; provided, however, that the exemption terminates when the district
sells, or otherwise disposes of the property to any purchaser or transferee not a public body.
Proposed law provides that it shall be liberally construed to effect the purposes of the
proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 38:1401)