SLS 12RS-63 ENGROSSED
Page 1 of 11
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. 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
§1401. Bunches Bend Protection District12
A. Creation. Pursuant to Article VI, Sections 19, 30, and 36 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
SLS 12RS-63 ENGROSSED
Page 2 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 following described tract of land4
situated in a portion of T 22 & 23 N - R 13 E, East Carroll Parish, Louisiana as5
shown on plat D-1724, file number 4539.2 containing approximately 10,5996
acres, and being more particularly described as follows: FROM the southeast7
corner of Section 71, T 22 N – R 13 E, East Carroll Parish, Louisiana run North8
50°43'51" West approximately 1,105 feet to a point at the intersection of the east9
toe of the Mississippi River Main Line Levee and a line 15.00 feet south of the10
southern toe of the Old Levee and THE POINT OF BEGINNING; thence run11
in a northern direction along the east toe of the Mississippi River Main Line12
Levee approximately 20,263 feet to a point at the intersection of a line 15.00 feet13
from the toe of the Old Levee on the unprotected side; thence run along the14
unprotected side and being 15.00 feet from the toe of the Old Levee15
approximately 79,421 feet to a point and The Point Of Beginning.16
C. Governance. (1) In order to provide for the orderly development of17
the district and effectuation of the purposes of the district, the district shall be18
administered and governed by a board of six commissioners who shall be19
owners of property in the district or duly designated representatives of entities20
which own property within the district, as follows:21
(a) Two shall be appointed by the governor, to serve at his pleasure.22
(b) One shall be appointed by the member of the Louisiana House of23
Representatives whose district encompasses all or the greater portion of the24
area of the district, to serve at his pleasure.25
(c) One shall be appointed by the member of the Louisiana Senate whose26
district encompasses all or the greater portion of the area of the district, to serve27
at his pleasure.28
(d) Two shall be appointed by the public utilities which own land and/or29 SB NO. 730
SLS 12RS-63 ENGROSSED
Page 3 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
property or possess servitudes within the district.1
(2) The commissioners appointed pursuant to Paragraph (1)(d) shall2
serve terms of four years beginning July 15, 2012. However, the commissioners3
may serve until they are reappointed or until their successors are appointed.4
Any vacancy which occurs shall be filled in the same manner as the original5
appointment.6
(3) A majority of the members of the board shall constitute a quorum for7
the transaction of business and, except as provided for in Subsection E of this8
Section, the board shall take action by a vote of a majority of the commissioners9
present. The board shall keep minutes of all meetings and shall make them10
available for inspection through the board's secretary. The minute books and11
archives of the district shall be maintained by the board's secretary. The12
monies, funds, and accounts of the district shall be in the official custody of the13
board.14
(4) The board shall adopt bylaws and prescribe rules to govern its15
meetings. The members of the board shall serve without salary or per diem but16
shall be entitled to reimbursement for reasonable, actual and necessary17
expenses incurred in the performance of their duties.18
(5) The domicile of the board shall be established by the board at a19
location within East Carroll Parish.20
(6) The board shall elect from its own members a president, vice21
president, secretary and treasurer, whose duties shall be common to such offices22
or as may be provided by bylaws adopted by the district. At the option of the23
board or as provided in the bylaws, the offices of secretary and treasurer may24
be held by one person. The board shall hold such meetings as the president25
deems necessary, or as called by a written petition of a majority of the members26
of the board, or may hold special meetings as provided in the bylaws. All such27
meetings shall be public meetings subject to the provisions of R.S. 42:4.1 et seq.28
D. Rights and powers. In addition to the revenue authority provided for29 SB NO. 730
SLS 12RS-63 ENGROSSED
Page 4 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
in Subsection E of this Section, the district, acting by and through its board of1
commissioners, shall have and exercise all powers of a political subdivision and2
a special district necessary or convenient for the carrying out of its objects and3
purposes including but not limited to the following:4
(1) To sue and to be sued.5
(2) To adopt bylaws and rules and regulations.6
(3) To receive by gift, grant, donation or otherwise any sum of money,7
property, aid or assistance from the United States, the state of Louisiana, or any8
political subdivision thereof, or any person, firm, or corporation.9
(4) For the public purposes of the district, to enter into contracts,10
agreements or cooperative endeavors with the state and its political subdivisions11
or political corporations and with any public or private association,12
corporation, business entity, or individual.13
(5) To appoint officers, agents, and employees, prescribe their duties, and14
fix their compensation.15
(6) To acquire by gift, grant, purchase, lease, or otherwise such property16
as may be necessary or desirable for carrying out the objectives and purposes17
of the district and to mortgage and sell such property.18
(7)(a) In its own name and on its own behalf to incur debt and to issue19
bonds, notes, certificates, and other evidences of indebtedness. For this purpose20
the district shall be deemed and considered to be a public entity and shall, to the21
extent not in conflict with this Section, have the authority and powers with22
respect to indebtedness provided for in Chapters 13, 13-A, 14, 14-A, 14-B, 15-A23
and 18 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, and24
any other provisions of law providing authority to political subdivisions with25
respect to issuing indebtedness which is not in conflict with this Section.26
(b) Except for the approval of the State Bond Commission as may be27
provided for in law, no other approval shall be required for the issuance of28
indebtedness of the district.29 SB NO. 730
SLS 12RS-63 ENGROSSED
Page 5 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(c) For a period of thirty days from the date of publication of any1
resolution authorizing the issuance of bonds or other indebtedness of the2
district, any persons in interest shall have the right to contest the legality of the3
resolution and the legality of the bond issue for any cause, after which time no4
one shall have any cause or right of action to contest the legality of such5
resolution or of the bonds authorized thereby for any cause whatsoever. If no6
suit, action, or proceeding is begun contesting the validity of the bond issue7
within the thirty days prescribed in this Subparagraph, the authority to issue8
the bonds and to provide for the payment thereof, and the legality thereof and9
all of the provisions of the resolution authorizing the issuance of the bonds shall10
be conclusively presumed, and no court shall have authority to inquire into such11
matters.12
(8) To borrow money and pledge all or part of its taxes, fees, or other13
revenues as security for debt incurred and for furtherance of the purposes of14
the district.15
(9) Establish such funds or accounts as are necessary for the conduct of16
the affairs of the district.17
(10) To enter onto private property where necessary to perform its duties18
as provided for in this Section.19
(11) To do all things reasonably necessary to accomplish the purposes of20
the district, except that, notwithstanding any other law to the contrary, neither21
the board nor the district shall have the power of expropriation.22
E.(1) For the purposes set forth in this Section, the board of23
commissioners is hereby granted the authority pursuant to Article VI, Sections24
19, 30, and 36 of the Constitution of Louisiana to levy and collect by resolution25
or ordinance adopted by a favorable vote of at least two-thirds of the total26
number of commissioners, which shall include the favorable vote of both of the27
commissioners appointed by the public utilities which own land and/or property28
or possess servitudes within the district, a combination of the following taxes:29 SB NO. 730
SLS 12RS-63 ENGROSSED
Page 6 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(a) An ad valorem tax of up to three hundred eleven mills within the1
district.2
(b) An annual tax to be imposed on a per acre basis on land within the3
district not to exceed thirty dollars per acre levied on cropland as defined by the4
Farm Service Agency of the United States Department of Agriculture and seven5
dollars per acre levied on all other land.6
(2)(a) Such combination of taxes shall be levied only after the following:7
(i) The board of commissioners of the district has adopted an8
appropriate resolution giving notice of its intention to levy such taxes, which9
resolution shall include a general description of the taxes to be levied, and notice10
of this intention shall be published once a week for two weeks in the official11
journal of the parish governing authority, the first publication to appear at least12
fourteen days before the public meeting of the board of commissioners at which13
the board will meet in open and public session to hear any objections to the14
proposed levy of the tax. The notice of intent so published shall state the date,15
time, and place of the public hearing.16
(ii) At the public meeting held pursuant to this Item, the commission17
shall establish a mail ballot referendum on the imposition of the proposed tax18
whereby landowners within the district may inform the board of their approval19
or disapproval of such proposed tax. The mail ballot referendum shall include20
the following:21
(aa) A procedure whereby the landowners within the district shall be22
mailed to the last known address of such landowners as listed on the ad valorem23
tax assessment rolls of the parish the mail ballot provided for in Subitem (bb)24
of this Item and written notice of the following:25
(I) The rate and term of the taxes proposed to be levied.26
(II) The purposes of such levy.27
(III) The time period during which the mail balloting shall occur which28
shall in no case be less than thirty days, with the stipulation that no mail ballots29 SB NO. 730
SLS 12RS-63 ENGROSSED
Page 7 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
will be accepted which are postmarked after the last day of such time period.1
(IV) The address to which the ballots are to be mailed.2
(bb) The form of the mail ballot wherein the landowner shall express his3
approval or disapproval of the rate and term of the tax. If the landowner is not4
an individual, the voter shall provide written documentation of his authority to5
vote on behalf of the entity which is the landowner.6
(iii) The commission shall not levy any tax pursuant to this Section unless7
seventy-five percent of the landowners in the district participating in the mail8
ballot approve the rate and term of the tax.9
(iv) For purposes of this Paragraph, "landowner" means the following:10
(I) The individual or individuals who own land in the district.11
(II) A duly authorized representative of any entity which owns land in12
the district.13
(b) The powers and rights conferred by this Subsection shall be in14
addition to the powers and rights conferred by any other law. This Subsection,15
and any provisions of this Section not inconsistent therewith, does and shall be16
construed to provide a complete and additional method for the levy of the tax.17
No election, proceeding, notice, or approval shall be required for the levy of18
such tax except as provided in this Subsection.19
F. The provisions of R.S. 38:225(A), (B), (D)(1), and (E) shall apply to20
the Wilson Point Levee System in the Bunches Bend area and the Bunches Bend21
Protection District shall have the authority provided to levee districts in such22
provisions of law.23
G. The property of the district acquired or held for the purposes of this24
Section is to be used for an essential public and governmental purpose and such25
property shall be exempt from all taxes of the state or any of its local26
governmental or political subdivisions; provided, however, that such exemption27
shall terminate when the district sells or otherwise disposes of the property to28
any purchaser or transferee not a public body.29 SB NO. 730
SLS 12RS-63 ENGROSSED
Page 8 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
H. Liberal construction. This Section shall be liberally construed to1
effect the purposes of the Section.2
Section 2. The chief executive of the governing authority of East Carroll Parish shall3
call and designate the location of the first meeting of the board of commissioners of the4
district at a place to be named by him no later than July 31, 2012. He shall chair the meeting5
until the president thereof is elected at such meeting.6
Section 3. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Thompson (SB 730)
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.
Proposed law specifies the area of so-called Bunches Bend that will be within the district.
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 SB NO. 730
SLS 12RS-63 ENGROSSED
Page 9 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 311 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 levied on cropland as defined by the Farm Service Agency of
the USDA and $7 per acre levied on all other land.
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.
(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: SB NO. 730
SLS 12RS-63 ENGROSSED
Page 10 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 provides that the provisions of R.S. 38:225(A), (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 essentially prohibit
certain activities on or near the levees to be of repaired, improved and maintained 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. SB NO. 730
SLS 12RS-63 ENGROSSED
Page 11 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Reduces the millage which may be levied by the district from 750 mills to
311 mills.
2. Specifies that the annual tax to be imposed on a per acre basis on land within
the district cannot exceed $7 per acre on land which is not cropland as
defined by the Farm Service Agency of USDA.
3. Specifies the area of so-called Bunches Bend that will be within the district.
4. Deletes specific authority to enter into cooperative endeavor agreements with
owners of the levee concerning certain matters.
5. Includes Const. Art. VI, Sec. 36 as another source of authority for the grant
of powers to the district.