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Regular Session, 2012 ENROLLED
SENATE BILL NO. 730
BY SENATORS THOMPSON AND RI SER
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
Constitution of Louisiana to political subdivisions of the state, subject to the18
limitations provided in this Section, for the purpose of repairing, improving,19
and maintaining the Wilson Point Levee System in the Bunches Bend area.20
B. The district shall be comprised of the following described tract of land21
situated in a portion of T 22 & 23 N - R 13 E, East Carroll Parish, Louisiana as22
shown on plat D-1724, file number 4539.2 containing approximately 10,59923
acres, and being more particularly described as follows: FROM the southeast24
corner of Section 71, T 22 N – R 13 E, East Carroll Parish, Louisiana run North25
50°43'51" West approximately 1,105 feet to a point at the intersection of the east26
toe of the Mississippi River Main Line Levee and a line 15.00 feet south of the27 SB NO. 730 ENROLLED
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southern toe of the Old Levee and THE POINT OF BEGINNING; thence run1
in a northern direction along the east toe of the Mississippi River Main Line2
Levee approximately 20,263 feet to a point at the intersection of a line 15.00 feet3
from the toe of the Old Levee on the unprotected side; thence run along the4
unprotected side and being 15.00 feet from the toe of the Old Levee5
approximately 79,421 feet to a point and The Point Of Beginning.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 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
available for inspection through the board's secretary. The minute books and30 SB NO. 730 ENROLLED
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archives of the district shall be maintained by the board's secretary. The1
monies, funds, and accounts of the district shall be in the official custody of the2
board.3
(4) The board shall adopt bylaws and prescribe rules to govern its4
meetings. The members of the board shall serve without salary or per diem but5
shall be entitled to reimbursement for reasonable, actual, and necessary6
expenses incurred in the performance of their duties.7
(5) The domicile of the board shall be established by the board at a8
location within East Carroll Parish.9
(6) The board shall elect from its own members a president, vice10
president, secretary and treasurer, whose duties shall be common to such offices11
or as may be provided by bylaws adopted by the district. At the option of the12
board or as provided in the bylaws, the offices of secretary and treasurer may13
be held by one person. The board shall hold such meetings as the president14
deems necessary, or as called by a written petition of a majority of the members15
of the board, or may hold special meetings as provided in the bylaws. All such16
meetings shall be public meetings subject to the provisions of R.S. 42:4.1 et seq.17
D. Rights and powers. In addition to the revenue authority provided for18
in Subsection E of this Section, the district, acting by and through its board of19
commissioners, shall have and exercise all powers of a political subdivision and20
a special district necessary or convenient for the carrying out of its objectives21
and purposes including but not limited to the following:22
(1) To sue and to be sued.23
(2) To adopt bylaws and rules and regulations.24
(3) To receive by gift, grant, donation or otherwise any sum of money,25
property, aid or assistance from the United States, the state of Louisiana, or any26
political subdivision thereof, or any person, firm, or corporation.27
(4) For the public purposes of the district, to enter into contracts,28
agreements, or cooperative endeavors with the state and its political29
subdivisions or political corporations and with any public or private association,30 SB NO. 730 ENROLLED
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corporation, business entity, or individual.1
(5) To appoint officers, agents, and employees, prescribe their duties, and2
fix their compensation.3
(6) To acquire by gift, grant, purchase, lease, or otherwise such property4
as may be necessary or desirable for carrying out the objectives and purposes5
of the district and to mortgage and sell such property.6
(7)(a) In its own name and on its own behalf, to incur debt and to issue7
bonds, notes, certificates, and other evidences of indebtedness. For this purpose8
the district shall be deemed and considered to be a public entity and shall, to the9
extent not in conflict with this Section, have the authority and powers with10
respect to indebtedness provided for in Chapters 13, 13-A, 14, 14-A, 14-B, 15-A11
and 18 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, and12
any other provisions of law providing authority to political subdivisions with13
respect to issuing indebtedness which is not in conflict with this Section.14
(b) Except for the approval of the State Bond Commission as may be15
provided for in law, no other approval shall be required for the issuance of16
indebtedness of the district.17
(c) For a period of thirty days from the date of publication of any18
resolution authorizing the issuance of bonds or other indebtedness of the19
district, any persons in interest shall have the right to contest the legality of the20
resolution and the legality of the bond issue for any cause, after which time no21
one shall have any cause or right of action to contest the legality of such22
resolution or of the bonds authorized thereby for any cause whatsoever. If no23
suit, action, or proceeding is begun contesting the validity of the bond issue24
within the thirty days prescribed in this Subparagraph, the authority to issue25
the bonds and to provide for the payment thereof, and the legality thereof and26
all of the provisions of the resolution authorizing the issuance of the bonds shall27
be conclusively presumed, and no court shall have authority to inquire into such28
matters.29
(8) To borrow money and pledge all or part of its taxes, fees, or other30 SB NO. 730 ENROLLED
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revenues as security for debt incurred and for furtherance of the purposes of1
the district.2
(9) To establish such funds or accounts as are necessary for the conduct3
of the affairs of the district.4
(10) To enter onto private property where necessary to perform its duties5
as provided for in this Section.6
(11) To do all things reasonably necessary to accomplish the purposes of7
the district, except that, notwithstanding any other law to the contrary, neither8
the board nor the district shall have the power of expropriation.9
E.(1) For the purposes set forth in this Section, the board of10
commissioners is hereby granted the authority pursuant to Article VI, Sections11
19, 30, and 36 of the Constitution of Louisiana to levy and collect by resolution12
or ordinance adopted by a favorable vote of at least two-thirds of the total13
number of commissioners, which shall include the favorable vote of both of the14
commissioners appointed by the public utilities which own land or property or15
possess servitudes within the district, a combination of the following taxes:16
(a) An ad valorem tax of up to three hundred eleven mills within the17
district.18
(b) An annual tax to be imposed on a per acre basis on land within the19
district not to exceed thirty dollars per acre levied on cropland as defined by the20
Farm Service Agency of the United States Department of Agriculture and seven21
dollars per acre levied on all other land.22
(2)(a) Such combination of taxes shall be levied only after the following:23
(i) The board of commissioners of the district has adopted an24
appropriate resolution giving notice of its intention to levy such taxes, which25
resolution shall include a general description of the taxes to be levied, and notice26
of this intention shall be published once a week for two weeks in the official27
journal of the parish governing authority, the first publication to appear at least28
fourteen days before the public meeting of the board of commissioners at which29
the board will meet in open and public session to hear any objections to the30 SB NO. 730 ENROLLED
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proposed levy of the tax. The notice of intent so published shall state the date,1
time, and place of the public hearing.2
(ii) At the public meeting held pursuant to this Subparagraph, the3
commission shall establish a mail ballot referendum on the imposition of the4
proposed tax whereby landowners within the district may inform the board of5
their approval or disapproval of such proposed tax. The mail ballot referendum6
shall include the following:7
(aa) A procedure whereby the landowners within the district shall be8
mailed to the last known address of such landowners as listed on the ad valorem9
tax assessment rolls of the parish the mail ballot provided for in Subitem (bb)10
of this Item and written notice of the following:11
(I) The rate and term of the taxes proposed to be levied.12
(II) The purposes of such levy.13
(III) The time period during which the mail balloting shall occur, which14
shall in no case be less than thirty days, with the stipulation that no mail ballots15
will be accepted that are postmarked after the last day of such time period.16
(IV) The address to which the ballots are to be mailed.17
(bb) The form of the mail ballot wherein the landowner shall express his18
approval or disapproval of the rate and term of the tax. If the landowner is not19
an individual, the voter shall provide written documentation of his authority to20
vote on behalf of the entity that is the landowner.21
(iii) The commission shall not levy any tax pursuant to this Section unless22
seventy-five percent of the landowners in the district participating in the mail23
ballot approve the rate and term of the tax.24
(iv) For purposes of this Paragraph, "landowner" means the following:25
(I) The individual or individuals who own land in the district.26
(II) A duly authorized representative of any entity that owns land in the27
district.28
(b) The powers and rights conferred by this Subsection shall be in29
addition to the powers and rights conferred by any other law. This Subsection,30 SB NO. 730 ENROLLED
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and any provisions of this Section not inconsistent therewith, does and shall be1
construed to provide a complete and additional method for the levy of the tax.2
No election, proceeding, notice, or approval shall be required for the levy of3
such tax except as provided in this Subsection.4
F. The provisions of R.S. 38:225(A), (B), (D)(1), and (E) shall apply to5
the Wilson Point Levee System in the Bunches Bend area and the Bunches Bend6
Protection District shall have the authority provided to levee districts in such7
provisions of law.8
G. The property of the district acquired or held for the purposes of this9
Section is to be used for an essential public and governmental purpose and such10
property shall be exempt from all taxes of the state or any of its local11
governmental or political subdivisions. However such exemption shall12
terminate when the district sells or otherwise disposes of the property to any13
purchaser or transferee not a public body.14
H. Liberal construction. This Section shall be liberally construed to15
effect the purposes of the Section.16
Section 2. The chief executive of the governing authority of East Carroll Parish shall17
call and designate the location of the first meeting of the board of commissioners of the18
district at a place to be named by him no later than July 31, 2012. He shall chair the meeting19
until the president thereof is elected at such meeting.20
Section 3. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: