Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB20 Introduced / Bill

                    SLS 13RS-226	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 20
BY SENATOR ALLAIN 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LOCAL FINANCE. Provides certain requirements for meetings at which consideration of
or action upon proposals by political subdivisions to levy, increase, renew, or continue
property or sales taxes, or authorize the calling of an election for submittal of such question
to voters are scheduled. (8/1/13)
AN ACT1
To amend and reenact R.S. 42:19 and to enact R.S. 42:19.1, relative to political2
subdivisions; to provide publication and other requirements prior to consideration3
of and action upon certain matters at meetings of political subdivisions; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 42:19 is hereby amended and reenacted and R.S. 42:19.1 is hereby7
enacted to read as follows:8
§19. Notice of meetings9
A.(1) *          *          *10
(b)(i) Except as provided for in R.S. 42:19.1, Aall public bodies, except the11
legislature and its committees and subcommittees, shall give written public notice12
of any regular, special, or rescheduled meeting no later than twenty-four hours before13
the meeting.14
*          *          *15
§19.1. Procedure for the levy, increase, renewal, or continuation of a tax or for16
authorizing the issuance of bonds, or calling an election for such17 SB NO. 20
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
purposes by political subdivisions1
A.(1) In addition to any other requirements provided for in R.S. 42:192
or other provisions of law, public notice of the date, time, and place of any3
meeting at which any political subdivision as defined in Article VI, Section 44(2)4
of the Constitution of Louisiana intends to levy, increase, renew, or continue any5
ad valorem property tax or sales and use tax or authorize the calling of an6
election for submittal of such question to the voters of the political subdivision7
shall be both published in the official journal of the political subdivision no8
more than sixty days nor less than thirty days before such public meeting and9
shall be announced to the public during the course of a public meeting of such10
political subdivision no more than sixty days nor less than thirty days before11
such public meeting.12
(2)(a) In the event of cancellation or postponement of a meeting at which13
consideration of or action upon a proposal to levy, increase, renew, or continue14
any ad valorem or sales and use tax or authorize the calling of an election for15
submittal of such questions to the voters of the political subdivision was16
scheduled, notice of the date, time, and place of any subsequent meeting to17
consider such proposal shall be published in the official journal of the political18
subdivision no less than ten days before such subsequent meeting.19
(b) However, in the event that consideration of or action upon any such20
proposal was postponed at the scheduled meeting, or any such proposal was21
considered at the scheduled meeting without action or vote, then any subsequent22
meeting to consider such proposal shall be subject to the requirements of23
Subparagraph (a) of this Paragraph unless the date, time, and place of a24
subsequent meeting for consideration of such proposal is announced to the25
public during the course of such meeting.26
B. The provisions of this Section shall not apply to any consideration of27
or action upon a proposal to levy additional or increased ad valorem property28
tax millages on property without voter approval to which the provisions of R.S.29 SB NO. 20
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
47:1705(B)(2)(c) and (d) apply.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Present law requires all public bodies, except the legislature and its committees and
subcommittees, to give written public notice of any regular, special, or rescheduled meeting
no later than 24 hours before the meeting.
Present constitution defines "political subdivision" as a parish, municipality, and any other
unit of local government, including a school board and a special district, which is authorized
by law to perform governmental functions. 
Proposed law, in addition to other requirements of the Open Meetings Law, requires public
notice of the date, time, and place and of any meeting at which any political subdivision as
defined in Const. Art. VI, Sec. 44(2) (above) intends to consider or take action to (1) levy,
increase, renew, or continue any ad valorem property tax or sales and use tax or (2) authorize
the calling of an election for submittal of such question to the voters of the political
subdivision, to be both published in the official journal of the political subdivision no more
than 60 days nor less than 30 days before the public hearing and to be announced to the
public during the course of a public meeting of such political subdivision during that time
period.
Proposed law provides that in the event of cancellation or postponement of such a meeting,
notice of any subsequent meeting to consider such proposal must be published in the official
journal of the political subdivision no less than 10 days before the subsequent meeting.
However, in the event that consideration of or action upon the proposal was postponed at the
scheduled meeting, or the proposal was considered at the scheduled meeting without action
or vote, then any subsequent meeting to consider the proposal must be published 10 days
before the subsequent meeting unless the date, time, and place of the subsequent meeting for
consideration of the proposal is announced to the public during the course of such meeting.
Present law imposes certain publication requirements on ad valorem property tax recipient
bodies which hold public hearings for the purpose of levying additional or increased
property tax millages on property without further voter approval. 
Proposed law excludes such public meetings from the provisions of the proposed law.
Effective August 1, 2013.
(Amends R.S. 42:19; adds R.S. 42:19.1)