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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(A)(1)(b)(i) 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(A)(1)(b)(i) is hereby amended and reenacted and R.S. 42:19.17
is hereby 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
calling an election for such purposes by political subdivisions17 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.
A.(1) In addition to any other requirements provided for in R.S. 42:191
or other provisions of law, public notice of the date, time, and place of any2
meeting at which a political subdivision as defined in Article VI, Section 44(2)3
of the Constitution of Louisiana intends to levy, increase, renew, or continue any4
ad valorem property tax or sales and use tax or authorize the calling of an5
election for submittal of such question to the voters of the political subdivision6
shall be both published in the official journal of the political subdivision no7
more than sixty days nor less than thirty days before such public meeting and8
shall be announced to the public during the course of a public meeting of such9
political subdivision no more than sixty days nor less than thirty days before10
such public meeting.11
(2)(a) In the event of cancellation or postponement of a meeting at which12
consideration of or action upon a proposal to levy, increase, renew, or continue13
any ad valorem or sales and use tax or authorize the calling of an election for14
submittal of such questions to the voters of the political subdivision was15
scheduled, notice of the date, time, and place of any subsequent meeting to16
consider such proposal shall be published in the official journal of the political17
subdivision no less than ten days before such subsequent meeting.18
(b) However, in the event that consideration of or action upon any such19
proposal was postponed at the scheduled meeting, or any such proposal was20
considered at the scheduled meeting without action or vote, then any subsequent21
meeting to consider such proposal shall be subject to the requirements of22
Subparagraph (a) of this Paragraph unless the date, time, and place of a23
subsequent meeting for consideration of such proposal is announced to the24
public during the course of such meeting.25
B. The provisions of this Section shall not apply to any consideration of26
or action upon a proposal to levy additional or increased ad valorem property27
tax millages on property without voter approval to which the provisions of R.S.28
47:1705(B)(2)(c) and (d) apply.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.
The original instrument was prepared by Riley Boudreaux. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Tim Prather.
DIGEST
Allain (SB 20)
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(A)(1)(b)(i); adds R.S. 42:19.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Technical