HLS 14RS-67 ORIGINAL Page 1 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 1019 BY REPRESENTATIVE GAROFALO DISTRICTS/ECONOMIC DEVEL: Creates the St. Bernard Parish Economic Development Commisson AN ACT1 To enact Subpart B-31 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes2 of 1950, to be comprised of R.S. 33:130.591.1 through 130.591.9, to create the3 St. Bernard Parish Economic Development Commission; to provide relative to the4 territorial jurisdiction, purposes, and powers and duties of the commission; to5 provide relative to commission funding, including the authority to levy ad valorem6 taxes; and to provide for related matters.7 Notice of intention to introduce this Act has been published8 as provided by Article III, Section 13 of the Constitution of9 Louisiana.10 Be it enacted by the Legislature of Louisiana:11 Section 1. Subpart B-31 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised12 Statues of 1950, comprised of R.S. 33:130.591.1 through 130.591.9, is hereby enacted to13 read as follows:14 SUBPART B-31. ST. BERNARD PARISH ECONOMIC DEVELOPMENT15 COMMISSION16 §130.591.1. The St. Bernard Parish Economic Development Commission; creation;17 purpose; territorial jurisdiction18 A. The St. Bernard Parish Economic Development Commission, referred to19 in this Subpart as the "commission", is hereby created as a body politic and political20 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 2 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the1 Constitution of Louisiana. Pursuant to Article VI, Sections 19 and 21 of the2 Constitution of Louisiana, the commission, acting through its board of3 commissioners, referred to in this Subpart as the "board", is hereby granted all of the4 rights, powers, privileges, and immunities granted to political subdivisions for5 industrial, commercial, research, and economic development purposes, including but6 not limited to the power of taxation, the power to incur debt and issue revenue and7 general obligation bonds, certificates of indebtedness, bond and certificate8 anticipation notes, and refunding bonds, subject to the limitations provided in this9 Subpart.10 B. The commission is established for the primary object and purpose of11 promoting, encouraging, and participating in industrial development to stimulate the12 economy through commerce, industry, and research and for the utilization and13 development of natural, physical, and human resources of the area by providing job14 opportunities.15 C. The territorial limits of the commission shall be coterminous with the16 boundaries of the parish of St. Bernard.17 §130.591.2. Governance of the commission18 A.(1) The commission shall be governed by the board which shall be19 composed as follows:20 (a) The governing authority of the parish of St. Bernard shall appoint three21 members.22 (b) The legislative delegation for St. Bernard Parish shall appoint two23 members.24 (c) The board of directors of the St. Bernard Parish of Chamber of25 Commerce shall appoint two members.26 (d) The St. Bernard Parish Economic Development Foundation shall appoint27 two members.28 (e) The St. Bernard Kiwanis Foundation shall appoint one member.29 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 3 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (f) The St. Bernard Rotary Club shall appoint one member.1 (g) The Meraux Foundation shall appoint one member.2 (h) The Business and Professional Women's Club shall appoint one member.3 (i) The New Orleans Metropolitan Association of Realtors shall appoint one4 member.5 (j) The president of the parish of St. Bernard or his designee.6 (k) The superintendent of the St. Bernard Parish school board or his7 designee.8 (l) The executive director of the St. Bernard Parish Chamber of Commerce9 or his designee10 (m) The director of the St. Bernard Port, Harbor & Terminal District or his11 designee.12 (n) The chancellor of Nunez Community College or his designee.13 (2)(a) Members serving pursuant to Subparagraphs (1)(b) through (i) of this14 Subsection shall serve three years after serving initial terms as provided in this15 Subparagraph. Three members shall serve an initial term of one year; four shall16 serve two years; and four shall serve three years; as determined by lot at the first17 meeting of the board.18 (b) Members serving pursuant to Subparagraph (1)(a) of this Subsection19 shall serve terms concurrent with the term of the appointing authority.20 (c) Members serving pursuant to Subparagraphs (1)(j) through (n) shall serve21 during their terms of office.22 (d) Any designee serving on the board shall serve at the pleasure of the23 designating authority.24 (e) All appointees and designees shall be residents and qualified voters of the25 parish of St. Bernard.26 B. The board may adopt bylaws or such other rules and regulations as it27 deems necessary for conducting its business affairs. The board may appoint and28 retain all employees it deems advisable and fix the powers, duties, and compensation29 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 4 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. of such employees. The board shall hold regular meetings and may hold special1 meetings as shall be provided in the bylaws.2 C. The board shall elect from among its own members a president, a vice3 president, a secretary, and a treasurer, whose duties shall be those usual to such4 offices. At the option of the board, the offices of secretary and treasurer may be held5 by one person.6 D. Board members shall serve without compensation; however, the board7 may reimburse any member for expenses actually incurred in the performance of8 duties on behalf of the commission.9 E. Any member of the board may be removed with or without cause by the10 respective appointing or designating authority.11 F. A majority of the members of the board shall constitute a quorum for the12 conduct of business.13 G. The board shall maintain suitable offices in the parish of St. Bernard14 H. Members of the board, individually, and members of their immediate15 families are prohibited from bidding on or entering into any contract, subcontract,16 or other transaction that is under the supervision or jurisdiction of the commission.17 §130.591.3. Powers of the commission18 A. The commission, acting by and through its board, shall have and exercise19 all powers of a political subdivision necessary or convenient for the carrying out of20 its objects and purposes, including but not limited to the following rights and powers:21 (1) To sue and be sued.22 (2) To adopt, use, and alter at will a corporate seal.23 (3) To acquire by donation, grant, purchase, lease, or otherwise, all property,24 including servitudes or rights of use; to hold and use any franchise or property,25 immovable or movable, corporeal or incorporeal, or any interest therein, necessary26 or desirable for carrying out the objects and purposes of the commission, including27 but not limited to the establishment, maintenance, and operation of industrial parks.28 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 5 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (4) To receive by grant, donation, or otherwise any sum of money, or1 property, aid, or assistance from the United States, the state of Louisiana, or any2 political subdivision thereof, or any person, firm, or corporation.3 (5) To enter into contracts for the purchase, acquisition, construction,4 maintenance, and improvement of works and facilities necessary in connection with5 the purposes of the commission.6 (6) In its own name and on its own behalf to incur debt and to issue general7 obligation bonds, revenue bonds, certificates, notes, and other evidences of8 indebtedness and to levy and cause to be collected ad valorem taxes as provided in9 this Subpart and as may be provided by general law.10 (7) To require and issue licenses with respect to its properties and facilities.11 (8) To regulate the imposition of fees and rentals charged by the commission12 for its facilities and for services rendered by it.13 (9) To mortgage properties constructed or acquired and to borrow money and14 pledge all or part of its revenues, leases, rents, or other advantages as security for15 such loans.16 (10) To sell immovable property owned by the commission after legal notice17 as provided by law for the judicial sale of immovable property.18 (11) To contract, upon such terms as it may agree upon, for legal, financial,19 engineering, and other professional services necessary or expedient in the conduct20 of its affairs.21 (12) To utilize the services of the executive departments of the state upon22 mutually agreeable terms and conditions.23 (13) To do any and all things necessary or proper for the government,24 regulation, development, and control of the business of the commission.25 B. The commission shall not be considered to be an instrumentality of the26 state for purposes of Article X, Section 1 of the Constitution of Louisiana.27 §130.591.4. Commercial and industrial development28 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 6 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. A.(1) In order to promote commerce and industry and develop trade by1 inducing manufacturing, industrial, commercial and other enterprises to locate within2 the jurisdiction of the commission, and to attract and retain business and commercial3 enterprises within the jurisdiction of the commission to maintain employment and4 the economy of the area, the commission shall have authority to plan, finance,5 develop, acquire, own, construct, repair, renovate and improve commercial and6 industrial parks and plant buildings within the jurisdiction of the commission,7 including sites and other necessary property or appurtenances thereto, and to acquire,8 construct, develop, improve, operate, maintain, and provide improvements and9 services necessary therefor, including but not limited to roads, streets, lighting,10 bridges, rail facilities, drainage, sewers, sewerage disposal facilities, plant solid11 waste disposal facilities, water works, and other utilities and related properties.12 (2)(a) The commission shall also have the authority to sell, lease, or13 otherwise dispose of, by suitable and appropriate contract, to any enterprise locating14 or existing within the jurisdiction of the commission all or any part of a site,15 building, or other property owned by the commission.16 (b) In determining the consideration for any contract to lease, sell, or17 otherwise dispose of lands, buildings, or other property of the commission, the board18 may take into consideration the value of the lands, buildings, or other properties19 involved as well as the potential value of the economic impact of the enterprise being20 induced to locate or expand within the jurisdiction of the commission. Such21 economic impact shall include increased employment, increased use of local labor,22 wages and salaries to be paid, consumption of local materials, products, and23 resources, and special tax revenue to be generated by the enterprise acquiring or24 leasing lands, buildings, or other property from the commission. In no event,25 however, and under no circumstances shall the board dispose of any property of the26 commission for less than the fair market value of the property as defined in R.S.27 47:2321 without the prior approval of the State Bond Commission.28 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 7 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (c) The commission shall be empowered to enter into leases having a term,1 including all renewal terms, not to exceed fifty years in the aggregate; provided that2 there shall be a provision for periodic adjustments of the rental rate, commensurate3 with economic conditions, during the fifty-year term.4 (3)(a) The resolution or ordinance adopted by the board authorizing any5 lease, sale, or other disposition of lands, buildings, or other property of the6 commission or any attachment thereto shall set forth, in a general way, the terms of7 the authorized lease, sale, or other disposition, and such resolution or ordinance shall8 be published as soon as possible in one issue of the official journal of the9 commission.10 (b) For a period of thirty days from the date of publication of any such11 resolution or ordinance, any interested person may contest the legality of such12 resolution or ordinance or the validity of the authorized lease, sale, or other13 disposition of commission property, after which time no one shall have any cause of14 action to contest the legality of the authorized lease, sale, or other disposition of15 commission property for any cause whatsoever, and it shall be conclusively16 presumed thereafter that every legal requirement has been complied with and no17 court shall have authority to inquire into such matters after the lapse of thirty days.18 B. The commission shall have the following additional powers, together with19 all powers incidental thereto or necessary to carry out the provisions of this20 Subsection:21 (1) To acquire, whether by purchase, exchange, donation, lease, or otherwise,22 and to construct and improve, maintain, equip, and furnish one or more economic23 development projects, including all immovable and movable properties which the24 board may deem necessary in connection therewith.25 (2) To lease or to contract for the use of any or all of its authorized projects26 and to charge and collect rent, fees, or charges therefor, and to terminate any such27 lease or contractual arrangement upon the failure of the obligations thereof, all as28 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 8 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. may be provided for in the lease agreement to which the commission may become1 a party.2 (3) To sell, exchange, donate, and convey any or all of its projects upon such3 terms and conditions as the board may deem advisable, including the power to4 receive for any such sale the first mortgage note or notes of the purchaser of a project5 representing unpaid installments of the purchase price due by the purchaser to the6 commission whenever the board finds any such actions to be in furtherance of the7 purpose for which the commission was organized.8 (4) As security for the payment of the principal of and interest on any bonds,9 notes, or other obligations of the commission, and any agreements made in10 connection therewith, to mortgage and pledge any or all of its projects or any part or11 parts thereof, whether then owned or thereafter acquired, and to pledge the revenues12 and receipts therefrom or from any other source.13 (5)(a) To enter into any cooperative financing of an economic development14 project between or among the commission and the state of Louisiana, any of its15 political subdivisions or public benefit corporations, the United States or its agencies,16 or any public or private association, corporation, or individual. The methods of17 financing shall include loan guarantees, land write-downs, grants, lease guarantees,18 or any form of financial subsidy or incentive that complies with the provisions of19 Article VII, Section 14 of the Constitution of Louisiana.20 (b) To enter into any cooperative development between or among the21 commission and the state of Louisiana, any of its political subdivisions or public22 benefit corporations, the United States or its agencies, or any public or private23 association, corporation, or individual. The methods of cooperative development24 shall include but not be limited to any number of joint development agreements such25 as condominiums and cooperative ownership, limited partnerships, and investment26 syndicates not prohibited by the Constitution of Louisiana. Regardless of the method27 of financing, the commission shall attempt to obtain the most favorable security28 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 9 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. available in order to protect and ensure recovery of sums loaned or paid pursuant to1 such financing.2 (c) "Cooperative endeavor" means any form of economic development3 assistance between or among the commission and the state, any of its local4 governmental subdivisions, political corporations or public benefit corporations, the5 United States or its agencies, or any public or private association, corporation, or6 individual. The term "cooperative endeavor" shall include but not be limited to7 cooperative financing, cooperative development, or any other form of cooperative8 economic development activity.9 §130.591.5. Funding sources; fees and ad valorem tax; borrowing money10 A. The board may, when necessary, levy annually an ad valorem tax not to11 exceed five mills on the dollar of assessed valuation of all property within its12 territorial limits if the amount, term, and purpose of the tax, as set out in a13 proposition submitted to a vote in accordance with the Louisiana Election Code, is14 approved by a majority of the qualified electors within the jurisdiction of the15 commission voting in an election held for that purpose.16 B. All funds derived under this Section may be used for any expenses or17 purposes of the commission. The board shall establish and maintain, in addition to18 all necessary and normal accounts, the following special accounts:19 (1) A revolving loan guarantee fund, to be used to guarantee industrial or20 business terminal development loans to the extent permitted by the Constitution of21 Louisiana under the following guidelines:22 (a) Loan guarantees shall be made only when adequate financing for the23 project is unavailable through normal lending channels and the project represents a24 sound business venture that is financially and economically feasible.25 (b) Loan guarantees shall be used to assist an identifiable business concern26 to finance plant construction, conversion, or expansion and to finance acquisition of27 land, existing structures, machinery, or equipment and to provide operational funds.28 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 10 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (c) The terms and rates shall be compatible with loans offered by local1 lending institutions and the guarantee shall never exceed forty percent of the cost of2 the total project. In addition, the commission shall attempt to obtain the most3 favorable security available under the circumstances to protect and ensure the4 recovery of its commitment under the guarantee.5 (d) Loan guarantees may be evaluated for the economic impact in terms of6 the number and types of jobs created or saved.7 (e) Loan guarantees shall be made to leverage other sources of private and8 public capital to attain the greatest economic impact possible with the limited funds9 available.10 (f) Loan guarantees shall be targeted to export industries, manufacturing11 firms, wholesale distribution firms, and service firms.12 (g) The lending or underwriting principals shall have such demonstrated13 experience, ability, and net worth as would allow for the success, continuation,14 security, and solvency of the program. Prudent lending and underwriting standards15 shall be applied in order to comply with the primary objectives of this Subpart.16 (2) An economic development operational fund, for the development and17 attraction of industries to accomplish the following:18 (a) The operational fund shall be used for operating expenses necessary in19 creation of industrial and commercial development, in hiring sufficient staff to20 accomplish the purposes set out in this Subpart, and other related expenses.21 (b) The operational fund may also be utilized in contracting for services as22 may be required by the board, including but not limited to planning assistance,23 surveys, land use studies, professional and technical services, and other services24 necessary to effectuate a unified industrial development plan.25 (3) An account for the maintenance and operation of a governmental26 procurement center to provide necessary information to companies and individuals27 engaged in providing services and goods to accomplish the following:28 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 11 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (a) Pinpoint and identify potential buying centers and aid in placing the1 company on a bidder's list for these centers and assist companies in obtaining2 specifications for their products or services.3 (b) Provide trained counselors to assist in acquiring solicitation and bid4 packages and conduct seminars designed to disseminate other information needed5 by the target companies and individuals.6 §130.591.6. Obligations of the commission7 A. The commission may incur debt for any one or more of its lawful8 purposes set forth in this Subpart, to issue in its name negotiable bonds, notes,9 certificates of indebtedness, or other evidences of debt and to provide for the security10 and payment thereof.11 B.(1) The commission may in its own name and behalf incur debt and issue12 general obligation ad valorem property tax secured bonds under the authority of and13 subject to the provisions of Article VI, Section 33 of the Constitution of Louisiana,14 Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised15 Statutes of 1950, when approved by a majority of the qualified voters within the16 jurisdiction of the commission who vote in an election called and conducted under17 the authority of the Louisiana Election Code, including Chapter 6-A of Title 18 of18 the Louisiana Revised Statutes of 1950. General obligation bonds of the commission19 may be issued for any of the purposes for which the commission is created or is20 authorized to act under any provisions of this Subpart, all of which purposes are21 hereby found and declared to be public purposes and functions of the state of22 Louisiana, which are delegated to the commission.23 (2) The commission may in its own name and behalf issue revenue bonds for24 the purposes for which the commission is created or is authorized to act under any25 of the provisions of this Subpart, including industrial and commercial development26 revenue bonds. The bonds shall be issued in the manner as provided for in Part XII27 and Part XIII of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes28 of 1950.29 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 12 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) The commission may in its own name and behalf borrow from time to1 time in the form of certificates of indebtedness. The certificates shall be secured by2 the dedication and pledge of monies of the commission derived from any lawful3 sources, including fees, occupational license revenues, building permit charges4 dedicated to the commission, lease rentals, service charges, local service agreement5 payments from one or more other contracting parties, the avails of ad valorem6 property taxation, or any combination of such sources of income, provided that the7 term of such certificates shall not exceed ten years and the annual debt service on the8 amount borrowed shall not exceed the anticipated revenues to be dedicated and9 pledged to the payment of the certificates of indebtedness, as shall be estimated by10 the board at the time of the adoption of the resolution authorizing the issuance of11 such certificates. The estimate of the board referred to in the authorizing resolution12 shall be conclusive for all purposes of this Section.13 (4) The commission may borrow the amount of the anticipated ad valorem14 tax, not to exceed five mills, authorized by R.S. 33:130.591.5, for a period not to15 exceed ten years and may issue certificates of indebtedness therefor and may16 dedicate the avails of the tax funded for the payment thereof for the period of time17 the certificates are outstanding.18 (5) The board may adopt all necessary resolutions or ordinances necessary19 for ordering, holding, canvassing, and promulgating the returns of any election20 required for the issuance of general obligation bonds, or limited tax secured21 obligations, or for the voting of a property tax millage, which resolutions or22 ordinances may include covenants for the security and payment of any bonds or23 other evidence of debt so issued.24 (6) For a period of thirty days from the date of publication of any resolution25 or ordinance authorizing the issuance of any bonds, certificates of indebtedness,26 notes, or other evidence of debt of the commission, any interested person may27 contest the legality of such resolution or ordinance and the validity of such bonds,28 certificates of indebtedness, notes or other evidence of debt issued or proposed to be29 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 13 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. issued thereunder and the security of their payment, after which time no one shall1 have any cause of action to contest the legality of the resolution or ordinance or to2 draw in question the legality of the bonds, certificates of indebtedness, notes, or other3 evidence of debt, the security therefor, or the debts represented thereby for any cause4 whatever, and it shall be conclusively presumed that every legal requirement has5 been complied with, and no court shall have authority to inquire into such matters6 after the lapse of thirty days.7 (7) The issuance and sale of such bonds, certificates of indebtedness, notes,8 or other evidence of debt by the commission shall be subject to approval by the State9 Bond Commission.10 (8) Such bonds, certificates of indebtedness, notes, or other evidence of debt11 shall have all the qualities of negotiable instruments under the commercial laws of12 the state of Louisiana.13 §130.591.7. Securities14 Bonds, certificates, or other evidences of indebtedness issued by the15 commission under this Subpart are deemed to be securities of public entities within16 the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised Statutes17 of 1950, and shall be subject to defeasance in accordance with the provisions of18 Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, and may be19 refunded in accordance with the provisions of Chapters 14-A and 15 of Title 39 of20 the Louisiana Revised Statutes of 1950, and may also be issued as short-term21 revenue notes of a public entity under Chapter 15-A of Title 39 of the Louisiana22 Revised Statutes of 1950.23 §130.591.8. Exemption from taxation24 The commission and all properties at any time owned by the commission and25 the income therefrom and all bonds, certificates, and other evidences of indebtedness26 issued by the commission under this Subpart and the interest or income therefrom27 shall be exempt from all taxation by the state of Louisiana.28 §130.591.9. General compliances; enhancement; budget29 HLS 14RS-67 ORIGINAL HB NO. 1019 Page 14 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. A. No provision of this Subpart shall be construed so as to exempt the1 commission from compliance with the provisions of Louisiana laws pertaining to2 open meetings, public records, fiscal agents, official journals, dual officeholding and3 employment, public bidding for the purchase of supplies and materials and4 construction of public works, the code of Governmental Ethics, the Right to Property5 in Article I, Section 4 of the Constitution of Louisiana, and the Louisiana Election6 Code.7 B. The commission shall have the power and right to adopt a program or8 programs awarding contracts to, and establishing set-aside goals and preference9 procedures for the benefit of, businesses owned and operated by socially or10 economically disadvantaged persons in accordance with any of the provisions of R.S.11 38:2233 and of Chapter 19 of Title 39 of the Louisiana Revised Statutes of 1950,12 entitled "Louisiana Minority and Women's Business Enterprise Act".13 C. The board shall annually prepare a financial statement which shall be14 presented to the legislative auditor pursuant to the provisions of R.S. 24:513. The15 legislative auditor shall thereafter publish his findings in the official journal of the16 commission.17 Section 2. This Act shall become effective upon signature by the governor or, if not18 signed by the governor, upon expiration of the time for bills to become law without signature19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20 vetoed by the governor and subsequently approved by the legislature, this Act shall become21 effective on the day following such approval.22 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Garofalo HB No. 1019 Abstract: Creates and provides for the St. Bernard Parish Economic Development Commission. Provides relative to the governance, powers, duties, and funding of the commission. HLS 14RS-67 ORIGINAL HB NO. 1019 Page 15 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law creates the St. Bernard Parish Economic Development Commission for the primary object and purpose of promoting and encouraging industrial development to stimulate the economy through commerce, industry, and research and for the utilization and development of natural and human resources of the area by providing job opportunities. Provides for territorial jurisdiction of the commission throughout the parish. Pursuant to constitutional authority, grants the commission all rights and powers of political subdivisions for economic development purposes. Proposed law provides that the commission is governed by a board of commissioners comprised of 19 members as follows: (1)Three members appointed by the governing authority of the parish of St. Bernard. (2)Two members appointed by the legislative delegation for St. Bernard Parish. (3)Two members appointed by the board of directors of the St. Bernard Parish of Chamber of Commerce. (4)Two members appointed by the St. Bernard Parish Economic Development Foundation. (5)One member appointed by the St. Bernard Kiwanis Foundation. (6)One member appointed by the St. Bernard Rotary Club. (7)One member appointed by the Meraux Foundation. (8)One member appointed by the Business and Professional Women's Club. (9)One member appointed by the New Orleans Metropolitan Association of Realtors. (10)The president of the parish of St. Bernard, the superintendent of the St. Bernard Parish school board, the executive director of the St. Bernard Parish Chamber of Commerce, the director of the St. Bernard Port, Harbor & Terminal District, the chancellor of Nunez Community College, or their respective designees. Provides that board members serve without compensation, but may be reimbursed actual expenses. Permits removal of a member for cause upon favorable vote of 2/3 of the members of the parish governing authority. Proposed law authorizes the commission to exercise all powers of a political subdivision necessary or convenient for the carrying out of its objects and purposes, including but not limited to the following: (1)To sue and be sued. (2)To adopt, use, and alter at will a corporate seal. (3)To acquire by donation, grant, purchase, lease, or otherwise, all property, including servitudes or rights of use and to hold and use any franchise or property necessary or desirable for carrying out the objects and purposes of the commission, including but not limited to the establishment, maintenance, and operation of industrial parks. (4)To receive by grant, donation, or otherwise any sum of money, or property, aid, or assistance from the U.S., the state, or any political subdivision thereof, or any person, firm, or corporation. HLS 14RS-67 ORIGINAL HB NO. 1019 Page 16 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (5)To enter into contracts for the purchase, acquisition, construction, maintenance, and improvement of works and facilities necessary in connection with the purposes of the commission. (6)In its own name and on its own behalf to incur debt and to issue general obligation bonds, revenue bonds, certificates, notes, and other evidences of indebtedness and to levy and cause to be collected ad valorem taxes as provided in proposed law and general law. (7)To require and issue licenses with respect to its properties and facilities. (8)To regulate fees and rentals for facilities and services. (9)To mortgage property and borrow money and pledges to secure loans. (10)To sell immovable property after notice required by law. Proposed law provides that the commission shall not be deemed to be an instrumentality of the state for purposes of the state civil service provisions of the state constitution. Proposed law authorizes the commission to construct and acquire industrial parks and industrial plant buildings. Also authorizes the commission to acquire, construct, improve, operate, and maintain improvements and services necessary therefor. Proposed law authorizes the commission to sell, lease, or otherwise dispose of, by suitable and appropriate contract, to any enterprise locating or existing within the jurisdiction of the commission all or any part of a site, building, or other property owned by the commission. In determining the consideration for sale of property, authorizes the board to consider its value and the potential economic impact. Prohibits the board from disposing of any property of the commission for less than the fair market value without the prior approval of the State Bond Commission. Proposed law authorizes the commission to enter into leases having a term, including all renewal terms, not to exceed 50 years in the aggregate, with provision for rate adjustments. Requires that the resolution or ordinance authorizing any lease, sale, or other disposition of property to set forth, in a general way, the terms of the disposition. Requires publication of any such resolution or ordinance in the official journal of the commission. Provides for a 30-day period to contest any such resolution or ordinance. Proposed law provides that the commission shall have the following additional powers and powers incidental thereto: (1)To acquire and to construct and improve, maintain, equip, and furnish economic development projects. (2)To lease or to contract for the use of any or all of its authorized projects and to charge and collect rent, fees, or charges therefor. (3)To sell, exchange, donate, and convey any or all of its projects. (4)To mortgage and pledge any or all of its projects and to pledge the revenues and receipts therefrom or from any other source. (5)To enter into any cooperative financing of an economic development project or cooperative development. Proposed law authorizes the board, subject to voter approval, to levy annually an ad valorem HLS 14RS-67 ORIGINAL HB NO. 1019 Page 17 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. tax not to exceed five mills. Provides that all funds from the tax may be used for any expenses or purposes of the commission. Proposed law provides for special accounts to be maintained by the board: (1)A revolving loan guarantee fund. Provides for loan guarantees to be made by the commission. (2)An economic development operation fund. Provides for its users. (3)An account for operation of a governmental procurement center. Provides relative to the center. Proposed law authorizes the commission, subject to voter approval, to incur debt and issue general obligation ad valorem property tax secured bonds for any commission purpose. Authorizes the commission to issue revenue bonds for commission purposes. Further authorizes the commission to borrow from time to time in the form of certificates of indebtedness. Requires that such certificates be secured by the dedication and pledge of monies of the commission derived from any lawful sources, provided that the term of such certificates shall not exceed 10 years. Provides that the annual debt service on the amount borrowed shall not exceed the anticipated revenues to be dedicated and pledged to the payment of the certificates of indebtedness, as shall be estimated by the board. Authorizes the commission to borrow the amount of the anticipated ad valorem tax, not to exceed five mills for a period not to exceed 10 years and to issue certificates of indebtedness therefor and dedicate the avails of the tax funded for the payment thereof for the period of time the certificates are outstanding. Proposed law exempts the commission, its properties, and income therefrom, and its bonds and interest and income therefrom from state taxation. Proposed law provides that proposed law shall not be construed to exempt the commission from compliance with La. laws pertaining to open meetings, public records, fiscal agents, official journals, dual officeholding and employment, public bidding for the purchase of supplies and materials and construction of public works, the Code of Governmental Ethics, the Right to Property in Const. Art. I, §4, and the La. Election Code. Proposed law grants the commission the power and right to adopt a program(s) awarding contracts to, and establishing set-aside goals and preference procedures for the benefit of, businesses owned and operated by socially or economically disadvantaged persons in accordance with present law (R.S. 38:2233 and the La. Minority and Women's Business Enterprise Act). Requires that the commission present a financial statement to the legislative auditor pursuant to present law (R.S. 24:513). Effective upon signature of governor or lapse of time for gubernatorial action. (Adds R.S. 33:130.591.1-130.591.9)