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Regular Session, 2014
HOUSE BILL NO. 1019
BY REPRESENTATIVE GAROFALO
DISTRICTS/ECONOMIC DEVEL: Creates the St. Bernard Parish Economic Development
Commission
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
Statutes 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. 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 ENGROSSED
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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 Chamber of Commerce25
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 ENGROSSED
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(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 designee.10
(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
(o) The executive director of the St. Bernard Parish Economic Development14
Foundation.15
(p) Any three of the ten largest employers in the private sector in St. Bernard16
Parish as designated by the St. Bernard Economic Development.17
(2)(a) Members serving pursuant to Subparagraphs (1)(b) through (i) of this18
Subsection shall serve three years after serving initial terms as provided in this19
Subparagraph. Three members shall serve an initial term of one year; four shall20
serve two years; and four shall serve three years; as determined by lot at the first21
meeting of the board.22
(b) Members serving pursuant to Subparagraph (1)(a) of this Subsection23
shall serve terms concurrent with the term of the appointing authority.24
(c) Members serving pursuant to Subparagraphs (1)(j) through (n) shall serve25
during their terms of office.26
(d) Any designee serving on the board shall serve at the pleasure of the27
designating authority.28 HLS 14RS-67 ENGROSSED
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(e) All appointees and designees shall be residents and qualified voters of the1
parish of St. Bernard.2
B. The board may adopt bylaws or such other rules and regulations as it3
deems necessary for conducting its business affairs. The board may appoint and4
retain all employees it deems advisable and fix the powers, duties, and compensation5
of such employees. The board shall hold regular meetings and may hold special6
meetings as shall be provided in the bylaws.7
C. The board shall elect from among its own members a president, a vice8
president, a secretary, and a treasurer, whose duties shall be those usual to such9
offices. At the option of the board, the offices of secretary and treasurer may be held10
by one person.11
D. Board members shall serve without compensation; however, the board12
may reimburse any member for expenses actually incurred in the performance of13
duties on behalf of the commission.14
E. Any member of the board may be removed with or without cause by the15
respective appointing or designating authority.16
F. A majority of the members of the board shall constitute a quorum for the17
conduct of business.18
G. The board shall maintain suitable offices in the parish of St. Bernard.19
H. Members of the board, individually, and members of their immediate20
families are prohibited from bidding on or entering into any contract, subcontract,21
or other transaction that is under the supervision or jurisdiction of the commission.22
§130.591.3. Powers of the commission23
A. The commission, acting by and through its board, shall have and exercise24
all powers of a political subdivision necessary or convenient for the carrying out of25
its objects and purposes, including but not limited to the following rights and powers:26
(1) To sue and be sued.27
(2) To adopt, use, and alter at will a corporate seal.28 HLS 14RS-67 ENGROSSED
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(3)(a) To acquire by donation, grant, purchase, or lease, all property1
including servitudes or rights of use; to hold and use any franchise or property,2
immovable or movable, corporeal or incorporeal, or any interest therein, necessary3
or desirable for carrying out the objects and purposes of the commission, including4
but not limited to the establishment, maintenance, and operation of industrial parks.5
(b) Nothing in this Paragraph shall be construed to apply to electric6
cooperatives or investor owned public utilities that are regulated by the Louisiana7
Public Service Commission or the city of New Orleans.8
(4) To receive by grant, donation, or otherwise any sum of money, or9
property, aid, or assistance from the United States, the state of Louisiana, or any10
political subdivision thereof, or any person, firm, or corporation.11
(5) To enter into contracts for the purchase, acquisition, construction,12
maintenance, and improvement of works and facilities necessary in connection with13
the purposes of the commission.14
(6) In its own name and on its own behalf to incur debt and to issue general15
obligation bonds, revenue bonds, certificates, notes, and other evidences of16
indebtedness and to levy and cause to be collected ad valorem taxes as provided in17
this Subpart and as may be provided by general law.18
(7) To require and issue licenses with respect to its properties and facilities.19
(8) To regulate the imposition of fees and rentals charged by the commission20
for its facilities and for services rendered by it.21
(9) To mortgage properties constructed or acquired and to borrow money and22
pledge all or part of its revenues, leases, rents, or other advantages as security for23
such loans.24
(10) To sell immovable property owned by the commission after legal notice25
as provided by law for the judicial sale of immovable property.26
(11) To contract, upon such terms as it may agree upon, for legal, financial,27
engineering, and other professional services necessary or expedient in the conduct28
of its affairs.29 HLS 14RS-67 ENGROSSED
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(12) To utilize the services of the executive departments of the state upon1
mutually agreeable terms and conditions.2
(13) To do any and all things necessary or proper for the government,3
regulation, development, and control of the business of the commission.4
B. The commission shall not be considered to be an instrumentality of the5
state for purposes of Article X, Section 1 of the Constitution of Louisiana.6
§130.591.4. Commercial and industrial development7
A.(1) In order to promote commerce and industry and develop trade by8
inducing manufacturing, industrial, commercial, and other enterprises, including9
those relating to arts, entertainment, and culture, to locate within the jurisdiction of10
the commission, and to attract and retain business and commercial enterprises within11
the jurisdiction of the commission to maintain employment and the economy of the12
area, the commission shall have authority to plan, finance, develop, acquire, own,13
construct, repair, renovate, and improve commercial and industrial parks and plant14
buildings within the jurisdiction of the commission, including sites and other15
necessary property or appurtenances thereto, and to acquire, construct, develop,16
improve, operate, maintain, and provide improvements and services necessary17
therefor, including but not limited to roads, streets, lighting, bridges, rail facilities,18
drainage, sewers, sewerage disposal facilities, plant solid waste disposal facilities,19
water works, and other utilities and related properties.20
(2)(a) The commission shall also have the authority to sell, lease, or21
otherwise dispose of, by suitable and appropriate contract, to any enterprise locating22
or existing within the jurisdiction of the commission all or any part of a site,23
building, or other property owned by the commission.24
(b) In determining the consideration for any contract to lease, sell, or25
otherwise dispose of lands, buildings, or other property of the commission, the board26
may take into consideration the value of the lands, buildings, or other properties27
involved as well as the potential value of the economic impact of the enterprise being28
induced to locate or expand within the jurisdiction of the commission. Such29 HLS 14RS-67 ENGROSSED
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economic impact shall include increased employment, increased use of local labor,1
wages and salaries to be paid, consumption of local materials, products, and2
resources, and special tax revenue to be generated by the enterprise acquiring or3
leasing lands, buildings, or other property from the commission. In no event,4
however, and under no circumstances shall the board dispose of any property of the5
commission for less than the fair market value of the property as defined in R.S.6
47:2321 without the prior approval of the State Bond Commission.7
(c) The commission shall be empowered to enter into leases having a term,8
including all renewal terms, not to exceed fifty years in the aggregate; provided that9
there shall be a provision for periodic adjustments of the rental rate, commensurate10
with economic conditions, during the fifty-year term.11
(3)(a) The resolution or ordinance adopted by the board authorizing any12
lease, sale, or other disposition of lands, buildings, or other property of the13
commission or any attachment thereto shall set forth, in a general way, the terms of14
the authorized lease, sale, or other disposition, and such resolution or ordinance shall15
be published as soon as possible in one issue of the official journal of the16
commission.17
(b) For a period of thirty days from the date of publication of any such18
resolution or ordinance, any interested person may contest the legality of such19
resolution or ordinance or the validity of the authorized lease, sale, or other20
disposition of commission property, after which time no one shall have any cause of21
action to contest the legality of the authorized lease, sale, or other disposition of22
commission property for any cause whatsoever, and it shall be conclusively23
presumed thereafter that every legal requirement has been complied with and no24
court shall have authority to inquire into such matters after the lapse of thirty days.25
B. The commission shall have the following additional powers, together with26
all powers incidental thereto or necessary to carry out the provisions of this27
Subsection:28 HLS 14RS-67 ENGROSSED
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(1)(a) To acquire, whether by purchase, exchange, donation, or lease, and to1
construct and improve, maintain, equip, and furnish one or more economic2
development projects, including all immovable and movable properties which the3
board may deem necessary in connection therewith.4
(b) Nothing in this Paragraph shall be construed to apply to electric5
cooperatives or investor-owned public utilities that are regulated by the Louisiana6
Public Service Commission or the city of New Orleans.7
(2) To lease or to contract for the use of any or all of its authorized projects8
and to charge and collect rent, fees, or charges therefor, and to terminate any such9
lease or contractual arrangement upon the failure of the obligations thereof, all as10
may be provided for in the lease agreement to which the commission may become11
a party.12
(3) To sell, exchange, donate, and convey any or all of its projects upon such13
terms and conditions as the board may deem advisable, including the power to14
receive for any such sale the first mortgage note or notes of the purchaser of a project15
representing unpaid installments of the purchase price due by the purchaser to the16
commission whenever the board finds any such actions to be in furtherance of the17
purpose for which the commission was organized.18
(4) As security for the payment of the principal of and interest on any bonds,19
notes, or other obligations of the commission, and any agreements made in20
connection therewith, to mortgage and pledge any or all of its projects or any part or21
parts thereof, whether then owned or thereafter acquired, and to pledge the revenues22
and receipts therefrom or from any other source.23
(5)(a) To enter into any cooperative financing of an economic development24
project between or among the commission and the state of Louisiana, any of its25
political subdivisions or public benefit corporations, the United States or its agencies,26
or any public or private association, corporation, or individual. The methods of27
financing shall include loan guarantees, land write-downs, grants, lease guarantees,28 HLS 14RS-67 ENGROSSED
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or any form of financial subsidy or incentive that complies with the provisions of1
Article VII, Section 14 of the Constitution of Louisiana.2
(b) To enter into any cooperative development between or among the3
commission and the state of Louisiana, any of its political subdivisions or public4
benefit corporations, the United States or its agencies, or any public or private5
association, corporation, or individual. The methods of cooperative development6
shall include but not be limited to any number of joint development agreements such7
as condominiums and cooperative ownership, limited partnerships, and investment8
syndicates not prohibited by the Constitution of Louisiana. Regardless of the method9
of financing, the commission shall attempt to obtain the most favorable security10
available in order to protect and ensure recovery of sums loaned or paid pursuant to11
such financing.12
(c) "Cooperative endeavor" means any form of economic development13
assistance between or among the commission and the state, any of its local14
governmental subdivisions, political corporations or public benefit corporations, the15
United States or its agencies, or any public or private association, corporation, or16
individual. The term "cooperative endeavor" shall include but not be limited to17
cooperative financing, cooperative development, or any other form of cooperative18
economic development activity.19
§130.591.5. Funding sources; fees and ad valorem tax; borrowing money20
A. The board may, when necessary, levy annually an ad valorem tax not to21
exceed five mills on the dollar of assessed valuation of all property within its22
territorial limits if the amount, term, and purpose of the tax, as set out in a23
proposition submitted to a vote in accordance with the Louisiana Election Code, is24
approved by a majority of the qualified electors within the jurisdiction of the25
commission voting in an election held for that purpose.26
B. All funds derived under this Section may be used for any expenses or27
purposes of the commission. The board shall establish and maintain, in addition to28
all necessary and normal accounts, the following special accounts:29 HLS 14RS-67 ENGROSSED
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(1) A revolving loan guarantee fund, to be used to guarantee industrial or1
business terminal development loans to the extent permitted by the Constitution of2
Louisiana under the following guidelines:3
(a) Loan guarantees shall be made only when adequate financing for the4
project is unavailable through normal lending channels and the project represents a5
sound business venture that is financially and economically feasible.6
(b) Loan guarantees shall be used to assist an identifiable business concern7
to finance plant construction, conversion, or expansion and to finance acquisition of8
land, existing structures, machinery, or equipment and to provide operational funds.9
(c) The terms and rates shall be compatible with loans offered by local10
lending institutions and the guarantee shall never exceed forty percent of the cost of11
the total project. In addition, the commission shall attempt to obtain the most12
favorable security available under the circumstances to protect and ensure the13
recovery of its commitment under the guarantee.14
(d) Loan guarantees may be evaluated for the economic impact in terms of15
the number and types of jobs created or saved.16
(e) Loan guarantees shall be made to leverage other sources of private and17
public capital to attain the greatest economic impact possible with the limited funds18
available.19
(f) Loan guarantees shall be targeted to export industries, manufacturing20
firms, wholesale distribution firms, and service firms.21
(g) The lending or underwriting principals shall have such demonstrated22
experience, ability, and net worth as would allow for the success, continuation,23
security, and solvency of the program. Prudent lending and underwriting standards24
shall be applied in order to comply with the primary objectives of this Subpart.25
(2) An economic development operational fund, for the development and26
attraction of industries to accomplish the following:27 HLS 14RS-67 ENGROSSED
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(a) The operational fund shall be used for operating expenses necessary in1
creation of industrial and commercial development, in hiring sufficient staff to2
accomplish the purposes set out in this Subpart, and other related expenses.3
(b) The operational fund may also be utilized in contracting for services as4
may be required by the board, including but not limited to planning assistance,5
surveys, land use studies, professional and technical services, and other services6
necessary to effectuate a unified industrial development plan.7
(3) An account for the maintenance and operation of a governmental8
procurement center to provide necessary information to companies and individuals9
engaged in providing services and goods to accomplish the following:10
(a) Pinpoint and identify potential buying centers and aid in placing the11
company on a bidder's list for these centers and assist companies in obtaining12
specifications for their products or services.13
(b) Provide trained counselors to assist in acquiring solicitation and bid14
packages and conduct seminars designed to disseminate other information needed15
by the target companies and individuals.16
§130.591.6. Obligations of the commission17
A. The commission may incur debt for any one or more of its lawful18
purposes set forth in this Subpart, to issue in its name negotiable bonds, notes,19
certificates of indebtedness, or other evidences of debt and to provide for the security20
and payment thereof.21
B.(1) The commission may in its own name and behalf incur debt and issue22
general obligation ad valorem property tax secured bonds under the authority of and23
subject to the provisions of Article VI, Section 33 of the Constitution of Louisiana,24
Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised25
Statutes of 1950, when approved by a majority of the qualified voters within the26
jurisdiction of the commission who vote in an election called and conducted under27
the authority of the Louisiana Election Code, including Chapter 6-A of Title 18 of28
the Louisiana Revised Statutes of 1950. General obligation bonds of the commission29 HLS 14RS-67 ENGROSSED
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may be issued for any of the purposes for which the commission is created or is1
authorized to act under any provisions of this Subpart, all of which purposes are2
hereby found and declared to be public purposes and functions of the state of3
Louisiana, which are delegated to the commission.4
(2) The commission may in its own name and behalf issue revenue bonds for5
the purposes for which the commission is created or is authorized to act under any6
of the provisions of this Subpart, including industrial and commercial development7
revenue bonds. The bonds shall be issued in the manner as provided for in Part XII8
and Part XIII of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes9
of 1950.10
(3) The commission may in its own name and behalf borrow from time to11
time in the form of certificates of indebtedness. The certificates shall be secured by12
the dedication and pledge of monies of the commission derived from any lawful13
sources, including fees, occupational license revenues, building permit charges14
dedicated to the commission, lease rentals, service charges, local service agreement15
payments from one or more other contracting parties, the avails of ad valorem16
property taxation, or any combination of such sources of income, provided that the17
term of such certificates shall not exceed ten years and the annual debt service on the18
amount borrowed shall not exceed the anticipated revenues to be dedicated and19
pledged to the payment of the certificates of indebtedness, as shall be estimated by20
the board at the time of the adoption of the resolution authorizing the issuance of21
such certificates. The estimate of the board referred to in the authorizing resolution22
shall be conclusive for all purposes of this Section.23
(4) The commission may borrow the amount of the anticipated ad valorem24
tax, not to exceed five mills, authorized by R.S. 33:130.591.5, for a period not to25
exceed ten years and may issue certificates of indebtedness therefor and may26
dedicate the avails of the tax funded for the payment thereof for the period of time27
the certificates are outstanding.28 HLS 14RS-67 ENGROSSED
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(5) The board may adopt all necessary resolutions or ordinances necessary1
for ordering, holding, canvassing, and promulgating the returns of any election2
required for the issuance of general obligation bonds, or limited tax secured3
obligations, or for the voting of a property tax millage, which resolutions or4
ordinances may include covenants for the security and payment of any bonds or5
other evidence of debt so issued.6
(6) For a period of thirty days from the date of publication of any resolution7
or ordinance authorizing the issuance of any bonds, certificates of indebtedness,8
notes, or other evidence of debt of the commission, any interested person may9
contest the legality of such resolution or ordinance and the validity of such bonds,10
certificates of indebtedness, notes or other evidence of debt issued or proposed to be11
issued thereunder and the security of their payment, after which time no one shall12
have any cause of action to contest the legality of the resolution or ordinance or to13
draw in question the legality of the bonds, certificates of indebtedness, notes, or other14
evidence of debt, the security therefor, or the debts represented thereby for any cause15
whatever, and it shall be conclusively presumed that every legal requirement has16
been complied with, and no court shall have authority to inquire into such matters17
after the lapse of thirty days.18
(7) The issuance and sale of such bonds, certificates of indebtedness, notes,19
or other evidence of debt by the commission shall be subject to approval by the State20
Bond Commission.21
(8) Such bonds, certificates of indebtedness, notes, or other evidence of debt22
shall have all the qualities of negotiable instruments under the commercial laws of23
the state of Louisiana.24
§130.591.7. Securities25
Bonds, certificates, or other evidences of indebtedness issued by the26
commission under this Subpart are deemed to be securities of public entities within27
the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised Statutes28
of 1950, and shall be subject to defeasance in accordance with the provisions of29 HLS 14RS-67 ENGROSSED
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Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, and may be1
refunded in accordance with the provisions of Chapters 14-A and 15 of Title 39 of2
the Louisiana Revised Statutes of 1950, and may also be issued as short-term3
revenue notes of a public entity under Chapter 15-A of Title 39 of the Louisiana4
Revised Statutes of 1950.5
§130.591.8. Exemption from taxation6
The commission and all properties at any time owned by the commission and7
the income therefrom and all bonds, certificates, and other evidences of indebtedness8
issued by the commission under this Subpart and the interest or income therefrom9
shall be exempt from all taxation by the state of Louisiana.10
§130.591.9. General compliances; enhancement; budget11
A. No provision of this Subpart shall be construed so as to exempt the12
commission from compliance with the provisions of Louisiana laws pertaining to13
open meetings, public records, fiscal agents, official journals, dual officeholding and14
employment, public bidding for the purchase of supplies and materials, and15
construction of public works, the code of Governmental Ethics, the Right to Property16
in Article I, Section 4 of the Constitution of Louisiana, and the Louisiana Election17
Code.18
B. The commission shall have the power and right to adopt a program or19
programs awarding contracts to, and establishing set-aside goals and preference20
procedures for the benefit of, businesses owned and operated by socially or21
economically disadvantaged persons in accordance with any of the provisions of R.S.22
38:2233 and of Chapter 19 of Title 39 of the Louisiana Revised Statutes of 1950,23
entitled "Louisiana Minority and Women's Business Enterprise Act".24
C. The board shall annually prepare a financial statement which shall be25
presented to the legislative auditor pursuant to the provisions of R.S. 24:513. The26
legislative auditor shall thereafter publish his findings in the official journal of the27
commission.28 HLS 14RS-67 ENGROSSED
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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.
Proposed law creates the St. Bernard Parish Economic Development Commission as a
political subdivision of the state 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 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 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)Any three of the ten largest employers in the private sector in St. Bernard Parish as
designated by the St. Bernard Economic Development. HLS 14RS-67 ENGROSSED
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(11)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, and the
executive director of the St. Bernard Parish Economic Development Foundation.
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, or lease 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.
(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. HLS 14RS-67 ENGROSSED
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are additions.
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
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 HLS 14RS-67 ENGROSSED
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are additions.
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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Adds members to the governing board of the district representing employers and
the parish economic development foundation.
2. Limits the governing board's power with respect to acquisition of property to
acquisition by donation, grant, purchase, exchange, or lease. Adds provisions to
clarify that such power does not extend to the acquisition of certain public
utilities.
3. Adds provisions that authorize the district to promote trade and commerce
specifically by attracting business enterprises related to arts, entertainment, and
culture.