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Regular Session, 2014
HOUSE BILL NO. 295
BY REPRESENTATIVE BURRELL
(On Recommendation of the Louisiana State Law Institute)
LOCAL GOVERNMENT: Provides relative to revision of local government laws pursuant
to HCR No. 218 of the 2009 Regular Session
AN ACT1
To amend and reenact R.S. 33:130.31, 1333, 3821, 4051, 4161, 4162, and 4306 and to repeal2
R.S. 33:3744 and 3745, relative to revision of local government laws pursuant to3
House Concurrent Resolution No. 218 of the 2009 Regular Session of the4
Legislature; to provide for the revision and repeal of certain obsolete, superseded,5
and inaccurate provisions; to provide for the redesignation of certain provisions of6
local government laws; to provide for the removal of obsolete references to the7
provisions of the 1921 Constitution of Louisiana; to provide relative to creation of8
industrial districts; to provide for agreements by political subdivisions for solid waste9
disposal; to provide for the authority of waterworks districts to issue bonds and levy10
taxes; to provide for the authority of parishes to create consolidated sewerage11
districts; to provide for the definition of a revenue-producing public utility and the12
authority of a political subdivision relative to a revenue-producing public utility; to13
provide that a gas utility district is a political subdivision and is not authorized to sell14
property or issue ad valorem bonds; to repeal provisions for a municipality to require15
street duty or payment of a street tax and for sweeping and sprinkling districts; to16
authorize the Louisiana State Law Institute to redesignate provisions providing for17
the payment of benefits to survivors of law enforcement officers and firemen and18
certain provisions providing for compensation for certain law enforcement officers19
and firemen and fire personnel; to authorize the Louisiana State Law Institute to20 HLS 14RS-1005 REENGROSSED
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redesignate provisions for certain home rule charter commissions by removing them1
from Title 33 and including them in the Table of Local and Special Acts; to provide2
for the redesignation of certain statutes and citations; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 33:130.31, 1333, 3821, 4051, 4161, 4162, and 4306 are hereby6
amended and reenacted to read as follows: 7
§130.31. Resolution or ordinance; contents; access to district; police protection8
The governing authority of any parish acting pursuant to power granted in9
Sub-Section (b-2) of Section 14 of Article XIV of the Constitution R.S. 39:551.210
may by the adoption of an appropriate resolution, or ordinance if required by home11
rule charter, create one or more industrial districts contemplated by said Sub-Section.12
Such resolution or ordinance shall define the boundaries of each such district, shall13
give the district an appropriate name, and shall prescribe such powers, duties, and14
liabilities therefor not inconsistent with the provisions of said Sub-Section R.S.15
39:551.2 as may be deemed suitable by said governing authority. All industrial16
districts so created hereafter shall require or include provisions for access by public17
road to any and all entrances to the premises of each and every plant in the area18
employed for industrial purposes, for use by employees of such industry, or for use19
by employees of independent contractors working on such premises, or for delivery20
of materials or supplies, other than by rail or water transportation, to such premises.21
Where under any plan approved by the governing authority of the parish individual22
plants provide police protection, this protection shall be confined to the premises of23
each individual plant located therein.24
* * *25
§1333. Agreements concerning collection and disposal of solid wastes26
Any parish, municipality, consolidated garbage district created pursuant to27
Article XIV, §14(K-1-b) of the Louisiana Constitution, or political subdivision of the28
state may make agreements pursuant to R.S. 33:1324 and R.S. 33:1324.1 in order to29 HLS 14RS-1005 REENGROSSED
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create greater efficiency, and economy and further extension of services in the area1
of solid waste disposal. All such agreements shall be pursuant to the provisions of2
this part Part, but, in addition to the ability to acquire by gift, grant, purchase, or3
condemnation proceedings as provided in R.S. 33:1329, the parishes, municipalities4
or commissions political subdivisions may use any state equipment which that may5
be available for purposes of solid waste disposal. The municipalities, parishes or6
commission political subdivisions pursuant to the powers expressed in R.S. 33:13327
may issue bonds to finance construction, acquisition, or improvement, maintenance,8
or operation of such public projects and the issuance of such bonds, which are hereby9
declared to be a work works of public improvement under Article XIV, §14(b.1) of10
the Louisiana Constitution Part III of Chapter 4 of Subtitle II of Title 39 of the11
Louisiana Revised Statutes of 1950. Such construction, acquisition, or improvement12
and the maintenance or operation thereof is hereby declared to involve public13
improvement under Article X, §10 of the Louisiana Constitution and Article VI,14
Section 32 of the Constitution of 1974, thereby allowing such municipalities,15
parishes or commission political subdivisions to collect an ad valorem tax pursuant16
to the procedure set forth in Article X, §10 of the Louisiana Constitution Article VI,17
Section 32 of the Constitution of 1974 and applicable law. Arrangements for18
financing such operations, including the issuance of bonded indebtedness, shall be19
set forth in the agreement between the parishes, municipalities, and consolidated20
garbage districts political subdivisions as required by R.S. 33:1331.21
* * *22
§3821. Authority to issue bonds and levy taxes23
Waterworks districts shall be subdivisions of the state and as such may issue24
bonds and levy taxes in accordance with the provisions of Section 14 of Article XIV25
of the Constitution of 1921 Part III of Chapter 4 of Subtitle II of Title 39 of the26
Louisiana Revised Statutes of 1950.27
* * *28 HLS 14RS-1005 REENGROSSED
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§4051. Consolidation of districts by parish governing authority; approval of1
governing body; rights of consolidated district; governing body of district2
The governing authority of any parish may create within such parish one or3
more consolidated sewerage districts comprised of one or more existing sewerage4
districts, together with, if so determined by the governing authority, territory not5
within the boundaries of an existing sewerage district. No sewerage district the6
governing body of which is not the governing authority of the parish may be7
included in any consolidated district without the approval of the governing body of8
such district to be evidenced by resolution, and no sewerage district lying wholly or9
partially within the limits of an incorporated municipality may be so included in a10
consolidated district without the consent of the governing authority of such11
municipality to be evidenced by resolution. Consolidated sewerage districts so12
created shall constitute sewerage districts within the meaning of Sub-section C of13
Section 14 of Article 14 of the Constitution Part III of Chapter 4 of Subtitle II of14
Title 39 of the Louisiana Revised Statutes of 1950, and as such shall enjoy all rights,15
powers, and privileges enjoyed by other sewerage districts under the provisions of16
said section, including the right to issue bonds, and shall have the right to issue17
certificates of indebtedness secured by local or special assessments. The governing18
authority of each such consolidated sewerage district shall be the governing authority19
of the parish creating the district.20
* * *21
§4161. Revenue-producing public utility defined22
For the purposes of this Part, "revenue-producing public utility" means any23
revenue-producing business or organization which that regularly supplies the public24
with a commodity or service, including electricity, gas, water, ice, ferries,25
warehouses, docks, wharves, terminals, airports, transportation, telephone, telegraph,26
radio, television, drainage, sewerage, garbage disposal, emergency medical services,27
and other like services; or any project or undertaking, including public lands and28
improvements thereon, owned and operated by a municipal corporation or parish or29 HLS 14RS-1005 REENGROSSED
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other political subdivision or taxing district authorized by the Constitution of1
Louisiana or by law to issue bonds under authority of Section 14 of Article XIV of2
the Constitution of Louisiana of 1921, from the conduct and operation of which3
revenue can be derived.4
§4162. Power to own and operate; power to lease 5
A. Any municipal corporation or any parish or any other political6
subdivision or taxing district authorized by the Constitution of Louisiana or by law7
to issue bonds under Section 14 of Article 14 of the Constitution of Louisiana of8
1921, may construct, acquire, extend, or improve any revenue-producing public9
utility and property necessary thereto, either within or without its boundaries, and10
may operate and maintain the utility in the interest of the public.11
B. A municipal corporation may lease waterworks systems, electric light and12
power plants, combined water and electric systems, garbage plants, sewerage works,13
electric street and interurban railways, gas plants , and distributing systems.14
C. No municipal corporation may lease or purchase gas fields, wells, lands,15
or holdings for the purpose of drilling and operating gas wells.16
D. A parish may lease gas plants, gas distributing systems, gas wells, gas17
lands, and holdings.18
* * *19
§4306. District as sub-division of state within constitutional provision a political20
subdivision21
Any gas utility district created hereunder pursuant to this Subpart shall be a22
sub-division of the State of Louisiana political subdivision within the meaning of23
Section 14 of Article 14 of the Constitution of 1921, as heretofore or hereafter24
amended, and of the general laws of Louisiana authorizing the issuance of bonds; .25
provided that nothing herein Nothing in this Subpart shall be construed as26
authorizing the issuance and sale of property or ad valorem bonds.27
Section 2. R.S. 33:3744 and 3745 are hereby repealed in their entirety.28 HLS 14RS-1005 REENGROSSED
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Section 3. The Louisiana State Law Institute is authorized to redesignate R.S.1
33:1947, Subpart A-1 of Part II of Chapter 4 of Title 33 of the Louisiana Revised Statutes2
of 1950, consisting of R.S. 33:1981, Subpart B-1 of Part II of Chapter 4 of Title 33 of the3
Louisiana Revised Statutes of 1950, consisting of R.S. 33:2001 through 2010, Subpart A-14
of Part III of Chapter 4 of Title 33 of the Louisiana Revised Statutes of 1950, consisting of5
R.S. 33:2201, and Subpart B-1 of Part III of Chapter 4 of Title 33 of the Louisiana Revised6
Statutes of 1950, consisting of R.S. 33:2218.1 through 2218.10 as Sections within Title 407
of the Louisiana Revised Statutes of 1950.8
Section 4. The Louisiana State Law Institute is authorized to redesignate R.S.9
33:1391(Acts 1990, No. 187) and 1392(Acts 1979, No. 341) by removing them from Title10
33 of the Louisiana Revised Statutes of 1950 and including them in the Table of Local and11
Special Acts.12
Section 5. The Louisiana State Law Institute is further authorized to make such13
technical changes in any citations as may be necessary to reflect the statutory redesignations14
made by the Louisiana State Law Institute as provided by Sections 3 and 4 of this Act.15
Section 6. The redesignation of a statute as provided by Sections 3 and 4 of this Act16
shall not affect the validity of the statute, and references to a statute as redesignated shall be17
valid; however, the redesignation of a statute as provided by Sections 3 and 4 of this Act18
shall not invalidate a reference to the former citation of the redesignated statute.19
Section 7. The Louisiana State Law Institute is hereby authorized to designate new20
Chapters, Parts, and Subparts of Title 40 of the Louisiana Revised Statutes of 1950 for those21
statutes redesignated from Title 33 of the Louisiana Revised Statutes of 1950 as provided22
by Section 3 of this Act.23
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)]
Burrell HB No. 295
Abstract: Relative to revision of local government laws pursuant to House Concurrent
Resolution No. 218 of the 2009 R.S. (which requested the La. State Law Institute to
study and propose a revised codification of Title 33 of the La. Revised Statutes of HLS 14RS-1005 REENGROSSED
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1950), provides for revision and repeal of certain obsolete, superseded, and
inaccurate provisions, authorizes the La. State Law Institute to redesignate certain
laws, and removes obsolete references to provisions of the 1921 Constitution of La.
Present law (R.S. 33:130.31) authorizes parishes to create industrial districts by adoption of
an appropriate resolution, pursuant to Art. XIV, §14, Subsection (b-2) of the 1921
constitution. Proposed law retains present law and replaces the reference to the 1921
Constitution of Louisiana (the referenced Section no longer exists) with reference to
authority in present law (R.S. 39:551.2). Also provides for parishes to create such districts
by ordinance if their home rule charter requires an ordinance for such action.
Present law (R.S. 33:1333) authorizes a parish, municipality, or consolidated garbage district
created pursuant to Art. XIV, §14(K-1-b) of the 1921 constitution or a political subdivision
of the state to make agreements in the area of solid waste disposal. Also cites Art. X, §10
of the 1921 constitution in reference to tax authority to finance such projects. Proposed law
retains present law and replaces references to the 1921 constitution (the referenced Sections
no longer exist) with reference to authority in present law and present constitution. Uses the
term "political subdivision" instead of listing the various named entities in present law all
of which are political subdivisions.
Present law (R.S. 33:3821) defines waterworks districts as subdivisions of the state and
authorizes them to issue bonds and levy taxes. Proposed law retains present law and
replaces reference to Art. XIV, §14 of the 1921 constitution (which no longer exists) with
authority in present law.
Present law (R.S. 33:4051) provides for consolidated sewerage districts. Relative to
authority of such districts, cites Art. XIV, §14, Subsection C of the 1921 constitution.
Proposed law retains present law and replaces reference to the 1921 constitution with
authority in present law.
Present law (R.S. 33:4161) defines "revenue-producing public utility" as a revenue-
producing business or organization that supplies the public with a commodity or service and
is owned and operated by a municipal corporation or parish or other political subdivision or
taxing district authorized by Art. XIV, §14 of the 1921 constitution to issue bonds. Proposed
law retains present law and replaces reference to the 1921 constitution (the referenced
Section no longer exists) with reference to authority in present law and present constitution.
Uses the term "political subdivision" instead of listing the various named entities in present
law all of which are political subdivisions.
Present law (R.S. 33:4162) provides for a municipal corporation or parish or other political
subdivision or taxing district authorized by Art. XIV, §14 of the 1921 constitution to issue
bonds to own and operate a revenue-producing public utility. Proposed law retains present
law and replaces reference to the 1921 constitution (the referenced Section no longer exists)
with reference to authority in present law and present constitution. Uses the term "political
subdivision" instead of listing the various named entities in present law all of which are
political subdivisions.
Present law (R.S. 33:4306) provides that a gas utility district created under present law is a
subdivision of the state within the meaning of Art. XIV, §14 of the 1921 constitution and
general laws authorizing the issuance of bonds. Proposed law retains present law and deletes
the 1921 constitution reference (the referenced Section no longer exists) and retains the
reference to the general laws authorizing bond issuance. Changes "subdivision of the state"
to "political subdivision".
Present law (R.S. 33:3744) authorizes municipalities to compel males to perform street duty
or to pay a street tax in lieu thereof. Proposed law repeals present law. HLS 14RS-1005 REENGROSSED
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Present law (R.S. 33:3745) authorizes municipalities to designate sweeping and sprinkling
districts, upon petition of the majority of the residents of a street and to provide for the
financing of the sprinkling and sweeping services. Proposed law repeals present law.
Proposed law authorizes the La. State Law Institute (LSLI) to redesignate certain provisions
of present law (R.S. 33:1847, 1981, 2001-2010, 2201, and 2218.1-2218.10) from Title 33
(Municipalities and Parishes) to Title 40 (Public Health and Safety). Also authorizes the
LSLI to designate new Chapters, Parts, and Subparts of Title 40 for the redesignated statutes.
The statutes to be redesignated include provisions for the Law Enforcement Officers and
Firemen's Survivor Benefit Review Board and payment of claims by the board; for financial
security for firemen's surviving spouses and children; for extra compensation for firemen,
eligibility therefor, and for the Fireman's Supplemental Pay Board; for financial security for
law enforcement officers' surviving spouses and children; and for extra compensation for
law enforcement officers, including various specified such officers, and for the board of
review.
Present law (R.S. 33:1391) provides for the Lafayette Parish and the city of Lafayette charter
commission and the plan for unified government. Present law (R.S. 33:1392) provides for
the Terrebonne Parish charter commission and the plan of government. Proposed law directs
LSLI to redesignate present law by removing the provisions from Title 33 and placing them
in the Table of Local and Special Acts. There is no change in the law.
Proposed law authorizes the LSLI to make necessary technical changes in citations as
necessary to reflect redesignations. Provides that a redesignation shall not affect the validity
of the statute, that references to a statute as redesignated shall be valid, and that
redesignation of a statute shall not invalidate a reference to the former citation of the
redesignated statute.
(Amends R.S. 33:130.31, 1333, 3821, 4051, 4161, 4162, and 4306; Repeals R.S. 33:3744
and 3745)