Burrell (HB 295) Act No. 158
Relative to revision of local government laws pursuant to HCR No. 218 of 2009 R.S. (which
requested the La. State Law Institute (LSLI) to study and propose a revised codification of
Title 33 of the La. Revised Statutes of 1950), provides for revision and repeal of certain
obsolete, superseded, and inaccurate provisions, authorizes the LSLI to redesignate certain
laws, and removes obsolete references to provisions of the 1921 Constitution of La. as
follows:
Existing 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. New law replaces 1921 constitution reference (the referenced provision no
longer exists) with reference to authority in existing law (R.S. 39:551.2). Also provides for
creation of such districts by ordinance if required by home rule charter.
Existing 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 of La. 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. New law replaces 1921 constitution references (the referenced provisions no longer
exist) with references to authority in existing law and existing constitution. Uses the term
"political subdivision" instead of listing the various named entities in existing law all of
which are political subdivisions.
Existing law (R.S. 33:3821) provides that waterworks districts are subdivisions of the state
and authorizes them to issue bonds and levy taxes. Existing law (R.S. 33:4051) provides for
consolidated sewerage districts. Relative to authority of such districts, cites Art. XIV, §14
of the 1921 Constitution of La. New law replaces 1921 constitution references (the
provisions no longer exist) with authority in existing law.
Existing 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 or
a project or undertaking 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. Existing 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 construct, acquire, extend, or improve and operate and
maintain a revenue-producing public utility. New law replaces 1921 constitution references
(the provisions no longer exist) with references to authority in existing law and existing
constitution. Uses the term "political subdivision" instead of listing the various named
entities in existing law all of which are political subdivisions.
Existing law (R.S. 33:4306) provides that a gas utility district created under existing 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. New law 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".
New law repeals prior law (R.S. 33:3744) that authorized municipalities to compel males to
perform street duty or to pay a street tax in lieu thereof.
New law repeals prior law (R.S. 33:3745) that authorized 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.
New law authorizes the LSLI to redesignate certain provisions of existing law (R.S. 33:1947,
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; financial security for firemen's surviving
spouses and children; extra compensation for firemen, eligibility therefor, and for the
Fireman's Supplemental Pay Board; financial security for law enforcement officers' surviving spouses and children; and extra compensation for law enforcement officers, including
various specified such officers, and the board of review.
Existing law (R.S. 33:1391) provides for the Lafayette Parish and the city of Lafayette
charter commission and the plan for unified government. Existing law (R.S. 33:1392)
provides for the Terrebonne Parish charter commission and the plan of government. New
law directs the LSLI to redesignate existing 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.
New 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.
Effective Aug. 1, 2014.
(Amends R.S. 33:130.31, 1333, 3821, 4051, 4161, 4162, and 4306; Repeals R.S. 33:3744
and 3745)