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ACT No. 158
Regular Session, 2014
HOUSE BILL NO. 295
BY REPRESENTATIVE BURRELL
(On Recommendation of the Louisiana State Law Institute)
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Legislature; to provide for the revision and repeal of certain obsolete, superseded,5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
redesignate provisions for certain home rule charter commissions by removing them21
from Title 33 and including them in the Table of Local and Special Acts; to provide22
for the redesignation of certain statutes and citations; and to provide for related23
matters.24 ENROLLEDHB NO. 295
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 33:130.31, 1333, 3821, 4051, 4161, 4162, and 4306 are hereby2
amended and reenacted to read as follows: 3
§130.31. Resolution or ordinance; contents; access to district; police protection4
The governing authority of any parish acting pursuant to power granted in5
Sub-Section (b-2) of Section 14 of Article XIV of the Constitution R.S. 39:551.26
may by the adoption of an appropriate resolution, or ordinance if required by home7
rule charter, create one or more industrial districts contemplated by said Sub-Section.8
Such resolution or ordinance shall define the boundaries of each such district, shall9
give the district an appropriate name, and shall prescribe such powers, duties, and10
liabilities therefor not inconsistent with the provisions of said Sub-Section R.S.11
39:551.2 as may be deemed suitable by said governing authority. All industrial12
districts so created hereafter shall require or include provisions for access by public13
road to any and all entrances to the premises of each and every plant in the area14
employed for industrial purposes, for use by employees of such industry, or for use15
by employees of independent contractors working on such premises, or for delivery16
of materials or supplies, other than by rail or water transportation, to such premises.17
Where under any plan approved by the governing authority of the parish individual18
plants provide police protection, this protection shall be confined to the premises of19
each individual plant located therein.20
* * *21
§1333. Agreements concerning collection and disposal of solid wastes22
Any parish, municipality, consolidated garbage district created pursuant to23
Article XIV, §14(K-1-b) of the Louisiana Constitution, or political subdivision of the24
state may make agreements pursuant to R.S. 33:1324 and R.S. 33:1324.1 in order to25
create greater efficiency, and economy and further extension of services in the area26
of solid waste disposal. All such agreements shall be pursuant to the provisions of27
this part Part, but, in addition to the ability to acquire by gift, grant, purchase, or28
condemnation proceedings as provided in R.S. 33:1329, the parishes, municipalities29
or commissions political subdivisions may use any state equipment which that may30 ENROLLEDHB NO. 295
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be available for purposes of solid waste disposal. The municipalities, parishes or1
commission political subdivisions pursuant to the powers expressed in R.S. 33:13322
may issue bonds to finance construction, acquisition, or improvement, maintenance,3
or operation of such public projects and the issuance of such bonds, which are hereby4
declared to be a work works of public improvement under Article XIV, §14(b.1) of5
the Louisiana Constitution Part III of Chapter 4 of Subtitle II of Title 39 of the6
Louisiana Revised Statutes of 1950. Such construction, acquisition, or improvement7
and the maintenance or operation thereof is hereby declared to involve public8
improvement under Article X, §10 of the Louisiana Constitution and Article VI,9
Section 32 of the Constitution of 1974, thereby allowing such municipalities,10
parishes or commission political subdivisions to collect an ad valorem tax pursuant11
to the procedure set forth in Article X, §10 of the Louisiana Constitution Article VI,12
Section 32 of the Constitution of 1974 and applicable law. Arrangements for13
financing such operations, including the issuance of bonded indebtedness, shall be14
set forth in the agreement between the parishes, municipalities, and consolidated15
garbage districts political subdivisions as required by R.S. 33:1331.16
* * *17
§3821. Authority to issue bonds and levy taxes18
Waterworks districts shall be subdivisions of the state and as such may issue19
bonds and levy taxes in accordance with the provisions of Section 14 of Article XIV20
of the Constitution of 1921 Part III of Chapter 4 of Subtitle II of Title 39 of the21
Louisiana Revised Statutes of 1950.22
* * *23
§4051. Consolidation of districts by parish governing authority; approval of24
governing body; rights of consolidated district; governing body of district25
The governing authority of any parish may create within such parish one or26
more consolidated sewerage districts comprised of one or more existing sewerage27
districts, together with, if so determined by the governing authority, territory not28
within the boundaries of an existing sewerage district. No sewerage district the29
governing body of which is not the governing authority of the parish may be30 ENROLLEDHB NO. 295
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included in any consolidated district without the approval of the governing body of1
such district to be evidenced by resolution, and no sewerage district lying wholly or2
partially within the limits of an incorporated municipality may be so included in a3
consolidated district without the consent of the governing authority of such4
municipality to be evidenced by resolution. Consolidated sewerage districts so5
created shall constitute sewerage districts within the meaning of Sub-section C of6
Section 14 of Article 14 of the Constitution Part III of Chapter 4 of Subtitle II of7
Title 39 of the Louisiana Revised Statutes of 1950, and as such shall enjoy all rights,8
powers, and privileges enjoyed by other sewerage districts under the provisions of9
said section, including the right to issue bonds, and shall have the right to issue10
certificates of indebtedness secured by local or special assessments. The governing11
authority of each such consolidated sewerage district shall be the governing authority12
of the parish creating the district.13
* * *14
§4161. Revenue-producing public utility defined15
For the purposes of this Part, "revenue-producing public utility" means any16
revenue-producing business or organization which that regularly supplies the public17
with a commodity or service, including electricity, gas, water, ice, ferries,18
warehouses, docks, wharves, terminals, airports, transportation, telephone, telegraph,19
radio, television, drainage, sewerage, garbage disposal, emergency medical services,20
and other like services; or any project or undertaking, including public lands and21
improvements thereon, owned and operated by a municipal corporation or parish or22
other political subdivision or taxing district authorized by the Constitution of23
Louisiana or by law to issue bonds under authority of Section 14 of Article XIV of24
the Constitution of Louisiana of 1921, from the conduct and operation of which25
revenue can be derived.26
§4162. Power to own and operate; power to lease 27
A. Any municipal corporation or any parish or any other political28
subdivision or taxing district authorized by the Constitution of Louisiana or by law29
to issue bonds under Section 14 of Article 14 of the Constitution of Louisiana of30 ENROLLEDHB NO. 295
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1921, may construct, acquire, extend, or improve any revenue-producing public1
utility and property necessary thereto, either within or without its boundaries, and2
may operate and maintain the utility in the interest of the public.3
B. A municipal corporation may lease waterworks systems, electric light and4
power plants, combined water and electric systems, garbage plants, sewerage works,5
electric street and interurban railways, gas plants , and distributing systems.6
C. No municipal corporation may lease or purchase gas fields, wells, lands,7
or holdings for the purpose of drilling and operating gas wells.8
D. A parish may lease gas plants, gas distributing systems, gas wells, gas9
lands, and holdings.10
* * *11
§4306. District as sub-division of state within constitutional provision a political12
subdivision13
Any gas utility district created hereunder pursuant to this Subpart shall be a14
sub-division of the State of Louisiana political subdivision within the meaning of15
Section 14 of Article 14 of the Constitution of 1921, as heretofore or hereafter16
amended, and of the general laws of Louisiana authorizing the issuance of bonds; .17
provided that nothing herein Nothing in this Subpart shall be construed as18
authorizing the issuance and sale of property or ad valorem bonds.19
Section 2. R.S. 33:3744 and 3745 are hereby repealed in their entirety.20
Section 3. The Louisiana State Law Institute is authorized to redesignate R.S.21
33:1947, Subpart A-1 of Part II of Chapter 4 of Title 33 of the Louisiana Revised Statutes22
of 1950, consisting of R.S. 33:1981, Subpart B-1 of Part II of Chapter 4 of Title 33 of the23
Louisiana Revised Statutes of 1950, consisting of R.S. 33:2001 through 2010, Subpart A-124
of Part III of Chapter 4 of Title 33 of the Louisiana Revised Statutes of 1950, consisting of25
R.S. 33:2201, and Subpart B-1 of Part III of Chapter 4 of Title 33 of the Louisiana Revised26
Statutes of 1950, consisting of R.S. 33:2218.1 through 2218.10 as Sections within Title 4027
of the Louisiana Revised Statutes of 1950.28
Section 4. The Louisiana State Law Institute is authorized to redesignate R.S.29
33:1391(Acts 1990, No. 187) and 1392(Acts 1979, No. 341) by removing them from Title30 ENROLLEDHB NO. 295
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33 of the Louisiana Revised Statutes of 1950 and including them in the Table of Local and1
Special Acts.2
Section 5. The Louisiana State Law Institute is further authorized to make such3
technical changes in any citations as may be necessary to reflect the statutory redesignations4
made by the Louisiana State Law Institute as provided by Sections 3 and 4 of this Act.5
Section 6. The redesignation of a statute as provided by Sections 3 and 4 of this Act6
shall not affect the validity of the statute, and references to a statute as redesignated shall be7
valid; however, the redesignation of a statute as provided by Sections 3 and 4 of this Act8
shall not invalidate a reference to the former citation of the redesignated statute.9
Section 7. The Louisiana State Law Institute is hereby authorized to designate new10
Chapters, Parts, and Subparts of Title 40 of the Louisiana Revised Statutes of 1950 for those11
statutes redesignated from Title 33 of the Louisiana Revised Statutes of 1950 as provided12
by Section 3 of this Act.13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: