Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB387 Engrossed / Bill

                    SLS 14RS-634	REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 387
BY SENATOR LAFLEUR 
MUNICIPALITIES. Provides relative to local governing authorities and special districts.
(gov sig)
AN ACT1
To enact Part XVI of Chapter 2 of Title 33 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 33:1420.21, relative to special districts; to provide for powers and3
authority in certain instances; to provide for an effective date; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Part XVI of Chapter 2 of Title 33 of the Louisiana Revised Statutes of7
1950, to be comprised of R.S. 33:1420.21 is hereby enacted to read as follows:8
PART XVI. SPECIAL DISTRICTS-MISCELLANEOUS PROVISIONS9
ยง1420.21. Powers when same governance10
A. Notwithstanding any other provision of law to the contrary, when the11
governing authority of a parish or municipality also serves as the governing12
authority of the special district authorized by state law to be created by it or by13
the parish or municipality's home rule charter, the special district shall have the14
same powers as that of the parish or municipality, including the power of15
taxation and the power to incur debt and issue bonds.16
B. The provisions of this Section shall apply only when the members of17 SB NO. 387
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the governing authority of the parish or municipality and of the special district1
are identical in number and in name.2
C. Notwithstanding the provisions of this Section, the governing3
authority of the parish or municipality and the governing authority of the4
special district shall independently follow any notice requirements applicable5
to any actions taken by such entity.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
The original instrument was prepared by Michael Bell. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Cathy R. Wells.
DIGEST
LaFleur (SB 387)
Present law authorizes parishes and municipalities to establish various special districts for
a variety of purposes including road development, recreation, economic development, water,
sewerage, etc.
Present law provides many instances wherein the governing authority of the parish or
municipality that created the special district also serves as the governing authority to the
special district.
Proposed law provides that notwithstanding any other provision of present law, when the
governing authority of a parish or municipality also serves as the governing authority of the
special district, the special district shall have the same powers as that of the parish or
municipality, including the power of taxation and the power to incur debt and issue bonds.
Proposed law limits its application to instances where the members of the governing
authority of the parish or municipality and of the special district are identical in number and
in name.
Proposed law requires governing authorities of a parish or municipality and the governing
authority of a special district to independently follow any notice requirements applicable to
any actions taken by such entity.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 33:1420.21) SB NO. 387
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Adds limitation of proposed law applicability.
Senate Floor Amendments to engrossed bill
1. Requires governing authorities to independently follow any notice
requirements applicable to any actions taken by such entity.