Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB617 Comm Sub / Analysis

                    RDCSB617 552 4358
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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)]
Amedee	SB No. 617
Proposed law authorizes the governing authority of Ascension Parish to create special taxing
districts for funding new residential road infrastructure development only.
Proposed law requires that the parish governing authority hold two public hearings before
creating such a district. Provides for the parish governing authority to serve as the governing
authority of such a district.  Authorizes any such district to finance, fund, plan, establish,
acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain specified
road infrastructure projects.
Proposed law authorizes a district, subject to voter approval, to levy a tax and maintenance
assessment as follows:
(1)An ad valorem tax not to exceed 15 mills for any and all road projects within the
district.
(2)A maintenance special assessment to finance maintenance and preservation of the
district's facilities and road projects. Provides that the amount assessed against each
property in the district shall be determined by apportioning the costs of the projects
according to benefits received. Further provides that the benefits received are to be
determined on a pro rata rate by the amount of road frontage on each lot and provides
that assessments shall be sent to the assessor's office no later than April 30th for each
new district for an assessment for the following fiscal year and shall not exceed $200
per year per lot.
Proposed law provides that no election to approve the levy of a tax or assessment is required
if there are no qualified electors in the district.
Proposed law grants a district the following additional powers and duties:
(1)To adopt bylaws.
(2)To adopt and alter an official seal.
(3)To maintain an office and to occupy space made available by the parish governing
authority.
(4)To sue and to be sued.
(5)To receive, administer, and comply with the conditions and requirements respecting
any gift, grant, guarantee, subsidy, or donation of any property or money.
(6)To acquire and to hold and use any franchise or property.
(7)To borrow money.
(8)To make and execute contracts.
(9)To pledge or assign any revenues.
(10)To employ such employees, to make use of such persons as the parish governing
authority may make available to the district, and to employ or otherwise retain the
services of accountants, financial advisors, underwriters, attorneys, engineers, and
such other consultants. RDCSB617 552 4358
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(11)To exercise any and all other powers necessary to accomplish its purposes.
(12)Provides that nothing in proposed law shall be construed as to vest or confer the
power of expropriation on the parish governing authority or any special taxing
district.
Proposed law authorizes the district to issue bonds secured by the proceeds of the ad valorem
taxes and the assessments. Requires voter approval for the issuance of general obligation
bonds. Requires that bonds be issued in accordance with the provisions of the state
constitution and all other laws applicable to the issuance of bonds by political subdivisions.
Provides further with respect to such bonds.
Proposed law requires the governing authority of a special taxing district to require all
developers to notify potential buyers of any property located within a new residential road
infrastructure development of all potential taxes and fees.
Proposed law provides that proposed law is not applicable to the financial of any road
infrastructure projects on any property in which the ownership of multiple adjacent parcels
of the property resides with a single extended family or was inherited from a single family.
Proposed law provides that proposed law terminates on Aug. 1, 2024.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:4690.13)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal Affairs
to the original bill
1. Adds provision specifically providing that proposed law shall not be
construed as to vest or confer expropriation authority.
2. Adds an exception to proposed law for partitions of family property.
3. Adds a sunset date.
Senate Floor Amendments to engrossed bill
1. Requires all developers to notify potential buyers of any property located
within a new residential road infrastructure development of all potential taxes
and fees that may be levied.
2.Adds provisions that proposed law is not applicable to the financing of any
road infrastructure projects on any property in which the ownership of
multiple adjacent parcels of the property resides with a single extended
family or was inherited from a single family.
3. Makes technical changes.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the reengrossed bill.
1. Adds provision that makes the levy of a tax or assessment subject to voter
approval unless there are no qualified voters in the district. Adds provision that
the authority granted to levy a tax or assessment is in addition to powers and
rights conferred by any other general or special law.