Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB674 Comm Sub / Analysis

                    RDCSB674 2992 5357
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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)]
Nevers	SB No. 674
Proposed law provides for a moratorium on municipal incorporations from Jan. 1, 2014,
through Dec. 31, 2015. Further provides that during this moratorium, no residents of any
unincorporated area may petition for the incorporation of the area as provided in present law.
Proposed law provides that, if prior to Jan. 1, 2014, the residents of an unincorporated area
initiated a petition for incorporation under present law and no election for the incorporation
was held on or before Nov. 4, 2014, then the petition for incorporation shall be suspended
during the moratorium and may be continued on Jan. 1, 2016. Further provides that any
petition suspended as a result of the moratorium in proposed law shall be subject to the
provisions governing municipal incorporation in effect when the moratorium ends.
Proposed law provides that, if prior to Jan. 1, 2014, the residents of an unincorporated area
initiated a petition for incorporation under present law and despite complying with all other
requirements and deadlines, an election on the petition is not held on or before Nov. 4, 2014,
due to a court order or court action, the petition for incorporation shall not be suspended
during the moratorium and may be continued. However, no signatures shall be collected for
the petition after July 23, 2014.
Proposed law provides that certain standing committees shall function as a joint committee
to complete a comprehensive review and evaluation of the certain state policies and submit
a written report of its findings and recommendations, including any proposed legislation, to
the legislature no later than Dec. 1, 2014, so that any proposed legislation associated with
the issue may be considered in the 2015 R.S. of the Legislature.
Proposed law provides that the joint committee shall consider testimony and information
from national and state organizations, including but not limited to the La. Municipal Assoc.,
the Police Jury Assoc. of La., the La. Assessors' Assoc., the La. Sheriffs' Assoc., the La. Fire
Chiefs Assoc., the La. School Boards Assoc., the La. Assoc. of Tax Administrators, the
National Assoc. of Counties, the United States Conference of Mayors, and the National
League of Cities.
Proposed law exempts the following parishes from the provisions of proposed law: Bossier,
Caddo, East and West Carroll, Claiborne, Concordia, East Feliciana, Jefferson, Lincoln,
Livingston, Madison, Morehouse, Ouachita,  Richland, Tensas, and Union.
Provides that proposed law shall be retroactive in application.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:7.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Changes the election for the incorporation to be held from on or before
Jan. 1, 2014, to on or before Nov. 4, 2014. 
Senate Floor Amendments to engrossed bill
1. Makes technical changes. RDCSB674 2992 5357
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2. Adds a provision that prevents suspension of certain petitions during the
moratorium. Further provides that signatures cannot be collected after
July 23, 2014. 
3. Adds a provision that excludes certain parishes from proposed law.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the reengrossed bill.
1. Adds East Feliciana, Jefferson, and Livingston to list of parishes exempted from
proposed law.