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Regular Session, 2014
SENATE BILL NO. 674
BY SENATOR NEVERS
MUNICIPALITIES. Provides relative to incorporation of unincorporated areas. (gov sig)
AN ACT1
To enact R.S. 33:7.1, relative to incorporation of unincorporated areas; to provide for a2
moratorium on incorporation of unincorporated areas; to provide for an effective3
date; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 33:7.1 is hereby enacted to read as follows:6
ยง7.1. Moratorium on incorporation7
A. Notwithstanding this Subpart or any provision of law to the contrary,8
there shall be a moratorium on municipal incorporations from January 1, 2014,9
through December 31, 2015. During this moratorium no residents of any10
unincorporated area may petition for the incorporation of the area as provided11
in this Subpart.12
B.(1) If, prior to January 1, 2014, the residents of an unincorporated13
area initiated a petition for incorporation under this Subpart and no election for14
the incorporation was held on or before November 4, 2014, then the petition for15
incorporation shall be suspended during this moratorium and may be continued16
on or after January 1, 2016. Any petition suspended as a result of this17 SB NO. 674
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moratorium shall be subject to the provisions governing municipal1
incorporation in effect when the moratorium ends.2
(2) If, prior to January 1, 2014, the residents of an unincorporated area3
initiated a petition for incorporation under this Subpart and despite complying4
with all other requirements and deadlines, an election on the petition is not held5
on or before November 4, 2014, due to a court order or court action, the petition6
for incorporation shall not be suspended during the moratorium and may be7
continued. However, no signatures shall be collected for the petition after July8
23, 2014.9
C. The Senate Committee on Local and Municipal Affairs and the House10
Committee on Municipal, Parochial and Cultural Affairs shall meet and11
function as a joint committee to complete a comprehensive review and12
evaluation of the state policies set forth within this Subpart on Municipal13
Incorporation, and shall submit a written report of its findings and14
recommendations, including any proposed legislation, to the legislature no later15
than December 1, 2014, so that any proposed legislation associated with the16
issue may be considered in the 2015 Regular Session of the Legislature. In17
conducting the comprehensive review and evaluation, the joint committee shall18
consider testimony and information from national and state organizations,19
including but not limited to the Louisiana Municipal Association, the Police20
Jury Association of Louisiana, the Louisiana Assessors' Association, the21
Louisiana Sheriffs' Association, the Louisiana Fire Chiefs Association, the22
Louisiana School Boards Association, the Louisiana Association of Tax23
Administrators, the National Association of Counties, the United States24
Conference of Mayors, and the National League of Cities.25
D. The provisions of this Section shall not apply in the parishes of26
Richland, Madison, East Carroll, Concordia, Tensas, Morehouse, and Ouachita.27
E. The provisions of this Section shall not apply in the parishes of28
Claiborne, Lincoln, Morehouse, Ouachita, Union, and West Carroll.29 SB NO. 674
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F. The provisions of this Section shall not apply in the parishes of1
Bossier and Caddo.2
Section 2. The provisions of this Act shall be retroactive in application.3
Section 3. This Act shall become effective upon signature of the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
The original instrument was prepared by Julie J. Baxter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
Nevers (SB 674)
Proposed law provides for a moratorium on municipal incorporations from January 1, 2014,
through December 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 January 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 November 4, 2014, then the petition for incorporation
shall be suspended during this moratorium and may be continued on or after January 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 January 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
November 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 December 1, 2014, so that any proposed legislation associated
with the issue may be considered in the 2015 Regular Session 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 Louisiana Municipal
Association, the Police Jury Association of Louisiana, the Louisiana Assessors' Association,
the Louisiana Sheriffs' Association, the Louisiana Fire Chiefs Association, the Louisiana
School Boards Association, the Louisiana Association of Tax Administrators, the National
Association of Counties, the United States Conference of Mayors, and the National League
of Cities. SB NO. 674
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Proposed law exempts the following parishes: Bossier, Caddo, East and West Carroll,
Claiborne, Concordia, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas and
Union from the provisions of proposed law.
Effective upon signature of the 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
January 1, 2014, to on or before November 4, 2014.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Adds a provision that prevents suspension of certain petitions during the
moratorium. Further provides that signatures cannot be collected after
7/23/14.
3. Adds a provision that excludes certain parishes from proposed law.