HLS 15RS-493 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 808
BY REPRESENTATIVE BARRAS
DISTRICTS/ECONOMIC DEVEL: Authorizes the Iberia Economic Development
Authority to grant franchises and rights-of-way
1 AN ACT
2To amend and reenact R.S. 33:130.765(A) and 130.766(A)(2)(b) and (3) and to repeal R.S.
3 33:130.766(A)(2)(d), relative to the Iberia Economic Development Authority; to
4 provide relative to the powers and duties of the authority; to authorize the authority
5 to grant rights-of-way; to provide relative to the disposition of authority property; to
6 provide relative to the adoption of resolutions or ordinances providing for such
7 disposition; to provide relative to publication and public hearing requirements; to
8 remove provisions that require the authority to receive the approval of the Iberia
9 Parish Council prior to disposing of authority property in certain circumstances; and
10 to provide for related matters.
11 Notice of intention to introduce this Act has been published
12 as provided by Article III, Section 13 of the Constitution of
13 Louisiana.
14Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S. 33:130.765(A) and 130.766(A)(2)(b) and (3) are hereby amended
16and reenacted to read as follows:
17 §130.765. Powers of the authority
18 A. The authority, acting by and through its board, shall have and exercise all
19 powers of a political subdivision necessary or convenient for the carrying out of its
20 objects and purposes, including but not limited to the following rights and powers:
21 (1) To sue and be sued.
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HB NO. 808
1 (2) To adopt, use, and alter at will a corporate seal.
2 (3) To acquire by donation, grant, purchase, lease, or otherwise or lease all
3 property, including servitudes or rights of use; to hold and use any franchise or
4 property, immovable or movable, corporeal or incorporeal, or any interest therein,
5 necessary or desirable for carrying out the objects and purposes of the authority,
6 including but not limited to the establishment, maintenance, and operation of
7 industrial parks.
8 (4) To receive by grant, donation, or otherwise grant or donation any sum of
9 money, or property, aid, or assistance from the United States, the state of Louisiana,
10 or any political subdivision thereof, or any person, firm, or corporation.
11 (5) To enter into contracts for the purchase, acquisition, construction,
12 maintenance, and improvement of works and facilities necessary in connection with
13 the purposes of the authority.
14 (6) To grant rights-of-way to erect, construct, lay, operate, and maintain gas,
15 water, sewer, electric, or other utility systems and equipment for the purposes of
16 providing such utilities to persons and entities located within industrial parks,
17 industrial plant buildings, and subordinate and related facilities constructed or
18 acquired by the authority. The authority may select utility service providers, subject
19 to the provisions of R.S. 33:4160.1 and 4160.2 and R.S. 45:123 and all applicable
20 orders of the Louisiana Public Service Commission, for facilities constructed or
21 acquired by the authority.
22 (6)(7) In its own name and on its own behalf to incur debt and to issue
23 general obligation bonds, revenue bonds, certificates, notes, and other evidences of
24 indebtedness and to levy and cause to be collected ad valorem taxes as provided in
25 this Subpart and as may be provided by general law.
26 (7)(8) To require and issue licenses with respect to its properties and
27 facilities.
28 (8)(9) To regulate the imposition of fees and rentals charged by the authority
29 for its facilities and for services rendered by it.
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1 (9)(10) To mortgage properties constructed or acquired and to borrow money
2 and pledge all or part of its revenues, leases, rents, or other advantages as security
3 for such loans.
4 (10)(11) To sell immovable property owned by the authority after legal
5 notice as provided by law for the judicial sale of immovable property.
6 (11)(12) To appoint officers, agents, and employees, prescribe their duties,
7 and fix their compensation.
8 (12)(13) To contract, upon such terms as it may agree upon, for legal,
9 financial, engineering, and other professional services necessary or expedient in the
10 conduct of its affairs.
11 (13)(14) To utilize the services of the executive departments of the state
12 upon mutually agreeable terms and conditions.
13 (14)(15) To do any and all things necessary or proper for the government,
14 regulation, development, and control of the business of the district.
15 * * *
16 §130.766. Industrial development
17 A.
18 * * *
19 (2)
20 * * *
21 (b) In determining the consideration for any contract to lease, sell, or
22 otherwise dispose of lands, buildings, or other property of the authority, the board
23 of commissioners may take into consideration the value of the lands, buildings, or
24 other properties involved as well as the potential value of the economic impact of the
25 enterprise being induced to locate or expand within the authority. Such economic
26 impact shall include increased employment, increased use of local labor, wages and
27 salaries to be paid, consumption of local materials, products, and resources, and
28 special tax revenue to be generated by the enterprise acquiring or leasing lands,
29 buildings, or other property from the authority. The board shall not dispose of any
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HB NO. 808
1 property of the authority for less than the fair market value of the property as defined
2 in R.S. 47:2321 without the prior approval of the Iberia Parish Council.
3 * * *
4 (3)(a) The resolution or ordinance adopted by the board of commissioners
5 authorizing any lease, sale, or other disposition of lands, buildings, or other property
6 of the authority or any attachment thereto shall set forth, in a general way, the terms
7 of the authorized lease, sale, or other disposition, and such resolution or ordinance
8 shall be published as soon as possible following its adoption in one issue of the
9 official journal of the authority.
10 (b) For a period of thirty days from the date of publication of any such
11 resolution or ordinance, any interested person may contest its legality or the validity
12 of the authorized lease, sale, or other disposition of authority property, after which
13 time no one shall have any cause of action to contest such legality or validity, and
14 it shall be conclusively presumed thereafter that every legal requirement has been
15 complied with, and no court shall have authority to inquire into such matters after the
16 lapse of said thirty days. A proposed resolution or ordinance may be placed on the
17 agenda of any board meeting and introduced by any board member.
18 (c) After a proposed resolution or ordinance has been introduced, copies of
19 it shall be provided to all board members. The title of a proposed resolution or
20 ordinance shall be published once in the official journal of the authority. The notice
21 shall indicate the time and place where the board will consider its adoption.
22 (d) No resolution or ordinance shall be adopted until a public hearing on it
23 has been held. No resolution or ordinance shall be adopted at the meeting at which
24 it is introduced.
25 (e) The board shall publish each resolution or ordinance adopted by the
26 board pursuant to this Paragraph once in the official journal of the authority, within
27 twenty days of its adoption and prior to its effective date.
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1 (f) Unless a resolution or ordinance specifies an earlier or later effective
2 date, the resolution or ordinance shall take effect on the thirtieth day after the
3 meeting in which the resolution or ordinance was adopted.
4 * * *
5 Section 2. R.S. 33:130.766(A)(2)(d) is hereby repealed in its entirety.
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)]
HB 808 Engrossed 2015 Regular Session Barras
Abstract: Relative to the Iberia Economic Development Authority, grants the authority the
power to grant rights-of-way.
Present law creates the Iberia Economic Development Authority as a body politic and
political subdivision of the state to promote, encourage, and participate in industrial
development. Provides that the district's boundaries are coterminous with those of Iberia
Parish and provides that the district is governed by a board of commissioners consisting of
five members.
Proposed law retains present law.
Present law provides that the authority, through its board, has the following powers:
(1)To sue and be sued.
(2)To adopt, use, and alter at will a corporate seal.
(3)To acquire property and to hold and use any franchise or property, including the
establishment, maintenance, and operation of industrial parks.
(4)To receive any money, property, aid, or assistance from the U.S. or the state or any
political subdivision thereof, or any person, firm, or corporation.
(5)To enter into contracts for the purchase, acquisition, construction, maintenance, and
improvement of works and facilities.
(6)To incur debt and to issue general obligation bonds, revenue bonds, certificates,
notes, and other evidences of indebtedness and to levy and cause to be collected ad
valorem taxes.
(7)To require and issue licenses with respect to its properties and facilities.
(8)To regulate the imposition of fees and rentals for facilities and services.
(9)To mortgage properties and to borrow money and pledge its revenues, leases, rents,
or other advantages as security.
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HB NO. 808
(10)To sell immovable property after legal notice.
(11)To appoint officers, agents, and employees, prescribe duties, and fix compensation.
(12)To contract for legal, financial, engineering, and other professional services.
(13)To utilize the services of the executive state departments.
(14)To do all things necessary for the government, regulation, development, and control
of board business.
Proposed law retains present law except removes the authority's power to hold and use any
franchise. Additionally grants the authority the power to grant rights-of-way to erect,
construct, lay, operate, and maintain gas, water, sewer, electric, or other utility systems and
equipment for the purposes of providing such utilities to persons and entities located within
industrial parks, industrial plant buildings, and subordinate and related facilities constructed
or acquired by the authority. Further authorizes the authority to select utility service
providers for facilities constructed or acquired by the authority.
Present law prohibits the board from disposing of any of its property for less than the fair
market value of the property without the prior approval of the Iberia Parish Council.
Proposed law instead requires the board to dispose of its property for fair market value.
Present law requires the resolution or ordinance adopted by the board authorizing any lease,
sale, or other disposition of property to set forth, in a general way, the terms of the lease,
sale, or other disposition.
Proposed law retains present law.
Present law requires that the resolution or ordinance providing for the disposition of property
be published as soon as possible following its adoption in one issue of the official journal
of the authority. Provides that any interested person, within 30 days of publication, may
contest the legality or validity of the disposition and after such time no person shall have any
cause of action to contest such legality or validity.
Proposed law removes present law and instead provides that a proposed resolution or
ordinance providing for the disposition of property may be placed on the agenda of any
board meeting and introduced by any board member. Provides that after it has been
introduced, copies of it must be provided to all board members. Requires that the title of a
proposed resolution or ordinance be published once in the official journal of the authority
and requires that the notice indicate the time and place where the board will consider its
adoption. Prohibits a resolution or ordinance from being adopted until a public hearing on
it has been held and prohibits a resolution or ordinance from being adopted at the meeting
at which it is introduced.
Proposed law requires the board to publish each resolution or ordinance adopted by the
board once in the official journal of the authority, within 20 days of its adoption and prior
to its effective date. Provides that unless a resolution or ordinance specifies an earlier or
later effective date, the resolution or ordinance shall take effect on the 30th day after the
meeting in which the resolution or ordinance was adopted.
(Amends R.S. 33:130.765(A) and 130.766(A)(2)(b) and (3); Repeals R.S.
33:130.766(A)(2)(d))
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HB NO. 808
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial
and Cultural Affairs to the original bill:
1. Remove the authority's power granted pursuant to present law to hold and use
any franchise. Additionally, remove the authority's power granted pursuant to
proposed law to grant franchises and to levy and collect a franchise fee.
2. Add provisions that grant the authority the power to select utility service
providers for facilities constructed or acquired by the authority.
3. Remove authority for the district to acquire property by means other than
donation, grant, purchase, or lease. Additionally, remove authority for the
district to receive property or assistance from any public or private entity by
means other than grant or donation.
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