HLS 15RS-3670 ORIGINAL
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 190
BY REPRESENTATIVE TIM BURNS
PLANNING/ZONING: Expresses the intended meaning of Act No. 859 of the 2004 R.S.
1 A CONCURRENT RESOL UTION
2To express the intent of the legislature regarding R.S. 33:109.1 as enacted by Act No. 859
3 of the 2004 Regular Session of the Legislature.
4 WHEREAS, R.S. 24:177(B)(2)(b) provides that the "legislature may express the
5intended meaning of a law in a duly adopted concurrent resolution, by the same vote and,
6except for gubernatorial veto and time limitations for introduction, according to the same
7procedures and formalities required for enactment of that law; and
8 WHEREAS, during the 2004 Regular Session of the Legislature, Act No. 859 was
9enacted into law and provided, in R.S. 33:109.1, that whenever a parish or municipal
10planning commission has adopted a master plan, state agencies and departments shall
11consider such adopted master plan before undertaking any activity or action which would
12affect the adopted elements of the master plan; and
13 WHEREAS, the legislature's intent in requiring that local master plans be considered
14by state agencies and departments was that those agencies and departments would act in
15compliance with a local master plan to the greatest extent practicable; to interpret "shall
16consider" to mean that the agency or department must merely take the master plan into
17account renders the statute without effect.
18 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
19express its intent that the "shall consider" language in R.S. 33:109.1 as enacted by Act
20No. 859 of the 2004 Regular Session of the Legislature is to require that state agencies and
21departments act in compliance with a local master plan to the greatest extent practicable.
Page 1 of 2 HLS 15RS-3670 ORIGINAL
HCR NO. 190
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)]
HCR 190 Original 2015 Regular Session Tim Burns
Present law (R.S. 24:117(B)(2)) authorizes the legislature to express the intended meaning
of a law in a duly adopted concurrent resolution, by the same vote and, except for
gubernatorial veto and time limitations for introduction, according to the same procedures
and formalities required for enactment of that law.
Present law (R.S. 33:109.1), which was enacted by Act No. 859 of the 2004 R.S., requires
state agencies and departments to consider a master plan adopted by a parish or municipal
governing authority before undertaking any activity or action which would affect the adopted
elements of the master plan.
Proposed resolution expresses the intent of the legislature that "shall consider" in such
requirement means act in compliance with the local master plan to the greatest extent
practicable.
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