Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB278 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
SB 278 Original	2015 Regular Session	Brown
Present law, generally provides for the creation of recreation districts by parish governing authorities. 
 Such districts constitute a body corporate with the authority to incur debts and enter into contracts
and to do and perform any and all acts necessary or proper for carrying out the objects and purposes
for which the district is created, including but not limited to the expropriation of property and the
acquisition of equipment, buildings, and physical facilities. Provides that such districts may sue and
be sued; buy and sell; acquire by purchase, gift, expropriation, or otherwise every type and specie
of property and servitudes, rights-of-way, and flowage rights necessary to its purpose; lease, build,
operate, and maintain any works or machinery designed to accomplish the purposes of the district;
sell or assign any interests in minerals or royalties it may own, not to exceed 50% of its interest in
such minerals or royalties, pursuant to law, however, any sale or assignment shall be done in
accordance with the public bid law; have complete control over any supply of fresh water made
available by its facilities which shall be administered for the benefit of the persons residing or
owning property within the district, and if it should be for the benefit of the district, sell such water
for irrigation, municipal, and industrial uses both within and outside the district.  Provides that such
districts constitute an agency of the state designated to carry out an essential governmental function
of the state and all of the property of the district shall be exempt from taxation.  The district may
cooperate and contract with the federal government or any department or agency thereof and to
accept gifts, grants, and donations of property and money therefrom and cooperate with the state or
any political subdivision, department, agency, or corporation of the state for the construction,
operation, and maintenance of facilities designed to accomplish the purpose for which the district
is created on any basis including the matching of funds and by participating in projects authorized
by any federal or state law as it shall see fit.
Provides for the domicile and the objects and purposes of the district.
Provides that the governing authority of the district is a board of commissioners and sets forth the
qualifications, terms, appointment, compensation of the commissioners and the powers and duties
of the board.  Commissioners shall each receive a per diem of $10 for each meeting they attend, but
shall not be paid for more than 12 meetings in each year being paid out of district funds.
Requires that the board elect from its membership a chairman and vice-chairman. Provides for board
meetings.
 
Requires the selection of person as a secretary-treasurer who shall not be a board member but be a
qualified voter and resident of the district who shall furnish such bond as may be required by the
board with the premium on the bond being paid with district funds. Provides that the secretary-
treasurer shall receive such salary and office expense allowance, if any, as shall be fixed and
determined by the board and serve at the pleasure of the board. Authorizes the board to appoint a director who has had experience in the field of recreation and who
is familiar with the principles and methods of playground and recreational activities who shall serve
at the pleasure of the board.
Provides that districts are declared to be political subdivisions of the state, and for the purpose of
purchasing and acquiring lands, buildings, equipment, and other facilities, and for the construction
and maintenance thereof are authorized to vote and levy special maintenance taxes and issue bonds
when authorized to do so by a vote of the qualified electors of the district and as authorized by the
Constitution and laws of the state.  Provides that any election be called by the board, and in the same
election to issue bonds the board may also submit to the qualified electors of the district a
proposition to levy a special tax not to exceed 15 mills on the dollar for a period not to exceed 10
years for the purpose of maintaining and operating said district.
Proposed law creates the North Lafourche Recreation Enhancement District.  Provides that the
objects and purposes of the district shall be to own and operate playgrounds and other recreational
facilities within the boundaries of the district whether preexisting or thereafter constructed or
acquired by the district; and generally to administer programs and engage in activities which would
promote recreation and any related activity designed to encourage recreation and promote the general
health and well-being of citizens.
Proposed law provides that the district is a political subdivision of the state with all the rights and
powers thereof to levy taxes, incur debt, and issue bonds, subject to the approval by a majority of the
electors of the district voting at an election called by the governing authority and held for such
purposes. The district may exercise all powers granted by law to recreation districts created pursuant
to R.S. 33:4562 et seq.
Proposed law provides that the domicile of the district shall be within the district as determined by
the governing authority of the district.
Proposed law provides that the district shall be composed of that portion Lafourche Parish situated
within Senatorial District No. 2.
Proposed law provides that the district shall be governed by a board of seven commissioners who
shall be qualified voters and residents of the district and appointed as follows:
(1) One member shall be appointed by the member of the Lafourche Parish Council representing
District No. 1.
(2) One member shall be appointed by the Lafourche Parish President.
(3)One member shall be appointed by the member of the Thibodaux City Council representing
District C.
(4)One member shall be appointed by the mayor of the city of Thibodaux. (5)One member shall be appointed by the member of the Lafourche Parish School Board
representing District No. 3.
(6)One member shall be appointed by the Senator of the senatorial district in which the district
is located.
(7)One member shall be appointed by the member of the House of Representatives in whose
representative district the district is located.
Provides for four year terms concurrent with the terms of members of the legislature. Provides that
members shall serve until their successors shall have been appointed and qualified. Provides that any
vacancy which otherwise occurs shall be filled by appointment by the appointing authority for the
unexpired term.  Provides that commissioners shall serve without compensation.
Proposed law provides that obligations of the district shall not be obligations of Lafourche Parish
or the city of Thibodaux and shall not be secured by the full faith and credit of the parish or city.
Proposed law otherwise retains present law.
Effective January 1, 2016.
(Adds R.S. 33:4570.15)