RDCSB278 2992 4017
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)]
SB 278 Engrossed 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.
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 but shall have
no authority to levy taxes, incur debt, or issue bonds. Otherwise authorizes the district to
exercise all powers granted by present law to recreation districts.
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 of 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 parish council representing
District No. 1.
(2)One member shall be appointed by the parish president.
(3)One member shall be appointed by the member of the Thibodaux city council
representing District C.
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(4)One member shall be appointed by the mayor of Thibodaux.
(5)One member shall be appointed by the member of the 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 any vacancy which otherwise occurs shall be filled by appointment within 60
days of the vacancy by the appointing authority for the unexpired term. Provides that, if for
any reason after the appointing authority fails to make an appointment within 60 days after
the vacancy, the Senator or the state representative who make appointments pursuant to
proposed law shall appoint a member to fill the vacancy within 30 days of such failure.
Provides that members shall serve until their successors shall have been appointed and
qualified. Provides that the board shall hold its first meeting in January 2016 at the call of
the Senator authorized by proposed law to appoint a commissioner. Provides that, at such
meeting the commission shall select its chairman, vice chairman, and any other officers it
deems necessary. Provides that the commission shall meet as necessary thereafter to carry
out its duties. 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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial
and Cultural Affairs to the engrossed bill:
1. Delete authorization for the district to levy taxes or incur debts, subject to voter
approval, and add provision that the district has no authority to levy taxes or
incur debt.
2. Add provision that requires board vacancies to be filled within 60 days and
provision for appointment if an appointing authority fails to meet this deadline.
3. Add provisions relative to the first meeting of the board.
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