The legislative instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry J. Guillot.
CONFERENCE COMMITTEE REP ORT DIGEST
SB 278 2015 Regular Session Brown
Keyword and summary of the bill as proposed by the Conference Committee
SPECIAL DISTRICTS. Creates and provides for the North Lafourche Recreation Enhancement
District. (1/1/16)
Report adopts House amendments to:
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.
4. Delete provisions that include on the board of commissioners appointees selected by
the senator and representative of the senatorial and representative districts in which
the district is located and replace them with appointees selected by the members of
the Lafourche Parish Council representing District Nos. 2 and 3.
Report rejects House amendments which would have:
1. Added provisions that restrict the expenditure of funds in the city of Thibodaux and
the parish of Lafourche by requiring approval by the governing authorities if the
district receives any funds for capital outlay.
2. Added provision that the district shall not comprise any territory located in the city
of Thibodaux.
3. Added provision that if the appointing authority fails to make an appointment within
60 days after the vacancy, the senator or state representative who make appointments
in proposed law shall appoint a member to fill the vacancy within thirty days after
such failure.
Report amends the bill to: 1. Delete the appointment by the mayor of the city of Thibodaux.
2. Add an appointment by the senator representing the senatorial district in which the
district is located.
3. Adds provision that if the appointing authority fails to make an appointment within
60 days after the vacancy, the senator in whose senatorial district the recreation
enhancement district is located and the representative who represents House District
No. 55 shall jointly appoint a member to fill the vacancy within thirty days after such
failure.
Digest of the bill as proposed by the Conference Committee
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.
(4)One member shall be appointed by the senator of the senatorial district in which the district
is located.
(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 member of the Lafourche Parish Council representing
District No. 2.
(7)One member shall be appointed by the member of the Lafourche Parish Council representing
District No. 3.
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 in
whose senatorial district the recreation enhancement district is located and the representative who
represents House District No. 55 shall jointly 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)