SLS 17RS-100 ENGROSSED
2017 Regular Session
SENATE BILL NO. 99
BY SENATOR DONAHUE
SPECIAL DISTRICTS. Provides relative to the St. Tammany Parish Development District.
(See Act)
1 AN ACT
2 To amend and reenact R.S. 33:130.401(A), 130.402(A), (B), (D), (E), (F) and (G), and R.S.
3 33:130.409(A), and to enact R.S. 33:130.409 (D), relative to the St. Tammany Parish
4 Development District; to provide relative to the classification of the district; to
5 provide relative to its board of commissioners; to provide relative to a nominating
6 committee; to provide relative to certain prohibitions regarding transactions and
7 employment; and to provide for related matters.
8 Notice of intention to introduce this Act has been published.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 33:130.401(A), 130.402(A), (B), (D), (E), (F) and (G), and
11 130.409(A) are hereby amended and reenacted and R.S. 33:130.409(D) is hereby enacted
12 to read as follows:
13 §130.401. St. Tammany Parish Development District; creation; territorial
14 jurisdiction
15 A. The St. Tammany Parish Development District, hereinafter referred to as
16 the "district", is hereby constituted and is declared to be a body politic and political
17 subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the
Page 1 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 99
SLS 17RS-100 ENGROSSED
1 Constitution of Louisiana and a public agency for the purposes of R.S. 12:249.
2 Pursuant to Article VI, Sections 19 and 21 of the Constitution of Louisiana, the
3 district, acting through its board of commissioners, the governing authority of said
4 district, is hereby granted all of the rights, powers, privileges, and immunities
5 granted to political subdivisions for economic and industrial development purposes,
6 including but not limited to the power of taxation, the power to incur debt and issue
7 revenue and general obligation bonds, certificates of indebtedness, bond and
8 certificate anticipation notes, and refunding bonds, subject to the limitations
9 hereinafter provided.
10 * * *
11 §130.402. Board of commissioners; members; officers; employees
12 A.(1) The district shall be governed by a board of commissioners consisting
13 of thirteen eleven members selected as set out herein. All members shall be qualified
14 voters and taxpayers within the limits of the district during their term of office. The
15 On and after January 1, 2018, members of the board of commissioners shall be
16 appointed and serve terms of office as follows nominated by the board of
17 commissioners and submitted to the council of St. Tammany Parish for
18 approval. Commissioners shall serve three-year terms of office, except in the
19 case of any shorter initial terms. Initial terms shall be staggered for the periods
20 indicated as follows:
21 (a) Four members shall be appointed by the president of St. Tammany Parish.
22 The initial appointment shall be made for staggered terms as specified herein and,
23 at the termination of these initial terms of office, the term of office shall be for three
24 years. Initial terms, as designated by the president of St. Tammany Parish, shall be
25 as follows:
26 (i) One member shall be appointed for three years.
27 (ii) One member shall be appointed for two years.
28 (iii) Two members shall be appointed for one year serve three-year initial
29 terms.
Page 2 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 99
SLS 17RS-100 ENGROSSED
1 (b) Four members shall be appointed by the council of St. Tammany Parish.
2 The initial appointment shall be made for staggered terms as specified herein and,
3 at the termination of these initial terms of office, the term of office shall be for three
4 years. Initial terms, as designated by the council, shall be as follows:
5 (i) One member shall be appointed for three years.
6 (ii) One member shall be appointed for two years.
7 (iii) Two members shall be appointed for one year serve two-year initial
8 terms.
9 (c) Three members shall be appointed by the St. Tammany Economic
10 Development Foundation. The initial appointment shall be made for staggered terms
11 as specified herein and, at the termination of these initial terms of office, the term of
12 office shall be for three years. Initial terms, as designated by the foundation, shall be
13 as follows:
14 (i) One member shall be appointed for three years.
15 (ii) One member shall be appointed for two years.
16 (iii) One member shall be appointed for one year.
17 (d) One member shall be the St. Tammany Parish President or his designee.
18 (e) One member shall be the executive director of the St. Tammany
19 Economic Development Foundation serve one-year initial terms.
20 (2)(a) The nominating committee of the board of commissioners shall
21 consist of the board president and vice president, the district executive director,
22 the president of St. Tammany Parish, and a member of a regional board or
23 commission selected by the president of St. Tammany Parish. The nominating
24 committee shall submit its slate of nominees to the board of commissioners for
25 approval. Once a slate of nominees is approved by the board, it shall be
26 forwarded to the St. Tammany Council.
27 (b) The initial slate of nominees shall be nominated by the members of
28 the nominating committee and board of commissioners on or before
29 December 31, 2017. For continuity, both the initial nominations and initial
Page 3 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 99
SLS 17RS-100 ENGROSSED
1 approved nominees shall include at least two members of the board of
2 commissioners as of December 31, 2017.
3 (c) The council of St. Tammany Parish may approve or disapprove any
4 nominee. The board of commissioners shall submit new nominees for any
5 individual nominees that are not approved.
6 (d) Any vacancy which occurs prior to the expiration of the term for which
7 a member of the board of commissioners has been appointed shall be filled in the
8 same manner as the original appointment for the unexpired term pursuant to the
9 same nomination and approval process set forth in Paragraph (A)(1) of this
10 Section.
11 B. The members of the board of commissioners shall not receive per diem or
12 be paid a salary for serving on the board. No members of the board of commissioners
13 shall be appointed to serve for more than two successive three-year terms.
14 * * *
15 D. Except as specifically provided by Subparagraph (A)(1)(d) of this Section,
16 elected Elected officials are prohibited from serving on the board of commissioners.
17 E. The board of commissioners shall elect from among its own members a
18 president, a vice president, a secretary, an executive director, and a treasurer, whose
19 duties shall be those usual to such offices. At the option of the board of
20 commissioners, the offices of secretary and treasurer may be held by one person.
21 F. The board of commissioners shall meet in regular session every month and
22 shall also meet in special session as often as the president of the board convenes
23 them or on the written request of four members. Seven Six members of the board of
24 commissioners shall constitute a quorum.
25 G. The board of commissioners shall prescribe rules to govern its meetings.
26 The board of commissioners may contract with and or employ attorneys, clerks,
27 engineers, deputy commissioners, a director an executive director, and other agents
28 and employees and shall fix their compensation and terms of employment.
29 * * *
Page 4 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 99
SLS 17RS-100 ENGROSSED
1 §130.409. General compliances; enhancement
2 A. Except as otherwise specifically provided by R.S. 33:130.402(H) and
3 Subsection D of this Section, no provision of this Subpart shall be construed so as
4 to exempt the district from compliance with the provisions of Louisiana laws
5 pertaining to open meetings, public records, fiscal agents, official journals, dual
6 officeholding and employment, public bidding for the purchase of supplies and
7 materials and construction of public works, the Code of Governmental Ethics, the
8 Right to Property in Article I, Section 4 of the Constitution of Louisiana, and the
9 Louisiana Election Code.
10 * * *
11 D. Records in the custody of the district pertaining to an active
12 negotiation with a person for the purpose of retaining, expanding, or attracting
13 economic or business development in St. Tammany Parish shall be confidential
14 on the same basis as such records in the custody of the Department of Economic
15 Development as set forth in R.S. 44:22, with the district's executive director
16 performing the duties and obligations of the secretary of the Department of
17 Economic Development and with any notice required therein being published
18 in the official journal of St. Tammany Parish rather than the official journal of
19 the state.
20 Section 2. The provisions of R.S. 33:130.402(A)(2), as amended by this Act shall
21 become effective upon signature by the governor or, if not signed by the governor, upon
22 expiration of the time for bills to become law without signature by the governor, as provided
23 by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and
24 subsequently approved by the legislature, this Act shall become effective on the day
25 following such approval. The remaining provisions of this Act shall become effective
26 January 1, 2018.
27 Section 3. The terms of office of the members of the board currently serving shall
28 terminate on January 1, 2018, or upon the official appointment by the council of St.
29 Tammany Parish of a new slate of board members, whichever is later.
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 99
SLS 17RS-100 ENGROSSED
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
SB 99 Engrossed 2017 Regular Session Donahue
Present law creates the St. Tammany Parish Development District and its board of
commissioners. Provides that the board consists of 13 persons, including four members
appointed by the St. Tammany Parish president, four members appointed by the St.
Tammany Parish council, three members appointed by the St. Tammany Economic
Development Foundation, the St. Tammany Parish president or his designee, and the
executive director of the St. Tammany Economic Development Foundation.
Present law requires that the board shall meet in regular session monthly and shall also meet
in special session as often as the president of the board convenes them or on the written
request of four members. Provides that seven members of the board shall constitute a
quorum.
Present law provides for the board to elect from among its own members a president, a vice
president, a secretary, an executive director, and a treasurer.
Proposed law reduces the board from 13 to 11 members and provides after January 1, 2018,
for members of the board to be nominated by the existing board of commissioners and
submitted to the St. Tammany Parish council for approval. Proposed law reduces the
quorum of the board from seven to six.
Proposed law provides for commissioners to serve three-year terms of office except in the
case of shorter initial terms. The initial terms of the commissioners are to be staggered as
follows:
(1)Four members to serve three-year terms.
(2)Four members to serve two-year terms.
(3)Three members to serve one-year terms.
Proposed law provides for the board to elect from among its members a president, a vice
president, a secretary, and a treasurer.
Present law authorizes the board to contract with or employ attorneys, clerks, engineers,
deputy commissioners, and other agents and employees and shall fix their compensation and
terms of employment. Proposed law adds an executive director, otherwise retains present
law.
Proposed law provides for records in the custody of the district pertaining to an active
negotiation with a person for the purpose of retaining, expanding, or attracting economic or
business development in St. Tammany Parish are to be confidential on the same basis as
such records in the custody of the Department of Economic Development with the district's
executive director performing the duties and obligations of the secretary of the Department
of Economic Development and the official journal of St. Tammany Parish substituted for the
official journal of the state.
Provides for the term of office for members serving on the effective date of this Act shall
terminate on January 1, 2018, or upon the official appointment by the council of St.
Tammany Parish of a new slate of board members, whichever is later.
Page 6 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 99
SLS 17RS-100 ENGROSSED
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S 33:130.401(A), 130.402(A), (B), (D), (E), (F) and (G), and 130.409(A); adds
R.S. 33:130.409(D))
Page 7 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.