Louisiana 2018 2018 Regular Session

Louisiana House Bill HB806 Comm Sub / Analysis

                    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)]
HB 806 Original	2018 Regular Session	Johnson
Abstract:  Creates a special district in certain parishes to construct and operate courtroom and
related facilities.
Present law requires that a parish governing authority provide a courthouse, with rooms for jurors
and a jail.
Proposed law creates a parish justice center district (district), as a political subdivision having
boundaries coterminous with the parish, in any parish with a population of not less than 41,500 and
not more than 45,000 people.  Provides that the purposes of the district are to locate, build, operate,
and maintain courtroom and related facilities for the judicial district that encompasses the district
(judicial district). 
Proposed law provides for governance of the district by the elected judges of the judicial district.
Proposed law provides that the district has all powers necessary or convenient to effectuate its
purpose including:
(1)To acquire and develop property to be used as a justice center.
(2)To develop plans for and to construct a justice center.
(3)To operate and maintain the justice center.
(4)To govern, manage, and direct the justice center; to lay out, regulate, improve, and beautify
the same; to pass ordinances for the regulation and governance thereof; to appoint and
employ such architects, engineers, surveyors, clerks, and others as may be necessary and to
prescribe and define their respective duties and authority and the amount of their
compensation; and generally to do all things in regard to the powers granted pursuant to
proposed law.
Present law authorizes any political subdivision which is authorized to own public facilities to
finance or refinance the acquisition, construction, improvement, rehabilitation, repair, or enlargement
of such facilities by entering a sale, sale-back, lease, or sublease transaction or other agreement or
any combination thereof with any public corporation, joint commission, or public trust provided that
any such agreement contains a provision that the political subdivision will make a good faith effort
to appropriate funds sufficient to pay all amounts due under the agreement but that failure to do so shall not constitute a default.  Provides that the purpose of such agreements shall be to facilitate the
issuance of bonds by any public corporation, joint commission, or public trust on behalf of the
political subdivision.  Provides further with respect to such agreements including provisions for use
and control of the facility and title to the facility.  Authorizes the state treasurer to withhold state aid
funds from the political subdivision and pay such funds to the public corporation, joint commission,
or public trust which is party to such agreement if and in the exact amount that the political
subdivision fails to make required payments to the public corporation, joint commission, or public
trust.  Proposed law authorizes the district to enter such agreements.
Proposed law authorizes the district, in accordance with present law and subject to voter approval,
to levy ad valorem and sales and use taxes.  Proposed law requires that any tax proposition submitted
to the voters state the rate, duration, and purpose of the tax as such are requested by resolution of the
district governing authority.
Proposed law authorizes the district to incur debt and fund tax revenues into bonds in accordance
with present law.  Provides that a proposition authorizing bonds secured by a sales and use tax shall
state the amount of bonds to be issued.
Proposed law provides that the district governing authority shall exercise the authority granted in
proposed law to the extent that revenues for such exercise are approved by the voters, and that the
parish shall not exercise any authority which conflicts with such exercise.  Further provides that to
the extent that sufficient revenues are not authorized, the parish may exercise its own authority with
respect to the acquisition, construction, renovation, operation, or maintenance of a parish courthouse.
Proposed law provides that the district shall be subject to audit in accordance with present law.
(Adds R.S. 33:4715.3)