HLS 19RS-683 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 539
BY REPRESENTATIVE MARCELLE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TAX INCREMENT FINANCING: Provides relative to tax increment financing in certain
parishes
1 AN ACT
2To enact R.S. 33:9038.43, relative to tax increment financing in certain parishes; to
3 authorize the parish governing authority to take certain actions with respect to such
4 financing including creation of districts, levy of taxes, issuance of bonds, and
5 entering cooperative endeavor agreements; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 33:9038.43 is hereby enacted to read as follows:
8 ยง9038.43. Tax increment financing; certain parishes
9 A. The governing authority of a parish with a population of more than four
10 hundred thirty-five thousand persons as established by the most recent federal
11 decennial census may create an economic development district that incorporates
12 property in the parish to provide for cooperative economic and community
13 development among the district, the parish, the state, and owners of property in the
14 district. Such a district shall be a political subdivision of the state having all of the
15 rights, powers, privileges, and immunities accorded by law and the Constitution of
16 Louisiana to political subdivisions of the state, subject to the limitations provided in
17 this Section.
18 B. A district created pursuant to this Section shall be governed by a board
19 of commissioners that is comprised of the chief executive of the parish, the pro
20 tempore of the chief executive of the parish, the member of the parish governing
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HB NO. 539
1 authority in whose district the economic development district is wholly or primarily
2 located or the designees of such officials.
3 C. A district created pursuant to this Section shall have and exercise all
4 powers of a political subdivision necessary or convenient for the carrying out of its
5 objects and purposes, including but not limited to the following:
6 (1) To sue and to be sued.
7 (2) To adopt, use, and alter at will a corporate seal.
8 (3) To acquire by gift, grant, purchase, or otherwise all property, including
9 rights of way, and to hold and use any franchise or property, movable, immovable,
10 or mixed, corporeal or incorporeal, or any interest therein.
11 (4) To enter into contracts for the purchase, acquisition, construction, and
12 improvement of works and facilities necessary in connection with the purposes of the
13 district.
14 (5) In its own name and on its own behalf to incur debt and to issue revenue
15 bonds, special assessment bonds, certificates, notes, and other evidences of
16 indebtedness and to levy and cause to be collected certain taxes as provided in this
17 Section and as may be provided by general law.
18 (6) To regulate the imposition of fees and rentals charged by the district for
19 its facilities and services rendered by it.
20 (7) To borrow money and pledge all or part of its revenues, leases, rents, or
21 other advantages as security for such loans.
22 (8) To appoint officers, agents, and employees, prescribe their duties, and fix
23 their compensation.
24 (9) To develop public improvement projects that will result in the
25 redevelopment of property and the growth of commerce in the district.
26 (10) To exercise any and all of the powers granted to an economic
27 development district established pursuant to this Part, including but not limited to the
28 powers of tax increment financing pursuant to R.S. 33:9038.33 and 9038.34 and the
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HB NO. 539
1 power to levy taxes within the district pursuant to R.S. 33:9038.39. The district shall
2 exercise such powers in accordance with the provisions of this Part.
3 (11) To exercise any and all of the powers granted to a community
4 development district pursuant to Chapter 27-B of this Title, including but not limited
5 to the power to levy special assessments on property within the district pursuant to
6 R.S. 33:9039.29. The district shall exercise such powers in accordance with the
7 provisions of Chapter 27-B of this Title.
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 539 Original 2019 Regular Session Marcelle
Abstract: Authorizes certain parishes to provide for tax increment financing.
Proposed law authorizes the governing authority of a parish with a population of more than
435,000 to create an economic development district to provide for cooperative economic and
community development among the district, the parish, the state, and owners of property in
the district. Provides that such a district shall be governed by a board of commissioners that
is comprised of the chief executive of the parish, the pro tempore of the chief executive, the
member of the parish governing authority in whose district the economic development
district is wholly or primarily located or the designees of such officials.
Proposed law provides that the powers and duties of such a district are those of a political
subdivision. Provides that its powers and duties include:
(1)To develop public improvement projects that will result in the redevelopment of
property and the growth of commerce in the district.
(2)To exercise the powers granted to an economic development district established
pursuant to present law. (Present law authorizes such a district to utilize tax
increment financing. Further authorizes a district to levy ad valorem taxes up to five
mills, sales taxes up to 2%, and hotel occupancy taxes up to 2%, all subject to voter
approval unless there are no voters in the district.)
(3)To exercise the powers granted to a community development district established
pursuant present law. (Present law authorizes such a district to finance, construct,
and operate various public facilities and authorizes the levy of special property
assessments, based on proportionate benefit from the facility, to fund such activities.)
(Adds R.S. 33:9038.43)
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