Louisiana 2023 2023 Regular Session

Louisiana Senate Bill SB155 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by James Benton.
DIGEST
SB 155 Original	2023 Regular Session	Carter
Proposed law creates the Gretna Economic Development District as a political subdivision of the
state for the primary object and purpose of promoting, encouraging, and participating in local
commercial development and to stimulate economic growth through public infrastructure
investments, public amenities, and other development supportive of the Gretna Downtown and 4th
and 5th Street Corridors. Provides for territorial jurisdiction of the district throughout the parish.
Pursuant to constitutional authority, grants the district all rights and powers of political subdivisions
for economic development purposes.
Proposed law provides that the district is governed by a board of commissioners comprised as
follows:
(1)Two members shall be appointed by the mayor of Gretna.
(2)Three members shall be appointed by the Gretna city council.
(3)Two members shall be appointed by the Jefferson parish council.
(4)One member shall be appointed by the state senator representing Senate District No. 7.
(5)One member shall be appointed by the Jefferson parish economic development commission.
Proposed law provides that board members serve without compensation, but may be reimbursed
actual expenses. Permits removal of a member for cause upon favorable vote of 2/3 of the members
of the parish governing authority.
Proposed law authorizes the district to exercise all powers of a political subdivision necessary or
convenient for the carrying out of its objects and purposes, including but not limited to the following:
(1)To sue and be sued.
(2)To adopt, use, and alter at will a corporate seal.
(3)To acquire by donation, grant, purchase, or lease all property including servitudes or rights
of use and to hold and use any franchise or property necessary or desirable for carrying out
the objects and purposes of the district including but not limited to the establishment,
maintenance, and operation of industrial parks.
(4)To receive by grant, donation, or otherwise any sum of money or property, aid or assistance from the U.S., the state, or any political subdivision thereof, or any person, firm, or
corporation.
(5)To enter into contracts for the purchase, acquisition, construction, maintenance, and
improvement of works and facilities necessary in connection with the purposes of the district.
(6)In its own name and on its own behalf to incur debt and to issue general obligation bonds,
revenue bonds, certificates, notes, and other evidences of indebtedness and to levy and cause
to be collected ad valorem taxes as provided in proposed law and general law.
(7)To require and issue licenses with respect to its properties and facilities.
(8)To do any and all things necessary or proper for the government, regulation, development,
and control of the business of the district.
Proposed law provides that the district shall not be deemed to be an instrumentality of the state for
purposes of the state civil service provisions of the state constitution.
Proposed law authorizes the district to sell, lease, or otherwise dispose of, by suitable and
appropriate contract, to any enterprise locating or existing within the jurisdiction of the district all
or any part of a site, building, or other property owned by the district. In determining the
consideration for sale of property, authorizes the board to consider its value and the potential
economic impact. Prohibits the board from disposing of any property of the district for less than the
fair market value without the prior approval of the State Bond Commission.
Proposed law authorizes the district to enter into leases having a term, including all renewal terms,
not to exceed 50 years in the aggregate, with provision for rate adjustments. Requires that the
resolution or ordinance authorizing any lease, sale, or other disposition of property to set forth, in
a general way, the terms of the disposition. Requires publication of any such resolution or ordinance
in the official journal of the district. Provides for a 30-day period to contest any such resolution or
ordinance.
Proposed law provides that the district shall have the following additional powers and powers
incidental thereto:
(1)To acquire and to construct and improve, maintain, equip, and furnish economic
development projects.
(2)To lease or to contract for the use of any or all of its authorized projects and to charge and
collect rent, fees, or charges therefor.
(3)To sell, exchange, donate, and convey any or all of its projects.
(4)To mortgage and pledge any or all of its projects and to pledge the revenues and receipts
therefrom or from any other source. (5)To enter into any cooperative financing of an economic development project or cooperative
development.
Proposed law authorizes the board, subject to voter approval, to levy annually an ad valorem
tax not to exceed five mills. Provides that all funds from the tax may be used for any expenses or
purposes of the district.
Proposed law provides for special accounts to be maintained by the board.
Proposed law authorizes the district, subject to voter approval, to incur debt and issue general
obligation ad valorem property tax secured bonds for any district purpose. Authorizes the district to
issue revenue bonds for district purposes. Further authorizes the district to borrow from time to time
in the form of certificates of indebtedness. Requires that such certificates be secured by the
dedication and pledge of monies of the district derived from any lawful sources, provided that the
term of such certificates shall not exceed 10 years. Provides that the annual debt service on the
amount borrowed shall not exceed the anticipated revenues to be dedicated and pledged to the
payment of the certificates of indebtedness, as shall be estimated by the board. Authorizes the district
to borrow the amount of the anticipated ad valorem tax, not to exceed five mills for a period not to
exceed 10 years and to issue certificates of indebtedness therefor and dedicate the avails of the tax
funded for the payment thereof for the period of time the certificates are outstanding.
Proposed law exempts the district, its properties, and income therefrom, and its bonds and interest
and income therefrom from state taxation.
Proposed law provides that proposed law shall not be construed to exempt the district from
compliance with La. laws pertaining to open meetings, public records, fiscal agents, official journals,
dual officeholding and employment, public bidding for the purchase of supplies and materials, and
construction of public works, the Code of Governmental Ethics, the Right to Property in Const. Art.
I, ยง4, and the La. Election Code.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:130.890-897)