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2025 Regular Session
SENATE BILL NO. 187
BY SENATOR BOUDREAUX
SPECIAL DISTRICTS. Provides for the creation of the St. Martin Parish Economic and
Industrial Development District. (8/1/25)
1 AN ACT
2 To enact Subpart B-50 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes
3 of 1950, to be comprised of R.S. 33:130.883 through 130.889, relative to economic
4 development districts in St. Martin Parish; to create the St. Martin Parish Economic
5 and Industrial Development District as a political subdivision of the state; to provide
6 for the district boundaries, purpose, and governance; to provide relative to the
7 authority, powers, duties and functions of the board of commissioners; to provide
8 relative to the economic plans and projects; to provide relative to powers of the
9 district, including the power of taxation with voter approval; to provide relative to
10 the authorization of the district to issue and sell bonds and other debt obligations;
11 and to provide for related matters.
12 Notice of intention to introduce this Act has been published.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. Subpart B-50 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised
15 Statutes of 1950, comprised of R.S. 33:130.883 through 130.889, is hereby enacted to read
16 as follows:
17 SUBPART B-50. ST. MARTIN PARISH ECONOMIC AND
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1 INDUSTRIAL DEVELOP MENT DISTRICT
2 §130.883. St. Martin Parish Economic and Industrial Development District
3 A.(1) There is hereby created a body politic and corporate of the state
4 which shall exist in perpetuity and be known as the St. Martin Parish Economic
5 and Industrial Development District, hereinafter referred to as the "district".
6 The district shall comprise all of the territory located within St. Martin Parish.
7 The district shall be a political subdivision of the state as defined in Article VI,
8 Section 44(2) of the Constitution of Louisiana. Pursuant to Article VI, Sections
9 19 and 20 of the Constitution of Louisiana, the district, acting through its board
10 of commissioners, the governing authority of the district, is hereby granted all
11 of the rights, powers, privileges, and immunities accorded by law and the
12 Constitution of Louisiana to political subdivisions of the state, including the
13 powers of taxation and issuance of revenue and general obligation bonds.
14 B. The district is established for the primary purpose of stimulating
15 industrial and commercial development in St. Martin Parish. In the pursuit of
16 this goal, special attention shall be focused on developing stable and more
17 extensive employment opportunities, promoting economic development in
18 disadvantaged communities, improving infrastructure, and promoting the
19 overall welfare of the citizens of the parish.
20 §130.884. Board of commissioners; members; officers; employees
21 A.(1) In order for the development and effectuation of the services to be
22 furnished by the district and to provide for the representation in the affairs of
23 the district of those persons and interests immediately concerned with and
24 affected by the purposes and development of the district, there is hereby
25 authorized to be created a board of commissioners for the district, hereinafter
26 referred to as the "board".
27 (2) Each commissioner shall be a qualified voter and taxpayer within the
28 limits of the district during his term of office and shall reside in St. Martin
29 Parish. In making appointments to the commission, the appointing authorities
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1 shall make every effort within the law to provide for racial and gender diversity
2 among commissioners and shall make reasonable efforts to ensure that the
3 racial proportion of the appointees reflects the same racial proportion of St.
4 Martin Parish.
5 (3) The commissioners of the board shall be determined as follows:
6 (a) The St. Martin Parish Council shall, as a collective body, appoint two
7 commissioners.
8 (b) The St. Martin Parish School Board shall, as a collective body,
9 appoint three commissioners.
10 (c) The St. Martin Parish Sheriff shall, as a collective body, appoint one
11 commissioner.
12 (d) The Breaux Bridge City Council shall, as a collective body, appoint
13 one commissioner.
14 (e) The St. Martinville City Council shall, as a collective body, appoint
15 one commissioner.
16 (f) The village of Parks Council shall, as a collective body, appoint one
17 commissioner.
18 B. The power and authority to appoint commissioners shall not be
19 construed to confer on the appointing authority any direction, control, or other
20 influence over the district or board not specifically provided herein or otherwise
21 provided by law. Furthermore, current members of all appointing authorities
22 may not serve as commissioners.
23 C. The members of the board of the St. Martin Economic Development
24 Authority serving on January 1, 2025, shall comprise the initial membership of
25 the board created pursuant to this Section in accordance with the following:
26 (1) Each member shall retain his board position and shall serve the
27 remainder and duration of his applicable term.
28 (2) All commissioners appointed to the board, other than to fill a
29 vacancy, shall serve three-year terms.
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1 (3) If a member vacates the board position prior to the end of his term,
2 the position shall be filled in accordance with Paragraph D of this Subsection.
3 D. The sitting members of the board shall fill any vacancy not caused by
4 the normal expiration of a commissioner's term within forty-five days by
5 appointing an interim board member who shall serve the remaining term of the
6 vacating commissioner. A commissioner appointed in an interim capacity shall,
7 upon the expiration of his interim term, be eligible for reappointment.
8 E. Each member of the board may receive reimbursement for expenses
9 incurred in the performance of his duties, provided such duties are authorized
10 and approved by the board. No board member shall be paid a salary for serving
11 on the board.
12 F.(1) The board shall elect from among its members a chairman, a vice
13 chairman, a secretary, and a treasurer whose duties shall be those usual to such
14 offices. The offices of secretary and treasurer may be combined.
15 (2)(a) The board of commissioners may annually elect an executive
16 committee from the board of commissioners consisting of up to five
17 commissioners. The executive committee shall be the elected officers plus two
18 other persons selected from the board of commissioners.
19 (b) The executive committee shall exercise all powers of the board of
20 commissioners between meetings including budget expenditures. A report shall
21 be made to the full board of commissioners at least every ninety days.
22 (c) A quorum of the executive committee shall be a simple majority of
23 the executive committee.
24 (d) The executive committee shall serve until their successors are elected
25 and qualified.
26 G. The board or the executive committee shall meet in regular session
27 every other month and shall also meet in special session as often as the
28 chairman of the board convenes them or on the written request of the
29 commissioners. The board of commissioners shall have a minimum of one
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1 meeting every three months. Any commissioner shall be entitled to attend any
2 other meeting of the executive committee meeting. Five or more members of the
3 board shall constitute a quorum for the transaction of any and all business of
4 the board of commissioners.
5 H. The board shall prescribe rules and bylaws to govern its meetings and
6 activities. The board may amend or repeal its rules. The board may authorize
7 attendance and participation in meetings by telephone or electronic means.
8 I. A commissioner, member of his immediate family, and employees of
9 the district are prohibited from bidding on or entering into any contract, or
10 other transaction that is under the supervision or jurisdiction of the district. If
11 any commissioner or employee of the district owns or controls any interest,
12 direct or indirect, in any property later included in any project under the
13 jurisdiction of the district or has interest in any contract for materials or
14 services to be furnished or used in connection with any project, he shall disclose
15 the same in writing to the board. Failure to disclose shall constitute misconduct
16 in office. After disclosure, a commissioner shall not vote on any issue or
17 expenditure of funds relating to such property or interest.
18 J. A commissioner may be removed from office for just cause, but only
19 after the commissioner has been given a copy of the charges against him and has
20 had an opportunity to be heard in person by counsel before the board.
21 K. Elected officials are prohibited from serving on the board of
22 commissioners.
23 §130.885. Powers of district
24 A. The district, acting by and through its board of commissioners or its
25 executive committee, shall have and exercise all powers of a political subdivision
26 necessary or convenient to implement its objects and purposes, including but
27 not limited to rights and powers set out in this Subpart:
28 (1) To sue and be sued.
29 (2) To adopt, use, and alter at will a corporate seal.
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1 (3) To acquire by gift, grant, purchase, lease, option, bequest, mortgage
2 device, exchange, or sale, or otherwise all property, including rights-of-way, and
3 to hold and use any franchise or property, real, personal, or mixed, tangible or
4 intangible, or any interest therein, necessary or desirable for carrying out the
5 objects and purposes of the district, including but not limited to the
6 establishment, maintenance, and operation of businesses, warehouses, housing
7 programs, or industrial parks and all types of terminals. The district may
8 provide industrial incentives, below market leases, loans, grants, and
9 infrastructure.
10 (4) To purchase, acquire, construct, improve, equip, and furnish works
11 and facilities necessary to achieve the purposes of the district, including
12 economic development projects.
13 (5) To require and issue licenses with respect to the use of its properties
14 and facilities.
15 (6) To regulate the imposition of fees and rentals charged by the district
16 for the facilities and services rendered by it.
17 (7) To appoint, contract with, or employ officers, attorneys, clerks,
18 engineers, deputy commissioners, a director, and other agents and employees,
19 prescribe their duties, and fix their compensation and terms of employment.
20 (8) To provide or arrange or contract for the furnishing or repair by any
21 person or agency, public or private, of or for services, privileges, or works on
22 streets, roads, public utilities, or other facilities for or in connection with a
23 redevelopment project to install, construct, and reconstruct streets, utilities,
24 parks, playgrounds, and other public improvements.
25 (9) To establish business and industry foundations or nonprofit economic
26 development corporations, for the purpose of providing venture capital, equity
27 loans, or financing, and to take stock as security for an equity position in start-
28 up and expanding businesses and industries; the purpose being to help establish
29 sound, financially stable businesses and industries which will employ, at least
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1 fifty percent of their work force, residents from St. Martin Parish and
2 surrounding parishes. The foundation may enter into contractual agreements
3 for intervention in the event of a negative cash flow by the business industry.
4 B. In order to provide growth and development of the district and the
5 prosperity and welfare of the people of the district, to expand, restore, improve,
6 and develop existing housing, commercial, and industrial structures within the
7 district, and to encourage the fullest use of underutilized resources, and in order
8 to improve communication and coordination among the economic and human
9 development efforts of state, federal, and local governments and to encourage
10 maximum local participation in the development and coordination of federal,
11 state, regional, and local programs in Louisiana and in order to better
12 coordinate state plans and programs with one another, as well as with programs
13 in the federal, regional, local, and private sectors, the district, acting by and
14 through the board shall:
15 (1) Make recommendations concerning natural and environmental
16 factors, needs, and trends of business and industry, housing needs, social or
17 educational trends, population, or other developments; the habits and lifestyles
18 of the people of the district; the relation of land use within the district as it
19 relates to the parish as a whole; areas for the concentration of wholesale, retail,
20 housing, business, and other commercial or industrial uses; and areas for
21 recreational uses and for spaces and areas of mixed uses.
22 (2) Make recommendations concerning the need for and the proposed
23 general location of public and private works and facilities or to provide those
24 facilities.
25 (3) Make or assist in studies and investigations of the resources of the
26 district and the existing and emerging problems of industry, commerce,
27 transportation, population, housing, and public service affecting the
28 redevelopment of the district, and in making such studies to seek the
29 cooperation and collaboration of the appropriate departments, agencies, and
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1 instrumentalities of federal, state, and local government, educational
2 institutions, research organizations, whether public or private, and of civic
3 groups and private persons and organizations. The district may implement said
4 plans, programs, and objectives.
5 (4) Prepare, and from time to time revise, inventory listings of the
6 district's resources and of the major public and private works and facilities of
7 all kinds which are deemed necessary to the redevelopment of the district.
8 (5) Cooperate and confer with and upon request supply information to
9 federal agencies and to local and regional agencies created pursuant to a federal
10 program or which receive federal support, and cooperate and confer, as far as
11 possible, with economic development districts in and outside of the state.
12 (6) Advise and supply information, as far as available, to civic groups
13 and private persons and organizations who may request such information or
14 advice, and who study or otherwise concern themselves with the district's
15 problems and development of the fields of business and industry, labor, natural
16 resources, urban growth, public facilities, recreational facilities, housing, and
17 public service activities such as public health and education, insofar as such
18 problems and development may be relevant to the district's redevelopment.
19 (7) Provide information to officials of departments, agencies, and
20 instrumentalities of state and local government and to the public at large, in
21 order to foster public awareness and understanding of the objectives of the
22 district in order to stimulate public interest and participation in the orderly,
23 integrated development of the district.
24 (8) Accept and receive, in furtherance of its functions, funds, grants, and
25 services from the federal government or its agencies, from departments,
26 agencies, and instrumentalities of state, parish, municipal, or local government,
27 or from private or civic sources.
28 (9) Solicit the assistance and active cooperation of industry and private
29 organizations in creating public-private partnerships which could assist in
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1 economic development within the district.
2 (10) Hold public hearings and sponsor public forums whenever it deems
3 necessary or useful in the execution of its functions.
4 (11) Exercise all other powers necessary and proper for the discharge of
5 its duties.
6 C.(1) The district, acting by and through the board or the executive
7 committee, may prepare or cause to be prepared a revitalization plan specifying
8 the private, nonprofit, or public improvements, facilities, or services proposed
9 to be furnished, operated, maintained, constructed, renovated, or acquired by
10 the district and shall conduct such public hearings, publish such notice with
11 respect thereto, and disseminate such information as it may deem appropriate
12 or advisable and in the public interest.
13 (2) Any plan may specify and encompass any public services, capital
14 improvements, and facilities which a parish may undertake, furnish, or provide
15 under the constitution and laws of the state, and such specified public services,
16 capital improvements, and facilities shall be special and in addition to all
17 services, improvements, and facilities which the parish is then furnishing or
18 providing or may then or in the future be obligated to furnish or provide within
19 the district.
20 (3) Any plan may include:
21 (a) A program to implement the plan in such a manner to aid and
22 encourage private development within the district, to enhance and improve
23 residential neighborhoods within the district, and to promote and coordinate
24 public development.
25 (b) An estimate of the annual and total cost of acquiring, constructing,
26 renovating, furnishing, operating, or maintaining the services, improvements,
27 or facilities set forth therein.
28 (c) An estimate of the total revenue required to implement the plan for
29 furnishing the specified services and for capital improvements, debt service, or
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1 both, including the proportion of the revenue to be set aside and dedicated to
2 paying the cost of furnishing-specified services and proportion of such revenue
3 to be set aside and dedicated to paying the cost of capital improvements or
4 paying the cost of debt service on any bonds to be issued to pay the costs of
5 capital improvements.
6 (d) A list of the services, professional and otherwise, proposed to be
7 rendered, an estimate of the aggregate of the proposed expense of such services,
8 and an estimate of other expenses of the board required for the implementation
9 of the plan.
10 (e) A proposed budget of income and expenditures specifying the source
11 of funding, including the amount and duration of any proposed ad valorem tax,
12 sales and use tax, parcel fee, service charge or rates of service charges, or any
13 combination thereof.
14 (4)(a) The board may submit the proposed plan to the governing
15 authority of the parish for review and comment as to whether the plan is
16 consistent with its respective comprehensive plans. Within thirty days after the
17 receipt of the proposed plan, the governing authority shall submit its written
18 findings as to whether or not the plan or any portion or detail thereof is
19 inconsistent with its comprehensive plan, together with its written comments
20 and recommendations with respect thereto to the board.
21 (b) After receipt of the recommendations of the governing authority, the
22 board shall review and consider the plan together with the written comments
23 and recommendations. The board may modify the proposed plan based on such
24 comments and recommendations and may thereafter proceed with plans,
25 programs, and objectives to foster economic development and revitalization.
26 §130.886. Economic inducement and redevelopment
27 A. The district may construct and acquire facilities, including the
28 acquisition of sites and other necessary property or appurtenances thereto
29 within the district, or outside the district if the project is undertaken conjointly
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1 with other local units of government, under the authority of the local services
2 law, R.S. 33:1321 et seq., or other authorizing authority, and to acquire,
3 construct, improve, operate, maintain, and provide improvements and services
4 necessary therefor, including but not limited to roads, street lighting, bridges,
5 rail facilities, parks, playgrounds, tourism facilities, drainage, sewerage disposal
6 facilities, solid waste disposal facilities, waterworks, and other utilities and
7 related properties.
8 B. The district may sell, lease, contract for the use or otherwise dispose
9 of, by suitable and appropriate contract, to any enterprise locating or existing
10 within the district, all or any part of a site, building, or other property owned
11 by the district. In determining the consideration for any contract to lease, sell,
12 or otherwise dispose of lands, buildings, or other property of the district, the
13 board may take into consideration the value of the lands, buildings, or other
14 properties involved as well as the potential value of the economic impact of the
15 enterprise being induced to locate or expand within the district. Such economic
16 impact may include increased employment, increased use of local labor, wages
17 and salaries to be paid, consumption of local materials, products, and resources,
18 and special tax revenues to be generated by the enterprise acquiring or leasing
19 lands, buildings, or other property from the district. The district may enter into
20 mortgages, credit sales, sale lease backs, or leases.
21 C. The district may:
22 (1) Lease or contract for the use of any or all of its authorized projects
23 and charge and collect rent, fees, or charges therefor, and terminate any such
24 lease or contractual arrangement upon the failure of the lessee or contracting
25 party to comply with any of the obligations thereof all as may be provided for
26 in the lease agreement to which the district may become a part. The district may
27 provide for a grace period prior to or in the event of a default or a restructuring
28 of the obligation, contract, or indebtedness.
29 (2) Sell, exchange, donate, grant, and convey any or all of its projects
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1 upon such terms and conditions as the board may deem advisable, including the
2 power to receive for any such sale the first mortgage note or notes of the
3 purchaser of a project representing unpaid installments of the purchase price
4 due by the purchaser to the district whenever the board finds any such actions
5 to be in furtherance of the purposes for which the district was organized. The
6 district may acquire resources for resale or lease by entering into credit sales
7 agreements.
8 (3) As security for the payment of the principal of and interest on any
9 bonds, notes, or other obligations of the district and any agreements made in
10 connection therewith, mortgage and pledge any or all of its projects or any part
11 or parts thereof, whether then owned or thereafter acquired, and to pledge the
12 revenues and receipts therefrom or from any other source.
13 D. The resolution adopted by the board or the executive committee
14 authorizing any lease, sale, or other disposition of lands, buildings, or other
15 property of the district or any attachment thereto shall set forth, in a general
16 way, the terms of the authorized lease, sale, or other disposition, and such
17 resolution shall be published as soon as possible in one issue of the official
18 journal of the district. For a period of thirty days from the date of publication
19 of any such resolution, any interested person may contest the legality of such
20 resolution, after which time no person shall have any cause of action to contest
21 the legality of said resolution or to draw in question the legality of the
22 authorized lease, sale, or other disposition of district property for any cause
23 whatsoever. It shall be conclusively presumed thereafter that every legal
24 requirement has been complied with and no court shall have authority to
25 inquire into such matters after the lapse of said thirty days.
26 §130.887. Taxes; borrowing money
27 A. The board of commissioners may, when necessary, levy annually an
28 ad valorem tax, provided that the amount, term, and purpose of said tax, as set
29 out in a proposition submitted to the electors in accordance with the Louisiana
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1 Election Code, shall be approved by a majority of the qualified electors voting
2 in an election held for that purpose.
3 B.(1) The board of commissioners may, subject to approval of a majority
4 of the electors voting at an election held for the purpose, levy and collect a sales
5 and use tax within the boundaries of the district for such purposes and at such
6 rate as provided by the proposition authorizing its levy, not exceeding one
7 percent, which tax may exceed the limitation set forth in Article VI, Section
8 29(A) of the Constitution of Louisiana.
9 (2) The tax shall be levied upon the sale at retail, the use, the lease or
10 rental, the consumption, the distribution and storage for use or consumption of
11 tangible personal property, and upon the sales of services within the district, all
12 as presently defined in R.S. 47:301 through 317.
13 (3) Except where inapplicable, the procedure established by R.S. 47:301
14 through 317 shall be followed in the imposition, collection, and enforcement of
15 the tax, and procedural details necessary to supplement the provisions of R.S.
16 47:301 through 317 and to make them applicable to the tax herein authorized
17 shall be fixed in the resolution imposing the tax.
18 (4) The tax shall be imposed and collected uniformly throughout the
19 district. However, a special taxing district may be established for a particular
20 plan, program, objective, or specific development within the district.
21 C. All funds derived under this Section may be used only for expenses or
22 specified purposes of the district. The board of commissioners may establish
23 and maintain, in addition to all necessary and normal accounts, the following
24 special accounts:
25 (1) A revolving loan guarantee fund, to be used to guarantee business,
26 housing, industrial or business terminal development loans to the extent
27 permitted by the Constitution of Louisiana under the following guidelines:
28 (a) The district may loan or grant funds to businesses, industries,
29 manufacturing firms, housing programs, and wholesale distribution firms and
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1 service firms.
2 (b) Loan guarantees shall be used to assist an identifiable business
3 concern to finance plant construction, conversion, or expansion and to finance
4 acquisition of land, existing structures, machinery, or equipment and to provide
5 operational funds.
6 (c) The terms and rates shall be compatible with loans offered by local
7 lending institutions, and the guarantee shall never exceed forty percent of the
8 cost of the total project. In addition, the district shall attempt to obtain the most
9 favorable security available under the circumstances to protect and ensure the
10 recovery of its commitment under the guarantee.
11 (d) Loan guarantees may be evaluated for the economic impact in terms
12 of the number and types of jobs created or saved.
13 (e) Loan guarantees shall be made to leverage other sources of private
14 and public capital to attain the greatest economic impact possible with the
15 limited funds available.
16 (f) Loan guarantees shall be targeted to industries, manufacturing firms,
17 and wholesale distribution firms and service firms.
18 (g) No project may be considered unless the project will be constructed
19 and maintained by persons at least fifty percent of whom are residents of the
20 parish of St. Martin and at least fifty percent of the goods and services for
21 maintenance of the project are obtained from a supplier domiciled within said
22 parish, except where not reasonably possible to do so without substantial added
23 expense, substantial inconvenience, or substantial sacrifice in operational
24 efficiency. The district executive committee or board of commissioners may
25 evaluate a development or project and waive the provisions of the
26 Subparagraph.
27 (h) The lending or underwriting principals shall have such demonstrated
28 experience, ability, and net worth as would allow for the success, continuation,
29 security, and solvency of the program. Prudent lending and underwriting
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1 standards shall be applied in order to comply with the primary objectives of this
2 Section. The district is not required to obtain any right, title, or interest in any
3 real or personal property in order to pay the cost of an economic development
4 project.
5 (2) An economic development operation fund, for the development and
6 attraction of industries to accomplish the following:
7 (a) The operational fund shall be used for operating expenses necessary
8 in the creation of industrial and commercial development, in hiring sufficient
9 staff to accomplish the purposes set out in this Subpart, and other related
10 expenses.
11 (b) The operational fund may also be utilized in contracting for services
12 as may be required by the district, including but not limited to planning
13 assistance, surveys, land use studies, professional and technical services,
14 construction contracting, and other services necessary to effectuate a strategic
15 plan or an industrial development plan for a specific industry which has
16 submitted a plan to the board of commissioners.
17 (3) An account for the maintenance and operation of a governmental
18 procurement center to provide necessary information to companies and
19 individuals engaged in providing services and goods to accomplish the
20 following:
21 (a) Pinpoint and identify potential buying centers and aid in placing the
22 company on a bidder's list for these centers and assist companies in obtaining
23 specifications for their products or services.
24 (b) Provide trained counselors to assist in acquiring solicitation and bid
25 packages and conduct seminars designed to disseminate other information
26 needed by the target companies and individuals.
27 D. Any tax levied under this Section shall be in addition to all other taxes
28 which the city, parish, or any other political subdivision within the parish of St.
29 Martin are now or hereafter authorized to levy and collect.
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1 §130.888. Obligations of the district
2 A. The district shall have authority to incur debt for any one or more of
3 its lawful purposes set forth in this Subpart, to issue in its name negotiable
4 bonds, notes, certificates of indebtedness, or other evidences of debt and to
5 provide for the security and payment thereof.
6 B.(1) The district may in its own name and behalf incur debt and issue
7 general obligation ad valorem property tax secured bonds under the authority
8 of and subject to the provisions of Article VI, Section 33 of the Constitution of
9 Louisiana, and Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of
10 the Louisiana Revised Statutes of 1950, when approved by a majority of the
11 qualified voters who vote in a special or general election called and conducted
12 under the authority of the Louisiana Election Code, including Chapter 6-A of
13 Title 18 of the Louisiana Revised Statutes of 1950. General obligation bonds of
14 the district may be issued for any of the purposes for which the district is
15 created or is authorized to act under any provisions of this Subpart, all of which
16 purposes are hereby found and declared to be public purposes and functions of
17 the state of Louisiana, which are delegated to the district.
18 (2) The district may in its own name and behalf, issue revenue bonds for
19 the purposes for which the district is created or is authorized to act under any
20 of the provisions of this Subpart, including improvement revenue bonds. Said
21 bonds shall be issued in the manner as provided in R.S. 39:991 through 1001
22 and R.S. 39:1011 through 1024. When approved by the State Bond Commission
23 the bonds may be tax free or regular business or industrial revenue bonds with
24 or without the full faith and credit of the taxing district.
25 (3) The district may in its own name and behalf, borrow from time to
26 time in the form of certificates of indebtedness. The certificates shall be secured
27 by the dedication and pledge of moneys of the district derived from any lawful
28 sources, including fees, lease rentals, service charges, mortgages, local service
29 agreement payments from one or more other contracting parties, the avails of
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1 sales or use taxes, ad valorem property taxation, or any combination of such
2 sources of income, provided that the term of such certificates shall not exceed
3 twenty years and the annual debt service on the amount borrowed shall not
4 exceed the anticipated revenues to be dedicated and pledged to the payment of
5 the certificates of indebtedness, as shall be estimated by the board of
6 commissioners or the executive committee of the district at the time of the
7 adoption of the resolution authorizing the issuance of such certificates. The
8 estimate of the board of commissioners or the executive committee referred to
9 in the authorizing resolution shall be conclusive for all purposes of this Section.
10 (4) The district may borrow the amount of the anticipated ad valorem
11 tax, not to exceed ten mills, authorized by R.S. 33:130.305 for a period not to
12 exceed twenty years and may issue certificates of indebtedness therefor and may
13 dedicate the avails of the tax for the payment thereof for the period of time said
14 certificates are outstanding.
15 (5) The board of commissioners, as the governing authority of the
16 district, is authorized to adopt all necessary resolutions or ordinances which
17 may be necessary for ordering, holding, canvassing, and promulgating the
18 returns of any election required for the issuance of general obligation bonds, or
19 limited tax secured obligations or for the voting of a property tax millage, or
20 sales or use taxes, which resolutions or ordinances may include covenants for
21 the security and payment of any bonds or other evidence of debt so issued.
22 (6) For a period of thirty days from the date of publication of any
23 resolution or ordinance authorizing the issuance of any bonds, certificates of
24 indebtedness, notes, or other evidence of debt of the district, any interested
25 person may contest the legality of such resolution or ordinance and the validity
26 of such bonds, certificates of indebtedness, notes, or other evidence of debt
27 issued or proposed to be issued thereunder and the security of their payment,
28 after which time no one shall have any cause of action to contest the legality of
29 said resolution or ordinance or to draw in question the legality of said bonds,
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SLS 25RS-412 ORIGINAL
1 certificates of indebtedness, notes, or other evidence of debt, the security
2 therefor, or the debts represented thereby for any cause whatsoever, and it shall
3 be conclusively presumed that every legal requirement has been complied with,
4 and no court shall have authority to inquire into such matters after the lapse of
5 thirty days.
6 (7) The issuance and sale of such bonds, certificates of indebtedness,
7 notes, or other evidence of debt by the district shall be subject to approval by
8 the State Bond Commission.
9 (8) Such bonds, certificates of indebtedness, notes, or other evidence of
10 debt shall have all the qualities of negotiable instruments under the commercial
11 laws of the state of Louisiana.
12 §130.889. Securities
13 Bonds, certificates, or other evidences of indebtedness issued by the
14 district under this Subpart are deemed to be securities of public entities within
15 the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised
16 Statutes of 1950, and shall be subject to defeasance in accordance with the
17 provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950,
18 and may be refunded in accordance with the provisions of Chapters 14-A and
19 15 of Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued
20 as short-term revenue notes of a public entity under Chapter 15-A of Title 39
21 of the Louisiana Revised Statutes of 1950.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 187 Original 2025 Regular Session Boudreaux
Proposed law provides for the creation of the St. Martin Parish Economic and Industrial
Development District.
Proposed law provides that the boundaries of the district shall be coterminous with the
boundaries St. Martin Parish.
Proposed law provides that the district is established for the primary purpose of stimulating
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SLS 25RS-412 ORIGINAL
industrial and commercial development in St. Martin Parish.
Proposed law provides that the district shall be governed by a board of directors appointed
as follows:
(1)The St. Martin Parish Council shall appoint two commissioners.
(2)The St. Martin Parish School Board shall appoint three commissioners.
(3)The St. Martin Parish Sheriff shall appoint one commissioner.
(4)The Breaux Bridge City Council shall appoint one commissioner.
(5)The St. Martinville City Council shall appoint one commissioner.
(6)The village of Parks Council shall appoint one commissioner.
Proposed law provides that the board shall prescribe rules and bylaws to govern its meetings
and activities. The board may amend or repeal its rules.
Proposed law provides that the district shall have and exercise all powers of a political
subdivision necessary or convenient to implement its objects and purposes, including but not
limited to rights and powers:
(1)To sue and be sued.
(2)To adopt, use, and alter at will a corporate seal.
(3)To acquire by gift, grant, purchase, lease, option, bequest, mortgage device,
exchange, or sale, or otherwise all property, and to hold and use any franchise or
property, real, personal, or mixed, tangible or intangible, necessary or desirable for
carrying out the objects and purposes of the district.
(4)To purchase, acquire, construct, improve, equip, and furnish works and facilities.
(5)To require and issue licenses with respect to the use of its properties and facilities.
(6)To regulate the imposition of fees and rentals charged by the district for its facilities
and services rendered by it.
(7)To appoint, contract with, or employ officers, attorneys, clerks, engineers, deputy
commissioners, a director, and other agents and employees, prescribe their duties,
and fix their compensation and terms of employment.
(8)To provide or arrange or contract for the furnishing or repair by any person or
agency, public or private, of or for services, privileges, or works on streets, roads,
public utilities, or other facilities for or in connection with a redevelopment project
to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other
public improvements.
(9)To establish business and industry foundations or nonprofit economic development
corporations, for the purpose of providing venture capital, equity loans, or financing,
and to take stock as security for an equity position in start-up and expanding
businesses and industries.
Proposed law provides that in order to provide growth and development of the district the
board shall:
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(1)Make recommendations concerning natural and environmental factors, needs, and
trends of business and industry, housing needs, social or educational trends,
population, or other developments; the habits and lifestyles of the people of the
district; the relation of land use within the district as it relates to the parish as a
whole; areas for the concentration of wholesale, retail, housing, business, and other
commercial or industrial uses; and areas for recreational uses and for spaces and
areas of mixed uses.
(2)Make recommendations concerning the need for and the proposed general location
of public and private works and facilities or to provide those facilities.
(3)Make or assist in studies and investigations of the resources of the district and the
existing and emerging problems of industry, commerce, transportation, population,
housing, and public service affecting the redevelopment of the district, and in making
such studies to seek the cooperation and collaboration of the appropriate
departments, agencies, and instrumentalities of federal, state, and local government,
educational institutions, research organizations, whether public or private, and of
civic groups and private persons and organizations.
(4)Prepare, and from time to time revise, inventory listings of the district's resources
and of the major public and private works and facilities of all kinds.
(5)Cooperate and confer with and upon request supply information to federal agencies
and to local and regional agencies, and cooperate and confer, as far as possible, with
economic development districts in and outside of the state.
(6)Advise and supply information, as far as available, to civic groups and private
persons and organizations who may request such information or advice.
(7)Provide information to officials of departments, agencies, and instrumentalities of
state and local government and to the public at large.
(8)Accept and receive, in furtherance of its functions, funds, grants, and services from
the federal government or its agencies, from departments, agencies, and
instrumentalities of state, parish, municipal, or local government, or from private or
civic sources.
(9)Solicit the assistance and active cooperation of industry and private civic
organizations which are active in anti-litter programs in the district and recycling
efforts to assist in the control and reduction of litter in the district.
(10)Hold public hearings and sponsor public forums.
(11)Exercise all other powers necessary and proper for the discharge of its duties.
Proposed law provides that the district shall have a revitalization plan.
Proposed law provides that any plan may specify and encompass any public services, capital
improvements, and facilities which a parish may undertake, furnish, or provide pursuant to
present law, and such specified public services, capital improvements, and facilities shall be
special and in addition to all services, improvements, and facilities which the parish is then
furnishing or providing or may then or in the future be obligated to furnish or provide.
Proposed law provides that the district may construct and acquire facilities.
Proposed law provides that the district may sell, lease, contract for the use or otherwise
dispose of, by suitable and appropriate contract, to any enterprise locating or existing within
the district, all or any part of a site, building, or other property owned by the district.
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Proposed law provides that district may:
(1)Lease or contract for the use of any or all of its authorized projects and charge and
collect rent, fees, or charges therefor, and terminate any such lease or contractual
arrangement upon the failure of the lessee or contracting party to comply with any
of the obligations thereof.
(2)Sell, exchange, donate, grant, and convey any or all of its projects.
(3)As security for the payment of the principal of and interest on any bonds, notes, or
other obligations of the district and any agreements made in connection therewith,
mortgage and pledge any or all of its projects or any part or parts thereof, whether
then owned or thereafter acquired, and to pledge the revenues and receipts therefrom
or from any other source.
Proposed law provides the resolution adopted by the board or the executive committee
authorizing any lease, sale, or other disposition of lands, buildings, or other property of the
district or any attachment thereto shall set forth, in a general way, the terms of the authorized
lease, sale, or other disposition, and such resolution shall be published as soon as possible
in one issue of the official journal of the district.
Proposed law provides that the board of commissioners may, when necessary, levy annually
an ad valorem tax, provided that the amount, term, and purpose of said tax, as set out in a
proposition submitted to the electors in accordance with the Louisiana Election Code, shall
be approved by a majority of the qualified electors.
Proposed law provides that the board of commissioners may, subject to approval of a
majority of the electors voting at an election held for the purpose, levy and collect a sales
and use tax within the boundaries of the district for such purposes and at such rate as
provided by the proposition authorizing its levy, not exceeding one percent, which tax may
exceed the limitation set in present constitution.
Proposed law provides that the tax shall be levied upon the sale at retail, the use, the lease
or rental, the consumption, the distribution and storage for use or consumption of tangible
personal property, and upon the sales of services within the district.
Proposed law provides that except where inapplicable, the procedure established by present
law shall be followed in the imposition, collection, and enforcement of the tax, and
procedural details necessary to supplement the provisions of present law and to make them
applicable to the tax herein authorized shall be fixed in the resolution imposing the tax.
Proposed law provides that all funds derived under proposed law may be used only for
expenses or specified purposes of the district.
Proposed law provides for a revolving loan guarantee fund, to be used to guarantee business,
housing, industrial or business terminal development loans.
Proposed law provides that the district may loan or grant funds to businesses, industries,
manufacturing firms, housing programs, and wholesale distribution firms and service firms.
Proposed law provides that any tax levied under proposed law shall be in addition to all other
taxes which the city, parish, or any other political subdivision within the parish of St. Martin
are authorized to levy and collect.
Proposed law provides that the district shall have authority to incur debt for any one or more
of its lawful purposes.
Proposed law provides that the district may in its own name and behalf incur debt and issue
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general obligation ad valorem property tax secured bonds.
Proposed law provides that the district may in its own name and behalf issue revenue bonds.
Proposed law provides that the district may in its own name and behalf borrow from time
to time in the form of certificates of indebtedness.
Proposed law provides that the district may borrow the amount of the anticipated ad valorem
tax, not to exceed 10 mills, for a period not to exceed 20 years and may issue certificates of
indebtedness.
Proposed law provides that the board of commissioners is authorized to adopt all necessary
resolutions or ordinances.
Proposed law provides that for a period of 30 days from the date of publication of any
resolution or ordinance authorizing the issuance of any bonds, certificates of indebtedness,
notes, or other evidence of debt of the district, any interested person may contest the legality
of such resolution or ordinance and the validity of such bonds, certificates of indebtedness,
notes, or other evidence of debt issued or proposed.
Proposed law provides that the issuance and sale of such bonds, certificates of indebtedness,
notes, or other evidence of debt by the district shall be subject to approval by the State Bond
Commission.
Proposed law provides that such bonds, certificates of indebtedness, notes, or other evidence
of debt shall have all the qualities of negotiable instruments pursuant to present law.
Proposed law provides that bonds, certificates, or other evidences of indebtedness issued by
the district are deemed to be securities of public entities within the meaning of present law.
Effective August 1, 2025.
(Adds R.S. 33:130.883-889)
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