Louisiana Regional Flood Protection Authorities Act, Amendment 3 (September 2006)

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Louisiana Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
Louisiana Amendment 3 (Primary), also known as the Regional Flood Protection Authorities Act, was on the September 30, 2006 primary election ballot in Louisiana as a legislatively-referred constitutional amendment, where it was approved.[1]

Election results

Amendment 3, Primary
ResultVotesPercentage
Approveda Yes 513,180 81%
No122,20619%

Text of measure

The language that appeared on the ballot:

To be considered in the September 30, 2006 primary election. To authorize the legislature to establish regional flood protection authorities and provide for its governing authority, powers, duties, and functions, for the governing authority of levee districts within the territorial jurisdiction of the regional authority, and authorizing ad valorem taxes subject to voter approval. (Amends Article VI, Sections 38(A)(1) and 39 and adds Article VI, Section 38.1)

SENATE BILL NO. 9, FIRST EXTRAORDINARY SESSION, 2006

Present Constitution authorizes the legislature to provide by law for the consolidation, division, or reorganization of existing levee districts or the creation of new levee districts.

Proposed Constitutional Amendment retains present law and authorizes the legislature to establish by law regional flood protection authorities with territorial jurisdiction limited to parishes and levee districts which are situated entirely or partially within the coastal zone as described in R.S. 49:214.24 as of the effective date of this proposed constitutional amendment and provide for their territorial jurisdiction.

Present Constitution requires the members of the board of commissioners of a district to be appointed or elected from among residents of the district, as provided by law. Proposed Constitutional Amendment provides an exception to the requirement that the members of the board of commissioners be appointed or elected from among residents of the district, as provided by law, for the board of commissioners of a regional flood protection authority.

Proposed Constitutional Amendment authorizes the legislature by law to establish regional flood protection authorities and provide for their territorial jurisdiction, governing authority, powers, duties, and functions for the purpose of constructing and maintaining levees, levee drainage, flood protection, and hurricane flood protection within the territorial jurisdiction of the authority and for other purposes incidental thereto. Further provides that each authority shall be governed by a board of commissioners which shall also be the governing authority of each levee district within the territorial jurisdiction of the authority.

Proposed Constitutional Amendment also authorizes the legislature by law to include within the territorial jurisdiction of the regional flood protection authority one or more parishes or portions of parishes which are included in one or more levee districts that are not included within the territorial jurisdiction of the authority. Further provides that the inclusion of parishes or portions of parishes shall not affect the authority of the respective levee district: (a) to levy taxes in such areas nor prohibit the levy of taxes as provided in this proposed constitutional amendment in such areas, (b) to employ and provide for its employees, or (c) to own, construct, and maintain its property.

Proposed Constitutional Amendment authorizes the board of commissioners of the authority to levy annually property taxes on property that is not exempt from taxation situated within the territorial jurisdiction of the authority. Provides that the necessity and the levy and rate of the tax or any increase shall be subject to the constitutional provisions on homestead exemptions and exemption from ad valorem taxation, and requires submission of the proposed tax or increase to the electors within the authority. Further provides that the tax or increase shall take effect only if approved by: (1) a majority of the electors voting within that authority, and (2) each of the parishes in that authority by a majority of the electors voting in each parish, in an election held for that purpose. Proposed Constitutional Amendment authorizes the legislature to appropriate up to $500,000 annually to regional flood protection authorities from the Coastal Protection and Restoration Fund. Also provides that no action taken under this proposed constitutional amendment shall impair the obligation of outstanding bonded indebtedness or any other contract of a levee district. Proposed Constitutional Amendment also includes regional flood protection authorities in the definition of "levee district."

Present Constitution authorizes the governing authority of a levee district to levy annually a tax not to exceed 5 mills for the purpose of constructing and maintaining levees, levee drainage, flood protection, hurricane flood protection and other purposes incidental thereto, with the exception of the Board of Levee Commissioners of the Orleans Levee District which may levy annually a tax not to exceed 2 and 1/2 mills. Further provides that the tax may be increased if the necessity to raise additional funds arises in any levee district for any purpose set forth above or for any other purpose related to the district's authorized powers and functions as specified by law. Also provides that the necessity and the rate of tax increase shall be submitted to the electors of the district and the increase shall take effect only if approved by a majority of the electors voting in an election held for that purpose. Proposed Constitutional Amendment retains present law for the levee districts created prior to January 1, 2006.

Proposed Constitutional Amendment applies to the governing authority of a levee district created after January 1, 2006, and authorizes the governing authority to annually levy a tax on all property not exempt from taxation situated within the alluvial portions of the district subject to overflow for the purpose of constructing and maintaining levees, levee drainage, flood protection, hurricane flood protection, and for all other purposes incidental thereto. However, a district shall not levy such a tax or increase the rate of such tax unless the levy or increase is approved by a majority of the electors of the district who vote in an election held for that purpose. Also provides that the approval by a majority of the electors who vote in each parish comprising the district is required for any such levy or increase if the district is comprised of territory in more than one parish.

See also

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