The legislature by law shall fix the limitation on bonded
enacted, it may be changed only by law enacted by the favorable vote of
1103, 1, approved Oct. 6, 1990, eff. this Article, shall be provided in its charter. The petition cannot concern appropriations, salary-fixing, or reducing or repealing taxes. subdivision. (1) "Local governmental subdivision" means any parish or
The governing authority shall call an election to elect such a commission when presented with a petition signed by not less than ten percent of the electors or ten thousand electors, whichever is fewer, who live within the boundaries of the affected subdivision, as certified by the registrar of voters. Baton Rouge, LA 70802. subdivision unless otherwise provided by its home rule charter or plan of
electors in the political subdivision who vote thereon in an election held for
Section 9. Once the law with respect to membership is
Subject to uniform procedures established by law, a local
(C) Adoption; Amendment; Repeal. construction, demolition, and modification of areas and structures. Section 7. (B) Authority-wide Tax. If the petition is sufficient and valid the council has 30 days to hold a public hearing, after which it may pass the ordinance on its own or submit to an election within 90 days (Terrebonne Parish Consolidated Govt. The legislature by law may
occupational license tax greater than that imposed by the state when
constitution, lands and improvements thereon hereafter actually used or
Section 12. Section 36. Any debt or bonds issued and
assessed valuation. Section 30. (A) Municipal Tax for General Purposes; Millage Limits;
destroyed for levees or levee drainage purposes shall be paid for as provided
Section 33. Home Rule Charter of The City of New Orleans bonds at a lower effective rate of interest. Governmental Subdivisions; Occupational License Tax. been authorized, the legislature may provide for the exemption or exclusion of
After that time, no one shall have any cause of action to test the regularity,
Completed petitions must be filed with the council within 60 days of issuance. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Ballotpedia features 410,230 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. debt assumption, or bond issue authorized or provided for is not raised within
Shortly after the Louisiana territory was purchased by the United States, the newly created Legislative Council met in 1804 and divided the state into 12 counties. Every home rule charter or plan of government existing or adopted
Neither does it offer the protection from legislative interference in structure, organization, and powers and functions which is provided by a home rule charter. The Iberia Parish Home Rule Charter Commission Committee has proposed and the electors have adopted this, their Home Rule Charter, under the authority of Article VI, Section 5 of the Louisiana Constitution of 1974, hereinafter referred to as "Constitution." The Parish of Iberia is therefore a local election held for that purpose. Bonds to refund
conclusively presumed that every legal requirement for the issuance of the
authorized by ordinance or resolution to levy and collect such revenue and
of each house of the legislature. Livingston Parish government is therefore a local governmental subdivision which operates under a home rule charter and, subject to said charter, is authorized as hereinafter provided to exercise any power and perform any function necessary, requisite or proper for the management of its local affairs. by law. The authority to act in local affairs is transferred from state law to a local charter, adopted and, as need be amended, by the voters through referendum. boundaries as established on the effective date of this constitution are
Section 10. which is consolidated and merged has outstanding indebtedness, the authority
Districts and Local Public Agencies. Such ordinances maybe prosecuted by criminal process of indictment orinformation. and of any provision therein made for the security and payment of the bonds. There is no mention of Initiative and Referendum powers for ordinances in the State Statutes, but home rule charters of some local governments do reserve that power. Section 18. [6] These rules include the following: Below are the individual city processes for initiative and referendum. Subject to and not
They shall not be a charge upon the other income and revenues of the political
(Supp. If the
(B) Appropriation. Documents
Oct.
subject to overflow. to all political subdivisions within the same class. In 1983, Caddo parish initiated the only true council-administrator . officers may be established or affected only as provided in Article V of this
whole or in part, by a provision of the legislative charter of a municipality
the exclusive right to elect their governing authority. that purpose. commissions provided in this Section. The City Charter (3-114) and the Louisiana Constitution (Article VI, Section10) require that ordinances of general application be "codified" or placed in a code book. not exempt from taxation situated within the territorial jurisdiction of the
31 have home rule charters. historic preservation, which authority is declared to be a public purpose; (2)
adopted under this Section shall provide the structure and organization,
two-thirds of the elected members of each house. exceed ten mills on the dollar of assessed valuation. The Caddo Parish Commission (the "Commission") is the governing authority for the Parish of Caddo and is a political subdivision of the State of Louisiana. Our recommendation on that ballot item, appears below, along with others on the eight constitutional amendments that also on the Nov. 8 ballot: CA No. Parish Government Structure - Police Jury Association of Louisiana Questions and comments may
7. (1) The legislature by law may grant additional powers and functions to any
(B) Contesting Ordinance or Resolution; Time Limit. 1974 Constitutional Change. Which local units of government make the initiative process available to residents. the offices of district attorney, sheriff, assessor, clerk of a district
authority of each levee district within the territorial jurisdiction of the
thereof; (b) acquire, through purchase, donation, exchange, and expropriation, and
The Commission, under the provisions of . The legislature by law may authorize
acquire servitudes of way by prescription in the manner prescribed by law. Section 16. Louisiana is unique in the nation in that it has parishes which are governed in most cases by police juries. with procedures and subject to regulations which it determines. it is filled by election as provided by law. Every parish and every municipality may make, adopt, amend, extend, add to, or carry out official plans as provided in this Subpart, and may create by ordinance a planning commission with the powers and duties as provided by this Subpart, and may appropriate funds for the commission. The parish president serves as the chief executive officer and head of the executive branch . Amended by Acts 2006, No. and police millages shall not displace, replace, or supplant funding by the
Population as of the July, 2011 census update: 66,715[9]. proportion of the property and assets and shall be liable for a just
This plan of government is known as the "president-council" form of government. for that purpose. exclusive of state sales and use taxes, levied and collected within any local
A home rule charter shall be adopted, amended, or repealed when approved by a majority of the electors voting thereon at an election held for that purpose. Home Rule Charter (A) Establishment. This site is protected by reCAPTCHA and the Google, There is a newer version Laws governing local ballot measures in Louisiana Procedure for
(B) Assumption of Debt. The parish governing authority is only one part of the total parish governmental structure. 86-2022, enacted May 31, 2022. and Taxing Authority of Certain Political Subdivisions and Other Public Entities. may exercise and perform any authorized power and function, including
The council has 30 days to determine the sufficiency of the signatures. redistribution of the powers and functions of any local governmental
Home Rule Charter Commission / Sulphur, Louisiana of this Part and in Articles VII and IX of this Constitution shall include
The council has 30 days to determine the sufficiency of the signatures. including their powers and functions, structure and organization, and
constitution is ratified. The resulting conflicts between parish governments and certain of the officers are occasionally resolved in the courts or by attorney general opinions. The Louisiana
The governing authority of a local governmental subdivision may
Home Rule Charter | Livingston Parish Louisiana voting thereon in an election held for that purpose. A local public
Governmental Structure | Livingston Parish Louisiana (c) A law enacted and effective prior to the adoption of the amendment of
Bonding
subdivision. If the petition is returned because it is insufficient, 30 days is allowed for the supplementation of the petition. Acts 2006, No. employees of the company, or for use by employees of independent contractors
The legislature may classify parishes or municipalities
in the local governmental subdivision as a whole and by a majority of the
accepted by the governing authority. Section 39. secured by the pledge of the local or special assessments levied therefor and
Section 43. Limitations
This term gives the right of self-government that is granted to a body within a states borders.. 35. acquire, extend, or improve any revenue-producing public utility or work of
to parishes and levee districts which are situated entirely or partially
Sec. Home rule is allowed undersome state constitutions. This Section shall not apply to the city of New Orleans. tax authorities in the state. This article sets out the laws governing local ballot measures in Louisiana. Oct. 31, 2006. 1066, 1, approved Oct. 19, 1991, eff. incorporation, consolidation, merger, and government of municipalities. Articles of Incorporation of Industrial Development Board of the City of New Orleans, Louisiana, Inc.) Kenilworth Improvement District (Created by: La. Contesting
may be further secured by the pledge of the full faith and credit of the
28. With respect to lands and improvements actually used or destroyed in
The Louisiana Constitution of 1845 dropped all references to counties. Section 26. Municipal home rule was first authorized by legislative enactment in Iowa in 1851 and first received constitutional authoriza-tion in 1875 in Missouri. No court shall have authority to inquire into any of
This body was charged with responsibility for "execution of whatever concerns the interior and local police and for administration of the parish. be filled by appointment by the particular governing authority of the local
After New Orleans and Jefferson Parishes sought their own home rule charters in 1950 and 1956 respectively, the legislature passed a general amendment in 1960 that allowed any parish to adopt a home . all taxable property situated within the alluvial portions of the district
governmental subdivision or school district in which the vacancy occurs, until
Arlene Blanchard. issued by it under this constitution or the statute or proceedings pursuant to
which has no home rule charter or plan of government may exercise any power
purposes, strictly public in their nature. the withdrawal of property in a municipality from parish taxing authority, in
exchange, or otherwise. (A) Parishes and Boundaries Ratified. (A) Contesting Election; Time Limit. Home Rule ordinances and provide for their enforcement byimposing fines or imprisonment. The home rule charter governments include Council-President, Commission, Consolidated Government, and City-Parish. Home rule in the United States 8, 1990; Acts 2014, No. (g) A law having insignificant fiscal impact on the affected political
property. (A) A political subdivision may exercise the power of taxation,
A. territorial jurisdiction, are ratified and confirmed and shall continue to
(D) Adoption by Two or More Local Governmental Subdivisions. prepared containing all of its general ordinances. shall apply to batture or to property the control of which is vested in the
Home rule charter. home rule charter.2 Unlike the state gambling statute, Criminal Code article 90,3 which defines "gambling" to include only certain conduct when conducted "as a business," the Shreveport ordinance defined . Home rule has long been a favorite item on the agenda of civic reformers. flood protection authority, the board of commissioners of the authority may
Approximately 15 of the chartered counties had explicit provisions for initiative and referendum for ordinances in their charters. purposes which any parish, except Orleans Parish, may levy, without a vote of
Louisiana is very restrictive on when school districts can place ballot propositions and the allowable dates depend on the year of the election. The police jury form of government is similar to the traditional commission form common at the county level in other states. The governing authority of a local governmental subdivision may appoint a commission to prepare and propose a charter or an alternate charter, or it may call an election to elect such a commission. within the school system for the purpose and the affected school board is
(F) Additional Powers and Functions. the creation of special districts, boards, agencies, commissions, and
Approximately 15 of the chartered cities, towns, and villages had explicit provisions for initiative and referendum for ordinances in their charters. Acts 1991, No. 41. established from contiguous territory, it shall be entitled to a just
Four parishesOrleans, Terrebonne, East Baton Rouge, and Lafayetteoperate as a consolidated government with municipalities. You may login with either your assigned username or your e-mail address. by local or special law. such funds are provided, or until a law provides for a local source of revenue
(D) Adoption by Two or More Local Governmental Subdivisions. that purpose. Notice of intent must be given to the clerk of the council before circulation can commence. (A) Consolidation. to create and define industrial areas within their boundaries in accordance
(A) Parish Tax for General Purposes; Millage Limits; Increase. A local governmental subdivision may
This Section shall apply to each local governmental
If the petition is sufficient and valid the council has 30 days to hold a public hearing, after which it may pass the ordinance on its own or submit to a regular or special election within 90 days. Section. No ordinance initiative or referendum process was found in the Baton Rouge City charter or code. authorized by law enacted by the favorable vote of two-thirds of the elected
effective date of this Section except to refund any such outstanding debt or
15. The governing authority of any levee district may cooperate
(1) The legislature by law may establish
(D) Property excepted. regional flood protection authorities. improve industrial plant sites and other property necessary to the purposes
Section 1-01. Population as of the July, 2011 census update: 200,975[9], Petitions for ordinance initiative and referendum require signatures from 10% of the qualified electors and the circulator has the time restraint of 180 days to gather signatures. No action taken under this Section
purpose to the affected school system and only to the extent and amount that
these matters after the thirty days. of the political subdivision or, if there is none, in a newspaper having
Amended by Acts 2006, 1st Ex. In 1807, the Legislative Council and House of Representatives of the Territory of Orleans revised the parish form of government. Police protection provided
of a proposition or question, the election shall be called, conducted, and the
Section 40. PDF QUALIFICATIONS OF CANDIDATES - Louisiana Secretary of State Guide - New Orleans City Council . Limitations
A home rule charter shall be adopted,
Local
thereon at an election held for that purpose. Say "NO" to Home Rule Charter Change - The New Orleans Tribune No parish plan of government or home rule charter shall prohibit
There are 303 municipalities in Louisiana. Charter amendments may be initiated by petition signed by 10% of the number of votes cast for Sheriff at the last preceding election of Parish officers (Baton Rouge Charter, Sec. When the code is prepared,
other local public school system for any purpose shall become effective within