Act 850 (HB 1307) of the 2010 Regular Session amended the Open Meetings Law, but not as dramatically as some have interpreted.  RS 42:5 has, since 2001, required all public bodies to afford a "public comment period" in their open meetings.  Oddly, Dan Garrett, currently the General Counsel of the PJAL but then a Staff Attorney with the LA House of Representatives, drafted the legislation for then Speaker Pro-tem Peppi Bruneau.  Since then the PJAL has urged its members, as well as other public bodies, to establish the public comment period near the top of the meeting agenda, as the intent of the 2001 Act was to afford public comment before the public body began taking substantive action.  HB 1307 was filed in response to a few public bodies routinely placing the public  comment period at the end of their agenda, after the decisions had already been made.  The bill sought to require a public comment period at each agenda item, similar to the law applicable to School Boards (see RS 42:5.1).  

Working with the author, Rep. Rosalind Jones, we were able to have the bill amended to its current status.  All Act 850 requires is that the previously mandatory public comment period be conducted "at any point in the meeting prior to action on an agenda item".  If you currently hold your public comment period in the beginning of your meeting you are already in compliance with the new law.  If you have any questions, feel free to contact the PJAL.

HB 941 has been signed into law as Act 719 of the 2010 Regular Session.  Act 719 arose from PJAL Resolution #7, unanimously adopted at the 2010 Annual Convention.  The intent and purpose of Act 719 is to compile and communicate the existing law regarding the authority of a parish or municipality installing culverts.  The Act neither expands nor contracts authority under existing law.  It does take the existing statements of law and puts them in the newly enacted RS 33:4883 so that the law is more easily located and understood.  In short the law on culverts is as follows:

1. Culverts for the general benefit of parish drainage may be installed at the expense of the parish or municipality;

2. Culverts for the primary benefit of a private property owner must be paid for by the private property owner;

3. A parish or municipality may regulate culverts that impact the overall drainage system; and

4. A parish or municipality may require that private culverts be purchased from, or even installed by the public entity, but the private property owner must pay 100% of the costs.

To view and print a copy of Act 719, click here.

2010 REGULAR LEGISLATIVE SESSION OVER

The PJAL had a very successful 2010 Regular Session.  The PJAL was able to pass the bills it strongly favored while defeating those that it most opposed.  There were some compromises along the way, but the PJAL held firm and only agreed to a compromise amendment if it addressed our primary concerns with the underlying legislation.  No significant legislation was passed over the objection of the PJAL.  This success is a result of our members remaining in contact with their Legislators and the diligence of the PJAL staff in persistently communicating your concerns...click to read more. 

AT&T Moving

Into Cable Business

AT&T is beginning to make moves under the Consumer Choice for Television Act (Act 433 of the 2008 RS)  This Act allows for new providers of cable television services to operate within local government rights-of-way WITHOUT entering into a cable franchise agreement with the local government.  The local government does have some rights under the Act, specifically, the authority to levy a "franchise fee" of up to 5%, require that the operator meet certain obligations for Public, Educational & Government channels, and the local government can enforce modest permitting rules.  By clicking each item you will find a sample ordinance to assist your parish in addressing these concerns.

A provision of Act 73 of the 2003 Regular Session has finally been made operational.  Act 73 enacted the Uniform Local Sales Tax Code or UTC.  It created uniformity between most areas of State and local sales and use tax law.  It also addressed an issue that business groups had been urging for years.  Businesses had complained that doing business in multiple parishes meant keeping track of various local sales and use tax laws and rates and learning how to file each parishes sales and use tax form.  The UTC made terminology uniform and required the LA Dept. of Revenue to   create a uniform sales and use tax reporting form and a web-based portal to allow a simple single point of contact for business to file tax forms and remit both State and multiple local sales and use tax collections.  The terminology has been in place since the Act took effect and the form was created shortly thereafter.  Now the portal has been put into operation. Businesses can now login at www.parishe-file.com and file all needed forms, electronically, and arrange for the electronic transfer of the funds, thus eliminating all of the problems the business community has raised about Louisiana's having local collection of local sales and use taxes.  This portal is the final piece of the UTC and eliminates all of the reasons for the Legislature to consider State-central collection of local sales and use taxes.