Could Livingston Parish put a mosquito-control surcharge on residents' electric bills?

Plain-English summary

A state representative asked whether Livingston Parish could add a $2 mosquito abatement charge to residents' electric bills. The Attorney General concluded that the parish's home rule charter did not authorize the council to impose that surcharge or service charge.

The opinion said legislation would be necessary to grant such authority. It identified voter approval of a special tax as the financing method available under the charter and said there were no implementation procedures to discuss for a surcharge the parish lacked authority to impose.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the parish council impose the proposed electric-bill surcharge under its charter?
The AG said no. It found no charter provision authorizing the council to assess that service charge for mosquito abatement.

Would the parish need new legislation for the surcharge?
The opinion said legislation was necessary to provide authority for the fee or surcharge because the charter did not supply it.

What financing method did the AG identify under the charter?
It identified a special tax presented to and approved by district voters.

Did the opinion specify procedures for an electric-bill surcharge?
No. The AG said there were no procedures to discuss because the parish lacked authority for that surcharge.

Background and statutory framework

The opinion examined the parish charter's broad special-powers clause and its separate power to levy taxes within constitutional and statutory limits. The AG found no authorization there for the proposed fee or electric-bill surcharge. It cited the Louisiana Constitution's voter-approval rule for a political subdivision's special tax.

Citations and references

• La. Const. Art. VI, Sec. 32

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0320

Original opinion text

DEPARTMENT OF JUSTICE
One American Place
301 Maln Street, Suite 600
ClVl[ DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (2251 342-7013
FAX: (2251 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

SEP 1 0 2002
OPINION NO. 02-0320

84- Parishes
107-A Special Districts
La. Const. Art. Vl, Secs. 30 & 32
Honorable Thomas H. "Tom" McVea La. R.S. 33:7721-7728 State Representative
The only method that Livingston Parish can utilize to finance the
District 62
mosquito abatement program under its Home Rule Charter is to
P.O. Box 217
obtain voter approval for a special tax or service charge.

Jackson, LA 70748

Dear Representative McVea:

You have requested an opinion of this office regarding specific issues related to financing the Livingston Parish mosquito abatement program. This opinion will address each of your questions in order.

First, you ask if there are any constitutional or statutory provisions that prohibit the Livingston Parish Council from imposing a $2.00 fee or surcharge on the electric bills of residents in the district to pay the cost of mosquito abatement.

Livingston Parish can only do that for which it has authority to do. Thus, the Livingston Parish Council would first have to examine its authority under the Home Rule Charter. As stated in your letter, Section 1-05, the "Special Powers" provision of the Livingston Parish Home Rule Charter states:

The parish government shall have the right, power and authority to pass all ordinances requisite or necessary to promote, protect and preserve the general welfare, safety, health, peace and good order of the parish, including, but not by way of limitation, the right, power and authority to pass ordinances on all subject matters necessary, requisite, or proper for the management of its affairs, and all other subject matter without exception, subject only to the limitation that the same shall not be inconsistent with the constitution or expressly denied by general law applicable to parish government.

The Special Powers provision of the Livingston Parish Home Rule Charter is silent regarding the power of the Council to impose a fee, surcharge or service charge. Thus, the Council cannot avail itself of the authority granted under the

Page 2

Honorable Thomas H. "Tom" McVea
House of Representatives
District 62
Page: -2-

Home Rule Charter to assess a service charge to defray the expenses of mosquito abatement. Section 2-17 of the Charter grants the parish the power to levy taxes within the limits and in accordance with procedures prescribed by the constitution and general laws of the state. There is no provision that allows for such a fee or surcharge.

Next, you ask if there is a need for legislation to authorize the parish council to impose such fee or surcharge. As discussed supra, the Livingston Parish Home Rule Charter does not include such authorization; thus, legislation would be necessary to provide such authorization.

Next, you ask what additional procedures must be followed in order to implement such a fee or surcharge. Because there is no authority for such a surcharge, there are no procedures to discuss.

Finally, you ask if such a fee or surcharge would be subject to the vote of the people of the Mosquito Abatement District prior to implementation. A special tax must be presented to and approved by the voters. (La. Const. Art. VI, Sec. 32).

In conclusion, the only method that Livingston Parish can utilize to finance the mosquito abatement program under its Home Rule Charter is to obtain voter approval for a special tax or service charge.

If you need additional information, please do not hesitate to contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

SUE MCNABB
Assistant Attorney General

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