Louisiana 2010 2010 Regular Session

Louisiana House Bill HB308 Engrossed / Bill

                    HLS 10RS-363	ENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 308
BY REPRESENTATIVE LORUSSO
DISTRICTS/CRIME PREVENT: Provides relative to the Lakeview Crime Prevention
District
AN ACT1
To amend and reenact R.S. 33:9091.1(D)(1)(e), (f), and (g) and (3)(a) and (F)(2)(a) and (3)2
and to repeal R.S. 33:9091.1(D)(1)(h), relative to the Lakeview Crime Prevention3
District; to provide for appointments to the board of commissioners; to provide for4
elections relative to the levy and the renewal of a parcel fee in the district; to remove5
certain restrictions on renewing the fee; to provide a maximum term for renewal of6
the fee; and to provide for related matters.7
Notice of intention to introduce this Act has been published8
as provided by Article III, Section 13 of the Constitution of9
Louisiana.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 33:9091.1(D)(1)(e), (f), and (g) and (3)(a) and (F)(2)(a) and (3) are12
hereby amended and reenacted to read as follows:13
SUBPART C.  CRIME PREVENTION AND SECURITY DISTRICTS14
ยง9091.1.  Lakeview Crime Prevention District15
*          *          *16
D. Governance.  (1)  The district shall be governed by a board of17
commissioners consisting of eleven members as follows:18
*          *          *19
(e) The assessor for the second municipal district city of New Orleans shall20
appoint one member.21 HLS 10RS-363	ENGROSSED
HB NO. 308
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(f)  The assessor for the seventh municipal district shall appoint one member.1
(g)  The mayor shall appoint one member two members. 2
(h) (g) The council member or council members who represent the district3
shall appoint one member.4
*          *          *5
(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(g)6
and (h) (1)(f) and (g) of this Subsection shall be concurrent with the respective7
appointing authority.8
*          *          *9
F. Parcel fee.  The governing authority of the city of New Orleans is hereby10
authorized to impose and collect a parcel fee within the district subject to and in11
accordance with the provisions of this Subsection:12
*          *          *13
(2)(a)(i) The fee shall be imposed on each and every improved parcel located14
within the district.15
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the fee16
imposed pursuant to this Subsection shall be imposed on all parcels in the district,17
whether or not improved, as provided by duly adopted resolution of the board of18
commissioners of the district and after approval by a majority of the registered voters19
of the district voting on the proposition at an election held for that purpose in20
accordance with the Louisiana Election Code; such election shall be held only if21
requested by duly adopted resolution of the board of commissioners of the district22
and shall be held only at the 2010 mayoral primary election. If imposition of the fee23
on all parcels in the district is authorized as provided in this Item, it shall be imposed24
in the same amount and for the same duration as otherwise authorized pursuant to25
this Section.26
*          *          *27
(3)(a) The fee shall be imposed only after the question of its imposition has28
been approved by a majority of the registered voters of the district voting on the29 HLS 10RS-363	ENGROSSED
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proposition at an election held for that purpose in accordance with the Louisiana1
Election Code.2
(b) The election on the question of the imposition of the fee shall be held at3
the same time as the 1998 mayoral primary election is held in the city.4
(c)(i) The fee shall expire four years from its initial levy.5
(ii) The fee may be renewed as provided in Subparagraph (3)(a) of this6
Subsection Paragraph at a mayoral primary any election subsequent to the 19987
mayoral primary election.  If the fee is renewed, the term of the imposition of the fee8
shall be as provided in the proposition authorizing such renewal, not to exceed eight9
years.10
(iii) Notwithstanding the provisions of Item (i) of this Subparagraph, the fee11
shall expire not later than December thirty-first of the year of the mayoral primary12
election for the city of New Orleans that occurs eight years after the year in which13
the fee is renewed, but only if such renewal term is approved by a majority of the14
registered voters of the district voting on the proposition at an election held for that15
purpose in accordance with the Louisiana Election Code. Such election shall be held16
only if requested by duly adopted resolution of the board of commissioners of the17
district and shall be held only at the 2006 mayoral primary election. If requested by18
duly adopted resolution of the board of commissioners, the proposition at such19
election or a separate proposition at such election may provide that the term of the20
fee approved at the mayoral primary election in 2006 shall expire on December 31,21
2014, and if such proposition is approved by a majority of the registered voters of the22
district voting on the proposition at such election, the term of the fee approved at the23
mayoral primary election in 2006 shall expire on such date.24
*          *          *25
Section 2.  R.S. 33:9091.1(D)(1)(h) is hereby repealed in its entirety.26
Section 3. Upon expiration of the term of office of the member of the board of27
commissioners appointed by the assessor for the second municipal district or any vacancy28
in such office occurring prior thereto, the assessor for the city of New Orleans shall appoint29 HLS 10RS-363	ENGROSSED
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his successor. Upon expiration of the term of office of the member of the board of1
commissioners appointed by the assessor for the seventh municipal district or any vacancy2
in such office occurring prior thereto, the mayor of the city of New Orleans shall appoint his3
successor.4
Section 4. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, 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)]
Lorusso	HB No. 308
Abstract: Makes changes to appointments to the board of commissioners of the Lakeview
Crime Prevention District in Orleans Parish and allows the district to renew its parcel
fee at any election.
Present law creates the Lakeview Crime Prevention District in Orleans Parish. Establishes
the boundaries, powers, and governance of the district. Authorizes the district to levy a
parcel fee on all improved parcels within the district. Authorizes the renewal of the parcel
fee and authorizes the parcel fee to be extended to encompass unimproved property within
the district.
Proposed law retains present law.
Present law requires the vote to extend the parcel fee to unimproved property to be held at
the 2010 mayoral primary election.  	Proposed law removes this requirement.
Present law requires the vote to renew the parcel fee to be held at any mayoral primary
election. Proposed law removes this requirement and allows the district to seek renewal of
the parcel fee at any election. Proposed law further requires the term of the renewal to be
as provided in the proposition submitted to the voters, but not to exceed eight years.
Present law further provides authorization for the district to renew the parcel fee for eight
years, if an election on the issue is held only at the 2006 mayoral primary election.  Proposed
law removes this authority.
Present law provides for the governance of the district by a board of 11 members.  Proposed
law retains present law.  Present law provides for the appointment of one member to the
board by the assessor for the second municipal district of the city of New Orleans and for
the appointment of one member by the assessor for the seventh municipal district of the city
of New Orleans.  Proposed law consolidates these appointments into one appointment made
by the assessor for the city of New Orleans.  Proposed law further grants the mayor of the
city a second appointment to the board. HLS 10RS-363	ENGROSSED
HB NO. 308
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Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:9091.1(D)(1)(e), (f), and (g) and (3)(a) and (F)(2)(a) and (3); Repeals R.S.
33:9091.1(D)(1)(h))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Added provisions making changes to membership on the board.