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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)(c), (d), (e), and (f) and (3) and (F)(2)(a) and2
(3) and to repeal R.S. 33:9091.1 (D)(1)(g) and (h), relative to the Lakeview Crime3
Prevention District; to provide for appointments to the board of commissioners; to4
provide term limits for board members; to provide filing requirements for board5
members; to provide for elections relative to the levy and the renewal of a parcel fee6
in the district; to remove certain restrictions on renewing the fee; to provide a7
maximum term for renewal of the fee; and to provide for related matters.8
Notice of intention to introduce this Act has been published9
as provided by Article III, Section 13 of the Constitution of10
Louisiana.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 33:9091.1 (D)(1)(c), (d), (e), and (f) and (3) and (F)(2)(a) and (3) are13
hereby amended and reenacted to read as follows:14
SUBPART C. CRIME PREVENTION AND SECURITY DISTRICTS15
ยง9091.1. Lakeview Crime Prevention District16
* * *17
D. Governance. (1) The district shall be governed by a board of18
commissioners consisting of eleven members as follows:19
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(c) The member or members of the Louisiana House of Representatives who1
represent the area which comprises the district shall appoint one member two2
members.3
(d) The member or members of the Louisiana Senate who represent the area4
which comprises the district shall appoint one member two members.5
(e) The assessor for the second municipal district shall appoint one member.6
(f) The assessor for the seventh municipal district shall appoint one member.7
(g) The mayor shall appoint one member.8
(h) (f) The council member or council members who represent the district9
shall appoint one member.10
* * *11
(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(g)12
and (h) (1)(c), (d), (e), and (f) of this Subsection shall be concurrent with the13
respective appointing authority.14
(b) The initial terms of office for the remaining members shall be one, two,15
three, or four years, as determined by lot at the first meeting of the board. Two16
members shall serve one year, two shall serve two years, two shall serve three years,17
and three shall serve four years as determined by lot at the first meeting of the board.18
Subsequent terms shall be four years. Vacancies resulting from the expiration of a19
term or any other reason shall be filled in the manner of the original appointment.20
Members shall be eligible for reappointment.21
(c) No board member may serve more than two consecutive terms, such22
service being during terms that began after July 1, 2010. Each appointed board23
member shall file with the secretary of state a signed and dated oath of office and a24
copy of a signed letter of appointment to be kept on file to help prevent future25
uncertainty regarding board terms and appointments.26
(d) Notwithstanding any provision of law to the contrary, including R.S.27
42:2, upon the expiration of any term of any member appointed pursuant to28
Subparagraph (1)(c), (d), (e), or (f) of this Subection, that position on the board shall29 HLS 10RS-363 REENGROSSED
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immediately become vacant and shall be filled in accordance with the provisions of1
this Paragraph.2
* * *3
F. Parcel fee. The governing authority of the city of New Orleans is hereby4
authorized to impose and collect a parcel fee within the district subject to and in5
accordance with the provisions of this Subsection:6
* * *7
(2)(a)(i) The fee shall be imposed on each and every improved parcel located8
within the district.9
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the fee10
imposed pursuant to this Subsection shall be imposed on all parcels in the district,11
whether or not improved, as provided by duly adopted resolution of the board of12
commissioners of the district and after approval by a majority of the registered voters13
of the district voting on the proposition at an election held for that purpose in14
accordance with the Louisiana Election Code; such election shall be held only if15
requested by duly adopted resolution of the board of commissioners of the district16
and shall be held only at the 2010 mayoral primary election. If imposition of the fee17
on all parcels in the district is authorized as provided in this Item, it shall be imposed18
in the same amount and for the same duration as otherwise authorized pursuant to19
this Section.20
* * *21
(3)(a) The fee shall be imposed only after the question of its imposition has22
been approved by a majority of the registered voters of the district voting on the23
proposition at an election held for that purpose in accordance with the Louisiana24
Election Code.25
(b) The election on the question of the imposition of the fee shall be held at26
the same time as the 1998 mayoral primary election is held in the city.27
(c)(i) The fee shall expire four years from its initial levy.28 HLS 10RS-363 REENGROSSED
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(ii) The fee may be renewed as provided in Subparagraph (3)(a) of this1
Subsection Paragraph at a mayoral primary any election subsequent to the 19982
mayoral primary election. If the fee is renewed, the term of the imposition of the fee3
shall be as provided in the proposition authorizing such renewal, not to exceed eight4
years.5
(iii) Notwithstanding the provisions of Item (i) of this Subparagraph, the fee6
shall expire not later than December thirty-first of the year of the mayoral primary7
election for the city of New Orleans that occurs eight years after the year in which8
the fee is renewed, but only if such renewal term is approved by a majority of the9
registered voters of the district voting on the proposition at an election held for that10
purpose in accordance with the Louisiana Election Code. Such election shall be held11
only if requested by duly adopted resolution of the board of commissioners of the12
district and shall be held only at the 2006 mayoral primary election. If requested by13
duly adopted resolution of the board of commissioners, the proposition at such14
election or a separate proposition at such election may provide that the term of the15
fee approved at the mayoral primary election in 2006 shall expire on December 31,16
2014, and if such proposition is approved by a majority of the registered voters of the17
district voting on the proposition at such election, the term of the fee approved at the18
mayoral primary election in 2006 shall expire on such date.19
* * *20
Section 2. R.S. 33:9091.1(D)(1)(g) and (h) are hereby repealed in their entirety.21
Section 3. The legislature finds that records of appointments of members to the22
Lakeview Crime Prevention District board of commissioners and their terms of office were23
destroyed in Hurricane Katrina. As such, there is no way to definitively establish existing24
terms and the appointing authority for the board members now serving. Therefore, the25
legislature resolves that, upon the effective date of this Act, the terms of all board members26
serving on the Lakeview Crime Prevention District board of commissioners are terminated.27
Pursuant to the terms of existing law and the provisions of this Act, new board members28 HLS 10RS-363 REENGROSSED
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shall be appointed to fill the vacancies on the board. Members shall be eligible for1
reappointment.2
Section 4. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
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 removes these appointments. Proposed law further increases
the number of appointments made by area legislators from each chamber from one to two
members.
Present law provides that the members appointed by the mayor and the city council shall
serve terms concurrent with their appointing official. Proposed law retains present law and HLS 10RS-363 REENGROSSED
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further provides that members appointed by area legislators shall also serve terms concurrent
with their appointing officials.
Present law provides for staggered terms for board members, as determined by lot at the first
meeting of the board. Proposed law retains present law.
Proposed law further provides that for any term beginning after July 1, 2010, no board
member may serve more than two consecutive terms. Further requires each appointed board
member to file with the secretary of state a signed and dated oath of office and a copy of a
signed letter of appointment.
Present law (R.S. 42:2) provides that "public officials", which by definition in present law
include board members of the Lakeview Crime Prevention District, serve until their
successor is inducted into office. Proposed law excepts the Lakeview Crime Prevention
District from the application of present law. Proposed law provides that upon expiration
of any term of any member serving concurrent terms with his appointing official, that
position on the board shall immediately become vacant.
Proposed law provides that the records of appointments to the Lakeview Crime Prevention
District were destroyed in Hurricane Katrina. Further provides that as such, the terms and
appointing officials for the board members currently serving cannot be established.
Proposed law further terminates the terms of all board members serving on the effective date
of proposed law and requires new board members to be appointed to fill the vacancies on
the board. Further provides that board members shall be eligible for reappointment.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:9091.1(D)(1)(c), (d), (e), and (f) and (3) and (F)(2)(a) and (3); Repeals
R.S. 33:9091.1(D)(1)(g) and (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.
House Floor Amendments to the engrossed bill.
1. Made technical corrections.
2. Removed proposed change in appointments made by mayor to the board of
commissioners.
3. Increased the number of appointments made by area legislators.
4. Relative to appointments made by the assessor for the second district, removed
such appointment rather than changing it to an appointment by the assessor for
the city of New Orleans.
5. Added terms concurrent with the appointing officials for members appointed by
area legislators.
6. Added provision that no board member may serve more than two consecutive
terms. Such requirement begins with terms beginning after July 1, 2010.
7. Required each appointed board member to file a signed and dated oath of office
and a copy of a signed letter of appointment with the secretary of state. HLS 10RS-363 REENGROSSED
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8. Added requirement that the position on the board for members appointed by
certain elected officials to immediately become vacant upon the expiration of the
term of their appointing official.
9. Removed provision relating to the terms and replacement of members appointed
by the second and seventh district assessors and added a provision stating that
upon the effective date of the Act, the terms of all members serving on the board
are terminated and new board members shall be appointed. Provided that
members shall be eligible for reappointment.