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First Extraordinary Session, 2011
HOUSE BILL NO. 18
BY REPRESENTATIVE KATZ
CENSUS: Provides relative to provisions in Title 40 which are limited in applicability to
political subdivisions or local areas meeting specified population characteristics
(Item #8)
AN ACT1
To amend and reenact R.S. 40:401.1, 404(A), 404.1, 490(C), 531(A)(2), (B), and (C),2
537(A)(3), 1241(A)(2), 1496(G)(1), 1498(E) and (F), 1501.5(A), 1502.14,3
1502.15(A), and 1509, relative to provisions of Title 40 (Public Health and Safety)4
of the Louisiana Revised Statutes of 1950 which are limited in applicability to5
certain political subdivisions or local areas based upon population classifications; to6
specify applicability to one or more political subdivisions or local areas; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:401.1, 404(A), 404.1, 490(C), 531(A)(2), (B), and (C), 537(A)(3),10
1241(A)(2), 1496(G)(1), 1498(E) and (F), 1501.5(A), 1502.14, 1502.15(A), and 1509 are11
hereby amended and reenacted to read as follows: 12
§401.1. Housing authorities of certain parishes authority of the parish of St. Landry;13
commissioners14
In parishes having a population in excess of eighty-five thousand but not15
more than eighty-nine thousand, based on the latest federal decennial census the16
parish of St. Landry, the board of commissioners shall be composed of no more than17
six members. A majority of the commissioners shall constitute a quorum of the18 HLS 111ES-57 ORIGINAL
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authority for the purpose of conducting its business and exercising its power and for1
all other purposes.2
* * *3
§404. Meetings; location; penalties4
A. In municipalities of a population of four hundred seventy-five thousand5
or more the city of New Orleans, the housing authority board shall schedule at least6
one meeting each quarter to be held at one of the housing projects under its7
jurisdiction.8
* * *9
§404.1. Housing authorities of certain the cities of Gonzales and St. Martinville; per10
diem11
Each commissioner of the housing authority of a city with a population of not12
less than seven thousand one hundred fifty persons and not more than seven13
thousand two hundred fifty persons as of the most recent federal decennial census14
authorities of the cities of Gonzales and St. Martinville may receive a per diem, to15
be paid from funds of the respective housing authority, for a maximum of twenty-16
four days per year for attendance at meetings of the respective housing authority in17
amounts not to exceed the following:18
(1) Fifty dollars for the chairman of the authority.19
(2) Twenty-five dollars for all other members.20
* * *21
§490. Tax exemption22
* * *23
C. Notwithstanding the provisions of Subsection B of this Section, any24
parish with a population of in excess of three hundred fifty thousand persons but not25
exceeding four hundred twenty thousand persons, according to the most recent26
federal decennial census, the parish of East Baton Rouge and any municipality or27
school board in the that parish may exercise any of the powers granted in Subsection28
B of this Section. A housing authority in any such the parish of East Baton Rouge29 HLS 111ES-57 ORIGINAL
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shall make payments in lieu of taxes to a school district in which the housing1
authority is located.2
* * *3
§531. Appointment of commissioners to local housing authority4
A.5
* * *6
(2) Notwithstanding any other provision of law to the contrary, when the7
governing body of any parish with a population of not more than forty-three8
thousand seven hundred fifty persons and not less than forty-two thousand seven9
hundred fifty persons based on the latest federal decennial census the parish of St.10
John the Baptist has determined, by resolution as set forth in R.S. 40:393, that it is11
expedient to establish a local housing authority, the governing body of any such that12
parish shall appoint five persons who shall constitute the governing body of the local13
housing authority and shall be called commissioners.14
B. In municipalities with populations of four hundred seventy-five thousand15
or more the city of New Orleans, the governing authority of the housing authority16
shall consist of seven commissioners, at least two of whom shall be tenants of the17
housing authority. The commissioners shall be appointed by the mayor of the18
municipality city of New Orleans and shall serve terms concurrent with that of the19
mayor. The tenant commissioners shall be chosen from a list of names submitted to20
the mayor by the Citywide Tenants Council, Inc., of the housing authority. The21
number of names submitted shall be three for each vacancy to be filled by a tenant22
commissioner. Vacancies shall be filled for the unexpired term.23
C. In parishes with populations of more than four hundred thirty-five24
thousand but less than four hundred seventy-five thousand and not having boundaries25
coterminous with a single city the parish of Jefferson, the governing authority of the26
housing authority shall consist of nine commissioners and, notwithstanding any other27
provision of law to the contrary, such commissioners shall be appointed as provided28
in this Subsection. Seven of the commissioners shall be appointed by the governing29 HLS 111ES-57 ORIGINAL
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body of the parish. One of such commissioners shall be appointed by the chief1
executive officer of the parish. One of such commissioners shall be a tenant member2
of the Marrero Tenants Organization and shall be appointed by the governing3
authority of said organization.4
* * *5
§537. Removal of commissioners6
A.7
* * *8
(3) A commissioner of a local housing authority in any parish with a9
population of not more than forty-three thousand seven hundred fifty persons and not10
less than forty-two thousand seven hundred fifty persons based on the latest federal11
decennial census the parish of St. John the Baptist may be removed on any such12
grounds by the governing body of the parish appointing the commissioner.13
* * *14
§1241. Public markets; location, inspection, and operation; exemptions; market15
zones16
A.17
* * *18
(2) Permanent open-air public market buildings built prior to 1950 which are19
designated as historic and located in a municipality with a population in excess of20
four hundred thousand persons according to the most recent federal decennial census21
the city of New Orleans shall be exempt from LAC 51:XXIII.1501, 1701, and22
3505(A). The lessor shall develop food service operational guidelines after23
consultation and periodic review with the Department of Health and Hospitals. Such24
food service operational guidelines shall be incorporated into the lease agreements25
with lessees who operate food service establishments in the exempted area. The26
lessor shall enforce such food service operational guidelines through leases with27
their lessees.28
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§1496. Appointment of members of board; term; vacancies1
* * *2
G.(1) When four or more municipalities are included within the boundaries3
of a district lying within a parish with a population of between sixteen thousand and4
eighteen thousand people according to the latest federal decennial census the parish5
of Claiborne, Grant, or Winn, in addition to the membership provided in Paragraph6
B(B)(4) of this Section, the respective parish governing authority may appoint up to7
three additional members to the board.8
* * *9
§1498. Compensation of board members10
* * *11
E. Notwithstanding the amount of the per diem authorized by Subsection A12
of this Section but otherwise in accordance therewith, all members of the governing13
board of any fire protection district located wholly within a parish having a14
population of less than eighty-eight thousand but more than eighty thousand persons,15
as of the most recent federal decennial census, the parish of St. Landry may be paid16
a per diem of eighty dollars for attending meetings of the board, not to exceed two17
meetings in any one calendar month, and thirty dollars for attending committee18
meetings, not to exceed two in any month.19
F. Notwithstanding the provisions of Subsection A of this Section, all20
members of the governing board of any fire protection district located wholly within21
a parish having a population of not less than one hundred ninety-one thousand nor22
more than two hundred twenty-five thousand persons, as of the most recent federal23
decennial census, the parish of St. Tammany may be paid a per diem of one hundred24
dollars for attending meetings of the board, not to exceed two meetings in any one25
calendar month, and fifty dollars for attending committee meetings, not to exceed26
two meetings in any one calendar month.27
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§1501.5. Fire protection districts in parishes with a population between ninety-nine1
thousand and one hundred three thousand the parish of Tangipahoa; authority2
to levy sales and use tax3
A. Fire protection districts in parishes with a population between ninety-nine4
thousand and one hundred three thousand the parish of Tangipahoa are hereby5
authorized to levy and collect a one-half of one percent sales and use tax within each6
parish fire protection district pursuant to the provisions of Article VI, Section 30 of7
the Constitution of Louisiana.8
* * *9
§1502.14. Exemption from proof of service charge receipts in certain parishes the10
parish of Morehouse11
Notwithstanding any provision to the contrary applicable to any fire12
protection district, any requirement that insurers and insurance agents have proof of13
a current service charge receipt from an insured prior to considering granting any14
reduced rate because of fire district protection to the insured shall not apply in15
parishes with a population of not less than thirty thousand but not more than thirty-16
one thousand two hundred fifty based on the latest federal decennial census the17
parish of Morehouse.18
* * *19
§1502.15. Service charge authorized for fire protection districts in certain parishes20
the parish of Caddo; assessment and collection21
A. The governing authority of any fire protection district located within a22
parish with a population of not less than two hundred forty thousand people nor more23
than three hundred fifty thousand people, based on the latest federal decennial24
census, the parish of Caddo is hereby authorized to establish, by majority vote of the25
members of the authority, a service charge or rates of service charges to be assessed26
persons owning each residential or commercial structure, whether occupied or27
unoccupied, located wholly or partly within the boundaries of the district, subject to28
the provisions of Subsection B of this Section. For purposes of this Section, each29 HLS 111ES-57 ORIGINAL
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residential or commercial unit in a structure and each housing unit within a multiple1
dwelling structure shall be considered a separate structure, and a mobile home, as2
defined in R.S. 9:1149.2, shall be considered a structure. Such service charges or3
rates of service charges shall be established by the governing authority of such4
district and shall be framed so as to cover and shall be used for the costs either5
incurred or for contracting of any or all fire protection, emergency medical6
transportation, and all emergency services incidental thereto.7
* * *8
§1509. Appointment of board of commissioners of certain fire protection districts9
Notwithstanding any provision of law to the contrary, the board of10
commissioners of a fire protection district in any parish with a population of not less11
than forty thousand and not more than forty-three thousand five hundred persons12
according to the most recent decennial census the parishes of Avoyelles, Lincoln, St.13
John the Baptist, and Webster shall be comprised of at least one member from each14
ward located within the boundaries of the district. The respective parish governing15
authority authorities shall implement this Section by providing for appointment of16
members, including those from municipalities, in such manner, and by adding such17
members, as shall be necessary to implement these provisions.18
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)]
Katz HB No. 18
Abstract: Updates applicability of provisions in Title 40 as a result of the 2010 census.
Proposed law, contained in Title 40 (Public Health and Safety) of the Louisiana Revised
Statutes of 1950, legislates with regard to classifications of parishes, municipalities, or other
political subdivisions or local areas according to population by enacting local bills to limit
the application of laws based upon specific classifications to one or more parishes,
municipalities, or other political subdivisions or local areas, as follows: HLS 111ES-57 ORIGINAL
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CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
R.S. 40:401.1 -
Commissioners of
housing authorities of
certain parishes
Parishes having a
population of 85,000 -
89,000
St. Landry
Parish (2000
census)
St. Landry
Parish
R.S. 40:404(A) -
Meeting frequency and
meeting location of
housing authority
boards in certain
municipalities
Municipalities with a
population of 475,000 +
City of New
Orleans (1990,
2000 census)
City of New
Orleans
R.S. 40:404.1 - Housing
authorities of certain
cities; per diem
A city with a population
of 7,150 - 7,250
Cities of
Gonzales and
St. Martinville
(both 1990,
2000 census)
Cities of
Gonzales and
St.
Martinville
R.S. 40:490(C) - Tax
exemption for certain
housing authorities
Any parish with a
population of 350,000 -
420,000
East Baton
Rouge Parish
(2000 census)
East Baton
Rouge Parish
R.S. 40:531(A)(2) -
Appointment of
commissioners to local
housing authority
Any parish with a
population of 42,750 -
43,750
St. John the
Baptist Parish
(2000 census)
St. John the
Baptist Parish
R.S. 40:531(B) -
Appointment of
commissioners to local
housing authority
Municipalities with
populations of 475,000 +
City of New
Orleans (1990,
2000 census)
City of New
Orleans
R.S. 40:531(C) -
Appointment of
commissioners to local
housing authorities
Parishes with a
population of 435,000 -
475,000 and not having
boundaries coterminous
with a single city
Jefferson
Parish (2000
census)
Jefferson
Parish
R.S. 40:537(A)(3) -
Removal of
commissioners of local
housing authorities
Any parish with a
population of 42,750 -
43,750
St. John the
Baptist Parish
(2000 census)
St. John the
Baptist Parish
R.S. 40:1241(A)(2) -
Exemption from certain
provisions of the
sanitary code for certain
public market buildings
in certain municipalities
A municipality with a
population of 400,000 +
City of New
Orleans (2000
census)
City of New
Orleans
R.S. 40:1496(G)(1) -
Appointment of fire
protection district board
of commissioners
members in certain
parishes
A parish with a
population of 16,000 -
18,000
Claiborne and
Winn parishes
(1990, 2000
census) Grant
Parish (1990
census)
Claiborne,
Grant, and
Winn
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R.S. 40:1498(E) -
Compensation of fire
protection district
governing board
members in certain
parishes
A parish with a
population of 80,000 -
88,000
St. Landry
Parish (2000
census)
St. Landry
Parish
R.S. 40:1498(F) -
Compensation of fire
protection district
governing board
members in certain
parishes
A parish with a
population of 191,000 -
225,000
St. Tammany
Parish (2000
census)
St. Tammany
Parish
R.S. 40:1501.5(A) -
Authority of fire
protection districts in
certain parishes to levy
sales and use tax
Parishes with a
population 99,000 -
103,000
Tangipahoa
Parish
Tangipahoa
Parish
R.S. 40:1502.14 -
Exemption from proof
of service charge
receipts in certain
parishes
A parish with a
population of 30,000 -
31,250
Morehouse
Parish (2000
census)
Morehouse
Parish
R.S. 40:1502.15(A) -
Service charge
authorized for fire
protection districts in
certain parishes;
assessment and
collection
A parish with a
population of 240,000 -
350,000
Caddo Parish
(2000 census)
Caddo Parish
R.S. 40:1509 -
Appointment of board
of commissioners of
certain fire protection
districts
Any parish with a
population of 40,000 -
43,500
Avoyelles,
Lincoln, St.
John the
Baptist, and
Webster
parishes (all
2000 census)
Avoyelles,
Lincoln, St.
John the
Baptist, and
Webster
parishes
(Amends R.S. 40:401.1, 404(A), 404.1, 490(C), 531(A)(2), (B), and (C), 537(A)(3),
1241(A)(2), 1496(G)(1), 1498(E) and (F), 1501.5(A), 1502.14, 1502.15(A), and 1509)