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ACT No. 12
First Extraordinary Session, 2011
HOUSE BILL NO. 18
BY REPRESENTATIVE KATZ
AN ACT1
To amend and reenact R.S. 40:401.1, 404.1, 490(C), 531(A)(2), (B), and (C), 537(A)(3),2
1241(A)(2), 1496(G)(1), 1498(E) and (F), 1501.5(A), 1502.14, 1502.15(A), and3
1509 and to repeal R.S. 40:404, relative to provisions of Title 40 (Public Health and4
Safety) of the Louisiana Revised Statutes of 1950 which are limited in applicability5
to certain political subdivisions or local areas based upon population classifications;6
to specify applicability to one or more political subdivisions or local areas; to repeal7
provisions that are outdated or obsolete; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:401.1, 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
authority for the purpose of conducting its business and exercising its power and for19
all other purposes.20
* * *21
§404.1. Housing authorities of certain the cities of Gonzales and St. Martinville; per22
diem23
Each commissioner of the housing authority of a city with a population of not24
less than seven thousand one hundred fifty persons and not more than seven25 ENROLLEDHB NO. 18
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thousand two hundred fifty persons as of the most recent federal decennial census1
authorities of the cities of Gonzales and St. Martinville may receive a per diem, to2
be paid from funds of the respective housing authority, for a maximum of twenty-3
four days per year for attendance at meetings of the respective housing authority in4
amounts not to exceed the following:5
(1) Fifty dollars for the chairman of the authority.6
(2) Twenty-five dollars for all other members.7
* * *8
§490. Tax exemption9
* * *10
C. Notwithstanding the provisions of Subsection B of this Section, any11
parish with a population of in excess of three hundred fifty thousand persons but not12
exceeding four hundred twenty thousand persons, according to the most recent13
federal decennial census, the parish of East Baton Rouge and any municipality or14
school board in the that parish may exercise any of the powers granted in Subsection15
B of this Section. A housing authority in any such the parish of East Baton Rouge16
shall make payments in lieu of taxes to a school district in which the housing17
authority is located.18
* * *19
§531. Appointment of commissioners to local housing authority20
A.21
* * *22
(2) Notwithstanding any other provision of law to the contrary, when the23
governing body of any parish with a population of not more than forty-three24
thousand seven hundred fifty persons and not less than forty-two thousand seven25
hundred fifty persons based on the latest federal decennial census the parish of St.26
John the Baptist has determined, by resolution as set forth in R.S. 40:393, that it is27
expedient to establish a local housing authority, the governing body of any such that28
parish shall appoint five persons who shall constitute the governing body of the local29
housing authority and shall be called commissioners.30 ENROLLEDHB NO. 18
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B. In municipalities with populations of four hundred seventy-five thousand1
or more the city of New Orleans, the governing authority of the housing authority2
shall consist of seven commissioners, at least two of whom shall be tenants of the3
housing authority. The commissioners shall be appointed by the mayor of the4
municipality city of New Orleans and shall serve terms concurrent with that of the5
mayor. The tenant commissioners shall be chosen from a list of names submitted to6
the mayor by the Citywide Tenants Council, Inc., of the housing authority. The7
number of names submitted shall be three for each vacancy to be filled by a tenant8
commissioner. Vacancies shall be filled for the unexpired term.9
C. In parishes with populations of more than four hundred thirty-five10
thousand but less than four hundred seventy-five thousand and not having boundaries11
coterminous with a single city the parish of Jefferson, the governing authority of the12
housing authority shall consist of nine commissioners and, notwithstanding any other13
provision of law to the contrary, such commissioners shall be appointed as provided14
in this Subsection. Seven of the commissioners shall be appointed by the governing15
body of the parish. One of such commissioners shall be appointed by the chief16
executive officer of the parish. One of such commissioners shall be a tenant member17
of the Marrero Tenants Organization and shall be appointed by the governing18
authority of said organization.19
* * *20
§537. Removal of commissioners21
A.22
* * *23
(3) A commissioner of a local housing authority in any parish with a24
population of not more than forty-three thousand seven hundred fifty persons and not25
less than forty-two thousand seven hundred fifty persons based on the latest federal26
decennial census the parish of St. John the Baptist may be removed on any such27
grounds by the governing body of the parish appointing the commissioner.28
* * *29 ENROLLEDHB NO. 18
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§1241. Public markets; location, inspection, and operation; exemptions; market1
zones2
A.3
* * *4
(2) Permanent open-air public market buildings built prior to 1950 which are5
designated as historic and located in a municipality with a population in excess of6
four hundred thousand persons according to the most recent federal decennial census7
the city of New Orleans shall be exempt from LAC 51:XXIII.1501, 1701, and8
3505(A). The lessor shall develop food service operational guidelines after9
consultation and periodic review with the Department of Health and Hospitals. Such10
food service operational guidelines shall be incorporated into the lease agreements11
with lessees who operate food service establishments in the exempted area. The12
lessor shall enforce such food service operational guidelines through leases with13
their lessees.14
* * *15
§1496. Appointment of members of board; term; vacancies16
* * *17
G.(1) When four or more municipalities are included within the boundaries18
of a district lying within a parish with a population of between sixteen thousand and19
eighteen thousand people according to the latest federal decennial census the parish20
of Claiborne, Grant, or Winn, in addition to the membership provided in Paragraph21
B(B)(4) of this Section, the respective parish governing authority may appoint up to22
three additional members to the board.23
* * *24
§1498. Compensation of board members25
* * *26
E. Notwithstanding the amount of the per diem authorized by Subsection A27
of this Section but otherwise in accordance therewith, all members of the governing28
board of any fire protection district located wholly within a parish having a29
population of less than eighty-eight thousand but more than eighty thousand persons,30 ENROLLEDHB NO. 18
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as of the most recent federal decennial census, the parish of St. Landry may be paid1
a per diem of eighty dollars for attending meetings of the board, not to exceed two2
meetings in any one calendar month, and thirty dollars for attending committee3
meetings, not to exceed two in any month.4
F. Notwithstanding the provisions of Subsection A of this Section, all5
members of the governing board of any fire protection district located wholly within6
a parish having a population of not less than one hundred ninety-one thousand nor7
more than two hundred twenty-five thousand persons, as of the most recent federal8
decennial census, the parish of St. Tammany may be paid a per diem of one hundred9
dollars for attending meetings of the board, not to exceed two meetings in any one10
calendar month, and fifty dollars for attending committee meetings, not to exceed11
two meetings in any one calendar month.12
* * *13
§1501.5. Fire protection districts in parishes with a population between ninety-nine14
thousand and one hundred three thousand the parish of Tangipahoa; authority15
to levy sales and use tax16
A. Fire protection districts in parishes with a population between ninety-nine17
thousand and one hundred three thousand the parish of Tangipahoa are hereby18
authorized to levy and collect a one-half of one percent sales and use tax within each19
parish fire protection district pursuant to the provisions of Article VI, Section 30 of20
the Constitution of Louisiana.21
* * *22
§1502.14. Exemption from proof of service charge receipts in certain parishes the23
parish of Morehouse24
Notwithstanding any provision to the contrary applicable to any fire25
protection district, any requirement that insurers and insurance agents have proof of26
a current service charge receipt from an insured prior to considering granting any27
reduced rate because of fire district protection to the insured shall not apply in28
parishes with a population of not less than thirty thousand but not more than thirty-29 ENROLLEDHB NO. 18
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one thousand two hundred fifty based on the latest federal decennial census the1
parish of Morehouse.2
§1502.15. Service charge authorized for fire protection districts in certain parishes3
the parish of Caddo; assessment and collection4
A. The governing authority of any fire protection district located within a5
parish with a population of not less than two hundred forty thousand people nor more6
than three hundred fifty thousand people, based on the latest federal decennial7
census, the parish of Caddo is hereby authorized to establish, by majority vote of the8
members of the authority, a service charge or rates of service charges to be assessed9
persons owning each residential or commercial structure, whether occupied or10
unoccupied, located wholly or partly within the boundaries of the district, subject to11
the provisions of Subsection B of this Section. For purposes of this Section, each12
residential or commercial unit in a structure and each housing unit within a multiple13
dwelling structure shall be considered a separate structure, and a mobile home, as14
defined in R.S. 9:1149.2, shall be considered a structure. Such service charges or15
rates of service charges shall be established by the governing authority of such16
district and shall be framed so as to cover and shall be used for the costs either17
incurred or for contracting of any or all fire protection, emergency medical18
transportation, and all emergency services incidental thereto.19
* * *20
§1509. Appointment of board of commissioners of certain fire protection districts21
Notwithstanding any provision of law to the contrary, the board of22
commissioners of a fire protection district in any parish with a population of not less23
than forty thousand and not more than forty-three thousand five hundred persons24
according to the most recent decennial census the parishes of Avoyelles, Lincoln, St.25
John the Baptist, and Webster shall be comprised of at least one member from each26
ward located within the boundaries of the district. The respective parish governing27
authority authorities shall implement this Section by providing for appointment of28
members, including those from municipalities, in such manner, and by adding such29
members, as shall be necessary to implement these provisions.30 ENROLLEDHB NO. 18
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Section 2. R.S. 40:404 is hereby repealed in its entirety.1
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: