Louisiana 2012 2012 Regular Session

Louisiana House Bill HB410 Engrossed / Bill

                    HLS 12RS-716	ENGROSSED
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are additions.
Regular Session, 2012
HOUSE BILL NO. 410
BY REPRESENTATIVE FANNIN
PARISH/JACKSON:  Provides relative to the membership on and powers of the board of
commissioners of a recreation district in Jackson Parish
AN ACT1
To amend and reenact R.S. 33:4564.5, relative to a recreation district in Jackson Parish; to2
provide relative to the board of commissioners of such a district; to provide relative3
to the authority of the governing authority of Jackson Parish with respect to the4
budget and taxing authority and the compensation and expenses of board members,5
the secretary-treasurer, and director of such a district; and to provide for related6
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. 33:4564.5 is hereby amended and reenacted to read as follows: 12
ยง4564.5.  Board of Recreation, Jackson Parish; powers13
A.(1) Notwithstanding the provisions of R.S. 33:4564(A) and (C) or any14
other provision of law to the contrary, the governing authority of the parish of15
Jackson may provide that the board of commissioners of a recreation district in16
Jackson Parish shall be composed of ten seven members. The commissioners shall17
be qualified voters and residents of the parish, and each commissioner shall be a18
resident of a different municipality of the parish police jury district.19 HLS 12RS-716	ENGROSSED
HB NO. 410
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B.(1)  The three additional commissioners authorized by this Section shall1
serve initial terms as follows:2
(a)  The initial term of one of the three additional commissioners shall3
terminate on July 1, 2004.4
(b) The initial term of one of the three additional commissioners shall5
terminate on July 1, 2005.6
(c) The initial term of one of the three additional commissioners shall7
terminate on July 1, 2006.8
(2) The commissioners so appointed shall draw lots at the first meeting of9
the board to determine which commissioner shall serve for each of such initial terms.10
Members shall serve initial terms as follows: three of the members shall serve terms11
of three years; two of the members shall serve terms of two years; and two of the12
members shall serve terms of one year as determined by lot at the first meeting of the13
board after the effective date of the reenactment of this Paragraph in 2012.14
(3) After such initial terms, their successors shall be appointed to terms of15
five three years.16
C. (4)  In the event that If a commissioner's position on the board should17
become vacant by reason of death, resignation, or otherwise, prior to the expiration18
of his term, whether or not an initial term, such vacancy shall be filled for the19
remainder of the unexpired term.20
B.(1) Notwithstanding the provisions of R.S. 33:4562 or 4566 or any other21
law to the contrary, the board of commissioners of a recreation district in Jackson22
Parish is subject to the general supervisory authority of the Jackson Parish governing23
authority.  As such, the board shall not exercise any of the following powers except24
after review and approval of the proposed action by the parish governing authority:25
(a)  Adopt a budget for the recreation district.26
(b) Make any change in the compensation or expenses of commissioners, the27
secretary-treasurer, and the director.28 HLS 12RS-716	ENGROSSED
HB NO. 410
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(c)  Call an election on a tax proposition.1
(d)  Roll forward or roll back ad valorem tax millage rates.2
(2) Additionally, the parish governing authority may annually set the ad3
valorem tax millage rate to be collected by the recreation board not to exceed the4
millage rate approved by the voters and subject to limits and requirements otherwise5
provided by law.6
Section 2. The terms of all members of the board of commissioners of the recreation7
district in Jackson Parish serving on the effective date of this Act terminate on the effective8
date of this Act, and members of the board shall be appointed in accordance with R.S.9
33:4564.5(A) as amended by this Act.10
Section 3. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
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)]
Fannin	HB No. 410
Abstract: Changes the membership of the board of commissioners of the recreation district
in Jackson Parish and provides that many of the powers of the recreation board are
subject to review and approval by the parish police jury.
Present law generally authorizes parishes to create recreation districts and provides for a
governing board of such a district comprised of five members or seven members.  Proposed
law retains present law.
Present law, relative to Jackson Parish, provides that the governing authority of the parish
may provide that the board of commissioners of the recreation district consists of 10
members who are qualified voters and residents of the parish.  Requires that each
commissioner be a resident of a different municipality.  	Proposed law provides instead for
a seven-member board of commissioners for the recreation district in Jackson Parish.
Retains requirement that commissioners be qualified voters and residents of the parish, but
requires that each be a resident of a different police jury district.
Present law, generally and relative to the Jackson Parish recreation district, provides that
commissioners serve five-year staggered terms.  Proposed law provides that commissioners
serve three-year staggered terms. HLS 12RS-716	ENGROSSED
HB NO. 410
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are additions.
Present law authorizes recreation districts, subject to voter approval, to levy an ad valorem
tax not to exceed 15 mills for a period not to exceed 10 years for the purpose of maintaining
and operating the district and to levy special maintenance taxes and issue bonds for the
purpose of purchasing and acquiring lands, buildings, equipment, and other facilities, and
for the construction and maintenance thereof.  Provides that an election on such questions
shall be called by the board of commissioners.  Present law requires that the board of
commissioners select a secretary-treasurer who is not a commissioner and fix the secretary-
treasurer's salary and office expense allowance. Authorizes the board to appoint a director.
Provides that commissioners shall receive a $10 per diem for not more than 12 meetings per
year.
Proposed law retains present law and its applicability to Jackson Parish except that proposed
law provides that the recreation board is subject to the general supervisory authority of the
Jackson Parish governing authority and that the recreation board shall not exercise any of
the following powers except after review and approval by the parish governing authority:
(1)Adopt a budget for the recreation district.
(2)Make any change in the compensation or expenses of commissioners, the secretary-
treasurer, and the director.
(3)Call an election on a tax proposition.
(4)Roll forward or roll back ad valorem tax millage rates.
Proposed law additionally authorizes the parish governing authority to annually set the ad
valorem tax millage rate to be collected by the board, subject to limits otherwise provided
by law.
Proposed law provides that terms of commissioners serving on the effective date of proposed
law terminate and requires appointment of the board in accordance with proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:4564.5)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Makes changes to the initial terms of the district's new board members.