HLS 12RS-662 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 956
BY REPRESENTATIVE BADON
DISTRICTS/NEIGHBORHOOD: Authorizes the levy and collection of a parcel fee within
the area of the East New Orleans Neighborhood Advisory Commission
AN ACT1
To amend and reenact R.S. 33:9100.12(A) and to enact R.S. 33:9100.10, relative to Orleans2
Parish; to provide relative to the East New Orleans Neighborhood Advisory3
Commission; to authorize the governing authority of the city of New Orleans to levy4
and collect a parcel fee within the area of the commission; to provide relative to the5
disposition of the proceeds of the fee; to require the executive board of the6
commission to propose an annual budget to the commission; and to provide for7
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. 33:9100.12(A) is hereby amended and reenacted and R.S. 33:9100.1013
is hereby enacted to read as follows:14
§9100.10. Parcel fee15
A. The governing authority may levy and collect a parcel fee upon each16
parcel within the commission area in accordance with the provisions of this Section.17
For purposes of this Section, "parcel" means a lot, a subdivided portion of ground,18
or an individual tract which is zoned residential.19 HLS 12RS-662 ORIGINAL
HB NO. 956
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B. The fee shall be levied only as authorized by the commission as provided1
in this Subsection.2
(1) The amount of the fee shall be as requested by duly adopted resolution3
of the commission. The amount of the fee, however, shall not be less than five4
dollars nor more than ten dollars per parcel per year. The fee shall be levied on each5
improved or unimproved parcel located within the district. The owner of the parcel6
shall be responsible for payment of the fee.7
(2) The fee shall be levied only upon request by the commission to the8
governing authority and only after the question of its levy has been approved by a9
majority of the registered voters of the area voting on the proposition at an election10
held for that purpose in accordance with the Louisiana Election Code. The11
commission may increase the amount of the fee, by duly adopted resolution, not to12
exceed the maximum amount provided in Paragraph (1) of this Subsection. No other13
election shall be required except as provided by this Paragraph.14
(3) The fee shall expire four years after its initial levy but may be renewed15
if approved by a majority of the registered voters of the area voting on the16
proposition at an election as provided in Paragraph (2) of this Subsection. Any17
election to authorize the renewal of the fee shall be held for that purpose in18
accordance with the Louisiana Election Code. If the fee is renewed, the term of the19
imposition of the fee shall be as provided in the proposition authorizing such20
renewal, not to exceed eight years.21
(4) The fee shall be levied and collected in the same manner and at the same22
time as ad valorem taxes on property are levied and collected by the city.23
(5) Any unpaid fee shall be added to the tax rolls of the city and shall be24
enforced with the same authority and subject to the same penalties and procedures25
as are unpaid ad valorem taxes.26
(6)(a) The proceeds of the fee shall be used solely and exclusively for the27
purpose and benefit of the commission; however, the city may retain one percent of28
the amount collected as a collection fee.29 HLS 12RS-662 ORIGINAL
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(b) The city of New Orleans shall remit to the district all amounts collected1
not more than sixty days after collection.2
* * *3
§9100.12. Budget; audit; applicability of other laws4
A. The executive board shall submit a proposed budget to the commission5
annually for review. The commission may make any amendments to the budget it6
deems necessary. The commission shall adopt an annual budget in accordance with7
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The budget and8
all amendments shall be subject to the approval of the governing authority.9
* * *10
Section 2. 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)]
Badon HB No. 956
Abstract: Authorizes the New Orleans city council to levy and collect a parcel fee within
the area of the East New Orleans Neighborhood Advisory Commission.
Present law creates and provides for the East New Orleans Neighborhood Advisory
Commission as a corporate body with all the powers and rights of a political subdivision of
the state whose area shall include each neighborhood in New Orleans East.
Present law provides that the commission's primary purpose is to advise appropriate
governmental entities on government policy.
Present law provides that the commission shall consist of the president of each neighborhood
association or organization within the commission area or an appointed representative of that
neighborhood association or organization. Provides that the commission shall also consist
of two at-large members elected from the commission area.
Present law requires the commission to adopt the rules and regulations necessary to conduct
its business affairs and to have official custody of its monies, funds, and accounts. Provides
for the commissions's powers and duties, including the following: HLS 12RS-662 ORIGINAL
HB NO. 956
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(1)Sue or be sued.
(2)Adopt, use, and alter at will a seal and bylaws.
(3)Receive and expend funds collected pursuant to present law or otherwise made
available to the commission.
(4)Enter into contracts or agreements with individuals or entities to carry out its powers
and duties and to accomplish its purposes.
(5)Purchase items and supplies instrumental to its purposes.
(6)Employ an executive director and staff.
(7)Acquire and dispose of property.
(8)Construct and operate facilities.
Proposed law retains present law and additionally authorizes the New Orleans city council
to levy and collect a parcel fee upon each parcel within the commission area. Provides that
the amount of the fee shall be as requested by resolution of the commission and approved
by a majority of the registered voters in the area. Provides that the amount of the fee shall
be not less than $5 nor more than $10 per parcel per year. Defines "parcel" as a lot, a
subdivided portion of ground, or an individual tract which is zoned residential. Requires that
the fee be levied on each improved or unimproved parcel located within the district
Proposed law provides that the fee shall expire four years after its initial levy but may be
renewed for a term not to exceed eight years. Provides that the fee will be levied and
collected in the same manner and at the same time as ad valorem taxes on property are levied
and collected by the city. Requires that the proceeds of the fee be used solely and
exclusively for the purpose and benefit of the district. Authorizes the city to retain 1% of
the amount collected as a collection fee. Further requires the city to remit to the district all
amounts collected not more than 60 days after collection.
Present law requires the commission to adopt an annual budget in accordance with the La.
Local Government Budget Act (R.S. 39:1301 et seq.) and provides for the commission's
cooperation with other entities.
Proposed law retains present law and additionally requires the commission's executive board
to submit a proposed budget to the commission annually for review. Provides that the
commission may make any amendments to the budget it deems necessary.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:9100.12(A); Adds R.S. 33:9100.10)