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ACT No. 426
Regular Session, 2012
HOUSE BILL NO. 956
BY REPRESENTATIVE BADON
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
B. The fee shall be levied only as authorized by the commission as provided20
in this Subsection.21
(1) The amount of the fee shall be as requested by duly adopted resolution22
of the commission. The amount of the fee, however, shall not be less than five23
dollars nor more than ten dollars per parcel per year. The fee shall be levied on each24 ENROLLEDHB NO. 956
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improved or unimproved parcel located within the district. The owner of the parcel1
shall be responsible for payment of the fee.2
(2) The fee shall be levied only upon request by the commission to the3
governing authority and only after the question of its levy has been approved by a4
majority of the registered voters of the area voting on the proposition at an election5
held for that purpose in accordance with the Louisiana Election Code. The6
commission may increase the amount of the fee, by duly adopted resolution, not to7
exceed the maximum amount provided in Paragraph (1) of this Subsection. No other8
election shall be required except as provided by this Paragraph.9
(3) The fee shall expire four years after its initial levy but may be renewed10
if approved by a majority of the registered voters of the area voting on the11
proposition at an election as provided in Paragraph (2) of this Subsection. Any12
election to authorize the renewal of the fee shall be held for that purpose in13
accordance with the Louisiana Election Code. If the fee is renewed, the term of the14
imposition of the fee shall be as provided in the proposition authorizing such15
renewal, not to exceed eight years.16
(4) The fee shall be levied and collected in the same manner and at the same17
time as ad valorem taxes on property are levied and collected by the city.18
(5) Any unpaid fee shall be added to the tax rolls of the city and shall be19
enforced with the same authority and subject to the same penalties and procedures20
as are unpaid ad valorem taxes.21
(6)(a) The proceeds of the fee shall be used solely and exclusively for the22
purpose and benefit of the commission; however, the city may retain one percent of23
the amount collected as a collection fee.24
(b) The city of New Orleans shall remit to the commission all amounts25
collected not more than sixty days after collection.26
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§9100.12. Budget; audit; applicability of other laws28
A. The executive board shall submit a proposed budget to the commission29
annually for review. The commission may make any amendments to the budget it30 ENROLLEDHB NO. 956
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deems necessary. The commission shall adopt an annual budget in accordance with1
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The budget and2
all amendments shall be subject to the approval of the governing authority.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: