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Regular Session, 2012
HOUSE BILL NO. 967
BY REPRESENTATIVES LEGER AND MORENO
DISTRICTS/SPECIAL: Creates the New Orleans Hospitality District
AN ACT1
To enact Subpart B-47 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 33:130.851 through 130.860, relative to the New3
Orleans Hospitality District; to create the district; to provide for the boundaries of4
the district; to provide for the governance of the district; to provide for the powers,5
duties, and functions of the district; to provide for the creation of subdistricts; to6
provide for the incurrence of debt; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Subpart B-47 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised9
Statutes of 1950, to be comprised of R.S. 33:130.851 through 130.860, is hereby enacted to10
read as follows:11
SUBPART B-47 NEW ORLEANS HOSPITALITY DISTRICT12
§130.851. Short Title13
The provisions of this Subpart shall be known as the “New Orleans14
Hospitality District Act”.15
§130.852. New Orleans Hospitality District; creation; territorial jurisdiction16
(A) There is hereby created in the city of New Orleans, referred to in this 17
Subpart as the “city,” the New Orleans Hospitality District, a body politic and18
corporate of the State, referred to in this Subpart as the “district,” which shall be19
comprised of all the territory within the parish of Orleans.20 HLS 12RS-1412 ORIGINAL
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(B) The district shall be a political subdivision of the state as defined in1
Article VI, Section 44 of the Constitution of Louisiana and is granted all of the2
rights, powers, privileges, and immunities accorded by law and the Constitution of3
Louisiana to political subdivisions of the state, subject to the limitations provided in4
this Subpart.5
§130.853. Definitions6
As used in this Subpart:7
(1) “Board” means the board of commissioners of the New Orleans8
Hospitality District.9
(2) “City” means the City of New Orleans.10
(3) “District” means the New Orleans Hospitality District.11
(4) “Hospitality zone” means all territory within the following boundaries:12
The Ponchartrain Expressway, at the point where it intersects with Claiborne13
Avenue, down to the Mississippi River; the Mississippi River to a point where it14
intersects with a line drawn straight down from the end of Elysian Fields; Elysian15
Fields to a point where it intersects with Claiborne Avenue; Claiborne Avenue back16
to the point where it intersects with the Ponchartrain Expressway.17
(5) “Hotel” means any establishment engaged in the business of furnishing18
or providing rooms intended or designed for dwelling, lodging, or sleeping purposes19
to transient guests where such establishment consists of ten or more guest rooms but20
does not include any hospital, convalescent or nursing home or sanitarium, or any21
facility that would otherwise qualify as a hotel but is operated by or in connection22
with a hospital or medical clinic providing rooms exclusively for patients and their23
families.24
(6) “Mayor” means the mayor of the City of New Orleans.25
§130.854. Purpose26
The district is created to provide for cooperative economic and community27
development among the district, the city, the state, the organizations listed in R.S.28
33:130.855(A)(1) of this Subpart and the owners of property in the hospitality zone,29 HLS 12RS-1412 ORIGINAL
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to enhance the development and improvement of the properties within the hospitality1
zone, to promote tourism within the hospitality zone, to provide enhanced public2
safety and sanitation within the hospitality zone, to provide for signage and lighting3
within the hospitality zone, and to provide for property renewal and repair within the4
hospitality zone.5
§130.855. Governance6
(A) In order to effect the purposes of the district, the district shall be7
administered and governed by a board of commissioners, referred to in this Subpart8
as the “board,” composed of eleven members appointed and qualified as follows: 9
(1) The chair or equivalent office-holder of each of the Greater New Orleans10
Hotel and Lodging Association, Inc.; the New Orleans Chapter of the Louisiana11
Restaurant Association, Inc; the New Orleans Convention and Visitors Bureau; the12
Louisiana Stadium and Exposition District; the New Orleans Tourism Marketing13
Corporation; and the Ernest N. Morial-New Orleans Exhibition Hall Authority, or14
the successor in function of each, as applicable, who shall serve ex officio and shall15
have full voting rights on all matters coming before the board.16
(2) Five residents of Orleans Parish appointed by the mayor, all of whom17
shall be registered voters of Orleans Parish and none of whom may hold local,18
municipal, parish, state, or federal office, either elected or appointed, or employment19
with any such governmental entity, and all of whom shall be owners or operators of20
hotels or other tourism or hospitality businesses within the district. The members so21
appointed by the mayor shall serve at the pleasure of the mayor and shall have full22
voting rights on all matters coming before the board. 23
(B) The members of the board shall serve without salary or per diem. The24
board may reimburse any member for reasonable, actual, and necessary expenses25
incurred in the performance of his or her duties pursuant to this Subpart.26
(C) The mayor shall appoint from among the ex officio members of the27
board a chair of the board to serve for a term of six years. Any vacancy in the office28
of chair during the original six-year term shall be filled by appointment by the mayor29 HLS 12RS-1412 ORIGINAL
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from among the ex officio members of the board. After the expiration of the original1
six-year term, the board shall elect a chair from among its members. The board may2
elect from among its members a secretary, treasurer, and such other board officers3
as it deems appropriate.4
(D) The board shall meet in regular session once each quarter and shall also5
meet in special session as often as the chairman of the board convenes the board or6
upon the written request of three or more members. A majority of the members of7
the board shall constitute a quorum for the transaction of business. All such8
meetings shall be public meetings subject to the Louisiana Open Meetings Law. The9
board shall keep minutes of all meetings and shall make them available for10
inspection through the board’s secretary or secretary-treasurer, who shall also11
maintain the minute books and archives of the district. The monies, funds, and12
accounts of the district shall be in the official custody of the board.13
(E) The domicile of the board shall be established by the board at a location14
within the district. The official journal of the district shall be the official journal of15
the city.16
(F) All administrative duties requiring staff assistance to the board shall be17
furnished from the personnel of the New Orleans Convention and Visitors Bureau18
and New Orleans Tourism Marketing Corporation.19
§130.856. Rights and Powers20
The district, acting by and through its board, shall have and exercise all21
powers necessary or convenient for the carrying out of its objects and purposes,22
including but not limited to the following in addition to the other rights and powers23
set out in this Subpart:24
(1) To sue and be sued.25
(2) To adopt, use, and alter at will a corporate seal.26
(3) To acquire by gift, grant, purchase, or otherwise all property, including27
rights of way; to hold and use any franchise or property, real, personal, or mixed,28 HLS 12RS-1412 ORIGINAL
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tangible or intangible, or any interest therein, necessary or desirable for carrying out1
the objects and purposes of the district.2
(4) To enter into contracts for the purchase, lease, acquisition, finance,3
construction, and improvement of works and facilities necessary in connection with4
the purposes of the district, and to mortgage and otherwise encumber its properties5
and enter into leases and other agreements on terms the board approves.6
(5) To require and issue licenses with respect to its properties and facilities.7
(6) To regulate the imposition of fees and rentals charged by the district for8
its facilities and services rendered by it.9
(7) To appoint agents and independent contractors, prescribe their duties, and10
fix their compensation.11
(8) To exercise any and all of the powers granted to an economic12
development district as if the district were an economic development district13
established pursuant to Part II of Chapter 27 of Title 33 of the Louisiana Revised14
Statutes of 1950, including but not limited to the powers of tax increment financing15
pursuant to R.S. 33:9038.33 and 33:9038.34 and the power to levy taxes within the16
district pursuant to R.S. 33:9038.39, provided that any such powers exercised by the17
district shall be subject to the provisions of Part II of Chapter 27 of Title 33 of the18
Louisiana Revised Statutes of 1950.19
§130.857. Applicability of Public Bid Laws20
Any purchases or contracts made or entered into by the district shall be in21
accordance with Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes22
of 1950.23
§130.858. Creation of Subdistricts24
The district may create subdistricts as provided in this Section. The district25
shall publish notice of its intent to create a subdistrict in the official journal of the26
district. At least ten days after publication of such notice in the official journal of the27
district, the board shall conduct a public hearing on the question of creating such28
subdistrict. Thereafter, the board may designate one or more areas within the29 HLS 12RS-1412 ORIGINAL
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boundaries of the district as a subdistrict of the district. Each subdistrict shall1
constitute a political subdivision of the state and shall be governed by the board.2
Each subdistrict shall have the same powers and purposes as the district and shall be3
given a name and designated as “New Orleans Hospitality District Subdistrict No.4
___” or such other suitable name as the board may designate.5
§130.859. Liberal Construction6
This Subpart, being necessary for the welfare of the state, the city, and its7
residents, shall be liberally construed to effect the purposes thereof.8
§130.860. Severability9
The provisions of this Subpart are severable. If any provision of this Subpart10
should be found to be invalid or unenforceable in a final, unappealable judgement11
by a court of competent jurisdiction, then such provision shall be ineffective to the12
extent of such invalidity or unenforceability without invalidating the remaining13
provisions of this Subpart.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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)]
Leger HB No. 967
Abstract: Creates the New Orleans Hospitality District in Orleans Parish
Proposed law creates the New Orleans Hospitality District in Orleans Parish. Provides for
boundaries of the district, which are coterminous with the boundaries of Orleans Parish.
Proposed law provides for the governance of the district by a board of commissioners
comprised of 11 members as follows:
(1)The chair or equivalent office-holder of each of:
(a)The Greater New Orleans Hotel and Lodging Association, Inc. HLS 12RS-1412 ORIGINAL
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(b)The New Orleans Chapter of the Louisiana Restaurant Association, Inc.
(c)The New Orleans Convention and Visitors Bureau.
(d)The Louisiana Stadium and Exposition District.
(e)The New Orleans Tourism Marketing Corporation.
(f)The Ernest N. Morial-New Orleans Exhibition Hall Authority.
(2)Five residents of Orleans Parish appointed by the mayor, all of whom must be
registered voters in the parish and none of whom may hold local, state, or federal
office (elected or appointed), or employment with any such entity. All appointees
must also be owners or operators of hotels or other tourism or hospitality businesses
within the district.
Proposed law provides that the commissioners shall not receive a salary or per diem for their
service but may be reimbursed for all reasonable, actual, and necessary expenses incurred
in the performance of his or her duties.
Proposed law further provides for the powers, rights and duties of the district which include
but are not limited to:
(1)To sue and be sued.
(2)To acquire property of any type and use it to accomplish the purposes of the district.
(2)To enter into contracts.
(4)To use tax increment financing.
Proposed law requires the district to act in conformity with the state's public bid law (present
law comprised of Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of
1950).
Proposed law authorizes the governing authority of the district to create subdistricts.
Proposed law provides for a liberal construction of the provisions of proposed law.
Further provides for severability if any provision of proposed law is deemed in valid or
unenforceable by a court of law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds Subpart B-47 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 33:130.851 through 130.860)