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Regular Session, 2012
SENATE BILL NO. 573
BY SENATORS MURRAY, ALARIO AND MORRELL AND REPRESENTATIVE
LEGER
SPECIA L DISTRICTS. Creates the New Orleans Hospitality and Entertainment District.
(gov sig)
AN ACT1
To enact Subpart B-28 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 33:130.551 through 130.560.2, relative to economic3
and community development in Orleans Parish; to create the New Orleans4
Hospitality and Entertainment District, a political subdivision of the State of5
Louisiana; to provide for the boundaries of the district; to provide for the governance6
of the district; to provide for the authority, powers, duties, and functions of the7
governing body of the district; to allow for the levy and collection of taxes and8
special assessments within the district; to provide for the authority to create9
subdistricts within the district; to authorize the district to issue and sell bonds; to10
provide for the duration of the district; to allow the governing body of the district to11
enter into cooperative endeavor agreements; and to provide for related matters.12
Notice of intention to introduce this Act has been published.13
Be it enacted by the Legislature of Louisiana:14
Section 1. Subpart B-28 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised15
Statutes of 1950, comprised of R.S. 33:130.551 through 130.560.2, is hereby enacted to read16
as follows:17 SB NO. 573
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SUBPART B. NEW ORLEANS HOSPITALITY AND1
ENTERTAINMENT DISTRICT2
§130.551. Title3
The provisions of this Subpart shall hereafter be known as the "New4
Orleans Hospitality and Entertainment District Act".5
§130.552. New Orleans Hospitality and Entertainment District; creation;6
territorial jurisdiction7
A. There is hereby created in the city of New Orleans, referred to in this8
Subpart as the "city," the New Orleans Hospitality and Entertainment District,9
a body politic and corporate of the State, referred to in this Subpart as the10
"district," which shall be comprised of all the property within the Parish of11
Orleans.12
B. The district shall be a political subdivision of the state as defined in13
Article VI, Section 44 of the Constitution of Louisiana. Pursuant to Article VI,14
Sections 19 and 21 of the Constitution of Louisiana, the district is hereby15
granted all of the rights, powers, privileges and immunities accorded by law and16
the Constitution of Louisiana to political subdivisions of the state, subject to the17
limitations provided in this Subpart.18
§130.553. Definitions19
As used in this Subpart:20
(1) "Board" means the board of commissioners of the New Orleans21
Hospitality and Entertainment District.22
(2) "City" means the City of New Orleans.23
(3) "District" means the New Orleans Hospitality and Entertainment24
District, created as a body politic and corporate and political subdivision of the25
State of Louisiana comprised of all of the territory in the parish of Orleans.26
(4) "Hospitality zone" means all territories within the boundaries of27
Faubourg Marigny, French Quarter, the Central Business District, the28
Warehouse District, Convention Center District, Louisiana Sports and29 SB NO. 573
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Entertainment District, any contiguous area between the boundaries of any of1
the foregoing and the Mississippi River and any other contiguous area formally2
designated by the mayor of New Orleans as part of the hospitality zone.3
(5) "Hotel" means any establishment engaged in the business of4
furnishing or providing rooms intended or designed for dwelling, lodging, or5
sleeping purposes to transient guests where such establishment consists of ten6
or more guest rooms but does not include any hospital, convalescent or nursing7
home or sanitarium, or any hotel-like facility operated by or in connection with8
a hospital or medical clinic providing rooms exclusively for patients and their9
families.10
(6) "Mayor" means the mayor of the City of New Orleans.11
§130.554. Purpose12
The district is created to provide for cooperative economic and13
community development among the district, the city, the state, the organizations14
listed in Section 130.555(A) of this Subpart and the owners of property in the15
hospitality zone, to enhance the development of and improvement to the16
properties within the hospitality zone, to promote tourism within the hospitality17
zone, to provide enhanced public safety and sanitation within the zone, to18
provide for signage and lighting within the hospitality zone, to provide for19
property renewal and repair within the zone and to expand the entertainment20
and leisure activities and facilities within the hospitality zone.21
§130.555. Governance22
A. In order to effect the purposes of the district, the district shall be23
administered and governed by a board of commissioners, referred to in this24
Subpart as the "board," composed of ten members appointed and qualified as25
follows: 26
(1) The chair or holder of equivalent office of each of the Greater New27
Orleans Hotel and Lodging Association, Inc.; the New Orleans Chapter of the28
Louisiana Restaurant Association, Inc.; the New Orleans Convention and29 SB NO. 573
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Visitors Bureau; the Louisiana Stadium and Exposition District; the New1
Orleans Tourism Marketing Corporation; and the Ernest N. Morial-New2
Orleans Exhibition Hall Authority, or the successor in function of each, as3
applicable, who shall serve ex officio and shall have full voting rights on all4
matters coming before the board.5
(2) Four residents of Orleans Parish appointed by the mayor, all of6
whom shall be of the full age of majority and registered voters of Orleans Parish7
and none of whom may hold local, municipal, parish, state or federal elective8
office or any local, municipal, parish, state, or federal non-elective office or9
employment, and all of whom shall have substantial business interests related10
directly to tourism in the hospitality zone, either as owners or operators of11
hotels or other tourism or hospitality businesses. The members so appointed by12
the mayor shall serve at the pleasure of the mayor and shall have full voting13
rights on all matters coming before the board.14
B. The members of the board shall serve without salary or per diem.15
The board may reimburse any member for reasonable, actual and necessary16
expenses incurred in the performance of his or her duties pursuant to this17
Subpart.18
C. The mayor shall appoint from among the ex officio members of the19
board a chair of the board to serve for a term of six years and until a successor20
is designated. Any vacancy in the office of chair during the original six-year21
term shall be filled by the mayor from among the ex officio members of the22
board. After the expiration of the original six-year term, the board shall elect23
a chair from among its members. The board may elect from among its24
members a secretary, treasurer and such other board officers as it deems25
appropriate.26
D. The board shall meet in regular session once each quarter and shall27
also meet in special session as often as the chairman of the board convenes the28
board or upon the written request of three members. A majority of the29 SB NO. 573
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members of the board shall constitute a quorum for the transaction of business.1
All such meetings shall be public meetings subject to the provisions of R.S.2
42:14. The board shall keep minutes of all meetings and shall make them3
available for inspection through the board's secretary or secretary-treasurer,4
who shall also maintain the minute books and archives of the district. The5
monies, funds, and accounts of the district shall be in the official custody of the6
board.7
E. The domicile of the board shall be established by the board at a8
location within the district. The official journal of the district shall be the9
official journal of the City.10
F. All administrative duties requiring staff assistance to the board shall11
be furnished from the personnel of the New Orleans Convention and Visitors12
Bureau and New Orleans Tourism Marketing Corporation.13
§130.556. Rights and Powers14
The district, acting by and through its board, shall have and exercise all15
powers of a political subdivision necessary or convenient for the carrying out16
of its objects and purposes, including but not limited to the following in addition17
to the other rights and powers set out in this Subpart:18
(1) To sue and be sued.19
(2) To adopt, use, and alter at will a corporate seal.20
(3) To acquire by gift, grant, purchase, or otherwise all property,21
including rights of way; to hold and use any franchise or property, real,22
personal, or mixed, tangible or intangible, or any interest therein, necessary or23
desirable for carrying out the objects and purposes of the district.24
(4) To enter into contracts for the purchase, lease, acquisition, finance,25
construction, and improvement of works and facilities necessary in connection26
with the purposes of the district, and to mortgage and otherwise encumber its27
properties and enter into leases and other agreements on terms the board28
approves.29 SB NO. 573
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(5) To require and issue licenses with respect to its properties and1
facilities.2
(6) To regulate the imposition of fees and rentals charged by the district3
for its facilities and services rendered by it.4
(7) To appoint agents and independent contractors, prescribe their5
duties, and fix their compensation.6
(8) To enter into cooperative endeavor agreements to accomplish the7
purposes of the district with any other party, public or private, including but8
not limited to the State of Louisiana and its agencies, the City, the Louisiana9
Stadium and Exposition District, the Ernest N. Morial-New Orleans Exhibition10
Hall Authority, the New Orleans Convention and Visitors Bureau, the New11
Orleans Tourism Marketing Corporation, and any other recipient of the avails12
of a tax imposed on the sale of services as defined in R.S. 47:301(14)(a) or13
otherwise on the occupancy of hotel rooms within the district.14
(9) Except for the tax authority provided in R.S. 33:9038.39, to exercise15
any and all of the other powers granted to an economic development district as16
if the district were an economic development district established pursuant to17
Part 2 of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950,18
including but not limited to the powers of tax increment financing pursuant to19
R.S. 33:9038.33 and 9038.34, provided that any such powers exercised by the20
district shall be subject to the provisions of Part 2 of Chapter 27 of Title 33 of21
the Louisiana Revised Statutes of 1950.22
§130.557. Applicability of Public Bid Laws23
Any purchases or contracts made or entered into by the district shall be24
in accordance with the public bid laws of this State; provided, however, that25
until the date of the 2013 Super Bowl XLVII, such public bid laws shall not be26
applicable to contracts entered into or purchases made by the district and the27
district shall endeavor to solicit at least two proposals for all such contracts and28
purchases and, whenever possible, to obtain the best price available as known29 SB NO. 573
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to the district, considering the quantities required and the quality desired at the1
time available for the delivery, the sources of supply and other commercially2
reasonable considerations.3
§130.558. Levy of Taxes4
A. It is expressly provided that any taxes levied by the district, or any5
subdistrict created by the district, may exceed the limitation set forth by Article6
VI, Section 29(A) of the Constitution of Louisiana and shall be imposed,7
collected and enforced subject to the terms of the resolution imposing the tax8
and the provisions of Chapter 2 of Subtitle II of Chapter 47 of the Louisiana9
Revised Statutes of 1950.10
B. The district is hereby authorized and empowered to levy a tax on the11
occupancy of hotel rooms in the district in an aggregate amount not to exceed12
one and three-quarters percent (1.75%) at any time. The avails any tax so levied13
up to one and one half percent (1.50%) shall be dedicated 50 percent to the New14
Orleans Tourism Marketing Corporation for the advertising, marketing and15
promotion of the hospitality industry in the district and 50 percent to the New16
Orleans Convention and Visitors Bureau for sales, marketing, public relations17
and promotion of the hospitality industry in the district. The remaining avails18
of any tax levied under this Subsection shall be dedicated to the district for use19
in furtherance of its purposes.20
C. The district is hereby further authorized and empowered to levy a tax21
on the sale at retail of food and beverages in the hospitality zone for22
consumption on or off the premises in an aggregate amount not to exceed one23
fourth of one percent (0.25%) at any time. The avails of any tax so levied shall24
be dedicated to the district for use in the furtherance of its purposes.25
D. The district is hereby further authorized to levy a tax with respect to26
in-premises hotel parking and other fees and assessments on activities within27
the hospitality zone that, as a class, benefit directly from tourism or28
tourist-related activities; provided that any such tax, fee or assessment shall not29 SB NO. 573
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take effect until forty-five days after its enactment and further provided that the1
New Orleans City Council may by the affirmative vote of a majority of its2
members taken at any time within 30 days of its enactment, rescind any such3
tax, fee or assessment. The avails of any tax, fee or assessment so levied shall4
be dedicated to the district for use in the furtherance of its purposes.5
E. Any taxes of any type to be levied by the district, district-wide or in6
any subdistrict created by the district, with respect to the occupancy of hotel7
rooms under authority of Subsection B of this Section or the sale of food and8
beverages under authority of Subsection C of this Section shall be levied only9
after the board has adopted an appropriate resolution giving notice of its10
intention to levy such taxes, which resolution shall include a general description11
of the taxes to be levied, and notice of this intention shall be published once a12
week for two weeks in the official journal of the district, the first publication to13
appear at least fourteen days before the public meeting of the board at which14
the board will meet in open and public session to hear any objections to the15
proposed taxes. The notice of intent so published shall state the date, time, and16
place of the public hearing. Such taxes may be levied only after the board has17
called a special election submitting the proposition for the levy of such taxes to18
the qualified electors of the district or subdistrict, as applicable, and the19
proposition has received the favorable vote of a majority of the electors voting20
in the election; however, in the event there are no qualified electors in the21
district or subdistrict, as applicable, as certified by the registrar of voters, no22
such election shall be required. The powers and rights conferred by this Section23
shall be in addition to the powers and rights conferred by any other general or24
special law. This Section does and shall be construed to provide a complete and25
additional method for the levy of any taxes, subject to the limitations of26
Subsection (F). No election, proceeding, notice, or approval shall be required for27
the levy of such taxes except as provided herein.28
F. Any tax levied under this section shall be in addition to all other taxes29 SB NO. 573
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and shall be collected at the same time and in the same manner and pursuant1
to the practices and procedures set forth in the Uniform Local Sales Tax Code2
in Chapter 2-D of Subtitle II of Title 47 of the Louisiana Revised Statutes of3
1950.4
§130.559. Creation of Subdistricts5
The district may create subdistricts as provided in this Section. The6
district shall publish notice of its intent to create a subdistrict in the official7
journal of the district. At least ten days after publication of such notice in the8
official journal of the district, the board shall conduct a public hearing on the9
question of creating such subdistrict. Thereafter, the board may designate one10
or more areas within the boundaries of the district as a subdistrict of the11
district. Each subdistrict shall constitute a political subdivision of the state and12
shall be governed by the board. Each subdistrict shall have the same powers13
and purposes as the district and shall be given a name and designated as "New14
Orleans Hospitality and Entertainment District Subdistrict No. ___" or such15
other suitable name as the board may designate.16
§130.560. Bonds of the District17
A. The district, or any subdistrict created by the district, is hereby18
authorized and empowered to issue and sell from time to time bonds, notes,19
renewal notes, refunding bonds, interim certificates, certificates of indebtedness,20
certificates of participation, debentures, warrants, commercial paper, or other21
obligations or evidences of indebtedness to provide funds for and to fulfill and22
achieve its public purpose or corporate purposes, as set forth in this Subpart,23
including but not limited to the payment of all or a portion of the costs of a24
project, to provide amounts necessary for any corporate purposes, including25
necessary and incidental expenses in connection with the issuance of the26
obligations, the payment of principal and interest on the obligations of the27
district, the establishment of reserves to secure such obligations, and all other28
purposes and expenditures of the district incident to and necessary or29 SB NO. 573
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convenient to carry out its public functions or corporate purposes, and any1
credit enhancement for said obligations.2
B. Except as may otherwise be provided by the board, all obligations3
issued by the district, or any subdistrict created by the district, shall be4
negotiable instruments and payable solely from the revenues of the district or5
subdistrict, as applicable, as determined by the board, or from any other6
sources whatsoever, that may be available to the district or subdistrict, as7
applicable, but shall not be secured by the full faith and credit of the state or the8
city.9
C. Obligations shall be authorized, issued, and sold by a resolution or10
resolutions of the board. Such bonds or obligations may be of such series, bear11
such date or dates, mature at such time or times, bear interest at such rate or12
rates, including variable, adjustable, or zero interest rates, be payable at such13
time or times, be in such denominations and in such form, carry such14
registration and exchangeability privileges, be payable at such place or places,15
be subject to such terms of redemption, and be entitled to such priorities on the16
income, revenue, and receipts of, or available to, the district or subdistrict, as17
applicable, as may be provided by the board in the resolution or resolutions18
providing for the issuance and sale of the bonds or obligations of the district.19
D. The obligations of the district, or any subdistrict created by the20
district, shall be signed by such officers of the board by either manual or21
facsimile signatures as shall be determined by resolution or resolutions of the22
board, and shall have impressed or imprinted thereon the seal of the district, or23
a facsimile thereof.24
E. Any obligations of the district, or any subdistrict created by the25
district, may be validly issued, sold, and delivered, notwithstanding that one or26
more of the officers of the board signing such obligations, or whose facsimile27
signature or signatures may be on the obligations, shall have ceased to be such28
officer of the board at the time such obligations shall actually have been29 SB NO. 573
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delivered.1
F. Obligations of the district, or any subdistrict created by the district,2
may be sold at such price or prices, at public or private negotiated sale, in such3
manner and from time to time as may be determined by the district to be most4
beneficial, subject to approval of the State Bond Commission, and the district5
may pay all expenses, premiums, fees, or commissions, which it may deem6
necessary or advantageous in connection with the issuance and sale thereof.7
G. The board may authorize the establishment of a fund or funds for the8
creation of a debt service reserve, a renewal and replacement reserve, or such9
other funds or reserves as the board may approve with respect to the financing10
and operation of any project funded with the proceeds of such bonds and as11
may be authorized by any bond resolution, trust agreement, indenture of trust12
or similar instrument or agreement pursuant to the provisions of which the13
issuance of bonds or other obligations of the district or subdistrict may be14
authorized.15
H. Any cost, obligation, or expense incurred for any of the purposes or16
powers of the district specified in this Subpart shall be a part of the project17
costs and may be paid or reimbursed as such out of the proceeds of bonds or18
other obligations issued by the district or subdistrict.19
I. For a period of thirty days from the date of publication of the20
resolution authorizing the issuance of bonds hereunder, any persons in interest21
shall have the right to contest the legality of the resolution and the legality of the22
bond issue for any cause, after which time no one shall have any cause or right23
of action to contest the legality of said resolution or of the bonds authorized24
thereby for any cause whatsoever. If no suit, action, or proceeding is begun25
contesting the validity of the bond issue within the thirty days herein26
prescribed, the authority to issue the bonds and to provide for the payment27
thereof, and the legality thereof and all of the provisions of the resolution28
authorizing the issuance of the bonds shall be conclusively presumed, and no29 SB NO. 573
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court shall have authority to inquire into such matters.1
J. Neither the members of the board nor any person executing the bonds2
shall be personally liable for the bonds or be subject to any personal liability by3
reason of the issuance thereof. However, the limitation of liability provided for4
in this Subsection shall not apply to any gross negligence or criminal negligence5
on the part of any member of the board or person executing the bonds.6
K. All obligations authorized to be issued by the district, or any7
subdistrict created by the district, pursuant to the provisions of this Subpart,8
together with interest thereof, income therefrom, and gain upon the sale thereof9
shall be exempt from all state and local taxes.10
L. The state and all public officers, any parish, municipality, or other11
subdivision or instrumentality of the state, any political subdivision, any bank,12
banker, trust company, savings bank and institution, building and loan13
association, savings and loan association, investment company or any person14
carrying on a banking or investment business, any insurance company or15
business, insurance association, and any person carrying on an insurance16
business, and any executor, administrator, curator, trustee, and other fiduciary,17
and any retirement system or pension fund may legally invest any funds18
belonging to them or within their control in any bonds or other obligations19
issued by the district, or any subdistrict created by the district, pursuant to the20
provisions of this Chapter, and such bonds or other obligations shall be21
authorized security for all public deposits. It is the purpose of this Subsection22
to authorize such persons, firms, corporations, associations, political23
subdivisions and officers, or other entities, public or private, to use any funds24
owned or controlled by them, including but not limited to sinking, insurance,25
investment, retirement, compensation, pension and trust funds, and funds held26
on deposit, for the purchase of any such bonds or other obligations of the27
district or subdistrict, and that any such bonds shall be authorized security for28
all public deposits. However, nothing contained in this Subsection with regard29 SB NO. 573
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to legal investments or security for public deposits shall be construed as1
relieving any such person, firm, corporation, or other entity from any duty of2
exercising reasonable care in selecting securities.3
§130.560.1. Liberal Construction4
This Subpart, being necessary for the welfare of the state, the city-parish5
and its residents, shall be liberally construed to effect the purposes thereof.6
§130.560.2. Severability7
The provisions of this Subpart are severable. It is intended that if any8
provision of this Subpart should be adjudged invalid or unenforceable, then9
such provision shall be ineffective to the extent of such invalidity or10
unenforceability without invalidating the remaining provisions of this Subpart.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Proposed law creates the New Orleans Hospitality and Entertainment District in the city of
New Orleans comprised of all the property within the Parish of Orleans as a political
subdivision of the state granted all of the rights, powers, privileges and immunities accorded
by law and the Constitution to such political subdivisions of the state, subject to the
limitations provided in the proposed law. The district is created to provide for cooperative
economic and community development among the district, the city, the state, the
organizations which have ex officio commissioners on the board of commissioners (see
below) and the owners of property in the "hospitality zone", to do the following within the
"hospitality zone": enhance the development of and improvement to the properties; promote
tourism; provide enhanced public safety and sanitation; provide for signage and lighting;
provide for property renewal and repair; and to expand entertainment and leisure activities
and facilities.
"Hospitality zone" is defined as all territories within the boundaries of Faubourg Marigny,
French Quarter, the Central Business District, the Warehouse District, Convention Center
District, Louisiana Sports and Entertainment District, any contiguous area between the
boundaries of any of those territories and the Mississippi River and any other contiguous
area formally designated by the mayor of New Orleans as part of the hospitality zone.
The district is authorized to create subdistricts in one or more areas within the boundaries SB NO. 573
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of the district which are also political subdivisions and are governed by the same board of
commissioners that govern the district (see below). The district is required to publish notice
of its intent to create a subdistrict in the official journal of the district and conduct a public
hearing on the question of creating such subdistrict at least 10 days after publication. of such
notice in the official journal of the district. Thereafter, the board may designate one or more
areas within the boundaries of the district as a subdistrict of the district.
Proposed law specifically authorizes the district to levy the following taxes, fees, or
assessments district-wide or in subdistricts:
1. A tax on the occupancy of hotel rooms in the district in an aggregate amount not to
exceed 1.75% at any time.
"Hotel" is defined as any establishment engaged in the business of furnishing or
providing rooms intended or designed for dwelling, lodging, or sleeping purposes to
transient guests where such establishment consists of 10 or more guest rooms but
does not include any hospital, convalescent or nursing home or sanitarium, or any
hotel-like facility operated by or in connection with a hospital or medical clinic
providing rooms exclusively for patients and their families.
The proceeds from up to 1.5% of the 1.75% tax rate may are dedicated as follows:
a. 50% to the New Orleans Tourism Marketing Corporation for the advertising,
marketing and promotion of the hospitality industry in the district.
b. 50% to the New Orleans Convention and Visitors Bureau for sales,
marketing, public relations and promotion of the hospitality industry in the
district.
The remaining proceeds (from 0.25% of the tax rate) are dedicated to the district for
use in furtherance of its purposes.
2. A tax on sale at retail of food and beverages in the "hospitality zone" for
consumption on or off the premises in an aggregate amount not to exceed 0.25% at
any time. The proceeds are dedicated to the district for use in the furtherance of its
purposes.
The hotel room occupancy tax and the tax on the sale of food and beverages may be levied
only after the board has adopted an appropriate resolution giving notice of its intention to
levy the taxes and notice of this intention is published once a week for two weeks in the
official journal of the district, the first publication to appear at least 14 days before the public
meeting of the board at which the board will meet in open and public session to hear any
objections to the proposed taxes. The taxes may be levied only after the board has called a
special election submitting the proposition for the levy of such taxes to the qualified electors
of the district or subdistrict, as applicable, and the proposition has received the favorable
vote of a majority of the electors voting in the election, unless there are no qualified electors
in the district or subdistrict as certified by the registrar of voters, then no election is required.
3. A tax with respect to in-premises hotel parking and other fees and assessments on
activities within the "hospitality zone" that, as a class, benefit directly from tourism
or tourist-related activities. However, any such tax, fee or assessment does not take
effect until 45 days after its enactment and the New Orleans City Council may by the
affirmative vote of a majority of its members taken at any time within 30 days of its
enactment, rescind any such tax, fee or assessment. The proceeds of any tax, fee or
assessment are dedicated to the district for use in the furtherance of its purposes.
Any tax levied must be collected at the same time and in the same manner and pursuant to
the practices and procedures set forth in R.S. 47:301 through R.S. 47:318. SB NO. 573
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Proposed law requires the district to be governed by a board of commissioners of 10
members who serve ex officio and shall have full voting rights as follows:
1. The chair or holder of equivalent office of:
The Greater New Orleans Hotel and Lodging Association, Inc.
The New Orleans Chapter of the Louisiana Restaurant Association, Inc.
The New Orleans Convention and Visitors Bureau.
The Louisiana Stadium and Exposition District.
The New Orleans Tourism Marketing Corporation.
The Ernest N. Morial-New Orleans Exhibition Hall Authority.
2. Four residents of Orleans Parish appointed by the mayor, all of whom must be of the
full age of majority and registered voters of Orleans Parish and none of whom may
hold local, municipal, parish, state, or federal elective office or any local, municipal,
parish, state or federal non-elective office or employment, and all of whom shall
have substantial business interests related directly to tourism in the hospitality zone,
either as owners or operators of hotels or other tourism or hospitality businesses.
The members so appointed by the mayor serve at his pleasure and have full voting
rights.
The members serve without salary or per diem, but the board is authorized to reimburse any
member for reasonable, actual and necessary expenses incurred in the performance of his
or her duties.
The mayor must appoint from among the ex officio members a chair of the board to serve
for a term of 6 years and until a successor is designated. Any vacancy is filled by the mayor
from among the ex officio members of the board. After the expiration of the original 6-year
term, the board elects a chair from among its members. The board may elect from among
its members a secretary, treasurer and such other board officers as it deems appropriate.
A majority of the board constitutes a quorum for the transaction of business. All meetings
are public meetings subject to the provisions of R.S. 42:14. The domicile of the board is to
be established by the board at a location within the district. The official journal of the
district is the official journal of the City.
Proposed law provides that all administrative duties requiring staff assistance to the board
must be furnished from the personnel of the New Orleans Convention and Visitors Bureau
and New Orleans Tourism Marketing Corporation.
Proposed law provides that the district (or subdistricts), acting by and through its board may
exercise all powers of a political subdivision necessary or convenient for the carrying out
of its objects and purposes, including but not limited to the following:
1. All the usual powers given to political subdivisions in legislation, such as to: sue and
be sued; acquire property; enter into contracts, mortgages, and encumbrances;
require and issue licenses ; regulate the imposition of fees and rentals charged by the
district for its facilities and services rendered by it; appoint agents and independent
contractors, prescribe their duties, and fix their compensation.
2. To enter into cooperative endeavor agreements to accomplish the purposes of the
district with any other party, public or private, including but not limited to the State
of Louisiana and its agencies, the City, the Louisiana Stadium and Exposition SB NO. 573
SLS 12RS-311 ORIGINAL
Page 16 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
District, the Ernest N. Morial-New Orleans Exhibition Hall Authority, the New
Orleans Convention and Visitors Bureau, the New Orleans Tourism Marketing
Corporation, and any other recipient of the avails of a tax imposed on the sale of
services as defined in R.S. 47:301(14)(a) or otherwise on the occupancy of hotel
rooms within the district.
3. To exercise the powers granted to an economic development district as if the district
were an economic development district established pursuant to Part 2 of Chapter 27
of Title 33, including but not limited to the powers of TIF financing but excluding
the power to levy taxes pursuant to R.S. 33:9038.39.
4. To issue and sell from time to time bonds, notes, and various other obligations or
evidences of indebtedness with the usual procedures of, manner of, and limitations
provided to entities on such issuance and sale set forth in detail in proposed law
including requiring anyone contesting the legality of a resolution authorizing the
issuance of bonds or of the bonds authorized to do so within 30 days from the date
of publication of the resolution.
5. Any purchases or contracts made or entered into by the district are to be done in
accordance with the public bid laws of the state. However, until the date of the 2013
Super Bowl XLVII, the public bid laws are not applicable to contracts entered into
or purchases made by the district, but the district must endeavor to solicit at least two
proposals for all such contracts and purchases and, whenever possible, to obtain the
best price available as known to the district, considering the quantities required and
the quality desired at the time available for the delivery, the sources of supply and
other commercially reasonable considerations.
Proposed law is to be liberally construed to effect its purposes and the provisions are
severable.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 33:130.551 - 130.560.2)