Louisiana 2013 Regular Session

Louisiana House Bill HB258 Latest Draft

Bill / Introduced Version

                            HLS 13RS-279	ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 258
BY REPRESENTATIVE PIERRE
DISTRICTS/REDEVELOPMENT:  Provides relative to the boundaries and governance of
the North Lafayette Redevelopment Authority
AN ACT1
To amend and reenact R.S. 33:4720.171(F)(1) and (G), relative to Lafayette Parish; to2
provide relative to the North Lafayette Redevelopment Authority; to provide relative3
to the boundaries of the authority; to provide relative to the governing board of the4
authority; to change the membership of the governing board; to provide relative to5
the terms and qualifications of board members and their powers and duties; and to6
provide for related 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. 33:4720.171(F)(1) and (G) are hereby amended and reenacted to read12
as follows:13
ยง4720.171.  North Lafayette Redevelopment Authority14
*          *          *15
F.(1)  The North Lafayette Redevelopment Authority shall be comprised of16
Councilmanic Districts 3 and 4 of the city of Lafayette as geographically drawn on17
July 14, 2008 August 1, 2013, but shall not include the area comprising the18 HLS 13RS-279	ORIGINAL
HB NO. 258
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Commercial Core subdistrict of the Lafayette Centre Development District created1
by Act 116 of the 1992 Regular Session of the Legislature.2
*          *          *3
G.(1)(a) The North Lafayette Redevelopment Authority shall be governed4
by a board of commissioners, referred to in this Part as the "board", comprised of5
nine citizens eleven members, all of whom shall reside or be employed within the6
geographical boundaries of the authority and seven of whom shall be qualified7
electors of the city parish of Lafayette as follows:8
(i)  Three commissioners Two members shall be appointed by the Louisiana9
state senator representing who represents Senate District 24 or in case of10
reapportionment, the state senator representing the majority of the northern portion11
of the city.12
(ii)  Two commissioners Three members shall be appointed by the Louisiana13
state representative representing who represents House District 44 or in case of14
reapportionment, the state representative representing the majority of the northern15
portion of the city.16
(iii)  Two members shall be appointed by the Louisiana state representative17
who represents House District 96.18
(iii)(iv) One commissioner member shall be appointed by the councilperson19
representing who represents Council District 3 of the Lafayette City-Parish Council.20
(iv)(v) One commissioner member shall be appointed by the councilperson21
representing who represents Council District 4 of the Lafayette City-Parish Council.22
(v)(vi) One commissioner member shall be appointed by the mayor-president23
of the city of Lafayette, parish of Lafayette.24
(vi)(vii) One commissioner shall be the director of the Lafayette Economic25
Development Authority One member shall be appointed by the governing board of26
the Upper Lafayette Economic Development Foundation.27
(b) The elected officials referred to above shall meet within thirty days of28
July 14, 2008, and shall appoint the commissioners as prescribed above appointing29 HLS 13RS-279	ORIGINAL
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authorities referred to in Subparagraph (a) of this Paragraph shall meet within sixty1
days after August 1, 2013, and shall appoint the members as provided in2
Subparagraph (a) of this Paragraph. Of the seven commissioners eleven members3
to be appointed by the elected officials, one commissioner shall be a member of the4
Greater Lafayette Chamber of Commerce, one shall be a member of the Greater5
Southwest Louisiana Black Chamber of Commerce, one commissioner shall be a6
member of a citizen's neighborhood association located within the jurisdiction of the7
authority, one commissioner shall be an accountant, one commissioner shall be a8
representative of the banking industry, and one 	commissioner shall be a9
representative of the real estate industry.10
(c) Appointment of a commissioner at the expiration of the term of an11
appointed commissioner, or appointment of a commissioner to fill the unexpired12
term of a position vacated by a commissioner, shall be made by the elected official13
who appointed the commissioner whose term expired.14
(d) A certificate of the appointment or reappointment of any commissioner15
shall be filed with the clerk of the city-parish council for Lafayette Parish, and such16
certificate shall be conclusive evidence of the proper appointment of such17
commissioner.18
(2) The commissioners who are first appointed shall serve for terms as19
follows: one for one year, one for two years, one for three years, two for four years,20
and two for five years, respectively, from the date of their appointment as shall be21
specified at the time of their appointment the respective terms to be determined by22
lot. Thereafter the term of office shall be five years.  A commissioner shall hold23
office until his successor has been appointed and qualified.24
(3) Each board member shall be a citizen of the United States, a domiciliary25
of and a qualified voter in the appropriate jurisdiction for at least one year preceding26
the date of appointment, and shall remain a domiciliary of and a qualified voter of27
such jurisdiction during the entirety of the term of office. Furthermore, each board28
member shall be of good character and shall possess some skill, knowledge, or29 HLS 13RS-279	ORIGINAL
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experience that will prove useful in the accomplishment of the goals of the authority1
as set forth in Subsection B of this Section.2
(4) The board shall establish rules and requirements relative to the3
attendance and participation of members in its meetings, regular or special.  Such4
rules and regulations may prescribe a procedure whereby, should any member fail5
to comply with such rules and regulations, such member may be disqualified and6
removed automatically from office by no less than a majority vote of the remaining7
members of the board, and that member's position shall be vacant as of the first day8
of the next calendar month. Any person removed under the provisions of this9
Paragraph shall be ineligible for reappointment to the board, unless such10
reappointment is confirmed unanimously by the board.11
(5) A vacancy on the board shall be filled in the same manner as the original12
appointment. In such cases a majority of the remaining board members may appoint13
an interim member to serve until a new member is confirmed.14
(6) Board members shall serve without compensation; however, the board15
may reimburse any member for expenses actually incurred in the performance of16
duties on behalf of the authority.17
(7) The board shall have power to organize and reorganize the executive,18
administrative, clerical, and other departments and forces of the authority and to fix19
the duties, powers, and compensation of all employees, agents, and consultants of the20
authority.21
(2)(a) Members shall serve terms of five years after initial terms as provided22
in this Subparagraph. Three members shall serve an initial term of one year, two23
shall serve two years, two shall serve three years, two shall serve four years, and two24
shall serve five years, as determined by lot at the first meeting of the board.25
(b) A member shall hold office until his successor has been appointed and26
qualified.27
(c) Members shall be eligible for reappointment.  A certificate of the28
appointment or reappointment of any member shall be filed with the clerk of the29 HLS 13RS-279	ORIGINAL
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city-parish council for the parish of Lafayette, and such certificate shall be1
conclusive evidence of the proper appointment of any such member.2
(d) Any member of the board may be removed for cause upon the3
recommendation of a majority of the remaining membership of the board in4
accordance with the bylaws adopted by the board.  Any person removed for cause5
shall be ineligible for reappointment to the board, unless such reappointment is6
confirmed by a unanimous vote of the membership of the board.7
(e) Board members shall serve without compensation; however, the board8
may reimburse any member for expenses actually incurred in the performance of9
duties on behalf of the authority.10
(3) Any vacancy in the membership of the board, occurring either by reason11
of the expiration of the term for which appointed or by reason of death, resignation,12
or otherwise, shall be filled in the manner of the original appointment.  If the13
appointing authority responsible for the appointment of a member fails to fill a14
vacancy within thirty days, the remaining members of the board shall appoint an15
interim successor to serve until the position is filled by the appointing authority.16
(4) The board may adopt bylaws or such other rules and regulations as it17
deems necessary for conducting its business affairs. The board may appoint and18
retain all employees it deems advisable and fix the powers, duties, and compensation19
of such employees.  The board shall hold regular meetings and may hold special20
meetings as shall be provided in the bylaws.21
(8)(5) The board shall elect yearly from its number a chairman, a vice22
chairman, a secretary, and a treasurer and shall establish their duties as may be23
regulated by rules adopted by the board. The offices of secretary and treasurer may24
be held by the same person.  The board shall meet in regular session once each25
month and also shall meet in special session as convened by the chairman or upon26
written notice signed by three members. A majority of the members of the board ,27
not including vacancies, shall constitute a quorum for the conduct of business.28 HLS 13RS-279	ORIGINAL
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(9)(6) All actions of the board shall be approved by the affirmative vote of1
a majority of the members of the board present and voting. However, no action of2
the board shall be authorized on the following matters unless approved by a majority3
of the total board membership:4
(a) Adoption of bylaws and other rules and regulations for conduct of the5
authority's business.6
(b) Hiring or firing of any employee or contractor of the authority.  This7
function may by majority vote be delegated by the board to a specified officer or8
committee of the authority, under such terms and conditions, and to the extent that9
the board may specify.10
(c)  The incurring of debt.11
(d)  Levy of taxes and call for any tax or other election.12
(e)  Adoption or amendment of the annual budget.13
(f) Sale, lease, encumbrance, or alienation of immovable property,14
improvements, or movable property with a value of more than fifty thousand dollars.15
(10)(7) Vote by proxy shall not be permitted.  Any member may request a16
recorded vote on any resolution or action of the authority.17
(11)(8)(a) The board shall cause minutes and a record to be kept of all its18
proceedings, and it shall select a newspaper of general circulation within its19
territorial jurisdiction as its official journal in which it shall publish its minutes and20
in which it shall publish all official notices required by law. Except as otherwise21
provided in this Paragraph, the authority shall be subject to the Public Records Law,22
the Open Meetings Law, and the Code of Governmental Ethics.  23
(b) Notwithstanding the provisions of R.S. 42:14, until thirty days prior to24
the date the board is scheduled to consummate a final sale or lease of any immovable25
property owned by the authority, the board may meet in executive session to discuss26
negotiations between the authority and any prospective seller, purchaser, lessor or27
lessee of that property.  R.S. 44:31 through 35 shall not apply to any records related28
to the negotiations of or to the terms of such a sale or lease until thirty days prior to29 HLS 13RS-279	ORIGINAL
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the date the board is scheduled to consummate a final sale or lease. The board shall1
give written public notice of its intention to consummate a final sale or lease at least2
thirty days prior to the date on which the board intends to take such action.  This3
notice shall comply with the procedural provisions of R.S. 42:19. Notwithstanding4
any other provision of this Part to the contrary, that portion of documents evidencing5
proprietary information or trade secrets of either the authority or the seller,6
purchaser, lessor, or lessee shall not be subject to the Public Records Law for any7
reason whatsoever.8
Section 2. The terms of all members of the board of commissioners of the North9
Lafayette Redevelopment Authority serving on the effective date of this Act shall terminate10
on the effective date of this Act, and members of the board shall be appointed in accordance11
with R.S. 33:4720.171(G) as amended by this Act.12
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)]
Pierre	HB No. 258
Abstract: Relative to the North Lafayette Redevelopment Authority, changes the
membership of the governing board of the authority and provides for terms and
qualifications of board members.  Provides relative to the district's boundaries.
Present law creates the North Lafayette Redevelopment Authority to provide for the
utilization of appropriate private and public resources to eliminate and prevent the
development or spread of slum, blighted, and distressed areas in north Lafayette. Provides
that the authority is a special district and political subdivision of the state.
Proposed law retains present law.
Present law provides that the authority shall be comprised of Councilmanic Districts 3 and
4 of the city of Lafayette as geographically drawn on July 14, 2008. Excludes certain
properties.
Proposed law instead provides that the authority shall be comprised of the above-named
districts as geographically drawn on the effective date of proposed law. Otherwise retains
present law.
Present law provides that the authority shall be governed by a board of nine commissioners
all of whom shall reside or be employed within the authority's boundaries and seven of
whom shall be qualified electors of the city as follows:
(1)Three commissioners appointed by the state senator representing Senate District 24. HLS 13RS-279	ORIGINAL
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(2)Two commissioners appointed by the La. state representative representing House
District 44.
(3)One commissioner appointed by the councilperson representing Council District 3
of the Lafayette City-Parish Council.
(4)One commissioner appointed by the councilperson representing Council District 4
of the Lafayette City-Parish Council.
(5)One commissioner appointed by the mayor-president of Lafayette.
(6)The director of the Lafayette Economic Development Authority.
Requires members to serve five-year staggered terms without compensation but authorizes
reimbursement for expenses incurred in the performance of the duties of the authority.
Proposed law increases the membership of the board from nine to 11. Grants an additional
appointment to the state representative for House District 44 and grants two appointments
to the state representative for House District 96. Removes one of the appointments granted
to the state senator for Senate District 24. Removes the appointment granted to the director
of the Lafayette Economic Development Authority and instead grants an appointment to the
governing board of the Upper Lafayette Economic Development Foundation.  Requires all
board members to be residents or be employed within the jurisdiction of the authority and
to be qualified electors of Lafayette Parish. Retains present law requirement that board
members serve five-year staggered terms without compensation. Additionally retains
present law provision authorizing reimbursement for expenses.
Present law requires the elected officials granted appointments to the board to meet within
30 days of July 1, 2008, to make board appointments.
Proposed law instead requires the appointing authorities to meet within 60 days of the
effective date of proposed law to make board appointments.
Present law requires that the seven commissioners appointed by elected officials represent
the following organizations and industries: Greater Lafayette Chamber of Commerce,
Greater Southwest La. Black Chamber of Commerce, a citizen's neighborhood association,
accounting, the banking industry, and the real estate industry.
Proposed law removes the requirement that the seven appointments made by elected officials
be representatives of the above-named organizations and industries and instead makes the
requirement applicable to the full board membership. Requires the member who represents
a citizen's neighborhood association to be a member of an association located within the
jurisdiction of the authority.
Present law requires that each board member be a citizen of the U.S., a domiciliary of and
a qualified voter of the city of Lafayette for at least one year preceding the date of
appointment, and to remain a domiciliary of and a qualified voter of the city during the
entirety of the term of office. Additionally requires each board member to be of good
character and to possess some skill, knowledge, or experience that will prove useful in the
accomplishment of the goals of the authority.
Proposed law removes present law.
Present law requires that a certificate of the appointment or reappointment of any
commissioner be filed with the Lafayette Parish clerk. Provides that the certificate shall be
conclusive evidence of a proper appointment.
Proposed law retains present law. HLS 13RS-279	ORIGINAL
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Present law requires vacancies to be filled in the same manner as the original appointment.
Authorizes remaining board members to appoint an interim member until a new member is
confirmed.
Proposed law specifies that remaining members of the board may appoint an interim member
if the appointing authority fails to appoint within 30 days.  Otherwise retains 	present law.
Present law requires the board to establish rules and regulations relative to the attendance
and participation of members in its meetings.  Authorizes the board, upon approval of a
majority of its members, to provide for disqualification and automatic removal of board
members should they fail to comply with the board's rules and regulations. Provides that any
person removed is ineligible for reappointment to the board, unless his reappointment is
confirmed unanimously by the board.
Proposed law authorizes the board to adopt bylaws or other rules and regulations as it deems
necessary for conducting its business affairs. Provides that a board member may be removed
for cause upon the recommendation of a majority of the remaining membership of the board
in accordance with the board's bylaws. Retains present law provision that prohibits a
removed board member from being reappointed unless reappointment is confirmed
unanimously by the board.
Present law grants the board the power to organize and reorganize the executive,
administrative, clerical, and other departments and forces of the authority and to fix the
duties, powers, and compensation of all employees, agents, and consultants of the authority.
Proposed law instead grants the board power to appoint and retain all employees it deems
advisable and to fix the powers, duties, and compensation of the employees.
Present law requires the board to meet in regular session once each month and to meet in
special session as convened by the chairman or upon written notice signed by three
members. Provides that a majority of the members of the board, not including vacancies,
constitutes a quorum for the conduct of business.
Proposed law requires the board to hold regular meetings and authorizes the board to hold
special meetings as provided in the board's bylaws.  Retains present law provision relative
to a majority of members constituting a quorum but removes provision relative to vacancies.
Proposed law provides that the terms of all members of the board serving on the effective
date of proposed law shall terminate on that date and requires that new board members be
appointed in accordance with proposed law.
(Amends R.S. 33:4720.171(F)(1) and (G))