Louisiana 2013 Regular Session

Louisiana House Bill HB554 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 114
Regular Session, 2013
HOUSE BILL NO. 554
BY REPRESENTATIVES GAROFALO, BADON, BARROW, BERTHELOT, BILLIOT,
WESLEY BISHOP, AND BROWN
AN ACT1
To enact R.S. 40:1503.1, relative to Orleans Parish; to create the Fort Pike Fire Protection2
District within the parish; to provide relative to the boundaries, purpose, governance,3
and powers and duties of the district; to provide relative to district funding, including4
the authority to levy ad valorem taxes; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1.  R.S. 40:1503.1 is hereby enacted to read as follows: 10
ยง1503.1.  Fort Pike Fire Protection District11
A.  Creation.  There is hereby created within the parish of Orleans, as more12
specifically provided in Subsection B of this Section, a body politic and corporate13
which shall be known as the Fort Pike Fire Protection District, referred to in this14
Section as the "district". The district shall be a political subdivision of the state as15
defined in the Constitution of Louisiana.16
B. Boundaries.  The boundaries of the district shall be defined as that area17
east of Chef Menteur Pass and west of the Rigolets Pass.18
C. Purpose.  The purpose and intent of this Section is to provide additional19
fire protection personnel and services within the boundaries of the district which20
shall be supplemental to and not in lieu of personnel and services provided in the21
district by the city of New Orleans.22 ENROLLEDHB NO. 554
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D.  Governance.  (1)  In order for the orderly development and effectuation1
of the services to be furnished by the district and to provide for the representation in2
the affairs of the district of those persons and interests immediately concerned with3
and affected by the purposes and development of the area included within the4
district, the affairs of the district shall be managed by the members of the governing5
board of the Fort Pike Volunteer Fire Department District One, referred to in this6
Section as the "board".7
(2) The board may adopt bylaws or such other rules and regulations as it8
deems necessary for conducting its business affairs.  The board may appoint and9
retain all employees it deems advisable and fix the powers, duties, and compensation10
of such employees.  The board shall hold regular meetings and may hold special11
meetings as shall be provided in the bylaws.12
(3)  The members of the board shall select from among themselves a13
president and a secretary and such other officers as they deem appropriate.  The14
duties of the officers shall be fixed by bylaws adopted by the board.15
(4) A majority of the members of the board shall constitute a quorum for the16
transaction of business. The minute books and archives of the district shall be17
maintained by the board's secretary.  The monies, funds, and accounts of the district18
shall be in the official custody of the board.19
(5)  The members of the board shall serve without compensation.20
E. Powers and duties.  The district, acting through the board, shall have the21
following powers and duties:22
(1)  To sue and be sued.23
(2)  To adopt, use, and alter at will a corporate seal.24
(3)  To receive and expend funds collected pursuant to Subsection F of this25
Section and in accordance with a budget adopted as provided by Subsection H of this26
Section.27
(4)  To enter into contracts with individuals or entities, private or public.28
(5)  To engage in the operation of firefighting equipment, the prevention of29
fire hazards, and the extinguishing of fires within the district.30 ENROLLEDHB NO. 554
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(6) To acquire by gift, grant, purchase, lease, or otherwise such property as1
may be necessary or desirable for carrying out the objectives and purposes of the2
district and to mortgage or sell such property.3
(7) To procure and maintain liability insurance against any personal or legal4
liability of a board member that may be asserted or incurred based upon his service5
as a member of the board or that may arise as a result of his actions taken within the6
scope and discharge of his duties as a member of the board.7
(8) To perform or have performed any other function or activity necessary8
or appropriate to carry out the purposes of the district.9
F. Funding. (1)  The board may, when necessary, levy annually an ad10
valorem tax not to exceed five mills on the dollar of assessed valuation of all11
property, provided that the amount, term, and purpose of the tax, as set out in a12
proposition submitted to a vote in accordance with the Louisiana Election Code,13
shall be approved by a majority of the qualified electors in the district voting in an14
election held for that purpose.15
(2)  The proceeds of the tax shall be used solely and exclusively for the16
purpose and benefit of the district.17
G.  Additional contributions.  The district may solicit and accept additional18
voluntary contributions and grants to further the purposes of the district.19
H. Budget.  (1)  The board shall adopt an annual budget in accordance with20
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.21
(2) The district shall be subject to audit by the legislative auditor pursuant22
to R.S. 24:513(B).23
I. The provisions of this Section shall not be construed as changing or24
affecting the structure and organization or the distribution and redistribution of the25
powers and functions of the city of New Orleans. The city of New Orleans shall26
continue to provide fire protection personnel and services as authorized by applicable27
general and local laws and the powers granted to the district pursuant to the28
provisions of this Section shall be supplemental to and shall not supercede the29
powers granted to the city by any such general or local law.30 ENROLLEDHB NO. 554
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: