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Regular Session, 2013
SENATE BILL NO. 42
BY SENATOR MORRELL
SPECIAL DISTRICTS. Provides relative to the New Orleans Regional Business Park.
(gov sig)
AN ACT1
To amend and reenact R.S. 33:4702(B)(1), (2), (3), (4), (6), and (7), relative to Orleans2
Parish; to provide relative to the governance of the New Orleans Regional Business3
Park; to provide relative to the members of the board of commissioners and their4
terms of office; to require the adoption of rules and regulations for conducting board5
business; to provide for vacancies on the board of commissioners; and to provide for6
related matters.7
Notice of intention to introduce this Act has been published.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:4702(B)(1), (2), (3), (4), (6), and (7), are hereby amended and10
reenacted to read as follows:11
ยง4702. Board of commissioners; appointment and term; organization12
* * *13
B. (1) In order to provide for the orderly planning, development, acquisition,14
construction, and effectuation of the services, projects, improvements, and facilities15
to be provided or furnished by the district, and to provide for the representation in16
the affairs of the district of those persons and interests immediately concerned with17 SB NO. 42
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and affected by the functions, operation, purposes, and developments of the district,1
the New Orleans Regional Business Park shall be managed by a board of2
commissioners comprised of qualified voters and Louisiana residents who reside3
within the district.4
(2) The board shall be composed of twelve thirteen members who shall be5
appointed as follows:6
(a) The New Orleans Chamber of Commerce United States Representative7
who represents Louisiana's second congressional district shall appoint one8
member.9
(b) The state representative senator whose representative senatorial district10
is defined in R.S. 24:35.5(A)(100) 24:35(A)(4) shall appoint one member.11
(c) The state senator whose senatorial district is defined in R.S. 24:35.1 as12
District 2 24:35(A)(3) shall appoint two members one member.13
(d) The councilpersons of the representing council districts D and E, in14
which the New Orleans Regional Business Park is located, shall each appoint one15
member.16
(e) The mayor of the city of New Orleans shall appoint three members as17
follows: one member shall be appointed from a list of three names submitted18
by the Vietnamese Initiatives in Economic Training, one member shall be19
appointed from a list of three names submitted by the East New Orleans20
Neighborhood Advisory Commission, and one member shall be appointed from21
a list of three names submitted by the board of commissioners for the22
Almonaster-Michoud Industrial District.23
(f) The state representative whose representative district is defined in R.S.24
24:35.5(A)(103) 24:35.2(99) shall appoint one member.25
(g) The state representative whose representative district is defined in R.S.26
24:35.5(A)(101) 24:35.2(100) shall appoint one member.27
(h) The secretary of the Department of Economic Development state28
representative whose representative district is defined in R.S. 24:35.2(103) shall29 SB NO. 42
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appoint one member.1
(i) The board of commissioners of the Port of New Orleans shall appoint one2
member chairman of the New Orleans Chamber of Commerce, or his designee.3
(j) The board of commissioners for the Port of New Orleans shall appoint4
one member.5
(3)(a) Each board member shall serve a term of two years.6
(b) Any vacancy in the membership of the board occurring by reason of the7
expiration of the term of office, or by reason of death, resignation, disqualification,8
or otherwise, shall be filled by the respective nominating entity within sixty days9
after receipt by such nominating entity of written notification of the vacancy. In the10
event that the respective nominating entity fails to fill the vacancy within sixty days11
after receipt of written notification of the vacancy, the board by a majority vote12
shall appoint an interim successor to serve on the board until the position is filled by13
the respective nominating entity responsible for the appointment of such member.14
If the board fails to fill a vacancy in its membership within the next sixty day period,15
the mayor shall appoint such member. Any board member appointed by the board16
or mayor pursuant to this Paragraph may be replaced at any time by the nominee of17
the appointing authority for the balance of the term.18
(4) (c) Any member who has unexcused absences of fifty percent or more of19
the meetings, regular and special, of the board in any calendar year shall be20
disqualified and removed automatically from office and that person's position shall21
be vacant, as of the first day of the succeeding calendar year. Such vacated position22
shall be filled by the respective nominating entity for the balance of the vacated term23
within fifteen days. If unfilled after the fifteenth day, the board by a majority24
vote shall appoint an interim successor to serve on the board for the balance of25
the term. The former member shall not be eligible for reappointment until26
expiration of the balance of the vacated term.27
(4) (a) A majority of the members of the board shall constitute a quorum28
for the transaction of business. The board shall keep minutes of all regular and29 SB NO. 42
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special meetings and shall make them available to the public in conformance1
with law.2
(b) The board shall adopt such rules and regulations as it deems3
necessary or advisable for conducting its business and affairs and shall engage4
such assistants and employees as are needed to assist the board in the5
performance of its duties. It shall hold regular meetings as shall be provided by6
its bylaws and may hold special meetings at such time and places within or7
without the districts as may be prescribed in its rules or regulations.8
* * *9
(6)(a) Board members appointed pursuant to Subparagraphs (2)(a) through10
(m) of this Subsection shall serve three-year terms after such initial terms as11
provided in Subparagraphs (2)(a) through (m) of this Subsection. Appointed board12
members shall be eligible for reappointment. The members of the board shall13
serve without compensation.14
(b) Any member of the board appointed pursuant to Subparagraphs (2)(a)15
through (h) of this Subsection may be removed by his respective appointing authority16
a majority vote of the board at any time, with or without cause.17
(c) No board member appointed pursuant to Subparagraphs (2)(a), (b),18
(c), (f), or (g), of this Subsection shall sit on the board more than sixty days after19
the end of the term of office of the appointing authority that appointed that20
board member without being reappointed to the board in the manner for which21
appointments to the board are provided for in Paragraphs (2) or (3) of this22
Subsection.23
(7) (a) Nothing in this Part or any other provision of law shall be construed24
to prohibit a member of the board from owning, operating, participating with, or25
otherwise engaging in any transaction with a business entity located within the26
district.27
(b) Any member of the board may serve on the board of a private entity28
which enters into contracts with the district provided that the member does not29 SB NO. 42
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receive compensation from the private entity.1
* * *2
Section 2. On the effective date of this Act, the terms of all members of the board3
of commissioners of the New Orleans Regional Business Park serving on such date shall4
terminate, and the board shall be appointed in accordance with the provisions of this Act.5
Section 3. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
Morrell (SB 42)
Present law creates the New Orleans Regional Business Park (NORBP) as a political
subdivision of the state for the purpose of stimulating industrial and commercial
development in Orleans Parish and the adjacent parishes. Provides for district boundaries.
Present law provides that the district is managed by a 12-member board of commissioners
with members who are qualified voters and La. residents. Provides that the board is
composed as follows:
(1)One member appointed by the state representative who represents House District.
No. 100.
(2)One member appointed by the state representative who represents House District No.
101.
(3)One member appointed by the state representative who represents House District No.
103.
(4)Two members appointed by the state senator who represents Senate District No. 2.
(5)One member appointed by the councilperson of the council district in which the
NORBP is located.
(6)Three members appointed by the mayor of the city of New Orleans.
(7)One member appointed by the New Orleans Chamber of Commerce.
(8)One member appointed by the secretary of the Dept. of Economic Development.
(9)One member appointed by the board of commissioners of the Port of New Orleans. SB NO. 42
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Proposed law makes changes to the board's appointing authorities and membership and
increases board membership to 13. Retains qualified voter and La. residency requirements
and additionally requires members to be district residents. Provides for the board to be
composed as follows:
(1)One member appointed by the U.S. Representative who represents Louisiana's 2
nd
congressional district.
(2)One member appointed by the state representative who represents House District No.
99.
(3)One member appointed by the state representative who represents House District No.
100.
(4)One member appointed by the state senator who represents Senate District No. 3.
(5)One member appointed by the state senator who represents Senate District No. 4.
(6)One member appointed by the councilperson who represents Council District D.
(7)One member appointed by the councilperson who represents Council District E.
(8)Three members appointed by the mayor of the city. One shall be appointed from
each list of nominations submitted by the Vietnamese Initiatives in Economic
Training, the East New Orleans Neighborhood Advisory Commission, and the board
of commissioners for the Almonaster-Michoud Industrial District.
(9)One member appointed by the state representative who represents House District No.
103.
(10)The chairman of the New Orleans Chamber of Commerce or his designee.
(11)The board of commissioners for the Port of New Orleans shall appoint one member.
Present law provides that board members shall serve three-year terms.
Proposed law reduces the term of office to two years and requires members to serve without
compensation. Additionally provides that on the effective date of proposed law, the terms
of all members of the board serving on such date shall terminate, and the board shall be
appointed according to proposed law.
Present law provides that if any vacancy is not filled by a nominating entity within 60 days
of written notification, the board shall appoint an interim successor until filled by the
nominating entity. Provides that if the board fails to fill the vacancy within the next 60 days
then the mayor shall make the appointment. Provides that any member appointed by the
board or mayor may be replaced by the appointing authority at any time.
Proposed law removes present law and provides that if a vacancy is not filled by the
nominating entity within 60 days of written notification, then the board, by majority vote,
shall make the appointment for the balance of the term.
Present law provides for an automatic removal of any member who has unexcused absences
of 50% or more of meetings. Provides that such vacated position shall be filled by the
nominating entity for the balance of the term.
Proposed law retains present law, but limits the amount of time the nominating entity has
to fill the position. The vacant position must be filled within 15 days by the nominating
entity or it is filled by a majority vote of the board for the balance of the term. SB NO. 42
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words in boldface type and underscored are additions.
Proposed law provides that a majority of the members constitutes a quorum for the
transaction of business. Further requires that the board keep minutes of meetings and make
them available to the public in accordance with present law.
Proposed law requires the board to adopt rules and regulations to conduct its business and
affairs and further requires the board to engage assistants and employees as needed to assist
the board in performing its duties.
Present law provides that any member may be removed by his appointing authority at any
time with or without cause. Proposed law changes present law by providing that board
members may only be removed by a majority vote of the board with cause.
Proposed law provides that the term of office of any board member appointed by a
congressman, legislator, or councilperson terminates 60 days after the end of the term of
office of the appointing authority. Provides that members may be reappointed in accordance
with proposed law.
Present law provides that no law shall prohibit a member of the board from owning,
operating, participating with, or otherwise engaging in any transaction with a business entity
located within the district. Proposed law retains present law and authorizes board members
to serve on the board of a private entity which enters into contracts with the district provided
that the member does not receive compensation from the private entity.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:4702(B)(1), (2), (3), (4), (6), and (7))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Makes changes to the proposed membership of the board.