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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.3
(2) The board shall be composed of twelve thirteen members who shall be4
appointed as follows:5
(a) The New Orleans Chamber of Commerce United States Representative6
who represents Louisiana's second congressional district shall appoint one7
member.8
(b) The state representative senator whose representative senatorial district9
is defined in R.S. 24:35.5(A)(100) 24:35(A)(4) shall appoint one member.10
(c) The state senator whose senatorial district is defined in R.S. 24:35.1 as11
District 2 24:35(A)(3) shall appoint two members one member.12
(d) The state senator whose senatorial district is defined in R.S.13
24:35(A)(1) shall appoint one member.14
(d)(e) The councilpersons of the representing council district E, in which the15
New Orleans Regional Business Park is located, shall appoint one member.16
(e)(f) 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)(g) 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)(h) 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)(i) 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)(j) The board of commissioners of the Port of New Orleans shall appoint2
one member chairman of the New Orleans Chamber of Commerce, or his3
designee.4
(k) The board of commissioners for the Port of New Orleans shall5
appoint one member.6
(3)(a) Except for the ex officio board member in Subparagraph (2)(i) of7
this Subsection, each board member shall serve a term of two years.8
(b) Any vacancy in the membership of the board occurring by reason of the9
expiration of the term of office, or by reason of death, resignation, disqualification,10
or otherwise, shall be filled by the respective nominating entity within sixty days11
after receipt by such nominating entity of written notification of the vacancy. In the12
event that the respective nominating entity fails to fill the vacancy within sixty days13
after receipt of written notification of the vacancy, the board shall appoint an interim14
successor to serve on the board until the position is filled by the respective15
nominating entity responsible for the appointment of such member. If the board fails16
to fill a vacancy in its membership within the next sixty day period, the mayor shall17
appoint such member. Any board member appointed by the board or mayor pursuant18
to this Paragraph may be replaced at any time by the nominee of the appointing19
authority.20
(4) (c) Any member who has unexcused absences of fifty percent or more of21
the meetings four consecutive meetings, regular and special, of the board in any22
calendar year shall be disqualified and removed automatically from office and that23
person's position shall be vacant, as of the first day of the succeeding calendar year.24
Such vacated position shall be filled by the respective nominating entity for the25
balance of the vacated term within fifteen days. The former member shall not be26
eligible for reappointment until expiration of the balance of the vacated term to be27
nominated to the board or to serve on the board again.28
(4) (a) A majority of the members of the board shall constitute a quorum29 SB NO. 42
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for the transaction of business. The board shall keep minutes of all regular and1
special meetings and shall make them available to the public in conformance2
with law.3
(b) The board shall adopt such rules and regulations as it deems4
necessary or advisable for conducting its business and affairs, so long as such5
rules and regulations do not violate the Code of Governmental Ethics provided6
for in Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950, and shall7
engage such assistants and employees as are needed to assist the board in the8
performance of its duties. It shall hold regular meetings as shall be provided by9
its bylaws and may hold special meetings at such time and place within or10
without the district as may be prescribed in its rules or regulations.11
* * *12
(6)(a) Board members appointed pursuant to Subparagraphs (2)(a) through13
(m) of this Subsection shall serve three-year terms after such initial terms as14
provided in Subparagraphs (2)(a) through (m) of this Subsection. Appointed board15
members shall be eligible for reappointment. The members of the board shall16
serve without compensation.17
(b) Any member of the board appointed pursuant to Subparagraphs (2)(a)18
through (h) of this Subsection may be removed by his respective appointing authority19
at any time, with or without cause.20
(c) No board member appointed pursuant to Subparagraphs (2)(a), (b),21
(c), (f), or (g), of this Subsection shall sit on the board beyond the end of the22
term of office of the appointing authority that appointed that board member23
without being reappointed to the board in the manner for which appointments24
to the board are provided for in Paragraphs (2) or (3) of this Subsection.25
(7) (a) Nothing in this Part or any other provision of law shall be construed26
to prohibit a member of the board from owning, operating, participating with, or27
otherwise engaging in any transaction with a business entity located within the28
district.29 SB NO. 42
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(b) Nothing herein shall be construed to supercede the Code of1
Governmental Ethics provided for in Chapter 15 of Title 42 of the Louisiana2
Revised Statutes of 1950.3
* * *4
Section 2. On the effective date of this Act, the terms of all members of the board5
of commissioners of the New Orleans Regional Business Park serving on such date shall6
terminate, and the board shall be appointed in accordance with the provisions of this Act.7
Section 3. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
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 Michelle Broussard-Johnson.
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. SB NO. 42
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(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.
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. 1.
(6)One member appointed by the state senator who represents Senate District No. 4.
(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, except for the ex officio board
member, 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 appoint such member. Provides that any member appointed by the
board or mayor may be replaced by the appointing authority at any time by the nominee of
the appointing authority. Proposed law retains present law.
Present law provides for an automatic removal of any member who has unexcused absences
of 50% or more of the meetings. Provides that such vacated position shall be filled by the
nominating entity for the balance of the term. Proposed law provides for removal for
unexcused absences of four consecutive meetings.
Proposed law limits the amount of time the nominating entity has to fill the position. The SB NO. 42
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vacant position must be filled within 15 days by the nominating entity. The former member
shall not be eligible to be nominated to the board or to serve on the board again.
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, so long as such rules and regulations do not violate the Code of Governmental
Ethics, 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 respective 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 beyond 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 adds that nothing contained in present law as amended by proposed law shall
be construed to supercede the Code of Governmental Ethics.
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.
Senate Floor Amendments to engrossed bill
1. Adds the state senator from District 1 to the board.
2. Clarifies that members will serve two terms, except the ex-officio member.
3. Clarifies when and who shall appoint an interim successor when a board
vacancy occurs.
4. Changes when a board member is disqualified due to absences from having
50% or more of unexcused meeting absences to being absent four
consecutive meetings.
5. Adds that a former member shall not be nominated or eligible to serve on the
board again.
6. Adds that rules and regulations adopted by the board must not violate the SB NO. 42
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Code of Governmental Ethics.
7. Removes the provision allowing board members to serve on the board of a
private entity which enters into contracts with the district provided the
member did not receive compensation.
8. Adds that nothing in proposed law shall be construed to supercede the Code
of Governmental Ethics.
9. Makes technical changes.