Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB42 Chaptered / Bill

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Regular Session, 2013	ENROLLED
SENATE BILL NO. 42
BY SENATOR MORRELL 
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
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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
and affected by the functions, operation, purposes, and developments of the district,18
the New Orleans Regional Business Park shall be managed by a board of19
commissioners comprised of qualified voters and Louisiana residents.20
(2) The board shall be composed of twelve thirteen members who shall be21
appointed as follows:22
(a) The New Orleans Chamber of Commerce United States Representative23
who represents Louisiana's second congressional district shall appoint one24
ACT No. 269 SB NO. 42	ENROLLED
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member.1
(b) The state representative senator whose representative senatorial district2
is defined in R.S. 24:35.5(A)(100) 24:35(A)(4) shall appoint one member.3
(c) The state senator whose senatorial district is defined in R.S. 24:35.1 as4
District 2 24:35(A)(3) shall appoint two members one member.5
(d) The state senator whose senatorial district is defined in R.S.6
24:35(A)(1) shall appoint one member.7
(d)(e) The councilpersons of the representing council district E, in which the8
New Orleans Regional Business Park is located, shall appoint one member.9
(e)(f) The mayor of the city of New Orleans shall appoint three members as10
follows: one member shall be appointed from a list of three names submitted by11
the Vietnamese Initiatives in Economic Training, one member shall be12
appointed from a list of three names submitted by the East New Orleans13
Neighborhood Advisory Commission, and one member shall be appointed from14
a list of three names submitted by the board of commissioners for the15
Almonaster-Michoud Industrial District.16
(f)(g) The state representative whose representative district is defined in R.S.17
24:35.5(A)(103) 24:35.2(99) shall appoint one member.18
(g)(h) The state representative whose representative district is defined in R.S.19
24:35.5(A)(101) 24:35.2(100) shall appoint one member.20
(h)(i) The secretary of the Department of Economic Development state21
representative whose representative district is defined in R.S. 24:35.2(103) shall22
appoint one member.23
(i)(j) The board of commissioners of the Port of New Orleans shall appoint24
one member chairman of the New Orleans Chamber of Commerce, or his25
designee.26
(k) The board of commissioners for the Port of New Orleans shall27
appoint one member.28
(3)(a) Except for the ex officio board member serving pursuant to29
Subparagraph (2)(j) of this Subsection, each board member shall serve a term30 SB NO. 42	ENROLLED
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of two years.1
(b) Any vacancy in the membership of the board occurring by reason of the2
expiration of the term of office, or by reason of death, resignation, disqualification,3
or otherwise, shall be filled by the respective nominating entity within sixty days4
after receipt by such nominating entity of written notification of the vacancy. In the5
event that the respective nominating entity fails to fill the vacancy within sixty days6
after receipt of written notification of the vacancy, the board shall appoint an interim7
successor to serve on the board until the position is filled by the respective8
nominating entity responsible for the appointment of such member. If the board fails9
to fill a vacancy in its membership within the next sixty day period, the mayor shall10
appoint such member. Any board member appointed by the board or mayor pursuant11
to this Paragraph Subparagraph may be replaced at any time by the nominee of the12
appointing authority.13
(4) (c) Any member who has unexcused absences of fifty percent or more of14
the meetings four consecutive meetings, regular and special, of the board in any15
calendar year shall be disqualified and removed automatically from office and that16
person's position shall be vacant, as of the first day of the succeeding calendar year.17
Such vacated position shall be filled by the respective nominating entity for the18
balance of the vacated term within fifteen days. The former member shall not be19
eligible for reappointment until expiration of the balance of the vacated term to be20
nominated to the board or to serve on the board again.21
(4) (a) A majority of the members of the board shall constitute a quorum22
for the transaction of business. The board shall keep minutes of all regular and23
special meetings and shall make them available to the public in conformance24
with law.25
(b) The board shall adopt such rules and regulations as it deems26
necessary or advisable for conducting its business and affairs, so long as such27
rules and regulations do not violate the Code of Governmental Ethics provided28
for in Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950, and shall29
engage such assistants and employees as are needed to assist the board in the30 SB NO. 42	ENROLLED
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performance of its duties. It shall hold regular meetings as shall be provided by1
its bylaws and may hold special meetings at such time and place within or2
without the district as may be prescribed in its rules or regulations.3
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(6)(a) Board members appointed pursuant to Subparagraphs (2)(a) through5
(m) of this Subsection shall serve three-year terms after such initial terms as6
provided in Subparagraphs (2)(a) through (m) of this Subsection. Appointed board7
members shall be eligible for reappointment.  The members of the board shall8
serve without compensation.9
(b) Any member of the board appointed pursuant to Subparagraphs (2)(a)10
through (h)(k) of this Subsection may be removed by his respective appointing11
authority at any time, with or without cause.12
 (c) No board member appointed pursuant to Subparagraphs (2)(a), (b),13
(c), (f), or (g), of this Subsection shall sit on the board beyond the end of the14
term of office of the appointing authority that appointed that board member15
without being reappointed to the board in the manner for which appointments16
to the board are provided for in Paragraphs (2) or (3) of this Subsection.17
(7) (a) Nothing in this Part or any other provision of law shall be construed18
to prohibit a member of the board from owning, operating, participating with, or19
otherwise engaging in any transaction with a business entity located within the20
district.21
(b) Nothing herein shall be construed to supercede the Code of22
Governmental Ethics provided for in Chapter 15 of Title 42 of the Louisiana23
Revised Statutes of 1950.24
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Section 2.  On the effective date of this Act, the terms of all members of the board26
of commissioners of the New Orleans Regional Business Park serving on such date shall27
terminate, and the board shall be appointed in accordance with the provisions of this Act.28
Section 3. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 42	ENROLLED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: