Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB42 Comm Sub / Analysis

                    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.
(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 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 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.