Louisiana 2014 2014 Regular Session

Louisiana House Bill HB574 Introduced / Bill

                    HLS 14RS-135	ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 574
BY REPRESENTATIVE BROSSETT
DISTRICTS/NEIGHBORHOOD:  Provides relative to the Seabrook Neighborhood
Improvement and Security District in Orleans Parish
AN ACT1
To amend and reenact R.S. 33:9091.16(D) and (F)(1) and (3)(b), relative to Orleans Parish;2
to provide relative to the Seabrook Neighborhood Improvement and Security3
District; to provide relative to the governing board of the district; to provide relative4
to the membership of the board; to provide relative to the parcel fee imposed within5
the district; to provide relative to the amount of the fee imposed on certain parcels;6
to provide relative to the expiration of the fee; to provide relative to the parcel fee7
being imposed on the effective date of this Act; and to provide for related matters.8
Notice of intention to introduce this Act has been published9
as provided by Article III, Section 13 of the Constitution of10
Louisiana.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 33:9091.16(D) and (F)(1) and (3)(b) are hereby amended and13
reenacted to read as follows:14
ยง9091.16.  Seabrook Neighborhood Improvement and Security District15
*          *          *16
D. Governance. (1) The district shall be governed by a board of17
commissioners, referred to in this Section as the "board", consisting of members as18
follows:19 HLS 14RS-135	ORIGINAL
HB NO. 574
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(a) The president of the Seabrook Neighborhood Homeowners Association,1
referred to in this Section as the "association".2
(b)  The city council member whose district encompasses all or a greater3
portion of the area of the district, or his designee.4
(c)(b) The governing board of the association shall appoint three four5
members, one all of whom shall be a member of the governing board members of the6
association.7
(2)  Appointed and designated members Members shall be residents and8
qualified voters of the district.9
(3)(a) Board members serving pursuant to Subparagraph (1)(c)(b) of this10
Subsection shall serve three-year terms after serving initial terms as follows:  one11
member two members shall serve an initial term terms of one year, one member shall12
serve two years, and one member shall serve three years, as determined by lot at the13
first meeting of the board.14
(b) The president of the association and the city council member shall serve15
on the board during their terms his term of office. Any designee of the city council16
member shall serve at the pleasure of such member.17
(4) Vacancies resulting from the expiration of a term or for any other reason18
shall be filled for the remainder of the unexpired term in the manner of the original19
appointment.20
(5) The members of the board shall select from among themselves a21
president and such other officers as they deem appropriate. The responsibilities and22
terms of the officers shall be as provided by the bylaws of the board.23
(6)  The members of the board shall serve without compensation.24
*          *          *25
F. Parcel fee.  The governing authority of the city of New Orleans is hereby26
authorized to impose and collect a parcel fee within the district subject to and in27
accordance with the provisions of this Subsection:28 HLS 14RS-135	ORIGINAL
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(1) The amount of the fee shall be as requested by duly adopted resolution1
of the board. The fee shall be a flat fee per improved parcel of land not to exceed2
two hundred dollars per year for each parcel.; however, the parcel fee shall not3
exceed one hundred dollars per year on an improved parcel if any owner of the4
parcel is sixty-five years of age or older or has been a full-time active duty member5
of the armed forces of the United States for three consecutive years.6
*          *          *7
(3)8
*          *          *9
(b) If approved, the fee shall expire on December 31, 2014 2018, but the fee10
may be renewed if approved by a majority of the registered voters of the district11
voting on the proposition at an election as provided in Subparagraph (a) of this12
Paragraph. If the fee is renewed, the term of the imposition of the fee shall be as13
provided in the proposition authorizing such renewal, not to exceed eight years.14
*          *          *15
Section 2. The terms of the members of the board of commissioners of the Seabrook16
Neighborhood Improvement and Security District in office on the effective date of this Act17
shall terminate on the effective date of this Act; however, such members shall remain in18
office until the board members are appointed as provided in this Act and take office.  The19
members of the governing board of the Seabrook Neighborhood Improvement and Security20
District shall be appointed and shall take office as provided in this Act and shall serve terms21
of office as provided in this Act. This Section shall not be construed to prevent the22
reappointment to the board of a member in office on the effective date of this Act.23
Section 3. The provisions of this Act shall not affect the parcel fee being imposed24
within the Seabrook Neighborhood Improvement and Security District on the effective date25
of this Act. The governing authority of the city of New Orleans shall continue to impose the26
parcel fee until such time as it expires, as provided in the proposition approved by a majority27
of the district's registered voters voting on the proposition at an election held on November28
2, 2010. The governing authority of the city shall then begin to impose a parcel fee as29 HLS 14RS-135	ORIGINAL
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provided in this Act, if the parcel fee has been approved by a majority of district's registered1
voters as provided in this Act.2
Section 4. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Brossett	HB No. 574
Abstract: Relative to the Seabrook Neighborhood Improvement and Security District,
provides relative to the parcel fee imposed within the district and the membership of
the district's governing board.
Present law creates the Seabrook Neighborhood Improvement and Security District in
Orleans Parish as a political subdivision for the primary object and purpose of promoting and
encouraging the beautification, security, and overall betterment of the district. Provides for
the district's boundaries and powers and duties.
Proposed law retains present law.
Present law provides that the district is governed by a board of five commissioners
composed as follows: the president of the Seabrook Neighborhood Homeowners Association
(association), the city council member whose district encompasses all or a greater portion
of the area of the district, or his designee, and three members appointed by the governing
board of the association, one of whom shall be a member of the governing board of the
association.
Proposed law removes the council member or his designee and grants an additional
appointment to the governing board of the association. Proposed law additionally requires
that all members appointed by the governing board of the association be members of the
association rather than one member who is a member of the governing board of the
association. The president of the association will continue to serve as a member of the
board.
Present law requires board members to serve three-year staggered terms without
compensation. Additionally requires members to select from among themselves a president
and such other officers as they deem appropriate. Requires that the responsibilities of the
officers be provided in the board's bylaws.  Requires that vacancies be filled in the same
manner as original appointments.  Proposed law retains present law and additionally requires
that the terms of the officers be provided in the board's bylaws.
Proposed law additionally provides that the terms of the members of the board in office on
the effective date of proposed law shall terminate on the effective date of proposed law but
members must remain in office until the board members are appointed as provided in HLS 14RS-135	ORIGINAL
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proposed law. Provides that proposed law must not be construed to prevent the
reappointment to the board of a member in office on the effective date of proposed law.
Present law authorizes the governing authority of the city of New Orleans, subject to voter
approval, to impose a parcel fee on behalf of the district. Provides that the fee is a flat fee
per improved parcel of land not to exceed $200 per year for each parcel.
Proposed law retains present law but provides that the parcel fee shall not exceed $100 per
year for a parcel if any owner is 65 years of age or older or has been a full-time active duty
member of the armed forces of the U.S. for three consecutive years.
Present law provides that the fee expires on Dec. 31, 2014, but authorizes renewal of the fee
for an additional eight years.  Proposed law instead provides that the fee expires on Dec. 31,
2018.  Retains present law provisions authorizing renewal for eight years.
Proposed law provides that the provisions of proposed law shall not affect the parcel fee
being imposed within the district on the effective date of proposed law. Requires the
governing authority of the city of New Orleans to continue to impose the parcel fee until it
expires, as provided in the proposition approved by a majority of the district's registered
voters voting on the proposition at an election held on Nov. 2, 2010. Further requires the
governing authority of the city to begin to impose a parcel fee as provided in proposed law,
if approved by a majority of the district's registered voters as provided in proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:9091.16(D) and (F)(1) and (3)(b))