HLS 14RS-135 ENGROSSED Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored 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 ENGROSSED HB NO. 574 Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 ENGROSSED HB NO. 574 Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 ENGROSSED HB NO. 574 Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. provided in this Act, if the parcel fee has been approved by a majority of the district's1 registered 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 ENGROSSED HB NO. 574 Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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))