HLS 17RS-565 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 182
BY REPRESENTATIVE JIMMY HARRIS
DISTRICTS/NEIGHBORHOOD: Provides relative to the Kenilworth Improvement District
in Orleans Parish
1 AN ACT
2To amend and reenact R.S. 33:9078(D) and (F)(2) and (4), relative to Orleans Parish; to
3 provide relative to the Kenilworth Improvement District; to provide relative to the
4 governing board of the district; to provide relative to the membership of the board;
5 to provide relative to the parcel fee imposed within the district; to provide relative
6 to the maximum rate, expiration, and renewal of the fee; and to provide for related
7 matters.
8 Notice of intention to introduce this Act has been published
9 as provided by Article III, Section 13 of the Constitution of
10 Louisiana.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 33:9078(D) and (F)(2) and (4) are hereby amended and reenacted to
13read as follows:
14 ยง9078. Kenilworth Improvement District
15 * * *
16 D. Governance. (1) The district shall be governed by a board of
17 commissioners, referred to in this Section as the "board", consisting of nine members
18 appointed as follows:
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1 (a) The board of directors of the Kenilworth Civic and Improvement
2 Association shall appoint five members, one of whom shall be the president of the
3 Kenilworth Civic and Improvement Association.
4 (b) The member or members of the Louisiana House of Representatives who
5 represent the area which comprises the district shall appoint one member.
6 (c) The member or members of the Louisiana Senate who represent the area
7 which comprises the district shall appoint one member.
8 (d) The member or members of the city council of the city of New Orleans
9 who represent the area which comprises the district shall appoint one member.
10 (e) The mayor of the city of New Orleans shall appoint one member.
11 (2) Every member of the board shall be a property owner in or a resident of
12 the district.
13 (3)(a) Members of the board shall serve two-year terms after initial terms as
14 provided in Subparagraph (b) of this Paragraph.
15 (b) Three members shall serve initial terms of one year, three shall serve
16 initial terms of eighteen months, and three shall serve initial terms of two years, all
17 as determined by lot at the first meeting of the board.
18 (4) Vacancies resulting from the expiration of a term or for any other reason
19 shall be filled in the manner of the original appointment. Members shall be eligible
20 for reappointment.
21 (5) The members of the board shall select from among themselves a
22 president and such other officers as they deem appropriate. The terms and
23 responsibilities of officers shall be as provided in the bylaws of the board.
24 (6) All members of the board, including the officers of the board, shall be
25 voting members.
26 (7) The members of the board shall serve without compensation but shall
27 receive reimbursement for reasonable expenses directly related to the governance of
28 the district.
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HB NO. 182
1 (1) The district shall be governed by the members of the board of directors
2 of the Kenilworth Civic and Improvement Association, referred to in this Section as
3 the "board".
4 (2) The members of the board shall select from among themselves a
5 president and such other officers as they deem appropriate. The terms and
6 responsibilities of officers shall be as provided in the bylaws of the board.
7 (3) A majority of the members of the board shall constitute a quorum for the
8 transaction of business.
9 (4) The members of the board shall serve without compensation but shall
10 receive reimbursement for reasonable expenses directly related to the governance of
11 the district.
12 (5) The board shall adopt such rules and regulations as it deems necessary
13 or advisable for conducting its business affairs. It shall hold regular meetings as shall
14 be provided in the bylaws and may hold special meetings at such times and places
15 within the district as may be prescribed in the bylaws.
16 (6) The board shall keep minutes of all meetings and shall make them
17 available through the board's secretary to residents of the district.
18 (7) The monies, funds, and accounts of the district shall be in the official
19 custody of the board.
20 * * *
21 F. Parcel fee.
22 * * *
23 (2) The fee shall be a flat fee and shall be imposed on each parcel located
24 within the district. The amount of the fee shall be two hundred not exceed two
25 hundred twenty-five dollars per parcel per year.
26 * * *
27 (4)(a) The fee shall be imposed only upon request to the city of New Orleans
28 by the board by duly adopted resolution and only after the question of its imposition
29 has been approved by a majority of the registered voters of the district voting on the
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1 proposition at an election held for that purpose at the same time as a regularly
2 scheduled election in the city of New Orleans and conducted in accordance with the
3 Louisiana Election Code. The amount of the fee may be changed by duly adopted
4 resolution of the board, not to exceed the maximum amount authorized by this
5 Subsection and approved by the voters. No other election shall be required except as
6 provided in this Paragraph.
7 (b) The initial election on the question of the imposition of the fee shall be
8 held at the same time as the regularly scheduled election in the city of New Orleans
9 to be held on November 2, 2004, or if not held on that date, it shall be held at the
10 same time as a regularly scheduled election in the city of New Orleans held after that
11 date.
12 (c)(b) The fee shall expire on December 31, 2010, but the fee may be
13 renewed, the amount of the fee provided in Paragraph (2) of this Subsection may be
14 changed, or a maximum fee amount in excess of the amount of the fee provided in
15 Paragraph (2) of this Subsection may be established, if approved by a majority of the
16 registered voters of the district voting on the proposition at an election held for that
17 purpose in accordance with the Louisiana Election Code. If the fee is renewed, if the
18 amount of fee is changed with voter approval, or if a new maximum fee amount is
19 established, the term of the imposition of the fee shall be as provided in the
20 proposition authorizing such renewal, change in fee amount, or maximum fee
21 amount, not to exceed eight years. If a new maximum fee amount is established as
22 provided in this Subparagraph, the amount of the fee shall be determined and such
23 amount may be changed by duly adopted resolution of the board without the
24 necessity of an election, provided that the fee amount shall not exceed the maximum
25 fee amount and the term of imposition shall not exceed the term of imposition
26 established with voter approval. at the end of the term provided for in the proposition
27 authorizing the fee, not to exceed eight years, but may be renewed as provided in
28 Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee
29 shall be held at the same time as the regularly scheduled election in the city of New
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1 Orleans. If renewed, the term of the imposition of the fee shall be as provided in the
2 proposition authorizing such renewal, not to exceed eight years.
3 * * *
4 Section 2. The terms of the members of the board of commissioners of the
5Kenilworth Improvement District in office on the effective date of this Act shall terminate
6on such date; however, such members shall remain in office until all members of the board
7of directors of the Kenilworth Civic and Improvement Association take office.
8 Section 3. This Act shall become effective upon signature by the governor or, if not
9signed by the governor, upon expiration of the time for bills to become law without signature
10by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11vetoed by the governor and subsequently approved by the legislature, this Act shall become
12effective on the day following such approval.
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)]
HB 182 Original 2017 Regular Session Jimmy Harris
Abstract: Provides relative to the parcel fee imposed within the Kenilworth Improvement
District in Orleans Parish.
Present law creates the Kenilworth Improvement District in Orleans Parish as a political
subdivision of the state for the purpose of promoting, encouraging, and enhancing the
security, beautification, and overall betterment of the district. Provides for district
boundaries.
Proposed law retains present law.
Present law provides that the district is governed by a nine-member board of commissioners
as follows:
(1)Five members appointed by the board of directors of the Kenilworth Civic and
Improvement Assoc., one of whom must be the president of the assoc.
(2)One member appointed by the member(s) of the La. House of Representatives who
represent the area which comprises the district.
(3)One member appointed by the member(s) of the La. Senate who represent the area
which comprises the district.
(4)One member appointed by the member(s) of the city council of the city of New
Orleans who represent the area which comprises the district.
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(5)One member appointed by the mayor of the city of New Orleans.
Present law requires each board member to be a property owner in or a resident of the
district and provides that board members serve two-year staggered terms. Provides for the
filling of vacancies.
Proposed law removes present law and instead provides that the district is governed by the
members of the board of directors of the Kenilworth Civic and Improvement Assoc.
Present law requires members to select from among themselves a president and such other
officers as they deem appropriate and requires the board to provide in its bylaws for the
terms and responsibilities of the officers. Requires members of the board to serve without
compensation but authorizes reimbursement for reasonable expenses directly related to the
governance of the district.
Proposed law retains present law.
Present law authorizes the governing authority of the city of New Orleans, subject to voter
approval, to impose and collect a parcel fee within the district. Provides that the fee shall be
a flat fee and shall be imposed on each parcel located within the district. Provides that the
amount of the fee shall be $200 per parcel. Proposed law provides instead that the amount
of the fee shall not exceed $225 per parcel per year. Proposed law otherwise retains present
law.
Proposed law authorizes the board to change the amount of the fee by duly adopted
resolution of the board, not to exceed the maximum amount authorized by proposed law and
approved by the voters.
Present law provides that the initial election on the question of the imposition of the fee shall
be held on Nov. 2, 2004. Provides that the fee expires Dec. 31, 2010. Provides that the fee
may be renewed, the amount of the fee provided in present law may be changed, or a
maximum fee amount in excess of the amount of the fee provided in present law may be
established if approved by a majority of the registered voters of the district voting on the
proposition at an election as provided in present law. Requires that any election to authorize
renewal of the fee, to change the amount of the fee, or to establish a new maximum fee
amount be held in accordance with the La. Election Code.
Proposed law removes present law and instead provides that the fee expires at the end of the
term provided for in the proposition, not to exceed eight years. Authorizes renewal of the
fee, subject to voter approval, and requires that the election for renewal be held at the same
time as a regularly scheduled election in the city of New Orleans.
Proposed law provides that the terms of the members of the board in office on the effective
date of proposed law shall terminate on such date; however, the members must remain in
office until all members of the board of directors of the Kenilworth Civic and Improvement
Assoc. take office.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:9078(D) and (F)(2) and (4))
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