Louisiana 2023 Regular Session

Louisiana House Bill HB296 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 162
2023 Regular Session
HOUSE BILL NO. 296
BY REPRESENTATIVES HILFERTY AND LANDRY
1	AN ACT
2 To amend and reenact R.S. 33:9091.14(F)(1), (2)(introductory paragraph), (3)(c), and (4)
3 and to repeal R.S. 33:9091.14(F)(3)(b), relative to Orleans Parish; to provide relative
4 to the Mid-City Security District; to provide relative to district funding; to provide
5 relative to the parcel fee imposed and collected in the district; to provide for an
6 effective date; and to provide for related matters.
7	Notice of intention to introduce this Act has been published
8	as provided by Article III, Section 13 of the Constitution of
9	Louisiana.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1.  R.S. 33:9091.14(F)(1), (2)(introductory paragraph), (3)(c), and (4) are
12 hereby amended and reenacted to read as follows:
13 ยง9091.14.  Mid-City Security District
14	*          *          *
15	F.  Parcel fee.  The governing authority of the city of New Orleans may
16 impose and collect a parcel fee within the district subject to and in accordance with
17 the provisions of this Subsection.
18	(1)  The amount of the fee shall be as requested by duly adopted resolution
19 of the board.  For improved residential parcels, the fee shall be a flat fee per parcel
20 of land not to exceed two hundred fifty dollars per year for each improved residential
21 parcel.  For each residential parcel which is unimproved, or contains a single-family
22 dwelling, condominium, townhouse, or two-family dwellings, the fee shall be a flat
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1 fee not to exceed two hundred fifty dollars per year.  For each residential parcel
2 which contains three- or four-family dwellings, the fee shall be a flat fee not to
3 exceed three hundred dollars per year.  For each residential parcel which contains
4 five to nine rental units, the fee shall be a flat fee not to exceed six hundred dollars
5 per year. For each residential parcel which contains ten to nineteen rental units, the
6 fee shall be a flat fee not to exceed one thousand dollars per year.  For each
7 residential parcel which contains twenty to thirty-nine rental units, the fee shall be
8 a flat fee not to exceed two thousand dollars per year.  For each residential parcel
9 which contains forty or more rental units, the fee shall be a flat fee not to exceed four
10 thousand dollars per year. For improved residential parcels subject to a special
11 assessment level pursuant to La. Const. Article VII, Section 18(G) Article VII,
12 Section 18(G) of the Constitution of Louisiana, the fee shall be a flat fee per parcel
13 of land not to exceed one hundred and fifty dollars per year.  For commercial parcels,
14 the fee shall be a flat fee per parcel of land not to exceed three hundred seventy-five
15 dollars for each improved commercial parcel five hundred dollars per year.  Any
16 improved parcel consisting of both commercial and residential uses shall be
17 considered commercial for purposes of this Section  For the purposes of this Section,
18 any parcel used for both commercial and residential purposes shall be considered
19 commercial if it is comprised of fewer than four residential units and residential if
20 it is comprised of four or more residential units.
21	(2)  The fee shall be imposed on each improved parcel located within the
22 district.
23	*          *          *
24	(3)
25	*          *          *
26	(c)  If approved, the fee shall expire on December 31, 2014 at the end of the
27 term provided for in the proposition authorizing the fee, not to exceed eight years,
28 but the fee may be renewed if approved by a majority of the registered voters of the
29 district voting on the proposition at an election as provided in Subparagraph (a) of
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1 this Paragraph.  Any election to authorize the renewal of the fee shall be held at the
2 same time as a regularly scheduled municipal, state, or federal election.  Any
3 election to authorize the renewal of the fee shall be held for that purpose in
4 accordance with the Louisiana Election Code.  If the fee is renewed, the term of the
5 imposition of the fee shall be as provided in the proposition authorizing such
6 renewal, not to exceed eight years.
7	(4)(a)  The fee shall be collected at the same time and in the same manner as
8 ad valorem taxes on property subject to taxation by the city are collected, except that
9 properties exempt from ad valorem taxation pursuant to Article VII, Section 21 of
10 the Constitution of Louisiana shall not be exempt from the parcel imposed pursuant
11 to this Section.
12	(b)  Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
13 no parcel fee shall be imposed on property exempt from ad valorem taxation
14 pursuant to Article VII, Section 21(A) or (B) of the Constitution of Louisiana.
15	*          *          *
16 Section 2.  R.S. 33:9091.14(F)(3)(b) is hereby repealed in its entirety.
17 Section 3. (A)  The provisions of this Act shall not affect the parcel fee levied within
18 the Mid-City Security District on the effective date of this Act.  The governing authority of
19 the city of New Orleans shall continue to levy the fee until such time as it expires, as
20 provided in the proposition approved by a majority of the district's registered voters voting
21 on the proposition at an election held on November 16, 2019.
22 (B)  Notwithstanding the provisions of Subsection A of this Section, the board of
23 commissioners of the Mid-City Security District may call an election for the purpose of
24 submitting the question of the imposition of the fee authorized in this Act to the voters prior
25 to December 31, 2024.  If the imposition of the fee is approved by a majority of the district's
26 registered voters voting on the proposition at any such election, the governing authority of
27 the city shall then begin to levy a parcel fee as provided in the proposition.
28 Section 4.  This Act shall become effective upon signature by the governor or, if not
29 signed by the governor, upon expiration of the time for bills to become law without signature
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1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
2 vetoed by the governor and subsequently approved by the legislature, this Act shall become
3 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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