HLS 25RS-660 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 298
BY REPRESENTATIVE KNOX
DISTRICTS/SPECIAL: Provides relative to the Ernest N. Morial-New Orleans Exhibition
Hall Authority
1 AN ACT
2To amend and reenact R.S. 33:4710.11(A) and (D), 4710.13(3), (7), (8), and (13),
3 4710.15.1(A), 4710.15.2(A), 4710.16, 4710.17(A), 4710.17.1(A) and (D),
4 4710.24(A), (B)(1), (C)(1), and (F), 4710.25(A), 4710.26(B),
5 4710.28(A)(introductory paragraph), (1), and (2), and 4710.29 and to repeal R.S.
6 33:4710.14, 4710.15(B)(5), 4710.15.1(B)(4), 4710.15.2(B)(5), 4710.23(A)(4) and
7 (B)(4), 4710.24(E), 4710.25(D), 4710.26(C), and 4710.30, relative to the Ernest N.
8 Morial-New Orleans Exhibition Hall Authority; to provide relative to the powers and
9 duties of the authority; to provide for an effective date; and to provide for related
10 matters.
11 Notice of intention to introduce this Act has been published
12 as provided by Article III, Section 13 of the Constitution of
13 Louisiana.
14Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S. 33:4710.11(A) and (D), 4710.13(3), (7), (8), and (13), 4710.15.1(A),
164710.15.2(A), 4710.16, 4710.17(A), 4710.17.1(A) and (D), 4710.24(A), (B)(1), (C)(1), and
17(F), 4710.25(A), 4710.26(B), 4710.28(A)(introductory paragraph), (1), and (2), and 4710.29
18are hereby amended and reenacted to read as follows:
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1 §4710.11. Creation
2 A. There is hereby created the Ernest N. Morial-New Orleans Exhibition
3 Hall Authority, hereafter in this Chapter referred to as the "authority", which is
4 created as a body politic and corporate and political subdivision of the state. The
5 territorial limits and territorial jurisdiction of the authority shall be the entire parish
6 of Orleans, including but not limited to the Ernest N. Morial Convention Center-New
7 Orleans, referred to in this Chapter as the "convention center".
8 * * *
9 D.(1) As used in this Chapter, the word "project" or "projects" means one or
10 more of any combination of convention, exhibition, and tourist facilities, including
11 a convention center hotel with a multi-story parking garage and bridge connecting
12 the hotel and the south end of the convention center, the "Convention Center
13 Headquarters Hotel Project", and the necessary land, acquired by lease or purchase,
14 site improvements, infrastructure, furnishings, machinery, equipment, and
15 appurtenances for any such facility has the meaning provided in R.S. 33:4710.24.
16 (2) The authority may utilize its tax revenues, other income, and other
17 revenues for the costs of the design, development, construction, furnishing, and
18 equipping of the Convention Center Headquarters Hotel Project, as provided in and
19 pursuant to any contract described in this Section or as provided in and pursuant to
20 a cooperative endeavor agreement.
21 (3) Any lease with respect to the Convention Center Headquarters Hotel
22 Project shall provide for a payment in lieu of ad valorem taxes by the lessee thereof
23 during the term of such lease; such payment shall be calculated based on the number
24 of rooms in the Convention Center Headquarters Hotel Project, multiplied by the
25 average per-room tax assessment for the prior year of the three hotels that have the
26 highest number of rooms, that are not the subject of any ad valorem tax exemption,
27 abatement, or other reduction, and that are located within the area of downtown New
28 Orleans bounded on the east by Iberville Street, on the west by Calliope Street, on
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1 the north by Claiborne Avenue, and on the south by the Mississippi River, the "base
2 rate". Such payments shall be in the amounts as follows:
3 (a) Beginning in the first calendar year after the hotel is open to the public,
4 a payment equal to forty-five percent of the base rate.
5 (b) In the second calendar year after the hotel is open to the public, a
6 payment equal to sixty-five percent of the base rate.
7 (c) In the third calendar year after the hotel is open to the public, a payment
8 equal to eighty-five percent of the base rate.
9 (d) In the fourth calendar year after the hotel is open to the public and
10 thereafter, a payment equal to one hundred percent of the base rate.
11 (4) In connection with any development by the authority, other than with
12 respect to the Convention Center Headquarters Hotel Project, that constitutes or
13 includes a joint project involving a private entity, whether through a lease or other
14 public-private partnership structure, on land owned by the authority or any other tax
15 exempt entity, the authority shall use reasonable efforts to require, in the contract of
16 lease or other agreement, that the private entity pay ad valorem taxes on any
17 improvements constructed in connection with such development and a payment for
18 the applicable property calculated and paid as set forth in this Paragraph. However,
19 in the absence of provision for such payment, the contract of lease or other
20 agreement shall provide for an annual payment in lieu of ad valorem taxes by the
21 private entity during the term of such lease or other agreement, such payment to be
22 in an amount equal to the amount of ad valorem taxes which the private entity would
23 have been obligated to pay had it been the owner of the property and improvements
24 during the term of such lease or other agreement. The amount of each annual
25 payment in lieu of taxes shall be the applicable ad valorem tax rate applied against
26 the assessed value of the property and improvements, as determined by the parish
27 assessor; however, if the parish assessor fails or refuses to determine the assessed
28 value of the property and improvements, the amount of each annual payment in lieu
29 of taxes shall be the applicable ad valorem tax rate applied against the appraised
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1 value of the property and improvements, as determined by a Member Appraisal
2 Institute appraiser retained by the authority.
3 (5) Any payment in lieu of ad valorem taxes as provided by this Subsection
4 shall be paid to the local taxing authorities, through the normal collecting agency,
5 and, to the extent they do not in the aggregate exceed the amount of ad valorem taxes
6 that would be paid if the lessee were the owner, shall constitute statutory impositions
7 within the meaning of R.S. 47:2128.
8 * * *
9 §4710.13. Powers and duties
10 The authority shall have all the powers and authority necessary or convenient
11 to carry out the purposes of this Chapter including but not limited to the following
12 powers and authority:
13 * * *
14 (3) To acquire, whether by sale, exchange, lease, or otherwise, title to or
15 rights and interests in immovable property within the parish of Orleans, including
16 leasehold interests, required to implement the purposes of this Chapter. In
17 connection with any exchange of property in which the authority may engage, the
18 property acquired by the authority and the property given up by the authority shall
19 each have a value to the authority that is approximately equal, with any difference
20 to be paid in cash. The term "value to the authority" shall include any and all factors
21 reflecting a benefit to the authority and shall include without limitation proximity of
22 a property to other property owned by the authority, increased efficiency of
23 operations of the authority afforded by a property, the economic growth and
24 development resulting from such exchange, and resolution of any claims against or
25 potential liabilities of the authority achieved by any aspect of the exchange. Any
26 property that is acquired or owned by the authority is hereby declared to be public
27 property used for public purposes and shall be exempt from all ad valorem taxes.
28 * * *
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1 (7) To incur debt and issue bonds or other obligations for the purpose of the
2 authority in the manner provided by this Chapter, or other applicable law.
3 (8) To pledge to the payment of its bonds or other obligations and interest
4 thereon the avails or proceeds of the hotel occupancy taxes authorized by this
5 Chapter and other income and revenues of the authority derived from any source,
6 including without limitation any and all taxes, fees, and charges authorized by this
7 Chapter and revenues derived from one or more projects or expansion projects and
8 leases and agreements securing the payment of bonds.
9 * * *
10 (13)(a) Except as limited by the terms and conditions of the lease covering
11 and affecting the Poydras Street Wharf, to lease or sublease to or from any person,
12 firm, or corporation, public or private, all or any part of any project upon such terms
13 and conditions and for such term of years, not in excess of sixty ninety-nine years,
14 as the board deems advisable to carry out the provisions of this Chapter and to
15 provide, if deemed advisable by the board, for an option to purchase or otherwise
16 lawfully acquire such project upon the terms and conditions therein specified. Any
17 lease or sublease, or both, of the authority to an exhibition or convention user or to
18 facilitate the private development and funding of lodging facilities, including any
19 assignments thereof, any lease or sublease or extension or renewal thereof, including
20 any assignments thereof, for allied services such as hotels, restaurants, retail outlets,
21 offices, and entertainment, are exempt from the provisions of R.S. 38:2211 et seq.,
22 and any other provision of law with respect to the purchase or lease of property by
23 public entities; all other contracts, leases or subleases, or both, of the authority,
24 including any assignment thereof, shall be entered into in accordance with the
25 provisions of R.S. 38:2211 et seq.
26 (b) In connection with any such lease or sublease, to require the lessee or
27 sublessee to pay annually to the parish or municipal taxing authorities, through the
28 normal collecting agency, a sum in lieu of ad valorem taxes to compensate such
29 taxing authorities for any services rendered by them to any project, which sum shall
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1 not be in excess of the ad valorem taxes such lessee or sublessee would have been
2 obligated to pay such taxing authorities had it been the owner of the project during
3 the period for which such payment is made; provided, however, that the lessee or
4 sublessee shall be required to pay the full amount of any ad valorem taxes levied by
5 the Orleans Parish School Board. Such payments to be made in lieu of taxes together
6 with any fees and charges of the authority, to the extent in the aggregate they do not
7 exceed the amount of taxes that would be paid if the lessee or sublessee were the
8 owner, shall constitute statutory impositions within the meaning of Title 47 of the
9 Louisiana Revised Statutes of 1950.
10 * * *
11 §4710.15.1. Additional hotel tax authorized
12 A. In addition to the tax authorized by R.S. 33:4710.15, the authority may
13 levy and collect an additional tax on the occupancy of hotel rooms located within the
14 parish of Orleans. The tax shall be in the amount of one percent of the rent or fee
15 charged for such occupancy and shall be in addition to all taxation upon the
16 occupancy of hotel rooms located in the parish of Orleans. The tax shall be levied
17 and collected in the same manner, according to the same procedures, and upon the
18 same terms and conditions, including the approval of the governing authority of the
19 city of New Orleans and the electorate of the city, as required for the imposition of
20 the tax authorized by R.S. 33:4710.15(A). The authority to levy and collect the tax
21 authorized in this Subsection shall terminate upon payment in full of all bonds or
22 other similar debt obligations of the authority payable in whole or in part from or
23 secured by such tax and issued before July 1, 2029.
24 * * *
25 §4710.15.2. Additional hotel occupancy tax authorized
26 A.(1)(a) In addition to the hotel occupancy taxes authorized to be levied and
27 collected by the authority pursuant to R.S. 33:4710.15 and 4710.15.1, the authority
28 may levy and collect a tax upon the paid occupancy of hotel rooms located within
29 the parish of Orleans. The hotel occupancy tax shall be in the amount of fifty cents
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1 per occupied hotel room per night for hotels containing ten to two hundred
2 ninety-nine guest rooms, one dollar per occupied hotel room per night for hotels
3 containing three hundred to nine hundred ninety-nine guest rooms, and two dollars
4 per occupied hotel room per night for hotels containing one thousand or more guest
5 rooms.
6 (b)(2) The tax shall be levied and collected in the same manner, according
7 to the same procedures, and upon the same terms and conditions, including the
8 approval of the governing authority of the city of New Orleans and the electorate of
9 the city, as required for the imposition of the tax by R.S. 33:4710.15(A).
10 (2) The authority to levy and collect the hotel occupancy tax shall terminate
11 upon payment in full of all bonds or other similar debt obligations of the authority
12 payable in whole or in part from or secured by such tax.
13 * * *
14 §4710.16. Use of revenues
15 Prior to the issuance of bonds pursuant to this Chapter, any Any revenue of
16 the authority derived from any source whatsoever, after all payments required to be
17 made in connection with any bonds of the authority have been made, may be used
18 by the authority for the payment of the administrative and operating expenses of the
19 board authority and for the payment of any expenses incurred in determining the
20 feasibility of a project or projects and developing plans therefor connection with any
21 project, including engineering, architectural, legal, and administrative costs and fees
22 incidental thereto. Any revenue of the authority remaining at the end of each fiscal
23 year prior to the issuance of bonds and after the payment of such expenses shall be
24 considered surplus and may, in the sole discretion of the authority, be distributed by
25 the authority to the city of New Orleans or retained by authority for utilization on
26 future expenses, capital expenditures, or costs reasonably anticipated to be incurred.
27 §4710.17. Bonds
28 A. The authority may, from time to time, with the approval of the State Bond
29 Commission, issue negotiable bonds in one or more series in such principal amount
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1 as it deems necessary to provide for the acquisition, construction, reconstruction,
2 extension, or improvement of one or more projects, including engineering,
3 architectural, inspection, legal, and financial fees and costs, interest on such bonds
4 during construction and for a reasonable period thereafter, establishment of reserves
5 to secure such bonds, and all other expenditures of the authority incidental or
6 necessary or convenient thereto. The annual payments due on bonds of the authority
7 for principal, interest, premium, or otherwise shall not exceed the estimated annual
8 revenues of the hotel occupancy taxes authorized by this Chapter and other income
9 and revenues of the authority derived from any source whatsoever, including without
10 limitation any and all taxes, fees, and charges authorized by this Chapter and
11 revenues derived from one or more projects or expansion projects and leases and
12 agreements securing the payment of bonds. Such bonds shall be authorized and
13 issued by a resolution of the board of the authority and shall be of such series, bear
14 such date or dates, be serial or term bonds, or a combination thereof, mature at such
15 time or times, bear interest at such rate or rates payable on such date or dates, be in
16 such denominations, be in such form, carry such registration and exchangeability
17 privilege, be payable in such medium of payment and at such place or places, be
18 subject to such terms of redemption, and be secured in such manner consistent with
19 the authority contained in this Section as the resolution authorizing such bonds may
20 provide.
21 * * *
22 §4710.17.1. Additional authority to issue bonds
23 A. Without reference to any other provision of the Constitution of Louisiana
24 or of the laws of Louisiana and as a grant of power in addition to the authority to
25 issue bonds contained in R.S. 33:4710.17 and to carry out the purposes of this
26 Chapter, the authority may, from time to time, with the approval of the State Bond
27 Commission, issue negotiable bonds in one or more series for the purpose of
28 providing funds to finance an expansion a project or projects, including engineering,
29 architectural, inspection, legal, and financial fees and costs, interest on such bonds
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1 during construction and for a reasonable period thereafter, establishment of reserves
2 to secure such bonds, all costs associated with the issuance of such bonds, including
3 credit enhancement, derivative products, underwriter's discount, and funding of
4 accounts, if any, required by the terms of the resolution or trust indenture authorizing
5 their issuance, and all other expenditures of the authority incidental or necessary or
6 convenient thereto. Such bonds shall be authorized and issued by a resolution or
7 resolutions of the board and shall be of such series, bear such date or dates, be of
8 such type, mature at such time or times, bear interest at such rate or rates payable on
9 such date or dates, be in such denominations, be in such form, carry such registration
10 and exchangeability privilege, be payable in such medium of payment and at such
11 place or places, be subject to such terms of redemption, and be secured in such
12 manner consistent with the authority contained in this Section as the resolution
13 authorizing such bonds may provide. Payment of the bonds authorized by this
14 Section may be secured by a pledge of the avails or proceeds of the hotel occupancy
15 taxes and food and beverage tax authorized by this Chapter, such other taxes, fees,
16 and charges authorized by this Chapter, and any other income and revenue of the
17 authority as may be determined by the board and as authorized or permitted by law.
18 The word "bonds" as used in this Section means and includes bonds, notes,
19 certificates of indebtedness, or other evidence of indebtedness for the repayment of
20 borrowed money.
21 * * *
22 D. The board may, in any resolution authorizing the issuance of such bonds,
23 enter into such covenants with the future owner or owners of the bonds as to the
24 management and operation of expansion projects, the lease or rental thereof, the
25 imposition and collection of fees and charges for services and facilities furnished by
26 the authority, the disposition of such fees and revenues, the issuance of future bonds
27 and the creation of future liens and encumbrances against the expansion projects and
28 the revenues therefrom, the carrying of insurance on the expansion projects, the
29 keeping of books and records, and other pertinent matters, including the appointment
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1 of a receiver in the event of default, as may be deemed proper by the board to assure
2 the marketability of the bonds.
3 * * *
4 §4710.24. Expansion project Projects defined; additional taxes
5 A. As used in this Chapter, "expansion project" "project" or "projects" means
6 a project or projects for the acquisition, construction, installation, and equipping of
7 additions or improvements to the Ernest N. Morial Convention Center-New Orleans,
8 the "convention center" one or more of any combination of convention, exhibition,
9 tourist, entertainment, lodging, retail, parking, and related facilities, together with the
10 necessary land, acquired by lease or purchase, site improvements, infrastructure,
11 furnishings, machinery, equipment, and appurtenances for any such facility,
12 including but not by way of limitation each of the following:
13 (1) Phase III Convention Center Expansion Project, which consists of a
14 building attached to the convention center containing additional exhibit space,
15 meeting rooms, ballroom space, a food court, exhibit hall concession stands, food
16 production facilities, and other structures and facilities functionally related to the
17 convention center and completed in April of 1999.
18 (2) Phase IV Convention Center Expansion Project, which means the project
19 to construct a free-standing building across Henderson Street from the existing
20 convention center, on a site owned by the authority, containing approximately one
21 million five hundred thousand square feet under roof including approximately five
22 hundred thousand square feet of exhibit space, with accompanying meeting rooms,
23 food service areas, building service areas, and other facilities functionally related
24 thereto, and which shall be connected to Phase III Convention Center Expansion
25 Project by a pedestrian bridge above Henderson Street.
26 (3) Phase V Convention Center Expansion Project, which means all of the
27 following projects:
28 (a)(1) Constructing, installing, equipping, renovating, and refurbishing the
29 convention center and related infrastructure and the acquisition of land in the vicinity
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1 of the convention center to implement the authority's five-year capital plan as
2 approved by the board as the same may be amended from time to time but excluding
3 any expansion project beyond the projects referred to in Subparagraphs (b) and (c)
4 of this Paragraph.
5 (b)(2) The public or private development of the Convention Center
6 Headquarters Hotel Project any project, the private component of which may involve
7 a joint project between the authority and a private entity.
8 (c)(3) Additional riverfront development adjacent to or in support of the
9 convention center including acquisition, expansion, investment, construction,
10 restoration, demolition, site preparation, and development of land, structures,
11 infrastructure, including public rights-of-way, utilities, lighting, and landscaping to
12 surrounding urban areas and riverfront. Such development shall be accomplished in
13 a manner that ensures no interference with or adverse effect upon vehicular access
14 to the facilities of the board of commissioners of the Port of New Orleans or the main
15 line track of the New Orleans Public Belt Railroad.
16 B.(1) Notwithstanding any other provision of this Chapter or any other law
17 to the contrary, in order to provide funds for any expansion project and for the use
18 of such funds, along with existing taxes, fees, and charges to secure any bonds issued
19 for such expansion project, the authority may levy and collect within the parish of
20 Orleans a tax of one percent on the occupancy of hotel rooms located in Orleans
21 Parish.
22 * * *
23 C.(1) In addition to other taxes authorized by this Chapter and to provide
24 additional funds for any expansion project, the authority may levy and collect an
25 additional tax on food and beverages sold by any food service establishment located
26 within the parish of Orleans or in any airport or air transportation facility owned and
27 operated by the city of New Orleans, excluding any food service establishment
28 owned by any individual or corporation who had gross annual receipts of less than
29 five hundred thousand dollars from the operation of all such establishments during
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1 the calendar year prior to the year in which the additional food and beverage tax is
2 assessed. The tax shall be in the amount of one-fourth of one percent of gross
3 receipts from the sales of goods and beverages by food service establishments.
4 * * *
5 F. Without reference to any other provision of the constitution or laws of
6 Louisiana, including this Chapter, the authority may, from time to time, with the
7 approval of the State Bond Commission, issue negotiable bonds in one or more series
8 for the purpose of providing funds to finance expansion projects any project in
9 accordance with the provisions of R.S. 33:4710.17 and 4710.17.1 or other applicable
10 law; such bonds to be payable from all revenues derived by the authority as more
11 particularly set forth in the resolution or resolutions providing for their issuance.
12 §4710.25. Service contractor tax
13 A. Notwithstanding any other provision of law to the contrary, in order to
14 provide funds for any expansion project, the authority may levy and collect, within
15 the parish of Orleans, a tax on the furnishing of goods and services which are
16 provided on a contractual basis by service contractors in conjunction with trade
17 shows, conventions, exhibitions, and other events, whether public or private, such
18 services to include goods and services provided in connection with the installation
19 and dismantling of exhibits, displays and booths, decorations, electrical supplies,
20 material handling, drag, flowers and floral decorations, computers, audio and visual
21 equipment, bands and orchestras, lighting trusses, rigging and associated equipment,
22 furniture, carpets, signs, props, floats, business machines, plumbing, telephones,
23 photography, catering food services, compressed air or gas, balloons, scaffolding,
24 fork lifts, highlights, security, information retrieval systems, and any other services
25 or items associated with the above. The tax shall be levied on the service contractor
26 providing the services in an amount equal to two percent of total charges specified
27 in the contract to be paid to the service contractor for the furnishing of the goods and
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1 services; however, the amount of the tax may be included in the contract as a charge
2 to be paid by the person for whom the goods and services were provided.
3 * * *
4 §4710.26. Sight-seeing tour tax
5 * * *
6 B. Notwithstanding any other provisions of law to the contrary, in order to
7 provide funds for any expansion project, the authority may levy and collect a tax of
8 one dollar on all tickets sold in the parish of Orleans for per capita sight-seeing tours
9 in the parish of Orleans, or for tours, a portion of which includes sight-seeing in the
10 parish of Orleans, except those sold by a governmental agency. The tax shall be
11 imposed by ordinance adopted by the board which shall provide for the
12 administration and enforcement of the tax and the collection of the tax from persons
13 subject to the tax as the authority determines to be necessary or practical for the
14 effective collection, administration, and enforcement of the tax. The tax shall be
15 paid by the purchasers of the tickets at the time of purchase. The authority may enter
16 into agreements as it deems appropriate with any governmental agency providing for
17 that entity or agency to act as the authority's agent to collect the tax.
18 * * *
19 §4710.28. Minority businesses
20 A. To provide equal procurement, contractual, and employment participation
21 in any expansion project, as defined in R.S. 33:4710.24, the authority shall prescribe
22 rules and regulations as may be necessary to provide for the following protections
23 for the rights of minority citizens:
24 (1) To designate and set aside for awarding to minority businesses not less
25 than thirty percent of anticipated local procurement of goods and services
26 respectively, including contracts for professional services but excluding construction,
27 for any expansion project, based upon the total value of such procurement.
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1 (2) To designate and set aside for awarding to minority contractors not less
2 than twenty percent of the construction contracts for any expansion project, based
3 upon the total value of such contracts.
4 * * *
5 §4710.29. Reporting
6 The authority shall present to the city council of New Orleans an annual
7 written and oral report on its financial condition at a meeting of the city council in
8 January the second fiscal quarter of each year. The written report shall include the
9 latest available annual and year-to-date financial statements, operating and capital
10 budgets for the current year and proposed for the upcoming year, and a schedule of
11 all reserves held by the authority for future use pursuant to R.S. 33:4710.19(B)(5)
12 specifying each project for which a reserve has been established.
13 Section 2. R.S. 33:4710.14, 4710.15(B)(5), 4710.15.1(B)(4), 4710.15.2(B)(5),
144710.23(A)(4) and (B)(4), 4710.24(E), 4710.25(D), 4710.26(C), and 4710.30 are hereby
15repealed in their entirety.
16 Section 3. This Act shall become effective upon signature by the governor or, if not
17signed by the governor, upon expiration of the time for bills to become law without signature
18by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
19vetoed by the governor and subsequently approved by the legislature, this Act shall become
20effective 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 298 Original 2025 Regular Session Knox
Abstract: Provides relative to the powers and duties of the Ernest N. Morial-New Orleans
Exhibition Hall Authority.
Present law creates the Ernest N. Morial-New Orleans Exhibition Hall Authority as a
political subdivision of the state. Provides that the purpose of the authority is to acquire,
construct, reconstruct, extend, improve, maintain, and operate projects within the city of
New Orleans in order to promote the economic growth and development of the city and its
neighboring parishes. Provides for the boundaries of the authority.
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Proposed law retains present law.
Present law defines "project" to mean one or more of any combination of convention,
exhibition, and tourist facilities, including a convention center hotel with a multi-story
parking garage and bridge connecting the hotel and the south end of the convention center
and necessary land acquired by lease or purchase, site improvements, infrastructure,
furnishings, machinery, equipment, and appurtenances. Defines "expansion project" to mean
a project(s) for the acquisition, construction, installation, and equipping of additions or
improvements to the Ernest N. Morial Convention Center-New Orleans. Also includes in
the definition various specified phases and stages of expansion of the existing convention
center.
Proposed law removes the reference to "expansion project" throughout present law and
modifies the definition of "project(s)" to mean one or more of any combination of
convention, exhibition, tourist, entertainment, lodging, retail, parking, and related facilities,
together with the necessary land, acquired by lease or purchase, site improvements,
infrastructure, furnishings, machinery, equipment, and appurtenances for any such facility.
Present law additionally provides that an expansion project includes Phase V Convention
Center Expansion Project which includes the following;
(1)Constructing, installing, equipping, renovating, and refurbishing the convention
center and related infrastructure and the acquisition of land in the vicinity of the
convention center to implement the authority's five-year capital plan as approved by
the board as the same may be amended from time to time.
(2)The public or private development of the Convention Center Headquarters Hotel
Project.
(3)Additional riverfront development adjacent to or in support of the convention center.
Proposed law removes reference to Phase V Convention Center Expansion Project and the
Convention Center Headquarters Hotel Project and makes present law applicable to the
definition of project(s) as provided in proposed law.
Present law provides that any lease with respect to the Convention Center Headquarters
Hotel Project shall provide for a payment in lieu of ad valorem taxes by the lessee. Provides
that in connection with any development, other than with respect to the hotel project, that
includes a joint project involving a private entity, the authority shall require that the private
entity pay ad valorem taxes on any improvements constructed in connection with the
development. Further provides that in the absence of a provision for such payment, the
agreement must provide for an annual payment in lieu of ad valorem taxes by the private
entity. Provides for the calculation of payments.
Proposed law removes present law.
Present law provides for the powers and duties of the authority, including the power to
acquire by sale, exchange, lease, or otherwise title to or rights and interests in immovable
property within Orleans Parish. Provides that in connection with any exchange of property,
the property acquired by the authority and the property given up by the authority shall each
have a value to the authority that is approximately equal, with any difference paid in cash.
Provides that the term "value to the authority" includes any and all factors reflecting a
benefit to the authority and includes without limitation proximity of a property to another
property owned by the authority, increased efficiency of operations of the authority afforded
by the property, and a resolution of any claims against or potential liabilities of the authority
achieved by any aspect of the exchange.
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Proposed law retains present law and additionally provides that "value to the authority"
includes the economic growth and development resulting from the exchange. Provides that
any property that is acquired or owned by the authority is declared to be public property used
for public purposes and shall be exempt from all ad valorem taxes.
Present law authorizes the authority to lease or sublease all or any part of any project upon
such terms and conditions and for such term of years, not in excess of 60 years, as the board
deems advisable.
Proposed law increases the term of the lease or sublease to not in excess of 99 years.
Additionally authorizes the authority to require the lessee or sublessee to pay annually to the
parish or municipal taxing authorities a sum in lieu of ad valorem taxes to compensate such
taxing authorities for any services rendered by them to any project, which sum shall not be
in excess of the ad valorem taxes such lessee or sublessee would have been obligated to pay
the authorities had it been the owner of the project during the period for which such payment
is made. Requires the lessee or sublessee to pay the full amount of any ad valorem taxes
levied by the Orleans Parish School Board.
Present law authorizes the authority, subject to approval of the holders of any mortgage or
other lien or encumbrance, to purchase from International River Center or its successor all
of Rivercenter's rights, title, and interest in and to and assume all obligations of Rivercenter
arising out of the lease covering and affecting certain areas of the public wharf known as the
Poydras Street Wharf.
Proposed law repeals present law.
Present law authorizes the authority to levy and collect several taxes on the occupancy of
hotel rooms located within the parish of Orleans, including the following:
(1)A hotel occupancy tax at a rate of 1%.
(2)A hotel occupancy tax at a rate of $.50 at a hotel with 10 to 299 guest rooms; $1 at
a hotel with 300 to 999 guest rooms; $2 at a hotel with 1,000 or more guest rooms.
Proposed law retains present law.
Present law provides that the authority to levy and collect some of the taxes shall terminate
upon payment in full of all bonds or other similar debt obligations of the authority payable
in whole or in part from or secured by such taxes. Provides that other taxes terminate upon
payment in full of all bonds or other similar debt obligations of the authority payable in
whole or in part from or secured by such taxes and issued before July 1, 2029.
Proposed law repeals present law.
Present law authorizes the authority to levy a food and beverage tax on food service
establishments located within Orleans Parish or in any airport or air transportation facility
owned and operated by the city of New Orleans not to exceed ½ of 1%. Authorizes the levy
of an additional food and beverage tax not to exceed ½ of 1/%. Excludes food service
establishments owned by an individual or corporation who had gross annual receipts of less
than $200,000.
Proposed law retains present law.
Present law provides that the authority to levy one of the food and beverage taxes terminates
upon payment in full of all bonds or similar debt obligations. Provides that the authority to
levy the other food and beverage tax terminates upon payment in full of all bonds or other
similar debt obligations of the authority payable in whole or in part from or secured by such
tax and issued before July 1, 2029.
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Proposed law repeals present law.
Present law provides that the authority may incur debt and issue bonds for the purpose of the
authority in the manner provided by present law.
Proposed law retains present law and additionally authorizes the authority to incur debt and
issue bonds as provided by other applicable law.
Present law provides that, prior to the issuance of bonds, any revenue of the authority
derived from any source whatsoever may be used by the authority for the payment of the
administrative and operating expenses of the board and for the payment of any expenses
incurred in determining the feasibility of a project(s) and developing plans therefor. Any
revenue of the authority remaining at the end of each fiscal year prior to the issuance of
bonds and after the payment of such expenses shall be considered surplus.
Proposed law modifies present law to provide that any revenue of the authority derived from
any source whatsoever, after all payments required to be made in connection with any bonds
of the authority have been made, may be used by the authority for the payment of the
administrative and operating expenses of the authority and for the payment of any expenses
incurred in connection with any project. Any revenue of the authority remaining at the end
of each fiscal year after the payment of such expenses shall be considered surplus.
Present law authorizes the authority to issue bonds to provide for the acquisition,
construction, reconstruction, extension, or improvement of one or more projects, including
expansion projects. Provides that the annual payments due on bonds shall not exceed the
estimated annual revenues, including revenues derived from one or more projects or
expansion projects.
Proposed law retains present law but removes reference to expansion projects and makes
present law applicable to projects as defined in proposed law.
Present law authorizes the authority to levy the following taxes:
(1)A tax on contractor services provided to trade shows, conventions, exhibitions, and
other events to fund expansion projects. Provides that the rate of the tax is 2% of the
charges for the contract service.
(2)A sight-seeing tour tax of $1 per ticket to fund expansion projects.
Proposed law retains present law but removes reference to expansion projects and makes
present law applicable to projects as defined in proposed law.
Present law provides that the authority to levy and collect the taxes terminates upon payment
in full of all bonds or other similar debt obligations of the authority payable in whole or in
part from or secured by such tax and issued before July 1, 2029.
Proposed law repeals present law.
Present law requires the authority to prescribe rules and regulations to provide for equal
procurement, contractual, and employment participation of minority citizens in any
expansion project.
Proposed law removes reference to expansion project and makes present law applicable to
projects as defined in proposed law.
Present law requires the authority to present an annual written and oral report on its financial
condition to the city council at a meeting of the council in Jan. each year.
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Proposed law removes the requirement that the authority present an oral report and requires
that the report be submitted in the second fiscal quarter of each year.
Present law provides that the authority shall not issue bonds or incur debt in any form for a
term of more than 40 years from the date of issuance. Prohibits the authority from issuing
bonds or incurring debt in any form for the Phase V Convention Center Expansion Project
after July 1, 2029.
Proposed law repeals present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:4710.11(A) and (D), 4710.13(3), (7), (8), and (13), 4710.15.1(A),
4710.15.2(A), 4710.16, 4710.17(A), 4710.17.1(A) and (D), 4710.24(A), (B)(1), (C)(1), and
(F), 4710.25(A), 4710.26(B), 4710.28(A)(intro para.), (1), and (2), and 4710.29; Repeals
R.S. 33:4710.14, 4710.15(B)(5), 4710.15.1(B)(4), 4710.15.2(B)(5), 4710.23(A)(4), and
(B)(4), 4710.24(E), 4710.25(D), 4710.26(C), and 4710.30)
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