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      RS 36:802.22     

  

§802.22.  Transfer; New Orleans City Park Improvement Association and its board of commissioners

A. The New Orleans City Park Improvement Association and its board of commissioners, transferred by the provisions of R.S. 36:209(O), are transferred to and placed within the Department of Culture, Recreation and Tourism and shall exercise and perform their powers, duties, functions, and responsibilities as provided for agencies transferred as provided in R.S. 36:802, except as provided in this Section.

B.  Notwithstanding any provision of law to the contrary, the board of commissioners of the New Orleans City Park Improvement Association, referred to in this Section as the "board", shall:

(1)  Continue to appoint the general manager and the assistant general manager of the park.

(2)  Continue to establish fees, rents, charges, admissions, or fares as otherwise authorized by law, except as otherwise provided in any contract for the operation, care, control, or management of the park or any of its facilities as otherwise authorized by law.

(3)  Make an annual report to the legislature as provided in Section 7 of Act No. 865 of the 1982 Regular Session of the Legislature.

C.(1)  The provisions of this Section shall not affect the appointing authority of the New Orleans City Park Improvement Association, its board of commissioners, or its general manager as otherwise provided by or pursuant to law.  The provisions of this Section shall not affect the provisions of Section 6 of Act No. 865 of the 1982 Regular Session of the Legislature.

(2)  The provisions of this Section shall not affect the provisions of R.S. 11:413(14) which shall remain in effect.  The provisions of this Section shall not affect Modification No. 91 of the Louisiana State Social Security Agreement approved on December 28, 1956, and ratified on January 8, 1957, relative to social security coverage of employees of the New Orleans City Park Improvement Association which is specifically recognized and shall remain in effect.

D.  Notwithstanding any provision of law to the contrary, the board may solicit and accept gifts and donations for the purposes of New Orleans City Park.

E.(1)(a)  Section 8 of Act No. 865 of the 1982 Regular Session of the Legislature, as amended by Act No. 13 of the 1998 First Extraordinary Session of the Legislature, is specifically recognized and shall remain in effect.

(b)  New Orleans City Park and the New Orleans City Park Improvement Association shall prepare and make available a plan providing specific goals and objectives for the use of any state general funds, including measures of performance and a proposed comprehensive budget for the appropriated funding.  Any appropriated state general funds will become available to New Orleans City Park and the New Orleans City Park Improvement Association upon approval of the plan by the secretary of the Department of Culture, Recreation and Tourism.

(c)  New Orleans City Park and the New Orleans City Park Improvement Association and its board of commissioners shall submit to the Department of Culture, Recreation and Tourism a comprehensive report of receipts and expenditures at least quarterly in such form as the department may require and shall provide the department with any other information it may request.

(d)  Except as otherwise provided in this Subparagraph, New Orleans City Park, the New Orleans City Park Improvement Association, and its board of commissioners shall be solely responsible for responding to audit findings concerning the park, the association, or its board of commissioners and shall be solely responsible for taking corrective action and implementing corrective measures necessary to respond to such audit findings.  The Department of Culture, Recreation and Tourism shall be solely responsible for responding only to those audit findings concerning the park, the association, or its board of commissioners that relate to  functions and responsibilities that the department carries out on behalf of the park, the association, or its board of commissioners, and the department shall be solely responsible for taking corrective action and implementing corrective measures necessary to respond only to those audit findings.  For purposes of this Subparagraph, "audit findings" shall mean audit findings made by an entity that performs audits of state agencies or for submission to a state agency.

(2)  All funds accepted or received by or appropriated or allocated to or for New Orleans City Park or the New Orleans City Park Improvement Association or its board of commissioners shall be expended for the benefit of New Orleans City Park in accordance with policies and the master plan adopted by the board.  Subsection 4(B) of Act No. 865 of the 1982 Regular Session of the Legislature, as amended by Act No. 13 of the 1998 First Extraordinary Session of the Legislature, providing for the use of self-generated funds of the park for park development, maintenance, operation, and other park expenses, is specifically recognized and shall remain in effect.

F.  In accordance with the provisions of Section 3(B) of Act No. 130 of the 1896 Regular Session of the Legislature, as amended by Act No. 865 of the 1982 Regular Session of the Legislature, the New Orleans City Park Improvement Association, its board of directors, and its general manager and the Department of Culture, Recreation and Tourism and its officers shall have no authority to authorize, provide for, or otherwise permit the use of the park for residential purposes, including but not limited to temporary residential purposes, except for park employees and except for organized functions held in conjunction with recognized holidays and functions.

Acts 2006, No. 395, §3, eff. July 1, 2006; Acts 2008, No. 84, §1, eff. July 1, 2008.

NOTE:  See Acts 2006, No. 395, §§1 and 2, which amends uncodified Acts relative to New Orleans City Park and the New Orleans City Park Improvement Association and its board of commissioners and which affect the provisions of R.S. 36:802.22.



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