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Regular Session, 2011
SENATE BILL NO. 116
BY SENATOR DORSEY
SPECIAL DISTRICTS. Creates the Spanish Town Security District in East Baton Rouge
Parish. (8/15/11)
AN ACT1
To enact R.S. 33:9097.12, relative to East Baton Rouge Parish; to create the Spanish Town2
Security District; to provide for the purpose, boundaries, governance, powers and3
duties of the district; to provide for the imposition of a parcel fee; and to provide for4
related matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 33:9097.12 is hereby enacted to read as follows: 8
ยง9097.12. Spanish Town Security District9
A. Creation. There is hereby created within the parish of East Baton10
Rouge, as more specifically provided in Subsection B of this Section, a body11
politic and corporate which shall be known as the Spanish Town Security12
District, hereafter in this Section referred to as the "district". The district shall13
be a political subdivision of the state as defined in the Constitution of Louisiana.14
B. Boundaries. The boundaries of the district shall encompass the area15
included within the following perimeter: State Capital Drive, North 9
th
Street,16
North Street, and North 5
th
Street.17 SB NO. 116
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C. The purpose of the district shall be to aid in crime prevention and to1
add to the security of residents by providing for an increase in the presence of2
law enforcement personnel and provide remediation and activities which3
directly increase the safety of residents and security of property.4
D. Governance. (1) The district shall be governed by a board of5
commissioners, referred to in this Section as the "board", consisting of five6
members as follows:7
(a) The chairman of the Historic Spanish Town Civic Association or its8
successor representative organization representing the residents of Spanish9
Town, shall serve as one member.10
(b) The board of directors of the Historic Spanish Town Civic11
Association, or its successor organization representing the residents of Spanish12
Town, shall appoint one member.13
(c) The member or members of the Louisiana House of Representatives14
who represent the area which comprises the district shall appoint one member.15
(d) The member or members of the Louisiana Senate who represent the16
area which comprises the district shall appoint one member.17
(e) One member appointed by the member or members of the East Baton18
Rouge Parish Metro Council who represent the area which comprises the19
district.20
(2) All members of the board shall own immovable property within the21
district.22
(3)(a) The member serving pursuant to Subparagraph (1)(a) of this23
Subsection shall serve during his/her term of office as chair.24
(b) The member serving pursuant to Subparagraph (1)(b) of this25
Subsection shall serve a term of four years after an initial term of one year.26
(c) The terms of the members appointed pursuant to Subparagraphs27
(1)(c) through (e) of this Subsection shall be concurrent with the respective28
appointing authority.29 SB NO. 116
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(4) Vacancies shall be filled for the remainder of the unexpired term in1
the manner of the original appointment. Members shall be eligible for2
reappointment.3
(5) The members of the board shall select, from among themselves, a4
chairman and such other officers as they deem appropriate. The5
responsibilities of the officers shall be as provided by published bylaws of the6
board.7
(6) The members of the board shall serve without compensation and shall8
not receive reimbursement for expenses.9
E. Powers and duties. The district, acting through its board of10
commissioners, shall have the following powers and duties:11
(1) To sue and be sued.12
(2) To adopt, use, and alter at will a corporate seal.13
(3) To receive and expend funds collected pursuant to Subsection F of14
this Section and in accordance with a budget adopted as provided by Subsection15
G of this Section.16
(4) To enter into contracts with individuals or entities, private or public,17
for the purpose of the district.18
(5) To purchase items and supplies which the board deems effective,19
instrumental, and necessary in achieving the purpose of the district.20
(6) To perform or have performed any function or activity the board21
deems necessary to carry out the purposes of the district.22
(7) To accept private grants and donations.23
F. Parcel fee. The governing authority of East Baton Rouge Parish may24
impose and collect a parcel fee within the district subject to and in accordance25
with the provisions of this Subsection:26
(1) The amount of the fee shall be as determined by duly adopted27
resolution of the board. The fee, however, shall not exceed two hundred dollars28
per parcel per year for lots zoned for residential use and two thousand dollars29 SB NO. 116
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per parcel per year for lots zoned for commercial use.1
(2) (a)The fee shall be imposed on each parcel located within the district.2
(b) For purposes of this Section, "parcel" means a lot, a subdivided3
portion of ground, or an individual tract and does not mean a "condominium4
parcel" as defined in R.S. 9:1121.103. Thus, with respect to condominiums, the5
fee collector shall impose the parcel fee on each lot on which condominiums are6
situated and not on individual condominium units.7
(c) The owner of the parcel shall be responsible for the fee.8
(3)(a) The fee shall be imposed only after the question of its imposition9
has been approved by a majority of the registered voters of the district voting10
on the proposition at an election held for that purpose in accordance with the11
Louisiana Election Code. At least thirty days prior to any election held to12
approve imposition of a parcel fee, the board shall mail notification of the13
upcoming election to each registered voter of the district and to the owner of a14
parcel if the owner is not a registered voter of the district. No other election15
shall be required except as provided by this Paragraph.16
(b) The initial election on the question of the imposition of the fee shall17
be held at the same time as a regularly scheduled election in the parish of East18
Baton Rouge.19
(c) The fee shall expire ten years from its initial levy but may be renewed20
in the same manner as provided in Subparagraph (a) of this Paragraph. If the21
fee is renewed, the term of the imposition of the fee shall be as provided in the22
proposition authorizing such renewal.23
(4) The fee shall be collected at the same time and in the same manner24
as ad valorem taxes are collected by the parish.25
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the26
parish and shall be enforced with the same authority and subject to the same27
penalties and procedures as unpaid ad valorem taxes.28
(6) The parish of East Baton Rouge shall remit to the district all amounts29 SB NO. 116
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collected not more than sixty days after collection. However, the board may1
enter into an agreement with the parish to authorize the parish to retain, as a2
collection fee, not more than one percent of the amount collected.3
G. Budget. (1) The board of commissioners shall adopt an annual budget4
in accordance with the Louisiana Local Government Budget Act, R.S. 39:13015
et seq. The budget and all amendments shall be made public and shall be6
subject to the approval of the East Baton Rouge Parish Metropolitan council.7
(2) The district shall be subject to audit by the legislative auditor8
pursuant to R.S. 24:513.9
H. Dissolution. (1) The district may be dissolved after the question of its10
dissolution has been approved by a majority of the registered voters of the11
district voting on the proposition at a regularly scheduled election conducted in12
accordance with the provisions of the Louisiana Election Code. The question13
may be placed on the ballot only after it has been approved by the affirmative14
vote of not less than three members of the board.15
(2) If the district ceases to exist:16
(a) All funds of the district shall be transmitted by the board to the17
governing authority of the city of Baton Rouge within thirty days of dissolution.18
Such transmitted funds, together with any other funds collected by the parish19
of East Baton Rouge pursuant to this Section, shall be maintained in a separate20
account and shall be used only to promote, encourage, and enhance the security,21
beautification, and overall betterment of the area included in the district.22
(b) The authority for the imposition of the parcel fee provided in this23
Section shall cease.24
I. Miscellaneous provision. It is the purpose and intent of this Section25
that the additional law enforcement personnel and services provided by the26
district shall be supplemental to and not in lieu of personnel and services27
provided in the district by the city of Baton Rouge and the parish of East Baton28
Rouge.29 SB NO. 116
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Proposed law creates the Spanish Town Security District in East Baton Rouge Parish. The
purpose of the district is to provide for an increase in the presence of law enforcement
personnel in the district.
Proposed law provides that the district shall be governed by a board of five commissioners,
comprised as follows:
(a)The chairman of the Historic Spanish Town Civic Association.
(b)One member appointed by the board of directors of the Historic Spanish Town Civic
Association.
(c)One member appointed by the member or members of the La. House of
Representatives who represent the area.
(d)One member appointed by the member or members of the La. Senate who represent
the area.
(e)One member appointed by the member or members of the East Baton Rouge Parish
Metro Council who represent the area.
Proposed law provides for the terms of office for all board members.
Proposed law provides that members shall serve without compensation and will not be
reimbursed for expenses.
Proposed law provides that the district, through its board, shall have the following powers
and duties:
(1)To sue and be sued.
(2)To adopt, use, and alter at will a corporate seal.
(3)To receive and expend funds collected pursuant to proposed law and in accordance
with a budget adopted as provided by proposed law.
(4)To enter into contracts with individuals or entities, private or public.
(5) To purchase items and supplies which the board deems effective, instrumental and
necessary in achieving the purpose of the district.
(6)To perform or have performed any function or activity the board deems necessary
to carry out the purposes of the district.
(7)To accept private grants and donations.
Proposed law authorizes the governing authority of East Baton Rouge Parish to impose and
collect a parcel fee on all lots, including residential and commercial, within the district.
Requires that the amount of the parcel fee be as determined by resolution of the Spanish
Town Security District board and that the fee shall not be imposed until approved at a
proposition election in the district. SB NO. 116
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Proposed law provides that the amount of the parcel fee shall not exceed $200 for residential
lots and $2,000 for commercial lots. Provides that the owner of each parcel shall be
responsible for payment of the fee. Provides that the fee shall expire ten years after its initial
levy and authorizes renewal of such fee in the same manner as its initial imposition.
Proposed law requires the parish to remit to the district all amounts collected not more than
60 days after collection. Authorizes the parish of East Baton Rouge to retain a collection fee,
not to exceed 1% of the total amount collected.
Proposed law provides that it is the purpose and intent of proposed law that the additional
law enforcement personnel and services provided by the district be supplemental to and not
in lieu of personnel and services provided in the district by the city of Baton Rouge and the
parish of East Baton Rouge.
Effective August 15, 2011.
(Adds R.S. 33:9097.12)