HLS 12RS-4 ENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 253
BY REPRESENTATIVE FOIL
DISTRICTS/CRIME PREVENT: Provides for the creation of a crime prevention and
improvement district in the Mayfair Park, Mayfair Park East, and Mayfair Heights
subdivisions in East Baton Rouge Parish
AN ACT1
To enact R.S. 33:9097.13, relative to East Baton Rouge Parish; to create the Mayfair2
Park/Park East/Heights Crime Prevention and Improvement District within the3
parish; to provide relative to the purpose, governance, powers, and duties of the4
district; to provide for the imposition of a parcel fee and for the use thereof; and to5
provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 of the Constitution of8
Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 33:9097.13 is hereby enacted to read as follows: 11
ยง9097.13. Mayfair Park/Park East/Heights Crime Prevention and Improvement12
District13
A. Creation. There is hereby created within the parish of East Baton Rouge,14
as more specifically provided in Subsection B of this Section, a body politic and15
corporate which shall be known as the Mayfair Park/Park East/Heights Crime16
Prevention and Improvement District, referred to in this Section as the "district".17
The district shall be a political subdivision of the state as defined in the Constitution18
of Louisiana.19 HLS 12RS-4 ENGROSSED
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B. Boundaries. The boundaries of the district shall be coterminous with the1
boundaries of the Mayfair Park, Mayfair Park East, and Mayfair Heights2
subdivisions in East Baton Rouge Parish as established in the official subdivision3
plat filed with the clerk of court of East Baton Rouge Parish.4
C. Purpose. The purpose of the district shall be to aid in crime prevention5
and to add to the security of district residents by providing for an increase in the6
presence of law enforcement personnel in the district.7
D. Governance. (1) The district shall be governed by a board of8
commissioners, referred to in this Section as the "board", consisting of seven9
members as follows:10
(a) The presidents of the Mayfair Park, Mayfair Park East, and Mayfair11
Heights homeowners associations shall serve as ex officio members.12
(b) The member of the Louisiana House of Representatives whose district13
encompasses all or the greater portion of the area of the district shall appoint one14
member.15
(c) The member of the Louisiana Senate whose district encompasses all or16
the greater portion of the area of the district shall appoint one member.17
(d) The mayor-president for the city of Baton Rouge, parish of East Baton18
Rouge, shall appoint one member.19
(e) The member of the governing authority of East Baton Rouge Parish20
whose district encompasses all or the greater portion of the area of the district shall21
appoint one member.22
(2) All members of the board shall own immovable property within the23
district.24
(3)(a) Each member serving pursuant to Subparagraph (1)(a) of this25
Subsection shall serve during his term of office as president.26
(b) The terms of the members appointed pursuant to Subparagraphs (1)(b)27
through (e) of this Subsection shall be concurrent with those of the respective28
appointing authority.29 HLS 12RS-4 ENGROSSED
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(4) Vacancies resulting from the expiration of a term or any other reason1
shall be filled for the remainder of the unexpired term in the manner of the original2
appointment. Members are eligible for reappointment.3
(5) The members of the board shall select from among themselves a4
president and such other officers as they deem appropriate. The responsibilities of5
the officers shall be as provided by the bylaws of the board.6
(6) The members of the board shall serve without compensation and shall not7
receive reimbursement for expenses.8
E. Powers and duties. The district, acting through its board of9
commissioners, shall have the following powers and duties:10
(1) To sue and be sued.11
(2) To adopt, use, and alter at will a corporate seal.12
(3) To receive and expend funds collected pursuant to Subsection F of this13
Section and in accordance with a budget adopted as provided by Subsection G of this14
Section.15
(4) To enter into contracts with individuals or entities, private or public, for16
the provision of security patrols in the district.17
(5) To purchase items and supplies which the board deems instrumental to18
achieving the purpose of the district.19
(6) To perform or have performed any other function or activity necessary20
for the achievement of the purpose of the district.21
F. Parcel fee. The governing authority of East Baton Rouge Parish may22
impose and collect a parcel fee within the district subject to and in accordance with23
the provisions of this Subsection:24
(1) The amount of the fee shall be as requested by duly adopted resolution25
of the board. The fee, however, shall not exceed one hundred forty-four dollars per26
parcel per year.27
(2)(a) The fee shall be imposed on each improved parcel located within the28
district.29 HLS 12RS-4 ENGROSSED
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(b) For purposes of this Section, "parcel" means a lot, a subdivided portion1
of ground, or an individual tract, and does not mean a "condominium parcel" as2
defined in R.S. 9:1121.103. Thus, with respect to condominiums, the fee collector3
shall impose the parcel fee on each lot on which condominiums are situated and not4
on individual condominium units.5
(c) The owner of the parcel shall be responsible for payment of the fee. The6
tax collector shall submit the bill for a parcel fee which is to be collected from7
condominium owners to the condominium owners association and the association8
shall pay the fee from funds available for that purpose. The association shall remain9
liable for the entire fee until it is paid.10
(3)(a) The fee shall be imposed only after the question of its imposition has11
been approved by a majority of the registered voters of the district voting on the12
proposition at an election held for that purpose in accordance with the Louisiana13
Election Code. At least thirty days prior to any election held to approve imposition14
of a parcel fee, the board shall mail notification of the upcoming election to each15
registered voter of the district and to each owner of a parcel in the district who is not16
a registered voter of the district. No other election shall be required except as17
provided by this Paragraph.18
(b) The initial election on the question of the imposition of the fee shall be19
held at the same time as a regularly scheduled election in the parish of East Baton20
Rouge.21
(c) The fee shall expire five years from its initial levy but may be renewed22
as provided in Subparagraph (a) of this Paragraph. If the fee is renewed, the term of23
the imposition of the fee shall be as provided in the proposition authorizing such24
renewal, not to exceed five years.25
(4) The fee shall be collected at the same time and in the same manner as ad26
valorem taxes are collected by the sheriff, as ex officio tax collector, of East Baton27
Rouge Parish. The sheriff shall collect and remit to the district all amounts collected28 HLS 12RS-4 ENGROSSED
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not more than sixty days after collection. He shall retain the same commissions as1
he receives for the collection of ad valorem taxes.2
(5) Any parcel fee shall be added to the tax rolls of the parish and shall be3
enforced with the same authority and subject to the same penalties and procedures4
as ad valorem taxes.5
G. Budget. (1) The board shall adopt an annual budget in accordance with6
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.7
(2) The district shall be subject to audit by the legislative auditor pursuant8
to R.S. 24:513.9
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section10
that the additional law enforcement personnel and services provided by the district11
shall be supplemental to and not in lieu of personnel and services provided in the12
district by the city of Baton Rouge and parish of East Baton Rouge.13
(2) If the district ceases to exist, any funds of the district shall be transmitted14
to the governing authority of East Baton Rouge Parish and shall be used for law15
enforcement purposes in the area included within the district.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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)]
Foil HB No. 253
Abstract: Creates the Mayfair Park/Park East/Heights Crime Prevention and Improvement
District in East Baton Rouge Parish. Provides for a board of commissioners and for
the imposition and use of a parcel fee.
Proposed law creates the Mayfair Park/Park East/Heights Crime Prevention and
Improvement District in East Baton Rouge Parish as a political subdivision of the state for
the purpose of aiding in crime prevention and adding to the security of district residents. HLS 12RS-4 ENGROSSED
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Provides for district boundaries and that the district shall be governed by a board of seven
commissioners, all of whom shall own immovable property in the district, composed as
follows:
(1)The presidents of the Mayfair Park, Mayfair Park East, and Mayfair Heights
homeowners associations shall serve as ex officio members.
(2)The member of the La. House of Representatives whose district encompasses all or
the greater portion of the area of the district shall appoint one member.
(3)The member of the La. Senate whose district encompasses all or the greater portion
of the area of the district shall appoint one member.
(4)The mayor-president shall appoint one member.
(5)The member of the governing authority of East Baton Rouge Parish whose district
encompasses all or the greater portion of the area of the district shall appoint one
member.
Proposed law provides that the presidents of the homeowners associations shall serve during
their respective terms of office as president and those appointed to the board shall serve
terms concurrent with those of their respective appointing authority. Provides that vacancies
shall be filled in the same manner as the original appointment and that members shall serve
without compensation.
Proposed law authorizes the board to select from its members a president and other officers
whose duties shall be fixed by the board's bylaws. Provides that the district shall have these
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, for the
provision of security patrols.
(5)To purchase items and supplies instrumental to achieving the district's purpose.
(6)To perform or have performed any other function or activity necessary for achieving
the district's purpose.
Proposed law authorizes the governing authority of East Baton Rouge Parish to impose and
collect a parcel fee within the district the amount of which shall be as requested by duly
adopted board resolution. Provides that the fee shall be a flat fee per parcel of improved land
not to exceed $144 per year. Provides that the fee is subject to voter approval. Provides that
no other election shall be required except as provided by proposed law. Provides that the
fee shall expire five years after its initial levy, but may be renewed, and that if renewed, the
term of the imposition of the fee shall be as provided in the proposition authorizing renewal,
not to exceed five years.
Proposed law requires that the fee be collected in the same manner and at the same time as
ad valorem taxes are collected. Provides that any fee shall be added to the parish tax rolls
and enforced with the same authority and subject to the same penalties and procedures as ad
valorem taxes. Proposed law requires sheriff to remit to the district all amounts collected
not more than 60 days after collection. HLS 12RS-4 ENGROSSED
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Proposed law requires the board of commissioners to adopt an annual budget in accordance
with the Local Government Budget Act and provides that the district shall be subject to audit
by the legislative auditor.
Proposed law provides that it is the purpose and intent of proposed law that the additional
law enforcement personnel and their services provided for through the fees authorized by
proposed law shall be supplemental to and not in lieu of personnel and services provided in
the district by the city and parish. Proposed law provides that if the district ceases to exist,
district funds shall be transmitted to the governing authority of East Baton Rouge Parish and
requires that such funds be used for law enforcement purposes in the area included within
the district.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:9097.13)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Relative to the collection of the parcel fee, requires that all fees, rather than
unpaid fees, be added to the tax rolls of the parish. Requires that the collection
of the fee be enforced in the same manner and subject to the same penalties as
all ad valorem taxes, rather than as unpaid ad valorem taxes.
2. Removes proposed law that provides that the district's budget and all
amendments shall be subject to the approval of the governing authority of East
Baton Rouge Parish.