ENROLLED
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Regular Session, 2012
HOUSE BILL NO. 253
BY REPRESENTATIVE FOIL AND SENATOR DORSEY-COLOMB
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
B. Boundaries. The boundaries of the district shall be coterminous with the20
boundaries of the Mayfair Park, Mayfair Park East, and Mayfair Heights21
subdivisions in East Baton Rouge Parish as established in the official subdivision22
plat filed with the clerk of court of East Baton Rouge Parish.23 ENROLLEDHB NO. 253
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C. Purpose. The purpose of the district shall be to aid in crime prevention1
and to add to the security of district residents by providing for an increase in the2
presence of law enforcement personnel in the district.3
D. Governance. (1) The district shall be governed by a board of4
commissioners, referred to in this Section as the "board", consisting of seven5
members as follows:6
(a) The presidents of the Mayfair Park, Mayfair Park East, and Mayfair7
Heights homeowners associations shall serve as ex officio members.8
(b) The member of the Louisiana House of Representatives whose district9
encompasses all or the greater portion of the area of the district shall appoint one10
member.11
(c) The member of the Louisiana Senate whose district encompasses all or12
the greater portion of the area of the district shall appoint one member.13
(d) The mayor-president for the city of Baton Rouge, parish of East Baton14
Rouge, shall appoint one member.15
(e) The member of the governing authority of East Baton Rouge Parish16
whose district encompasses all or the greater portion of the area of the district shall17
appoint one member.18
(2) All members of the board shall own immovable property within the19
district.20
(3)(a) Each member serving pursuant to Subparagraph (1)(a) of this21
Subsection shall serve during his term of office as president.22
(b) The terms of the members appointed pursuant to Subparagraphs (1)(b)23
through (e) of this Subsection shall be concurrent with those of the respective24
appointing authority.25
(4) Vacancies resulting from the expiration of a term or any other reason26
shall be filled for the remainder of the unexpired term in the manner of the original27
appointment. Members are eligible for reappointment.28 ENROLLEDHB NO. 253
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(5) The members of the board shall select from among themselves a1
president and such other officers as they deem appropriate. The responsibilities of2
the officers shall be as provided by the bylaws of the board.3
(6) The members of the board shall serve without compensation and shall not4
receive reimbursement for expenses.5
E. Powers and duties. The district, acting through its board of6
commissioners, shall have the following powers and duties:7
(1) To sue and be sued.8
(2) To adopt, use, and alter at will a corporate seal.9
(3) To receive and expend funds collected pursuant to Subsection F of this10
Section and in accordance with a budget adopted as provided by Subsection G of this11
Section.12
(4) To enter into contracts with individuals or entities, private or public, for13
the provision of security patrols in the district.14
(5) To purchase items and supplies which the board deems instrumental to15
achieving the purpose of the district.16
(6) To perform or have performed any other function or activity necessary17
for the achievement of the purpose of the district.18
F. Parcel fee. The governing authority of East Baton Rouge Parish may19
impose and collect a parcel fee within the district subject to and in accordance with20
the provisions of this Subsection:21
(1) The amount of the fee shall be as requested by duly adopted resolution22
of the board. The fee, however, shall not exceed one hundred forty-four dollars per23
parcel per year.24
(2)(a) The fee shall be imposed on each improved parcel located within the25
district; however, the fee shall not be imposed on a parcel if any of the owners of the26
parcel are persons sixty-five years of age or older.27
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion28
of ground, or an individual tract, and does not mean a "condominium parcel" as29
defined in R.S. 9:1121.103. Thus, with respect to condominiums, the fee collector30 ENROLLEDHB NO. 253
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shall impose the parcel fee on each lot on which condominiums are situated and not1
on individual condominium units.2
(c) The owner of the parcel shall be responsible for payment of the fee. The3
tax collector shall submit the bill for a parcel fee which is to be collected from4
condominium owners to the condominium owners association and the association5
shall pay the fee from funds available for that purpose. The association shall remain6
liable for the entire fee until it is paid.7
(3)(a) The fee shall be imposed only after the question of its imposition has8
been approved by a majority of the registered voters of the district voting on the9
proposition at an election held for that purpose in accordance with the Louisiana10
Election Code. At least thirty days prior to any election held to approve imposition11
of a parcel fee, the board shall mail notification of the upcoming election to each12
registered voter of the district and to each owner of a parcel in the district who is not13
a registered voter of the district. No other election shall be required except as14
provided by this Paragraph.15
(b) The initial election on the question of the imposition of the fee shall be16
held at the same time as a regularly scheduled election in the parish of East Baton17
Rouge.18
(c) The fee shall expire five years from its initial levy but may be renewed19
as provided in Subparagraph (a) of this Paragraph. If the fee is renewed, the term of20
the imposition of the fee shall be as provided in the proposition authorizing such21
renewal, not to exceed five years.22
(4) The fee shall be collected at the same time and in the same manner as ad23
valorem taxes are collected by the sheriff, as ex officio tax collector, of East Baton24
Rouge Parish. The sheriff shall collect and remit to the district all amounts collected25
not more than sixty days after collection. He shall retain the same commissions as26
he receives for the collection of ad valorem taxes.27
(5) Any parcel fee shall be added to the tax rolls of the parish and shall be28
enforced with the same authority and subject to the same penalties and procedures29
as ad valorem taxes.30 ENROLLEDHB NO. 253
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G. Budget. (1) The board shall adopt an annual budget in accordance with1
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.2
(2) The district shall be subject to audit by the legislative auditor pursuant3
to R.S. 24:513.4
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section5
that the additional law enforcement personnel and services provided by the district6
shall be supplemental to and not in lieu of personnel and services provided in the7
district by the city of Baton Rouge and parish of East Baton Rouge.8
(2) If the district ceases to exist, any funds of the district shall be transmitted9
to the governing authority of East Baton Rouge Parish and shall be used for law10
enforcement purposes in the area included within the district.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: