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Regular Session, 2012
HOUSE BILL NO. 309
BY REPRESENTATIVE JAMES
DISTRICTS/CRIME PREVENT: Creates the Park Forest Crime Prevention and
Improvement District in East Baton Rouge Parish
AN ACT1
To enact R.S. 33:9097.13, relative to East Baton Rouge Parish; to create the Park Forest2
Crime Prevention and Improvement District in East Baton Rouge Parish; to provide3
relative to the boundaries, purpose, and governance of the district; to provide relative4
to the powers and duties of the district; to provide for the levy of a parcel fee within5
the district; and to 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. Park Forest Crime Prevention and Improvement District12
A. Creation. There is hereby created within the parish of East Baton Rouge,13
as more specifically provided in Subsection B of this Section, a body politic and14
corporate which shall be known as the Park Forest Crime Prevention and15
Improvement District, referred to in this Section as the "district". The district shall16
be a political subdivision of the state as defined in the Constitution of Louisiana.17
B. Boundaries. The district shall include the area within the following18
boundaries: beginning at the intersection of Monterey Boulevard and Greenwell19
Springs Road, south along Monterey Boulevard to its intersection with Great20 HLS 12RS-241 ENGROSSED
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Smokey Avenue, then east along Great Smokey Avenue (both sides) to its1
intersection with Jo Anne Drive, then north along Jo Anne Drive to its intersection2
with Big Bend Avenue, then east along Big Bend Avenue (both sides) to its3
intersection with North Sherwood Forest Drive, then north along North Sherwood4
Forest Drive to its intersection with Greenwell Springs Road, then west along5
Greenwell Springs Road to the point of beginning.6
C. The district is established for the primary object and purpose of promoting7
and encouraging the beautification, security, and overall betterment of the district.8
D. Board. (1) The district shall be governed by a board of commissioners,9
referred to in this Section as the "board", consisting of members as follows:10
(a) The president of the Park Forest Community Association or its successor.11
(b) The board of directors of the Park Forest Community Association or its12
successor shall appoint two members.13
(c) The member of the Louisiana House of Representatives whose district14
encompasses all or the greater portion of the area of the district shall appoint one15
member.16
(d) The member of the Louisiana Senate whose district encompasses all or17
the greater portion of the area of the district shall appoint one member.18
(e) Each member of the governing authority of East Baton Rouge Parish19
whose district encompasses a portion of the area included within the district shall20
appoint one member.21
(2) All members of the board shall be residents and qualified voters of the22
district.23
(3)(a) Members appointed pursuant to Subparagraphs (1)(b) through (e) of24
this Subsection shall serve three-year terms after initial terms as provided in25
Subparagraph (b) of this Paragraph.26 HLS 12RS-241 ENGROSSED
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(b) Two members shall serve an initial term of one year; two shall serve two1
years; and two shall serve three years as determined by lot at the first meeting of the2
board.3
(c) The president of the Park Forest Community Association shall serve4
during his term of office.5
(4) Any board member may be removed for cause by a majority vote of the6
board.7
(5) Vacancies shall be filled in the manner of the original appointment. A8
member shall be eligible for reappointment unless he was removed pursuant to9
Paragraph (4) of this Subsection.10
(6) All members of the board shall serve without compensation and shall not11
receive reimbursement for expenses.12
(7) The domicile of the board shall be within the district.13
(8) The board is authorized to adopt bylaws for its governance and conduct.14
(9) The members of the board shall select from among themselves a15
president and such other officers as they deem appropriate whose responsibilities16
shall be as provided by the bylaws of the board.17
(10) The board shall hold regular meetings as provided for in its bylaws and18
may hold special meetings at such times and places within the district as provided19
in the bylaws.20
(11) The board shall keep minutes of all meetings.21
(12) A majority of the board shall constitute a quorum for conducting22
business of the district.23
E. Powers and duties. The district, acting through its board of24
commissioners, shall have the following powers and duties:25
(1) To sue and be sued.26
(2) To adopt, use, and alter at will a corporate seal.27 HLS 12RS-241 ENGROSSED
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(3) To receive and expend funds collected pursuant to Subsection F of this1
Section and in accordance with a budget adopted as provided by Subsection G of this2
Section.3
(4) To enter into contracts with individuals or entities, private or public.4
(5) To purchase items and supplies necessary for achieving any purpose of5
the district.6
(6) To accept private grants and donations.7
(7) To procure and maintain liability insurance against any personal or legal8
liability of a board member that may be asserted or incurred based upon his service9
as a member of the board or that may arise as a result of his actions taken within the10
scope and discharge of his duties as a member of the board.11
(8) To perform or have performed any function or activity the board deems12
necessary to carry out the purposes of the district.13
F. Parcel fee. The governing authority of East Baton Rouge Parish may14
impose and collect a parcel fee within the district subject to and in accordance with15
the provisions of this Subsection:16
(1) The amount of the fee shall be as determined by duly adopted resolution17
of the board. The fee, however, shall not exceed one hundred dollars per parcel per18
year.19
(2) The fee shall be imposed on each parcel located within the district. The20
term "parcel" as used in this Subsection shall mean a developed lot upon which is21
situated a single-family residence.22
(3) The owner of the parcel shall be responsible for payment of the fee.23
(4)(a) The fee shall be imposed only after the question of its imposition has24
been approved by a majority of the registered voters of the district voting on the25
proposition at an election held for that purpose in accordance with the Louisiana26
Election Code.27
(b) Not less than five years after the approval of the imposition of the fee by28
the voters of the district, the board may increase the amount of the fee one time29 HLS 12RS-241 ENGROSSED
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without election. The amount of the fee shall be as provided in a duly adopted1
resolution of the board, not to exceed two hundred dollars per parcel per year.2
(c) The fee shall expire ten years after its initial levy but may be renewed if3
approved by a majority of the registered voters of the district voting on the4
proposition at an election as provided in Subparagraph (a) of this Paragraph. If the5
fee is renewed, the amount of the fee shall not exceed two hundred dollars per parcel6
per year. The term of the imposition of the fee shall be as provided in the7
proposition authorizing such renewal, not to exceed ten years.8
(5) The parish of East Baton Rouge shall collect the fee at the same time and9
in the same manner as ad valorem taxes are collected.10
(6) The parish of East Baton Rouge shall remit to the district all amounts11
collected not more than sixty days after collection; however, the board may enter into12
an agreement with the parish to authorize the parish to retain, as a collection fee, not13
more than one percent of the amount collected.14
(7) Any parcel fee which is unpaid shall be added to the tax rolls of the15
parish and shall be enforced with the same authority and subject to the same16
penalties and procedures as unpaid ad valorem taxes.17
G. Budget. (1) The board of commissioners shall adopt an annual budget18
in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et19
seq.20
(2) The district shall be subject to audit by the legislative auditor pursuant21
to R.S. 24:513.22
H. Miscellaneous provision. (1) It is the purpose and intent of this Section23
that the additional law enforcement personnel and services provided by the district24
shall be supplemental to and not in lieu of personnel and services provided in the25
district by the city of Baton Rouge and East Baton Rouge Parish.26
(2) If the district ceases to exist:27
(a) All funds of the district shall be transmitted by the board to the governing28
authority of Baton Rouge within thirty days of dissolution. Such transmitted funds,29 HLS 12RS-241 ENGROSSED
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together with any other funds collected by the parish of East Baton Rouge pursuant1
to this Section, shall be maintained in a separate account by the city and shall be used2
only to promote, encourage, and enhance the security, beautification, and overall3
betterment of the area formerly comprising the district.4
(b) The authority for the imposition of the parcel fee provided in this Section5
shall cease.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
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)]
James HB No. 309
Abstract: Creates the Park Forest Crime Prevention and Improvement District in East
Baton Rouge Parish for the enhancement of security within the district and for the
beautification and improvement of the district.
Proposed law creates the Park Forest Crime Prevention and Improvement District in East
Baton Rouge Parish for the enhancement of security within the district and for the
beautification and improvement of the district. Provides for district boundaries.
Proposed law provides that the district is governed by a board of commissioners composed
as follows:
(1)The president of the Park Forest Community Association (association).
(2)Two members appointed by the board of directors of the association.
(3)One member appointed by the member of the La. House of Representatives whose
district encompasses all or the greater portion of the area of the district.
(4)One member appointed by the member of the La. Senate whose district encompasses
all or the greater portion of the area of the district.
(5)One member appointed by each member of the governing authority of East Baton
Rouge Parish whose district encompasses a portion of the area included within the
district; currently, there are two such members.
Proposed law provides that appointed members serve staggered three-year terms. Provides
that the president of the association shall serve during his term of office. Further provides HLS 12RS-241 ENGROSSED
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that members shall serve without compensation and must be residents and qualified voters
of the district.
Proposed law provides for the board to establish bylaws for its own governance and to
provide for the selection of a president and other such officers as the board feels necessary.
Further provides that a majority of the board shall constitute a quorum for the conducting
of board business.
Proposed law establishes the powers of the district which include:
(1)To receive and expend funds collected pursuant to proposed law in accordance with
a budget adopted pursuant to proposed law.
(2)To enter into contracts.
(3)To purchase items and supplies necessary for achieving any purpose of the district.
(4)To accept private grants and donations.
(5)To purchase and maintain liability insurance for board members for actions taken in
the course of their duties on the board.
(6)To perform or have performed any other function or activity necessary to achieve the
purposes of the district.
Proposed law authorizes the governing authority of East Baton Rouge Parish, subject to
voter approval, to collect a parcel fee within the district. Further provides that the amount
of the fee shall be as provided by duly adopted resolution of the board, that the fee shall not
exceed $100, and shall only be imposed on lots containing single-family dwellings.
Proposed law authorizes the board, not less than five years after the approval of the
imposition of the fee, to increase the amount of the fee one time without election. Provides
that the amount of the fee shall be as provided in a duly adopted resolution of the board and
shall not exceed $200 per parcel per year.
Proposed law provides that the fee shall remain in effect for 10 years, but may be renewed
in the same manner as its imposition. Provides that if renewed, the amount of the fee shall
not exceed $200 per parcel per year and the term of the imposition of the fee shall not to
exceed 10 years. Further provides that the fee shall be collected at the same time and in the
same manner as ad valorem taxes, and that any unpaid parcel fees shall be added to the tax
rolls of the parish and enforced with the same authority and the same penalties as unpaid ad
valorem taxes.
Proposed law provides that the district shall adopt an annual budget in accordance with
present law and shall be subject to audit by the legislative auditor's office.
Proposed law provides that the intent of proposed law is to enhance the law enforcement
personnel and services provided by the city and not to be in lieu of such services. Further
provides that if the district ceases to exist, all of its funds shall be transmitted to the
governing authority of the city of Baton Rouge and shall be used to enhance security and
beautification in the area formerly comprising the district. Further provides that upon
dissolution of the district, the authority to levy the parcel fee provided for in proposed law
shall cease.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:9097.13) HLS 12RS-241 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Makes changes to the district's boundaries.
2. Authorizes the board to increase the amount of the parcel fee one time without
election not less than five years after the approval of its initial imposition.
3.Limits the maximum amount of the parcel fee, if renewed, to $200 per parcel per
year and limits the term of the imposition of the renewed fee to 10 years.