ENROLLED Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 309 BY REPRESENTATIVE JAMES AND SENATOR BROOME 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 Monterrey Boulevard and Greenwell19 Springs Road, south along Monterrey Boulevard to its intersection with Great Smoky20 Avenue, then east along Great Smoky Avenue (both sides) to its intersection with Jo21 Anne Drive, then north along Jo Anne Drive (both sides) to its intersection with Big22 Bend Avenue, then east along Big Bend Avenue (both sides) to its intersection with23 ENROLLEDHB NO. 309 Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. North Sherwood Forest Drive, then north along North Sherwood Forest Drive to its1 intersection with Greenwell Springs Road, then southwest along Greenwell Springs2 Road to the point of beginning. The district shall also include all lots that front on3 Great Smoky Avenue whether or not the lot lies within the boundaries otherwise4 described in this Subsection.5 C. The district is established for the primary object and purpose of promoting6 and encouraging the beautification, security, and overall betterment of the district.7 D. Board. (1) The district shall be governed by a board of commissioners,8 referred to in this Section as the "board", consisting of members as follows:9 (a) The president of the Park Forest Community Association or its successor10 shall serve as a member.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 (b) Two members shall serve an initial term of one year; two shall serve two27 years; and two shall serve three years as determined by lot at the first meeting of the28 board.29 ENROLLEDHB NO. 309 Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (c) The president of the Park Forest Community Association shall serve1 during his term of office.2 (4) Any board member may be removed for cause by a majority vote of the3 board.4 (5) Vacancies shall be filled in the manner of the original appointment. A5 member shall be eligible for reappointment unless he was removed pursuant to6 Paragraph (4) of this Subsection.7 (6) All members of the board shall serve without compensation and shall not8 receive reimbursement for expenses.9 (7) The domicile of the board shall be within the district.10 (8) The board is authorized to adopt bylaws for its governance and conduct.11 (9) The members of the board shall select from among themselves a12 president and such other officers as they deem appropriate whose responsibilities13 shall be as provided by the bylaws of the board.14 (10) The board shall hold regular meetings as provided for in its bylaws and15 may hold special meetings at such times and places within the district as provided16 in the bylaws.17 (11) The board shall keep minutes of all meetings.18 (12) A majority of the board shall constitute a quorum for conducting19 business of the district.20 E. Powers and duties. The district, acting through its board of21 commissioners, shall have the following powers and duties:22 (1) To sue and be sued.23 (2) To adopt, use, and alter at will a corporate seal.24 (3) To receive and expend funds collected pursuant to Subsection F of this25 Section and in accordance with a budget adopted as provided by Subsection G of this26 Section.27 (4) To enter into contracts with individuals or entities, private or public.28 ENROLLEDHB NO. 309 Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (5) To purchase items and supplies necessary for achieving any purpose of1 the district.2 (6) To accept private grants and donations.3 (7) To procure and maintain liability insurance against any personal or legal4 liability of a board member that may be asserted or incurred based upon his service5 as a member of the board or that may arise as a result of his actions taken within the6 scope and discharge of his duties as a member of the board.7 (8) To perform or have performed any function or activity the board deems8 necessary to carry out the purposes of the district.9 F. Parcel fee. The governing authority of East Baton Rouge Parish may10 impose and collect a parcel fee within the district subject to and in accordance with11 the provisions of this Subsection:12 (1) The amount of the fee shall be as determined by duly adopted resolution13 of the board. The fee, however, shall not exceed one hundred dollars per parcel per14 year.15 (2) The fee shall be imposed on each parcel located within the district. The16 term "parcel" as used in this Subsection shall mean a developed lot upon which is17 situated a single-family residence.18 (3) The owner of the parcel shall be responsible for payment of the fee.19 (4)(a) The fee shall be imposed only after the question of its imposition has20 been approved by a majority of the registered voters of the district voting on the21 proposition at an election held for that purpose in accordance with the Louisiana22 Election Code.23 (b) Not less than five years after the approval of the imposition of the fee by24 the voters of the district, the board may increase the amount of the fee one time25 without election. The amount of the fee shall be as provided in a duly adopted26 resolution of the board, not to exceed two hundred dollars per parcel per year.27 (c) The fee shall expire ten years after its initial levy but may be renewed if28 approved by a majority of the registered voters of the district voting on the29 proposition at an election as provided in Subparagraph (a) of this Paragraph. If the30 ENROLLEDHB NO. 309 Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. fee is renewed, the amount of the fee shall not exceed two hundred dollars per parcel1 per year. The term of the imposition of the fee shall be as provided in the2 proposition authorizing such renewal, not to exceed ten years.3 (5) The sheriff of the parish of East Baton Rouge shall collect the fee at the4 same time and in the same manner as ad valorem taxes are collected.5 (6) The sheriff of the parish of East Baton Rouge shall remit to the district6 all amounts collected not more than sixty days after collection; however, the board7 may enter into an agreement with the sheriff to authorize the sheriff to retain a8 collection fee.9 (7) Any parcel fee shall be added to the tax rolls of the parish and shall be10 enforced with the same authority and subject to the same penalties and procedures11 as ad valorem taxes.12 G. Budget. (1) The board of commissioners shall adopt an annual budget13 in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et14 seq.15 (2) The district shall be subject to audit by the legislative auditor pursuant16 to R.S. 24:513.17 H. Miscellaneous provisions. (1) It is the purpose and intent of this Section18 that the additional law enforcement personnel and services provided by the district19 shall be supplemental to and not in lieu of personnel and services provided in the20 district by the city of Baton Rouge and East Baton Rouge Parish.21 (2) If the district ceases to exist:22 (a) All funds of the district shall be transmitted to the parish of East Baton23 Rouge and shall be used for law enforcement purposes in the area included within24 the district.25 (b) The authority for the imposition of the parcel fee provided in this Section26 shall cease.27 Section 2. This Act shall become effective upon signature by the governor or, if not28 signed by the governor, upon expiration of the time for bills to become law without signature29 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 ENROLLEDHB NO. 309 Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. vetoed by the governor and subsequently approved by the legislature, this Act shall become1 effective on the day following such approval.2 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: