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ACT No. 187
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
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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
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(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
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(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
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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
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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: