Louisiana 2012 2012 Regular Session

Louisiana House Bill HB480 Introduced / Bill

                    HLS 12RS-628	ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 480
BY REPRESENTATIVE BARROW
DISTRICTS/CRIME PREVENT: Creates the Glen Oaks 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 Glen Oaks2
Crime Prevention and Improvement District within the parish; to provide relative to3
the purpose, boundaries, governance, and powers and duties of the district; to4
provide for the imposition of a parcel fee and for the use thereof; and to provide for5
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.  Glen Oaks 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 Glen Oaks 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 Airline Highway and Plank Road,19
southeast along Airline Highway to its intersection with Greenwell Street, then east20 HLS 12RS-628	ORIGINAL
HB NO. 480
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along Greenwell Street to its intersection with Lanier Drive, then north along Lanier1
Drive to its intersection with Maplewood Avenue, then east along Maplewood2
Avenue to its intersection with Wright Drive, then north along Wright Drive to its3
intersection with Oak Apple Avenue, then west along Oak Apple Avenue to its4
intersection with Lanier Drive, then north along Lanier Drive to its intersection with5
Mickens Road, then northwest along Mickens Road to its intersection with Hooper6
Road, then west along Hooper Road to its intersection with Plank Road, then7
southwest along Plank Road to the point of beginning. The district shall also include8
all lots that front on Wright Drive, Maplewood Avenue, Richmar Avenue, and Oak9
Apple Avenue, whether or not the lot lies within the boundaries otherwise described10
in this Subsection.11
C. Purpose.  The purposes of the district shall be to aid in crime prevention12
by providing security for district residents and to serve the needs of the residents of13
the district by funding beautification and improvements for the overall betterment14
of the district.15
D. Governance.  (1)  The district shall be governed by a board of16
commissioners, referred to in this Section as the "board", consisting of members as17
follows:18
(a)  Two members shall be appointed by the state representative for House19
District Number 29.20
(b) Two members shall be appointed by the state senator for Senate District21
Number 15.22
(c) One member shall be appointed by the member or members of the23
governing authority of the parish of East Baton Rouge who represent the district.24
(2)  All members of the board shall be residents and qualified voters within25
the district.26
(3) Members of the board shall serve four-year terms after initial terms as27
follows: two members shall serve an initial term of one year; one member shall28 HLS 12RS-628	ORIGINAL
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serve two years; one member shall serve three years; and one member shall serve1
four years, as determined by lot at the first meeting of the board.2
(4) Vacancies resulting from the expiration of a term or any other reason3
shall be filled for the remainder of the unexpired term in the manner of the original4
appointment.  Members are eligible for reappointment.5
(5)  The members of the board shall select from among themselves a6
president and such other officers as they deem appropriate. The responsibilities of7
the officers shall be as provided by the bylaws of the board.8
(6) The members of the board shall serve without compensation and shall not9
receive reimbursement for expenses.10
E. Powers and duties.  The district, acting through its board of11
commissioners, shall have the following powers and duties:12
(1)  To sue and be sued.13
(2)  To adopt, use, and alter at will a corporate seal.14
(3)  To receive and expend funds collected pursuant to Subsection F of this15
Section and in accordance with a budget adopted as provided by Subsection G of this16
Section.17
(4) To enter into contracts with individuals or entities, private or public, for18
the provision of security patrols in the district.19
(5)  To purchase items and supplies which the board deems instrumental to20
achieving the purpose of the district.21
(6) To perform or have performed any other function or activity necessary22
for the achievement of the purpose of the district.23
F. Parcel fee.  The governing authority of East Baton Rouge Parish may24
impose and collect a parcel fee within the district subject to and in accordance with25
the provisions of this Subsection:26
(1) The amount of the fee shall be as requested by duly adopted resolution27
of the board. The fee, however, shall not exceed one hundred dollars per parcel per28 HLS 12RS-628	ORIGINAL
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year for lots zoned for residential use and five hundred dollars per year for lots zoned1
for commercial use.2
(2)(a) The fee shall be imposed on each improved parcel located within the3
district.4
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion5
of ground, or an individual tract and does not mean a "condominium parcel" as6
defined in R.S. 9:1121.103. Thus, with respect to condominiums, the fee collector7
shall impose the parcel fee on each lot on which condominiums are situated and not8
on individual condominium units.9
(c)  The owner of the parcel shall be responsible for payment of the fee.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 at an12
election held for that purpose in accordance with the Louisiana Election Code.  At13
least thirty days prior to any election held to approve imposition of a parcel fee, the14
board shall mail notification of the upcoming election to each registered voter of the15
district and to the owner of each parcel if the owner is not a registered voter of the16
district.  No other election shall be required except as provided by this Paragraph.17
(b)  The initial election on the question of the imposition of the fee shall be18
held at the same time as a regularly scheduled election in the parish of East Baton19
Rouge.20
(c) The fee shall expire eight years from its initial levy but may be renewed21
as provided in Subparagraph (3)(a) of this Subsection. If the fee is renewed, the term22
of the imposition of the fee shall be as provided in the proposition authorizing such23
renewal, not to exceed eight years.24
(4) The fee shall be collected at the same time and in the same manner as ad25
valorem taxes are collected by the parish.26
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the27
parish and shall be enforced with the same authority and subject to the same28
penalties and procedures as unpaid ad valorem taxes.29 HLS 12RS-628	ORIGINAL
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(6) The parish of East Baton Rouge shall remit to the district all amounts1
collected not more than sixty days after collection; however, the parish may retain2
one percent of the amount collected as a collection fee.3
G. Budget.  (1)  The board of commissioners shall adopt an annual budget4
in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et5
seq. The budget and all amendments shall be subject to the approval of the East6
Baton Rouge Metropolitan Council.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 the city of Baton Rouge and parish of East Baton15
Rouge and shall be used for law enforcement purposes in the area included within16
the district.17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
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)]
Barrow	HB No. 480
Abstract: Creates the Glen Oaks Crime Prevention and Improvement District in East Baton
Rouge Parish for the purposes of providing security for district residents and serving
the needs of district residents by funding beautification and improvements for the
overall betterment of the district.  Creates and provides for the district's board of
commissioners.  Provides for the imposition and use of a parcel fee. HLS 12RS-628	ORIGINAL
HB NO. 480
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are additions.
Proposed law creates the Glen Oaks Crime Prevention and Improvement District in East
Baton Rouge Parish for the purposes of providing security for district residents and serving
the needs of district residents by funding beautification and improvements for the overall
betterment of the district.  Provides for district boundaries.
Proposed law provides that the district is governed by a board of commissioners. Requires
each board member to be a resident and qualified voter in the district.  Provides that the
board shall be composed as follows:
(1)Two members appointed by the state representative for House District No. 29.
(2)Two members appointed by the state senator for Senate District No. 15.
(3)One member appointed by the member(s) of the governing authority of the parish of
East Baton Rouge who represent the district.
Proposed law provides that members serve staggered four-year terms.  Requires board
members to serve without compensation and provides that they shall not receive
reimbursement for expenses.
Proposed law provides that the district, acting through the board, shall have the following
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 in the district.
(5)To purchase items and supplies which the board deems instrumental to achieving the
purpose of the district.
(6)To perform or have performed any other function or activity necessary for the
achievement of the purpose of the district.
Proposed law authorizes the governing authority of East Baton Rouge Parish to impose and
collect a parcel fee within the district.  Provides that the amount of the fee shall be as
requested by the board. Further provides that the fee shall be a flat fee per improved parcel
not to exceed $100 per parcel per year for lots zoned for residential use and $500 per year
for lots zoned for commercial use. Requires that the fee be imposed on each improved
parcel located within the district.
Proposed law defines a parcel as a lot, a subdivided portion of ground, or an individual tract.
Provides that a parcel does not mean a condominium parcel as defined in present law (R.S.
9:1121.103). Provides that with respect to condominiums, the fee collector shall impose the
parcel fee on each lot on which condominiums are situated and not on individual
condominium units.
Proposed law provides that the fee shall be imposed only after the question of its imposition
has been approved by a majority of the registered voters of the district voting on the
proposition at an election held for that purpose.  Provides that no other election shall be
required except as provided by 	proposed law. HLS 12RS-628	ORIGINAL
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Proposed law requires the board of commissioners, at least 30 days prior to any election held
to approve imposition of a parcel fee, to mail notification of the upcoming election to each
registered voter of the district, and the owner of a parcel if the owner is not a registered voter
of the district.
Proposed law requires the initial election on the question of the imposition to be held at the
same time as a regularly scheduled election in East Baton Rouge Parish.  Provides that the
fee shall expire eight years from its initial levy.  Authorizes renewal of such fee.
Proposed law requires that the fee be collected at the same time and in the same manner as
ad valorem taxes are collected. Further requires the parish to collect and remit to the district
all amounts collected not more than 60 days after collection. Provides that the parish may
retain a 1% collection fee.
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 services provided by the district shall be supplemental to and
not in lieu of personnel and services provided in the district by the city of Baton Rouge and
East Baton Rouge Parish.  Further provides that if the district ceases to exist, any funds of
the district shall be transmitted to the governing authority of the city of Baton Rouge and
parish of East Baton Rouge and shall 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)