HLS 12RS-628 ENGROSSED
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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 Greenwell Street and Silverleaf Avenue,19
north along Silverleaf Avenue (both sides) then east along Silverleaf Avenue (both20 HLS 12RS-628 ENGROSSED
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sides) to its intersection with Mickens Road, then southeast along the west side of1
Mickens Road to its intersection with Lanier Drive, then south along the west side2
of Lanier Drive to its intersection with Greenwell Street, then west along the north3
side of Greenwell Street to the point of beginning.4
C. Purpose. The purposes of the district shall be to aid in crime prevention5
by providing security for district residents and to serve the needs of the residents of6
the district by funding beautification and improvements for the overall betterment7
of the district.8
D. Governance. (1) The district shall be governed by a board of9
commissioners, referred to in this Section as the "board", consisting of members as10
follows:11
(a) Two members shall be appointed by the state representative for House12
District Number 29.13
(b) Two members shall be appointed by the state senator for Senate District14
Number 15.15
(c) One member shall be appointed by the member or members of the16
governing authority of the parish of East Baton Rouge who represent the district.17
(2) All members of the board shall be residents and qualified voters within18
the district.19
(3) Members of the board shall serve four-year terms after initial terms as20
follows: two members shall serve an initial term of one year; one member shall21
serve two years; one member shall serve three years; and one member shall serve22
four years, as determined by lot at the first meeting of the board.23
(4) Vacancies resulting from the expiration of a term or any other reason24
shall be filled for the remainder of the unexpired term in the manner of the original25
appointment. Members are eligible for reappointment.26
(5) The members of the board shall select from among themselves a27
president and such other officers as they deem appropriate. The responsibilities of28
the officers shall be as provided by the bylaws of the board.29 HLS 12RS-628 ENGROSSED
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(6) The members of the board shall serve without compensation and shall not1
receive reimbursement for expenses.2
E. Powers and duties. The district, acting through its board of3
commissioners, shall have the following powers and duties:4
(1) To sue and be sued.5
(2) To adopt, use, and alter at will a corporate seal.6
(3) To receive and expend funds collected pursuant to Subsection F of this7
Section and in accordance with a budget adopted as provided by Subsection G of this8
Section.9
(4) To enter into contracts with individuals or entities, private or public, for10
the provision of security patrols in the district.11
(5) To purchase items and supplies which the board deems instrumental to12
achieving the purpose of the district.13
(6) To perform or have performed any other function or activity necessary14
for the achievement of the purpose of the district.15
F. Parcel fee. The governing authority of East Baton Rouge Parish may16
impose and collect a parcel fee within the district subject to and in accordance with17
the provisions of this Subsection:18
(1) The amount of the fee shall be as requested by duly adopted resolution19
of the board. The fee, however, shall not exceed one hundred dollars per parcel per20
year for lots zoned for residential use and five hundred dollars per year for lots zoned21
for commercial use.22
(2)(a) The fee shall be imposed on each improved parcel located within the23
district.24
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion25
of ground, or an individual tract and does not mean a "condominium parcel" as26
defined in R.S. 9:1121.103. Thus, with respect to condominiums, the fee collector27
shall impose the parcel fee on each lot on which condominiums are situated and not28
on individual condominium units.29 HLS 12RS-628 ENGROSSED
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(c) The owner of the parcel shall be responsible for payment of the fee.1
(3)(a) The fee shall be imposed only after the question of its imposition has2
been approved by a majority of the registered voters of the district voting at an3
election held for that purpose in accordance with the Louisiana Election Code. At4
least thirty days prior to any election held to approve imposition of a parcel fee, the5
board shall mail notification of the upcoming election to each registered voter of the6
district and to the owner of each parcel if the owner is not a registered voter of the7
district. No other election shall be required except as provided by this Paragraph.8
(b) The initial election on the question of the imposition of the fee shall be9
held at the same time as a regularly scheduled election in the parish of East Baton10
Rouge.11
(c) The fee shall expire eight years from its initial levy but may be renewed12
as provided in Subparagraph (a) of this Paragraph. If the fee is renewed, the term of13
the imposition of the fee shall be as provided in the proposition authorizing such14
renewal, not to exceed eight years.15
(4) The fee shall be collected at the same time and in the same manner as ad16
valorem taxes are collected within the parish.17
(5) Any parcel fee shall be added to the tax rolls of the parish and shall be18
enforced with the same authority and subject to the same penalties and procedures19
as ad valorem taxes.20
(6) The sheriff of the parish of East Baton Rouge shall remit to the district21
all amounts collected not more than sixty days after collection; however, the board22
may enter into an agreement with the sheriff to authorize the sheriff to retain a23
collection fee.24
G. Budget. (1) The board of commissioners shall adopt an annual budget25
in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et26
seq.27
(2) The district shall be subject to audit by the legislative auditor pursuant28
to R.S. 24:513.29 HLS 12RS-628 ENGROSSED
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H. Miscellaneous provisions. (1) It is the purpose and intent of this Section1
that the additional law enforcement personnel and services provided by the district2
shall be supplemental to and not in lieu of personnel and services provided in the3
district by the city of Baton Rouge and parish of East Baton Rouge.4
(2) If the district ceases to exist, any funds of the district shall be transmitted5
to the governing authority of the city of Baton Rouge and parish of East Baton6
Rouge and shall be used for law enforcement purposes in the area included within7
the district.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
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.
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. HLS 12RS-628 ENGROSSED
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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.
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 in the parish. Provides that any fee shall be added to the tax
rolls of the parish and shall be enforced with the same authority and subject to the same
penalties and procedures as ad valorem taxes.
Proposed law requires the sheriff to collect and remit to the district all amounts collected not
more than 60 days after collection. Authorizes the board to enter into an agreement with the
sheriff to authorize the sheriff to retain a collection fee. HLS 12RS-628 ENGROSSED
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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)
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. Relative to the collection of the parcel fee, clarifies that the fee shall be collected
at the same time and in the same manner as ad valorem taxes are collected in
East Baton Rouge Parish (EBR), rather than by EBR.
3. Relative to the collection of the parcel fee, requires that all fees, rather than
unpaid fees, be added to the tax rolls of the parish. Requires that the collection
of the fee be enforced in the same manner and subject to the same penalties as
all ad valorem taxes, rather than as unpaid ad valorem taxes.
4. Relative to the collection of the parcel fee, removes proposed law that authorizes
EBR to retain 1% of the amount collected as a collection fee. Adds a provision
that authorizes the district's governing board to enter into an agreement with the
sheriff to authorize the sheriff to retain a collection fee. Additionally requires the
sheriff, rather than EBR, to remit tax proceeds to the district.
5. Removes proposed law that provides that the district's budget and all
amendments shall be subject to the approval of the governing authority of EBR.