Louisiana 2012 2012 Regular Session

Louisiana House Bill HB480 Chaptered / Bill

                    ENROLLED
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ACT No. 584
Regular Session, 2012
HOUSE BILL NO. 480
BY REPRESENTATIVE BARROW
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
sides) to its intersection with Mickens Road, then southeast along the west side of21
Mickens Road to its intersection with Lanier Drive, then south along the west side22
of Lanier Drive to its intersection with Greenwell Street, then west along the north23
side of Greenwell Street to the point of beginning.24 ENROLLEDHB NO. 480
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C. Purpose.  The purposes of the district shall be to aid in crime prevention1
by providing security for district residents and to serve the needs of the residents of2
the district by funding beautification and improvements for the overall betterment3
of the district.4
D. Governance.  (1) The district shall be governed by a board of5
commissioners, referred to in this Section as the "board", consisting of members as6
follows:7
(a) Two members shall be appointed by the state representative for House8
District Number 29.9
(b) Two members shall be appointed by the state senator for Senate District10
Number 15.11
(c) One member shall be appointed by the member or members of the12
governing authority of the parish of East Baton Rouge who represent the district.13
(2)  All members of the board shall be residents and qualified voters within14
the district.15
(3) Members of the board shall serve four-year terms after initial terms as16
follows: two members shall serve an initial term of one year; one member shall17
serve two years; one member shall serve three years; and one member shall serve18
four years, as determined by lot at the first meeting of the board.19
(4) Vacancies resulting from the expiration of a term or any other reason20
shall be filled for the remainder of the unexpired term in the manner of the original21
appointment.  Members are eligible for reappointment.22
(5) The members of the board shall select from among themselves a23
president and such other officers as they deem appropriate.  The responsibilities of24
the officers shall be as provided by the bylaws of the board.25
(6) The members of the board shall serve without compensation and shall not26
receive reimbursement for expenses.27
E. Powers and duties.  The district, acting through its board of28
commissioners, shall have the following powers and duties:29
(1)  To sue and be sued.30 ENROLLEDHB NO. 480
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(2)  To adopt, use, and alter at will a corporate seal.1
(3)  To receive and expend funds collected pursuant to Subsection F of this2
Section and in accordance with a budget adopted as provided by Subsection G of this3
Section.4
(4) To enter into contracts with individuals or entities, private or public, for5
the provision of security patrols in the district.6
(5)  To purchase items and supplies which the board deems instrumental to7
achieving the purpose of the district.8
(6) To perform or have performed any other function or activity necessary9
for the achievement of the purpose of the district.10
F. Parcel fee.  The governing authority of East Baton Rouge Parish may11
impose and collect a parcel fee within the district subject to and in accordance with12
the provisions of this Subsection:13
(1)  The amount of the fee shall be as requested by duly adopted resolution14
of the board. The fee, however, shall not exceed one hundred dollars per parcel per15
year for lots zoned for residential use and five hundred dollars per year for lots zoned16
for commercial use.17
(2)(a) The fee shall be imposed on each improved parcel located within the18
district.19
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion20
of ground, or an individual tract and does not mean a "condominium parcel" as21
defined in R.S. 9:1121.103.  Thus, with respect to condominiums, the fee collector22
shall impose the parcel fee on each lot on which condominiums are situated and not23
on individual condominium units.24
(c)  The owner of the parcel shall be responsible for payment of the fee.25
(3)(a) The fee shall be imposed only after the question of its imposition has26
been approved by a majority of the registered voters of the district voting at an27
election held for that purpose in accordance with the Louisiana Election Code.  At28
least thirty days prior to any election held to approve imposition of a parcel fee, the29
board shall mail notification of the upcoming election to each registered voter of the30 ENROLLEDHB NO. 480
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district and to the owner of each parcel if the owner is not a registered voter of the1
district.  No other election shall be required except as provided by this Paragraph.2
(b)  The initial election on the question of the imposition of the fee shall be3
held at the same time as a regularly scheduled election in the parish of East Baton4
Rouge.5
(c) The fee shall expire eight years from its initial levy but may be renewed6
as provided in Subparagraph (a) of this Paragraph. If the fee is renewed, the term of7
the imposition of the fee shall be as provided in the proposition authorizing such8
renewal, not to exceed eight years.9
(4) The fee shall be collected at the same time and in the same manner as ad10
valorem taxes are collected within the parish.11
(5) Any parcel fee shall be added to the tax rolls of the parish and shall be12
enforced with the same authority and subject to the same penalties and procedures13
as ad valorem taxes.14
(6) The sheriff of the parish of East Baton Rouge shall remit to the district15
all amounts collected not more than sixty days after collection; however, the board16
may enter into an agreement with the sheriff to authorize the sheriff to retain a17
collection fee.18
G. Budget.  (1)  The board of commissioners shall adopt an annual budget19
in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et20
seq.21
(2) The district shall be subject to audit by the legislative auditor pursuant22
to R.S. 24:513.23
H. Miscellaneous provisions.  (1)  It is the purpose and intent of this Section24
that the additional law enforcement personnel and services provided by the district25
shall be supplemental to and not in lieu of personnel and services provided in the26
district by the city of Baton Rouge and parish of East Baton Rouge.27
(2) If the district ceases to exist, any funds of the district shall be transmitted28
to the governing authority of the city of Baton Rouge and parish of East Baton29 ENROLLEDHB NO. 480
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Rouge and shall be used for law enforcement purposes in the area included within1
the district.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: