HLS 12RS-552 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 684
BY REPRESENTATIVE PYLANT
DISTRICTS/FIRE PROTECT: Provides with respect to service charges imposed by fire
protection districts in Franklin Parish
AN ACT1
To amend and reenact R.S. 40:1502.4(A) and (C)(2)(a) and (c), relative to Crowville Fire2
District #1; to provide relative to a service charge on structures imposed by the3
district; to provide relative to liens for unpaid service charges; and to provide for4
related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:1502.4(A) and (C)(2)(a) and (c) are hereby amended and10
reenacted to read as follows:11
ยง1502.4. Service charge authorized for Madison Parish, Caldwell Parish, and12
Franklin Parish13
A.(1) The governing authority of any fire protection district situated wholly14
within the geographical boundaries of Madison Parish, the governing authority of15
any fire protection district situated wholly within Caldwell Parish, and the governing16
authority of any fire protection district situated wholly within Franklin Parish are17
hereby authorized to establish, by majority vote of the members of the authority, a18
service charge or rates of service charges to be assessed persons owning each19
residential or commercial structure, whether occupied or unoccupied, located wholly20
or partly within the boundaries of the fire protection district, subject to the provisions21 HLS 12RS-552 ORIGINAL
HB NO. 684
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of Subsection B of this Section. For purposes of this Section, each residential or1
commercial unit and each housing unit within a multiple dwelling structure shall be2
considered a separate structure, and a mobile home, as defined in R.S. 9:1149.2(3),3
shall be considered a structure. Such service charges or rates of service charges shall4
be equal for all structures, except that mobile homes shall be charged eighty percent5
of the service charge, and shall be framed so as to cover and shall be used for the6
costs of any or all fire protection services. The fire protection district shall provide7
a receipt to each property owner paying the service charge.8
(2) The requirement in Paragraph (1) of this Subsection that mobile homes9
be charged eighty percent of the service charge is not applicable to Crowville Fire10
District #1.11
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C.13
* * *14
(2)(a)(i) The governing authority of any such district shall also have the15
authority to place liens for fire protection service charges upon the structure subject16
to the charge, upon the building, if any, in which the structure is located if it is17
owned by the owner of the structure, and upon the lot of ground not exceeding one18
acre on which the structure is situated if such lot of ground belongs to the person19
who owns such structure; however, if such structure or building is owned by a lessee20
of the lot of ground, the lien shall exist only against the lease and shall not affect the21
owner of the lot. Such lien shall be placed upon property only in the event of the22
refusal of the owner of a structure to pay said service charges when requested to do23
so by said governing authority within thirty days of receipt by the owner of such a24
request by registered or certified letter.25
(ii) Crowville Fire District #1 may place a lien on property pursuant to Item26
(i) of this Subparagraph if the property owner fails to pay the service charge within27
thirty days after receipt of any written request to pay.28
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HB NO. 684
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(c) In addition, the governing authority of the district shall be entitled to1
recover the amount of said charges, together with all costs of court and attorney fees,2
by ordinary process in the Sixth Judicial District for Madison Parish, the Thirty-3
Seventh Judicial District for Caldwell Parish, and the Sixth Fifth Judicial District for4
Franklin Parish. Said governing authority may also provide, by resolution, for5
interest on the amount of said charges, which shall be paid prior to cancellation of6
the lien. The rate of interest charged shall not exceed the rate of legal interest, as7
provided in R.S. 9:3500, and shall be computed from the date of recordation of the8
lien until paid.9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
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)]
Pylant HB No. 684
Abstract: Relative to service charges on structures established by fire protection districts,
provides that a requirement that the charge on a mobile home be 80% of the normal
charge and a provision regarding notice prior to placement of liens for unpaid
charges do not apply to Crowville Fire District #1 in Franklin Parish.
Present law authorizes the governing authority of any fire protection district situated in
Franklin Parish, subject to voter approval, to establish a service charge or rates of service
charges on each residential or commercial structure located wholly or partly within the
boundaries of the fire protection district. Provides that each residential or commercial unit
and each housing unit within a multiple dwelling structure shall be considered a separate
structure and that a mobile home is considered a structure. Provides that service charges
shall be framed so as to cover and shall be used for the costs of fire protection services.
Proposed law retains present law.
Present law provides that service charges shall be equal for all structures except that mobile
homes shall be charged 80% of the service charge. Proposed law provides that present law
relative to charging 80% of the charge on mobile homes does not apply to Crowville Fire
District #1.
Present law authorizes fire protection districts to place liens for unpaid fire protection service
charges. Such lien shall be placed only if the owner refuses to pay the service charge within HLS 12RS-552 ORIGINAL
HB NO. 684
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30 days of receipt of a request by registered or certified letter. Proposed law, relative to
Crowville Fire District #1, provides that such a lien can be placed after any written request
for payment.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1502.4(A) and (C)(2)(a) and (c))