Louisiana 2012 2012 Regular Session

Louisiana House Bill HB684 Engrossed / Bill

                    HLS 12RS-552	ENGROSSED
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are additions.
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)(c), relative to Crowville Fire District2
#1; to provide relative to a service charge on structures imposed by the district; and3
to provide for related matters.4
Notice of intention to introduce this Act has been published5
as provided by Article III, Section 13 of the Constitution of6
Louisiana.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1502.4(A) and (C)(2)(c) are hereby amended and reenacted to9
read as follows:10
ยง1502.4. Service charge authorized for Madison Parish, Caldwell Parish, and11
Franklin Parish12
A.(1) The governing authority of any fire protection district situated wholly13
within the geographical boundaries of Madison Parish, the governing authority of14
any fire protection district situated wholly within Caldwell Parish, and the governing15
authority of any fire protection district situated wholly within Franklin Parish are16
hereby authorized to establish, by majority vote of the members of the authority, a17
service charge or rates of service charges to be assessed persons owning each18
residential or commercial structure, whether occupied or unoccupied, located wholly19
or partly within the boundaries of the fire protection district, subject to the provisions20
of Subsection B of this Section.  For purposes of this Section, each residential or21 HLS 12RS-552	ENGROSSED
HB NO. 684
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commercial unit and each housing unit within a multiple dwelling structure shall be1
considered a separate structure, and a mobile home, as defined in R.S. 9:1149.2(3),2
shall be considered a structure. Such service charges or rates of service charges shall3
be equal for all structures, except that mobile homes shall be charged eighty percent4
of the service charge, and shall be framed so as to cover and shall be used for the5
costs of any or all fire protection services. The fire protection district shall provide6
a receipt to each property owner paying the service charge.7
(2)  The requirement in Paragraph (1) of this Subsection that mobile homes8
be charged eighty percent of the service charge is not applicable to Crowville Fire9
District #1.10
*          *          *11
C.12
*          *          *13
(2)14
*          *          *15
(c) In addition, the governing authority of the district shall be entitled to16
recover the amount of said charges, together with all costs of court and attorney fees,17
by ordinary process in the Sixth Judicial District for Madison Parish, the Thirty-18
Seventh Judicial District for Caldwell Parish, and the Sixth Fifth Judicial District for19
Franklin Parish. Said governing authority may also provide, by resolution, for20
interest on the amount of said charges, which shall be paid prior to cancellation of21
the lien. The rate of interest charged shall not exceed the rate of legal interest, as22
provided in R.S. 9:3500, and shall be computed from the date of recordation of the23
lien until paid.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana.  If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 12RS-552	ENGROSSED
HB NO. 684
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 does 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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1502.4(A) and (C)(2)(c))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Removes proposed law that authorizes an exception from present law for the
Crowville Fire District #1 regarding notification to property owners prior to the
placement of liens for unpaid fire protection service charges.