HLS 12RS-616 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 843
BY REPRESENTATIVE LORUSSO
DISTRICTS/CRIME PREVENT: Provides relative to the purpose, governance, and funding
of the Lake Vista Crime Prevention District in Orleans Parish
AN ACT1
To amend and reenact R.S. 33:9091.5, relative to Orleans Parish; to provide relative to the2
Lake Vista Crime Prevention District; to provide relative to the purpose and3
governance of the district; to provide relative to district funding; to change4
provisions relative to the levy of a parcel fee; and to provide for 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. 33:9091.5 is hereby amended and reenacted to read as follows: 10
ยง9091.5. Lake Vista Crime Prevention District11
A. Creation. There is hereby created within the parish of Orleans, as more12
specifically provided in Subsection B of this Section, a body politic and corporate13
which shall be known as the Lake Vista Crime Prevention District, referred to in this14
Section as the "district". The district shall be a political subdivision of the state as15
defined in the Constitution of Louisiana. The purpose of the district shall be to aid16
in crime prevention and to enhance the security of district residents by providing for17
an increase in the presence of law enforcement personnel in the district.18
B. Boundaries. The boundaries of the district shall be the center line of19
Robert E. Lee Boulevard, Marconi Drive, Beauregard Avenue, and Lakeshore Drive.20 HLS 12RS-616 ORIGINAL
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C. The purposes of the district shall be to aid in crime prevention and to1
enhance the security of district residents by providing for an increase in the presence2
of law enforcement personnel in the district and to serve the needs of the residents3
of the district by funding beautification and other activities and improvements for the4
overall betterment of the district.5
C. D. Governance. (1) The district shall be governed by a board of6
commissioners, referred to in this Section as the "board", consisting of seven7
members as follows:8
(a) The board of directors of the Lake Vista Property Owners Association9
shall appoint three members.10
(b) The member or members of the Louisiana House of Representatives who11
represent the area which comprises the district shall appoint one member.12
(c) The member or members of the Louisiana Senate who represent the area13
which comprises the district shall appoint one member.14
(d) The member or members of the governing authority of the city of New15
Orleans who represent the area which comprises the district shall appoint one16
member.17
(e) The assessor for the second municipal district parish of Orleans shall18
appoint one member.19
(2) All members of the board shall be residents of the district.20
(3)(a) Members shall serve four-year terms after initial terms as provided in21
Subparagraph (b) of this Paragraph.22
(b) One member shall serve an initial term of one year, two shall serve initial23
terms of two years, two shall serve initial terms of three years, and two shall serve24
initial terms of four years, as determined by lot at the first meeting of the board.25
Vacancies resulting from the expiration of a term or any other reason shall be filled26
in the manner of the original appointment. Members shall be eligible for27
reappointment.28 HLS 12RS-616 ORIGINAL
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(4) The members of the board shall select from among themselves a1
president and such other officers as they deem appropriate. The terms and2
responsibilities of officers shall be as provided by the bylaws of the board.3
(5) The members of the board shall serve without compensation and shall not4
receive reimbursement for expenses.5
D. E. Powers and duties. The district, acting through its board of6
commissioners, shall have the following powers and duties:7
(1) To sue and be sued.8
(2) To adopt, use, and alter at will a corporate seal.9
(3) To receive and expend funds collected pursuant to Subsection E of this10
Section and in accordance with a budget adopted as provided by Subsection F of this11
Section.12
(4) To enter into contracts with individuals or entities, private or public, for13
the provision of security patrols in the district.14
(5) To purchase items and supplies which the board deems instrumental to15
achieving the purpose of the district.16
(6) To perform or have performed any other function or activity necessary17
for the achievement of the purpose of the district.18
E. F. Parcel fee. The governing authority of the city of New Orleans is19
hereby authorized to impose and collect a parcel fee within the district subject to and20
in accordance with the provisions of this Subsection.21
(1) The fee shall be a flat fee per improved parcel of land and the amount of22
the fee shall be three hundred fifty dollars per year for each improved parcel, except23
that the fee shall be seven hundred dollars per year for each improved parcel with24
three or more family units The amount of the fee shall be as requested by duly25
adopted resolution of the board. The fee, which shall not exceed three hundred fifty26
dollars per parcel per year, shall be imposed on each improved or unimproved single27
and two family residential parcel and each multiple-dwelling or apartment parcel28 HLS 12RS-616 ORIGINAL
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located within the district. The owner of the parcel shall be responsible for payment1
of the fee.2
(2) The fee shall be imposed on each improved parcel located within the3
district. The owner of the parcel shall be responsible for payment of the fee For4
purposes of this Section a single and two family residential parcel is defined as a lot5
or lots on which only one main house is situated and has not more than two6
municipal addresses. A multiple-dwelling or apartment parcel is defined as each lot7
in any square that is reserved for multiple-dwelling or apartment use.8
(3)(a) The fee shall be imposed only after the question of its imposition has9
been approved by a majority of the registered voters of the district voting at an10
election held for that purpose in accordance with the Louisiana Election Code. No11
other election shall be required except as provided by this Paragraph.12
(b) The initial election on the question of the imposition of the fee shall be13
held at the same time as the 2002 congressional primary election, as provided in R.S.14
18:402(B)(1), is held a regularly scheduled election in the city of New Orleans.15
(c) The fee shall expire at the time provided in the proposition authorizing16
the fee, not to exceed eight four years from its initial imposition, but the fee may be17
renewed as provided in Subparagraph (a) of this Paragraph. Any election to18
authorize renewal of the fee shall be held only at the same time as the mayoral19
primary election at the same time as a regularly scheduled election in the city of New20
Orleans. If renewed, the term of the imposition of the fee shall be as provided in the21
proposition authorizing such renewal, not to exceed eight four years.22
(4) The fee shall be collected at the same time and in the same manner as ad23
valorem taxes are collected by the city.24
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city25
and shall be enforced with the same authority and subject to the same penalties and26
procedures as unpaid ad valorem taxes.27
(6) The city of New Orleans shall remit to the district all amounts collected28
not more than sixty days after collection. However, the board may enter into an29 HLS 12RS-616 ORIGINAL
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agreement with the city to authorize the city to retain, as a collection fee, not more1
than one percent of the amount collected.2
F. G. Budget. (1) The board of commissioners shall adopt an annual budget3
in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et4
seq. The budget and all amendments shall be subject to the approval of the5
governing authority of the city of New Orleans.6
(2) The district shall be subject to audit by the legislative auditor pursuant7
to R.S. 24:513.8
G. H. Miscellaneous provisions. (1) It is the purpose and intent of this9
Section that the additional law enforcement personnel and their services provided for10
through the fees authorized in this Section shall be supplemental to and not in lieu11
of personnel and services provided in the district by the New Orleans Police12
Department.13
(2) If the district ceases to exist, any funds of the district shall be transmitted14
to the governing authority of the city of New Orleans and shall be used for law15
enforcement purposes in the district.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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)]
Lorusso HB No. 843
Abstract: Changes provisions relative to the purpose, governance, and funding of the Lake
Vista Crime Prevention District.
Present law creates the Lake Vista Crime Prevention District in the Lake Vista area of
Orleans Parish as a political subdivision. Provides for district boundaries.
Proposed law retains present law. HLS 12RS-616 ORIGINAL
HB NO. 843
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Present law provides that the purpose of the district is to aid in crime prevention and to
enhance the security of district residents by increasing the presence of law enforcement
personnel in the district.
Proposed law retains present law and additionally provides that the purpose of the district
is to serve the needs of the residents of the district by funding beautification and other
activities and improvements for the overall betterment of the district.
Present law provides that the district is governed by for a seven-member board of
commissioners appointed as follows:
(1)Three members by the board of directors of the Lake Vista Property Owners
Association.
(3)One member by the member(s) of the La. House of Representatives who represent
the district.
(3)One member by the member(s) of the La. Senate who represent the district.
(4)One member by the member(s) of the New Orleans governing authority who
represent the district.
(5)One member by the assessor for the second municipal district.
Proposed law retains present law except provides that the assessor for the parish of Orleans,
rather than for the second municipal district, shall appoint one member.
Present law authorizes the governing authority of the city of New Orleans to impose and
collect a parcel fee within the district. Provides that the fee is a flat fee per improved parcel
of land. Provides that the amount of the fee is $350 per year for each improved parcel
except that the fee is $700 per year for each improved parcel with three or more family units.
Requires that the fee be imposed on each improved parcel located within the district.
Proposed law removes present law and instead provides that the amount of the fee shall be
as requested by duly adopted resolution of the board. Requires that the fee, which shall not
exceed $350 per parcel per year, be imposed on each improved or unimproved single and
two family residential parcel and each multiple-dwelling or apartment parcel located within
the district. Provides that for purposes of proposed law a single and two family residential
parcel is defined as a lot or lots on which only one main house is situated and has not more
than two municipal addresses. Defines a multiple-dwelling or apartment parcel as each lot
in any square that is reserved for multiple-dwelling or apartment use.
Present law provides that the fee may be imposed only after the question of its imposition
has been approved by a majority of the registered voters of the district voting at an election
held for that purpose in accordance with the Louisiana Election Code.
Proposed law retains present law.
Present law requires the initial election on the question of the imposition of the fee to be held
at the same time as the 2002 congressional primary election.
Proposed law instead requires the initial election to be held at the same time as a regularly
scheduled election in the city of New Orleans.
Present law provides that the fee expires not more than eight years from its initial imposition
but authorizes renewal not to exceed eight years. Requires that any election to authorize HLS 12RS-616 ORIGINAL
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renewal of the fee be held only at the same time as the mayoral primary election in the city
of New Orleans.
Proposed law instead provides that the fee expires not more than four years from its initial
imposition and authorizes renewal not to exceed four years. Requires that any election to
authorize renewal of the fee be held only at the same time as a regularly scheduled election
in the city of New Orleans.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:9091.5)