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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 REENGROSSED
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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.3
C. D. Governance. (1) The district shall be governed by a board of4
commissioners, referred to in this Section as the "board", consisting of seven5
members as follows:6
(a) The board of directors of the Lake Vista Property Owners Association7
shall appoint three two members.8
(b) The member or members of the Louisiana House of Representatives who9
represent the area which comprises the district shall appoint one member two10
members.11
(c) The member or members of the Louisiana Senate who represent the area12
which comprises the district shall appoint one member two members.13
(d) The member or members of the governing authority of the city of New14
Orleans who represent represents the area which comprises the district shall appoint15
one member.16
(e) The assessor for the second municipal district shall appoint one member.17
(2) All members of the board shall be residents of the district.18
(3)(a) Members shall serve four-year terms after initial terms as provided in19
Subparagraph (b) of this Paragraph.20
(b) One member shall serve an initial term of one year, two shall serve initial21
terms of two years, two shall serve initial terms of three years, and two shall serve22
initial terms of four years, as determined by lot at the first meeting of the board.23
Vacancies resulting from the expiration of a term or any other reason shall be filled24
in the manner of the original appointment. Members shall be eligible for25
reappointment.,but no member shall serve more than two consecutive terms.26
(4) The members of the board shall select from among themselves a27
president and such other officers as they deem appropriate. The terms and28
responsibilities of officers shall be as provided by the bylaws of the board.29 HLS 12RS-616 REENGROSSED
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(5) The members of the board shall serve without compensation and shall not1
receive reimbursement for expenses.2
D. 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 E F of this7
Section and in accordance with a budget adopted as provided by Subsection F G of8
this 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
E. F. Parcel fee. The governing authority of the city of New Orleans is16
hereby authorized to impose and collect a parcel fee within the district subject to and17
in accordance with the provisions of this Subsection.18
(1) The fee shall be a flat fee per improved parcel of land and the amount of19
the fee shall be three hundred fifty dollars per year for each improved parcel, except20
that the fee shall be seven hundred dollars per year for each improved parcel with21
three or more family units The amount of the fee shall be as requested by duly22
adopted resolution of the board. The fee, which shall not exceed two hundred twenty23
dollars per parcel per year, shall be imposed on each improved or unimproved single-24
and two-family residential parcel and each multiple-dwelling or apartment parcel25
located within the district. The owner of the parcel shall be responsible for payment26
of the fee.27
(2) The fee shall be imposed on each improved parcel located within the28
district. The owner of the parcel shall be responsible for payment of the fee For29 HLS 12RS-616 REENGROSSED
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purposes of this Section a single- and two-family residential parcel is defined as a1
lot or lots on which only one main house is situated and has not more than two2
municipal addresses. A multiple-dwelling or apartment parcel is defined as each lot3
in any square that is reserved for multiple-dwelling or apartment use.4
(3)(a) The fee shall be imposed only after the question of its imposition has5
been approved by a majority of the registered voters of the district voting at an6
election held for that purpose in accordance with the Louisiana Election Code. No7
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 the 2002 congressional primary election, as provided in R.S.10
18:402(B)(1), is held a regularly scheduled election in the city of New Orleans.11
(c) The fee shall expire at the time provided in the proposition authorizing12
the fee, not to exceed eight four years from its initial imposition, but the fee may be13
renewed as provided in Subparagraph (a) of this Paragraph. Any election to14
authorize renewal of the fee shall be held only at the same time as the mayoral15
primary election at the same time as a regularly scheduled election in the city of New16
Orleans. If renewed, the term of the imposition of the fee shall be as provided in the17
proposition authorizing such renewal, not to exceed eight four years.18
(4) The fee shall be collected at the same time and in the same manner as ad19
valorem taxes are collected by the city.20
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city21
and shall be enforced with the same authority and subject to the same penalties and22
procedures as unpaid ad valorem taxes.23
(6) The city of New Orleans shall remit to the district all amounts collected24
not more than sixty days after collection. However, the board may enter into an25
agreement with the city to authorize the city to retain, as a collection fee, not more26
than one percent of the amount collected.27
F. G. Budget. (1) The board of commissioners shall adopt an annual budget28
in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et29 HLS 12RS-616 REENGROSSED
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seq. The budget and all amendments shall be subject to the approval of the1
governing authority of the city of New Orleans.2
(2) The district shall be subject to audit by the legislative auditor pursuant3
to R.S. 24:513.4
G. H. Miscellaneous provisions. (1) It is the purpose and intent of this5
Section that the additional law enforcement personnel and their services provided for6
through the fees authorized in this Section shall be supplemental to and not in lieu7
of personnel and services provided in the district by the New Orleans Police8
Department.9
(2) If the district ceases to exist, any funds of the district shall be transmitted10
to the governing authority of the city of New Orleans and shall be used for law11
enforcement purposes in the district.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
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.
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. HLS 12RS-616 REENGROSSED
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Present law provides that the district is governed by a seven-member board of
commissioners appointed as follows:
(1)Three members by the board of directors of the Lake Vista Property Owners
Association.
(2)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 instead provides that the seven-member board is appointed as follows:
(1)Two members by the board of directors of the Lake Vista Property Owners
Association.
(2)Two members by the member(s) of the La. House of Representatives who represent
the district.
(3)Two members by the member(s) of the La. Senate who represent the district.
(4)One member by the member of the New Orleans governing authority who represents
the district.
Proposed law provides that no member shall serve more than two consecutive terms.
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 $220 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 La. 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 2012 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. HLS 12RS-616 REENGROSSED
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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
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)
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 board, increasing the number of appointments by
legislators, reducing the number of appointments by the property owners
association, and removing an appointment by the assessor.
2. Prohibits district board members from serving more than two consecutive terms.
House Floor Amendments to the engrossed bill.
1. Removes proposed law that provides that the purpose of the district includes
serving the needs of the residents of the district by funding beautification and
other activities and improvements for the overall betterment of the district.
2. Reduces the maximum amount of the authorized parcel fee from $350 to $220
per parcel per year.