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Regular Session, 2012
SENATE BILL NO. 512
BY SENATOR MORRELL
SPECIAL DISTRICTS. Streamlines the procedure by which municipalities and parishes
create neighborhood security districts. (8/1/12)
AN ACT1
To amend and reenact R.S. 18:1300.31(A)(1), (2), (5), and (7), (B), (C), (D), (E), and (F),2
and 1300.33 (A) and (B), and R.S. 33:9100.21(B) and (C), and to repeal R.S.3
18:1300.32, relative to crime prevention and security districts; to streamline the4
procedure by which municipalities and parishes may create such districts and levy5
parcel fees; to remove all references to the need for a petition to request an election6
for the approval of such districts; to remove the requirement that an election must be7
held to approve the creation of such districts; to authorize municipalities and parishes8
to create such districts; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 18:1300.31(A)(1), (2), (5), and (7), (B), (C), (D), (E), and (F), and11
1300.33 (A) and (B) are hereby amended and reenacted to read as follows:12
§1300.31. Petition Election for neighborhood crime prevention and security district13
and; parcel fee14
A. Whenever the creation of a neighborhood crime prevention and security15
district is created and approval of a parcel fee for such district is proposed as16
provided for in R.S. 33:9100.21, the board of directors of the homeowners'17 SB NO. 512
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association or associations of the subdivision or subdivisions which are to compose1
the district shall adopt a resolution proposing the district and parcel fee addressed to2
the governing authority of the municipality, if the subdivision or subdivisions are3
located within a municipality, or the governing authority of the parish if the4
subdivision or subdivisions are not located within a municipality, hereinafter "the5
appropriate local governing authority." The resolution shall state contain all of the6
following information:7
(1) The name of the district. proposed to be created and its proposed8
boundaries.9
(2) The purpose for which the district is to be formed, including the amount10
of any parcel fee proposed to be levied on parcels within the district, a definition of11
the parcels upon which it will be levied, including whether the fee will be levied on12
all parcels located within the district, or on only improved parcels, the term of the13
fee, any possible renewal of the fee at the end of such term, and the purposes for14
which the fee proceeds may be expended.15
* * *16
(5) A request that the appropriate local governing authority authorize the17
collection of signatures within the subdivision or subdivisions comprising the18
proposed district for a petition requesting the governing authority to call an election19
to approve the district and parcel fee and, if such petition is signed by not less than20
thirty percent of the number of the total electors of such subdivision or subdivisions,21
that the appropriate local governing authority then may adopt a resolution ordering22
an election for the purpose of creating the district and approving the levy of the23
parcel fee.24
* * *25
(7) A list of the precincts included within the boundaries of the district and,26
in the case of a precinct not entirely within the district, a description of the part of27
the precinct that is within the district. Prior to adoption of the resolution by the28
association or associations, the association or associations shall submit a description29 SB NO. 512
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of the boundaries of the proposed district to the registrar of voters for the parish and1
the registrar shall prepare a precinct list as required by this Paragraph to be included2
in the resolution.3
B.(1) Upon the adoption of a resolution by the appropriate local governing4
authority authorizing the collection of signatures for such a petition within such area,5
a petition may be circulated which requests that an election be called and held within6
the area comprising the proposed district to authorize creation of the district and the7
levy of the parcel fee.8
(2)(a) The secretary of state shall provide a form approved by the attorney9
general to be used for the petition to request an election to authorize the creation of10
a neighborhood crime prevention and security district and the levy of a parcel fee for11
such district. The form shall describe all of the information set forth in Paragraphs12
(A)(1), (2), and (3) of this Section.13
(b) Such form shall be in conformity with the provisions of this Chapter and14
Chapters 6-A and 6-B of this Title. All such petitions shall be on an approved form15
or on a form which contains the same information as required by the approved form16
and any petition not on such a form shall be invalid.17
C. All signatures on such petitions shall be handwritten. The appropriate local18
governing authority shall have the authority to call an election as provided in R.S.19
18:1300.33. only if the petition is signed by a number of the electors of the20
subdivision or subdivisions proposing to create the district as will in number equal21
not less than thirty percent of the number of the total electors of such voting area22
wherein and for which an election is petitioned.23
D.(1) Prior to the entering of any signatures on a petition, the person24
designated to represent the petitioners shall file with the appropriate local governing25
authority as provided for in Subsection A of this Section a copy of the petition which26
will be used, and upon receipt of the petition, the fact and the date of filing with the27
governing authority shall be endorsed thereon. A copy shall be transmitted by such28
governing authority to the secretary of state and to the registrar of voters for the29 SB NO. 512
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parish in which the election is to be held. The chairman shall describe on the petition1
the subdivision or subdivisions within the municipality or parish in which the2
election is to be held. The petition shall be deemed filed when the petition is either:3
(a) Received in the office of the appropriate local governing authority.4
(b) Postmarked by the United States Postal Service, if subsequently received5
in the office of the appropriate local governing authority.6
(c) Receipted on a return receipt form, if subsequently received by the office7
of the appropriate local governing authority.8
(2) The signed and dated petition shall be submitted to the appropriate local9
governing authority and to the registrar of voters for the parish not later than one10
hundred eighty days after the day on which the copy of the petition was filed with11
the appropriate local governing authority. If the final day for submitting the signed12
and dated petition falls on a Saturday, Sunday, or legal holiday, the deadline for13
filing such petition shall be on the next day which is not a Saturday, Sunday, or legal14
holiday.15
(3) The chairman shall file notice with the appropriate local governing16
authority and the registrar on the third day before the petition is submitted to them17
that he will submit the petition and the date of such submission, unless such18
submission is made within three days prior to the expiration of the period for19
submitting such petition. Such notice of submission shall be a public record. If the20
notice filed with the appropriate local governing authority and the registrar on the21
third day before the petition is submitted includes a date for submitting the signed22
and dated petition which falls on a Saturday, Sunday, or other legal holiday, the23
appropriate local governing authority shall so inform the chairman and the registrar24
and advise them of the next day which is not a Saturday, Sunday, or other legal25
holiday and on which the petition is to be submitted.26
E.(1) Each elector, at the time of signing the petition, shall enter his address27
and the date on which he signed beside or underneath his signature; however, if a28
person is unable to write, such incapacitated person shall affix his mark to the29 SB NO. 512
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petition, and the person circulating the petition shall affix the name and address of1
such incapacitated person, as well as the date on which such incapacitated person2
affixed his mark to the petition, in the presence of two witnesses who shall also sign3
their names as witnesses to the mark and date their signatures.4
(2) In addition, each petition shall be in compliance with the provisions of5
R.S. 18:3.6
F. In determining the number of qualified electors who signed the petition in7
any subdivision or subdivisions comprising a proposed district, the registrar of voters8
shall not count any signature which is undated or bears a date prior to the date on9
which the copy of the petition initially was filed with the appropriate local governing10
authority or after the date of the submission of the petition to the appropriate local11
governing authority, except as provided for in R.S. 18:1300.32(B). The registrar shall12
not receive or certify a petition submitted to him for certification unless it is13
submitted to him timely.14
* * *15
§1300.33. Appropriate local governing authority to order election16
A. If the required number of qualified electors within the subdivision or17
subdivisions proposing the creation of a district and the levy of a parcel fee sign the18
petition, the The appropriate local governing authority may adopt a resolution19
ordering an election within such area for the purpose of creating the district and a20
neighborhood crime prevention and security district approving to approve the21
levy of the parcel fee in the manner provided for in Chapter 6-A of this Title; such22
election shall only occur in a congressional general election or gubernatorial primary23
election.24
B. At least thirty days prior to such election, the local governing authority25
calling the election shall mail notification of the upcoming election to each registered26
voter in the proposed district and each owner of a parcel in the proposed district if27
the owner is not a registered voter. No other election shall be required except as28
provided by this Section.29 SB NO. 512
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* * *1
Section 2. R.S. 33:9100.21(B) and (C) are hereby amended to read as follows:2
§9100.21. Neighborhood crime prevention and security district implementation3
procedure4
* * *5
B. Creation and boundaries. (1) A neighborhood crime prevention and6
security district shall be created only upon the adoption of a resolution or ordinance7
by the appropriate local governing authority. authorizing the collection of signatures8
for a petition seeking an election to approve the district and parcel fee; the signing9
of such petition by thirty percent of the qualified electors in the proposed district;10
and approval by a majority of the electors of the proposed district voting on the11
proposition at an election held for the purpose, all in the manner and according to the12
procedure provided for in Chapter 6-E of Title 18 of the Louisiana Revised Statutes13
of 1950, R.S. 18:1300.31 et seq. Such election shall be held at the same time as a14
congressional general election or a gubernatorial primary election.15
(2) If the district and the fee are not approved at such election, the district16
shall not be created and the parcel fee shall not be levied unless the entire procedure17
set forth in Paragraph (1) of this Subsection is completed again.18
C. Boundaries. (1) Any district created pursuant to this Section shall be a19
body politic and corporate and shall be known by the name provided for in the ballot20
proposition proposing the creation of which is approved by the voters of the district,21
hereinafter referred in this Section as the "district." duly adopted resolution or22
ordinance of the appropriate local governing authority. The district created23
shall, hereinafter, be referred to in this Section as the "district". Such district24
shall be a political subdivision of the state as defined in the Constitution of25
Louisiana.26
* * *27
Section 3. R.S. 18:1300.32 is hereby repealed.28 SB NO. 512
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ann S. Brown.
DIGEST
Morrell (SB 512)
Present law provides a procedure for the creation of neighborhood crime prevention and
security districts by municipalities and parishes. The procedure is as follows:
1. The adoption of a resolution by the homeowner's association of the proposed district
proposing creation of the district and the levy of parcel fees.
2. The adoption of a resolution by the municipality or parish authorizing the collection
of signatures for a petition seeking an election to approve the proposed district and
the levy of parcel fees.
3. The signing of a petition by 30% of the qualified electors in the proposed district.
4. Approval by a majority of the electors of the proposed district, voting on a
proposition to create the district and to levy the parcel fees, at an election held
according to present law.
5. The election shall be held at the same time as a congressional general election or a
gubernatorial primary election.
6. If the district and the fee are not approved at such election, the district shall not be
created and the parcel fee shall not be levied unless the entire procedure is completed
again.
Proposed law changes present law by streamlining the procedure by removing all
requirements relative to:
1. The adoption of a resolution by the homeowner's association proposing the creation
of the district and the levy of parcel fees.
2. The adoption of a resolution by the municipality or parish authorizing the collection
of signatures for a petition seeking an election to approve the proposed district and
the levy of parcel fees.
3. The signing of a petition by 30% of the qualified electors in the proposed district.
4. An election to approve the creation of the proposed district.
Proposed law retains present law requirement for voter approval to levy parcel fees in such
districts.
Proposed law retains present law requirement that such elections be held at the same time
as a congressional general election or a gubernatorial primary election.
Effective August 1, 2012.
(Amends R.S. 18:1300.31(A)(1), (2), (5), and (7), (B), (C), (D), (E), and (F), and 1300.33
(A) and (B), and R.S. 33:9100.21(B) and (C); repeals R.S. 18:1300.32)