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Regular Session, 2012
SENATE BILL NO. 627
BY SENATOR BROOME
SPECIAL DISTRICTS. Creates the Live Oak Trace Subdivision Crime Prevention and
Improvement District in the city of Zachary. (gov sig)
AN ACT1
To enact R.S. 33:9097.13, relative to neighborhood improvement districts; to create the Live2
Oak Trace Subdivision Crime Prevention and Improvement District in the city of3
Zachary in East Baton Rouge Parish; to provide for the boundaries and purpose of4
the district; to provide for the powers and duties of the district and its board of5
commissioners; to provide for the levy of a parcel fee upon voter approval; to6
provide for the district's budget; to provide with respect to termination of the district;7
and to provide for related matters.8
Notice of intention to introduce this Act has been published.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 33:9097.13 is hereby enacted to read as follows: 11
ยง9097.13. Live Oak Trace Subdivision Crime Prevention and Improvement12
District13
A. Creation. There is hereby created within the parish of East Baton14
Rouge, in the city of Zachary, as more specifically provided in Subsection B of15
this Section, a body politic and corporate which shall be known as the Live Oak16
Trace Subdivision Crime Prevention and Improvement District, hereafter in17 SB NO. 627
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this Section referred to as the "district". The district shall be a political1
subdivision of the state as defined in the Constitution of Louisiana.2
B. Boundaries. The district shall encompass the area included within the3
following perimeter: Creek Hollow Avenue, Pine Thickett Avenue, Honeysuckle4
Drive and Brush Creek Court. The district shall include all parcels on both5
sides of each street.6
C. Purpose. The purposes of the district shall be to aid in crime7
prevention by providing security for district residents and to serve the needs of8
the residents of the district by funding beautification and improvements for the9
overall betterment of the district.10
D. Board. (1) The district shall be governed by a board of commissioners11
consisting of seven members as follows:12
(a) The president of the Live Oak Trace Homeowners' Association, or its13
successor.14
(b) Two members appointed by the board of directors of the Live Oak15
Trace Homeowners' Association, or its successor.16
(c) One member appointed by the member or members of the Louisiana17
House of Representatives who represent the area which comprises the district.18
(d) One member appointed by the member or members of the Louisiana19
Senate who represent the area which comprises the district.20
(e) One member appointed by the member or members of the East Baton21
Rouge Parish Metro Council who represent the area which comprises the22
district.23
(f) One member appointed by the mayor-president of Baton Rouge.24
(2) All members of the board shall be registered voters within the25
district.26
(3) All members of the board shall serve without compensation and shall27
not receive reimbursement for expenses.28
(4) The domicile of the board shall be within the district.29 SB NO. 627
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(5) The board shall be authorized to adopt bylaws for its governance and1
conduct.2
(6) The members of the board shall select from among themselves a3
president and such other officers as they deem appropriate, whose4
responsibilities shall be as provided by the bylaws of the board.5
(7) The board shall hold regular meetings as provided for in its bylaws6
and may hold special meetings at such times and places within the district as7
provided in the bylaws.8
(8) The board shall keep minutes of all meetings.9
(9) A majority of the board shall constitute a quorum for conducting10
business of the board.11
E. Terms. (1)(a) Members appointed pursuant to Subparagraphs12
(D)(1)(a) and (b) of this Section shall serve four-year terms.13
(b) Members appointed pursuant to Subparagraphs (D)(1)(c), (d), (e),14
and (f) of this Section shall serve three-year terms.15
(2) Any board member may be removed for cause by a majority vote of16
the board.17
(3) Vacancies shall be filled in the manner of the original appointment.18
A member shall be eligible for reappointment unless he was removed pursuant19
to Paragraph (2) of this Subsection.20
F. Powers and duties. The district, acting through its board of21
commissioners, shall have the following powers and duties:22
(1) To sue and be sued.23
(2) To adopt, use, and alter at will a corporate seal.24
(3) To receive and expend funds collected pursuant to Subsection G of25
this Section and in accordance with a budget adopted as provided by Subsection26
H of this Section.27
(4) To enter into contracts with individuals or entities, private or public.28
(5) To purchase items and supplies necessary for achieving any purpose29 SB NO. 627
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of the district.1
(6) To accept private grants and donations.2
(7) To procure and maintain liability insurance against any personal or3
legal liability of a board member that may be asserted or incurred based upon4
his service as a member of the board or that may arise as a result of his actions5
taken within the scope and discharge of his duties as a member of the board.6
(8) To perform or have performed any function or activity the board7
deems necessary to carry out the purposes of the district.8
G. Parcel fee. The governing authority of East Baton Rouge Parish is9
hereby authorized to impose and collect a parcel fee within the district subject10
to and in accordance with the provisions of this Subsection.11
(1) The fee shall be as determined by a duly adopted resolution of the12
board, at an amount no less than one hundred eighty dollars, per parcel per13
year.14
(2) The fee shall be imposed on each parcel located within the district.15
The term "parcel" as used in this Subsection shall mean a developed or16
undeveloped lot.17
(3) The owner of the parcel shall be responsible for payment of the fee.18
(4)(a) The fee shall be imposed only after the question of its imposition19
has been submitted to the qualified electors of the district, at an election held for20
such purpose in accordance with the Louisiana Election Code, and a majority21
of those voting on the proposition have voted in favor of the fee.22
(b) The fee may be increased four years from its initial levy in the same23
manner as its imposition.24
(5) The East Baton Rouge Parish Sheriff's Office shall collect the fee at25
the same time and in the same manner as ad valorem taxes are collected.26
(6) The East Baton Rouge Parish Sheriff's Office shall remit to the27
district all amounts collected not more than sixty days after collection; however,28
the board may enter into an agreement with the EBR Parish Sheriff's Office to29 SB NO. 627
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authorize the parish to retain, as a collection fee, not more than one percent of1
the amount collected.2
(7) Any parcel fee which is unpaid shall be added to the tax rolls of the3
parish and shall be enforced with the same authority and subject to the same4
penalties and procedures as unpaid ad valorem taxes.5
H. Budget. (1) The board of commissioners shall adopt an annual budget6
in accordance with the Louisiana Local Government Budget Act, R.S. 39:13017
et seq.8
(2) The district shall be subject to audit by the legislative auditor9
pursuant to R.S. 24:513.10
I. Miscellaneous provision. (1) It is the purpose and intent of this Section11
that the additional law enforcement personnel and services provided by the12
district shall be supplemental to and not in lieu of personnel and services13
provided in the district by the city of Zachary.14
(2) If the district ceases to exist:15
(a) All funds of the district shall be transmitted by the board to the16
governing authority of the city of Zachary within thirty days of dissolution.17
Such transmitted funds, together with any other funds collected by the East18
Baton Rouge Parish Sheriff's Office pursuant to this Section, shall be19
maintained in a separate account by the city and shall be used only to promote,20
encourage, and enhance the security, beautification, and overall betterment of21
the area formerly comprising the district.22
(b) The authority for the imposition of the parcel fee provided in this23
Section shall cease.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 by 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 SB NO. 627
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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
Broome (SB 627)
Proposed law creates the Live Oak Trace Subdivision Crime Prevention and Improvement
District in the city of Zachary within East Baton Rouge Parish (EBR) and defines its
boundaries. The district shall be a political subdivision of the state as defined in the
Constitution of Louisiana.
Proposed law provides that the district's purpose is for the enhancement of security within
the district and for the beautification and improvement of the district.
Proposed law provides that the district is governed by a seven member board of
commissioners composed as follows:
1. The president of the Live Oak Trace Homeowners' Association.
2. Two members appointed by the board of directors of the association.
3. One member appointed by the member of the Louisiana House of Representatives
who represents the area of the district.
4. One member appointed by the member of the Louisiana Senate who represents the
area of the district.
5. One member appointed by the member of the governing authority of EBR whose
council district represents the area of the district.
6. One appointed by the mayor-president of EBR.
Proposed law provides that all members of the board must be residents of the district. Board
members are eligible for reappointment unless removed for cause by a majority vote of the
board. Members serve without compensation and shall not be reimbursed for expenses.
Proposed law provides terms for the members of the board. Members appointed by the civic
association shall serve four-year terms; members appointed by city and state officials shall
serve three-year terms.
Proposed law grants the district, acting through its board, the authority to perform or have
performed any function or activity necessary or appropriate to carry out the purposes of the
district.
Proposed law provides for the board to establish bylaws for its own governance and to
provide for the selection of a president and other such officers as the board feels necessary.
Further provides that a majority of the board shall constitute a quorum for the conducting
of board business.
Proposed law establishes the powers of the district which include:
1. To sue and be sued.
2. To adopt, use, and alter at will a corporate seal.
3. To receive and expend funds collected pursuant to proposed law in accordance with
a budget adopted pursuant to proposed law. SB NO. 627
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4. To enter into contracts.
5. To purchase items and supplies necessary for achieving any purpose of the district.
6. To accept private grants and donations.
7. To purchase and maintain liability insurance for board members for actions taken in
the course of their duties on the board.
8. To perform or have performed any other function or activity necessary to achieve the
purposes of the district.
Proposed law authorizes the East Baton Rouge Parish Sheriff's Office to collect a parcel fee
within the district. Provides that the fee shall be as provided for in a duly adopted resolution
of the board and that the fee shall be no less than $180 per parcel per year. Proposed law
further defines "parcel" as a developed or undeveloped lot.
Proposed law provides that the fee cannot be imposed until a majority of those voting on the
proposition have approved the fee at an election held in accordance with the La. Election
Code.
Proposed law provides that the fee may be increased four years from its initial levy in the
same manner as its imposition.
Proposed law provides that the fee shall be collected at the same time and in the same
manner as ad valorem taxes, and that any unpaid parcel fees shall be added to the tax rolls
of the parish and enforced with the same authority and the same penalties as unpaid ad
valorem taxes.
Proposed law provides that the district shall adopt an annual budget in accordance with
present law and shall be subject to audit by the legislative auditor's office.
Proposed law provides that the intent of proposed law is to enhance the law enforcement
personnel and services provided by the city and not to be in lieu of such services. Further
provides that if the district ceases to exist all of its funds shall be transmitted to the
governing authority of the city of Zachary and shall be used to enhance security and
beautification in the area formerly comprising the district. Further provides that upon
dissolution of the district, the authority to levy the parcel fee provided for in proposed law
shall cease.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 33:9097.13)