Louisiana 2013 2013 Regular Session

Louisiana House Bill HB260 Comm Sub / Analysis

                    Alfred Williams (HB 260)	Act No. 143
New law creates the Goodwood Homesites Crime Prevention and Neighborhood
Improvement District in East Baton Rouge Parish as a political subdivision of the state in
order to aid in crime prevention and to add to the security of district residents by providing
for an increase in the presence of law enforcement personnel in the district.  Provides for
district boundaries and powers and duties.
New law provides that the district shall be governed by an 11-member board of
commissioners composed as follows:
(1)The president of the Goodwood Homesites Civic Association (association), Inc.
(2)Six members appointed by the board of directors of the association.
(3)One member appointed by the mayor-president of the city of Baton Rouge, parish of
East Baton Rouge, from a list of nominations submitted by the association.
(4)One member appointed by the member of the governing authority of the city of Baton
Rouge, parish of East Baton Rouge, whose council district encompasses all or the
greater portion of the area of the district from a list of nominations submitted by the
association.
(5)One member appointed by the member of the La. House of Representatives and
whose district encompasses all or the greater portion of the area of the district.
(6)One member appointed by the member of the La. Senate whose district encompasses
all or the greater portion of the area of the district.
Requires members of the board to be residents of the district.
New law authorizes the governing authority of the city of Baton Rouge, parish of East Baton
Rouge, subject to voter approval, to impose and collect a parcel fee within the district which
amount shall be as requested by duly adopted board resolution. Provides that the amount of
the fee shall not be more than $150 per parcel per year on residential properties and $450 per
parcel per year on commercial properties; provides however, that the fee shall not exceed $70
per parcel per year if any of the owners of the parcel is a person 70 years of age or older.
Requires that the fee be imposed on each improved parcel located within the district.
Defines "parcel" as a lot, a subdivided portion of ground, an individual tract, or a
condominium parcel as defined in existing law (R.S. 9:1121.103).
New law provides that the fee shall expire five years after its levy but authorizes renewal of
the fee. Provides that the term of the imposition of the fee shall be as provided in the
proposition authorizing such renewal, not to exceed eight years.
New law requires that the fee be collected at the same time and in the same manner as ad
valorem taxes and that any unpaid fee be added to the parish tax rolls and enforced with the
same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.
New law requires that the fee proceeds be used solely and exclusively for the district's
purpose and benefit.  Requires the sheriff to remit to the district all amounts collected not
more than 60 days after collection; however, authorizes the district to enter into an agreement
with the sheriff to authorize the sheriff to retain a collection fee.
New law requires the board to adopt an annual budget in accordance with the Local
Government Budget Act and provides that the district shall be subject to audit by the
legislative auditor.
New law provides that it is the purpose and intent of new law that any additional security
patrols provided by the district shall be supplemental to and not in lieu of personnel and
services provided in the district by the state, the city-parish, or their departments or agencies
or by any other political subdivision.
New law permits dissolution of the district without the vote of the district's registered voters
if a majority of the district's area becomes included in another district that serves similar purposes but includes additional parcels of adjacent property, if approved by at least six
board members. Provides that district funds related to the portion of the district that is
included in the new district, together with any other funds collected by East Baton Rouge
Parish pursuant to new law that relate to such portion of the district, shall be transferred to
the new district to be used for purposes of the new district.  New law provides that any
remaining funds shall be transmitted by the board to the parish and that such funds shall be
used only for law enforcement, security, improvement, and beautification purposes of the
area that was formerly within the district but not in the new district. Further provides that if
the district is dissolved according to new law, the authority to impose the parcel fee shall
cease.
New law requires the district to indemnify its officers and board members to the fullest
extent permitted by existing law (relative to indemnification of officers, directors, employees,
and agents of nonprofit corporations) as fully as if the district were a nonprofit corporation
governed thereby and as may be provided in district bylaws.  Provides further with respect
to the liability of officers and board members.
Effective upon signature of governor (June 7, 2013).
(Adds R.S. 33:9097.19)