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Regular Session, 2013
SENATE BILL NO. 239
BY SENATOR WARD
FIRE PROTECTION. Provides relative to the West Baton Rouge Parish Fire Protection
District No. 1. (gov sig)
AN ACT1
To amend and reenact R.S. 40:1503 (A)(6), (B), (E)(1), (F)(1) and (2), (H)(3) and (5), (I)(5),2
(6)(a), (9)(a) and (K)(1) and (3)(c), and to enact (M) relative to West Baton Rouge3
Fire Protection District No. 1; to provide for certain powers of the board of4
commissioners; to provide for the allocation of certain revenues; to provide specific5
dates to recalculate assessments; and to provide for related matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1503 (A)(6), (B), (E)(1), (F)(1) and (2), (H)(3) and (5), (I)(5),9
(6)(a), (9)(a) and (K)(1) and (3)(c) are hereby amended and reenacted, and (M) is hereby10
enacted to read as follows:11
ยง1503. West Baton Rouge Parish Fire Protection District No. 1; creation;12
subdistricts; boards; powers, duties, and functions13
A. When used in this Section, the following terms have these meanings:14
* * *15
(6) "Police jury" "Council" means the West Baton Rouge Parish Police Jury16
Council.17 SB NO. 239
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* * *1
B. In addition to other authority granted by law, the West Baton Rouge Parish2
Police Jury Council may create a fire protection district in the manner and subject3
to the limitations and restrictions contained in this Section. The district shall be4
designated as "West Baton Rouge Parish Fire Protection District No. 1" and include5
two or more fire protection subdistricts.6
* * *7
E.(1) Notice of intention to create the district shall be ordered by resolution8
of the police jury council only if concurred in, by resolution, by each municipal9
governing authority in the parish. The resolution shall state that all of the parish10
shall be within the district and set forth the boundaries proposed for the subdistricts.11
The notice shall state that the police jury council shall, in open session, on a date and12
at an hour and place named, proceed to create the proposed district.13
* * *14
F.(1) At the place and time specified in the notice provided for in Subsection15
E, the police jury council shall hold a public hearing concerning the creation of the16
proposed district and the proposed boundaries of the subdistricts. At this hearing,17
the police jury council may change the boundaries of the proposed subdistricts.18
(2) After the hearing, the police jury council may adopt an ordinance creating19
the district and fixing the boundaries of each subdistrict. The ordinance shall:20
(a) Contain the method or formula by which the district's revenues shall be21
allocated to the subdistricts for fire protection purposes.22
(b) Provide that any subsequent revision of the method of formula of23
allocation, or termination thereof, shall occur only upon adoption of an ordinance24
setting forth the proposed action by the police jury and upon concurrence, by25
resolution, of each municipal governing authority in the parish.26
(c) Provide that the entire area of any municipality shall be included within27
one subdistrict.28
(d) (b) Provide that any area annexed by a municipality that is not within the29 SB NO. 239
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same subdistrict as the annexing municipality shall be included within the same1
subdistrict as the municipality. The police jury council shall adopt an ordinance2
changing the boundaries of the subdistricts only to the extent necessary to comply3
with this Subparagraph.4
(e) Not become effective until it has been concurred in, by resolution, by each5
municipal governing authority in the parish.6
* * *7
H. The board, as governing body of the district, shall:8
* * *9
(3) Allocate funds to the subdistricts as provided by ordinance law.10
* * *11
(5) Have the district's books and records audited by a certified public12
accountant annually. The accountant shall make a written report of his audit to the13
board, the police jury council, and to each municipal governing authority.14
* * *15
I. The board, as governing body of the district may:16
* * *17
(5) With the concurrence of the police jury council and each municipal18
governing authority by majority vote of the members of the board, submit to the19
qualified electors of the district, in a manner provided by law, a proposition to levy20
a special tax of not more than ten mills on the dollar for a period of not more than ten21
years for the purpose of providing fire protection service within the district. The cost22
of the election shall be borne by the district.23
(6)(a) With the concurrence of the police jury council and each municipal24
governing authority by a majority vote of the members of the board, establish, by25
majority vote of the members of the board, a service charge or rates of service26
charges to be assessed persons occupying residential or nonresidential structures and27
persons owning unoccupied structures located wholly or partly within the district as28
customers of the district, subject to the provisions of Subparagraph (b) of this29 SB NO. 239
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Paragraph. The service charges or rates of service charges shall be equal for all1
customers and shall be framed so as to cover and shall be used for the costs of fire2
protection service within the district.3
* * *4
(9)(a) With the concurrence of the police jury council and each municipal5
governing authority by a majority vote of the members of the board, submit to the6
qualified electors of the district, in a manner provided by law, a proposition to levy7
within the district a sales and use tax not exceeding one percent, which tax may8
exceed the limitation set forth in Article VI, Section 29(A) of the Constitution of9
Louisiana.10
* * *11
K.(1) If no municipality is included within the subdistrict, the police jury12
council shall be the governing body of the subdistrict.13
* * *14
(3) The governing body of each subdistrict shall:15
* * *16
(c) Have the subdistrict's books and records audited by a certified public17
accountant annually. The accountant shall make a written report of his audit to the18
board, police jury council, and to each municipal governing authority.19
* * *20
M. The revenues of the district shall be allocated among the subdistricts21
by a formula which shall utilize the official Unites States Census data and the22
Property Value Assessments determined by the parish assessor.23
(1) The population of each subdistrict shall be divided by the total parish24
population, with the result being deemed the proportional population of the25
subdistrict.26
(2) The total assessed value of all assessed and exempt property lying27
within the boundaries of the subdistrict shall be divided by the total assessed28
value of all assessed and exempt property in the parish, with the result being29 SB NO. 239
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deemed the proportional assessed value of the subdistrict.1
(3) The sum of the proportional population of the subdistrict and the2
proportional assessed value of the subdistrict shall be divided by two, with the3
quotient being the proportional allocation of the subdistrict.4
(4) Each subdistrict shall be allocated that proportion of the revenues of5
the district equating to its proportional allocation, except as otherwise provided6
herein.7
(5) The calculations provided for herein shall be performed and certified8
by the collector for parish sales and use taxes.9
(6) The proportional allocation of the subdistricts shall be recalculated10
as follows:11
(a) By July 1, 2013, and thereafter as provided for in this Paragraph.12
(b) By June thirtieth in the year following the conduct of each federal13
decennial census.14
(c) By June thirtieth in the year following the completion of any parish15
wide property reassessment, but not less than on a quadrennial basis.16
(d) By June thirtieth in the year following any change in subdistrict17
boundaries, including changes occasioned by the creation or dissolution of a18
subdistrict, an expansion or retraction of municipal boundaries, or otherwise.19
(7) Except as otherwise provided, the proportional allocation of the20
subdistricts shall remain in effect from July first in the year of the calculation21
until such time as the proportional allocations are recalculated.22
(8) The collector for parish sales and use taxes shall distribute the23
revenues of the district in accordance with the proportional allocation of the24
subdistricts.25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28
vetoed by the governor and subsequently approved by the legislature, this Act shall become29 SB NO. 239
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effective on the day following such approval.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Present law creates and provides for West Baton Rouge Parish Fire Protection District No.
1.
Proposed law changes the wording of "West Baton Rouge Police Jury" to "West Baton
Rouge Parish Council".
Present law provides for concurrence of the police jury and each municipal governing
authority to submit to the qualified electors of the district, a proposition to levy a special tax
of not more than 10 mills for providing fire protection service within the district.
Proposed law provides for concurrence of the council and by a majority vote of the members
of the board to submit to the qualified electors of the district, a proposition to levy a special
tax of not more than 10 mills for providing fire protection service within the district.
Proposed law provides for revenues of the district to be allocated among the subdistricts by
a formula which shall utilize the official Unites States Census data and the Property Value
Assessments determined by the parish assessor.
Proposed law provides for the sum of the proportional population of the subdistrict and the
proportional assessed value of the subdistrict are to be divided by two, with the quotient
being the proportional allocation of the subdistrict.
Proposed law provides that each subdistrict will be allocated that proportion of the revenues
of the district equating to its proportional allocation, except otherwise provided by law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1503 (A)(6), (B), (E)(1), (F)(1) and (2), (H)(3) and (5), (I)(5), (6)(a), (9)(a)
and (K)(1) and (3)(c); and enacts (M))