SLS 13RS-131 REENGROSSED Page 1 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2013 SENATE BILL NO. 25 BY SENATOR BROOME SPECIAL DISTRICTS. Creates and provides for the Southern Heights Neighborhood Crime Prevention District. (8/1/13) AN ACT1 To enact R.S. 33:9097.19, relative to East Baton Rouge Parish; to create a crime prevention2 and improvement district for the Southern Heights Neighborhood; to provide for the3 purpose and boundaries of the district; to provide for the governance of the district;4 to provide for the duties and powers of the district; to authorize for the levy of a5 parcel fee within the district; to provide for indemnity and exculpation of board6 members; and to provide for related matters.7 Notice of intention to introduce this Act has been published.8 Be it enacted by the Legislature of Louisiana:9 Section 1. R.S. 33:9097.19 is hereby enacted to read as follows: 10 ยง9097.19. Southern Heights Neighborhood Crime Prevention and11 Improvement District12 A. Creation. There is hereby created within the parish of East Baton13 Rouge, as more specifically provided in Subsection B of this Section, a body14 politic and corporate which shall be known as the Southern Heights15 Neighborhood Crime Prevention and Improvement District, hereinafter16 referred to as the "district". The district shall be a political subdivision of the17 SB NO. 25 SLS 13RS-131 REENGROSSED Page 2 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. state as defined in the Constitution of Louisiana.1 B. Boundaries. The boundaries of the district shall be coterminous with2 the boundaries of the Southern Heights Neighborhood in East Baton Rouge3 Parish as established in the official subdivision plat filed with the clerk of court4 of East Baton Rouge Parish.5 C. Purpose. The purpose of the district shall be to aid in crime6 prevention and to add to the security of district residents by providing for an7 increase in the presence of law enforcement personnel in the district and to8 serve the needs of the residents of the district by funding beautification and9 improvements for the overall betterment of the district.10 D. Governance. (1) The district shall be governed by a board of11 commissioners consisting of seven members as follows:12 (a) The board of directors of the Southern Heights Property Owners13 Association, Inc., shall appoint three members.14 (b) The member or members of the Louisiana House of Representatives15 who represent the area which comprises the district shall appoint one member.16 (c) The member or members of the Louisiana Senate who represent the17 area which comprises the district shall appoint one member.18 (d) The assessor for the parish of East Baton Rouge shall appoint one19 member.20 (e) The Metro Council member or council members who represent the21 district shall appoint one member.22 (2) All members of the board shall own property and reside within the23 district.24 (3)(a) The terms of the members appointed pursuant to Subparagraph25 (1)(a) of this Subsection shall be two years.26 (b) The terms of the members serving pursuant to Subparagraphs (1)(b)27 through (e) of this Subsection shall be three years.28 (4) The members of the board shall select from among themselves a29 SB NO. 25 SLS 13RS-131 REENGROSSED Page 3 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. president and such other officers as they deem appropriate. The terms and1 responsibilities of officers shall be as provided by the bylaws of the board.2 (5) The members of the board shall serve without compensation and3 shall not receive reimbursement for expenses.4 E. Powers and duties. The district, acting through its board of5 commissioners, shall have the following powers and duties:6 (1) To sue and be sued.7 (2) To adopt, use, and alter at will a corporate seal.8 (3) To receive and expend funds collected pursuant to Subsection F of9 this Section and in accordance with a budget adopted as provided by Subsection10 G of this Section.11 (4) To accept private grants and donations.12 (5) To enter into contracts with individuals or entities, private or public,13 for the provision of security patrols in the district.14 (6) To purchase items and supplies which the board deems instrumental15 to achieving the purpose of the district.16 (7) To acquire, lease, insure, and sell immovable property within the17 boundaries of the district in accordance with district plans.18 (8) To perform or have performed any other function or activity19 necessary for the achievement of the purpose of the district.20 F. Parcel fee. The governing authority of East Baton Rouge Parish is21 hereby authorized to impose and collect a parcel fee within the district subject22 to and in accordance with the provisions of this Subsection:23 (1)(a) The fee shall be imposed on each improved and unimproved24 parcel located within the district.25 (b) For the purposes of this Section, a parcel shall be defined as a lot, a26 subdivided portion of ground, or an individual tract on which a residential or27 commercial structure is situated; however, the term "parcel" shall not include28 "condominium parcel" or "condominium property" as defined in R.S.29 SB NO. 25 SLS 13RS-131 REENGROSSED Page 4 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 9:1121.103.1 (2)(a)(i) The initial amount of the fee shall be as requested by duly2 adopted resolution of the governing authority of the district. The initial fee3 shall not exceed one hundred dollars per parcel per year.4 (ii) 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 on the6 proposition at an election held for that purpose in accordance with the7 Louisiana Election Code. Not less than thirty days prior to any election held to8 approve such parcel fee, the board of commissioners shall mail notification of9 the upcoming election to each registered voter of the district and to the owner10 of a parcel if the owner is not a registered voter of the district.11 (b) Not less than five years after approval of the parcel fee by a majority12 of the registered voters of the district, the governing authority of the district13 may increase the amount of the parcel fee one time without an election. The14 amount of the increased fee shall be as provided in a duly adopted resolution of15 the board, not to exceed one hundred fifty dollars per parcel per year.16 (3) A parcel fee shall expire ten years after its levy but may be renewed17 if the renewal is approved by the voters in the manner provided in18 Subparagraph (2)(a) of this Subsection. The renewed fee shall not exceed one19 hundred fifty dollars per parcel per year. If renewed, the term of the imposition20 of the fee shall be as provided in the proposition authorizing such renewal, not21 to exceed ten years.22 (4) The owner of the parcel is responsible for payment of the fee.23 (5) The fee shall be collected at the same time and in the same manner24 as ad valorem taxes are collected by the sheriff, as ex officio tax collector, of25 East Baton Rouge Parish. The sheriff shall collect and remit to the district all26 amounts collected not more than sixty days after collection. He shall retain as27 a commission the same percentage of collectable amounts as he receives for the28 collection of ad valorem taxes.29 SB NO. 25 SLS 13RS-131 REENGROSSED Page 5 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (6) Any parcel fee shall be added to the tax rolls of East Baton Rouge1 Parish and shall be enforced with the same authority and subject to the same2 penalties and procedures as ad valorem taxes.3 G. Budget. (1) The board of commissioners shall adopt an annual4 budget in accordance with the Louisiana Local Government Budget Act, R.S.5 39:1301 et seq. The budget and all amendments shall be submitted to the East6 Baton Rouge Metropolitan Council.7 (2) The district shall be subject to audit by the legislative auditor8 pursuant to R.S. 24:513.9 H. Miscellaneous provisions. (1) It is the purpose and intent of this10 Section that the additional law enforcement personnel and their services11 provided for through the fees authorized herein shall be supplemental to and12 not in lieu of personnel and services provided in the district by the city of Baton13 Rouge and East Baton Rouge Parish.14 (2) If the district ceases to exist, any funds of the district shall be15 transmitted to the governing authority of East Baton Rouge Parish and shall be16 used for law enforcement purposes in the area which comprised the district.17 I. Indemnification and exculpation. (1) The district shall indemnify its18 officers and board members to the fullest extent permitted by R.S. 12:227, as19 fully as if the district were a nonprofit corporation governed thereby, and as20 may be provided in the district's bylaws.21 (2) No board member or officer of the district shall be liable to the22 district or to any individual who resides, owns property, visits, or otherwise23 conducts business in the district for monetary damages for breach of his duties24 as a board member or officer, provided that the foregoing provision shall not25 eliminate or limit the liability of a board member or officer for any of the26 following:27 (a) Acts or omissions not in good faith or which involve intentional28 misconduct or a knowing violation of law.29 SB NO. 25 SLS 13RS-131 REENGROSSED Page 6 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (b) Any transaction from which he derived an improper personal1 benefit.2 (3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.3 9:2792.1 through 2792.9, a person serving the district as a board member or4 officer shall not be individually liable for any act or omission arising out of the5 performance of his duties.6 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Michael Bell. DIGEST Broome (SB 25) Proposed law creates the Southern Heights Neighborhood Crime Prevention and Improvement District in East Baton Rouge Parish to aid in crime prevention and improvement of areas within the district. Further provides for the boundaries of the district. Proposed law provides for governance of the district by a seven-member board of commissioners, each of whom must reside within the district and be a registered voter in the district. Members of the board shall serve without compensation and shall serve terms of two or three years, as determined by proposed law. Proposed law provides for the powers and duties of the district as follows: (1)To sue and be sued. (2)To adopt and use a corporate seal. (3)To receive and spend funds collected pursuant to proposed law in accordance with a budget adopted in accordance with proposed law. (4)To enter into contracts for security patrols or other programs in the district. (5)To perform other functions or activities necessary for achieving any purpose of the district. (6)To purchase items necessary to achieve any purpose of the district. Proposed law provides for the levy, subject to voter approval, of a parcel fee on improved and unimproved parcels within the district. The fee shall be as provided by duly adopted resolution of the board and shall not exceed $100 per parcel per year. Proposed law provides that not less than five years after voter approval, the governing authority of the district may increase the amount of the fee, without an election, not to exceed $150 per parcel per year. Proposed law further provides that the fee shall expire 10 years after its initial imposition, but may be renewed subject to voter approval. Proposed law provides that the fee shall be collected at the same time and in the same manner as ad valorem taxes are collected by the parish. Further provides that any parcel fee shall be enforced with the same authority and subject to the same penalties as ad valorem SB NO. 25 SLS 13RS-131 REENGROSSED Page 7 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. taxes. Proposed law provides for the adoption of an annual budget for the district and provides that the district shall be subject to audit by the legislative auditor. Proposed law provides that if the district ceases to exist, all funds of the district shall be transmitted to the governing authority of East Baton Rouge Parish and shall be used for law enforcement purposes in the area comprising the district. Proposed law provides for indemnification of board members by the district and limits board member liability for acts or omissions arising out of the performance of a member's duties. Effective August 1, 2013. (Adds R.S. 33:9097.19)