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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
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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
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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
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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
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(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
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(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
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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)