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Regular Session, 2013 ENROLLED
SENATE BILL NO. 25
BY SENATOR BROOME
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
state as defined in the Constitution of Louisiana.18
B. Boundaries. The boundaries of the district shall be coterminous with19
the boundaries of the Southern Heights Neighborhood in East Baton Rouge20
Parish as established in the official subdivision plat filed with the clerk of court21
of East Baton Rouge Parish.22
C. Purpose. The purpose of the district shall be to aid in crime23
prevention and to add to the security of district residents by providing for an24
increase in the presence of law enforcement personnel in the district and to25
serve the needs of the residents of the district by funding beautification and26
improvements for the overall betterment of the district.27
ACT No. 338 SB NO. 25 ENROLLED
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D. Governance. (1) The district shall be governed by a board of1
commissioners consisting of seven members as follows:2
(a) The board of directors of the Southern Heights Property Owners3
Association, Inc., shall appoint three members.4
(b) The member or members of the Louisiana House of Representatives5
who represent the area which comprises the district shall appoint one member.6
(c) The member or members of the Louisiana Senate who represent the7
area which comprises the district shall appoint one member.8
(d) The assessor for the parish of East Baton Rouge shall appoint one9
member.10
(e) The Metro Council member or council members who represent the11
district shall appoint one member.12
(2) All members of the board shall own property and reside within the13
district.14
(3)(a) The terms of the members appointed pursuant to Subparagraph15
(1)(a) of this Subsection shall be two years.16
(b) The terms of the members serving pursuant to Subparagraphs (1)(b)17
through (e) of this Subsection shall be three years.18
(4) The members of the board shall select from among themselves a19
president and such other officers as they deem appropriate. The terms and20
responsibilities of officers shall be as provided by the bylaws of the board.21
(5) The members of the board shall serve without compensation and22
shall not receive reimbursement for expenses.23
E. Powers and duties. The district, acting through its board of24
commissioners, shall have the following powers and duties:25
(1) To sue and be sued.26
(2) To adopt, use, and alter at will a corporate seal.27
(3) To receive and expend funds collected pursuant to Subsection F of28
this Section and in accordance with a budget adopted as provided by Subsection29
G of this Section.30 SB NO. 25 ENROLLED
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(4) To accept private grants and donations.1
(5) To enter into contracts with individuals or entities, private or public,2
for the provision of security patrols in the district.3
(6) To purchase items and supplies which the board deems instrumental4
to achieving the purpose of the district.5
(7) To acquire, lease, insure, and sell immovable property within the6
boundaries of the district in accordance with district plans.7
(8) To perform or have performed any other function or activity8
necessary for the achievement of the purpose of the district.9
F. Parcel fee. The governing authority of East Baton Rouge Parish is10
hereby authorized to impose and collect a parcel fee within the district subject11
to and in accordance with the provisions of this Subsection:12
(1)(a) The fee shall be imposed on each improved and unimproved13
parcel located within the district.14
(b) For the purposes of this Section, a parcel shall be defined as a lot, a15
subdivided portion of ground, or an individual tract on which a residential or16
commercial structure is situated; however, the term "parcel" shall not include17
"condominium parcel" or "condominium property" as defined in R.S.18
9:1121.103.19
(2)(a)(i) The initial amount of the fee shall be as requested by duly20
adopted resolution of the governing authority of the district. The initial fee21
shall not exceed one hundred dollars per parcel per year.22
(ii) The fee shall be imposed only after the question of its imposition has23
been approved by a majority of the registered voters of the district voting on the24
proposition at an election held for that purpose in accordance with the25
Louisiana Election Code. Not less than thirty days prior to any election held to26
approve such parcel fee, the board of commissioners shall mail notification of27
the upcoming election to each registered voter of the district and to the owner28
of a parcel if the owner is not a registered voter of the district.29
(b) Not less than five years after approval of the parcel fee by a majority30 SB NO. 25 ENROLLED
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of the registered voters of the district, the governing authority of the district1
may increase the amount of the parcel fee one time without an election. The2
amount of the increased fee shall be as provided in a duly adopted resolution of3
the board, not to exceed one hundred fifty dollars per parcel per year.4
(3) A parcel fee shall expire ten years after its levy but may be renewed5
if the renewal is approved by the voters in the manner provided in6
Subparagraph (2)(a) of this Subsection. The renewed fee shall not exceed one7
hundred fifty dollars per parcel per year. If renewed, the term of the imposition8
of the fee shall be as provided in the proposition authorizing such renewal, not9
to exceed ten years.10
(4) The owner of the parcel is responsible for payment of the fee.11
(5) The fee shall be collected at the same time and in the same manner12
as ad valorem taxes are collected by the sheriff, as ex officio tax collector, of13
East Baton Rouge Parish. The sheriff shall collect and remit to the district all14
amounts collected not more than sixty days after collection; however, the15
district may enter into an agreement with the sheriff to authorize the sheriff to16
retain a collection fee.17
(6) Any parcel fee shall be added to the tax rolls of East Baton Rouge18
Parish and shall be enforced with the same authority and subject to the same19
penalties and procedures as ad valorem taxes.20
G. Budget. (1) The board of commissioners shall adopt an annual21
budget in accordance with the Louisiana Local Government Budget Act, R.S.22
39:1301 et seq.23
(2) The district shall be subject to audit by the legislative auditor24
pursuant to R.S. 24:513.25
H. Miscellaneous provisions. (1) It is the purpose and intent of this26
Section that the additional law enforcement personnel and their services27
provided for through the fees authorized herein shall be supplemental to and28
not in lieu of personnel and services provided in the district by the city of Baton29
Rouge and East Baton Rouge Parish.30 SB NO. 25 ENROLLED
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(2) If the district ceases to exist, any funds of the district shall be1
transmitted to the governing authority of East Baton Rouge Parish and shall be2
used for law enforcement purposes in the area which comprised the district.3
I. Indemnification and exculpation. (1) The district shall indemnify its4
officers and board members to the fullest extent permitted by R.S. 12:227, as5
fully as if the district were a nonprofit corporation governed thereby, and as6
may be provided in the district's bylaws.7
(2) No board member or officer of the district shall be liable to the8
district or to any individual who resides, owns property, visits, or otherwise9
conducts business in the district for monetary damages for breach of his duties10
as a board member or officer, provided that the foregoing provision shall not11
eliminate or limit the liability of a board member or officer for any of the12
following:13
(a) Acts or omissions not in good faith or which involve intentional14
misconduct or a knowing violation of law.15
(b) Any transaction from which he derived an improper personal16
benefit.17
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.18
9:2792.1 through 2792.9, a person serving the district as a board member or19
officer shall not be individually liable for any act or omission arising out of the20
performance of his duties.21
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: