Louisiana 2014 2014 Regular Session

Louisiana House Bill HB928 Introduced / Bill

                    HLS 14RS-501	ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 928
BY REPRESENTATIVE HUNTER
DISTRICTS/SPECIAL: Creates the Monroe-West Monroe Improvement and Security
District
AN ACT1
To enact R.S. 33:9091.22, relative to the cities of Monroe and West Monroe; to create the2
Monroe-West Monroe Improvement and Security District; to provide relative to the3
purpose, governance, and powers and duties of the district; to provide for the4
imposition of a parcel fee and for the use thereof; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1.  R.S. 33:9091.22 is hereby enacted to read as follows:10
ยง9091.22.  Monroe-West Monroe Improvement and Security District11
A. Creation.  There is hereby created within the parish of Ouachita, as more12
specifically provided in Subsection B of this Section, a body politic and corporate13
which shall be known as the Monroe-West Monroe Improvement and Security14
District, referred to in this Section as the "district". The district shall be a political15
subdivision of the state as defined in the Constitution of Louisiana.16
B. Boundaries. The boundaries of the district shall be coterminous with the17
boundaries of cities of Monroe and West Monroe.18 HLS 14RS-501	ORIGINAL
HB NO. 928
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C. Purpose.  The district is established for the primary object and purpose of1
promoting and encouraging the beautification, security, and overall betterment of the2
district.3
D. Governance.  (1)  In order for the orderly development and effectuation4
of the services to be furnished by the district and to provide for the representation in5
the affairs of the district of those persons and interests immediately concerned with6
and affected by the purposes and development of the area included within the7
district, the affairs of the district shall be managed by the following persons:8
(a) Two members appointed by the member of the Louisiana Legislature9
who represents House District No. 17.10
(b) One member appointed by the member of the Louisiana Senate whose11
district encompasses all or the greater portion of the area of the district.12
(c)  One member appointed by the mayor of the city of Monroe.13
(d)  One member appointed by the mayor of West Monroe.14
(2) The minute books and archives of the district shall be maintained by the15
board's secretary.  The monies, funds, and accounts of the district shall be in the16
official custody of the board.17
(3) The duties of the officers shall be fixed by bylaws adopted by the board.18
The board shall adopt such rules and regulations as it deems necessary or advisable19
for conducting its business affairs. It shall hold regular meetings as shall be provided20
in the bylaws and may hold special meetings at such times and places within the21
district as may be prescribed in the bylaws.22
(4) A majority of the members of the board shall constitute a quorum for the23
transaction of business. The board shall keep minutes of all meetings and shall make24
them available through the board's secretary to residents of the district.25
(5)  The members of the board shall serve without compensation.26
E. Powers and duties.  The district, acting through the board, shall have the27
following powers and duties:28 HLS 14RS-501	ORIGINAL
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(1)  To receive and expend funds collected pursuant to Subsection F of this1
Section and in accordance with a budget adopted as provided by Subsection G of this2
Section.3
(2) To enter into contracts with individuals or entities, private or public, for4
the provision of security patrols in the district.5
(3)  To purchase items and supplies which the board deems instrumental to6
achieving the purpose of the district.7
(4) To perform or have performed any other function or activity necessary8
for the achievement of the purpose of the district.9
F. Parcel fee.  The governing authorities of the city of Monroe and West10
Monroe are hereby authorized to impose and collect a parcel fee within the district11
subject to and in accordance with the provisions of this Subsection.12
(1) The amount of the fee shall be as requested by duly adopted resolution13
of the board. The fee shall be a flat fee per parcel of land, and the initial fee shall be14
sixteen hundred fifty-two dollars per year for each parcel.15
(2)(a)  The fee shall be imposed on each parcel located within the district.16
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion17
of ground, an individual tract, or a "condominium parcel" as defined in R.S.18
9:1121.103.19
(c)  The owner of each parcel shall be responsible for payment of the fee.20
(3)(a) The fee shall be imposed only after the question of its imposition has21
been approved by a majority of the registered voters of the district voting on the22
proposition at an election held for that purpose in accordance with the Louisiana23
Election Code.24
(b) The amount of the fee may be increased or decreased by duly adopted25
resolution of the board if approved by a majority of the registered voters of the26
district voting on the proposition at an election as provided in Subparagraph (a) of27
this Paragraph.28 HLS 14RS-501	ORIGINAL
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(4) The fee shall be collected at the same time and in the same manner as ad1
valorem taxes on property subject to taxation by the city are collected.2
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the3
parish and shall be enforced with the same authority and subject to the same4
penalties and procedures as unpaid ad valorem taxes.5
(6)(a) The proceeds of the fee shall be used solely and exclusively for the6
purpose and benefit of the district; however, the city may retain one percent of the7
amount collected as a collection fee.8
(b) The cities of Monroe and West Monroe shall remit to the district all9
amounts collected not more than sixty days after collection.10
G. Budget.  (1)  The board shall adopt an annual budget in accordance with11
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.12
(2) The district shall be subject to audit by the legislative auditor pursuant13
to R.S. 24:513.14
H. Miscellaneous provisions.  (1)  It is the purpose and intent of this Section15
that the additional law enforcement or security personnel and their services provided16
for through the fees authorized in this Section shall be supplemental to and not in17
lieu of personnel and services provided in the district by the cities of Monroe and18
West Monroe.19
(2) If the district ceases to exist, all funds of the district shall be transmitted20
by the board to the cities of Monroe and West Monroe, and such funds, together with21
any other funds collected by the cities of Monroe and West Monroe pursuant to this22
Section, shall be maintained in a separate account by the city and shall be used only23
to promote, encourage, and enhance the security, beautification, and overall24
betterment of the area included in the district.25
Section 2. The Louisiana State Law Institute shall establish a Part of Chapter 29 of26
Title 33 entitled "Ouachita Parish" and place the section enacted by this Act in that Part.27 HLS 14RS-501	ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Hunter	HB No. 928
Abstract: Creates the Monroe-West Monroe Improvement and Security District in Orleans
Parish for the purpose of promoting and encouraging the beautification, security, and
overall betterment of the district. Provides for a board of commissioners and for the
imposition and use of a parcel fee.
Proposed law creates the Monroe-West Monroe Improvement and Security District in
Ouachita Parish as a political subdivision of the state for the purpose of promoting and
encouraging the beautification, security, and overall betterment of the district. Provides that
the district boundaries shall be coterminous with the cities of Monroe and West Monroe.
Proposed law provides that the district has the following powers and duties:
(1)To receive and expend funds collected pursuant to proposed law and in accordance
with a budget adopted as provided by proposed law.
(2)To enter into contracts with individuals or entities, private or public, for the
provision of security patrols.
(3)To purchase items and supplies instrumental to achieving the district's purpose.
(4)To perform or have performed any other function or activity necessary for achieving
the district's purpose.
Proposed law authorizes the governing authority of the cities of Monroe and West Monroe,
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
may be increased or decreased, subject to voter approval. Provides for a reduced combined
parcel fee if multiple adjacent parcels are combined for the purpose of housing a single
family dwelling. Provides relative to calculating the combined parcel fee.  Defines a parcel
as a lot, a subdivided portion of ground, an individual tract, or a condominium parcel as
defined in present law (R.S. 9:1121.103).
Proposed law provides that the fee shall be collected in the same manner and at the same
time as ad valorem taxes and that any unpaid fee shall 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.  Proposed law requires that the fee proceeds be used solely and exclusively
for the district's purpose and benefit. Authorizes the city to retain 1% of the amount
collected as a collection fee and requires the city to remit to the district all amounts collected
not more than 60 days after collection.
Proposed law requires the district's 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.
Proposed law provides that it is the purpose and intent of proposed law that the additional
law enforcement personnel and their services provided for through the fees authorized by
proposed law shall be supplemental to and not in lieu of personnel and services provided in
the district by the police departments of Monroe and West Monroe. HLS 14RS-501	ORIGINAL
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Proposed law requires the district's board, if the district ceases to exist, to transmit all district
funds to the cities. Requires that such funds together with any other funds collected by the
city pursuant to proposed law be maintained in a separate account by the city. Requires that
such funds be used only to promote, encourage, and enhance the security, beautification, and
overall betterment of the area included in the district.
(Adds R.S.33:9091.22)