HLS 14RS-501 ORIGINAL Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 928 Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 928 Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 928 Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 928 Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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)