Louisiana 2018 Regular Session

Louisiana House Bill HB837 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 704
2018 Regular Session
HOUSE BILL NO. 837
BY REPRESENTATIVE MARCELLE
1	AN ACT
2 To amend and reenact R.S. 33:9099.1 and to enact R.S. 33:9099.4, relative to crime
3 prevention districts; to provide relative to the powers and duties of such districts
4 including the authority to impose a parcel fee; to provide relative to the liability of
5 board members; to provide relative to the budgets of such districts; to provide
6 relative to the authority of the governing authority and the tax collector of the parish
7 in which the district is located; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 33:9099.1 is hereby amended and reenacted and R.S. 33:9099.4 is
10 hereby enacted to read as follows:
11 §9099.1.  Renewal of parcel fee
12	A.  Notwithstanding any other provision of law, an election to renew a parcel
13 fee imposed within any crime prevention and security district or improvement
14 district, created pursuant to Chapter 29 of Title 33 of the Louisiana Revised Statutes
15 of 1950, may be held at an election held for that purpose in accordance with the
16 Louisiana Election Code.
17	B.  Notwithstanding any other provision of law, any crime prevention district
18 imposing a parcel fee may spend proceeds of the parcel fee for the following
19 purposes if such use of the proceeds is approved by a majority of the voters of the
20 district who vote on a proposition that authorizes such use:
21	(1)  To provide for the beautification of the public spaces within the district.
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1	(2)  To promote and encourage beautification of private spaces within the
2 district.
3	*          *          *
4 §9099.4.  Crime prevention districts; general provisions
5	A.(1)  Any crime prevention district created in Chapter 29 of Title 33 of the
6 Louisiana Revised Statutes of 1950 shall indemnify its officers and board members
7 to the fullest extent permitted by R.S. 12:227 as fully as if the district were a
8 nonprofit corporation governed thereby as may be provided in the district's bylaws.
9	(2)  To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.
10 9:2792.1 through 2792.9, a person serving the district as a board member or officer
11 shall not be individually liable for any act or omission arising out of the performance
12 of his duties.
13	B.  A crime prevention district, acting through its board of commissioners,
14 shall have the following powers and duties in addition to powers and duties
15 otherwise provided by law:
16	(1)  To purchase or lease items and supplies which the board deems
17 instrumental to achieving the purposes of the district.
18	(2)  To solicit, accept, and expend additional voluntary contributions and
19 grants to carry out the purposes of the district.
20	(3)  To procure and maintain liability insurance against any personal or legal
21 liability of a board member that may be asserted or incurred based upon service as
22 a member of the board or that may arise as a result of actions taken within the scope
23 and discharge of duties as a member of the board.
24	C.(1)  Notwithstanding any other provision of law, a parish which imposed
25 a parcel fee to fund a crime prevention district may delegate the authority to impose
26 subsequent parcel fees to the crime prevention district.
27	(2)  If a parish governing authority delegates its authority to impose a parcel
28 fee pursuant to Paragraph (1) of this Subsection and the district imposes a parcel fee:
29	(a)  The district's budget shall not be subject to the approval of the parish
30 governing authority.
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1	(b)  The parish sheriff or other tax collector shall remit amounts collected
2 pursuant to a fee imposed by the district directly to the district.
3 Section 2.  Notwithstanding R.S. 33:9099.4(C) as enacted by this Act, the governing
4 authority of a parish imposing a parcel fee on the effective date of this Act shall continue to
5 impose and collect the parcel fee for the remainder of the period that it has been authorized
6 to do so by the voters of the relevant crime prevention district unless a subsequent parish fee
7 is approved by the voters.  At no time shall a property owner in a crime prevention district
8 be subject to an annual parcel fee, whether paid to the district or to the parish on behalf of
9 the district or both, that exceeds the rate limit established either by law or by a proposition
10 authorizing the imposition of the fee within the district.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.