Louisiana 2019 2019 Regular Session

Louisiana House Bill HB406 Comm Sub / Analysis

                    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)]
HB 406 Original	2019 Regular Session	Ivey
Abstract:  Creates the Fairwood Crime Prevention and Improvement District in East Baton Rouge
Parish.
Proposed law creates the Fairwood Crime Prevention and Improvement District in East Baton Rouge
Parish for the purpose of promoting and encouraging the beautification, security, and betterment of
the district.  Provides for district boundaries.
Proposed law provides that the district shall be governed by a five-member board of commissioners,
all of whom shall own property in and be residents and qualified voters of the district, composed as
follows:
(1)One member appointed by the board of directors of the Country Ridge Homeowners Assoc.
(2)One member appointed by the board of directors of the Fairwood Estates Homeowners
Assoc.
(3)One member appointed by the board of directors of the Sherwood Manor Homeowners
Assoc.
(4)One member appointed by the member of the La. House of Representatives whose district
encompasses all or the greater portion of the area of the district.
(5)One member appointed by the member of the La. Senate whose district encompasses all or
the greater portion of the area of the district.
Proposed law provides that members serve without compensation but shall be reimbursed for their
reasonable out-of-pocket expenses directly related to the governance of the district, not to exceed
$100 per year.
Proposed law provides relative to the powers and duties of the district.
Proposed law authorizes the district, subject to voter approval, to impose and collect a parcel fee
within the district.  Provides that the amount of the fee shall not be more than $100 per residential
parcel per year and $500 per commercial parcel per year.  Requires that the fee not exceed $40 per
residential parcel during the 1st year and $200 per commercial parcel during the 1st year.  Requires
that a fee be imposed on each parcel located within the district. Proposed law defines "parcel" as a lot, a subdivided portion of ground, or an individual tract.
Proposed law provides that the fee shall expire 15 years after its initial levy but authorizes renewal
of that fee.  Provides that the term of the imposition of the fee shall be as provided in the proposition
authorizing such renewal, not to exceed 15 years.  Further provides that the fee shall be collected at
the same time and in the same manner 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.  Requires the tax collector to remit amounts collected to the
district not later than 60 days after collection, but authorizes the board to enter into a contract with
the tax collector authorizing the tax collector to retain a collection fee.
Proposed law provides that the district shall adopt an annual budget in accordance with present law
(R.S. 39:1301 et seq.) and shall be subject to audit by the legislative auditor's office.
Proposed law provides that the intent of proposed law is to enhance the law enforcement personnel
and services provided by the city and not to be in lieu of such services.  Further provides that if the
district ceases to exist, all of its funds shall be transmitted to the governing authority of the parish
of East Baton Rouge and shall be used for law enforcement purposes in the area formerly comprising
the district.  Further provides that upon dissolution of the district, the authority to levy the parcel fee
provided for in proposed law shall cease.
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 upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:9097.30)