Louisiana 2023 Regular Session

Louisiana House Bill HB565 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 175
2023 Regular Session
HOUSE BILL NO. 565
BY REPRESENTATIVES FREIBERG, CARRIER, ECHOLS, FONTENOT, LAFLEUR,
MARCELLE, SELDERS, AND THOMPSON
1	AN ACT
2 To enact R.S. 33:9097.37, relative to East Baton Rouge Parish, to create the University
3 Security District; to provide relative to the boundaries, purpose, governance, and
4 powers and duties of the district; to provide relative to district funding, including the
5 authority to impose a parcel fee within the district; to provide for an effective date;
6 and to provide for related matters.
7	Notice of intention to introduce this Act has been published
8	as provided by Article III, Section 13 of the Constitution of
9	Louisiana.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1.  R.S. 33:9097.37 is hereby enacted to read as follows:
12 ยง9097.37.  University Security District
13	A.  There is hereby created within the parish of East Baton Rouge, as more
14 specifically provided in Subsection B of this Section, a body politic and corporate
15 which shall be known as the University Security District, referred to in this Section
16 as the "district".  The district shall be a political subdivision of the state as defined
17 in the Constitution of Louisiana.
18	B.  The district shall encompass an area within the city of Baton Rouge,
19 generally bounded on the north by Roosevelt Street, on the east by University Lake,
20 Parker Blvd, and Burbank Drive, on the south by River Road, Laurel Lakes Sub. and
21 Farr Park, and on the west by River Road, exclusive of the Riverbend Crime
22 Prevention and Improvement District, and being more fully described as follows:
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1	Commence at a point which is the intersection of the west right of way line
2 of River Road with the extension of the north right of way line of West Roosevelt
3 St.;
4	Thence proceed in an easterly direction along the north right of way line of
5 West Roosevelt St., across Highland Rd to East Roosevelt St., and continuing
6 easterly across Thomas Delpit Dr., then southerly and easterly along the north right
7 of way line of East Roosevelt St. to its intersection with the southwest property line
8 of McKinley High School property;
9	Thence proceed in a southeasterly then easterly direction along the south
10 boundary of McKinley High School to a point which is the intersection of the
11 southeast boundary of McKinley High School with the edge of water of a body of
12 water commonly referred to as Lake Crest;
13	Thence proceed in a southerly and easterly direction along the westerly and
14 southerly edge of Lake Crest to a point which is the intersection of the extension of
15 the southern edge of Lake Crest with the east right of way line of Dalrymple Dr.;
16	Thence proceed in a southerly direction along the east right of way line of
17 Dalrymple Drive to the southwest corner of Lot 3 of the division of a portion of Lot
18 27, Richland Plantation;
19	Thence proceed easterly along the south line of Lot 3 of the division of a
20 portion of Lot 27, Richland Plantation the water's edge of University Lake;
21	Thence proceed in a general southeasterly direction following along the
22 various meanders of the water's edge of University Lake as it existed in April of
23 2023, continuing along the water's edge along the south side of West Lakeshore Dr.
24 to a point which is the intersection of the extension of the existing water's edge of
25 University Lake with the center of Corporation Canal, at a point which is 30 feet
26 south of the centerline of West Lakeshore Dr.;
27	Thence proceed southerly along a line that is parallel to and 30 feet south and
28 east of the centerline of West Lakeshore Dr. to a point which is the intersection of
29 a line that is 30 feet east of the centerline of the East Parker Blvd roadway;
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1	Thence proceed in a southwesterly direction along a line that is 30 feet
2 southeast of the centerline of East Parker Blvd. to a point which is the northwest
3 corner of Lot 1-A, Lehavre Subdivision, which point is also on the south right of way
4 line of East Parker Blvd.;
5	Thence proceed along the south right of way line of East Parker Blvd. to the
6 intersection of the north right of way line of Highland Rd.;
7	Thence proceed in a southeast direction along the north right of way line of
8 Highland Rd. to a point which is the intersection of the northeasterly extension of the
9 easterly line of Lot A-2 of the former Hazel L. Kelley property with the north right
10 of way line of Highland Rd.;
11	Thence proceed across Highland Rd along the southeast line of Lot A-2 of
12 the former Hazel L. Kelley property to the north line of Highland Estates, aka,
13 Highland Hideaway Townhomes;
14	Thence proceed in an westerly and southerly direction along the southeast
15 line of said Highland Estates, aka, Highland Hideaway Townhomes, across the east
16 branch of Bayou Fountain, and along the southeast line of Lot 4-A of the J.T.
17 Williams Subdivision to the north right of way line of Burbank Dr.;
18	Thence proceed in a southeasterly direction along the north right of way line
19 of Burbank Dr. to the intersection of the west right of way line of West Lee Dr.;
20	Thence proceed in a northeasterly direction along the west right of way line
21 of West Lee Dr. to a point which is on the extension of the north line of Parcel 7,
22 Circle N Ranch property;
23	Thence proceed in a southeasterly direction along the north line of Parcel 7,
24 Circle N Ranch property, crossing  Ben Hur Rd., and along the north and east line
25 of Tract D-1-A of the Nelson Property to a point of the north right of way line of
26 Burbank Dr.;
27	Thence proceed in a southeasterly direction along the north right of way line
28 of Burbank Dr to a point which is 600 feet south of the southeast corner of Lot 8-A,
29 University Acres Subdivision;
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1	Thence proceed in a southwesterly direction, across Burbank dr., to a point
2 which is the most northerly corner of Tract C-2-A-1-A-1 of the Nelson Property;
3	Thence proceed in a southerly direction along the east line of Tract
4 C-2-A-1-A-1 of the Nelson Property to the southeast corner of Tract C-2-A-1-A-1
5 of the Nelson Property;
6	Thence proceed in a southeasterly and easterly direction along the east
7 property lines of Tracts C-2-A-1-A-1, C-2-A-2-A and C-2-A-3-A  of the Nelson
8 Property to a point on the north right of way line of Nicholson Dr.;
9	Thence proceed in a southeasterly direction along the north right of way line
10 of Nicholson Dr. to a point which is the intersection of the east property line of the
11 LSU Ag Center site, said line being the west line of Section 79, Township 8 South,
12 Range 1 East and Section 73, Township 8 South , Range 1 West;
13	Thence proceed in a southerly direction along said Section line to a point
14 which is the intersection of said Section line with the southerly right of way line of
15 River Rd.;
16	Thence proceed in a westerly direction along the south right of way line of
17 River Rd. to the intersection of the west property line of the LSU Ag Center Site,
18 said line being the west line of Section 65, Township 8 South, Range 1 West;
19	Thence proceed northerly along the west property line of the LSU Ag center
20 Site, said line being the west line of Section 65, Township 8 South, Range 1 East to
21 the northwest corner of said Section 65;
22	Thence proceed in an easterly direction along the north line of said Section
23 65 to the northeast corner of Section 65, said corner being the southwest corner of
24 Section 41, Township 8 South, Range 1 West;
25	Thence proceed northerly along the west line of said Section 41 to the south
26 property line of Laurel Lakes Estates Subdivision;
27	Thence proceed along the property line of Laurel Lakes Estates Subdivision
28 in an easterly, then northerly, then westerly direction to a point on the eastern line
29 of Riverbend Subdivision Third filing;
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1	Thence proceed in a northerly direction along the east line of Riverbend
2 Subdivision, Third and First Filings to a point at the northeast corner of Lot 65 of
3 Riverbend Subdivision, First Filing;
4	Thence proceed in a easterly, then northerly, then northwesterly direction
5 along the property line of Tract X, Riverbend Subdivision, First filing to the east line
6 of Riverbend Subdivision, Fifth Filing, said point being the southeast corner of Lot
7 314 of said Riverbend Subdivision Fifth filing;
8	Thence proceed in a northerly direction along the east line of Riverbend
9 Subdivision Fifth Filing to the south right of way line of Brightside Lane;
10	Thence proceed in a westerly direction along the south right of way line of
11 Brightside Lane to a point which is on the west line of Riverbend Subdivision,
12 Eighth Filing;
13	Thence proceed in a westerly and southerly direction along the west line of
14 Riverbend Subdivision Eighth Filing to the southwest corner of Lot 810, said point
15 being the southeast corner of Riverbend Landing Subdivision, Third Filing, Part 3;
16	Thence proceed in a westerly direction along the south line of Riverbend
17 Landing Subdivision, Third Filing, Parts 3, 4 and Second Filings to the southwest
18 corner of Lot 658-A, Riverbend Landing Subdivision, Second Filing, said point
19 being on the east line of Lake Beau Pre' Subdivision;
20	Thence proceed in a southerly then westerly direction along the east and
21 south line of Lake Beau Pre' Subdivision and Lake Beau Pre' Townhomes, said south
22 line of Lake Beau Pre' and Lake Beau Pre' Townhomes also being the north line of
23 Tracts A, B and M-1-A of the BREC Farr Park, to the west right of way line of River
24 Road;
25	Thence proceed in a northerly direction along the west right of way line of
26 River Road to the point of beginning.
27	C.  The purpose of the district shall be to aid in crime prevention and to add
28 to the security of district residents by providing for an increase in the presence of law
29 enforcement personnel in the district and to serve the needs of the residents of the
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1 district by funding beautification and improvements for the overall betterment of the
2 district.
3	D.(1)  The district shall be governed by an eleven-member board of
4 commissioners, referred to in this Section as the "board".  The board shall be
5 composed as follows:
6	(a)  The president of Louisiana State University and Agricultural and
7 Mechanical College shall appoint four members.
8	(b)  The board of directors of the Northgate Merchants Association shall
9 appoint one member.
10	(c)  The board of directors of the Southgate Merchants Association shall
11 appoint one member.
12	(d)  The member of the Louisiana House of Representatives whose district
13 encompasses all or the greater number of property owners in the area of the district
14 shall appoint one member.
15	(e)  The member of the Louisiana Senate whose district encompasses all or
16 the greater number of property owners in the area of the district shall appoint one
17 member.
18	(f)  A person appointed by each councilperson of the East Baton Rouge
19 Metropolitan Council whose district, either wholly or in part, is included in the
20 boundaries of the district.
21	(2)  Except for those members appointed by the president of Louisiana State
22 University and Agricultural and Mechanical College, all members of the board shall
23 own property and reside within the district and shall be qualified voters of the
24 district.
25	(3)(a)  Members shall serve four-year terms after initial terms as provided in
26 this Subparagraph.  Three members shall serve an initial term of one year; three shall
27 serve two years; three shall serve three years, and two shall serve four years, as
28 determined by lot at the first meeting of the board.
29	(b)  Any vacancy which occurs prior to the expiration of the term for which
30 a member of the board has been appointed shall be filled for the remainder of the
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1 unexpired term in the same manner as the original appointment.  Board members
2 shall be eligible for reappointment.
3	(4)  The board shall elect from its members a chairman, a vice chairman, a
4 secretary, a treasurer, and such other officers as it may deem necessary.  The duties
5 of the officers shall be fixed by the bylaws adopted by the board.
6	(5)  The minute books and archives of the district shall be maintained by the
7 secretary of the board.  The monies, funds, and accounts of the district shall be in the
8 official custody of the board.
9	(6)  The board shall adopt such bylaws as it deems necessary or advisable for
10 conducting its business affairs.  Rules and regulations of the board relative to the
11 notice and conduct of meetings shall conform to applicable law, including, if
12 applicable, the Open Meetings Law.  The board shall hold regular meetings as shall
13 be provided for in the bylaws and may hold special meetings at such times and
14 places within the district as may be prescribed in the bylaws.
15	(7)  The members of the board shall serve without compensation but shall be
16 reimbursed for their reasonable out-of-pocket expenses directly related to the
17 governance of the district.
18	E.  The district, acting through its board, shall have the following powers and
19 duties:
20	(1)  To sue and be sued.
21	(2)  To adopt, use, and alter at will a corporate seal.
22	(3)  To receive and expend funds collected pursuant to Subsections F and G
23 of this Section and in accordance with a budget adopted as provided by Subsection
24 H of this Section.
25	(4)  To enter into contracts with individuals or entities, private or public.
26	(5)  To provide or enhance security patrols in the district, to provide for
27 improved lighting, signage, or matters relating to the security of the district, to
28 provide for the beautification of and improvements for the district, or to provide
29 generally for the overall betterment of the district.
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1	F.  The district, through the board, may impose and collect a parcel fee within
2 the district subject to and in accordance with the provisions of this Subsection.
3	(1)(a)  The fee shall be imposed on each improved and unimproved parcel
4 located within the district.  The owner of the parcel shall be responsible for payment
5 of the fee.
6	(b)  For purposes of this Section, the fee shall be a flat fee per parcel not to
7 exceed four hundred dollars per year for unimproved parcels zoned residential, four
8 hundred dollars per year for unimproved and improved single-family parcels zoned
9 residential, six hundred dollars per year for multiple adjacent residential parcels
10 housing a single family dwelling; five thousand dollars per year for multi-family
11 parcels zoned residential, and five thousand dollars per year for unimproved and
12 improved parcels zoned commercial.
13	(2)(a)  The initial amount of the fee shall be as provided in a duly adopted
14 resolution of the governing authority of the district.  The initial fee shall not exceed
15 one hundred fifty dollars per parcel per year.
16	(b)  The fee shall be imposed only after the question of its imposition has
17 been approved by a majority of the registered voters of the district voting on the
18 proposition at an election held for that purpose in accordance with the Louisiana
19 Election Code.
20	(3)  Not less than three years after approval of the parcel fee by a majority of
21 registered voters of the district as provided in this Subsection, the governing
22 authority of the district may increase the amount of the parcel fee one time without
23 an election.  The amount of the increased fee shall be as provided in a duly adopted
24 resolution of the board, not to exceed two hundred fifty dollars per parcel per year.
25 However, the amount of the increased fee shall not exceed the maximum amount
26 provided in Subparagraph(1)(b) of this Subsection.
27	(4)  The parcel fee shall expire at the end of the term provided for in the
28 proposition authorizing the fee, not to exceed fifteen years, but the fee may be
29 renewed if approved by a majority of the registered voters of the district voting on
30 the proposition at an election as provided in Subparagraph (2)(b) of this Subsection.
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1 Any election to authorize the renewal of the fee shall be held for that purpose in
2 accordance with the Louisiana Election Code.  If the fee is renewed, the term of the
3 imposition of the fee shall be as provided in the proposition authorizing such
4 renewal, not to exceed fifteen years.
5	(5)  The fee shall be collected at the same time and in the same manner as ad
6 valorem taxes are collected by the sheriff, as ex officio tax collector, of the parish of
7 East Baton Rouge.  The sheriff shall collect and remit to the district all amounts
8 collected.  The district may enter into an agreement with the sheriff to authorize the
9 sheriff to retain a collection fee not to exceed one percent of the amount collected.
10	(6)  Any parcel fee which is unpaid shall be added to the tax rolls of East
11 Baton Rouge Parish and shall be enforced with the same authority and subject to the
12 same penalties and procedures as unpaid ad valorem taxes.
13	(7)  No fee shall be imposed on any parcel owned by the East Baton Rouge
14 Parish Housing Authority or its affiliated or subsidiary entities, including parcels
15 subject to a ground lease by the East Baton Rouge Parish Housing Authority.
16	G.  The district is authorized to solicit and accept additional voluntary
17 contributions and grants to further the purposes of the district.
18	H.(1)  The board of commissioners shall adopt an annual budget in
19 accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.
20	(2)  The district shall be subject to audit by the legislative auditor pursuant
21 to R.S. 24:513.
22	I.(1)  It is the purpose and intent of this Section that the additional law
23 enforcement personnel and their services provided for through the fees authorized
24 in this Section shall be supplemental to and not in lieu of personnel and services
25 provided in the district by the city of Baton Rouge, parish of East Baton Rouge.
26	(2)  If the district ceases to exist, any funds of the district shall be transmitted
27 to the governing authority of the city Baton Rouge, parish of East Baton Rouge and
28 shall be used for law enforcement purposes in the area which comprised the district.
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1	J.(1)  The district shall indemnify its officers and board members to the
2 fullest extent permitted by R.S. 12:227, as fully as if the district were a nonprofit
3 corporation governed thereby, and as may be provided in the district's bylaws.
4	(2)  No board member or officer of the district shall be liable to the district
5 or to any individual who resides, owns property, visits, or otherwise conducts
6 business in the district for monetary damages for breach of his duties as a board
7 member or officer, provided that this provision shall not eliminate or limit the
8 liability of a board member or officer for any of the following:
9	(a)  Acts or omissions not in good faith or which involve intentional
10 misconduct or a knowing violation of law.
11	(b)  Any transaction from which he derived an improper personal benefit.
12	(3)  To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.
13 9:2792.1 through 2792.9, a person serving the district as a board member or officer
14 shall not be individually liable for any act or omission arising out of the performance
15 of his duties.
16 Section 2.  This Act shall become effective upon signature by the governor or, if not
17 signed by the governor, upon expiration of the time for bills to become law without signature
18 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
19 vetoed by the governor and subsequently approved by the legislature, this Act shall become
20 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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