HLS 24RS-487 ORIGINAL 2024 Regular Session HOUSE BILL NO. 354 BY REPRESENTATIVE BRASS DISTRICTS/ROAD LIGHTING: Provides for the renaming of road lighting districts and the allocation of funding 1 AN ACT 2To amend and reenact the heading of Chapter 7 of Title 48 of the Louisiana Revised Statutes 3 of 1950, R.S. 48:1301, 1303, 1304, 1306, 1307, 1308, 1308.1, 1308.2, 1308.3, 4 1308.4, and 1309 and to enact R.S. 48:1306.1, relative to expanding the use of 5 security and road lighting district funds to allow for electronic safety equipment; to 6 change the name of road lighting districts to security and road lighting districts; to 7 allow for security and lighting district funds to be spent on electronic safety 8 equipment; and to provide for related matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. The heading of Chapter 7 of Title 48 of the Louisiana Revised Statutes 11of 1950, R.S. 48:1301, 1303, 1304, 1306, 1307, 1308, 1308.1, 1308.2, 1308.3, 1308.4, and 121309 are hereby amended and reenacted and R.S. 48:1306.1 is enacted to read as follows: 13 CHAPTER 7. SECURITY AND ROAD LIGHTING DISTRICTS 14 §1301. Authorization to create consolidated security and road lighting districts 15 The governing authority of any parish may create within such parish one or 16 more consolidated security and road lighting districts comprised of one or more 17 existing security and road lighting districts, together with, if so determined by the 18 governing authority, territory not within the boundaries of an existing security and 19 road lighting district. Consolidated security and road lighting districts so created 20 shall constitute security and road lighting districts within the meaning of Sub-section Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-487 ORIGINAL HB NO. 354 1 Subsection C.1 of Section 14 of Article XIV of the Constitution and, as such, shall 2 enjoy all rights, powers and privileges enjoyed by security and road lighting districts 3 under and by virtue of the provisions of said Sub-section, including the right to levy 4 taxes as provided therein. The governing authority of each such consolidated 5 security and road lighting district shall be the governing authority of the parish 6 creating the district. 7 * * * 8 §1303. Tax-levying power vested in consolidated district 9 At the expiration of such thirty-day period, security and road lighting districts 10 included in any such consolidated district shall no longer have the right to levy taxes, 11 and the said consolidated district shall be vested with full authority to levy taxes 12 within and for the consolidated district pursuant to and in accordance with the 13 original authorization for the levy of taxes granted to each of the underlying districts 14 included within the consolidated district. It shall be the duty of the governing 15 authority of the consolidated district to cause taxes to continue to be levied under and 16 in accordance with the original authorization granted to each of the security and road 17 lighting districts included within the consolidated district, and such taxes as may be 18 levied by the governing authority of the consolidated district shall, to the extent 19 hereafter provided, be entitled to the benefit of the exemption and to the reimbursal 20 authorized by R.S. 39:253. 21 §1304. Security and Road road lighting districts in existence prior to Aug. 1, 1956; 22 status as to exemptions; new territory 23 Where security and road lighting districts consolidated into any consolidated 24 district hereunder have been in existence prior to August 1, 1956, the creation of the 25 consolidated district will be solely for the purpose of continuing the security and 26 road lighting programs for which the districts so consolidated were originally 27 created, and the provisions of R.S. 39:253 shall be regarded as applicable in all 28 respects to taxes levied by any such consolidated district, and such district shall be 29 considered to be a district created prior to August 1, 1956, for all purposes of said Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-487 ORIGINAL HB NO. 354 1 section, provided, however, the exemption authorized herein shall not apply to new 2 territory added to any consolidated district as authorized herein, nor shall the 3 exemption apply to taxes levied by a consolidated district for the benefit of 4 underlying districts not eligible therefor under existing provisions of R.S. 39:253. 5 §1306. Power of parish governing authorities to create security and road lighting 6 districts 7 Parish governing authorities may create security and road lighting districts, 8 composed of territory wholly within a parish. A district so created shall be a 9 political and legal subdivision of the state, with full power to sue and be sued in its 10 corporate name. It may enter into contracts with any electric public utility to provide 11 and maintain electronic safety equipment and electric lights on the streets, roads, 12 highways, alleys, and public places of the district. 13 §1306.1. Electronic safety equipment 14 Parish governing authorities may utilize up to twenty-five percent of security 15 and road lighting district funds for electronic safety equipment within the security 16 and road lighting district. 17 §1307. Security and Road road lighting districts; designation 18 Each such district shall be designated Security and Road Lighting District 19 No. ______ of the parish of ______. The parish governing authority creating such 20 district shall be the governing authority thereof, and the parish treasurer shall be the 21 treasurer of the district. 22 §1308. Security and Road road lighting districts; tax levy 23 For the purpose of providing and maintaining such electronic safety 24 equipment and electric light on the streets, roads, highways, alleys, and public places 25 in such district, any security and road lighting district may levy taxes not to exceed 26 in any year five mills on the dollar on all of the taxable property within the 27 boundaries thereof, except railroad rights of way and tracks located thereon. 28 However, the special tax herein authorized shall not run for a longer period than ten 29 years, and the rate, purpose, and duration of any special tax first shall be submitted Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-487 ORIGINAL HB NO. 354 1 to the electors of the district in which the tax is to be levied at an election called and 2 held for that purpose in the same manner as provided by law for elections for levying 3 taxes for the purposes set out in Section 32 of Article VI of the constitution, and a 4 majority of those voting shall have voted in favor thereof. 5 §1308.1. Assumption Parish security and road lighting districts; tax levy 6 Notwithstanding the provisions of R.S. 48:1308, the governing authority of 7 any security and road lighting district within the parish of Assumption may levy 8 taxes not to exceed in any year twenty mills on the dollar on all of the taxable 9 property within the boundaries of the district. All other provisions and limitations 10 of R.S. 48:1308 shall apply to any tax so levied. 11 §1308.2. Terrebonne Parish security and road lighting districts; tax levy 12 Notwithstanding the provisions of R.S. 48:1308, the governing authority of 13 any security and road lighting district within the parish of Terrebonne may levy taxes 14 not to exceed in any year ten mills on the dollar on all of the taxable property within 15 the boundaries of the district. All other provisions and limitations of R.S. 48:1308 16 shall apply to any tax so levied. 17 §1308.3. Jefferson Parish security and road lighting districts; additional tax 18 In addition to the tax provided for in R.S. 48:1308, the governing authority 19 of the parish of Jefferson is hereby authorized to levy in any security and road 20 lighting district in the parish an additional tax not to exceed ten mills on the dollar 21 of assessed valuation for a period not to exceed ten years, if the question of levying 22 such tax is approved by the favorable vote of a majority of the electors of the district 23 voting in an election called for that purpose. The purpose of the additional tax shall 24 be to provide and maintain artificial lighting on the streets, roads, highways, alleys, 25 and public places in the district. 26 §1308.4. Millage limitation; certain parishes; voter approval 27 Notwithstanding any provision of law to the contrary which limits ad valorem 28 tax millage which may be imposed, the governing authority of any security and road 29 lighting district of a parish that has adopted a charter for local self-government or Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-487 ORIGINAL HB NO. 354 1 other home rule charter may levy special ad valorem tax millage in excess thereof, 2 provided such levy is not inconsistent with the parish charter or the Constitution of 3 Louisiana, for a period not to exceed ten years, if the question of levying such tax is 4 approved by the favorable vote of a majority of the electors of the district voting in 5 an election called for that purpose. 6 §1309. Service charge authorized for Ouachita Parish; assessment and collection 7 A.(1) The governing authority of any security and road lighting district 8 situated wholly within the geographical boundaries of Ouachita Parish is hereby 9 authorized to establish, by majority vote of the members of the authority, a service 10 charge or rates of service charge to be assessed to persons occupying residential and 11 nonresidential structures, and persons owning unoccupied structures located wholly 12 or partly within the boundaries of a security and road lighting district, and persons 13 owning lots located wholly or partly within the boundaries of a security and road 14 lighting district as customers of the district, subject to Subsection B of this Section. 15 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the 16 governing authority of any security and road lighting district situated wholly within 17 the geographical boundaries of Ouachita Parish may establish, by majority vote of 18 the members of the authority, a service charge or rates of service charge to be 19 assessed to persons owning parcels of immovable property located wholly or partly 20 within the boundaries of a security and road lighting district, subject to Subsection 21 B of this Section. 22 (3) Such service charge or rates of service charge shall be equal for all 23 customers and shall be framed so as to cover and shall be used for the cost of any and 24 all of the following components of security and road lighting district services: 25 (a) Payment of utility charges incurred in the provision of road lighting. 26 (b) The maintenance and operation of security and road lighting district 27 facilities and equipment. 28 (c) Cost of collection of service charges pursuant to Subsections C and D of 29 this Section. Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-487 ORIGINAL HB NO. 354 1 B. Service charges or rates of service charges so established shall be assessed 2 by resolution of the governing authority of the security and road lighting district. 3 However, the resolution assessing the service charges shall be adopted by the 4 governing authority only after the question of the assessment, the method of 5 assessment, and the amount of the service charge or rates of service charges 6 established have been submitted to and approved by a majority of electors of the 7 district voting at an election held for that purpose. Such election shall be conducted 8 in accordance with the election laws of the state and shall be held at the same time 9 that an election authorized by the provisions of R.S. 18:402 is held. 10 C. The governing authority of any security and road lighting district 11 assessing a service charge or rates of service charge for road lighting services to 12 customers of the district as provided in this Section shall also have the authority to 13 use any necessary and proper means to collect and enforce the collection of such 14 service charges, including contracting with another political subdivision within 15 Ouachita Parish or a utility regulated by the Louisiana Public Service Commission 16 to effect such collection. 17 D. Service charges assessed against the owners of parcels of immovable 18 property within a road lighting district pursuant to this Section shall be carried on the 19 tax rolls for Ouachita Parish and shall be added to the annual ad valorem tax bill for 20 such parcels. Such service charges shall be collected and become due and delinquent 21 at the same times as parish ad valorem taxes are collected and become due and 22 delinquent. The sheriff of Ouachita Parish may use any reasonable means to collect 23 and enforce the collection of such service charges, including any means authorized 24 by law for collection of taxes. The governing authority of the security and road 25 lighting district shall reimburse the sheriff an amount equal to five percent of the 26 amount of such service charges actually collected from property owners. The 27 collection charge shall be in addition to such service charges and shall also be added 28 to the ad valorem tax bill for such parcels. Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-487 ORIGINAL HB NO. 354 1 Section 2. The Louisiana State Law Institute is hereby authorized and directed to 2review all statutes which contain phrases being changed by this Act and in all locations it 3deems appropriate to change such references. 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 354 Original 2024 Regular Session Brass Abstract: Provides for changes to the name of road lighting districts to security and road lighting districts. Further provides for security and road lighting district funds to be utilized to expand safety measures within the security and road lighting district. Present law authorizes local governing authorities to create consolidated road lighting districts. Proposed law retains the authorization but changes the name from road lighting districts to security and road lighting districts. Present law provides for individual road lighting districts to no longer have the power to levy taxes when they are incorporated into a consolidated road lighting district. Proposed law retains the provision of present law but changes the name from road lighting district to security and road lighting district. Present law provides for consolidated districts to retain the original purpose for which they were created. Proposed law retains provisions of present law but changes the name from road lighting districts to security and road lighting districts. Present law provides for parish governing authorities to create road lighting districts to provide and maintain electric lights on the streets, roads, highways, alleys, and public places of the district. Proposed law retains provisions of present law but changes the name from road lighting districts to security and road lighting districts and adds electronic safety equipment to the things the districts can provide and maintain. Present law provides for the designation of road lighting districts, for parish governing authority to be the governing authority of the district, and for the parish treasurer to be the treasurer of the district. Proposed law retains provisions of present law but changes the designation from road lighting districts to security and road lighting districts. Present law provides for taxes to be levied to provide electric light on the streets, roads, highways, alleys, and public places in road lighting districts. Proposed law retains provisions of present law but adds provision of electronic safety equipment in addition to electric lights on the streets, roads, highways, alleys, and public Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-487 ORIGINAL HB NO. 354 places in road lighting districts and changes the name from road lighting districts to security and road lighting districts. Present law provides for limitations on taxes levied for road lighting districts in specific parishes. Proposed law retains provisions of present law but changes the name from road lighting districts to security and road lighting districts. Present law provides millage limitations for certain parishes and requires voter approval for the tax to be levied. Present law authorizes a service charge in Ouachita Parish for road lighting districts. Proposed law retains the provision of present law but changes the name from road lighting districts to security and road lighting districts. Proposed law allows parish governing authorities to utilize up to twenty-five percent of security and road lighting district funds for electronic safety equipment within the security and road lighting district. Authorizes and directs the Louisiana State Law Institute to review all statutes containing phrases being changed by this Act and to change such references where it deems appropriate. (Amends the heading of Chapter 7 of Title 48 of the Louisiana Revised Statutes of 1950, comprised of R.S. 48:1301, 1303, 1304, 1306, 1307, 1308, 1308.1, 1308.2, 1308.3, 1308.4, 1309; Adds R.S. 48:1306.1) Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions.