HLS 24RS-487 REENGROSSED
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
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1 C.1 of Section 14 of Article XIV of the Constitution R.S. 48:1306 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 that Section, including the
4 right to levy taxes as provided therein in R.S. 48:1308. The governing authority of
5 each such consolidated security and road lighting district shall be the governing
6 authority of the parish creating the district.
7 * * *
8 §1303. Tax-levying power vested in consolidated district
9 At the expiration of such thirty-day period the thirty-day period prescribed
10 by R.S. 48:1302, security and road lighting districts included in any such
11 consolidated district shall no longer have the right to levy taxes, and the said
12 consolidated district shall be vested with full authority to levy taxes within and for
13 the consolidated district pursuant to and in accordance with the original authorization
14 for the levy of taxes granted to each of the underlying districts included within the
15 consolidated district. It shall be the duty of the governing authority of the
16 consolidated district to cause taxes to continue to be levied under and in accordance
17 with the original authorization granted to each of the security and road lighting
18 districts included within the consolidated district, and such taxes as may be levied
19 by the governing authority of the consolidated district shall, to the extent hereafter
20 provided, be entitled to the benefit of the exemption and to the reimbursal authorized
21 by R.S. 39:253.
22 §1304. Security and Road road lighting districts in existence prior to Aug. 1, 1956;
23 status as to exemptions; new territory
24 Where security and road lighting districts consolidated into any consolidated
25 district hereunder have been in existence prior to August 1, 1956, the creation of the
26 consolidated district will be solely for the purpose of continuing the security and
27 road lighting programs for which the districts so consolidated were originally
28 created, and the provisions of R.S. 39:253 shall be regarded as applicable in all
29 respects to taxes levied by any such consolidated district, and such district shall be
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1 considered to be a district created prior to August 1, 1956, for all purposes of said
2 section, provided, however, the exemption authorized herein shall not apply to new
3 territory added to any consolidated district as authorized herein, nor shall the
4 exemption apply to taxes levied by a consolidated district for the benefit of
5 underlying districts not eligible therefor under existing provisions of R.S. 39:253.
6 * * *
7 §1306. Power of parish governing authorities to create security and road lighting
8 districts
9 Parish governing authorities may create security and road lighting districts,
10 composed of territory wholly within a parish. A district so created shall be a
11 political and legal subdivision of the state, with full power to sue and be sued in its
12 corporate name. It may enter into contracts with any electric public utility to provide
13 and maintain electronic safety equipment and electric lights on the streets, roads,
14 highways, alleys, and public places of the district.
15 §1306.1. Electronic safety equipment
16 Parish governing authorities may utilize up to twenty-five percent of security
17 and road lighting district funds for electronic safety equipment within the security
18 and road lighting district.
19 §1307. Security and Road road lighting districts; designation
20 Each such district shall be designated Security and Road Lighting District
21 No. ______ of the parish of ______. The parish governing authority creating such
22 district shall be the governing authority thereof, and the parish treasurer shall be the
23 treasurer of the district.
24 §1308. Security and Road road lighting districts; tax levy
25 For the purpose of providing and maintaining such electronic safety
26 equipment and electric light on the streets, roads, highways, alleys, and public places
27 in such district, any security and road lighting district may levy taxes not to exceed
28 in any year five mills on the dollar on all of the taxable property within the
29 boundaries thereof, except railroad rights of way and tracks located thereon.
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1 However, the special tax herein authorized shall not run for a longer period than ten
2 years, and the rate, purpose, and duration of any special tax first shall be submitted
3 to the electors of the district in which the tax is to be levied at an election called and
4 held for that purpose in the same manner as provided by law for elections for levying
5 taxes for the purposes set out in Section 32 of Article VI of the constitution
6 Constitution of Louisiana, and a majority of those voting shall have voted in favor
7 thereof.
8 §1308.1. Assumption Parish security and road lighting districts; tax levy
9 Notwithstanding the provisions of R.S. 48:1308, the governing authority of
10 any security and road lighting district within the parish of Assumption may levy
11 taxes not to exceed in any year twenty mills on the dollar on all of the taxable
12 property within the boundaries of the district. All other provisions and limitations
13 of R.S. 48:1308 shall apply to any tax so levied.
14 §1308.2. Terrebonne Parish security and road lighting districts; tax levy
15 Notwithstanding the provisions of R.S. 48:1308, the governing authority of
16 any security and road lighting district within the parish of Terrebonne may levy taxes
17 not to exceed in any year ten mills on the dollar on all of the taxable property within
18 the boundaries of the district. All other provisions and limitations of R.S. 48:1308
19 shall apply to any tax so levied.
20 §1308.3. Jefferson Parish security and road lighting districts; additional tax
21 In addition to the tax provided for in R.S. 48:1308, the governing authority
22 of the parish of Jefferson is hereby authorized to levy in any security and road
23 lighting district in the parish an additional tax not to exceed ten mills on the dollar
24 of assessed valuation for a period not to exceed ten years, if the question of levying
25 such tax is approved by the favorable vote of a majority of the electors of the district
26 voting in an election called for that purpose. The purpose of the additional tax shall
27 be to provide and maintain artificial lighting on the streets, roads, highways, alleys,
28 and public places in the district.
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1 §1308.4. Millage limitation; certain parishes; voter approval
2 Notwithstanding any provision of law to the contrary which limits ad valorem
3 tax millage which may be imposed, the governing authority of any security and road
4 lighting district of a parish that has adopted a charter for local self-government or
5 other home rule charter may levy special ad valorem tax millage in excess thereof,
6 provided such levy is not inconsistent with the parish charter or the Constitution of
7 Louisiana, for a period not to exceed ten years, if the question of levying such tax is
8 approved by the favorable vote of a majority of the electors of the district voting in
9 an election called for that purpose.
10 §1309. Service charge authorized for Ouachita Parish; assessment and collection
11 A.(1) The governing authority of any security and road lighting district
12 situated wholly within the geographical boundaries of Ouachita Parish is hereby
13 authorized to establish, by majority vote of the members of the authority, a service
14 charge or rates of service charge to be assessed to persons occupying residential and
15 nonresidential structures, and persons owning unoccupied structures located wholly
16 or partly within the boundaries of a security and road lighting district, and persons
17 owning lots located wholly or partly within the boundaries of a security and road
18 lighting district as customers of the district, subject to Subsection B of this Section.
19 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
20 governing authority of any security and road lighting district situated wholly within
21 the geographical boundaries of Ouachita Parish may establish, by majority vote of
22 the members of the authority, a service charge or rates of service charge to be
23 assessed to persons owning parcels of immovable property located wholly or partly
24 within the boundaries of a security and road lighting district, subject to Subsection
25 B of this Section.
26 (3) Such service charge or rates of service charge shall be equal for all
27 customers and shall be framed so as to cover and shall be used for the cost of any and
28 all of the following components of security and road lighting district services:
29 (a) Payment of utility charges incurred in the provision of road lighting.
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1 (b) The maintenance and operation of security and road lighting district
2 facilities and equipment.
3 (c) Cost of collection of service charges pursuant to Subsections C and D of
4 this Section.
5 B. Service charges or rates of service charges so established shall be assessed
6 by resolution of the governing authority of the security and road lighting district.
7 However, the resolution assessing the service charges shall be adopted by the
8 governing authority only after the question of the assessment, the method of
9 assessment, and the amount of the service charge or rates of service charges
10 established have been submitted to and approved by a majority of electors of the
11 district voting at an election held for that purpose. Such election shall be conducted
12 in accordance with the election laws of the state and shall be held at the same time
13 that an election authorized by the provisions of R.S. 18:402 is held.
14 C. The governing authority of any security and road lighting district
15 assessing a service charge or rates of service charge for road lighting services to
16 customers of the district as provided in this Section shall also have the authority to
17 use any necessary and proper means to collect and enforce the collection of such
18 service charges, including contracting with another political subdivision within
19 Ouachita Parish or a utility regulated by the Louisiana Public Service Commission
20 to effect such collection.
21 D. Service charges assessed against the owners of parcels of immovable
22 property within a road lighting district pursuant to this Section shall be carried on the
23 tax rolls for Ouachita Parish and shall be added to the annual ad valorem tax bill for
24 such parcels. Such service charges shall be collected and become due and delinquent
25 at the same times as parish ad valorem taxes are collected and become due and
26 delinquent. The sheriff of Ouachita Parish may use any reasonable means to collect
27 and enforce the collection of such service charges, including any means authorized
28 by law for collection of taxes. The governing authority of the security and road
29 lighting district shall reimburse the sheriff an amount equal to five percent of the
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1 amount of such service charges actually collected from property owners. The
2 collection charge shall be in addition to such service charges and shall also be added
3 to the ad valorem tax bill for such parcels.
4 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
5review all statutes which contain phrases being changed by this Act and in all locations it
6deems 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 Reengrossed 2024 Regular Session Brass
Abstract: Authorizes parishes to use up to 25% of the funds of a road lighting district for
electronic safety equipment and changes statutory references to road lighting districts
to security and road lighting districts.
Present law authorizes parish governing authorities to create road lighting districts and to
consolidate existing districts. Road lighting districts are authorized to enter into contracts
with an electric public utility to provide and maintain electric lights on the roads and in
public places. Provides that the parish governing authority is the governing authority of such
a district and the parish treasurer is the district's treasurer. Authorizes road lighting districts
to levy ad valorem taxes subject to voter approval.
Proposed law authorizes parish governing authorities to utilize up to 25% of road lighting
district funds for electronic safety equipment. Changes statutory references to road lighting
districts to security and road lighting districts.
(Amends the heading of Chapter 7 of Title 48 of La. Revised Statutes of 1950 and R.S.
48:1301, 1303, 1304, and 1306-1309; Adds R.S. 48:1306.1)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
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