SLS 10RS-325 ORIGINAL Page 1 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 SENATE BILL NO. 385 BY SENATOR CLAITOR SPECIAL DISTRICTS. Provides for the creation of the Broadmoor Crime Prevention and Improvement District. (July 1, 2010) AN ACT1 To amend and reenact R.S. 33:9097.8, relative to East Baton Rouge Parish; to create the2 Broadmoor Crime Prevention and Improvement District; to provide for the purpose,3 governance, and powers and duties of the district; to provide with respect to the levy4 of an ad valorem tax within the district; and to provide for related matters.5 Notice of intention to introduce this Act has been published.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 33:9097.8 is hereby enacted to read as follows: 8 ยง9097.8. Broadmoor Crime Prevention and Improvement District9 A. Creation. There is hereby created within the parish of East Baton10 Rouge, as more specifically provided in Subsection B of this Section, a body11 politic and corporate which shall be known as the Broadmoor Crime Prevention12 and Improvement District, hereinafter referred to as the "district." The district13 shall be a political subdivision of the state as defined in the Constitution of14 Louisiana.15 B. Boundaries. The boundaries of the district shall be coterminous with16 the boundaries of the Broadmoor Subdivision in East Baton Rouge Parish as17 SB NO. 385 SLS 10RS-325 ORIGINAL Page 2 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. established in the official subdivision plat filed with the clerk of court of East1 Baton Rouge Parish.2 C. Purpose. The purpose of the district shall be to aid in crime3 prevention and to add to the security of district residents by providing for an4 increase in the presence of law enforcement personnel in the district and to5 serve the needs of the residents of the district by funding beautification and6 improvements for the overall betterment of the district.7 D. Governance. (1) The district shall be governed by a board of8 commissioners consisting of seven members as follows:9 (a) The president of the Broadmoor Residents Association, Inc.10 (b) The board of directors of the Broadmoor Residents Association, Inc11 or its successor shall appoint one member.12 (c) The member or members of the Louisiana House of Representatives13 who represent the area which comprises the district shall appoint one member.14 (d) The member or members of the Louisiana Senate who represent the15 area which comprises the district shall appoint one member.16 (e) The assessor for the parish of East Baton Rouge shall appoint one17 member.18 (f) The mayor-president for the parish of East Baton Rouge shall appoint19 one member.20 (g) The Metro Council member or council members who represent the21 district shall appoint one member.22 (2) All members of the board shall own property within the district.23 (3)(a) The terms of the members appointed pursuant to Subparagraphs24 (1)(c) through (g) of this Subsection shall be concurrent with the respective25 appointing authority.26 (b) The member serving pursuant to Subparagraph (1)(b) of this27 Subsection shall serve a term of four years after an initial term of one year.28 (c) The member serving pursuant to Subparagraph (1)(a) of this29 SB NO. 385 SLS 10RS-325 ORIGINAL Page 3 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Subsection shall serve during his term of office.1 (4) The members of the board shall select from among themselves a2 president and such other officers as they deem appropriate. The terms and3 responsibilities of officers shall be as provided by the bylaws of the board.4 (5) The members of the board shall serve without compensation and shall5 not receive reimbursement for expenses.6 E. Powers and duties. The district, acting through its board of7 commissioners, shall have the following powers and duties:8 (1) To sue and be sued.9 (2) To adopt, use, and alter at will a corporate seal.10 (3) To receive and expend funds collected pursuant to Subsection F and11 in accordance with a budget adopted as provided by Subsection G of this12 Section.13 (4) To accept private grants and donations.14 (5) To enter into contracts with individuals or entities, private or public,15 for the provision of security patrols in the district.16 (6) To purchase items and supplies which the board deems instrumental17 to achieving the purpose of the district.18 (7) To acquire, lease, insure, and sell real property within the boundaries19 of the district in accordance with district plans.20 (8) To perform or have performed any other function or activity21 necessary for the achievement of the purpose of the district.22 F. Ad valorem tax. The governing authority of East Baton Rouge Parish23 is hereby authorized to levy and collect annually special taxes within the district24 subject to and in accordance with the provisions of this Subsection:25 (1) The amount of the annual tax shall be as requested by duly adopted26 resolution of the governing authority of the district. The tax shall be a special27 ad valorem tax levied on taxable property in the district and shall not exceed28 one mill.29 SB NO. 385 SLS 10RS-325 ORIGINAL Page 4 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (2)(a) The tax shall be levied on each improved parcel located within the1 district.2 (b) For purposes of this Section, "parcel" means a lot, a subdivided3 portion of ground, or an individual tract and does not mean a "condominium4 parcel" as defined in R.S. 9:1121.103. Thus, with respect to condominiums, the5 fee collector shall impose the parcel fee on each lot on which condominiums are6 situated and not on individual condominium units.7 (c) The owner of the parcel shall be responsible for payment of the tax.8 The tax collector shall submit the bill for a parcel fee which is to be collected9 from condominium owners to the condominium owners' association and the10 association shall pay the fee from funds available for that purpose. The11 association shall remain liable for the entire fee until it is paid.12 (3)(a) The fee shall be imposed only after the question of its imposition13 has been approved by a majority of the registered voters of the district voting14 at a regularly scheduled primary or general election held for that purpose in15 accordance with the Louisiana Election Code. At least thirty days prior to any16 election held to approve the levy of a tax, the board of commissioners shall mail17 notification of the upcoming election to each registered voter of the district and18 to the owner of a parcel if the owner is not a registered voter of the district. No19 other election shall be required except as provided by this Paragraph.20 (b) The tax shall expire ten years from its initial levy but may be renewed21 as provided in Subparagraph (3)(a) of this Subsection. If renewed, the term of22 the imposition of the tax shall be as provided in the proposition authorizing23 such renewal, not to exceed ten years.24 (4) The tax shall be collected at the same time and in the same manner25 as all other ad valorem taxes on property subject to taxation by the city are26 levied and collected.27 (5) Any tax which is unpaid shall be added to the tax rolls of the city and28 shall be enforced with the same authority and subject to the same penalties and29 SB NO. 385 SLS 10RS-325 ORIGINAL Page 5 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. procedures as unpaid ad valorem taxes.1 (6) The parish of East Baton Rouge shall remit to the district all amounts2 collected not more than sixty days after collection. However, the board may3 enter into an agreement with the parish to authorize the parish to retain, as a4 collection fee, not more than one percent of the amount collected.5 G. Budget. (1) The board of commissioners shall adopt an annual budget6 in accordance with the Louisiana Local Government Budget Act, R.S. 39:13017 et seq. The budget and all amendments shall be subject to the approval of the8 East Baton Rouge Metropolitan Council.9 (2) The district shall be subject to audit by the legislative auditor10 pursuant to R.S. 24:513.11 H. Miscellaneous provisions. (1) It is the purpose and intent of this12 Section that the additional law enforcement personnel and their services13 provided for through the fees authorized herein shall be supplemental to and14 not in lieu of personnel and services provided in the district by the city of Baton15 Rouge and East Baton Rouge Parish.16 (2) If the district ceases to exist, any funds of the district shall be17 transmitted to the governing authority of East Baton Rouge Parish and shall be18 used for law enforcement purposes in the district.19 Section 2. This Act shall become effective on July 1, 201020 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by James Benton. DIGEST Proposed law provides for the creation the Broadmoor Crime Prevention and Improvement District in East Baton Rouge Parish. Proposed law provides that the boundaries of the district shall be coterminous with the boundaries of the Broadmoor Subdivision in East Baton Rouge Parish as established in the official subdivision plat filed with the clerk of court of East Baton Rouge Parish. Proposed law provides that the purpose of the district shall be to aid in crime prevention and to add to the security of district residents by providing for an increase in the presence of law enforcement personnel in the district and to serve the needs of the residents of the district by funding beautification and improvements for the overall betterment of the district. SB NO. 385 SLS 10RS-325 ORIGINAL Page 6 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Proposed law provides that the district shall be governed by a board of commissioners consisting of seven members as follows: (a)The president of the Broadmoor Residents Association, Inc. (b)The board of directors of the Broadmoor Residents Association, Inc or its successor shall appoint one member. (c) he member or members of the Louisiana House of Representatives who represent the area which comprises the district shall appoint one member. (d)The member or members of the Louisiana Senate who represent the area which comprises the district shall appoint one member. (e)The assessor for the parish of East Baton Rouge shall appoint one member. (f)The mayor-president shall appoint one member. (g)The Metro Council member or council members who represent the district shall appoint one member. (2)All members of the board shall own property within the district. Proposed law provides that the members of the board shall select from among themselves a president and such other officers as they deem appropriate. The terms and responsibilities of officers shall be as provided by the bylaws of the board. Proposed law provides that the members of the board shall serve without compensation and shall not receive reimbursement for expenses. Proposed law provides that the district shall have the following powers and duties: (1)To sue and be sued. (2)To adopt, use, and alter at will a corporate seal. (3)To receive and expend funds collected. (4)To accept private grants and donations. (5)To enter into contracts with individuals or entities, private or public, for the provision of security patrols in the district. (6)To purchase items and supplies which the board deems instrumental to achieving the purpose of the district. (7)To acquire, lease, insure, and sell real property within the boundaries of the district in accordance with district plans. (8)To perform or have performed any other function or activity necessary for the achievement of the purpose of the district. Proposed law provides that the governing authority of East Baton Rouge Parish is authorized to levy and collect annually special taxes within the district subject to and in accordance with the following provisions: SB NO. 385 SLS 10RS-325 ORIGINAL Page 7 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (1)The amount of the annual tax shall be as requested by duly adopted resolution of the governing authority of the district. The tax shall be a special ad valorem tax levied on taxable property in the district and shall not exceed one mill. (2)The tax shall be levied on each improved parcel located within the district. Proposed law provides that the fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district voting at a regularly scheduled primary or general election held for that purpose in accordance with the Louisiana Election Code. At least 30 days prior to any election held to approve the levy of a tax, the board of commissioners shall mail notification of the upcoming election to each registered voter of the district and to the owner of a parcel if the owner is not a registered voter of the district. Proposed law provides that the tax shall expire ten years from its initial levy but may be renewed. If renewed, the term of the imposition of the tax shall be as provided in the proposition authorizing such renewal, not to exceed ten years. Proposed law provides that the tax shall be collected at the same time and in the same manner as all other ad valorem taxes on property subject to taxation by the city are levied and collected. Proposed law provides that any tax which is unpaid shall be added to the tax rolls of the city and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes. The parish of East Baton Rouge shall remit to the district all amounts collected not more than sixty days after collection. However, the board may enter into an agreement with the parish to authorize the parish to retain, as a collection fee, not more than one percent of the amount collected. Proposed law provides that the board of commissioners shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act. The budget and all amendments shall be subject to the approval of the East Baton Rouge Metropolitan Council. Proposed law provides that the additional law enforcement personnel and their services provided for through the fees shall be supplemental to and not in lieu of personnel and services provided in the district by the city of Baton Rouge and East Baton Rouge Parish. Effective July 1, 2010. (Adds R.S. 33:9097.8)