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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 enact R.S. 33:9097.8, relative to East Baton Rouge Parish; to create the Broadmoor2
Crime Prevention and Improvement District; to provide for the purpose, governance,3
and powers and duties of the district; to provide with respect to the levy of an ad4
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
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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, Inc.11
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
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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
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(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 an election held for that purpose in accordance with the Louisiana Election15
Code. At least thirty days prior to any election held to approve the levy of a tax,16
the board of commissioners shall mail notification of the upcoming election to17
each registered voter of the district and to the owner of a parcel if the owner is18
not a registered voter of the district. No other election shall be required except19
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
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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
Claitor (SB 385)
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
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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:
(1)The amount of the annual tax shall be as requested by duly adopted resolution of the SB NO. 385
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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 an 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill.
1. Changes language in the bill relative to election dates for renewal of parcel
fees from a regularly scheduled primary or general election to any election
held for that purpose.