HLS 11RS-248 ENGROSSED
Page 1 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 485
BY REPRESENTATIVE GREENE
DISTRICTS/NEIGHBORHOOD: Provides relative to the Broadmoor Crime Prevention and
Improvement District
AN ACT1
To amend and reenact R.S. 33:9097.8(D)(1) through (3), (F), (G)(1), and (H)(2) and to enact2
R.S. 33:9097.8(I), relative to the Broadmoor Crime Prevention and Improvement3
District; to provide for membership on the board of commissioners of the district; to4
provide for terms of the commissioners; to provide for the levy of a parcel fee; to5
provide relative to the taxing authority of the district; to provide relative to the6
district's budget; to provide for indemnity for commissioners; to provide for7
vacancies and subsequent appointments to the board; and to provide for related8
matters.9
Notice of intention to introduce this Act has been published10
as provided by Article III, Section 13 of the Constitution of11
Louisiana.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 33:9097.8(D)(1) through (3), (F), (G)(1), and (H)(2) are hereby14
amended and reenacted and R.S. 33:9097.8(I) is hereby enacted to read as follows: 15
ยง9097.8. Broadmoor Crime Prevention and Improvement District16
* * *17
D. Governance. (1) The district shall be governed by a board of18
commissioners consisting of seven members as follows:19 HLS 11RS-248 ENGROSSED
HB NO. 485
Page 2 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(a) The president of the Broadmoor Residents Association, Inc. The board1
of directors of the Broadmoor Residents' Association, Inc., shall appoint two2
members.3
(b) The board of directors of the Broadmoor Residents Association, Inc. or4
its successor shall appoint one member.5
(c) The member or members of the Louisiana House of Representatives who6
represent the area which comprises the district shall appoint one member.7
(d) (c) The member or members of the Louisiana Senate who represent the8
area which comprises the district shall appoint one member.9
(e) (d) The assessor for the parish of East Baton Rouge shall appoint one10
member.11
(f) (e) The mayor-president for the parish of East Baton Rouge shall appoint12
one member.13
(g) (f) The Metro Council member or council members who represent the14
district shall appoint one member.15
(2) All members of the board shall own property and reside within the16
district.17
(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(c)18
through (g) of this Subsection shall be concurrent with the respective appointing19
authority. The terms of the members appointed pursuant to Subparagraph (1)(a) of20
this Subsection shall be two years.21
(b) The member serving pursuant to Subparagraph (1)(b) of this Subsection22
shall serve a term of four years after an initial term of one year. The terms of the23
members serving pursuant to Subparagraphs (1)(b) through (f) of this Subsection24
shall be three years.25
(c) The member serving pursuant to Subparagraph (1)(a) of this Subsection26
shall serve during his term of office.27
* * *28 HLS 11RS-248 ENGROSSED
HB NO. 485
Page 3 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
F. Ad valorem tax. The governing authority of East Baton Rouge Parish is1
hereby authorized to levy and collect annually special taxes within the district2
subject to and in accordance with the provisions of this Subsection:3
(1) The amount of the annual tax shall be as requested by duly adopted4
resolution of the governing authority of the district. The tax shall be a special ad5
valorem tax levied on taxable property in the district and shall not exceed one mill.6
(2)(a) The tax shall be levied on each improved parcel located within the7
district.8
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion9
of ground, or an individual tract and does not mean a "condominium parcel" as10
defined in R.S. 9:1121.103. Thus, with respect to condominiums, the fee collector11
shall impose the parcel fee on each lot on which condominiums are situated and not12
on individual condominium units.13
(c) The owner of the parcel shall be responsible for payment of the tax. The14
tax collector shall submit the bill for a parcel fee which is to be collected from15
condominium owners to the condominium owners' association and the association16
shall pay the fee from funds available for that purpose. The association shall remain17
liable for the entire fee until it is paid.18
(3)(a) The fee shall be imposed only after the question of its imposition has19
been approved by a majority of the registered voters of the district voting at an20
election held for that purpose in accordance with the Louisiana Election Code. At21
least thirty days prior to any election held to approve the levy of a tax, the board of22
commissioners shall mail notification of the upcoming election to each registered23
voter of the district and to the owner of a parcel if the owner is not a registered voter24
of the district. No other election shall be required except as provided by this25
Paragraph.26
(b) The tax shall expire ten years from its initial levy but may be renewed as27
provided in Subparagraph (3)(a) of this Subsection. If renewed, the term of the28 HLS 11RS-248 ENGROSSED
HB NO. 485
Page 4 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
imposition of the tax shall be as provided in the proposition authorizing such1
renewal, not to exceed ten years.2
(4) The tax shall be collected at the same time and in the same manner as all3
other ad valorem taxes on property subject to taxation by the city are levied and4
collected.5
(5) Any tax which is unpaid shall be added to the tax rolls of the city and6
shall be enforced with the same authority and subject to the same penalties and7
procedures as unpaid ad valorem taxes.8
(6) The parish of East Baton Rouge shall remit to the district all amounts9
collected not more than sixty days after collection. However, the board may enter10
into an agreement with the parish to authorize the parish to retain, as a collection fee,11
not more than one percent of the amount collected.12
F. Parcel fee. The governing authority of East Baton Rouge Parish is hereby13
authorized to impose and collect a parcel fee within the district subject to and in14
accordance with the provisions of this Subsection:15
(1)(a) The fee shall be imposed on each improved and unimproved parcel16
located within the district.17
(b) For the purposes of this Section, a parcel shall be defined as a lot, a18
subdivided portion of ground, or an individual tract on which a residential or19
commercial structure is situated; however, the term "parcel" shall not include20
"condominium parcel" or "condominium property" as defined in R.S. 9:1121.103.21
(2)(a)(i) The initial amount of the fee shall be as requested by duly adopted22
resolution of the governing authority of the district. The initial fee shall not exceed23
one hundred dollars per parcel per year.24
(ii) The fee shall be imposed only after the question of its imposition has25
been approved by a majority of the registered voters of the district voting on the26
proposition at an election held for that purpose in accordance with the Louisiana27
Election Code. No less than thirty days prior to any election held to approve such28
parcel fee, the board of commissioners shall mail notification of the upcoming29 HLS 11RS-248 ENGROSSED
HB NO. 485
Page 5 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
election to each registered voter of the district and to the owner of a parcel if the1
owner is not a registered voter of the district.2
(b) Not less than five years after approval of the parcel fee by a majority of3
the registered voters of the district, the governing authority of the district may4
increase the amount of the parcel fee one time without an election. The amount of5
the increased fee shall be as provided in a duly adopted resolution of the board, not6
to exceed two hundred dollars per parcel per year.7
(3) A parcel fee shall expire ten years after its levy but may be renewed if8
the renewal is approved by the voters in the manner provided in Subparagraph (2)(a)9
of this Subsection. The renewed fee shall not exceed two hundred dollars per parcel10
per year. If renewed, the term of the imposition of the fee shall be as provided in the11
proportion authorizing such renewal, not to exceed ten years.12
(4) The owner of the parcel is responsible for payment of the fee.13
(5) The fee shall be collected at the same time and in the same manner as ad14
valorem taxes are collected by the sheriff, as ex officio tax collector, of East Baton15
Rouge Parish. The sheriff shall collect and remit to the district all amounts collected16
not more than sixty days after collection. He shall retain as a commission the same17
percentage of collectable amounts as he receives for the collection of ad valorem18
taxes.19
(6) Any parcel fee which is unpaid shall be added to the tax rolls of East20
Baton Rouge Parish and shall be enforced with the same authority and subject to the21
same penalties and procedures as unpaid ad valorem taxes. 22
G. Budget. (1) The board of commissioners shall adopt an annual budget23
in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et24
seq. The budget and all amendments shall be subject to the approval of submitted25
to the East Baton Rouge Metropolitan Council.26
* * *27
H. Miscellaneous provisions. 28
* * *29 HLS 11RS-248 ENGROSSED
HB NO. 485
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) If the district ceases to exist, any funds of the district shall be transmitted1
to the governing authority of East Baton Rouge Parish and shall be used for law2
enforcement purposes in the area which comprised the district.3
I. Indemnification and exculpation. (1) The district shall indemnify its4
officers and board members to the fullest extent permitted by R.S. 12:227, as fully5
as if the district were a nonprofit corporation governed thereby, and as may be6
provided in the district's bylaws.7
(2) No board member or officer of the district shall be liable to the district8
or to any individual who resides, owns property, visits, or otherwise conducts9
business in the district for monetary damages for breach of his duties as a board10
member or officer, provided that the foregoing provision shall not eliminate or limit11
the liability of a board member or officer for any of the following:12
(a) Acts or omissions not in good faith or which involve intentional13
misconduct or a knowing violation of law.14
(b) Any transaction from which he derived an improper personal benefit.15
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.16
9:2792.1 through 2792.9, a person serving the district as a board member or officer17
shall not be individually liable for any act or omission arising out of the performance18
of his duties.19
Section 2. The term of each commissioner serving on the effective date of this Act20
shall terminate at midnight on December 31, 2011. All subsequent appointments to the21
board and all vacancies on the board shall be filled according to the provisions of this Act.22
Section 3. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 HLS 11RS-248 ENGROSSED
HB NO. 485
Page 7 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Greene HB No. 485
Abstract: Provides changes to the Broadmoor Crime Prevention and Improvement District
in East Baton Rouge Parish relative to appointments to the board, terms of board
members, and the levy of a parcel fee instead of an ad valorem tax.
Present law establishes the Broadmoor Crime Prevention and Improvement District in East
Baton Rouge Parish. Proposed law retains present law.
Present law establishes a seven member board of commissioners for the district, appointed
by several local and private entities. Proposed law deletes the authority of the president of
the Broadmoor Residents Association to make an appointment and increases to two the
number of appointments made by the board of directors of the association .
Present law provides for terms for commissioners based on various factors in present law.
Proposed law changes these terms to set two-year and three-year terms as described in
proposed law.
Present law gives the parish on behalf of the district the authority to levy an ad valorem tax
on property within the district. Proposed law removes this authority.
Proposed law authorizes the parish on behalf of the district to levy a parcel fee on all
improved and unimproved parcels within the district. Further provides that the fee shall not
exceed $100 and must be approved by the registered voters of the district before it may be
assessed. Proposed law provides a maximum term for the levy of the parcel fee and provides
for renewal of the fee upon a vote of the majority of the registered voters of the district.
Proposed law further authorizes the governing authority of the district, five years after initial
implementation of the parcel fee, to increase the parcel fee to no more than $200 by duly
adopted resolution of the board, without a vote of the people. This authority may only be
exercised one time.
Proposed law provides for collection of the fee and penalties for unpaid fees.
Present law requires the board of commissioners to adopt an annual budget for the district.
Proposed law retains present law. Present law requires the board of commissioners to obtain
approval of the district's budget from the East Baton Rouge Metropolitan Council. Proposed
law removes this requirement. Proposed law requires the district's budget be submitted to
the EBR Metropolitan Council (but does not require approval by the council).
Proposed law provides for indemnification of board members acting in the performance of
their duties.
Proposed law provides that the term of each commissioner serving on the effective date of
proposed law shall terminate at midnight on Dec. 31, 2011. Further provides that all
subsequent appointments to the board and all vacancies on the board shall be filled according
to the provisions of proposed law.
(Amends R.S. 33:9097.8 (D)(1)-(3), (F), (G)(1), and (H)(2); Adds R.S. 33:9097.8(I))