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ACT No. 289
Regular Session, 2011
HOUSE BILL NO. 485
BY REPRESENTATIVE GREENE
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
(a) The president of the Broadmoor Residents Association, Inc. The board20
of directors of the Broadmoor Residents' Association, Inc., shall appoint two21
members.22
(b) The board of directors of the Broadmoor Residents Association, Inc. or23
its successor shall appoint one member.24 ENROLLEDHB NO. 485
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(c) The member or members of the Louisiana House of Representatives who1
represent the area which comprises the district shall appoint one member.2
(d) (c) The member or members of the Louisiana Senate who represent the3
area which comprises the district shall appoint one member.4
(e) (d) The assessor for the parish of East Baton Rouge shall appoint one5
member.6
(f) (e) The mayor-president for the parish of East Baton Rouge shall appoint7
one member.8
(g) (f) The Metro Council member or council members who represent the9
district shall appoint one member.10
(2) All members of the board shall own property and reside within the11
district.12
(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(c)13
through (g) of this Subsection shall be concurrent with the respective appointing14
authority. The terms of the members appointed pursuant to Subparagraph (1)(a) of15
this Subsection shall be two years.16
(b) The member serving pursuant to Subparagraph (1)(b) of this Subsection17
shall serve a term of four years after an initial term of one year. The terms of the18
members serving pursuant to Subparagraphs (1)(b) through (f) of this Subsection19
shall be three years.20
(c) The member serving pursuant to Subparagraph (1)(a) of this Subsection21
shall serve during his term of office.22
* * *23
F. Ad valorem tax. The governing authority of East Baton Rouge Parish is24
hereby authorized to levy and collect annually special taxes within the district25
subject to and in accordance with the provisions of this Subsection:26
(1) The amount of the annual tax shall be as requested by duly adopted27
resolution of the governing authority of the district. The tax shall be a special ad28
valorem tax levied on taxable property in the district and shall not exceed one mill.29 ENROLLEDHB NO. 485
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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 subdivided portion3
of ground, or an individual tract and does not mean a "condominium parcel" as4
defined in R.S. 9:1121.103. Thus, with respect to condominiums, the fee collector5
shall impose the parcel fee on each lot on which condominiums are situated and not6
on individual condominium units.7
(c) The owner of the parcel shall be responsible for payment of the tax. The8
tax collector shall submit the bill for a parcel fee which is to be collected from9
condominium owners to the condominium owners' association and the association10
shall pay the fee from funds available for that purpose. The association shall remain11
liable for the entire fee until it is paid.12
(3)(a) The fee shall be imposed only after the question of its imposition has13
been approved by a majority of the registered voters of the district voting at an14
election held for that purpose in accordance with the Louisiana Election Code. At15
least thirty days prior to any election held to approve the levy of a tax, the board of16
commissioners shall mail notification of the upcoming election to each registered17
voter of the district and to the owner of a parcel if the owner is not a registered voter18
of the district. No other election shall be required except as provided by this19
Paragraph.20
(b) The tax shall expire ten years from its initial levy but may be renewed as21
provided in Subparagraph (3)(a) of this Subsection. If renewed, the term of the22
imposition of the tax shall be as provided in the proposition authorizing such23
renewal, not to exceed ten years.24
(4) The tax shall be collected at the same time and in the same manner as all25
other ad valorem taxes on property subject to taxation by the city are levied and26
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
procedures as unpaid ad valorem taxes.30 ENROLLEDHB NO. 485
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(6) The parish of East Baton Rouge shall remit to the district all amounts1
collected not more than sixty days after collection. However, the board may enter2
into an agreement with the parish to authorize the parish to retain, as a collection fee,3
not more than one percent of the amount collected.4
F. Parcel fee. The governing authority of East Baton Rouge Parish is hereby5
authorized to impose and collect a parcel fee within the district subject to and in6
accordance with the provisions of this Subsection:7
(1)(a) The fee shall be imposed on each improved and unimproved parcel8
located within the district.9
(b) For the purposes of this Section, a parcel shall be defined as a lot, a10
subdivided portion of ground, or an individual tract on which a residential or11
commercial structure is situated; however, the term "parcel" shall not include12
"condominium parcel" or "condominium property" as defined in R.S. 9:1121.103.13
(2)(a)(i) The initial amount of the fee shall be as requested by duly adopted14
resolution of the governing authority of the district. The initial fee shall not exceed15
one hundred dollars per parcel per year.16
(ii) The fee shall be imposed only after the question of its imposition has17
been approved by a majority of the registered voters of the district voting on the18
proposition at an election held for that purpose in accordance with the Louisiana19
Election Code. No less than thirty days prior to any election held to approve such20
parcel fee, the board of commissioners shall mail notification of the upcoming21
election to each registered voter of the district and to the owner of a parcel if the22
owner is not a registered voter of the district.23
(b) Not less than five years after approval of the parcel fee by a majority of24
the registered voters of the district, the governing authority of the district may25
increase the amount of the parcel fee one time without an election. The amount of26
the increased fee shall be as provided in a duly adopted resolution of the board, not27
to exceed two hundred dollars per parcel per year.28
(3) A parcel fee shall expire ten years after its levy but may be renewed if29
the renewal is approved by the voters in the manner provided in Subparagraph (2)(a)30 ENROLLEDHB NO. 485
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of this Subsection. The renewed fee shall not exceed two hundred dollars per parcel1
per year. If renewed, the term of the imposition of the fee shall be as provided in the2
proportion authorizing such renewal, not to exceed ten years.3
(4) The owner of the parcel is responsible for payment of the fee.4
(5) The fee shall be collected at the same time and in the same manner as ad5
valorem taxes are collected by the sheriff, as ex officio tax collector, of East Baton6
Rouge Parish. The sheriff shall collect and remit to the district all amounts collected7
not more than sixty days after collection. He shall retain as a commission the same8
percentage of collectable amounts as he receives for the collection of ad valorem9
taxes.10
(6) Any parcel fee which is unpaid shall be added to the tax rolls of East11
Baton Rouge Parish and shall be enforced with the same authority and subject to the12
same penalties and procedures as unpaid ad valorem taxes. 13
G. Budget. (1) The board of commissioners shall adopt an annual budget14
in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et15
seq. The budget and all amendments shall be subject to the approval of submitted16
to the East Baton Rouge Metropolitan Council.17
* * *18
H. Miscellaneous provisions. 19
* * *20
(2) If the district ceases to exist, any funds of the district shall be transmitted21
to the governing authority of East Baton Rouge Parish and shall be used for law22
enforcement purposes in the area which comprised the district.23
I. Indemnification and exculpation. (1) The district shall indemnify its24
officers and board members to the fullest extent permitted by R.S. 12:227, as fully25
as if the district were a nonprofit corporation governed thereby, and as may be26
provided in the district's bylaws.27
(2) No board member or officer of the district shall be liable to the district28
or to any individual who resides, owns property, visits, or otherwise conducts29
business in the district for monetary damages for breach of his duties as a board30 ENROLLEDHB NO. 485
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member or officer, provided that the foregoing provision shall not eliminate or limit1
the liability of a board member or officer for any of the following:2
(a) Acts or omissions not in good faith or which involve intentional3
misconduct or a knowing violation of law.4
(b) Any transaction from which he derived an improper personal benefit.5
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.6
9:2792.1 through 2792.9, a person serving the district as a board member or officer7
shall not be individually liable for any act or omission arising out of the performance8
of his duties.9
Section 2. The term of each commissioner serving on the effective date of this Act10
shall terminate at midnight on December 31, 2011. All subsequent appointments to the11
board and all vacancies on the board shall be filled according to the provisions of this Act.12
Section 3. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: