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Regular Session, 2012
HOUSE BILL NO. 107
BY REPRESENTATIVE RICHARDSON
DISTRICTS/NEIGHBORHOOD: Creates the Hampton Village Crime Prevention and
Improvement District within East Baton Rouge Parish
AN ACT1
To enact R.S. 33:9097.13, relative to East Baton Rouge Parish; to create the Hampton2
Village Crime Prevention and Improvement District within the parish; to provide3
relative to the purpose, governance, and powers and duties of the district; to provide4
for the imposition of a parcel fee and for the use thereof; and to provide for related5
matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 of the Constitution of8
Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 33:9097.13 is hereby enacted to read as follows:11
ยง9097.13. Hampton Village Crime Prevention and Improvement District12
A. Creation. There is hereby created within the parish of East Baton Rouge,13
as more specifically provided in Subsection B of this Section, a body politic and14
corporate which shall be known as the Hampton Village Crime Prevention and15
Improvement District, referred to in this Section as the "district". The district shall16
be a political subdivision of the state as defined in the Constitution of Louisiana.17
B. Boundaries. The boundaries of the district shall be coterminous with the18
boundaries of the Hampton Village Estates Subdivision, Filings 1 through 4, in East19
Baton Rouge Parish as established in the official subdivision plats filed with the20 HLS 12RS-175 ENGROSSED
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clerk of court of East Baton Rouge Parish; however, the boundaries shall not include1
any property listed as an X or W lot located on Joor Road.2
C. Purpose. The district is established for the primary object and purpose of3
promoting and encouraging the beautification, security, and overall betterment of the4
district.5
D. Governance. (1) The district shall be governed by a board of6
commissioners, referred to in this Section as the "board", consisting of seven7
members as follows:8
(a) The president of the Hampton Village Estates Homeowners Association,9
Inc., or its successor.10
(b) One member shall be appointed by the board of directors of the Hampton11
Village Estates Homeowners Association, Inc., or its successor.12
(c) One member shall be appointed by the member of the Louisiana House13
of Representatives whose district encompasses all or the greater portion of the area14
of the district.15
(d) One member shall be appointed by the member of the Louisiana Senate16
whose district encompasses all or the greater portion of the area of the district.17
(e) One member shall be appointed by the governing authority of the city of18
Central.19
(f) One member shall be appointed by the mayor of the city of Central.20
(g) One member shall be appointed by the assessor for the parish of East21
Baton Rouge.22
(2) All members of the board shall be residents and qualified voters of the23
district.24
(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(c)25
through (g) of this Subsection shall be concurrent with the respective appointing26
authority.27
(b) The member serving pursuant to Subparagraph (1)(b) of this Subsection28
shall serve a term of two years.29 HLS 12RS-175 ENGROSSED
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(c) The member serving pursuant to Subparagraph (1)(a) of this Subsection1
shall serve during his term of office.2
(4) The members of the board shall select from among themselves a3
president and such other officers as they deem appropriate.4
(5) All members of the board shall serve without compensation but may5
receive reimbursement for approved and receipted expenses directly related to the6
governance of the district.7
(6) The domicile of the board shall be within the district.8
(7) The board is authorized to adopt bylaws for its governance and conduct.9
(8) The board shall hold regular meetings as provided for in its bylaws and10
may hold special meetings at such times and places within the district as provided11
in the bylaws.12
(9) The board shall keep minutes of all meetings.13
(10) A majority of the board shall constitute a quorum for conducting14
business of the board.15
(11) Any board member who misses four meetings shall be disqualified and16
removed automatically from office.17
(12) Vacancies shall be filled in the manner of the original appointment. A18
member shall be eligible for reappointment unless he was removed pursuant to19
Paragraph (11) of this Subsection.20
E. Powers and duties. The district, acting through its board of21
commissioners, shall have the following powers and duties:22
(1) To sue and be sued.23
(2) To adopt, use, and alter at will a corporate seal.24
(3) To receive and expend funds collected pursuant to Subsection F of this25
Section and in accordance with a budget adopted as provided by Subsection H of this26
Section.27
(4) To accept private grants and donations.28
(5) To enter into contracts with individuals or entities, private or public.29 HLS 12RS-175 ENGROSSED
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(6) To purchase items and supplies which the board deems instrumental to1
achieving the purpose of the district.2
(7) To acquire, lease, insure, and sell real property within the boundaries of3
the district in accordance with district plans.4
(8) To perform or have performed any other function or activity necessary5
for the achievement of the purpose of the district.6
(9) To procure and maintain liability insurance against any personal or legal7
liability of a board member that may be asserted or incurred based upon his service8
as a member of the board or that may arise as a result of his actions taken within the9
scope and discharge of his duties as a member of the board.10
F. Parcel fee. The governing authority of the parish of East Baton Rouge11
may impose and collect a parcel fee within the district subject to and in accordance12
with the provisions of this Subsection:13
(1) The amount of the fee shall be as requested by duly adopted resolution14
of the board. The fee shall be a flat fee per parcel of land not to exceed one hundred15
twenty-five dollars per parcel per year.16
(2)(a) The fee shall be levied on each parcel located within the district.17
(b) For purposes of this Section, "parcel" means a lot, subdivided portion of18
ground, or an individual tract on which a residential structure is situated. "Parcel"19
does not include any lot, subdivided portion or ground, or individual tract owned by20
the subdivision developer as established in the official subdivision Act of21
Restrictions, Filings 1 through 4, filed with the clerk of court of East Baton Rouge22
Parish.23
(c) The owner of the parcel shall be responsible for payment of the fee.24
(3)(a) 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 a regularly scheduled primary or general election held for that purpose27
in accordance with the Louisiana Election Code. At least thirty days prior to any28
election held to approve the levy of a fee, the board shall mail notification of the29 HLS 12RS-175 ENGROSSED
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upcoming election to each registered voter of the district and to the owner of a parcel1
if the owner is not a registered voter of the district.2
(b) Not less than five years after approval of the fee by a majority of the3
registered voters of the district, the board may increase the amount of the fee one4
time without an election. The amount of the increase shall be as provided in a duly5
adopted resolution of the board, not to exceed two hundred fifty dollars per parcel6
per year.7
(c) The fee shall expire ten years from its initial levy but may be renewed as8
provided in Subparagraph (3)(a) of this Subsection. If renewed, the term of the9
imposition of the fee shall be as provided in the proposition authorizing such10
renewal, not to exceed ten years.11
(4) The fee shall be collected at the same time and in the same manner as ad12
valorem taxes on property subject to taxation by the parish are collected by the13
sheriff as ex officio tax collector of East Baton Rouge Parish.14
(5) Any fee shall be added to the tax rolls of the parish and shall be enforced15
with the same authority and subject to the same penalties and procedures as ad16
valorem taxes.17
(6) The parish of East Baton Rouge shall remit to the district all amounts18
collected not more than sixty days after collection; however, the board may enter19
into an agreement with the parish to authorize the parish to retain, as a collection fee,20
not more than one percent of the amount collected.21
G. Additional contributions. The district is authorized to solicit and accept22
additional voluntary contributions and grants to further the purposes of the district.23
H. Budget. (1) The board shall adopt an annual budget in accordance with24
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.25
(2) The district shall be subject to audit by the legislative auditor or pursuant26
to R.S. 24:513.27
I. Dissolution. (1) The district may be dissolved after the question of its28
dissolution has been approved by a majority of the registered voters of the district29 HLS 12RS-175 ENGROSSED
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voting on the proposition at a regularly scheduled election conducted in accordance1
with the provisions of the Louisiana Election Code. The question may be placed on2
the ballot only after it has been approved by the affirmative vote of not less than five3
members of the board.4
(2) If the district ceases to exist:5
(a) All funds of the district shall be transmitted by the board to the parish of6
East Baton Rouge within thirty days of dissolution. Such transmitted funds, together7
with any other funds collected by the parish of East Baton Rouge pursuant to this8
Section, shall be maintained in a separate account by the parish and shall be used9
only to promote, encourage, and enhance the security, beautification, and overall10
betterment of the district.11
(b) The authority for the imposition of the parcel fee provided in this Section12
shall cease.13
J. Indemnification and exculpation. (1) The district shall indemnify its14
officers and board members to the fullest extent permitted by R.S. 12:227, as fully15
as if the district were a nonprofit corporation governed thereby, and as may be16
provided in the district's bylaws.17
(2) No board member or officer of the district shall be liable to the district18
or to any individual who resides, owns property, visits, or otherwise conducts19
business in the district for monetary damages for breach of his duties as a board20
member or officer; however, this Paragraph does not eliminate or limit the liability21
of a board member or officer for any of the following:22
(a) Acts of omission not in good faith or which involve intentional23
misconduct or a knowing violation of the law.24
(b) Any transaction from which he derived an improper personal benefit.25
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.26
9:2792.1 through 2792.9, a person serving the district as a board member or officer27
shall not be individually liable for any act or omission arising out of the performance28
of his duties.29 HLS 12RS-175 ENGROSSED
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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)]
Richardson HB No. 107
Abstract: Creates the Hampton Village Crime Prevention and Improvement District in East
Baton Rouge Parish for the purpose of promoting and encouraging the beautification,
security, and overall betterment of the district. Creates and provides for the district's
board of commissioners. Provides for the imposition and use of a parcel fee.
Proposed law creates the Hampton Village Crime Prevention and Improvement District in
East Baton Rouge Parish as a political subdivision of the state for the purpose of promoting
and encouraging the beautification, security, and overall betterment of the district. Provides
for district boundaries.
Proposed law provides that the district is governed by a board of seven commissioners, all
of whom shall be residents and qualified voters of the district. Provides that the board is
composed as follows:
(1)The president of the Hampton Village Estates Homeowners Association, Inc., or its
successor (association).
(2)One member appointed by the board of directors of the association.
(3)One member appointed by the member of the La. House of Representatives whose
district encompasses all or the greater portion of the area of the district.
(4)One member appointed by the member of the La. Senate whose district encompasses
all or the greater portion of the area of the district.
(5)One member appointed by the governing authority of the city of Central.
(6)One member appointed by the assessor for East Baton Rouge Parish.
(7)One member appointed by the mayor of the city of Central.
Proposed law provides that members appointed pursuant to (3) through (7) above serve
terms concurrent with the appointing authority. Provides that the member appointed pursuant
to (2) above serves a two-year term. Provides that the president shall serve during his term
of office. Requires members to serve without compensation but authorizes reimbursement
of expenses.
Proposed law provides relative to the powers and duties of the district including the
following: HLS 12RS-175 ENGROSSED
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(1)To sue and be sued.
(2)To adopt, use, and alter at will a corporate seal.
(3)To receive and expend funds collected pursuant to proposed law and in accordance
with a budget adopted as provided by proposed law.
(4)To enter contracts.
(5)To acquire property.
Proposed law authorizes the governing authority of East Baton Rouge Parish, subject to
voter approval, to impose and collect a parcel fee within the district. Provides that the
amount of the fee shall be as requested by duly adopted resolution of the board. Further
provides that the fee shall be a flat fee per parcel of land not to exceed $125 per year.
Defines "parcel" as a lot, subdivided portion of ground, or an individual tract on which a
residential structure is situated.
Proposed law authorizes the board, not less than five years after the approval of the
imposition of the fee, to increase the amount of the fee one time without election. Provides
that the amount of the fee shall be as provided in a duly adopted resolution of the board and
shall not exceed $250 per parcel per year.
Proposed law provides that the fee shall expire 10 years from initial levy, but may be
renewed. Proposed law provides that if the fee is renewed, the term of the imposition of the
fee shall be as provided in the proposition authorizing such renewal, not to exceed 10 years.
Proposed law provides that the fee shall be collected in the same manner and at the same
time as ad valorem taxes are collected. Provides that any fee shall be added to the tax rolls
of the parish and shall be enforced with the same authority and subject to the same penalties
and procedures as ad valorem taxes.
Proposed law requires the parish to remit to the district all amounts collected not later than
60 days after collection. Authorizes the board of commissioners to enter into a contract with
the parish to authorize the parish to retain not more than 1% of the amount collected as a
collection fee.
Proposed law requires the board of commissioners to adopt an annual budget in accordance
with the Local Government Budget Act and provides that the district shall be subject to audit
by the legislative auditor.
Proposed law provides that if the district ceases to exist, all funds of the district shall be
transmitted by the board to the parish. Provides that such funds together with any other
funds collected by the parish pursuant to proposed law shall be maintained in a separate
account by the parish and shall be used only to promote, encourage, and enhance the
security, beautification, and overall betterment of the area included in the district.
Proposed law requires the district to indemnify its officers and board members to the fullest
extent permitted by present law (relative to indemnification of officers, directors, employees,
and agents of nonprofit corporations) as fully as if the district were a nonprofit corporation
governed thereby and as may be provided in district bylaws.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:9097.13) HLS 12RS-175 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Makes changes to the district's board, providing for appointments by the mayor
and governing authority of Central rather than the mayor and governing authority
of Baton Rouge.
2. Relative to the collection of the parcel fee, removes provision that requires the
sheriff to collect and maintain the proceeds of the fee in a separate account until
disbursed to the district.
3. Relative to the collection of the parcel fee, requires that all fees, rather than
unpaid fees, be added to the tax rolls of the parish.
4. Requires that the collection of the fee be enforced in the same manner and
subject to the same penalties as all ad valorem taxes rather than as unpaid ad
valorem taxes.