ENROLLED
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Regular Session, 2012
HOUSE BILL NO. 107
BY REPRESENTATIVE RICHARDSON
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
clerk of court of East Baton Rouge Parish; however, the district shall not include any21
property listed as an X or W lot located on Joor Road.22 ENROLLEDHB NO. 107
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C. Purpose. The district is established for the primary object and purpose of1
promoting and encouraging the beautification, security, and overall betterment of the2
district.3
D. Governance. (1) The district shall be governed by a board of4
commissioners, referred to in this Section as the "board", consisting of seven5
members as follows:6
(a) The president of the Hampton Village Estates Homeowners Association,7
Inc., or its successor.8
(b) One member appointed by the board of directors of the Hampton Village9
Estates Homeowners Association, Inc., or its successor.10
(c) One member appointed by the member of the Louisiana House of11
Representatives whose district encompasses all or the greater portion of the area of12
the district.13
(d) One member appointed by the member of the Louisiana Senate whose14
district encompasses all or the greater portion of the area of the district.15
(e) One member appointed by the governing authority of the city of Central.16
(f) One member appointed by the mayor of the city of Central.17
(g) One member appointed by the assessor for the parish of East Baton18
Rouge.19
(2) All members of the board shall be residents and qualified voters of the20
district.21
(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(c)22
through (g) of this Subsection shall be concurrent with the respective appointing23
authority.24
(b) The member serving pursuant to Subparagraph (1)(b) of this Subsection25
shall serve a term of two years.26
(c) The member serving pursuant to Subparagraph (1)(a) of this Subsection27
shall serve during his term of office.28
(4) The members of the board shall select from among themselves a29
president and such other officers as they deem appropriate.30 ENROLLEDHB NO. 107
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(5) All members of the board shall serve without compensation but may1
receive reimbursement for approved and receipted expenses directly related to the2
governance of the district.3
(6) The domicile of the board shall be within the district.4
(7) The board is authorized to adopt bylaws for its governance and conduct.5
(8) The board shall hold regular meetings as provided for in its bylaws and6
may hold special meetings at such times and places within the district as provided7
in the bylaws.8
(9) The board shall keep minutes of all meetings.9
(10) A majority of the board shall constitute a quorum for conducting10
business of the board.11
(11) Any board member who misses four meetings shall be disqualified and12
removed automatically from office.13
(12) Vacancies shall be filled in the manner of the original appointment. A14
member shall be eligible for reappointment unless he was removed pursuant to15
Paragraph (11) of this Subsection.16
E. Powers and duties. The district, acting through its board of17
commissioners, shall have the following powers and duties:18
(1) To sue and be sued.19
(2) To adopt, use, and alter at will a corporate seal.20
(3) To receive and expend funds collected pursuant to Subsection F of this21
Section and in accordance with a budget adopted as provided by Subsection H of this22
Section.23
(4) To accept private grants and donations.24
(5) To enter into contracts with individuals or entities, private or public.25
(6) To purchase items and supplies which the board deems instrumental to26
achieving the purpose of the district.27
(7) To acquire, lease, insure, and sell immovable property within the28
boundaries of the district in accordance with district plans.29 ENROLLEDHB NO. 107
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(8) To perform or have performed any other function or activity necessary1
for the achievement of the purpose of the district.2
(9) To procure and maintain liability insurance against any personal or legal3
liability of a board member that may be asserted or incurred based upon his service4
as a member of the board or that may arise as a result of his actions taken within the5
scope and discharge of his duties as a member of the board.6
F. Parcel fee. The governing authority of the parish of East Baton Rouge7
may impose and collect a parcel fee within the district subject to and in accordance8
with the provisions of this Subsection:9
(1) The amount of the fee shall be as requested by duly adopted resolution10
of the board. The fee shall be a flat fee per parcel of land not to exceed one hundred11
twenty-five dollars per parcel per year.12
(2)(a) The fee shall be levied on each parcel located within the district.13
(b) For purposes of this Section, "parcel" means a lot, subdivided portion of14
ground, or an individual tract on which a residential structure is situated. "Parcel"15
does not include any lot, subdivided portion or ground, or individual tract owned by16
the subdivision developer as established in the official subdivision Act of17
Restrictions, Filings 1 through 4, filed with the clerk of court of East Baton Rouge18
Parish.19
(c) The owner of the parcel shall be responsible for payment of the fee.20
(3)(a) The fee shall be imposed only after the question of its imposition has21
been approved by a majority of the registered voters of the district voting on the22
proposition at a regularly scheduled primary or general election held for that purpose23
in accordance with the Louisiana Election Code. At least thirty days prior to any24
election held to approve the levy of a fee, the board shall mail notification of the25
upcoming election to each registered voter of the district and to the owner of a parcel26
if the owner is not a registered voter of the district.27
(b) Not less than five years after approval of the fee by a majority of the28
registered voters of the district, the board may increase the amount of the fee one29
time without an election. The amount of the increase shall be as provided in a duly30 ENROLLEDHB NO. 107
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adopted resolution of the board, not to exceed two hundred fifty dollars per parcel1
per year.2
(c) The fee shall expire ten years from its initial levy but may be renewed as3
provided in Subparagraph (3)(a) of this Subsection. If renewed, the term of the4
imposition of the fee shall be as provided in the proposition authorizing such5
renewal, not to exceed ten years.6
(4) The fee shall be collected at the same time and in the same manner as ad7
valorem taxes on property subject to taxation by the parish are collected by the8
sheriff as ex officio tax collector of East Baton Rouge Parish.9
(5) Any fee shall be added to the tax rolls of the parish and shall be enforced10
with the same authority and subject to the same penalties and procedures as ad11
valorem taxes.12
(6) The sheriff of East Baton Rouge shall remit to the district all amounts13
collected not more than sixty days after collection; however, the board may enter into14
an agreement with the sheriff to authorize the sheriff to retain a collection fee.15
G. Additional contributions. The district is authorized to solicit and accept16
additional voluntary contributions and grants to further the purposes of the district.17
H. Budget. (1) The board shall adopt an annual budget in accordance with18
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.19
(2) The district shall be subject to audit by the legislative auditor or pursuant20
to R.S. 24:513.21
I. Dissolution. (1) The district may be dissolved after the question of its22
dissolution has been approved by a majority of the registered voters of the district23
voting on the proposition at a regularly scheduled election conducted in accordance24
with the provisions of the Louisiana Election Code. The question may be placed on25
the ballot only after it has been approved by the affirmative vote of not less than five26
members of the board.27
(2) If the district ceases to exist:28
(a) All funds of the district shall be transmitted to the city of Central and29
shall be used for law enforcement purposes in the area included within the district.30 ENROLLEDHB NO. 107
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(b) The authority for the imposition of the parcel fee provided in this Section1
shall cease.2
J. Indemnification and exculpation. (1) The district shall indemnify its3
officers and board members to the fullest extent permitted by R.S. 12:227, as fully4
as if the district were a nonprofit corporation governed thereby, and as may be5
provided in the district's bylaws.6
(2) No board member or officer of the district shall be liable to the district7
or to any individual who resides, owns property, visits, or otherwise conducts8
business in the district for monetary damages for breach of his duties as a board9
member or officer; however, this Paragraph does not eliminate or limit the liability10
of a board member or officer for any of the following:11
(a) Acts of omission not in good faith or which involve intentional12
misconduct or a knowing violation of the law.13
(b) Any transaction from which he derived an improper personal benefit.14
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.15
9:2792.1 through 2792.9, a person serving the district as a board member or officer16
shall not be individually liable for any act or omission arising out of the performance17
of his duties.18
Section 2. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: