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)]
HB 787 Original 2016 Regular Session Ivey
Abstract: Relative to the Wedgewood Crime Prevention and Improvement District in East Baton
Rouge Parish, changes the boundaries of the district, the imposition and collection of the
parcel fee, the budget approval process, and provides for indemnification and exculpation
its officers and board members.
Present law creates the Wedgewood Crime Prevention and Improvement District in East Baton
Rouge Parish as a political subdivision of the state for the purpose of aiding in crime prevention and
providing for the overall betterment of the district. Provides for a seven-member board of
commissioners and provides for district boundaries.
Proposed law retains present law but changes the district's boundaries.
Present law authorizes the governing authority of East Baton Rouge to impose and collect a parcel
fee within the district. Provides that the maximum amount of the fee shall be as requested by a duly
adopted resolution of the board of the district. Further provides that the fee shall be imposed on each
improved parcel of land not to exceed $50 per year.
Proposed law authorizes the district to impose and collect a parcel fee within the district. Changes
the maximum amount of the fee from $50 to $150 for parcels zoned residential and provides for a
maximum $400 fee for parcels zoned commercial. Proposed law further provides that the initial fee
shall be $95 for parcels zoned residential and $250 for parcels zoned commercial.
Present law provides that the fee shall be levied beginning January 1, 2007. Provides that the fee
shall expire 10 years after its initial levy and authorizes a renewal of such fee. Further provides that
if the fee is not approved at the election on September 30, 2006, then the provisions of present law
shall be null and void and of no effect.
Proposed law provides that the fee shall expire ten years after its initial levy, but may be renewed
if approved by a majority of registered voters of the district voting on the proposition at an election
as provided for in present law. Provides that any election to authorize the renewal of the fee shall
be held at the same time as a regularly scheduled election in the parish of East Baton Rouge.
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 authorizes the board of commissioners to increase the amount of the parcel fee twice,
without an election, not to exceed the maximum amount authorized in proposed law. Provides that the amount of the fee may be increased only one time not less than three years but no more than six
years after the approval of the parcel fee by registered voters of the district. Provides that the fee
shall not exceed $120 per residential parcels and $325 per commercial parcels.
Present law requires the parish to remit to the district all amounts collected not more than 60 days
after collection. Proposed law retains present law.
Present law authorizes the parish to retain 1% of the amount collected as a collection fee.
Proposed law removes present law and instead authorizes the district to enter into an agreement with
the sheriff to retain a collection fee.
Present law requires the board of commissioners to adopt an annual budget in accordance with the
Local Government Budget Act. Provides that the budget and all amendments shall be subject to the
approval of the East Baton Rouge Metropolitan Council.
Proposed law removes the requirement that the budget and all amendments shall be subject to the
approval of the East Baton Rouge Metropolitan Council.
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. Provides that no board member or officer shall be liable
to the district or to any individual who resides, owns property, visits, or otherwise conducts business
in the district for monetary damages for breach of duties. Provides that this shall not eliminate or
limit the liability of a board member or officer for:
(1)Acts or omissions not in good faith or which involve intentional misconduct or a knowing
violation of law.
(2)Any transaction from which he derived an improper personal benefit.
Proposed law provides that a board member or officer shall not be individually liable for any act or
omission arising out of the performance of his duties to the fullest extent permitted by present law
relative to limitation of liability of directors, officers, and trustees of certain organizations and
districts.
Provides that the provisions of this Act have no effect on the parcel fee being imposed within the
Wedgewood Crime Prevention and Improvement District on the effective date of this Act that was
approved by the voters in the district at an election held on September 30, 2006. Provides that the
fee shall continue to be imposed until it expires. Authorizes the district to then impose a parcel fee
as provided in this Act if the imposition of the fee has been approved by the district's voters.
Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 33:9097.3(B),(F), and (G)(1); Adds R.S. 33:9097.3(I))