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2021 Regular Session
SENATE BILL NO. 205
BY SENATORS WHITE, CLOUD, FOIL, HENRY AND TARVER
SPECIAL DISTRICTS. Creates certain parks and recreation districts in East Baton Rouge
Parish. (7/1/21)
1 AN ACT
2 To amend and reenact R.S. 33:4570, 4570.2, and 4570.4(B) and to enact R.S. 33:4570.7 and
3 4570.8, relative to parks and recreation districts in East Baton Rouge Parish; to
4 create certain parks and recreation districts; to provide for boundaries; to provide for
5 the purposes of the district; to provide for governance and powers; to provide for the
6 transfer of the operation and control of certain properties and facilities to the
7 districts; to except the districts from certain authority; to provide for effective dates;
8 and to provide for related matters.
9 Notice of intention to introduce this Act has been published.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 33:4570, 4570.2, and 4570.4(B) are hereby amended and reenacted
12 and R.S. 33:4570.7 and 4570.8 are hereby enacted to read as follows:
13 §4570. The Recreation and Park Commission for the Parish of East Baton Rouge;
14 creation
15 There is hereby created the Recreation and Park Commission for the Parish
16 of East Baton Rouge, whose authority shall extend to the whole parish, inclusive of
17 the territorial limits of the city of Baton Rouge and exclusive of the districts as
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1 provided in R.S. 33:4570.7 and 4570.8, as those limits are now or may hereafter be
2 fixed and determined.
3 * * *
4 §4570.2. Legal status; rights and privileges
5 The commission is the legal successor of the Baton Rouge Parish and
6 Municipal Recreation Commission for the Parish of East Baton Rouge, and succeeds
7 to all of the rights and obligations of the said late recreation commission, and to the
8 ownership of all of the property, movable or immovable, tangible or intangible,
9 owned by the said late recreation commission, and to all of the rights, privileges, and
10 concessions of every kind and nature invested in and exercised by the said late
11 recreation commission, by the city of Baton Rouge, or the parish of East Baton
12 Rouge, except as provided in R.S. 33:4570.7 and 4570.8. The commission has the
13 right to own and administer in the public welfare, and for public recreational and
14 park purposes, the leases, concessions, rights, and privileges heretofore granted by
15 the late commission council of the city of Baton Rouge, and the late police jury of
16 the parish of East Baton Rouge to the said late recreation commission and to develop
17 and expand upon these leases, concessions, rights, and privileges.
18 * * *
19 §4570.4. Corporate status; bonds; taxes; collections
20 * * *
21 B. In addition to the foregoing, and in accordance with the provisions of
22 Article VI, Section 32 of the Constitution of Louisiana and any other applicable
23 provisions of the constitution and laws of the state, the commission may impose and
24 collect from year to year taxes upon all of the taxable property carried on the
25 assessment rolls of the parish of East Baton Rouge except for the property
26 contained within the boundaries of the recreation districts created pursuant to,
27 and except as provided in, R.S. 33:4570.7 and 4570.8, which in the aggregate and
28 exclusive of any taxes levied to pay debt service on bonds of the commission shall
29 not exceed eighteen mills on the dollar of assessed value as the commission shall
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1 determine and the proceeds of any such tax shall be used in acquiring, developing,
2 maintaining, and operating the public parks and recreational properties and facilities
3 of the commission and in making available funds for the operating budget.
4 * * *
5 §4570.7. Zachary Recreation District; creation; boundaries; objects and
6 purposes; governing authority; powers
7 A. Creation. There is hereby created a body politic and corporate which
8 shall be known as the Zachary Recreation District, referred to in this Section
9 as the "district". The district shall be a political subdivision of the state as
10 defined in the Constitution of Louisiana.
11 B. Boundaries. The boundaries of the district shall be coterminous with
12 boundaries of the city of Zachary.
13 C. Purpose. The district is established for the purpose of planning,
14 developing, and operating public park and recreational properties and facilities
15 in the district and administering programs and activities that promote
16 recreation and the general health and well-being of citizens.
17 D. Governance. (1) The district shall be governed by a board of
18 commissioners, referred to in this Section as the "board". The board shall be
19 composed of the members of the city council of the city of Zachary.
20 (2) The board shall elect from its members a chairman, a vice chairman,
21 a secretary-treasurer, and other such officers as it may consider necessary. The
22 duties of the officers shall be fixed by the bylaws adopted by the board.
23 (3) The minute books and archives of the district shall be maintained by
24 the secretary-treasurer of the board. The monies, funds, and accounts of the
25 district shall be in the official custody of the board.
26 (4) Members of the board shall each receive a per diem of seventy-five
27 dollars for each meeting they attend, not to exceed twelve meetings per year.
28 Such per diem shall be paid out of the funds of the district.
29 (5) The board shall have the power and authority to name and employ
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1 a person who shall be designated as superintendent of the district and to
2 prescribe and pay an annual salary to the superintendent. The superintendent
3 shall not be a member of the board.
4 E. Powers. The district shall have all powers necessary or convenient to
5 effectuate the purposes of the district, including but not limited to the following
6 rights and powers:
7 (1) To acquire, purchase, lease as lessee, and hold and use any property,
8 real, personal or mixed, tangible or intangible, or any interest therein necessary
9 or desirable for effectuating its purposes, and to sell, transfer, lease as lessor,
10 and dispose of any property or interest therein at any time acquired by the
11 district.
12 (2)(a) To acquire by purchase, donation, expropriation, lease, or
13 otherwise and to construct, improve, maintain, operate park and recreational
14 facilities, and to administer programs which it considers necessary to effectuate
15 the purposes of the district.
16 (b) For the purpose of acquiring and developing land and other property
17 as public park areas or for public recreational purposes, the board shall have
18 the right to expropriate property in the same manner and by the same
19 proceedings and under the same limitations invested in and imposed by law on
20 railroads and other quasi-public corporations.
21 (3) To enter into agreements with any person or persons, corporation,
22 association, or other entity, including public corporations, political subdivisions,
23 municipalities, the United States government and agencies thereof, the state of
24 Louisiana or any of its agencies, or any combination thereof for the operation
25 of any or all park and recreation properties and facilities.
26 (4) To enter into contracts with any public or private entity in carrying
27 out its purposes, including but not limited to contracts for construction or
28 acquisition of property and facilities incident to the purposes of the district.
29 (5) To fix, collect, and revise rates, charges, and rentals for parks,
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1 facilities, and services as necessary.
2 (6) To adopt bylaws for the management and regulation of its affairs and
3 for the regulation and control of recreational and park facilities within its
4 jurisdiction.
5 (7) To cooperate and contract with the government of the United States
6 or any department or agency thereof and with the state of Louisiana or any
7 department, agency, or political subdivision thereof and to accept gifts, grants,
8 and donations or property and money therefrom.
9 (8) To cooperate with the state of Louisiana or any political subdivision,
10 department, agency, or corporation of the state for the construction, operation,
11 and maintenance of facilities designed to accomplish the purposes for which the
12 district is created on any basis, including the matching of funds, and by
13 participating in projects authorized by federal or state law as it shall see fit.
14 (9) To borrow money and to pledge or grant a security device affecting
15 all or part of its revenues, leases, rents, and other advantages as security for
16 such loans.
17 (10)(a) For the 2021 thru 2026 tax years, to levy and collect annually an
18 ad valorem tax not to exceed eighteen mills on the dollar of assessed valuation
19 on all property within the district subject to ad valorem taxes in accordance
20 with Article VI, Section 30 of the Constitution of Louisiana. The maximum
21 assessment shall be inclusive of the ad valorem taxes currently levied by the
22 Recreation and Park Commission for the Parish of East Baton Rouge
23 (commission) pursuant to R.S. 33:4570.4 on properties located within the
24 geographic boundaries of the district for which the avails are pledged as
25 security for bonded indebtedness. Any new assessment or renewal of a current
26 assessment in accordance with Article VI, Section 30 of the Constitution of
27 Louisiana shall be subject to approval by a majority of the electors of the
28 district voting on the proposition at an election called by the board and held for
29 that purpose.
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1 (b) To levy and collect annually, beginning with the 2027 tax year and for
2 such period of time as provided in the ballot proposition authorizing the levy of
3 such tax, an ad valorem tax not to exceed eighteen mills on the dollar of assessed
4 valuation on all property within the district subject to ad valorem taxes in
5 accordance with Article VI, Section 32 of the Constitution of Louisiana, subject
6 to approval by a majority of the electors of the district voting on the proposition
7 at an election called by the board and held for that purpose.
8 (c) To levy and collect annually, beginning with the 2028 tax year or
9 thereafter, an ad valorem tax in addition to the tax authorized by Subparagraph
10 (b) of this Paragraph on all property within the district subject to ad valorem
11 taxes in accordance with Article VI, Section 32 of the Constitution of Louisiana,
12 subject to approval by a majority of the electors of the district voting on the
13 proposition at an election called by the board and held for that purpose. The
14 rate and duration of the tax shall be as specified in the ballot proposition
15 authorizing the levy of such tax.
16 (d) Any taxes authorized pursuant to this Paragraph shall be collected
17 in the same manner as other ad valorem taxes. The avails of any such tax shall
18 be used solely for acquisition, construction, improvement, maintenance, and
19 operation of park and recreational facilities or improvements and any legacy
20 costs associated with the transition.
21 (11) To issue bonds for the purpose of constructing, acquiring,
22 improving, maintaining, or extending park and recreational facilities of the
23 district pursuant to Article VI, Section 33 of the Constitution of Louisiana and
24 other constitutional and statutory authority supplemental thereto. Such bonds
25 may be issued only after authorization by a majority of voters in the district
26 voting on the proposition at an election called by the board and held for that
27 purpose.
28 F. Transition. (1) Effective July 1, 2021, the board, acting on behalf of
29 the district, shall be granted the powers provided in Subsection E of this
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1 Section. Beginning on such date, the commission shall no longer have the
2 authority to levy and collect any taxes within the geographic boundaries of the
3 district except any ad valorem taxes or portion thereof which avails are pledged
4 as security for bonded indebtedness. The authority of the commission to levy
5 and collect such taxes pursuant to this Paragraph shall expire at the time and
6 for the year in which the indebtedness is paid off.
7 (2) The commission shall receive all ad valorem and property taxes
8 levied pursuant to R.S. 33:4570.4 and collected on properties located within the
9 geographic boundaries of the district through June 30, 2021. Beginning on
10 July 1, 2021, and thereafter, the tax collector shall remit all ad valorem and
11 property taxes levied pursuant to Paragraph (E)(10) of this Section and
12 collected on properties located within the geographic boundaries of the district,
13 including delinquent payments, to the district, except as required to be remitted
14 to the commission pursuant to Paragraph (1) of this Subsection.
15 (3) The district shall begin the actual operation of public park and
16 recreation properties and facilities within its jurisdiction on July 1, 2021.
17 (4) Beginning on the date the district begins such operation and
18 thereafter, all lands, buildings, improvements, facilities, equipment, and other
19 property having title vested in the public and subject to management,
20 administration, and control by the commission pursuant to R.S. 33:4570
21 through 4570.4 but located within the geographic boundaries of the district shall
22 be subject to management, administration, and control of the district.
23 (5) The commission shall transfer ownership to the district its
24 comparable pro rata share of equipment and other moveables.
25 (6) The commission shall work cooperatively with the district to effect
26 the transfer of buildings, other facilities, assets, and equipment related to the
27 facilities and assets located within the geographic boundaries of the district in
28 an efficient and expeditious manner.
29 (7) Effective July 1, 2021, the commission shall provide the district with
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1 immediate and complete access to:
2 (a) All buildings and facilities within the district. Such access shall
3 include making the buildings and facilities to be transferred available, free of
4 charge, to the district.
5 (b) All records including but not limited to maintenance, insurance, and
6 warranty records associated with properties and other assets, including
7 movables, to be transferred to the district.
8 (c) All financial records associated with building, facilities, and other
9 assets to be transferred to the district, including those related to building
10 maintenance, taxes, insurance, and indebtedness.
11 (d) The commission shall not:
12 (i) Interfere, or impede in any way, with the processes to transfer the
13 buildings and other facilities, property, equipment, and all other assets related
14 to those items located within the geographical boundaries of the district to the
15 district.
16 (ii) Sell, transfer, or otherwise remove any asset or thing of value,
17 movable or immovable, corporeal or incorporeal, attributable to the properties
18 and equipment to be transferred to the district prior to such transfer.
19 (iii) Incur, transfer, or assign any debt or other responsibility or
20 obligation to properties to be transferred to the district that is not properly
21 attributable to such properties.
22 §4570.8. Central Recreation District; creation; boundaries; objects and
23 purposes; governing authority; powers
24 A. Creation. There is hereby created a body politic and corporate which
25 shall be known as the Central Recreation District, referred to in this Section as
26 the "district". The district shall be a political subdivision of the state as defined
27 in the Constitution of Louisiana.
28 B. Boundaries. The boundaries of the district shall be coterminous with
29 boundaries of the city of Central.
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1 C. Purpose. The district is established for the purpose of planning,
2 developing, and operating public park and recreational properties and facilities
3 in the district and administering programs and activities that promote
4 recreation and the general health and well-being of citizens.
5 D. Governance. (1) The district shall be governed by a board of
6 commissioners, referred to in this Section as the "board". The board shall be
7 composed as follows:
8 (a) The member of the Louisiana House of Representatives whose district
9 encompasses the majority of voters of the recreation district shall appoint one
10 member.
11 (b) The member of the Louisiana Senate whose district encompasses a
12 majority of the voters of the recreation district shall appoint one member.
13 (c) The city council of the city of Central shall appoint two members.
14 (d) The board of the Central Community School District shall appoint
15 one member.
16 (2) All board members shall be qualified voters and residents of the
17 district and at least twenty-one years of age.
18 (3) Board members shall serve four-year terms after initial terms as
19 provided in this Paragraph. One member shall serve an initial term of four
20 years; one member shall serve an initial term of three years; two members shall
21 serve initial terms of two years; and one member shall serve an initial term of
22 one year, as determined by lot at the first meeting of the board.
23 (4) Any vacancy which occurs prior to the expiration of the term for
24 which a member of the board has been appointed shall be filled for the
25 remainder of the unexpired term in the same manner as the original
26 appointment. Board members shall be eligible for reappointment.
27 (5) The board shall elect from its members a chairman, a vice chairman,
28 a secretary-treasurer, and other such officers as it may consider necessary. The
29 duties of the officers shall be fixed by the bylaws adopted by the board.
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1 (6) The minute books and archives of the district shall be maintained by
2 the secretary-treasurer of the board. The monies, funds, and accounts of the
3 district shall be in the official custody of the board.
4 (7) Members of the board shall each receive a per diem of seventy-five
5 dollars for each meeting they attend, not to exceed twelve meetings per year.
6 Such per diem shall be paid out of the funds of the district.
7 (8) The board shall have the power and authority to name and employ
8 a person who shall be designated as superintendent of the district and to
9 prescribe and pay an annual salary to the superintendent. The superintendent
10 shall not be a member of the board.
11 E. Powers. The district shall have all powers necessary or convenient to
12 effectuate the purposes of the district, including but not limited to the following
13 rights and powers:
14 (1) To acquire, purchase, lease as lessee, and hold and use any property,
15 real, personal or mixed, tangible or intangible, or any interest therein necessary
16 or desirable for effectuating its purposes, and to sell, transfer, lease as lessor,
17 and dispose of any property or interest therein at any time acquired by the
18 district.
19 (2)(a) To acquire by purchase, donation, expropriation, lease, or
20 otherwise and to construct, improve, maintain, and operate park and
21 recreational facilities, and to administer programs which it considers necessary
22 to effectuate the purposes of the district.
23 (b) For the purpose of acquiring and developing land and other property
24 as public park areas or for public recreational purposes, the board shall have
25 the right to expropriate property in the same manner and by the same
26 proceedings and under the same limitations invested in and imposed by law on
27 railroads and other quasi-public corporations.
28 (3) To enter into agreements with any person or persons, corporation,
29 association, or other entity, including public corporations, political subdivisions,
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1 municipalities, the United States government and agencies thereof, the state of
2 Louisiana or any of its agencies, or any combination thereof for the operation
3 of any or all park and recreation properties and facilities.
4 (4) To enter into contracts with any public or private entity in carrying
5 out its purposes, including but not limited to contracts for construction or
6 acquisition of property and facilities incident to the purposes of the district.
7 (5) To fix, collect, and revise rates, charges, and rentals for parks,
8 facilities, and services as necessary.
9 (6) To adopt bylaws for the management and regulation of its affairs and
10 for the regulation and control of recreational and park facilities within its
11 jurisdiction.
12 (7) To cooperate and contract with the government of the United States
13 or any department or agency thereof and with the state of Louisiana or any
14 department, agency, or political subdivision thereof and to accept gifts, grants,
15 and donations or property and money therefrom.
16 (8) To cooperate with the state of Louisiana or any political subdivision,
17 department, agency, or corporation of the state for the construction, operation,
18 and maintenance of facilities designed to accomplish the purposes for which the
19 district is created on any basis, including the matching of funds, and by
20 participating in projects authorized by federal or state law as it shall see fit.
21 (9) To borrow money and to pledge or grant a security device affecting
22 all or part of its revenues, leases, rents, and other advantages as security for
23 such loans.
24 (10)(a) For the 2021 thru 2026 tax years, to levy and collect annually an
25 ad valorem tax not to exceed eighteen mills on the dollar of assessed valuation
26 on all property within the district subject to ad valorem taxes in accordance
27 with Article VI, Section 30 of the Constitution of Louisiana. The maximum
28 assessment shall be inclusive of the ad valorem taxes currently levied by the
29 Recreation and Park Commission for the Parish of East Baton Rouge
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1 (commission) pursuant to R.S. 33:4570.4 on properties located within the
2 geographic boundaries of the district for which the avails are pledged as
3 security for bonded indebtedness. Any new assessment or renewal of a current
4 assessment in accordance with Article VI, Section 30 of the Constitution of
5 Louisiana shall be subject to approval by a majority of the electors of the
6 district voting on the proposition at an election called by the board and held for
7 that purpose.
8 (b) To levy and collect annually, beginning with the 2027 tax year and for
9 such period of time as provided in the ballot proposition authorizing the levy of
10 such tax, an ad valorem tax not to exceed eighteen mills on the dollar of assessed
11 valuation on all property within the district subject to ad valorem taxes in
12 accordance with Article VI, Section 32 of the Constitution of Louisiana, subject
13 to approval by a majority of the electors of the district voting on the proposition
14 at an election called by the board and held for that purpose.
15 (c) To levy and collect annually, beginning with the 2028 tax year or
16 thereafter, an ad valorem tax in addition to the tax authorized by Subparagraph
17 (b) of this Paragraph on all property within the district subject to ad valorem
18 taxes in accordance with Article VI, Section 32 of the Constitution of Louisiana,
19 subject to approval by a majority of the electors of the district voting on the
20 proposition at an election called by the board and held for that purpose. The
21 rate and duration of the tax shall be as specified in the ballot proposition
22 authorizing the levy of such tax.
23 (d) Any taxes authorized pursuant to this Paragraph shall be collected
24 in the same manner as other ad valorem taxes. The avails of any such tax shall
25 be used solely for acquisition, construction, improvement, maintenance, and
26 operation of park and recreational facilities or improvements and any legacy
27 costs associated with the transition.
28 (11) To issue bonds for the purpose of constructing, acquiring,
29 improving, maintaining, or extending park and recreational facilities of the
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1 district pursuant to Article VI, Section 33 of the Constitution of Louisiana and
2 other constitutional and statutory authority supplemental thereto. Such bonds
3 may be issued only after authorization by a majority of voters in the district
4 voting on the proposition at an election called by the board and held for that
5 purpose.
6 F. Transition. (1) Effective July 1, 2021, the board acting on behalf of the
7 district shall be granted the powers provided in Subsection E of this Section.
8 Beginning on such date, the commission shall no longer have the authority to
9 levy and collect any taxes within the geographic boundaries of the district
10 except any ad valorem taxes or portion thereof which avails are pledged as
11 security for bonded indebtedness. The authority of the commission to levy and
12 collect such taxes pursuant to this Paragraph shall expire at the time and for the
13 year in which the indebtedness is paid off.
14 (2) The commission shall receive all ad valorem and property taxes
15 levied pursuant to R.S. 33:4570.4 and collected on properties located within the
16 geographic boundaries of the district through June 30, 2021. Beginning on July
17 1, 2021, and thereafter, the tax collector shall remit all ad valorem and property
18 taxes levied pursuant to Paragraph (E)(10) of this Section and collected on
19 properties located within the geographic boundaries of the district, including
20 delinquent payments, to the district, except as required to be remitted to the
21 commission pursuant to Paragraph (1) of this Subsection.
22 (3) The district shall begin the actual operation of public park and
23 recreation properties and facilities within its jurisdiction on July 1, 2021.
24 (4) Beginning on the date the district begins such operation and
25 thereafter, all lands, buildings, improvements, facilities, and equipment and
26 other property having title vested in the public and subject to management,
27 administration, and control by the commission pursuant to R.S. 33:4570
28 through 4570.4 but located within the geographic boundaries of the district shall
29 be subject to management, administration, and control of the district.
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1 (5) The commission shall transfer ownership to the district its
2 comparable pro rata share of equipment and other moveables.
3 (6) The commission shall work cooperatively with the district to effect
4 the transfer of buildings, other facilities, assets, and equipment related to the
5 facilities and assets located within the geographic boundaries of the district in
6 an efficient and expeditious manner.
7 (7) Effective July 1, 2021, the commission shall provide the district with
8 immediate and complete access to:
9 (a) All buildings and facilities within the district. Such access shall
10 include making the buildings and facilities to be transferred available, free of
11 charge, to the district.
12 (b) All records including but not limited to maintenance, insurance, and
13 warranty records associated with properties and other assets, including
14 movables, to be transferred to the district.
15 (c) All financial records associated with building, facilities, and other
16 assets to be transferred to the district, including those related to building
17 maintenance, taxes, insurance, and indebtedness.
18 (d) The commission shall not:
19 (i) Interfere, or impede in any way, with the processes to transfer the
20 buildings and other facilities, property, equipment, and all other assets related
21 to those items located within the geographical boundaries of the district to the
22 district.
23 (ii) Sell, transfer, or otherwise remove any asset or thing of value,
24 movable or immovable, corporeal or incorporeal, attributable to the properties
25 and equipment to be transferred to the district prior to such transfer.
26 (iii) Incur, transfer, or assign any debt or other responsibility or
27 obligation to properties to be transferred to the district that is not properly
28 attributable to such properties.
29 Section 2. This Act shall become effective on July 1, 2021; if vetoed by the governor
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1 and subsequently approved by the legislature, this Act shall become effective on July 1,
2 2021, or on the day following such approval by the legislature, whichever is later.
The original instrument was prepared by Dawn Romero Watson. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Ann S. Brown.
DIGEST
SB 205 Reengrossed 2021 Regular Session White
Proposed law creates three separate recreation districts in East Baton Rouge Parish from a
portion of the Recreation and Park Commission for the parish of East Baton Rouge (BREC).
Present law provides that BREC's authority shall extend to the whole parish.
Proposed law excepts the area within the boundaries of the Zachary Recreation District and
Central Recreation District from BREC's authority.
Present law provides that BREC is the legal successor of the Baton Rouge Parish and
Municipal Recreation Commission for the parish of East Baton Rouge (EBR), and succeeds
to all of the rights and obligations of such recreation commission, and to the ownership of
all of the property, movable or immovable, tangible or intangible, owned by such former
recreation commission, and to all of the rights, privileges, and concessions of every kind and
nature invested in and exercised by such recreation commission, by the city of BR, or the
parish of EBR.
Proposed law retains present law with the exception of the assets and authority in the
geographic areas of the new districts in proposed law.
Present law authorizes BREC to impose and collect from year to year taxes upon all of the
taxable property carried on the assessment rolls of EBR Parish.
Proposed law excepts the property within the boundaries of the Zachary Recreation District,
the Central Recreation District from BREC's taxing authority.
Proposed law creates each district as a body politic and corporate with boundaries
coterminous with the boundaries of the cities of Zachary and Central. Provides that the
purpose of these districts shall be to plan, develop, and operate the public park and
recreational properties and facilities in their respective districts and to administer programs
and activities that promote recreation and the general health and well-being of citizens.
Provides that the district shall be a political subdivision as defined in present constitution.
Proposed law provides that each district shall be governed by a board of commissioners.
Provides that the city council of the city of Zachary shall serve as the board of
commissioners for the Zachary Recreation Commission and provides for specific
appointments for the boards of commissioners for the Central Recreation Commission.
Proposed law provides that each board shall elect from its members a chairman, a vice
chairman, a secretary-treasurer, and other such officers considered necessary and that
officers' duties shall be fixed by board bylaws. Provides the secretary-treasurer shall
maintain the district's minute books and archives and that the district's monies, funds, and
accounts shall be in the board's official custody. Provides that board members shall receive
a $75 per diem for each meeting they attend, not to exceed 12 meetings per year, and that
such per diem shall be paid out of district funds.
Proposed law authorizes each board to hire a superintendent, and provides that the
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superintendent shall not be a board member.
Proposed law provides that each district shall have the following powers:
(1)To acquire, purchase, lease as lessee, and hold and use any property, real, personal
or mixed, tangible or intangible, or any interest therein necessary or desirable for its
purposes, and to sell, transfer, lease as lessor, and dispose of any property or interest
therein.
(2)To acquire by purchase, donation, expropriation, lease, or otherwise and to construct,
improve, maintain, and operate park and recreational facilities and to administer
programs which it considers necessary to effectuate the district purposes.
(3)To enter into agreements with any person or persons, corporation, association, or
other entity, including public corporations, political subdivisions, municipalities, the
U.S. government and agencies thereof, the state or any of its agencies, or any
combination thereof for the operation of park and recreation properties and facilities.
(4)To enter into contracts with any public or private entity in carrying out its purposes,
including contracts for construction or acquisition of property and facilities incident
to district purposes.
(5)To fix, collect, and revise rates, charges, and rentals for parks facilities and services
as necessary.
(6)To adopt bylaws for the management and regulation of its affairs and for the
regulation and control of recreational and park facilities within its jurisdiction.
(7)To cooperate and contract with the U.S. government or any department or agency
thereof and with the state or any department, agency, or political subdivision thereof
and to accept gifts, grants, and donations or property and money therefrom.
(8)To cooperate with the state or any political subdivision, department, agency, or
corporation of the state for the construction, operation, and maintenance of facilities
designed to accomplish district purposes on any basis, including the matching of
funds, and by participating in projects authorized by federal or state law as it shall
see fit.
(9)To borrow money and to pledge or grant a security device affecting all or part of its
revenues, leases, rents, and other advantages as security for the loans.
(10)To issue bonds for the purpose of constructing, acquiring, improving, maintaining,
or extending park and recreational facilities of the district, with voter approval.
Proposed law regarding the recreation districts for the municipalities of Zachary and Central
provides that:
(1)The board shall have the authority for the 2021 thru 2026 tax years, to levy and
collect annually an ad valorem tax not to exceed 18 mills on the dollar of assessed
valuation on all property within each new district. Provides that the maximum
assessment shall be inclusive of the ad valorem taxes currently levied by BREC on
properties located within the geographic boundaries of the new districts for which
the avails are pledged as security for bonded indebtedness. Provides that any new
assessment or renewal of a current assessment shall be subject to the voter approval.
Provides that beginning with the 2027 tax year and for such period of time as
provided in the ballot proposition authorizing the levy of such tax, each district may
levy and assess an ad valorem tax not to exceed 18 mills on the dollar of assessed
valuation on all property within their district, with voter approval. Provides that
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beginning with the 2028 tax year and thereafter, an additional ad valorem tax may
be levied and collected, with voter approval. Provides that the avails of the taxes
shall be used solely for acquisition, construction, improvement, maintenance, and
operation of park and recreational facilities or improvements and any legacy costs
associated with the transition.
(2)Effective July 1, 2021, the board acting on behalf of the district shall be granted the
powers provided in proposed law. Specifically provides that as of July 1, 2021,
BREC shall no longer have the authority to levy and collect any taxes within the
geographic boundaries of the new districts except any ad valorem taxes or portion
thereof which avails were pledged as security for bonded indebtedness and that the
authority of BREC shall expire at the time and for the year in which the indebtedness
is paid off.
(3)BREC shall receive all ad valorem and property taxes levied and collected on
properties located within the geographic boundaries of the new districts through June
30, 2021. Provides that beginning on July 1, 2021, and thereafter, the tax collector
shall remit all ad valorem and property taxes levied and collected on properties
located within the geographic boundaries of the new districts, including delinquent
payments, to the appropriate new district, except amounts required to be remitted to
BREC for bonded indebtedness.
(4)Each new district shall begin the actual operation of public park and recreation
properties and facilities within its jurisdiction on July 1, 2021. Provides that
beginning on the date the district begins such operation and thereafter, all lands,
buildings, and improvements, facilities, and equipment and other property having
title vested in the public and subject to management, administration, and control by
BREC but located within the geographic boundaries of a new district shall be subject
to management, administration, and control of the appropriate new district. Requires
BREC to work cooperatively to transfer buildings, other facilities, assets, and
equipment related to the facilities and assets located within the geographic
boundaries of the new districts in an efficient and expeditious manner.
(5)Effective July 1, 2021, BREC shall provide the new districts with immediate and
complete access to:
(a)All buildings and facilities within their district.
(b)All records including but not limited to maintenance, insurance, and warranty
records associated with properties and other assets, including movables, to
be transferred.
(c)All financial records associated with building, facilities, and other assets to
be transferred, including those related to building maintenance, taxes,
insurance, and indebtedness.
(6)BREC is prohibited from:
(a)Interfering, or impeding in any way, with the processes to transfer the
buildings and other facilities, property, equipment, and all other assets related
to those items located within the geographical boundaries of the new
districts.
(b)Selling, transferring, or otherwise removing any asset or thing of value,
movable or immovable, corporeal or incorporeal, attributable to the
properties and equipment to be transferred to the new districts.
(c)Incurring, transferring, or assigning any debt or other responsibility or
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obligation to properties to be transferred to the new districts that is not
properly attributable to those properties.
Provides the provision regarding the Zachary and Central Recreation Districts shall be
effective July 1, 2021.
(Amends R.S. 33:4570, 4570.2 and 4570.4(B); adds R.S. 33:4570.7 and 4570.8)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Removes provisions related to St. George.
2. Adds provisions regarding new or renewal of current assessments for 2021
thru 2026 tax years.
Senate Floor Amendments to engrossed bill
1. Makes technical corrections.
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