Louisiana 2025 2025 Regular Session

Louisiana House Bill HB282 Comm Sub / Analysis

                    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 282 Original	2025 Regular Session	McMakin
Abstract:  Creates the Cypress Point Improvement District in East Baton Rouge Parish and provides
for the district's boundaries, purpose, governance, and funding, including the authority to
impose a parcel fee.
Proposed law creates the Cypress Point Improvement District in East Baton Rouge Parish as a
political subdivision of the state for the purpose of providing for improvements to drainage and
sewer systems and for the overall betterment of the district.  Provides for district boundaries.
Proposed law provides that the district shall be governed by a seven-member board of commissioners
composed as follows:
(1)Four members appointed by the board of directors of the Cypress Point Homeowners Assoc.
(2)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.
(3)One member appointed by the member of the La. Senate whose district encompasses all or
the greater portion of the area of the district.
(4)One member appointed by the assessor for East Baton Rouge Parish.
Proposed law provides for the district's power and duties including the following:
(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 as provided by proposed law.
(4)To enter into contracts and agreements with one or more other districts for the joint
improvement or betterment of all participating districts.
(5)To perform or have performed any other function or activity necessary for achieving the
district's purpose. Proposed law authorizes the district, subject to voter approval, to impose and collect a parcel fee
within the district.  Provides that the amount of the fee shall not exceed $300 per parcel per year. 
Requires that the fee be imposed on each improved and unimproved parcel located within the
district.  Authorizes the board, not sooner than five years from the initial proposition of the fee, to
increase the fee one time without an election.
Proposed law provides that the fee shall expire 20 years after its levy but authorizes the renewal of
the fee.
Proposed law provides that the fee shall be collected at the same time and in the same manner as ad
valorem taxes and that any unpaid fee shall be added to the parish tax rolls and enforced with the
same authority and subject to the same penalties and procedures as unpaid ad valorem taxes. 
Requires the tax collector to remit to the district all amounts collected not more than 60 days after
collection authorizes the district to enter into an agreement with the tax collector to authorize the
retention of a collection fee, not to exceed 1% of the amount collected.
Proposed law requires the district's board to adopt an annual budget in accordance with the present
law La. 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 district funds shall be transmitted to the
governing authority of East Baton Rouge Parish to be used for the beautification of and
improvements to the area which comprised 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 organizations) 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.  However, 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 the member 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 extend permitted by present law
relative to limitation of liability of directors, officers, and trustees of certain organizations and
districts.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:9097.50)