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First Extraordinary Session, 2011
HOUSE BILL NO. 28
BY REPRESENTATIVE TUCKER
CENSUS: Provides relative to classifications of political subdivisions by population (Item
#8)
AN ACT1
To amend and reenact R.S. 11:721.1(A), R.S. 18:54 and 423(D)(2), R.S. 25:1253(A)(1)(r),2
R.S. 33:130.781(A), 151, and 172(F)(1), and R.S. 42:15(B) of the Louisiana Revised3
Statutes of 1950 and to repeal Subpart B-31 of Part IV of Chapter 1 of Title 33 of the4
Louisiana Revised Statutes of 1950, comprised of R.S. 33:130.591 through 130.599,5
relative to classifications of parishes, municipalities, or other political subdivisions6
or local areas according to population; to specify applicability to one or more7
political subdivisions or local areas; to adjust population categories to retain8
applicability; to repeal certain provisions that are based upon such classifications;9
and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 11:721.1(A) is hereby amended and reenacted to read as follows: 12
§721.1. Option to participate in system13
A. Notwithstanding any other provision of law to the contrary, no city or14
parish the superintendent of a the Orleans or Jefferson Parish school system located15
in a city or parish having a population in excess of four hundred fifty thousand shall16
be is not required to participate in the Teachers' Retirement System of Louisiana;17
however, he shall have the option of retaining membership in the Teachers'18 HLS 111ES-46 ORIGINAL
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Retirement System of Louisiana if he is eligible, provided that his retirement benefit1
computation shall be in accordance with the provisions of this Chapter.2
* * *3
Section 2. R.S. 18:54 and 423(D)(2) are hereby amended and reenacted to read as4
follows:5
§54. Qualification; date; duplicate oath; bond; approval of bond6
Within thirty days after the date of his commission, each registrar shall7
qualify for office by subscribing to the oath of office prescribed by the constitution.8
The oath shall be filed with the clerk of court and a duplicate original or a certified9
copy thereof shall be filed with the secretary of state and with the state treasurer. In10
a parish containing a municipality with a population of four hundred seventy-five11
three hundred thousand or more, the oath shall be filed with the clerk of the civil12
district court. Each registrar also shall file with the state treasurer a bond, in favor13
of the governor and with security, for the faithful performance of the duties required14
of him and for the payment of such damages as may be sustained by his failure to15
discharge his duties. The sureties on the bond shall be with a company authorized16
to do business in Louisiana, and in each parish the bond shall be in the amount of17
five thousand dollars.18
* * *19
§423. Parish boards of election supervisors20
* * *21
D.22
* * *23
(2) Employees. In a parish containing a municipality with a population of24
four hundred fifty three hundred thousand or more, the parish board of election25
supervisors may employ an executive administrator who shall be the principal26
assistant to the parish board of election supervisors.27
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Section 3. R.S. 25:1253(A)(1)(r) is hereby amended and reenacted to read as1
follows:2
§1253. Commission; appointment, term, and related matters3
A.(1) The commission shall be comprised of twenty-nine members who shall4
reflect the ethnic and cultural diversity of the population of the state and be5
geographically representative of the regions included in the River Road parishes as6
defined in R.S. 25:1251(2) and shall be appointed as follows:7
* * *8
(r) One representative of a parish having a population of at least four9
hundred fifty thousand and not more than four hundred eighty thousand persons10
according to the latest federal decennial census Jefferson Parish, appointed by the11
governor.12
* * *13
Section 4. R.S. 33:130.781(A), 151, and 172(F)(1) are hereby amended and14
reenacted to read as follows:15
SUBPART B-41. PARISH CONVENTION CENTER COMMISSIONS IBERIA16
PARISH CONFERENCE CENTER COMMI SSION17
§130.781. Parish convention center commissions Conference center commission;18
Iberia Parish19
A. There is hereby established a conference center commission in every20
parish with a population of no less than seventy thousand persons nor more than21
seventy-five thousand persons based on the latest federal decennial census the parish22
of Iberia. The commission shall study and develop the best possible plan and design23
for a future conference center.24
* * *25
§151. Petition for annexation of territory26
Whenever one-third in number and value of the bona fide owners of any lots27
or land, lying contiguous and adjacent to the territorial corporate limits of any city28
or town, the city of New Orleans excepted, or, whenever one-half in number and29 HLS 111ES-46 ORIGINAL
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value of the bona fide owners of any lots or land, lying contiguous and adjacent to1
the corporate limits of any city located in a parish which parish has a population of2
between one hundred fifteen thousand and one hundred twenty-five thousand persons3
desire that such lots or land be annexed to and included in the territorial corporate4
limits of any such adjacent and contiguous city or town, so as to constitute a part5
thereof, or whenever one-fourth in number of the bona fide owners of any lots or6
land, lying contiguous and adjacent to the corporate limits of any city located in the7
parish of Rapides desire that such lots or land be annexed to and included in the8
territorial corporate limits of any such adjacent and contiguous city or town, so as to9
constitute a part thereof, they shall present to the mayor and governing body of such10
city or town as constituted by law, by whatever name called, a petition in writing11
signed by them, setting forth their desire that said lots or land shall be annexed to and12
included in the territorial corporate limits of such city or town, so as to constitute a13
part thereof, and therein also fully setting forth the boundaries and accurate14
description of such lots or land which they desire to be annexed to and included in15
the territorial corporate limits of such adjacent and contiguous city or town.16
* * *17
§172. Petition to annex territory; valuation of property; notice of filing petition;18
hearing concerning proposed ordinance; alternative methods19
* * *20
F.(1) Except as provided in Subsections C and D of this Section and in R.S.21
33:172.1 and 172.2, the governing authority of a municipality within a parish the22
parish of St. Tammany, other than a municipality with a population of more than23
twenty-five thousand persons, may annex vacant land contiguous to its borders only24
in accordance with the procedure provided in this Subsection. As used in this25
Subsection, "parish" means any parish operating under a home rule charter with a26
population between one hundred ninety-one thousand and two hundred thirty27 HLS 111ES-46 ORIGINAL
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thousand based on the most recent federal decennial census. "Parish" shall not1
include any parish with a consolidated form of government.2
* * *3
Section 5. R.S. 42:15(B) is hereby amended and reenacted to read as follows:4
§15. School board meetings; public comment5
* * *6
B. A school board in a parish containing a municipality with a population of7
four hundred thousand or more according to the latest federal decennial census The8
Orleans Parish School Board, at any meeting of the school board, shall provide an9
opportunity for public comment subject to reasonable rules, regulations, and10
restrictions as adopted by the school board.11
* * *12
Section 6. Subpart B-31 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised13
Statutes of 1950, comprised of R.S. 33:130.591 through 130.599, is hereby repealed in its14
entirety.15
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)]
Tucker HB No. 28
Abstract: Updates applicability of certain provisions as a result of the 2010 census.
Proposed law, contained in certain provisions of Titles 11 (Consolidated Public Retirement
Systems), 18 (Louisiana Election Code), 25 (Libraries, Museums, & Cultural Affairs), 33
(Municipalities and Parishes), and 42 (Public Officers and Employees) of the Louisiana
Revised Statutes of 1950, legislates with regard to classifications of parishes, municipalities,
or other political subdivisions or local areas according to population by limiting the
application of laws based upon specific population classifications to one or more specified
parishes, municipalities, or other political subdivisions or local areas, by adjusting the
population ranges affected by the 2010 census, and by repealing certain provisions based
upon certain population classification ranges, as follows: HLS 111ES-46 ORIGINAL
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CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
R.S. 11:721.1(A) -
Individuals for whom
membership in the
Teachers' Retirement
System of Louisiana
(TRSL) is optional
A city or parish having a
population of 450,000+
Orleans Parish
(1990, 2000
census); and
Jefferson
Parish (2000
census)
Orleans and
Jefferson
parishes
R.S. 18:54 - Filing of
oath of office for
registrar of voters
Parish containing a
municipality with a
population of 475,000+
Orleans Parish
(1990, 2000
census)
A parish
containing a
municipality
with a
population of
300,000+
R.S. 18:423(D)(2) -
Employees of parish
boards of election
supervisors
Parish containing a
municipality with a
population of 450,000+
Orleans Parish
(2000 census)
A parish
containing a
municipality
with a
population of
300,000+
R.S. 25:1253(A)(1)(r) -
Residency requirement
of a member of the
Mississippi River Road
Commission
Parish having a
population of at least
450,000 - 480,000
persons
Jefferson
Parish (2000
census)
Jefferson
Parish
R.S. 33:130.591 -
130.599 (Subpt B-31 of
Pt IV of Ch 1) –
Louisiana Delta
Authority
Four contiguous
parishes: at least two of
them below 10,000
persons and none with a
population over 21,000
Concordia,
East Carroll,
Madison, and
Tensas
parishes (2000
census)
Repealed
R.S. 33:130.781(A) –
Parish convention
center commission
Parish with a population
of 70,000 - 75,000
Iberia Parish
(2000 census)
Iberia Parish
R.S. 33:151 – Petition
for annexation of
territory
Procedural exception for
a municipality in a parish
that has a population of
115,000 - 125,000
persons
Rapides and
Ouachita
parishes (1970
census)
Remove
procedural
exception for
this
population
classification
R.S. 33:172(F)(1) –
Annexation of
contiguous, vacant land
Certain municipalities in
a parish with a home rule
charter and a population
between 191,000 -
230,000
St. Tammany
Parish (2000
census)
St. Tammany
Parish
R.S. 42:15(B) - Public
comment at school
board meetings
A school board in a
parish containing a
municipality with a
population of 400,000+
Orleans Parish
(2000 census)
Orleans
Parish School
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(Amends R.S. 11:721.1(A), R.S. 18:54 and 423(D)(2), R.S. 25:1253(A)(1)(r), R.S.
33:130.781(A), 151, and 172(F)(1), and R.S. 42:15(B); Repeals R.S. 33:130.591 - 130.599)