Louisiana 2011 2011 1st Special Session

Louisiana House Bill HB31 Introduced / Bill

                    HLS 111ES-45	ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
First Extraordinary Session, 2011
HOUSE BILL NO. 31
BY REPRESENTATIVE TUCKER
REAPPORTIONMENT/JUDGES:  Provides relative to the Courts of Appeal (Item #7)
AN ACT1
To amend and reenact R.S. 13:312(5)(b)(ii) and (iii), relative to courts of appeal; to provide2
relative to the Court of Appeal for the Fifth Circuit; to provide for the districts of the3
circuit; to provide for the assignment of judgeships for election purposes; to provide4
for the election of judges; to provide for effectiveness; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section
 1. R.S. 13:312(5)(b)(ii) and (iii) are hereby amended and reenacted to read8
as follows:9
ยง312.  Courts of appeal; circuits and districts10
There shall be five court of appeal circuits, which shall be subdivided into11
districts as follows:12
*          *          *13
5.14
*          *          *15
(b)  Districts of the fifth circuit.16
*          *          *17
(ii) The parish of St. James and that portion of St. John the Baptist Parish
18
east of the Mississippi River Precincts 1-6, 2-1, 2-2, 2-3, 2-4, 2-5, 3-1, 3-2, 3-3, 3-4,19 HLS 111ES-45	ORIGINAL
HB NO. 31
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
3-5, 3-6, 4-1, 4-2, 4-3, 5-1, 5-2, 5-3, 5-4, 5-5, 6-1, 6-2, 6-3, 6-4, 6-5, 6-7, 6-8, 7-2 and1
7-3 of St. Charles Parish; Precincts 16,
 17, 17-A and 18 of St. James Parish; and
2
Precincts 1-1, 4-4, 4-8, 4-9, 5-3, 5-4, 5-5, 5-6, 5-7, 6-1, 7-2, 7-3, 7-4, 7-5 and 7-7 of3
St. John the Baptist Parish shall compose the second district of the fifth circuit.4
(iii) The parish of St. Charles and that portion of St. John the Baptist Parish5
west of the Mississippi River Precincts 1-1, 1-2, 1-3, 1-5, 4-4, 6-6, 7-1 and 7-4 of St.6
Charles Parish; Precincts 2,
 3, 4, 5, 6, 7, 7-A, 8, 8-A, 9, 10, 11, 12, 13, 14, 15 and
7
15B of St. James Parish; and Precincts 1-2, 1-3, 1-4, 1-5, 2-1, 2-2, 2-3, 2-4, 3-1, 3-2,8
3-3, 3-4, 4-1, 4-2, 4-3, 5-1, 5-2, 6-3 and 6-4 of St. John the Baptist Parish shall9
compose the third district of the fifth circuit.10
Section 2.(A)  The precincts referenced in this Act are those precincts identified as11
Voting Districts (VTDs) in the 2010 Census Redistricting TIGER/Line Shapefiles for the12
State of Louisiana.13
(B) When a precinct referenced in this Act has been subdivided by action of the14
parish governing authority on
 a nongeographic basis or subdivided by action of the parish15
governing authority on a geographic basis in accordance with the provisions of R.S.16
18:532.1, the enumeration in this Act of the general precinct designation shall include all17
nongeographic and all geographic subdivisions thereof, however such subdivisions may be18
designated. The territorial limits of the districts as provided in this Act shall continue in19
effect without change regardless of any changes made to the precincts by the parish20
governing authority.21
Section
 3.(A) The judgeship currently assigned to the second district of the Court22
of Appeal for the Fifth Circuit is hereby assigned to the second district as provided in this23
Act for election purposes.24
(B) The special primary election scheduled to be held on October 22, 2011, and the25
special general election scheduled to be held on November 19, 2011, pursuant to26
Proclamation No. 94
 BJ 2010 to fill a vacancy in the office of judge for the third district of27
the Court of Appeal for the Fifth Circuit shall be held in the third district as provided for in28 HLS 111ES-45	ORIGINAL
HB NO. 31
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
this Act, and such judgeship shall be assigned to the third district as provided in this Act for1
election purposes.2
Section
 4. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon
 expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
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. 31
Abstract: Provides relative to the districts of the Court of Appeal for the Fifth Circuit.
Statistical summaries of proposed law
 as well as maps illustrating proposed district
boundaries accompany this digest. (Attached to hard copies of the bill distributed
during session and available as a separate document on the Internet.)
Present law provides that the second district of the Court of Appeal for the Fifth Circuit is
comprised of St. James Parish
 and that portion of St. John the Baptist Parish east of the
Mississippi River. Provides that the third district of the Court of Appeal for the Fifth Circuit
is comprised of St. Charles Parish
 and that portion of St. John the Baptist Parish west of the
Mississippi River. Provides that one judge each is elected from the second and third
districts.  
Proposed law
 changes the composition of the second and third districts. Provides that the
judgeship currently assigned to the second district is assigned to the second district as
provided in proposed law for election purposes. Provides that the special primary election
scheduled to be held on Oct. 22,
 2011, and the special general election scheduled to be held
on
 Nov. 19, 2011, to fill a vacancy in the office of judge for the third district of the Court of
Appeal for the Fifth Circuit shall be held in the third district as provided for in proposed law
,
and that such judgeship shall be assigned to the third district as provided in proposed law for
election purposes.Proposed law
 specifies that the precincts referenced in p
roposed law
 are those precincts
identified as Voting Districts (VTDs) in the 2010 Census Redistricting TIGER/Line
Shapefiles for the state of La. Provides that when a precinct referenced in p
roposed law
 has
been subdivided by action of the parish governing authority on
 a nongeographic basis or
subdivided by action of the parish governing authority on
 a geographic basis in accordance
with the provisions of present law
 (R.S. 18:532.1), the enumeration in proposed law of the
general precinct designation shall include all nongeographic and all geographic subdivisions
thereof, however, such subdivisions may be designated.  Provides that the territorial limits
of the districts as provided in proposed law shall continue in effect without change regardless
of any changes made to the precincts by the parish governing authority.Population data in the summaries accompanying this digest are derived from 2010 Census
Redistricting Data (Public Law 94-171), Summary File for Louisiana.  Population data, HLS 111ES-45	ORIGINAL
HB NO. 31
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
statistical information, and maps are supplied for purposes of information and analysis and
comprise no part of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:312(5)(b)(ii) and (iii)) District 2	16,572 800 445 1,29465,287 46,176	3,568 40,859
25.383% 1.225% 0.682% 1.982%100.000% 70.728%	5.465% 84.886%
District 3	34,057 232 215 53555,519 20,480	1,511 33,334
61.343% 0.418% 0.387% 0.964%100.000% 36.888%	2.722% 82.496%
Total Population
Total
Population
Reg Total
Jan 2011
Total
Hispanic
Total
Other
Total
American
Indian
Total
Asian
Total
White
Total
Black
Grand Total	50,629 1,032 660 1,829120,806 66,656	5,079 74,193
41.909% 0.854% 0.546% 1.514%100.000% 55.176%	4.204% 83.795% District 2	9,421 1,776 19,465 11,82440,859 29,662	9,570
23.057% 4.347% 47.639% 28.939%84.886% 72.596%	23.422%
District 3	19,558 810 23,998 3,82933,334 12,966	5,507
58.673% 2.430% 71.993% 11.487%82.496% 38.897%	16.521%
Voter Registration
Reg Total
Jan 2011
Reg Other
Total
Jan 2011
Reg Rep
Total
Jan 2011
Reg Dem
Total
Jan 2011
Reg Other
Jan 2011
Reg White
Jan 2011
Reg Black
Jan 2011
Grand Total	28,979 2,586 43,463 15,65374,193 42,628	15,077 District 2
*St. Charles	8,166 513 317 76141,992 32,235	30,766 24,155	25,6675472253245,515	4,16320,358	1,146
*St. James	2,951 3 4 485,803 2,797	4,370 2,209	4,20132332,123	2,1781,983	40
*St. John the 
Baptist
5,455 284 124 48517,492 11,144	12,998 8,692	10,991353802033,670	3,0807,321	590
District 2	16,572 800 445 1,29465,287 46,176	48,134 35,056	40,85993230853011,308	29,662 9,421 1,776
25.383% 1.225% 0.682% 1.982%100.000% 70.728%	100.000% 72.830%	84.886%1.936%0.640%1.101%23.493%	72.596% 23.057% 4.347%
District 3
*St. Charles	6,229 62 54 13810,788 4,305	7,806 3,290	6,0389238334,353	3,2912,555	192
*St. James	8,339 40 48 5416,299 7,818	12,031 6,022	10,5023238235,916	5,0825,266	154
*St. John the 
Baptist
19,489 130 113 34328,432 8,357	20,570 6,716	16,794226848713,457	11,1855,145	464
District 3	34,057 232 215 53555,519 20,480	40,407 16,028	33,33435016014323,726	12,966 19,558 810
61.343% 0.418% 0.387% 0.964%100.000% 36.888%	100.000% 39.666%	82.496%0.866%0.396%0.354%58.718%	38.897% 58.673% 2.430%
Splits
Total
Population	VAP WhiteVAP Total
Total
Other
Total
American
Indian
Total
Asian
Total
White
Total
Black	VAP Black VAP Asian
VAP
American
Indian VAP Other
Reg Total
Jan 2011
Reg White
Jan 2011
Reg Black
Jan 2011
Reg Other
Jan 2011 District 2
District 3
Lafourche
Jefferson
St. John
St. Charles
St. James
Ascension
Livingston
Orleans
St. Tammany
Terrebonne
Assumption
Plaquemines
Tangipahoa
EBR
St. Bernard
4-2
8-1
15
16
7-2
11
35
5
3
13
14
248
1-1
151
4-1
3-3
5-4
1-1
40
2-1
17
6
4
10-1
16
7-4
67
6-1
18
2-5
9
36
1-2
6-4
5-1
1-1
22
247
3-1
6-2
2-2
199
66
7-4
3-4
1-2
1-3
5-5
1-1
65
149A
5-1
1-1
10-2
39
15
6-2
5
32
21
18
11-2
151
7-1
4-2
703
156
12
9
27
3-1
7
64
14
9-1
8
5-2
8
4-4
50
23
2-1
5-2
4-5
1-2
2-1
9-2
6-3
11-3
14
4
4-1
6-5
2-3
2
7
45
66
409
6-3
1-3
4-1
1
9-32
10
27
M10
15
3-47
5-2
81
19
1-2
74
43
28
3
3-2
188
7-3
43
11
6-1
14
1-L
5-2
55
8
124
19
1-2
37
26
9
3-1
4-2
246
1
34
2-4
197A
44
11
150
4-2
68
38
401
12
11-4
4-1
125
6-2
2-2
13
3-48
33
20
25
54
22
60
12
170
4-3
16
20
6
16
82
41
23
7-4
102	412
157A
17
3-2
22
17
33
5-1A
3-6
29
17-A
203
47
152
2-3
3-3
18
53
55
51
3-5
26-K
21
32
13
701
10
1-5
6-4
3-22
M01
5-6
10
4-2
6-2
42
2-12
3-45
171
58
10
24
2-13
15-19A
76
1-4
28
1-3
2-2
153
2-2
18
408
2-4
31-K
189
Court of Appeal Fifth Circuit - 2nd and 3rd Districts District 3
District 2
St. John
St. James
St. Charles
Lafourche
Ascension
Livingston
Assumption
11
35
3
14
1-1
13
4-1
2-1
40
16
7-2
16
7-4
5-4
6-1
17
9
6-2
3-4
1-3
1-1
6-4
5-1
2-2
18
4-2
12
27
8
4-4
1-2
6-3
6-5
2-3
6-3
1-3
10
3-1
15
1-2
43
1-2
6-1
26
34
50
4-2
6-2
33
37
4-3
5-2
6
2-5
7-4
25
1717-A
3-3
32
2
1-5
6-4
5-2
1-4
5-6
42
58
2-2
41
36
5-1A
23
7-7
5-3
7
31
28
2-2
2-2
6-6
4
2-1
5
8-A
44
7-3
5-7
2-4
24
1-6
7-2
7-2
30
3-3
3-1
15
4-1
3-2
1-1
4-8
6-7
3-2
Court of Appeal Fifth Circuit - 2nd and 3rd Districts