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