SLS 111ES-40 ORIGINAL Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. First Extraordinary Session, 2011 SENATE BILL NO. 18 BY SENATOR CLAITOR CENSUS. Provides relative to provisions in Title 48 which are limited in applicability to political subdivisions or local areas meeting specified population characteristics. AN ACT1 To amend and reenact R.S. 48:711 and 719, relative to provisions of Title 48 (Roads,2 Bridges, and Ferries) of the Louisiana Revised Statutes of 1950, which are limited3 in applicability to certain political subdivisions or local areas based upon population4 classifications; to specify applicability to one or more political subdivisions or local5 areas; to repeal provisions that are outdated or obsolete; and to provide for related6 matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 48:711 and 719 are hereby amended and reenacted to read as9 follows: 10 §711. Authorization to dispose of immovable property; parishes of over 325,000;11 parishes of East Baton Rouge, Jefferson, and St. Tammany Parish;12 city cities of Baton Rouge, New Orleans and Slidell; municipalities13 of Jefferson Parish14 Upon a determination by the governing authority of any parish having a15 population in excess of three hundred twenty-f ive thousand persons, the parish of16 Orleans excepted the parishes of East Baton Rouge , Jefferson, or St. Tammany,17 SB NO. 18 SLS 111ES-40 ORIGINAL Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. the cities of Baton Rouge, New Orleans, or Slidell, or the municipalities in the1 parish of Jefferson, to the effect that any immovable property owned by the parish2 or municipality or title to which is in the public, including but without limitation,3 streets, roads, and alleys, is no longer needed for public use, the same may be4 disposed of in the manner provided in this Part. The provisions of this Part shall also5 be applicable with respect to the parish of St. Tammany, the city of Slidell, and the6 municipalities in the parish of Jefferson.7 * * *8 §719. Applicability; aAlternative procedure9 A. This Part shall apply only to those parishes having a population in excess10 of three hundred twenty-five thousand persons according to the official United States11 Census of 1970, excluding the parish of Orleans, the parish of St. Tammany, and the12 city of Slidell. It shall be construed as affording an alternative procedure to that set13 forth in R.S. 33:4711, 4712, 4717, 4718, and 4719, and shall supersede the14 provisions of R.S. 48:701 through 704 insofar as such parishes and municipalities.15 having a population in excess of three hundred twenty-five thousand persons are16 concerned, excluding the parish of Orleans , the parish of St. Tammany, and the city17 of Slidell.18 B. This Part shall apply to cities having a population in excess of two19 hundred fifteen thousand persons, which are located within a parish having a20 population in excess of three hundred seventy-five thousand persons according to the21 official United States Census of 1990. It shall be construed as affording an22 alternative procedure to that set forth in R.S. 33:4711, 4712, 4717, 4718, and 4719,23 and shall supersede the provisions of R.S. 48:701 through 704 insofar as cities24 having a population in excess of two hundred fifteen thousand persons, which are25 located within a parish having a population in excess of three hundred seventy-five26 thousand persons.27 SB NO. 18 SLS 111ES-40 ORIGINAL Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Sharon F. Lyles. DIGEST Present law, based upon population applicable to any parish having a population in excess of 325,000 persons, Orleans excepted, authorizes disposal, pursuant to Part V-A. Sale or Exchange of Roads and Streets, of Chapter 2 of Title 48, of any immovable property owned by a parish or title to which is in the public, including without limitation, streets, roads, and alleys, upon determination that said immovable property is no longer needed for public use. Present law, based on population [2000 census], applies to the parishes of East Baton Rouge and Jefferson. Present law also applies by name to the parish of St. Tammany, the city of Slidell and the municipalities in Jefferson Parish. Present law provides that Part V-A. Sale or Exchange of Roads and Streets, of Chapter 2 of Title 48, applies only to parishes having a population in excess of 325,000 according to the 1970 census [Jefferson Parish], Orleans excluded, St. Tammany Parish, and the city of Slidell. Present law is an alternative procedure to that set forth in R.S. 33:4711, 4712, 4717, 4718, and 4719, and supersedes provisions of R.S. 48:701 through 704 in said parishes and the city of Slidell. Present law provides that Part V-A. Sale or Exchange of Roads and Streets, of Chapter 2 of Title 48, applies to cities having a population in excess of 215,000 located within a parish having a population in excess of 375,000 according to the 1990 census [cities of Baton Rouge and New Orleans]. Present law is an alternative procedure to that set forth in R.S. 33:4711, 4712, 4717, 4718, and 4719, and supersedes provisions of R.S. 48:701 through 704 in said cities. Proposed law, contained in Title 48 (Roads, Bridges, and Ferries) 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 enacting local bills to limit the application of laws based upon specific classifications to one or more parishes, municipalities, or other political subdivisions or local areas, and by repealing certain provisions based upon certain population classification ranges, as follows: CITATION/ TOPIC EXISTING LAW AFFECTED LOCATIONS PROPOSED LAW R.S. 48:711 Any parish having a population in excess of 325,000, except Orleans Parish, and specifically by name the parish of St. Tammany, city of Slidell, and municipalities in parish of Jefferson. East Baton Rouge, Jefferson, and St. Tammany Parishes; city of Slidell, and municipalities in parish of Jefferson. East Baton Rouge, Jefferson, and St. Tammany Parishes; cities of Baton Rouge, New Orleans, and Slidell; municipalities in parish of Jefferson. SB NO. 18 SLS 111ES-40 ORIGINAL Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. R.S. 48:719 (A) Alternative procedure applicable only to parishes having a population in excess of 325,000 according to 1970 census, the parish of Orleans excluded, the parish of St. Tammany, and the city of Slidell. Jefferson and St. Tammany Parishes; city of Slidell East Baton Rouge, Jefferson, and St. Tammany parishes; cities of Baton Rouge, New Orleans and Slidell; municipalities in Jefferson Parish. R.S. 48:719 (B) Alternative procedure applicable to cities having a population in excess of 215,000 located within a parish having a population in excess of 375,000 according to 1990 census. Cities of Baton Rouge and New Orleans Repeal Proposed law clarifies and limits authorization provided in present law to specific parishes and municipalities. (Amends R.S. 48:711 and 719)