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Regular Session, 2012
HOUSE BILL NO. 179
BY REPRESENTATIVE LEGER
HISTORIC PRESERVATION: Changes an exemption from laws relative to historic
preservation districts and landmark commissions in New Orleans and provides for
membership of the Battle of New Orleans Bicentennial Commission
AN ACT1
To amend and reenact R.S. 25:745(A)(2) and 1238.1(B) and to enact R.S.2
25:1238.2(B)(1)(f) and (g), relative to historic preservation and commemoration; to3
provide relative to historic preservation districts and landmark commissions in New4
Orleans and the commemoration of historic events therein; to provide relative to5
certain exemptions from the application of laws relative to such districts and6
commissions; to provide relative to the application of Sections 15 and 16 of Act No.7
804 of the 1975 Regular Session of the Legislature; to provide relative to the Battle8
of New Orleans Bicentennial Commission; and to provide for related matters.9
Notice of intention to introduce this Act has been published10
as provided by Article III, Section 13 of the Constitution of11
Louisiana.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 25:1238.1(B) is hereby amended and reenacted and R.S.14
25:1238.2(B)(1)(f) and (g) are hereby enacted to read as follows:15
§1238.1. Declaration of purpose16
* * *17 HLS 12RS-677 REENGROSSED
HB NO. 179
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B. The legislature further recognizes that during the Battle of New Orleans,1
for the first time, Louisiana citizens of diverse cultural, ethnic, social, religious, and2
racial backgrounds united and fought not as former colonial subjects but as American3
citizens. The service and sacrifice of Freemen of Color, warriors from the Choctaw4
Nation, Barataria pirates Baratarian privateers, militia from Louisiana, Mississippi,5
Kentucky, and Tennessee, United States Marines, United States Navy sailors, and6
Regular Army units, including the 7th and 44th Infantry Regiments, helped to7
establish a national identity and ensure continued American control of the8
Mississippi Valley, which would facilitate the westward expansion of the nation.9
The Battle of New Orleans marked the last armed conflict between America and10
Great Britain, setting the stage for an alliance and friendship lasting to the present11
day.12
* * *13
§1238.2. Battle of New Orleans Bicentennial Commission; creation; appointments14
of members; officers; meetings; domicile15
* * *16
B.(1) The commission shall consist of members appointed as follows:17
* * *18
(f) One member appointed by the governing authority of New Orleans.19
(g) One member appointed by the governing authority of St. Bernard Parish.20
* * *21
Section 2. R.S. 25:745(A)(2) is hereby amended and reenacted to read as follows:22
§745. Exemptions23
A.24
* * *25
(2) None of the provisions of this Chapter shall apply to or affect in any way26
any property or collection of properties under common ownership having any lot line27
on the northerly side of St. Charles Avenue between Jena Street and Carrollton28
Avenue Calhoun Street and Law Road, or on the southerly side of St. Charles29 HLS 12RS-677 REENGROSSED
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Avenue between Broadway Street and Lowerline Street in the city of New Orleans,1
Louisiana.2
* * *.3
Section 3. Sections 15 and 16 of Act No. 804 of the 1975 Regular Session of the4
Legislature shall not prevent or prohibit the application of Chapter 16 of Title 25 of the5
Louisiana Revised Statutes of 1950 to any property or properties that were designated by6
R.S. 25:745(A)(2) prior to its amendment and reenactment by this Act but are not designated7
in R.S. 25:745(A)(2) as amended and reenacted by this Act. Chapter 16 of Title 25 of the8
Louisiana Revised Statutes of 1950 shall not apply to those properties designated in R.S.9
25:745(A)(2) as amended and reenacted by this Act.10
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)]
Leger HB No. 179
Abstract: Amends an exemption from the application of certain laws relative to historic
preservation districts and landmark commissions for certain properties on St. Charles
Avenue in New Orleans and adds members to the Battle of New Orleans
Bicentennial Commission.
Present law (R.S. 25:745(A)(2)) provides that the provisions of Chapter 16 of Title 25 of the
La. Revised Statutes of 1950, relative to historic preservation districts and historic landmarks
commissions, shall not apply to or affect any property or collection of properties under
common ownership having any lot line on St. Charles Ave. between Jena St. and Carrollton
Ave. in New Orleans.
Proposed law retains present law except to modify the property along St. Charles Ave. to
which Chapter 16 does not apply; provides that such law does not apply to property on the
northerly side of St. Charles Ave. between Calhoun St. and Law Rd., or on the southerly side
of St. Charles Ave. between Broadway St. and Lowerline St.
Present law (§16 of Act No. 804 of the 1975 R.S.) provides that any historic preservation
district or landmark commission created pursuant to the two Acts that first enacted what is
now Chapter 16 (Act No. 147 of the 1970 R.S. and Act No. 273 of the 1974 R.S.) shall not
be affected by the revision of Part I of Chapter 16 in Act No. 804 of the 1975 R.S. Also
provided that Act No. 147 of the 1970 R.S. and Act No. 273 of 1974 R.S. or any district or
commission created pursuant to them shall not apply to or affect any of the areas exempted
from Act No. 804 of the 1975 R.S. by §15 of that Act. (§15 included, in part, the exemption
now contained in R.S. 25:745(A)(2)).
Proposed law provides that §§15 and 16 of Act No. 804 do not prevent or prohibit the
application of Chapter 16 to property that was removed from R.S. 25:745(A)(2) by proposed
law, but those Sections continue to apply to property covered by R.S. 25:745(A)(2) as
amended by proposed law. HLS 12RS-677 REENGROSSED
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Present law creates the Battle of New Orleans Bicentennial Commission to, among other
duties, plan and develop activities appropriate to commemorate the bicentennial. Provides
that the commission consists of members appointed as follows:
(1)Two members appointed by the governor.
(2)Two members appointed by the lieutenant governor.
(3)Two members, residing in Orleans Parish, appointed by the president of the Senate.
(4)Two members, residing in Orleans Parish, appointed by the speaker of the House of
Representatives.
(5)Three members appointed by the state legislators whose districts include any part of
the Chalmette Battlefield or the Chalmette National Cemetery.
Proposed law retains present law but adds two members to the commission, one appointed
by the governing authority of New Orleans and one appointed by the governing authority of
St. Bernard Parish.
In the legislative declaration of purpose regarding the Battle of New Orleans Bicentennial
Commission, proposed law changes a reference to a group which contributed to the battle
from the Barataria pirates to the Baratarian privateers.
(Amends R.S. 25:745(A)(2) and 1238.1(B); Adds R.S. 25:1238.2(B)(1)(f) and (g))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Adds provisions relative to the Battle of New Orleans Bicentennial
Commission.
2. Changes proposed law from a repeal of the exemption (R.S. 25:745(A)(2))
of certain property from present law relative to historic preservation districts
and landmark commissions to an amendment of that exemption.