Louisiana 2013 2013 Regular Session

Louisiana House Bill HB318 Engrossed / Bill

                    HLS 13RS-422	ENGROSSED
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 318
BY REPRESENTATIVE ALFRED WILLIAMS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
REAPPORTIONMENT/JUDGES:  Provides for the election sections for City Court of
Baton Rouge and for the number of judges elected from such sections
AN ACT1
To amend and reenact R.S. 13:1952(4), relative to the City Court of Baton Rouge; to provide2
for the composition of the election sections; to provide for the number of judges3
elected from each election section; to provide for the assignment of divisions to each4
election section; to provide relative to the assignment of certain annexations to5
election sections; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 13:1952(4) is hereby amended and reenacted to read as follows: 8
ยง1952.  Courts created by special legislative Act9
The following city courts, heretofore created and established by special10
legislative Act, are hereby recognized and continued in existence and, except as11
otherwise provided in this Section, their territorial jurisdiction shall extend through12
the city and ward or wards wherein the city in which they are domiciled is located,13
as extended from time to time:14
*          *          *15
(4)(a) The City Court of Baton Rouge, domiciled in the city of Baton Rouge,16
parish of East Baton Rouge, having five city judges and a city constable. The court17
shall be divided into five divisions, namely, divisions "A", "B", "C", "D", and "E"18
and its territorial jurisdiction shall extend throughout the territorial area of the city19
of Baton Rouge as extended from time to time.20 HLS 13RS-422	ENGROSSED
HB NO. 318
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) For the purpose of electing judges, the court shall be divided into two1
election sections.2
(i) Election section one shall consist of precincts: 1-1A, 1-1B, 1-3A, 1-3B,3
1-4, 1-5, 1-6, 1-8, 1-11, 1-13A, 1-13B, 1-16, 1-17, 1-18, 1-19, 1-20, 1-21, 1-22, 1-23,4
1-24, 1-25, 1-26, 1-27, 1-28, 1-29, 1-31A, 1-31B, 1-38A, 1-38B, 1-45, 1-46A, 1-46B,5
1-46C, 1-46D, 1-50A, 1-50B, 1-51A, 1-51B, 1-58A, 1-58B, 1-61, 1-67, 1-68, 1-84A,6
1-84B, 1-85A, 1-85B, 1-86A, 1-86B, 1-91, 1-92A, 1-92B, 1-93, 1-94A, 1-94B, 1-7
95A, 1-95B, 1-96A and 1-96B. the following precincts and parts of precincts8
contained within the corporate limits of the city of Baton Rouge:1-1, 1-2, 1-3, 1-4,9
1-5, 1-6, 1-7, 1-8, 1-10, 1-13, 1-14, 1-15, 1-16, 1-17 (part), 1-18, 1-19, 1-21, 1-22,10
1-23 (part), 1-24, 1-25, 1-26, 1-27, 1-28, 1-29, 1-30, 1-31, 1-32, 1-33, 1-36, 1-37,11
1-38, 1-40, 1-41, 1-44, 1-45, 1-46, 1-48, 1-50, 1-51, 1-57, 1-58, 1-61, 1-62, 1-63, 1-12
64, 1-67, 1-68, 1-70, 1-77 (part), 1-78, 1-82, 1-84 (part), 1-85 (part), 1-86, 1-91,13
1-92, 1-93, 1-94, 1-95 (part), 1-100 (part), 1-101 (part), 1-102 (part), 1-104, 2-114
(part), 2-9 (part), 2-11 (part), 2-22 (part), 2-24 (part), 2-25 (part), 3-5 (part), 3-815
(part), 3-24 (part), and 3-50 (part).16
(ii) Election section two shall consist of precincts: 1-7, 1-10, 1-14A, 1-14B,17
1-15A, 1-15B, 1-30, 1-32, 1-33, 1-34A, 1-34B, 1-35, 1-36A, 1-36B, 1-36C, 1-36D,18
1-37, 1-39, 1-40, 1-41, 1-42, 1-43, 1-44, 1-48A, 1-48B, 1-49A, 1-49B, 1-52A, 1-52B,19
1-53A, 1-53B, 1-53C, 1-53D, 1-54A, 1-54B, 1-55A, 1-55B, 1-56A, 1-56B, 1-57, 1-20
59, 1-60A, 1-60B, 1-62, 1-63, 1-64, 1-65, 1-69A, 1-69B, 1-71A, 1-71B, 1-71C, 1-21
71D, 1-72A, 1-72B, 1-72C, 1-73A, 1-73B, 1-74A, 1-74B, 1-74C, 1-75A, 1-75B, 1-22
75C, 1-75D, 1-76A, 1-76B, 1-76C, 1-76D, 1-78A, 1-78B, 1-79, 1-80, 1-81, 1-82A,23
1-82B, 1-82C, 1-82D, 1-83A, 1-83B, 1-87, 1-88A, 1-88B, 1-89, 1-90, 1-97, 1-98A,24
1-98B, 1-99A, 1-99B, and 1-99C. the following precincts and parts of precincts25
contained within the corporate limits of the city of Baton Rouge:1-9, 1-12, 1-34,26
1-35, 1-39, 1-42, 1-43, 1-47, 1-49, 1-52, 1-53, 1-54, 1-55, 1-56, 1-59, 1-60, 1-6527
(part), 1-66, 1-69, 1-71, 1-72, 1-73, 1-74, 1-75, 1-80 (part), 1-81, 1-83, 1-87, 1-8828
(part), 1-89 (part), 1-90, 1-97 (part), 1-98, 1-99 (part), 1-103, 1-105 (part), 1-10729 HLS 13RS-422	ENGROSSED
HB NO. 318
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(part), 3-7 (part), 3-10 (part), 3-11 (part), 3-12 (part), 3-17 (part), 3-21 (part), 3-231
(part), 3-27 (part), 3-28 (part), 3-29 (part), 3-31 (part), 3-32 (part), 3-51 (part), 3-522
(part), and 3-55 (part).3
(c)  Two Three judges shall be elected by election section one, and three two4
judges shall be elected by election section two.5
(d)  The metropolitan council for the city of Baton Rouge, parish of East6
Baton Rouge, is hereby authorized to assign annexations which are approved7
subsequent to June 15, 1993, the effective date of Act No. 609 of the 1993 Regular8
Session of the Legislature, May 26, 2010, to the appropriate election section. After9
each such assignment, the metropolitan council shall submit the assignment by10
certified mail or by hand delivery with receipt to the Senate Committee on Senate11
and Governmental Affairs and the House Committee on House and Governmental12
Affairs for approval. Upon the receipt of the submission, the Senate Committee on13
Senate and Governmental Affairs and the House Committee on House and14
Governmental Affairs shall have forty-five days to determine, either jointly or15
separately, whether the assignment shall be approved or disapproved.  If the time16
period for action by the committees has lapsed without any action by such17
committees, the assignment shall be deemed approved. If one or both committees18
disapprove the assignment, such assignment to the election section shall not be19
effective for any purpose.20
*          *          *21
Section 2.(A) The judgeships designated on the effective date of this Act as divisions22
"B" and "D" of the City Court of Baton Rouge are hereby assigned to election section one23
for election purposes. In addition, the first vacancy occurring on or after the effective date24
of this Act in a judgeship designated as division "A", "C", or "E" of the City Court of Baton25
Rouge shall be filled by election from election section one and thereafter such judgeship26
shall be assigned to election section one for election purposes; however, if no special27
election to fill such a vacancy has occurred or is scheduled to occur prior to the opening of28
the qualifying period for the regularly scheduled election to fill judgeships for the City Court29 HLS 13RS-422	ENGROSSED
HB NO. 318
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
of Baton Rouge, then the judgeship designated as division "E" shall be assigned to election1
section one for election purposes for such regularly scheduled election and thereafter. The2
two remaining judgeships shall be assigned to election section two for election purposes.3
(B) In addition to qualifications provided by law for a judge of the City Court of4
Baton Rouge, a candidate for a judgeship elected by either election section need only be a5
resident of the city of Baton Rouge. The provisions of this Act shall not be construed in any6
manner to decrease the term of any judge serving on the effective date of this Act or to7
prohibit any judge from seeking reelection in any division of the court.8
Section 3.(A) The precincts for the Parish of East Baton Rouge referenced in this9
Act are those contained in the file named "2012 Precinct Shapefiles" published on the10
Louisiana House of Representatives website. The 2012 Precinct Shapefiles are based upon11
those Voting Districts (VTDs) contained in the 2010 Census Redistricting TIGER/Line12
Shapefiles for the State of Louisiana as those files have been modified by the staff of the13
Legislature of Louisiana to represent precinct changes submitted through August 8, 2012,14
to the Legislature of Louisiana by parish governing authorities pursuant to the provisions of15
R.S. 18:532 and 532.1.16
(B) When a precinct referenced in this Act has been subdivided by action of the17
parish governing authority on a nongeographic basis or subdivided by action of the parish18
governing authority on a geographic basis in accordance with the provisions of R.S.19
18:532.1, the enumeration in this Act of the general precinct designation shall include all20
nongeographic and all geographic subdivisions thereof, however such subdivisions may be21
designated. The territorial limits of the election sections as provided in this Act shall22
continue in effect without change regardless of any changes made to the precincts by the23
parish governing authority.  However, the territorial limits of the election sections may24
change due to annexations as provided in R.S. 13:1952(4)(d).25
Section 4. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If28 HLS 13RS-422	ENGROSSED
HB NO. 318
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
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)]
Alfred Williams	HB No. 318
Abstract: Changes the election sections for the City Court of Baton Rouge and provides
that three judges are elected from election section one and two judges are elected
from election section two.
Present law provides for the City Court of Baton Rouge, domiciled in Baton Rouge and
having five city judges and a city constable.  Provides that the court is divided into five
divisions, "A", "B", "C", "D", and "E" and its territorial jurisdiction shall extend throughout
the territorial area of the city of Baton Rouge as extended from time to time. Provides for
the purpose of electing judges, the court is divided into two election sections and that two
judges (divisions "B" and "D") are elected in election section one and three judges (divisions
"A", "C", and "E") are elected in election section two.
Proposed law changes the composition of election section one and election section two.
Further, proposed law provides that three judges shall be elected from election section one
and two judges shall be elected from election section two.  Proposed law provides that in
addition to divisions "B" and "D" assigned to election section one for election purposes,  the
first vacancy occurring on or after the effective date of proposed law in a judgeship
designated as division "A", "C", or "E" of the city court shall be filled by election from
election section one and thereafter such judgeship shall be assigned to election section one
for election purposes. Provides that if no special election to fill such a vacancy has occurred
or is scheduled to occur prior to the opening of the qualifying period for the regularly
scheduled election to fill judgeships for the city court, then the judgeship designated as
division "E" shall be assigned to election section one for election purposes for such regularly
scheduled election and thereafter.  Proposed law specifies that the two remaining judgeships
shall be assigned to election section two for election purposes.
Proposed law specifies that in addition to qualifications provided by law for a judge of the
Baton Rouge City Court, a candidate for a judgeship elected by either election section need
only be a resident of the city of Baton Rouge and that the provisions of proposed law shall
not be construed in any manner to decrease the term of any judge serving on the effective
date of proposed law or to prohibit any judge from seeking reelection in any division of the
court.
Present law allows the metropolitan council for the city of Baton Rouge, parish of East
Baton Rouge, to assign annexations which are approved subsequent to June 15, 1993, to the
appropriate election section. Requires the metropolitan council to submit such assignment
by certified mail or by hand delivery with receipt to the Senate Committee on Senate and
Governmental Affairs and the House Committee on House and Governmental Affairs for
approval. Provides that the committees have 45 days to determine, either jointly or
separately, whether the assignment shall be approved or disapproved.  Specifies that if the
time period for action by the committees lapses without action by such committees, the
assignment is deemed approved, and if one or both committees disapprove the assignment,
such assignment is not effective for any purpose. HLS 13RS-422	ENGROSSED
HB NO. 318
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides for the assignment of annexations subsequent to May 26, 2010, and
otherwise retains present law.
Proposed law specifies that precincts referenced in district descriptions in proposed law are
those contained in the file named "2012 Precinct Shapefiles" published on the Louisiana
House of Representatives website.  Specifies that the 2012 Precinct Shapefiles are based
upon those Voting Districts (VTDs) contained in the 2010 Census Redistricting TIGER/Line
Shapefiles for the state of Louisiana as those files have been modified by the staff of the
legislature to represent precinct changes submitted through Aug. 8, 2012, to the legislature
by parish governing authorities pursuant to the provisions of R.S. 18:532 and 532.1.
Proposed law additionally provides that when a precinct is subdivided on a nongeographic
or geographic basis under present law (R.S. 18:532.1), the general precinct designation in
the district description includes all nongeographic and geographic subdivisions of the
precinct within the corporate limits of Baton Rouge, and specifies that the territorial limits
of the election sections as provided in proposed law shall continue in effect without change
regardless of any changes made to the precincts by the parish governing authority.
Specifically excepts changes to the territorial limits made as provided in proposed law
relative to annexations.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:1952(4))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Rather than providing that division "E" is in election section one, provides that
first vacancy in division "A", "C", or "E" that occurs before qualifying opens for
the regularly scheduled city court elections shall be filled by election in election
section one and that judgeship shall be assigned to such election section for
election purposes, however if there is no such special election, then division "E"
shall be assigned to election section one. Specifies that "B" and "D" are assigned
to election section one and the remaining two judgeships are assigned to election
section two.
2. Removes specific list of possible changes to precincts by the parish governing
authority and provides instead that regardless of any change, the territorial limits
of the election sections established in proposed law continue in effect.