HLS 15RS-607 RE-REENGROSSED
2015 Regular Session
HOUSE BILL NO. 235
BY REPRESENTATIVE ARNOLD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LOCAL GOVERNMENT: (Constitutional Amendment) Authorizes the legislature to
provide, by local law, for the incorporation of any area located within a single parish
1 A JOINT RESOLUTION
2Proposing to amend Article VI, Section 2 of the Constitution of Louisiana, to authorize the
3 legislature to provide, by local law, for the incorporation of any area located within
4 the boundaries of a single parish and to exclude the area from the boundaries of any
5 municipality; to provide for the effectiveness of such boundary change; to provide
6 for applicability of the homestead exemption in certain municipalities incorporated
7 in the parish of Orleans; to provide limitations; to provide for submission of the
8 proposed amendment to the electors; to provide for an election of the voters of the
9 newly incorporated area; and to provide for related matters.
10 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
11elected to each house concurring, that there shall be submitted to the electors of the state of
12Louisiana, for their approval or rejection in the manner provided by law, a proposal to
13amend Article VI, Section 2 of the Constitution of Louisiana, to read as follows:
14 §2. Municipalities
15 Section 2.(A) The legislature shall provide by general law for the
16 incorporation, consolidation, merger, and government of municipalities. No local
17 or special law shall create a municipal corporation or amend, modify, or repeal a
18 municipal charter. However, a special legislative charter existing on the effective
19 date of this constitution may be amended, modified, or repealed by local or special
20 law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-607 RE-REENGROSSED
HB NO. 235
1 (B)(1) Notwithstanding any contrary provision of this constitution, including
2 Article VI, Sections 4 and 6, the legislature may provide by local law for the
3 incorporation of any area located within the boundaries of a single parish as a
4 municipality within such parish if the parish contains fewer than two incorporated
5 areas on January 1, 2016. The legislature may also provide, by local law, for the
6 exclusion of the area from the boundaries of any municipality. Such an exclusion
7 shall not be effective until the effective date of such incorporation and upon approval
8 by a majority of the electors residing in the newly incorporated area.
9 (2) The exemption provided by Article VII, §20(A)(9)(a) for general city
10 taxes shall not apply to property located in any municipality in the parish of Orleans
11 existing prior to or after the ratification of Subparagraph (1) of this Paragraph.
12 Section 2. Be it further resolved that this proposed amendment shall be submitted
13to the electors of the state of Louisiana at the statewide election to be held on October 24,
142015.
15 Section 3. Be it further resolved that on the official ballot to be used at the election,
16there shall be printed a proposition, upon which the electors of the state shall be permitted
17to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
18follows:
19 Do you support an amendment to authorize the legislature to provide, by
20 local law, for the incorporation of any area located within the boundaries of
21 a single parish as a municipality within such parish if the parish contains
22 fewer than two incorporated areas; to provide for the reincorporation of the
23 area within the boundaries of any existing municipality; and to provide
24 relative to the application of the homestead exemption to ad valorem taxes
25 in the city of New Orleans if a municipality is incorporated subsequent to
26 ratification of this amendment? (Amends Article VI, Section 2)
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HB NO. 235
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)]
HB 235 Re-Reengrossed 2015 Regular Session Arnold
Abstract: Authorizes the legislature to provide, by local law, for the incorporation of any
area located within a single parish and to change the boundaries of any municipality
affected by the incorporation, and removes application of the homestead exemption
for general city taxes for property located in Orleans Parish
Present constitution provides that the legislature shall provide by general law for the
incorporation, consolidation, merger, and government of municipalities. Provides that no
local or special law shall create a municipal corporation, or amend, modify, or repeal a
municipal charter. Present constitution provides, however, that a special legislative charter
existing on the effective date of present constitution may be amended, modified, or repealed
by local or special law.
Proposed constitutional amendment retains present constitution except authorizes the
legislature to provide, by local law, for the incorporation of any area located within a single
parish, if the parish contains fewer than two incorporated areas on Jan. 1, 2016, and to
provide for the exclusion of the area from the boundaries of any existing municipality.
Provides that such exclusion shall not be effective until the effective date of such
incorporation and upon approval by a majority of the electors residing in the newly
incorporated area.
Proposed law provides that the exemption from ad valorem taxes for general city taxes shall
not apply to property located in any municipality in the parish of Orleans.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Oct. 24, 2015.
(Amends Const. Art. VI, §2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Limit applicability to parishes containing fewer than two incorporated areas.
2. Remove application of the homestead exemption for general city taxes for
property located in Orleans Parish.
3. Add technical changes to the ballot language.
The House Floor Amendments to the reengrossed bill:
1. Add a requirement that a majority of the electors residing in the newly
incorporated area approve the exclusion of the area from the boundaries of an
existing municipality prior to the exclusion becoming effective.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.