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 744 Reengrossed 2015 Regular Session Arnold
Abstract: Relative to the parish of Orleans, provides for the incorporation of the 15th ward of the
parish, provides for governance of newly created municipality, and changes the boundaries
of the city of New Orleans.
Proposed law provides that residents of the 15th ward of the parish of Orleans may propose the
incorporation of the area as a municipality within the parish of Orleans as provided by proposed law.
Provides that a petition proposing incorporation shall be prepared and shall contain the following:
(1)A legal description of the territory included within the 15th ward of the parish of Orleans and
a statement that all lands included in the area constitute a contiguous area.
(2)A statement of the number of inhabitants residing in the 15th ward of the parish of Orleans
based on the latest federal decennial census or another current population report or count
which is verifiable.
(3)A statement of the assessed value of the real property located in the 15th ward of the parish
of Orleans.
(4)A listing of the public services the municipal corporation proposes to render to the area and
a plan for the provision of these services.
(5)A statement of the corporate name desired for the new municipality.
(6)The names of two or more chairpersons for the petition for incorporation who shall serve as
agents for the petitioners in all legal matters, including the receipt of notices.
Proposed law requires the signatures of 10% of the electors residing in the 15th ward of the parish
of Orleans in order to file the petition as provided by proposed law. Provides that all electors,
whether or not they own land, shall be eligible to sign the petition and provides that the signatures
must reasonably correspond with their signatures on file in the office of the registrar of voters.
Proposed law provides that more than one copy of the petition may be circulated and signatures of
electors on any copy of the petition shall be counted as part of the required 10%.
Proposed law provides that any elector may withdraw his name from the petition in accordance with
certain specified procedures. Proposed law provides that when the proponents of the petition for incorporation believe they have
the signatures of at least 10% of the electors residing in the 15th ward of the parish of Orleans, they
shall file the petition with the registrar of voters for the parish of Orleans. Provides that the registrar
of voters shall determine if 10% or more of the electors residing in the 15th ward of the parish of
Orleans have signed the petition. Provides that the required percentage shall be determined on the
basis of the number of electors on the rolls of the registrar of voters at the time the petition was filed
with the registrar of voters.
Proposed law provides that if the registrar of voters determines that the required 10% of electors
have signed the petition, the registrar of voters shall issue a certificate stating that 10% or more of
the electors residing in the 15th ward of Orleans Parish have signed the petition and shall forward
this certificate to the governor.
Proposed law provides that if the registrar of voters determines that less than 10% of the electors
have signed the petition, the proponents of the incorporation shall have additional time in which to
obtain additional signatures to the petition to meet the 10% requirement.
Proposed law provides that upon receipt of the certificate from the registrar of voters, the governor
shall determine if the petition complies with the provisions of proposed law. Requires the governor,
if he finds that there has been compliance with the provisions of proposed law, to call a special
election to be held on the next possible date for special elections specified in present law.
Proposed law provides that the special election shall be for the purpose of determining whether the
15th ward of the parish of Orleans shall become a municipality. Provides that all qualified electors
residing within the 15th ward of the parish of Orleans shall be entitled to vote in the special election
and the election shall be held in accordance with the procedures specified in present law. Provides
that the costs of the special election shall be borne by the parish of Orleans.
Proposed law provides that if a majority of electors voting in the special election approve the
incorporation, a chairperson for the petition shall publish the results of the election once in the
official journal of the parish of Orleans. Provides that the notice of the results of the election shall
also state the name of the municipality, that the municipality will be legally incorporated 30 days
from the date of the publication unless a legal action contesting the incorporation is filed within the
30-day period, and that notice of such action must be served on a chairperson within the 30-day
period.
Proposed law provides that if a chairperson has not received notice within the prescribed period, the
area proposed to be incorporated shall become a municipal corporation at the expiration of the
prescribed period and shall have the municipal name set forth in the petition. Requires a chairperson
for the petition to file the following documents in the office of the secretary of state: a copy of the
petition, a certified copy of the results of the election, and a copy of the notice or notices announcing
the results of the election and stating the date on which the municipality would become legally
incorporated barring the institution of legal action within the time specified in proposed law.
Proposed law provides that any elector residing in the 15th ward of the parish of Orleans or any person owning land in such area may file a petition contesting the incorporation. Provides that the
petition shall be filed and summons served on the chairperson of the petition within the times
specified in proposed law.
Proposed law provides that the petition shall be filed in the district court having jurisdiction over the
area in which all or a majority of the electors eligible to have voted in the special election on
incorporation reside. Provides that the petition shall set forth the reasons why the incorporation
should not be approved. Proposed law provides that the procedures applicable to a civil action shall
be applicable to these actions. Provides that if more than one petition is filed, the actions shall be
consolidated for trial.
Proposed law provides that the district court may designate or appoint a commissioner who shall be
a noninterested party to hold hearings on the petition. Provides that the designated or appointed
commissioner, after holding such hearings, shall file a written report stating his findings of fact and
conclusions of law concerning the petition and making a recommendation to the district court
concerning whether the area should be incorporated.
Proposed law provides that the district court shall determine whether there has been full compliance
with the provisions of proposed law, including the accuracy of the statements in the petition and of
the certification of the registrar of voters. Provides that the court shall also reach a determination
as to whether the municipality can in all probability provide the proposed public services within a
reasonable period of time.
Proposed law provides that if the district court determines that the provisions of proposed law have
been complied with and that the municipality has the capacity to provide the proposed public
services within a reasonable period of time the district court shall enter an order declaring the date
the municipality shall become incorporated. Provides that the order shall set forth the name and the
boundaries of the municipality. Provides that unless this order is vacated by a timely suspensive
appeal, a copy of the order shall be filed in the office of the secretary of state.
Proposed law provides that if the district court determines that the provisions of proposed law have
not been complied with, that the proposed municipality will not be able to provide the public services
proposed in the petition within a reasonable period of time, or that the incorporation is unreasonable,
the district court shall enter an order denying the incorporation.
Proposed law provides that any person that filed a petition contesting the proposed incorporation as
provided in proposed law may appeal a district court order granting the incorporation within the time
and in the manner provided by law. Proposed law additionally provides that any elector residing in
the area proposed for incorporation or any person owning land in the area proposed for incorporation
may appeal a district court order denying incorporation of the area within the time and in the manner
provided by law.
Proposed law provides that the governor shall appoint the initial officers of a newly incorporated
municipality, who shall give bond as required. Provides that such officers shall hold office until the
next general municipal election and until their successors take their oaths of office. Proposed law provides that the municipal corporation created pursuant to the provisions of proposed
law shall be governed by the provisions of the Lawrason Act (mayor-board of aldermen) until such
time of the adoption of a home rule charter pursuant to present constitution.
Proposed law provides that upon incorporation of the 15th ward the boundaries of the city of New
Orleans shall not include the territory included within the 15th ward of the parish of Orleans.
Effective if and when the proposed amendment of Article VI of the Constitution of La. contained
in the Act which originated as House Bill No. ___ of this 2015 R.S. of the Legislature is adopted at
a statewide election and becomes effective.
(Adds R.S. 33:11.1-11.8)