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 1147 Original 2016 Regular Session Smith
Abstract: Provides relative to the procedures and time limits for the petition for the incorporation
of a new municipality.
Present law provides that residents of any unincorporated area with a population in excess of 200
people may propose the incorporation of the area. A petition for incorporation must contain the
following information:
(1)A legal description of the area proposed for incorporation 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 unincorporated area, 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 unincorporated area.
(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 generally retains present law and additionally provides the following with respect to
such a petition:
(1)Requires the secretary of state to provide a form for such a petition that is approved by the
attorney general and requires that all petitions be on an approved form or a form which
contains the same information as required on the approved form.
(2)Requires that a map of the area proposed for incorporation and a list of every parish in which
the proposed area of incorporation is wholly or partially situated be included within the legal
description.
(3)Relative to the names of chairpersons for the petition of incorporation, limits the number to two and requires that they be designated as chairperson and vice chairperson. Authorizes the
vice chairperson to carry out the duties of the chairperson in his absence.
Proposed law requires, prior to the collection of signatures, submission of a copy of the proposed
petition to the secretary of state. Requires the secretary of state to endorse the fact and the date of
filing. Provides that the petition is deemed filed as of the date of endorsement. Requires the
secretary of state to notify the chairperson within 10 business days, by certified mail, return receipt
requested, of the date of endorsement. Prohibits the collection of signatures until the receipt of the
notice of endorsement and prohibits the filing of a copy of a petition less than 14 days prior to an
election through 10 days after an election.
Proposed law requires the secretary of state to immediately transmit a copy of the petition, by mail
or electronically, to the registrar of voters for each parish in which the proposed incorporated area
is situated. Requires the registrar of voters, within 10 business days of the date of endorsement, to
transmit to the chairperson and the secretary of state, by mail or electronically, a notice of the number
of electors residing within the area proposed for incorporation as of the date the notice is sent to the
chairperson and the secretary of state.
Proposed law requires the chairperson to submit the signed and dated petition for certification to the
registrar of voters for each parish in which the proposed incorporated area is situated. Further
requires the chairperson to notify the registrar of voters, by certified mail or receipted hand delivery,
that he intends to submit the petition for certification at least 14 days prior to actual submission.
Requires the chairperson to submit the petition not later than 180 days after the date on which he
receives notice of the date of endorsement, if fewer than 10,000 qualified electors reside within the
area proposed for incorporation and 270 days from such date if 10,000 or more qualified electors
reside in the area proposed for incorporation.
Proposed law requires the chairperson to attach an affidavit to the petition attesting to the fact that
no signatures were obtained prior to the receipt of notice of endorsement. Prohibits the registrar of
voters from reviewing the signed petition to determine if it contains the requisite number of
signatures if petitioners fail to submit the signed petition within the requisite number of days.
Further prohibits the filing of another copy of a petition to the secretary of state that proposes to
incorporate the same area for at least 60 days.
Present law provides that all electors are eligible to sign the petition and that more than one copy of
the petition may be circulated. Requires that the signatures of the electors reasonably correspond
with their signatures on file in the office of the registrar of voters. Further requires that signatures
of electors on any copy of the petition be counted as part of the required 25%.
Proposed law retains present law but removes requirement that signatures of electors on any copy
of the petition be counted as part of the required 25%. Proposed law instead requires that the
signature of an elector be counted only one time in the calculation of the required 25%.
Present law authorizes any elector to withdraw his name from the petition by filing a signed
statement of withdrawal with the registrar of voters at any time before the registrar of voters certifies the petition.
Proposed law instead requires the registrar of voters, prior to certifying the petition but not more than
five days after submission by the chairperson for certification, whichever is earlier, to honor the
written request of any elector who desires to have is signature stricken from or added to the petition.
Provides further relative to the contents of the notice.
Proposed law provides that the petition, including the elector's name, address, and signature, are
public record as of the date written notice is given by the chairperson of his intent to submit the
petition for certification. Additionally provides that the request of the elector to add or remove his
name is a public record. Prohibits the disclosure of the voter's day and month of birth.
Proposed law provides that the chairperson is the custodian of the petition prior to submission for
certification but the registrar of voters becomes the custodian once the petition is submitted for
certification. Provides that the petition and its custodian are subject to present law (R.S. 44:1)
relative to the inspection of public records.
Proposed law prohibits the annexation of any area included within a petition filed with the secretary
of state until the time lapses for the chairman to submit the petition for certification.
(Amends R.S. 33:1)