HLS 16RS-684 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 786
BY REPRESENTATIVE BISHOP
MUNICIPAL/ANNEXATION: Provides relative to annexation ordinances adopted by
municipalities
1 AN ACT
2To amend and reenact R.S. 33:160(B) and 171(A) and to enact R.S. 33:160(C), 171(D), and
3 178(C) and (D), relative to municipal annexation; to require municipal governing
4 authorities to provide copies of municipal annexation ordinances, by electronic
5 medium, to the registrar of voters and the secretary of state; to provide alternative
6 methods of providing such information; to provide for definitions; and to provide for
7 related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 33:160(B) and 171(A) are hereby amended and reenacted and R.S.
1033:160(C), 171(D), and 178(C) and (D) are hereby enacted to read as follows:
11 §160. Returns of election; recording returns; proclaiming result; effect of vote
12 favoring annexation
13 * * *
14 B. The municipal governing authority shall furnish to, by electronic medium,
15 the registrar of voters and the secretary of state a copy of all municipal ordinances
16 annexing territory within fifteen days after adoption of such ordinances, as well as
17 a map and written description of all newly annexed territory. If the municipal
18 governing authority does not have the ability to submit the information required by
19 this Subsection by electronic medium, the governing authority shall submit the
20 information by certified mail or commercial courier.
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1 C. As used in this Section, the following terms shall have the meanings
2 ascribed to them by this Subsection:
3 (1) "Electronic medium" means by electronic mail or facsimile.
4 (2) "Commercial courier" means any foreign or domestic business entity
5 having as its primary purpose the delivery of letters and parcels of any type which
6 acquires a signed receipt from the addressee, or the addressee's agent, of the letter
7 or parcel upon completion of delivery and has no direct or indirect interest in the
8 outcome of the matter to which the letter or parcel concerns.
9 * * *
10 §171. Ordinance to enlarge or contract corporate limits; distribution of certain
11 revenues in annexed areas
12 A. The limits and boundaries of incorporated municipalities shall remain as
13 established on July 31, 1946, but may be enlarged or contracted, by ordinance of the
14 governing body as hereinafter provided, the city of New Orleans excepted. The
15 municipal governing authority shall furnish, by electronic medium, the registrar of
16 voters of the affected area and the secretary of state a copy of all municipal
17 ordinances annexing territory within fifteen days after adoption of such ordinances,
18 as well as a map and written description of all newly annexed territory. If the
19 municipal governing authority does not have the ability to submit the information
20 required by this Subsection by electronic medium, the governing authority shall
21 submit the information by certified mail or commercial courier.
22 * * *
23 D. As used in this Section, the following terms shall have the meanings
24 ascribed to them by this Subsection:
25 (1) "Electronic medium" means by electronic mail or facsimile.
26 (2) "Commercial courier" means any foreign or domestic business entity
27 having as its primary purpose the delivery of letters and parcels of any type which
28 acquires a signed receipt from the addressee, or the addressee's agent, of the letter
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HB NO. 786
1 or parcel upon completion of delivery and has no direct or indirect interest in the
2 outcome of the matter to which the letter or parcel concerns.
3 * * *
4 §178. Ordinance defining territory excluded or included and description of
5 boundary as changed required to be filed with clerk of district court
6 * * *
7 C. Each municipal governing authority shall furnish, by electronic medium,
8 the registrar of voters and the secretary of state a copy of the municipal ordinance
9 enlarging or contracting the boundaries of the municipality within fifteen days after
10 adoption of such ordinance, as well as a map and written description of the entire
11 boundary of the municipality as changed. If the municipal governing authority does
12 not have the ability to submit the information required by this Subsection by
13 electronic medium, the governing authority shall submit the information by certified
14 mail or commercial courier.
15 D. As used in this Section, the following terms shall have the meanings
16 ascribed to them by this Subsection:
17 (1) "Electronic medium" means by electronic mail or facsimile.
18 (2) "Commercial courier" means any foreign or domestic business entity
19 having as its primary purpose the delivery of letters and parcels of any type which
20 acquires a signed receipt from the addressee, or the addressee's agent, of the letter
21 or parcel upon completion of delivery and has no direct or indirect interest in the
22 outcome of the matter to which the letter or parcel concerns.
23 Section 2. This Act shall become effective upon signature by the governor or, if not
24signed by the governor, upon expiration of the time for bills to become law without signature
25by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
26vetoed by the governor and subsequently approved by the legislature, this Act shall become
27effective on the day following such approval.
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HB NO. 786
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 786 Engrossed 2016 Regular Session Bishop
Abstract: Requires municipal governing authorities to furnish to the registrar of voters and
the secretary of state, by electronic medium, copies of municipal annexation
ordinances.
Present law authorizes owners of property lying contiguous and adjacent to the territorial
corporate limits of any municipality, except in New Orleans, to petition the mayor and
governing authority of the municipality to annex their property into the municipality.
Requires that the petition contain one-third in number and value of the bona fide owners of
the property and that a majority in number and value of the qualified electors residing in and
upon the property vote in favor of annexation at an election held for that purpose.
Present law authorizes the municipality, once annexation is approved by the property
owners, to order an election and submit a proposition to qualified electors residing within
the corporate limits of the municipality for the purpose of deciding whether they consent to
the proposed annexation.
Proposed law retains present law.
Present law requires the municipal governing authority to furnish the registrar of voters a
copy of all municipal ordinances annexing territory as well as a map and written description
of all newly annexed territory.
Proposed law specifies that a copy of the ordinances be furnished, by electronic medium, to
the registrar of voters and secretary of state within 15 days of the adoption of the ordinances.
Requires the municipal governing authority, if it cannot furnish the information by electronic
medium, to furnish it by certified mail or commercial courier.
Present law authorizes the governing authorities of incorporated municipalities to enlarge
or contract the municipal boundaries by ordinance.
Proposed law retains present law.
Present law requires the municipal governing authority to furnish the registrar of voters a
copy of all municipal ordinances annexing territory as well as a map and written description
of all newly annexed territory.
Proposed law specifies that a copy of the ordinances be furnished, by electronic medium, to
the registrar of voters and secretary of state within 15 days of the adoption of the ordinances.
Requires the municipal governing authority, if it cannot furnish the information by electronic
medium, to furnish it by certified mail or commercial courier.
Present law requires, within 10 days after the adoption of the ordinance, that a written
description of the entire boundary of the municipality as changed be filed by the clerk of the
municipality with the clerk of the district court of the parish in which the municipality is
located.
Proposed law retains present law and additionally requires the municipal governing authority
to furnish the registrar of voters and the secretary of state, a copy of the ordinance enlarging
or contracting the boundaries of the municipality, within 15 days of the adoption of the
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HB NO. 786
ordinance, as well as a map and written description of the entire boundary of the
municipality as changed. Requires the municipal governing authority, if it cannot furnish
the information by electronic medium, to furnish it by certified mail or commercial courier.
Proposed law defines the terms "electronic medium" to mean electronic mail or facsimile
and "commercial courier" to mean any foreign of domestic business entity having as its
primary purpose the delivery of letters and parcels of any type acquires a signed receipt from
the addressee, or the addressee's agent.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:160(B) and 171(A); Adds R.S. 33:160(C), 171(D), and 178(C) and (D))
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