ACT No. 164
House Bill No. 1407. By: Messrs. Leach, Morris and Cain and Senator Poston.
AN ACT
To amend and reenact Paragraph (30) of Section 477 and Section 621.30 of Title 13 of the Louisiana Revised Statutes of 1950; to amend Section 477 of said Title 13 by adding thereto a new Paragraph, to be designated as Paragraph (36) thereof; to amend said Title 13 by adding thereto a new Section to be designated as R.S. 13:621.36; to amend and reenact Paragraph (30) of Section 51 of Title 16 of the Louisiana Revised Statutes of 1950 and to amend and reenact Part XXVII of Chapter 2 consisting of Sections 691 through 693 of said Title 16, and to redesignate the existing Paragraph (34) of Section 51 of said Title 16 as Paragraph (37), and to amend Section 51 of said Title 16 by adding thereto a new Paragraph to be designated as Paragraph (36), and to amend Chapter 2 of said Title 16 by adding thereto a new Part, to be designated as Part XXXII consisting of Sections 871 through 873 thereof; relative to the judicial districts of the state, to divide the Thirtieth Judicial District by the establishment of the Thirty-Sixth Judicial District to be composed of Beauregard Parish with the Thirtieth Judicial District to continue and be composed of Vernon Parish; to provide for a referendum election to submit to the electors of the existing Thirtieth Judicial District a proposition for their approval or disapproval thereof; to establish the office of district attorney of the Thirty-Sixth Judicial District; to provide for the election of the district attorney and judges of each court; to provide for the effective date of the division of the existing Thirtieth Judicial District and the establishment of the Thirty-Sixth Judicial District; to provide with respect to district attorneys and assistant district attorneys and their salaries; to provide for the effectiveness of the provisions of the Act and matters generally and specifically related to the division of the Thirtieth Judicial District and the establishment of the Thirty-Sixth Judicial District.
Be it enacted by the Legislature of Louisiana:
Section 1. Paragraph (30) of Section 477 of Title 13 of the Louisiana Revised Statutes of 1950 is hereby amended and reenacted and Paragraph (36) of said Section 477 is hereby enacted, to read as follows:
§477. Judicial districts
There shall be thirty-six judicial districts in the state, the parish of Orleans excepted, and each district shall be composed as follows:
(30) The parish of Vernon shall compose the Thirtieth District.
(36) The parish of Beauregard shall compose the Thirty-Sixth District.
Section 2. The governor, within fifteen days after the effective date of this Section, shall call a special election to be held within nine months after the effective date of this Section for the following purpose:
To submit to a vote of the electors of the existing Thirtieth Judicial District, being the parishes of Beauregard and Vernon, for their approval or disapproval, as provided in Section 15 of Article V of the Louisiana Constitution of 1974, the following proposition, in substantially the following form:
FOR the proposition that the Thirtieth Judicial District be divided, effective January 1, 1979, by the establishment of the Thirty-Sixth Judicial District composed of Beauregard Parish, and continuing the Thirtieth Judicial District composed of Vernon Parish as provided by HB No. 1407 of the 1977 Regular Session of the Louisiana Legislature.
AGAINST the proposition that the Thirtieth Judicial District be divided, effective January 1, 1979, by the establishment of the Thirty-Sixth Judicial District composed of Beauregard Parish, and continuing the Thirtieth Judicial District composed of Vernon Parish as provided by HB No. 1407 of the 1977 Regular Session of the Louisiana Legislature.
The secretary of state shall fill in the number of this Act in the propositions.
The special election provided for in this Section shall be conducted in accordance with law.
Section 3. There is hereby established the office of district attorney for the Thirty-Sixth Judicial District to be composed of the parish of Beauregard as provided in this Act. The district attorney herein provided for shall be elected at large from the parish of Beauregard.
Section 4. If the proposition submitted to the electors as is provided for in Section 2 of this Act is approved by the electors:
(1) The Thirtieth and Thirty-Sixth Judicial Districts shall on and after January 1, 1979, be composed as is provided in Section 1 of this Act.
(2) The judges of the Thirtieth Judicial District Court shall continue to serve as judges for said district, as such district exists until January 1, 1979, and until their present terms expire. At the next regular election for district judges throughout the state to be held in 1978 to take office on January 1, 1979, there shall be elected judges for Divisions A and B of the Thirtieth Judicial District, composed of the parish of Vernon, and there shall be elected a judge for the Thirty-Sixth Judicial District, composed of the parish of Beauregard, and thereafter the judges for these judicial districts shall be elected at the same time and in the same manner as is provided by law for the election of judges of district courts throughout the state.
(3) The district attorney for the Thirtieth Judicial District shall continue to serve as district attorney for that district until his present term expires. At the next regular election for district attorneys throughout the state to be held in 1978 to take office on January 1, 1979, there shall be elected a district attorney for the Thirtieth Judicial District, composed of the parish of Vernon, and a district attorney for the Thirty-Sixth Judicial District composed of the parish of Beauregard, and thereafter the district attorneys for these districts shall be elected at the same time and in the same manner as is provided by law for the election of district judges and district attorneys throughout the state.
Section 5. In the event more than one judicial district is established by authority of legislation passed at the 1977 Regular Session of the Louisiana Legislature, and two or more of such newly established districts are designated by the same number, the secretary of state is hereby authorized and directed to assign consecutive numbers to the newly established judicial districts, commencing with the Thirty-Sixth Judicial District, and to properly designate on the ballot provided for in Section 2 of this Act the number of the new districts created under the provisions of this Act.
Section 6. If the secretary of state changes the number of any new judicial district established at the 1977 Regular Session of the Louisiana Legislature by virtue of his authority under Section 5, the Louisiana Law Institute shall make necessary changes in applicable statutes, in order that all references to such judicial districts correspond to the number designation assigned to such judicial districts by the secretary of state.
Section 7. Section 621.30 of Title 13 of the Louisiana Revised Statutes of 1950 is hereby amended and reenacted and Section 621.36 of said Title 13 is hereby enacted, to read as follows:
§621.30. Thirtieth Judicial District
The Thirtieth Judicial District Court shall have two judges.
§621.36. Thirty-Sixth Judicial District
The Thirty-Sixth Judicial District Court shall have one judge.
Section 8. Paragraph (34) of Section 51 of Title 16 of the Louisiana Revised Statutes of 1950 is hereby redesignated as Paragraph (37) of Section 51 of Title 16.
Section 9. Paragraph (30) of Section 51 of Title 16 of the Louisiana Revised Statutes of 1950 is hereby amended and reenacted, and a new Paragraph (36) of said Section 51 is hereby enacted to read as follows:
§51. Assistant district attorneys
The district attorney of each judicial district and of the parish of Orleans shall appoint a first assistant district attorney and such other assistant district attorneys for his respective judicial district or for the parish of Orleans as may be necessary, the total number of assistant district attorneys in each judicial district and in the parish of Orleans to be not less than as hereinafter set forth:
(30) In the Thirtieth Judicial District, two assistant district attorneys;
(36) In the Thirty-Sixth Judicial District one assistant district attorney;
Section 10. Part XXVII of Chapter 2 consisting of Section 691 through 693 of Title 16 of the Louisiana Revised Statutes of 1950 is hereby amended and reenacted and Part XXXII consisting of Sections 871 through 873 of Chapter 2 of Title 13 of the Louisiana Revised Statutes of 1950 is hereby enacted, all to read as follows:
PART XXVII. THIRTIETH JUDICIAL DISTRICT
§691. Additional salary of assistant district attorneysEach assistant district attorney of the Thirtieth Judicial District shall receive as compensation for his services, in addition to the annual salary paid by the state, an annual salary to be fixed by the governing authority of the parish of Vernon of not less than three thousand two hundred fifty dollars, payable monthly on his own warrant by the parish of Vernon.
§692. Additional salary of district attorney
The district attorney of the Thirtieth Judicial District of this state shall receive, in addition to the salary now paid him by the state, an annual salary to be fixed by the governing authority of the parish of Vernon, of not less than nine thousand dollars, payable monthly on his own warrant by the parish of Vernon.
§693. Budget to include additional salary
The governing authority of the parish of Vernon shall annually and at the time it prepares its general budget of expenses, budget an amount sufficient to pay the salaries provided in this Part.
PART XXXII. THIRTY-SIXTH JUDICIAL DISTRICT
§871. Additional salary of assistant district attorneys
Each assistant district attorney of the Thirty-Sixth Judicial District shall receive as compensation for his services, in addition to the annual salary paid by the state, an annual salary to be fixed by the governing authority of the parish of Beauregard of not less than three thousand two hundred fifty dollars, payable monthly on his own warrant by the parish of Beauregard.
§872. Additional salary of district attorney
The district attorney of the Thirty-Sixth Judicial District shall receive, in addition to the salary paid him by the state, an annual salary to be fixed by the governing authority of the parish of Beauregard, of not less than nine thousand dollars, payable monthly on his own warrant by the parish of Beauregard.
§873. Budget to include additional salary
The governing authority of the parish of Beauregard shall annually and at the same time as it prepares its general budget of expenses, budget an amount sufficient to pay for the salaries provided for in this Part.
Section 11. It is the intent of the legislature that nothing in this Act shall be construed to supersede or repeal any other Act of the 1975, 1976 or 1977 Regular Sessions of the Louisiana Legislature establishing, dividing or merging any judicial districts other than the Thirtieth and Thirty-Sixth Judicial Districts provided for in this Act, and this Act particularly shall not supersede or repeal the provisions of Act 13 of the 1975 Regular Session of the Louisiana Legislature or Act 47 of the 1976 Regular Session of the Louisiana Legislature with respect to judicial districts other than the judicial districts provided for in this Act.
Section 12. The provisions of Sections 2, 3, 4, 5, 6, 11, 12, 13 and 14 of this Act shall become effective upon signature by the governor or, if not signed or vetoed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the constitution. The provisions of Sections 1, 7, 8, 9, and 10 of this Act shall take effect and become operative on January 1, 1979, if the proposition submitted to the electors as provided in Section 2 of this Act is approved by the electors. If the proposition is disapproved, the provisions of this Act shall expire and be null, void, and shall have no effect.
Section 13. If any provision or item of this Act or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Act which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this Act are hereby declared severable.
Section 14. All laws or parts of laws in conflict herewith are hereby repealed.
Approved by the Governor: July 4, 1977.
Published in the Official Journal of the State: July 15, 1977.
A true copy:
PAUL J. HARDY
Secretary of State.
ACT No. 620
House Bill No. 1032. By: Messrs. Fernandez, Bopp and Patti and Senators Nunez and Mouton.
AN ACT
To amend and reenact Subsection C of Section 312.1, Paragraph (28) of Section 477, Sections 621.3, 621.16, 621.21, 621.24, 1403, 1404, 1406 and 1408 all of Title 13 of the Louisiana Revised Statutes of 1950, and to amend Section 477 of said Title 13 by adding thereto a new Paragraph to be designated as Paragraph (36) of Section 477 and to add new Sections to be designated as R.S. 13:312.3, R.S. 13:621.34 and R.S. 13:621.36, and to amend and reenact Paragraph (28) of Section 51 of Title 16 of the Louisiana Revised Statutes of 1950; to amend and reenact Sections 621 and 624 of Title 16 of the Louisiana Revised Statutes of 1950 and to enact Part XXXI I of Chapter 2 of said Title 16 composed of Sections 871 and 872; relative to judges and the state judiciary, to provide for additional judges in the Third, Sixteenth, Twenty-First, Twenty-Fourth, and Thirty-Fourth Judicial District Courts, for two additional judges of the Family Court for the parish of East Baton Rouge, to create and provide for divisions for said courts, to provide for the qualifications, terms, emoluments, compensation, expenses and election of the additional judges for said courts; to provide relative to the qualifications, salaries, vacation, powers and duties and requirements in case of absence or inability to serve with respect to thejudges of the Family Court for the parish of East Baton Rouge; to provide for the termination of the assignment of the judge of Division "K" of the Nineteenth Judicial District Court to said family court; to provide for the establishment of additional offices of judge of the Court of Appeal for the Third Circuit, including the election of the additional judges, their initial terms, compensation, expenses and emoluments of office; to provide for the submission to the electors of Caldwell and LaSalle parishes a proposition to divide the Twenty-Eighth Judicial District to continue the Twenty-Eighth Judicial District composed of the parish of LaSalle and to establish the Thirty-Sixth Judicial District to be composed of the parish of Caldwell; to create the offices of judge and district attorney for the Thirty-Sixth Judicial District, to provide with respect to their terms and compensation and to provide for the calling of an election to fill these offices; to provide for the number of and compensation for assistant district attorneys for the Twenty-Eighth Judicial District; to provide for the effectiveness of the Act and for other matters related to the division of the Twenty-Eighth Judicial District and the establishment of the Thirty-Sixth Judicial District; and to provide for the effectiveness of the provisions of the Act and the establishment of the additional judgeships; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
* * * * *
Section 17. The governor, within fifteen days after the effective date of this Section, shall call a special election to be held on October 1, 1977 for the following purpose:
To submit to a vote of the electors of the existing Twenty-Eighth Judicial District, being the parishes of Caldwell and LaSalle, for their approval or disapproval, as provided in Section 15 of Article V of the Louisiana Constitution, the following proposition, in substantially the following form:
FOR the proposition that the Twenty-Eighth Judicial District be divided, effective January 3, 1978, by the establishment of the Thirty-Sixth Judicial District composed of Caldwell Parish, and continuing the Twenty-Eighth Judicial District composed of LaSalle Parish as provided by HB No. - of the 1977 Regular Session of the Louisiana Legislature.
AGAINST the proposition that the Twenty-Eighth Judicial District be divided, effective January 3, 1978, by the establishment of the Thirty-Sixth Judicial District composed of Caldwell Parish, and continuing the Twenty-Eighth Judicial District composed of LaSalle Parish as provided by HB No. - of the 1977 Regular Session of the Louisiana Legislature.
The secretary of state shall fill in the number of this Act in the propositions.
The special election provided for in this Section shall be conducted in accordance with law by the election officials and personnel who conduct primary elections.
Section 18. The initial Paragraph and Paragraph (28) of Section 477 of Title 13 of the Louisiana Revised Statutes of 1950 are hereby amended and reenacted and Paragraph (36) of said Section 477 is hereby enacted, to read as follows:
§477. Judicial districts
There shall be thirty-six judicial districts in the state, the parish of Orleans excepted, and each district shall be composed as follows:
(28) The parish of LaSalle shall compose the Twenty-Eighth District.
(36) The parish of Caldwell shall compose the Thirty-Sixth District.
Section 31. Except as otherwise provided in this Act, all laws or parts of laws in conflict herewith are hereby repealed.
Approved by the Governor: July 21, 1977.
Published in the Official Journal of the State: August 16, 1977.
A true copy:
PAULJ. HARDY
Secretary of State.