HLS 10RS-669 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 412
BY REPRESENTATIVE BARROW
LOCAL GOVERNMENT: Repeals provisions for certain forms of municipal government
AN ACT1
To amend and reenact R.S. 33:321 and to repeal Part II of Chapter 2 of Title 33 of the2
Louisiana Revised Statutes of 1950, comprised of R.S. 33:501 through 571, and Part3
III of Chapter 2 of Title 33 of the Louisiana Revised Statutes of 1950, comprised of4
R.S. 33:611 through 851, relative to certain forms of municipal government; to5
repeal provisions for the commission plan and commission-manager plan of6
municipal government; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 33:321 is hereby amended and reenacted to read as follows: 9
ยง321. Municipalities governed by mayor-board of aldermen form of government10
All municipalities shall be governed by the provisions of this Part except11
those municipalities governed by a special legislative charter, or a home rule charter12
or plan of government adopted pursuant to Article VI, Section 5 of the Constitution13
of Louisiana, or Part II or Part III of this Chapter.14
Section 2. Part II of Chapter 2 of Title 33 of the Louisiana Revised Statutes of 1950,15
comprised of R.S. 33:501 through 571, and Part III of Chapter 2 of Title 33 of the Louisiana16
Revised Statutes of 1950, comprised of R.S. 33:611 through 851, are hereby repealed in their17
entirety.18
Section 3. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20 HLS 10RS-669 ORIGINAL
HB NO. 412
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
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)]
Barrow HB No. 412
Abstract: Repeals provisions for the commission plan and the commission-manager plan
of municipal government.
Present law requires that all municipalities be governed by the mayor-board of alderman
(Lawrason) form of government except those municipalities governed by a special
legislative charter, a home rule charter, or plan of government adopted pursuant to the state
constitution, the commission plan, or the commission-manager plan.
Present law (R.S. 33:501-571)(commission plan) requires the mayor or the governing
authority, upon petition of 25% of the electors of a municipality, to submit the question of
organizing under commission plan at a special election to be held at a time specified in the
proclamation, not less than 30 days nor more than 60 days after the petition is filed.
Requires every municipality operating under the commission plan and having a population
of 100,000 persons or over to be governed by an elective council of five members, consisting
of a mayor and four councilmen. Further requires every municipality having a population
of less than 100,000 to be governed by an elective council of three members, consisting of
a mayor and two councilmen. Provides the mayor and each council member also serves as
commissioner of a municipal department. Provides further with respect to the municipal
departments and the officers and employees of the municipality.
Present law (R.S. 33:611-851) (commission-manager plan) requires the mayor, upon petition
of electors equal in number to 33% of the votes cast for all candidates for mayor at the
preceding general election in the city, to submit the question of reorganizing as a city and
adopting the commission-manager plan at a special election to be held at a specified time.
The election shall not be less than 30 days or more than 60 days after the petition is filed.
Provides that the commission shall consist of five citizens elected at large who shall serve
four-year terms. There is not a mayor under this form of government, but the commission
hires a city manager with broad authority to execute the policies of the commission.
Provides further with respect to the powers and duties of the commission.
Proposed law repeals provisions for the commission plan and the commission-manager plan
of municipal government.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:321; Repeals R.S. 33:501-571 and 611-851)