SLS 10RS-162 ORIGINAL
Page 1 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 604
BY SENATOR MORRISH
LIEUTENANT GOVERNOR. Transfers the powers and duties of the lieutenant governor.
(1/1/11)
AN ACT1
To amend and reenact R.S. 49:121(E), 201.1, 206, 968(B)(21)(a), 1112(A), (B)(2)(b) and2
(k), and (D), 1115(A)(15), 1212(A), (B)(8), (C), (E), and (K), and 1213(B), and to3
repeal R.S. 49:202.1, relative to the office of lieutenant governor; to transfer the4
powers of the lieutenant governor; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 49:121(E), 201.1, 206, 968(B)(21)(a), 1112(A), (B)(2)(b) and (k),7
and (D), 1115(A)(15), 1212(A), (B)(8), (C), (E), and (K), and 1213(B) are hereby amended8
and reenacted to read as follows: 9
§121. Name of board, department, or subdivisions; marking on boat or vehicle;10
Louisiana public license plates; exemptions11
* * *12
E. Those vehicles used in crime prevention and detection and similar13
investigative work, which if identified as required by this Section could not be used14
effectively for such purposes, are exempt from the provisions of this Part, and, in15
addition, the vehicles used by the governor, lieutenant governor, statewide elected16
officials, state schools for the deaf, blind, spastic, and cerebral palsied, Special17 SB NO. 604
SLS 10RS-162 ORIGINAL
Page 2 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
School District Number One, and any community and group homes and residential1
facilities administered by the Department of Social Services or the Department of2
Health and Hospitals are exempt from the provisions of this Part.3
* * *4
§201.1. Salary of acting governor5
The lieutenant governor secretary of state or any other authorized official,6
while discharging the duties of the governor, shall receive a salary equal to that of7
the governor.8
* * *9
§206. Temporary absence of governor and lieutenant governor secretary of state;,10
order of those who shall act as governor11
When both the governor and the lieutenant governor secretary of state are12
temporarily absent from the state at the same time and neither can be contacted as13
a result of the existence of an emergency situation, the official whose title appears14
first in the following list and who is present in the state shall act as governor to15
maintain the necessary continuity of state government:16
(1) The elected secretary of state;17
(2) The elected attorney general;18
(3) (2) The elected treasurer;19
(4) (3) The presiding officer of the Senate; and20
(5) (4) The presiding officer of the House of Representatives.21
* * *22
§968. Review of agency rules; fees23
* * *24
B. Prior to the adoption, amendment, or repeal of any rule or the adoption,25
increasing, or decreasing of any fee, the agency shall submit a report relative to such26
proposed rule change or fee adoption, increase, or decrease to the appropriate27
standing committees of the legislature and the presiding officers of the respective28
houses as provided in this Section. The report shall be so submitted on the same day29 SB NO. 604
SLS 10RS-162 ORIGINAL
Page 3 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the notice of the intended action is submitted to the Louisiana Register for1
publication in accordance with R.S. 49:953(A)(1). The report shall be submitted to2
each standing committee at the committee's office in the state capitol by certified3
mail with return receipt requested or by messenger who shall provide a receipt for4
signature. The return receipt or the messenger's receipt shall be proof of receipt of5
the report by the committee.6
* * *7
(21)(a) Except as provided in Paragraph (1) of this Subsection, the office of8
the governor and the office of the lieutenant governor and all of the agencies within9
or part of either and any other agency for which provisions are not otherwise made10
in this Subsection, shall submit the report to the speaker of the House of11
Representatives and the president of the Senate, except that executive orders duly12
issued by the governor and attested to by the secretary of state are exempt from the13
provisions of this Chapter. The speaker of the House of Representatives and the14
president of the Senate shall promptly forward the report to the appropriate standing15
committee of their respective houses.16
* * *17
§1112. Commission established; purposes; membership; officers18
A. The Louisiana Serve Commission, hereinafter referred to in this Chapter19
as "commission,", is hereby established in the executive branch of state government20
in the office of the lieutenant governor secretary of state. The commission is21
hereby declared to be a body corporate and public, exercising public and essential22
governmental functions. The domicile of the commission shall be in the city of23
Baton Rouge. The purpose of the commission shall be to:24
(1) Encourage community service as a means of community and state25
problem solving.26
(2) Promote and support citizen involvement in government and private27
programs throughout this state.28
(3) Develop a long term, comprehensive vision and plan for action for29 SB NO. 604
SLS 10RS-162 ORIGINAL
Page 4 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
community service initiatives in this state.1
(4) Act as the state's policymaking body for the Corporation for National and2
Community Service.3
(5) Serve as the state's liaison to other national and state organizations which4
support its mission.5
B.(1) * * *6
(2)(a) * * *7
(b) Successor members of the commission shall be appointed by the8
governor, in collaboration with the lieutenant governor secretary of state, on a9
bipartisan basis for three-year terms, subject to confirmation by the Senate.10
* * *11
(k) The lieutenant governor secretary of state as an ex officio nonvoting12
member.13
* * *14
D. A vacancy among the members shall be filled by the governor, in15
collaboration with the lieutenant governor secretary of state, to serve the remainder16
of the term, subject to confirmation by the Senate.17
* * *18
§1115. Commission duties and responsibilities19
A. The commission shall:20
* * *21
(15) Provide the governor, lieutenant governor secretary of state, and the22
legislature with an annual report which describes its activities during the previous23
year. These reports shall be due by December thirty-first for the previous program24
year.25
* * *26
§1212. Louisiana Council on the Social Status of Black Men and Boys; creation;27
domicile; membership28
A. The Louisiana Council on the Social Status of Black Men and Boys,29 SB NO. 604
SLS 10RS-162 ORIGINAL
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
hereinafter referred to in this Chapter as the "council,", is hereby established in the1
executive branch of state government in the office of the lieutenant governor2
secretary of state. The council is hereby declared to be a body corporate and public,3
exercising public and essential governmental functions. The domicile of the council4
shall be in the city of Baton Rouge.5
B. The council shall be comprised of nineteen members as provided in this6
Subsection and Subsection C of this Section:7
* * *8
(8) The lieutenant governor secretary of state or his designee.9
* * *10
C. The lieutenant governor secretary of state shall appoint five members as11
provided for in this Subsection. The presidents of Southern University, Grambling12
State University, Dillard University, Xavier University, and Louisiana State13
University and Agricultural and Mechanical College shall each submit to the14
lieutenant governor secretary of state a list of three nominees. The lieutenant15
governor secretary of state shall appoint one member from the list of nominees16
submitted by the president of each academic institution.17
* * *18
E. The lieutenant governor secretary of state shall appoint the chairman of19
the council, and the council shall annually elect a vice chairman from among its20
members.21
* * *22
K. The lieutenant governor secretary of state shall provide staff and23
administrative support to the council.24
§1213. Council; powers and duties25
* * *26
B. The council shall issue its first annual report by February 1, 2009, and by27
January first each following year, stating the findings, conclusions, and28
recommendations of the council. The council shall submit the report to the29 SB NO. 604
SLS 10RS-162 ORIGINAL
Page 6 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
governor,lieutenant governor secretary of state, the president of the Senate, the1
speaker of the House of Representatives, and the chairmen of the committees with2
appropriate jurisdiction in the House and Senate.3
Section 2. R.S. 49:202.1 is hereby repealed in its entirety.4
Section 3. This Act shall become effective only if the proposed constitutional5
amendment to be submitted to the electors of the state at the statewide election to be held on6
November 2, 2010, that originated as Senate Bill 95 of the 2010 Regular Session of the7
Legislature, is approved by the electorate, and shall become effective on January 1, 2011.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that those vehicles used in crime prevention and detection and similar
investigative work, which if identified as required by present law could not be used
effectively for such purposes, are exempt from the provisions of present law, and, in
addition, the vehicles used by the governor, lieutenant governor, statewide elected officials,
state schools for the deaf, blind, spastic, and cerebral palsied, Special School District
Number One, and any community and group homes and residential facilities administered
by the Department of Social Services or the Department of Health and Hospitals are exempt
from the provisions of present law.
Present law provides that the lieutenant governor or any other authorized official, while
discharging the duties of the governor, is to receive a salary equal to that of the governor.
Present law provides that when both the governor and the lieutenant governor are
temporarily absent from the state at the same time and neither can be contacted as a result
of the existence of an emergency situation, the official whose title appears first in the
following list and who is present in the state is to act as governor to maintain the necessary
continuity of state government:
(1)The elected secretary of state.
(2)The elected attorney general.
(3) The elected treasurer.
(4) The presiding officer of the Senate.
(5)The presiding officer of the House of Representatives.
Present law provides for the submission of reports by the governor and lieutenant governor
relative to the adoption, amendment, or repeal of any rule or the adoption, increasing, or
decreasing of any fee to the speaker of the House of Representatives and the president of the
Senate, except that executive orders duly issued by the governor and attested to by the
secretary of state are exempt from the provisions of present law. Present law further
provides that the speaker of the House of Representatives and the president of the Senate
will promptly forward the report to the appropriate standing committee of their respective
houses. SB NO. 604
SLS 10RS-162 ORIGINAL
Page 7 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides that the Louisiana Serve Commission is hereby established in the
executive branch of state government in the office of the lieutenant governor. Present law
provides for membership of the commission. Present law further provides that successor
members of the commission are to be appointed by the governor, in collaboration with the
lieutenant governor, on a bipartisan basis for three-year terms, subject to confirmation by the
Senate. Present law further provides that the lieutenant governor is an ex officio nonvoting
member of the commission. Present law further provides that a vacancy among the members
is to be filled by the governor, in collaboration with the lieutenant governor to serve the
remainder of the term, subject to confirmation by the Senate. Present law provides that the
commission is to provide the governor, lieutenant governor, and the legislature with an
annual report that describes its activities during the previous year, by December 31
st
.
Present law provides that the Louisiana Council on the Social Status of Black Men and Boys
is established in the executive branch of state government in the office of the lieutenant
governor. Present law provides for the membership of the council and provides that the
lieutenant governor or his designee is a member. Present law provides that the lieutenant
governor appoints five members as provided for in present law, and is to appoint one
member from the list of nominees submitted by the president of each academic institution
set forth in present law. Present law provides that the lieutenant governor is to appoint the
chairman of the council. Present law provides that the lieutenant governor is to provide staff
and administrative support to the council. Present law provides that the council is to issue
its first annual report by February 1, 2009, and by January 1
st
each following year, stating
the findings, conclusions, and recommendations of the council, such report to be submitted
to the governor,lieutenant governor, the president of the Senate, the speaker of the House of
Representatives, and the chairmen of the committees with appropriate jurisdiction in the
House and Senate.
Proposed law transfers all powers, duties, and obligations of the lieutenant governor and
relative to the lieutenant governor to the secretary of state.
Present law provides that the lieutenant governor is entitled to reimbursement of his actual
expenses for all travel out of state in connection with his official duties and is entitled to be
reimbursed for actual expenses incurred within the state of Louisiana, including but not
limited to travel and lodging expenses and for attendance at meetings, conferences, and
appearances in connection with his official duties.
Proposed law deletes this provision of present law.
Proposed law provides that proposed law becomes effective only if the proposed
constitutional amendment that originated as Senate Bill 95 of the 2010 Regular Session of
the Legislature is approved by the electorate.
Effective January 1, 2011.
(Amends R.S. 49:121(E), 201.1, 206, 968(B)(21)(a), 1112(A), (B)(2)(b) and (k), and (D),
1115(A)(15), 1212(A), (B)(8), (C), (E), and (K), and 1213(B); repeals R.S. 49:202.1)