Louisiana 2012 Regular Session

Louisiana House Bill HB57 Latest Draft

Bill / Introduced Version

                            HLS 12RS-428	ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 57
BY REPRESENTATIVE LEGER
RETIREMENT/LOCAL:  Provides relative to the Firefighters' Pension and Relief Fund in
the city of New Orleans
AN ACT1
To amend and reenact R.S. 11:3362, relative to the Firefighters' Pension and Relief Fund in2
the city of New Orleans; to provide relative to the board of trustees of the fund; to3
provide for the membership of the board; to provide for election of certain members;4
to provide for the terms of the members; to provide relative to the duties and5
authority of the members; and to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 and Article X, Section8
29(C) of the Constitution of Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1.  R.S. 11:3362 is hereby amended and reenacted to read as follows: 11
ยง3362.  Board of trustees of fund; officers; vacancies12
A. There is hereby created a Board of Trustees for administration of this13
fund.  This board shall be composed of the following members:14
(1)  The superintendent of the fire department;.15
(2)  The director of finance of the city of New Orleans	;.16
(3)  Five members One member elected from the active ranks of the17
department;.18
(4) Three members One member elected from the ranks of retired members19
of the department.20 HLS 12RS-428	ORIGINAL
HB NO. 57
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(5) One member who is domiciled in and an elector of the city of New1
Orleans and who is appointed by the mayor subject to confirmation by the New2
Orleans city council. A vacancy in this position shall be filled in the same manner.3
The terms of the hereinabove named trustees shall be for a period of two4
years, beginning from the date of the election, the second Wednesday in December,5
1969, and ending on the second Wednesday of January, 1972; and thereafter their6
terms shall be for a period of two years with elections held every two years.7
B.(1) The terms of members shall be for a period of two years and shall8
begin on the fourth Wednesday in August.  The first election to the board, as9
hereinabove constituted, shall be held on the second Wednesday of December, 1969,10
and all subsequent elections shall be held on the second Wednesday of December11
and the members so elected shall take office on the second Wednesday in January12
immediately following such election.13
(2) In 2012 and every two years thereafter, the election of the elected14
members to the board shall be held on the fourth Wednesday in August.  Members15
so elected shall take office immediately following such election. Special elections16
may be called by the board as then constituted when vacancies occur on the board17
by death, resignation, or otherwise. Special elections or appointments shall be18
completed within thirty days after a vacancy occurs on the board.  The elections as19
hereinabove described or special elections of the members of the board shall be held20
between the hours of 6:00 A.M. and 8:00 P.M. at the department of fire headquarters21
or such place or places which the board may designate at its regular meeting held22
during the month of November July, immediately preceding the holding of its23
bi-annual biannual election; provided, that all persons entitled to vote at any such24
election shall be notified of the place or places at which the election will be held at25
least ten days prior to the date thereof.  26
C. The board shall elect a president from the membership of the board.  It27
shall also elect a secretary-treasurer who shall be elected solely from the elected28
members of the board. Should a vacancy among the members of the board occur six29 HLS 12RS-428	ORIGINAL
HB NO. 57
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months or more prior to any election, the board shall call a special election to fill1
such vacancy; if no candidate qualifies within fifteen days after vacancy occurs, the2
board shall fill such vacancy by appointment. If a vacancy occurs less than six3
months prior to any election, the board shall fill such vacancy by appointment. Any4
person elected or appointed to fill a vacancy in the membership of the board, as5
hereinabove set forth, shall be elected or appointed by nomination from the group,6
active or retired, which suffered loss of representation on the board by reason of such7
vacancy, but all members of the board shall vote on appointments and all members8
active or retired shall vote on all candidates for election.9
D. Only those members of the board elected or appointed from the active10
ranks of the department shall have the right to vote on any proposal to increase the11
assessment levied against the salary of each member of the fire force, as provided by12
R.S. 11:3363, as of August 1, 1962.13
Section 2. The terms of the members of the board of trustees in office on the14
effective date of this Act shall terminate on the effective date of this Act.15
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)]
Leger	HB No. 57
Abstract: Provides for the composition of the board of trustees of the Firefighters' Pension
and Relief Fund in the city of New Orleans.
Present law provides for a pension and relief fund for firefighters in the city of New Orleans.
Provides for a board of trustees to administer the fund.  Proposed law retains present law.
Present law provides for the membership of the board of trustees. Provides for 10 members
as follows:
(1)The superintendent of the fire department.
(2)The director of finance of the city of New Orleans.
(3)Five members elected from the active ranks of the department.
(4)Three members elected from the ranks of retired members of the department.
Proposed law provides that the board consists of five members instead of 10. Provides that
one member instead of five is elected from the active ranks of the department. Provides that HLS 12RS-428	ORIGINAL
HB NO. 57
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one member instead of three is elected from the ranks of retired members of the department.
Provides that one member who is domiciled in and an elector of the city of New Orleans is
appointed by the mayor subject to confirmation by the New Orleans city council and that a
vacancy in this position is filled in the same manner.
Present law provides that members serve two-year terms which begin on the second
Wednesday in Jan.  Proposed law provides instead that members serve two-year terms which
begin on the fourth Wednesday in Aug.
Present law provides that the election to the board is held on the second Wednesday in Dec.
and that members so elected take office on the second Wednesday in Jan.  Proposed law
provides instead that the election is held on the fourth Wednesday in Aug. and that members
so elected take office immediately following such election.
Present law requires the board to designate the place of the election at its regular meeting
in Nov.  Proposed law requires instead that the designation must be made at the board's
regular meeting in July.
Present law provides that only those members of the board elected or appointed from the
active ranks of the department have the right to vote on any proposal to increase the
assessment levied against the salary of each member of the fire force, as provided by present
law (R.S. 11:3363), as of Aug. 1, 1962.  Proposed law repeals present law.
Proposed law repeals present law provisions concerning the terms and election of the initial
members of the board.
Proposed law provides that the terms of the members of the board in office on the effective
date of proposed law shall terminate on the effective date of proposed law.
(Amends R.S. 11:3362)