HLS 12RS-357 ENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 706
BY REPRESENTATIVE BERTHELOT
MUNICIPAL/LAWRASON ACT: Provides relative to the authority granted to the mayor
pro tempore and other persons to perform the duties of the mayor in his absence
AN ACT1
To amend and reenact R.S. 33:405(A)(3) and (4), relative to the Lawrason Act; to provide2
relative to the board of aldermen of municipalities governed by the Lawrason Act;3
to provide relative to meetings of any such board; to provide relative to the authority4
granted to the mayor pro tempore and other board members to preside at any such5
meeting in the absence of the mayor; to provide relative to the physical or mental6
disability of the mayor; to authorize the mayor pro tempore to perform the duties of7
the mayor during any such disability; to provide limitations on the authority of the8
mayor pro tempore; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 33:405(A)(3) and (4) are hereby amended and reenacted to read as11
follows:12
ยง405. Meetings of board of aldermen; notice; quorum; compensation13
A.14
* * *15
(3)(a) The board of aldermen shall select one of the aldermen to be mayor16
pro tempore, who shall preside at all meetings in the absence of the mayor, have the17
same power, and perform all duties of the mayor in the absence or disability of the18
mayor, except the veto power of the mayor. In the absence of both the mayor and19
the mayor pro tempore, the board may select another alderman to preside temporarily20 HLS 12RS-357 ENGROSSED
HB NO. 706
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and perform the duties of the mayor. The board of aldermen shall select one of its1
members to be mayor pro tempore. If the mayor is unable to attend a meeting of the2
board of aldermen, the mayor pro tempore shall preside at the meeting in the absence3
of the mayor. Any such person shall have all rights and powers granted to the mayor4
with regard to presiding at any such meeting.5
(b) If both the mayor and mayor pro tempore are unable to attend a meeting6
of the board of aldermen, the board of aldermen may select another alderman to7
preside at the meeting in the absence of the mayor and mayor pro tempore. Any8
such person shall have all rights and powers granted to the mayor with regard to9
presiding at any such meeting.10
(4)(a) The mayor shall notify the mayor pro tempore when he shall be absent11
from the municipality. The mayor pro tempore shall notify the alderman who has12
been selected to perform the duties of the mayor when he and the mayor shall both13
be absent from the municipality. If the mayor is unable to carry out the duties of the14
office of the mayor by reason of physical or mental disability, as determined by a15
licensed physician, the mayor pro tempore shall perform all of the duties of the16
mayor for the duration of any such disability.17
(b) The mayor pro tempore shall have no additional authority to perform the18
duties of the mayor except as provided in this Subsection or upon the written consent19
of the mayor.20
* * *21
Section 2. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 HLS 12RS-357 ENGROSSED
HB NO. 706
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are additions.
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)]
Berthelot HB No. 706
Abstract: Relative to the absence or disability of the mayor, provides relative to the
authority granted to the mayor pro tempore or another member of the board of
aldermen to perform the duties of the mayor during any such absence or disability.
Present law provides that the mayor presides at all meetings of the board of aldermen in
municipalities governed by the Lawrason Act and requires the mayor to give the deciding
vote in the case of a tie. Requires the board to hold no less than one regular meeting in each
month on a date and at a place and hour to be fixed by ordinance. Requires the board of
aldermen to select one of its members to be mayor pro tempore and requires him to preside
at all meetings of the board in the absence of the mayor.
Proposed law retains present law.
Present law grants the mayor pro tempore the same power as the mayor and requires him to
perform all duties of the mayor in the absence or disability of the mayor. Provides that the
mayor pro tempore has no veto power. Authorizes the board to select another member to
preside and temporarily perform the duties of the mayor in the absence of both the mayor
and the mayor pro tempore.
Proposed law clarifies provisions of present law. Authorizes the board of aldermen to select
one of its members to preside at a meeting of the board if both the mayor and mayor pro
tempore are unable to attend a meeting of the board. Provides that the mayor pro tempore
or a board member presiding in stead of the mayor pro tempore has all rights and powers
granted to the mayor with regard to presiding at a meeting of the board.
Proposed law authorizes the mayor pro tempore to perform all duties of the mayor if the
mayor is unable to carry out the duties of his office due to physical or mental disability, as
determined by a licensed physician. Provides that the mayor pro tempore has no additional
authority to perform the duties of the mayor except as provided in proposed law or upon the
written consent of the mayor.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:405(A)(3) and (4))