Louisiana 2012 2012 Regular Session

Louisiana House Bill HB706 Chaptered / Bill

                    ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 274
Regular Session, 2012
HOUSE BILL NO. 706
BY REPRESENTATIVE BERTHELOT
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
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(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
and perform the duties of the mayor. The board of aldermen shall select one of its21
members to be mayor pro tempore. If the mayor is unable to attend a meeting of the22
board of aldermen, the mayor pro tempore shall preside at the meeting in the absence23
of the mayor. Any such person shall have all rights and powers granted to the mayor24
with regard to presiding at any such meeting.25 ENROLLEDHB NO. 706
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) If both the mayor and mayor pro tempore are unable to attend a meeting1
of the board of aldermen, the board of aldermen may select another alderman to2
preside at the meeting in the absence of the mayor and mayor pro tempore.  Any3
such person shall have all rights and powers granted to the mayor with regard to4
presiding at any such meeting.5
(4)(a)  The mayor shall notify the mayor pro tempore when he shall be absent6
from the municipality.  The mayor pro tempore shall notify the alderman who has7
been selected to perform the duties of the mayor when he and the mayor shall both8
be absent from the municipality.  If the mayor is unable to carry out the duties of the9
office of the mayor by reason of physical or mental disability, as determined by a10
licensed physician, the mayor pro tempore shall perform all of the duties of the11
mayor for the duration of any such disability.12
(b) The mayor pro tempore shall have no additional authority to perform the13
duties of the mayor except as provided in this Subsection or upon the written consent14
of the mayor.15
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Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: