Louisiana 2012 Regular Session

Louisiana House Bill HB83 Latest Draft

Bill / Introduced Version

                            HLS 12RS-28	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 83
BY REPRESENTATIVE RICHARD
PUBLIC OFFLS/EMPS:  Provides relative to an exception to the dual officeholding
provisions applicable to education professionals
AN ACT1
To amend and reenact R.S. 42:66(B), relative to dual officeholding; to provide relative to2
exceptions involving persons employed in an educational capacity; to provide for the3
applicability of an exception relative to certain school teachers; to remove an4
exception applicable to other such persons; to provide for penalties; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 42:66(B) is hereby amended and reenacted to read as follows: 8
ยง66.  Exemptions9
*          *          *10
B. Nothing in this Part shall be construed to prevent a school person11
employed as a classroom teacher or person employed in a professional educational12
capacity in a grade school, or high school, other educational institution, parish or city13
school board from holding at the same time an elective or appointive office.14
*          *          *15 HLS 12RS-28	ORIGINAL
HB NO. 83
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CODING: Words in struck through type are deletions from existing law; words underscored
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)]
Richard	HB No. 83
Abstract: Removes an exception to dual officeholding provisions relative to certain persons
employed in a professional educational capacity and specifies that an exception
relative to school teachers applies to persons employed as classroom teachers.
Present law regulates dual officeholding and dual employment in order to prevent conflicts
of interest and to promote and maintain citizen trust in government. Prohibits a person from
holding certain offices and employment at the same time.
Present law prohibits a person holding office or employment in one branch of state
government from at the same time holding another office or employment in any other branch
of state government.
Present law prohibits a person who holds an elective office in state government from at the
same time holding another elective office, a full-time appointive office, or employment in
state government or in the government of a political subdivision.
Present law prohibits a person holding an elective office in a political subdivision from at
the same time holding another elective office or full-time appointive office in state
government or in the government of a political subdivision.  Provides that no such person
shall hold at the same time employment in state government, or in the same political
subdivision in which he holds an elective office. Provides further that no sheriff, assessor,
or clerk of court shall hold any office or employment under a parish governing authority or
school board, nor shall any member of any parish governing authority or school board hold
any office or employment with any sheriff, assessor, or clerk of court.
Present law prohibits a person holding a full-time appointive office or full-time employment
in state government or a political subdivision from at the same time holding another
full-time appointive office or full-time employment in state government, in the government
of a political subdivision, or in a combination of these.
Present law, in addition to the above prohibitions, provides for certain incompatible offices
and employments based on the authority and duties of each office or employment.
Proposed law retains present law.
Present law provides for an exception to allow a school teacher or person employed in a
professional educational capacity in a grade school, high school, other educational
institution, parish or city school board to hold at the same time an elective or appointive
office.
Proposed law limits the applicability of present law exception to persons employed as
classroom teachers in grade schools or high schools.
(Amends R.S. 42:66(B))