Was Harahan's term limit ordinance valid if adopted before the state authorization took effect?

Plain-English summary

Harahan asked whether its ordinance limiting elected officials to consecutive terms was valid despite its adoption on August 5, 1993. The mayor signed it August 10, when it became law, five days before R.S. 33:383.1 took effect. The AG agreed with the statute's August 15 effective date but said the earlier ordinance was valid. Its reasoning was that the Lawrason Act did not prohibit municipal term limit provisions, so the new authorization was not the only possible basis for the measure.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the later statute retroactively authorize the ordinance?
The opinion did not rely on retroactivity. It said no existing law prohibited the city from adopting the term limit provision when it did.

What date did the AG give for the ordinance's effect?
It said the ordinance became law when the mayor signed it on August 10, 1993, and the term limits became effective that day, before R.S. 33:383.1 took effect.

What did the new statute require for a term limit ordinance?
The quoted statute called for voter approval of an authorized limit at a regular primary or general election. The opinion's answer focused on whether the earlier adoption date itself invalidated Harahan's ordinance.

Background and statutory framework

R.S. 33:383.1 expressly authorized Harahan's board of aldermen to enact and submit a two consecutive term limit. The AG applied the state constitution's default effective date for regular session laws and its prior view that the Lawrason Act did not itself ban local term limits.

Citations and references

• R.S. 33:383.1: Harahan term limit authorization.
• Art.3, Sec. 19, LA. Const.: effective date of laws, as cited in the syllabus.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0158

Original opinion text

September 5, 2000
OPINION 00-158

Honorable Provino Mosca
Mayor, City of Harahan
6437 Jefferson Highway
Harahan, LA 70123

Dear Mayor Mosca:

This office is in receipt of your request for an opinion of the Attorney General in regard to the validity of Harahan Ordinance No. 1046 pertaining to term limits in light of R.S. 33:383.1.

R.S. 33:383.1 provides as follows:

The board of aldermen of the city of Harahan may enact an ordinance limiting the number of terms of office which any elected official of the municipality may serve to two consecutive terms in the same office. Any ordinance herein authorized shall become effective only after the question of such term limitation has been submitted to and approved by a majority of the qualified electors of the city of Harahan who vote on the proposition at a regularly scheduled primary or general election held in accordance with the Louisiana Election Code.

As you indicate Act 304 of 1993 enacting R.S. 33:383.1 was approved by the Governor on June 2, 1993, published in the Official Journal of the State on June 28, 1993 and the Secretary of State has stated that the effective date of statute was August 15, 1993. However, the City of Harahan adopted the ordinance limiting terms on August 5, 1993 which was signed by the Mayor on August 10, 1993. Therefore, Ordinance No. 1046 became law five days before the effective date of the statute which authorized the term limits of elected officials.

You ask under these circumstances whether Ordinance No. 1046 is legal.

"Effective Date of Laws" as set forth in Art. 3, Sec. 19 of the Louisiana Constitution is as follows:

Page 2

Hon. Provino Mosca
OPINION 00-158
Page 2

All laws enacted during a regular session of the legislature shall take effect on August fifteenth of the calendar year in which the regular session is held and all laws enacted during an extraordinary session of the legislature shall take effect on the sixtieth day after final adjournment of the extraordinary session in which they were enacted. All laws shall be published prior thereto in the official journal of the state as provided by law. However, any bill may specify an earlier or later effective date.

Inasmuch as we do not find that the bill specified a date to become effective, the effective date of R.S. 33:383.1 designated by the Secretary of State of August 15 is in accordance with the constitutional provisions.

However, despite the fact that the ordinance was enacted before the Act became effective, we do not find that the ordinance of the City of Harahan limiting terms for its elected official is invalid.

While a municipality is a creature of the state and has no power or authority except as conferred or delegated by the state, this office has observed in Atty. Gen. Op. 97-155 that "the Lawrason Act does not specifically prohibit term limit provisions for public officials". Accordingly, it was concluded that the proposed amendments of term limits for the offices of Mayor and Board of Trustees to the special legislative charter of New Iberia was consistent with the constitution and laws of the United States and of this state, "including the Lawrason Act".

Therefore, we find that the term limits became effective on August 10, 1993 despite the authority granted under R.S. 33:383.1 was not yet effective, having found no prohibition requiring the authority granted under R.S. 33:383.1 to permit such an ordinance.

We hope this sufficiently answers your inquiry.

Sincerely yours,

RICHARD P. IEYOUB
Attorney General

By:________
BARBARA B. RUTLEDGE
Assistant Attorney General
RPI/bbr

Page 3

Hon. Provino Mosca
OPINION 00-158
Page 3

OPINION 00-158

77 - Officers - Local & Municipal, Selection, Qualifications &
Tenure; Vacancies
62-B Legislature - Acts & Bills
R.S. 33:383.1
Art.3, Sec. 19, LA. Const.

An ordinance to limit terms is
not prohibited by the Lawrason
Act, and would be effective
despite the fact it was enacted
before Legislation conferring
such authority to the City.

Hon. Provino Mosca
Mayor, City of Harahan
6437 Jefferson Highway
Harahan, LA 70123

Date Received:
Date Released: September 5, 2000

BARBARA B. RUTLEDGE
Assistant Attorney General