Who holds the twelfth seat on Louisiana's firefighters' retirement board after two conflicting 2024 acts?

Plain-English summary

Two acts from Louisiana's 2024 legislative session each added a different twelfth member to the Firefighters' Retirement System board. Act 537 designated a retiree chosen by retired members and beneficiaries. Act 672 designated a Louisiana Fire Chiefs Association member chosen by association officers. Each act also said the board would have twelve members, making it impossible to add both candidates to what had been an eleven member board.

The Attorney General concluded that the acts could not be harmonized. Under the opinion's rule for irreconcilable amendments adopted in the same session, the Legislature's last action controls. The Legislature last acted on Act 537 on May 28, 2024, and Act 672 on May 31, 2024. The AG therefore treated Act 672 as controlling the disputed seat.

What this means for you

Firefighters' retirement trustees

For the conflicting 2024 acts, the opinion says the board has twelve seats and identifies the twelfth as the Fire Chiefs Association member described in Act 672.

Retired firefighters and fire chiefs

The opinion did not combine the two additions into a thirteen member board. It held that the retiree seat proposed in Act 537 yielded to Act 672's fire chief seat because of the later legislative action.

Common questions

Q: Could the firefighters' retirement board simply add both new trustees?
A: No. Both 2024 acts required a twelve member board, and adding both proposed members to the prior eleven would make thirteen.

Q: Which 2024 act won the conflict?
A: The AG chose Act 672 because the Legislature last acted on it after Act 537 and the competing seat provisions could not be reconciled.

Q: Does the opinion say the later signed bill always controls?
A: No. It compared when the Legislature last acted on each act and applied the later action only after finding the amendments impossible to harmonize.

Background and statutory framework

The opinion invoked Louisiana Civil Code article 8 on implied repeal and a strong presumption that laws should be read together if possible. Because both acts fixed membership at twelve while identifying different people for the one added seat, the AG found an irreconcilable conflict and used the Legislature's last act as the deciding fact.

Citations and references

• Acts 537 and 672 of the 2024 Regular Legislative Session, the conflicting board membership amendments.
• La. C.C. art. 8, discussed on implied repeal.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0106

Original opinion text

STATE OF LOUISIANA
DEPARTMENT OF JUSTICE
OFFICE OF THE ArrORNEY GENERAL
P0. BOx 94005
BATON ROUGE, LA
70804-9005

Liz MURRILL
ATTORNEy GENEIL
September 30, 2024
OPINION 24-0106

62-B - LEGISLATURE —Acts & Bills
Mr. Henry D.H. Olinde
Legal Counsel to the Board of Trustees of the La. C.C art 8 La R S 13

Louisiana Firefighters Retirement System
Answers questions relating to conflicting acts passed
c:7r1n 1 fferson H ig k way
in the same legislative session.
U I JJ

Building 7, Suite B
Baton Rouge, LA 70806

Dear Mr. Olinde: le conflict between
Our office received an opinion request from you regarding a possib Acts 537 and 672 of the 2024 Regular Legislative Session.
Retirement System
Prior to 2024 Regular Legislative Session, the Louisiana Firefighters’ and 672 of the
(FRS) Board of Trustees (Board) had eleven total members. Acts 537 r to the FRS
2024 Regular Legislative Session both purported to add an additional membe
n. However,
Board. If both acts were to be effective, Board membership would total thirtee rs. Thus, there both acts also limit the number of Board members to twelve membe appears to be an apparent conflict between the acts. n conflict
Question: Do Acts 537 and 672 of the 2024 Regular Legislative Sessio with each other, and, if so, which Act prevails? conflict with
Conclusion: Acts 537 and 672 ofthe 2024 Regular Legislative Session tive will, each other and cannot be harmonized. As the latest expression of legisla member
Act No. 672 prevails and the twelfth member ofthe FRS Board should be a of the Louisiana Fire Chiefs Association.
. It amended
Act 537 began as HB 40 and was sponsored by Representative Dodie Horton trustee s on the FRS
La. R.S. 1 1 :2260(A)(2) and (e) to provide that there would be twelve ty vote of the
Board and that the twelfth member would be a retiree, elected by a majori five years. La. R.S. Act 537 retired members and beneficiaries of the system for a term of signature. was signed by the governor on June 10, 2024, and became effective on his on. It also
Act 672 began as HB 13 and was sponsored by Representative Julie Emers s on the amended La. R.S. 11 :2260(A)(2) to provide that there would be twelve trustee that the twelfth
FRS Board; however, it amended R.S. 11 :2260(A)(2)(b) to specify that members member would be a member of the Louisiana Fire Chiefs Association, who are s of the associa tion for of the system and who shall be elected by a majority of the officer

Page 2

OPINION 24-0106
Mr. Henry D.H. Olinde
Page 2

a five-year term. Act 672 was signed by the governor on June 19, 2024, and became effective on August 1 2024.
,

Louisiana Civil Code article 8 provides that a law is repealed by implication when a new law contains provisions that are contrary to, or irreconcilable with, those ofthe former law. However, there is a strong presumption against implied repeal because it is presumed that, when enacting legislation, the legislature envisions the whole body of law and acts with full knowledge of all existing laws on the same subject matter. State v. St. Julian, 221 La. 1018, 1023, 61 So.2d 464, 465 (1952); State v. Piazza, 596 So.2d 817, 819 (La. 1992). As a result, when reasonably possible, legislation should be harmonized so that effect is given to all acts. State v. Piazza, at 820.

When considering possibly conflicting legislation enacted at the same legislative session, the Louisiana Supreme Court stated the following:

[W]hen inconsistent amendments to the same statute have been adopted at the same legislative session, the court should attempt to construe the statute so as to give effect to both amendments consistent with legislative intent. Only when it is impossible to give effect to both amendments should the court allow the time of passage of the acts to be the controlling factor.
Allowing the later actto control effectively recognizes a repeal by implication of the earlier act, and such recognition of a repeal by implication should occur only when the acts passed in the same session are so repugnant that they cannot stand together.

Id.

Acts 537 and 672 were both passed during the 2024 Regular Legislative Session. While both acts attempt to add a member to the FRS Board, both acts also state that the FRS Board “shall consist of twelve members.” Louisiana Revised Statute 1 :3 states that the word “shall” is mandatory. As a result, membership of the FRS Board may not total any number other than twelve. As stated above, if both acts were to be given effect, FRS Board membership would total thirteen. Therefore, Acts 537 and 672 are in conflict with one another.

When two conflicting laws are enacted in the same legislative session, the act that was the latest expression of legislative will is the one that should be given effect. State v. St. Julian, at 1 025; State v. Piazza, at 81 9. See also State in Interest of Wright, 408 So.2d I 123, 1 124-25 (La. App. 1 Cir.1 981); Metals USA Plates & Shapes Southeast, Inc. v. Louisiana Dep’t of Revenue, 2017-699, p. 8 (La. App. 3 Cir. 3/21/18), 240 So.3d 1016, 1022, writ denied, 2018-0635 (La. 8/31/18), 251 So.3d 412; Metals USA Plates & Shapes Southeast, Inc. v. Robinson, 17-421, p. 5 (La. App. 5 Cir. 12/27/18), 263 So.3d 1229, 1232.

Act 537 of the 2024 Regular Legislative Session was last acted on by the legislature on May 28, 2024, when the House of Representatives, by a vote of ninety-three (93) yeas

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OPINION 24-0106
Mr. Henry D.H. Olinde
Page 3

and zero (0) nays, concurred in the amendments adopted by the Senate. Act 672 of the 2024 Regular Legislative Session was last acted on by the legislature on May 31 2024, ,

when the Senate, by a vote of thirty-eight (38) yeas and zero (0) nays, adopted a Conference Committee Report. Therefore, the legislature acted last on Act 672 of the 2024 Regular Legislative Session, making it the latest expression of legislative will. As a result, Act 672 is the act that should be given effect and the twelfth member of the FRS Board should be a member of the Louisiana Fire Chiefs Association.

We trust that this opinion of the Attorney General adequately responds to your inquiry. However, if our office can be of further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTORNEY GENERAL

Assistant
General

LM:OGB