ENROLLED
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ACT No. 278
Regular Session, 2011
HOUSE BILL NO. 353
BY REPRESENTATIVE ARNOLD AND SENATOR CROWE
AN ACT1
To amend and reenact R.S. 46:1095(B)(1) and (C) and 1097(A), relative to Orleans Parish;2
to provide relative to the Parish Hospital Service District for the parish of Orleans;3
to provide relative to the membership of the governing boards of the two areas of the4
district; to provide relative to the powers and duties of the district and each5
governing board; to provide for effectiveness; and to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 of the Constitution of8
Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 46:1095(B)(1) and (C) and 1097(A) are hereby amended and11
reenacted to read as follows:12
§1095. Board of commissioners; membership; appointment; terms; compensation;13
removal14
* * *15
B. Each commission shall be composed as follows:16
(1)(a) Seven members shall be appointed by the chief executive officer of17
the parish. Each commissioner member shall demonstrate expertise in one or more18
of the following areas: medical litigation, fundraising and philanthropy, accounting,19
business development, indigent care, community relations, government relations,20
women's health, minority health, geriatric medicine, nursing, any other medical field,21
or consumer advocacy.22
(b) Four of the seven members shall be appointed at the discretion of the23
chief executive officer. Of the other three appointments, one member shall be24
appointed by the chief executive officer from each of the following lists of nominees:25 ENROLLEDHB NO. 353
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(i) Three nominees shall be submitted by the member of the governing1
authority of the city of New Orleans whose district encompasses all or the greater2
portion of the area in which the district is located.3
(ii) Three nominees shall be submitted by the member of the Louisiana4
House of Representatives whose district encompasses all or the greater portion of the5
area in which the district is located.6
(iii) Three nominees shall be submitted by the member of the Louisiana7
Senate whose district encompasses all or the greater portion of the area in which the8
district is located.9
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C.(1) Members initially appointed pursuant to Paragraph (B)(1) of this11
Section shall be appointed to staggered initial terms with two appointments for one12
year, two appointments for two years, two appointments for three years, and one13
appointment for four years. At the expiration of their respective terms of office, the14
successors to such appointees shall be appointed to four-year terms.15
(2) The members member serving pursuant to Paragraphs (B)(1) and (2)16
Paragraph (B)(2) of this Section shall serve at the pleasure of the chief executive17
officer of the parish.18
(2) (3) The members serving pursuant to Paragraphs (B)(3) through (7) of19
this Section shall serve during their terms of office.20
(3) (4) Any vacancy in the membership of the commission occurring by21
reason of the expiration of term of office, death, resignation, disqualification, or22
otherwise shall be filled in the same manner as the original appointment within thirty23
days of such vacancy. If the appointing authority fails to fill the vacancy within24
thirty days of such vacancy, the remaining members of the commission shall appoint25
an interim successor to serve on the commission until the position is filled by the26
appointing authority. In addition, an appointment to fill a vacancy that occurs prior27
to the expiration of a term shall be for the remainder of the unexpired term.28
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§1097. Commission; powers, duties, responsibilities, limitations1
A. The commission and district shall have all the general powers, duties,2
functions, and responsibilities of a hospital service district created under Part 1 of3
this Chapter. Each commission created under this Part may construct or acquire a4
new general hospital facility in Orleans Parish or renovate an existing general5
hospital facility in Orleans Parish and provide for the operation of such facility.6
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Section 2. The term of office of all appointed members to the Parish Hospital8
Service District for the parish of Orleans prior to the effective date of this Act shall be9
terminated on the effective date of this Act and such offices shall be declared vacant. New10
appointments shall be made in accordance with the provisions of this Act. 11
Section 3. Notwithstanding Section 2 of this Act, lists of nominees for appointments12
as provided by R.S. 46:1095(B)(1)(b)(ii) and (iii) shall not be submitted to the chief13
executive officer before January 1, 2012. 14
Section 4. Any member appointed to the board of commissioners of the Parish15
Hospital Service District for the parish of Orleans prior to the effective date of this Act shall16
not have any claim, right or privilege to a seat on such board.17
Section 5. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: