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ACT No. 803
Regular Session, 2012
HOUSE BILL NO. 768
BY REPRESENTATIVE TIM BURNS
AN ACT1
To amend and reenact R.S. 4:144(A), R.S. 9:2341(E)(4), R.S. 17:1453(A) and (D), 1831(A)2
and (B), 1851(B), 2503(C)(1), and 3121(B), R.S. 24:973.1(B)(1)(a)(i), R.S.3
25:845(B)(7), R.S. 27:211(A)(1) and (C), R.S. 30:2503(A)(2)(h), R.S. 37:1432(A)4
and 2165(A), R.S. 39:99.5(A) and 99.29(A), and R.S. 40:1236.25(A), relative to5
membership on various boards, commissions, and like entities; to provide with6
respect to the number and locale of members appointed based on congressional7
districts as of January 2013; to adjust or create a membership at large to retain the8
existing number of members on each board or commission; to provide transitional9
provisions; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 4:144(A) is hereby amended and reenacted to read as follows: 12
§144. State Racing Commission; creation; membership; tenure; powers and duties;13
quorum; qualification of members; per diem; expenses and disbursements;14
bond; prohibited interest15
A. There is hereby created within the office of the governor a racing16
commission, to be known as the "Louisiana State Racing Commission". The17
commission shall have the powers and duties specified in this Part and all other18
powers necessary and proper to enable it to execute fully and effectually all of the19
objects, purposes, duties, and policies of this Part. It shall be composed of thirteen20
members, one person from each congressional district, two persons at large, and;21
four persons, consisting of one member domiciled in each of the following parishes:22
Calcasieu, St. Landry, Bossier, and Orleans, all; and the remaining person or persons23 ENROLLEDHB NO. 768
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from the state at large. The members shall be appointed by the governor. Each1
appointment by the governor shall be submitted to the Senate for confirmation. The2
governor shall select one member of the commission to serve as chairman. The3
commission shall select from among its membership a vice chairman and a second4
vice chairman for two-year terms. Each member shall serve at the pleasure of the5
governor. A majority of the members shall constitute a quorum for the transaction6
of any business or the exercise of any power.7
* * *8
Section 2. R.S. 9:2341(E)(4) is hereby amended and reenacted to read as follows:9
§2341. Public trusts authorized; purposes10
* * *11
E.12
* * *13
(4) The governor shall appoint one trustee of the trust seven trustees, one14
from each congressional district in the state and the remaining trustee or trustees15
from the state at large, and the secretary of the Department of Economic16
Development shall be a trustee, serving in an ex officio capacity. The appointed17
trustees shall serve six-year staggered terms; however, of the initial trustees18
appointed after January 13, 1992, three shall serve terms of two years, three shall19
serve terms of four years, and two shall serve terms of six years, all as designated by20
the governor.21
* * *22
Section 3. R.S. 17:1453(A) and (D), 1831(A) and (B), 1851(B), and 3121(B) are23
hereby amended and reenacted to read as follows: 24
§1453. Terms and appointment of members of board25
A. The Board of Supervisors of Louisiana State University and Agricultural26
and Mechanical College is created as a body corporate in accordance with the27
provisions of Article VIII, Section 7 of the Constitution of 1974. The board shall be28
composed of seventeen fifteen members appointed by the governor with the consent29
of the Senate. Two members shall be appointed from each congressional district and30 ENROLLEDHB NO. 768
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one the remaining member or members shall be appointed from the state at large.1
Each member shall serve a term of six years, which shall expire on June 1 of the2
sixth year of the term to which he is appointed, or until his successor is appointed3
and takes office.4
* * *5
D. The successor of any member shall be appointed to serve for the6
remainder of the term of such member. In making such appointment as any vacancy7
occurs, the governor shall comply with the provisions of Subsection A above until8
such time as the board includes two members from each congressional district and9
one member or more members at large. As vacancies occur and as terms expire, the10
governor shall make appointments so as to insure ensure that each congressional11
district is represented by not less than two members who are residents of and are12
domiciled in such district. Thereafter, the successor of each member, with the13
exception of the member or members at large, shall be a citizen and resident of the14
same congressional district as the member replaced.15
* * *16
§1831. Board of Trustees for State Colleges and Universities Supervisors for the17
University of Louisiana System; creation; membership; terms of office;18
vacancies19
A. The Board of Trustees for State Colleges and Universities Supervisors for20
the University of Louisiana System, referred to hereinafter in this part as the board,21
is created as a body corporate.22
B. The board shall be composed of seventeen fifteen members. Sixteen Two23
members from each congressional district shall be appointed by the governor from24
the congressional districts of the state, two to be residents of and appointed from25
each district, and one member or more members shall be appointed by the governor26
from the state at large. All such appointments shall be made with the consent of the27
Senate.28
* * *29 ENROLLEDHB NO. 768
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§1851. Board of Supervisors of Southern University and Agricultural and1
Mechanical College; creation; membership; terms of office; vacancies2
* * *3
B. The board shall be composed of seventeen fifteen members. Sixteen4
members shall be appointed by the governor from the congressional districts of the5
state, two to be residents of and appointed from each district, and one member shall6
to be appointed by the governor, two members from each congressional district and7
the remaining member or members from the state at large. All such appointments8
shall be made with the consent of the Senate.9
* * *10
§3121. Board of Regents; creation; membership; terms of office; vacancies;11
responsibilities12
* * *13
B. The board shall be composed of fifteen members appointed by the14
governor with the consent of the Senate, who are electors of the state. Members15
shall be appointed in such manner that at least one but no more than two shall be16
residents of each congressional district. Two members shall be from each17
congressional district and the remaining member or members from the state at large.18
* * *19
Section 4. R.S. 17:2503(C)(1) is hereby amended and reenacted to read as follows:20
§2503. Louisiana Educational Television Authority; creation; domicile;21
membership; term; vacancies; quorum; staff22
* * *23
C. The power to establish policy to carry out the intent of this Chapter shall24
be vested in the members of the authority, which shall consist of the governor, the25
state superintendent of education, the president of the State Board of Elementary and26
Secondary Education, the chairman of the Board of Friends of Louisiana Public27
Broadcasting, or their designees, and those persons selected as hereinafter provided:28 ENROLLEDHB NO. 768
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(1) One Seven members, one member from each congressional district in the1
state and the remaining member or members from the state at large, shall be2
appointed by the governor, with the advice and consent of the Senate.3
* * *4
Section 5. R.S. 24:973.1(B)(1)(a)(i) is hereby amended and reenacted to read as5
follows: 6
§973.1. Legislative Youth Advisory Council; purpose, membership, duties,7
administration, report, student privacy8
* * *9
B. Membership. (1) The council shall consist of the following youth10
members:11
(a)(i) Members appointed to represent youth within a congressional district.12
Two Fourteen youth members shall be appointed by the Louisiana Commission on13
Civic Education, two appointed from each congressional district and the remaining14
members from the state at large in a manner which reflects the diversity of the state15
to the greatest extent practicable pursuant to an application process as provided in16
Paragraph (2) of this Subsection. Youth members shall possess the qualifications as17
provided in Subsection C of this Section.18
* * *19
Section 6. R.S. 25:845(B)(7) is hereby amended and reenacted to read as follows:20
§845. Louisiana Civil Rights Museum Advisory Board; creation; membership21
* * *22
B. The advisory board shall be initially composed of the following twenty-23
one members:24
* * *25
(7) Seven members, one from each of the state's congressional districts and26
the remaining member or members from the state at large, shall also be appointed by27
the lieutenant governor, subject to confirmation by the Louisiana Senate.28
* * *29 ENROLLEDHB NO. 768
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Section 7. R.S. 27:211(A)(1) and (C) are hereby amended and reenacted to read as1
follows:2
§211. Board of directors; qualifications; terms; removal; chairman; compensation;3
meetings; records; appointment of corporation president; duties; removal;4
open board meetings5
A. The affairs of the corporation shall be supervised by a board of directors6
which shall be composed of and appointed as follows:7
(1) Seven members, one from each congressional district and the remaining8
member or members from the state at large, appointed by the governor and9
confirmed by the Senate as provided in Subsection C of this Section.10
* * *11
C. Members appointed by the governor and confirmed by the Senate shall12
be residents of the state of Louisiana and serve staggered terms of six years. Seven13
members shall be appointed from the seven congressional districts. Of the initial14
appointees, the member from the first congressional district, and one member from15
the parish where the official gaming establishment is located, shall be appointed for16
a term to expire on December 31, 1993; the member from the second congressional17
district, and one member from the parish where the official gaming establishment is18
located, shall be appointed for a term to expire on December 31, 1994; the member19
from the third congressional district shall be appointed for a term to expire on20
December 31, 1995; the member from the fourth congressional district shall be21
appointed for a term to expire on December 31, 1996; the member from the fifth22
congressional district shall be appointed for a term to expire on December 31, 1997;23
and the members from the sixth and seventh congressional districts shall be24
appointed for a term to expire on December 31, 1998. Members appointed by the25
governor and confirmed by the Senate may serve beyond the end of their respective26
terms until their successors have been appointed and qualified. No member shall27
serve more than one consecutive six-year term. Members may be removed by the28
governor for cause, which shall include neglect of duty, malfeasance, misfeasance,29 ENROLLEDHB NO. 768
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or nonfeasance in office. The governor shall appoint the chairman of the board and1
the board shall annually elect a vice chairman from among its voting members.2
* * *3
Section 8. R.S. 30:2503(A)(2)(h) is hereby amended and reenacted to read as4
follows: 5
§2503. Louisiana Environmental Education Commission; creation; membership;6
duties7
A.8
* * *9
(2) The commission shall consist of the secretary of the Department of10
Wildlife and Fisheries or his designee, the state superintendent of education or his11
designee, the secretary of the Department of Environmental Quality or his designee,12
the secretary of the Department of Natural Resources or his designee, the secretary13
of the Department of Health and Hospitals or his designee, the commissioner of the14
Department of Agriculture and Forestry or his designee, the chancellor of the15
Louisiana State University Agricultural Center or his designee, the chancellor of16
Southern University Agricultural and Mechanical College or his designee, and the17
following members appointed by the governor:18
* * *19
(h) One environmental educator Seven environmental educators, one from20
each congressional district and the remaining environmental educator or educators21
from the state at large, to be recommended by the president of the Louisiana22
Environmental Educators Association.23
* * *24
Section 9. R.S. 37:1432(A) and 2165(A) are hereby amended and reenacted to read25
as follows: 26
§1432. Louisiana Real Estate Commission; qualifications; terms of office27
A. The Louisiana Real Estate Commission is hereby created within the office28
of the governor. The commission shall consist of eleven members appointed by the29
governor. One member shall be appointed from each of the seven supreme court30 ENROLLEDHB NO. 768
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districts. Two members shall be appointed at large. Two members shall be1
appointed from the following districts: one appointee from either the Fourth2
Congressional District or the Fifth Congressional District and one appointee from3
either the First, Second, Third, or Sixth, or Seventh Congressional District. Each4
appointment by the governor shall be submitted to the Senate for confirmation.5
* * *6
§2165. Residential Building Contractors Subcommittee; membership; terms7
A. There is hereby established within the State Licensing Board for8
Contractors the Residential Building Contractors Subcommittee, consisting of five9
members who shall be residents of the state of Louisiana and who have been actively10
engaged in residential contracting for at least five years prior to appointment by the11
governor. Three members of the subcommittee shall be appointed by the governor12
from a list of not less than ten names submitted by the Louisiana Homebuilders13
Association as certified by its president and secretary. One member of the14
subcommittee shall be appointed to represent congressional districts district one and15
six, one member to represent congressional districts four and five, one member to16
represent congressional district three, one member to represent congressional district17
two, and one member to represent congressional district seven six.18
* * *19
Section 10. R.S. 39:99.5(A) and 99.29(A) are hereby amended and reenacted to read20
as follows: 21
§99.5. Governing board; membership; terms; compensation and expenses; chairman22
and vice chairman; quorum; employees, agents; limitation of liability23
A. The board of the corporation shall exercise all powers, rights, and duties24
conferred by this Subpart or other provisions of law upon the corporation. The board25
shall consist of the governor, the state treasurer, attorney general, president of the26
Senate and speaker of the House of Representatives, or their legislative designees,27
seven members appointed by the governor with one member and eight members28
appointed by the governor, one from each of the seven congressional districts district29
and one additional member appointed from the state and the remaining member or30 ENROLLEDHB NO. 768
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members from the state at large. The members of the board, who shall represent the1
state's diverse population as near as practicable, and who are appointed by the2
governor shall have a background and significant experience in financial3
management and investments. The members of the board appointed by the governor4
shall be subject to Senate confirmation and shall serve at the pleasure of the governor5
for terms of four years each, or until their successors shall have been appointed and6
qualified, as designated by the governor. Any appointment to fill a vacancy on the7
board shall be made for the unexpired term of the member whose death, resignation,8
or removal created such vacancy. Members on the board may be appointed to an9
additional term.10
* * *11
§99.29. Governing board; membership; terms; compensation and expenses;12
chairman and vice chairman; quorum; employees, agents; limitation of13
liability14
A. The board of the corporation shall exercise all powers, rights, and duties15
conferred by this Subpart or other provisions of law upon the corporation. The board16
shall consist of the governor, the state treasurer, attorney general, president of the17
Senate and speaker of the House of Representatives, chairman of the Coastal18
Protection and Restoration Authority, secretary of the Department of Natural19
Resources, secretary of the Department of Transportation and Development, or their20
designees, and seven members appointed by the governor with one member21
appointed from each of the seven congressional districts district and the remaining22
member or members appointed from the state at large. The members of the board23
who are appointed by the governor shall represent the state's diverse population as24
near as practicable, and shall have a background and significant experience in25
financial management and investments. The members of the board appointed by the26
governor shall be subject to Senate confirmation and shall serve at the pleasure of27
the governor for terms of four years each, or until their successors shall have been28
appointed and qualified, as designated by the governor. Any appointment to fill a29
vacancy on the board shall be made for the unexpired term of the member whose30 ENROLLEDHB NO. 768
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death, resignation, or removal created such vacancy. Members on the board may be1
appointed to an additional term.2
* * *3
Section 11. R.S. 40:1236.25(A) is hereby amended and reenacted to read as follows:4
§1236.25. Ambulance service district commission; qualifications, appointment,5
vacancies, removal, and compensation of members6
A. The ambulance service district created pursuant to this Subpart shall be7
governed by the Ambulance Service District Commission, hereafter referred to as the8
"commission". The commission shall be composed of seven members, one member9
from each congressional district and the remaining member or members from the10
state at large, appointed by the governor, subject to confirmation by the Senate, from11
a list of names submitted by the Louisiana Ambulance Alliance. The nomination list12
submitted to the governor shall include at least three nominees from each13
congressional district and at least three nominees for each position to be appointed14
from the state at large. Members of the commission shall be citizens and qualified15
electors of this state. Initially, three members of the commission shall be appointed16
for a two-year term, and the remaining members for four-year terms. Thereafter, all17
members shall be appointed for four years. Any vacancy on the board caused by18
death, resignation, removal, or disability of a member shall be filled for the19
unexpired term by appointment by the governor from the congressional district20
where the vacancy occurred.in the same manner as the original appointment.21
* * *22
Section 12.(A) The provisions of this Act shall not reduce the term of office of any23
appointee of a board or commission who is lawfully holding such position on or before noon,24
January 3, 2013, when his position or the overall membership of the board or commission25
is based upon the number or geographical boundaries of any or all congressional districts.26
(B) Any appointment or reappointment after January 3, 2013, including the naming27
of a successor to serve an unexpired term, shall be in accordance with the number and new28
boundaries of congressional districts established pursuant to Act No. 2 of the 2011 First29
Extraordinary Session of the Legislature. As vacancies occur, the appointing authority shall30 ENROLLEDHB NO. 768
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first make appointments to comply with the congressional district requirements of the1
membership of the respective board or commission, and, thereafter, the appointing authority2
may make appointments for membership, if any, from the state at large. 3
(C) The action of any board or commission in this state whose membership, in whole4
or in part, is required by law to be selected from one or more congressional districts shall not5
be found or held to be unlawful or improper due to the change in the state's congressional6
district boundaries or number of congressional districts that become effective at noon,7
January 3, 2013. 8
(D) For purposes of this Section, "board or commission" includes any statutorily9
created or recognized board, commission, trust, authority, council, committee, or10
subcommittee.11
Section 13. Section 3 of this Act shall take effect and become operative if and when12
the proposed amendment of the Constitution of Louisiana contained in the Act which13
originated as House Bill No. 524 of this 2012 Regular Session of the Legislature is adopted14
at a statewide election and becomes effective.15
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: