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Regular Session, 2014
SENATE BILL NO. 261
BY SENATORS JOHNS AND MORRISH AND REPRESENTATIVES DANAHAY,
FRANKLIN, GEYMANN, GUINN AND KLECKLEY
PORTS/HARBORS/TERMINALS. Provides relative to the Port of Lake Charles.
(8/1/14)(2/3- CA6s43)
AN ACT1
To amend and reenact R.S. 34:202(A), relative to the Lake Charles Harbor and Terminal2
District; to provide relative to the board of commissioners; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 34:202(A) is hereby amended and reenacted to read as follows:6
ยง202. Lake Charles Harbor and Terminal District; ratification; board of7
commissioners; members; officers; agents; and employees8
A.(1) The governing authority of the district shall be a board of9
commissioners which shall be known as the Board of Commissioners of the Lake10
Charles Harbor and Terminal District. The board shall consist of seven members11
who shall be citizens of the United States and qualified voters, and inhabitants of this12
district during their terms of office.13
(2)(a) The governor shall appoint seven commissioners, subject to Senate14
confirmation. Except for initial appointments and terms, which are provided for in15
Subparagraph (b) of this Paragraph, Effective August 1, 2015, commissioners shall16
serve four-year terms staggered terms of four years, which begin on August first17 SB NO. 261
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of the appointment year and expire on July thirty-first in the fourth year1
following the appointment year, and shall be appointed from nominations as2
follows:3
(i)(a) One of the successors to the two members serving initial terms as4
provided in Item (b)(i) of this Paragraph shall be appointed from a list of three5
nominees submitted by the governing authority of Lake Charles and the other from6
a list of three nominees submitted by the governing authority of Calcasieu Parish7
member, designated as Position A, shall be appointed from a list of three8
nominees submitted by the governing authority of the city of Westlake.9
(ii)(b) One of the successors to the two members serving initial terms as10
provided in Item (b)(ii) of this Paragraph member, designated as Position B, shall11
be appointed from a list of three nominees submitted by the governing authority of12
Westlake and the other from a list of three nominees submitted by the governing13
authority of Cameron Parish.14
(iii)(c) Successors to the three members serving initial terms as provided in15
Item (b)(iii) of this Paragraph shall be appointed from a list of nominees submitted16
jointly by the state legislators who represent any part of the district One member,17
designated as Position C, shall be appointed from a list of three nominees18
submitted by the governing authority of the city of Lake Charles.19
(d) One member, designated as Position D, shall be appointed from a list20
of three nominees submitted by the governing authority of Calcasieu Parish.21
(e) Three members, designated as positions E, F, and G, shall be22
appointed from a list of nominees submitted jointly by the state legislators who23
represent any part of the district.24
(b) All seven initial appointments after May 29, 2003 shall be made from a25
list of nominees submitted jointly by the state legislators who represent any part of26
the district. A vacancy in an initial term prior to the expiration of the term shall be27
filled in the same manner as these initial appointments. Initial terms, as determined28
by lot at the first meeting, shall be as follows:29 SB NO. 261
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(i) Two members shall serve two years.1
(ii) Two members shall serve three years.2
(iii) Three members shall serve four years.3
(3) Except as otherwise provided by Paragraph (2) of this Subsection,4
Effective August 1, 2014, any vacancy whether by reason of death, resignation,5
expiration of term, or any other cause in the membership of the board shall be6
filled for the remainder of any unexpired term, in the same manner as the person7
vacating the position was appointed as provided in Paragraph (2) of this8
Subsection. Not later than ten calendar days after the occurrence of a vacancy9
on the board for any cause, the president or other presiding officer of the board10
shall send notice of the vacancy by registered or certified United States mail to11
the appropriate nominating authority. The nominating authority shall submit12
its nominations to the governor no later than sixty calendar days after13
occurrence of the vacancy. If a nominating authority fails to submit14
nominations to the governor within one hundred twenty calendar days after15
occurrence of the vacancy, the governor shall forthwith make an appointment16
to fill the vacancy.17
(4) Nominations from the legislative delegation for positions E, F, and G18
and appointments by the governor from those nominations shall be made so that the19
composition of the board includes at least two members of a racial minority or one20
member of a racial minority and one woman.21
(5) No member shall serve more than two three consecutive terms. After22
having served two three consecutive terms, a commissioner shall not be eligible for23
appointment to the board for a period of eight twelve years after completion of the24
second third term. However, a person who is appointed to fill more than one-25
half of an unexpired term may serve consecutively no more than three terms in26
addition to such partial term.27
(6) Members shall continue to serve until their successors have been28
appointed and take office.29 SB NO. 261
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(7) No member of the board shall hold any office in any political party1
or other political organization, nor shall he hold any public office or2
employment for compensation, existing under or created by the laws of the3
United States or the state of Louisiana, or existing under or created by the4
charter or ordinance of a municipality or subdivision of the state.5
* * *6
Section 2.(A) Notwithstanding any other provision of the law to the contrary, the7
term of members holding positions designated by this Act as A and B on the Lake Charles8
Harbor and Terminal District board of commissioners on the effective date of this Act shall9
be extended and shall expire on August 1, 2015. 10
(B) Notwithstanding any other provision of the law to the contrary, the term of11
members holding positions designated by this Act as E, F, and G on the Lake Charles Harbor12
and Terminal District board of commissioners on the effective date of this Act shall be13
extended and shall expire on August 1, 2016. 14
(C) Notwithstanding any other provision of the law to the contrary, the term of15
members holding positions designated by this Act as C and D on the Lake Charles Harbor16
and Terminal District board of commissioners on the effective date of this Act shall be17
extended and shall expire on August 1, 2017. 18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Johns (SB 261)
Present law provides that the governing authority of the Lake Charles Harbor and Terminal
District is a seven member board of commissioners who are citizens of the United States,
qualified voters, and inhabitants of the district during their four year term of office.
Commissioners are appointed by the governor, subject to Senate confirmation. Except for
initial appointments after May 29, 2003, members are nominated as follows:
(1)One member from a list of three nominees submitted by the governing authority of
Lake Charles.
(2)One member from a list of three nominees submitted by the governing authority of
Calcasieu Parish.
(3)One member from a list of three nominees submitted by the governing authority of
Westlake. SB NO. 261
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(4)One member from a list of three nominees submitted by the governing authority of
Cameron Parish.
(5)Three members from a list of three nominees submitted jointly by state legislators
who represent any part of the district.
Proposed law retains and reorganizes present law for nominees and appointments to the
board and removes provisions for initial appointments and terms.
Proposed law provides for filling a vacancy for any reason, effective August 1, 2014, in the
same manner as the vacant position. Requires the president or other presiding officer of the
board to send notice of the vacancy by registered or certified U. S. mail to the appropriate
nominating authority not later than 10 calendar days after occurrence of the vacancy for any
cause. Requires such nominating authority to submit its nominations to the governor no later
than 60 calendar days after occurrence of the vacancy. Requires the governor to fill the
vacancy if a nominating authority fails to submit nominations 120 calendar days after
occurrence of the vacancy.
Proposed law designates legislative appointments and retains present law which requires
legislative nominations and appointments by the governor from such nominations to be made
so that the board includes at least two members of a racial minority or one member of a
racial minority and one woman.
Present law provides that commissioners are limited to two consecutive terms and are not
eligible for appointment to the board for a period of eight years after completion of the
second term.
Proposed law changes present law to provide that commissioners are limited to three
consecutive terms and are not eligible for appointment to the board for a period of 12 years
after completion of the third term, except that a commissioner who is appointed to fill more
than one-half of an unexpired term may serve three consecutive terms in addition to such
partial term.
Proposed law requires members to serve until their successors have been appointed and take
office.
Proposed law prohibits any member from holding any office in any political party or other
political organization or any public office or employment for compensation existing under
or created by the laws of the U. S. or the state, or existing under or created by the charter or
ordinance of a municipality or subdivision of the state.
Proposed law extends the term of serving commissioners holding positions A and B on the
board until August 1, 2015.
Proposed law extends the term of serving commissioners holding positions E, F, and G on
the board until August 1, 2016.
Proposed law extends the term of serving commissioners holding positions C and D on the
board until August 1, 2017.
Effective August 1, 2014.
(Amends R.S. 34:202(A))