SLS 14RS-313 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 470
BY SENATOR MARTINY
CONFIRMATION. Provides for time of reconfirmation for persons appointed to certain
boards and commissions. (gov sig)
AN ACT1
To amend and reenact R.S. 24:14(H) and (K)(2), relative to confirmation by the Senate; to2
provide for notice to certain persons not submitted, confirmed or reconfirmed by the3
Senate; to provide for the time of reconfirmation for persons serving a specific term;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 24:14(H) and (K)(2) are hereby amended and reenacted to read as7
follows:8
ยง14. Senate confirmations9
* * *10
H. (1)In the event a person is not submitted to or is not confirmed by the11
Senate or is not reconfirmed by the Senate pursuant to Subsection K of this12
Section, and the person attempts to remain in office after being advised by the13
Senate, through its president, by certified mail, return receipt requested, of his14
lack of confirmation or reconfirmation and acts in his official capacity, any action15
taken by a public body in which such person participates shall be null and void. The16
Senate, through its president, may bring an action to remove the person from office.17 SB NO. 470
SLS 14RS-313 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Notwithstanding any other law to the contrary, the venue for any such action shall1
be East Baton Rouge Parish.2
(2) The Senate, through its president, by certified mail, return receipt3
requested, shall notify the governor and each other appropriate official of each4
appointment confirmed by the Senate and of each person who was not5
submitted to the Senate or not confirmed or reconfirmed, pursuant to6
Subsection K of this Section, no later than ten days after the Senate considers7
the confirmation.8
* * *9
K. Notwithstanding any other provision of law, all persons who are appointed10
to a position on a board, commission, committee, or district, which requires Senate11
confirmation, including persons appointed to a partial term shall be subject to12
reconfirmation as follows:13
* * *14
(2)(a) All appointees appointed to a fixed term shall expire at the end of the15
term to which the appointee was appointed.16
(b) The appointee may continue to serve until the end of the second regular17
session of the Legislature following the beginning of the legislative term at which18
time the position shall become vacant unless the appointee is reappointed to the19
position and has been confirmed by the Senate by the end of the second regular20
legislative session expiration of the term.21
Section 2. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 SB NO. 470
SLS 14RS-313 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Yolanda J. Dixon.
DIGEST
Martiny (SB 470)
Present law requires confirmation by the Senate of all gubernatorial appointments and
appointments to office by a public official other than the governor, when the statute
providing for the appointment requires confirmation by the Senate. Provides that if persons
who are not submitted to the Senate or not confirmed by the Senate attempt to remain in
office and act in an official capacity, any action taken by a public body in which such person
participates shall be null and void.
Present law provides for reconfirmation of persons appointed to a term concurrent with the
appointing official or at the pleasure of the appointing official by the end of the second
regular session of the legislature following the beginning of the legislative term at which
time the position shall become vacant. Provides for reconfirmation of persons appointed to
a fixed term by the end of the second regular session of the legislature following the
beginning of the legislative term.
Proposed law further specifies that any action taken by a public body in which a person who
is not submitted to the Senate or not confirmed or reconfirmed by the Senate participates
after the person has been notified shall be null and void. Requires such notification to be
made by certified mail by the president of the Senate to the appointee and to the appropriate
appointing official within 10 days of the Senate taking action on a confirmation.
Proposed law provides that persons who serve for a stated term shall serve until the end of
the second regular session of the Legislature following the expiration of their term.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 24:14 (H) and (K)(2))