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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)(1)(a) and (2), relative to confirmation by the2
Senate; to provide for notice to certain persons not submitted, confirmed or3
reconfirmed by the Senate; to provide for the time of reconfirmation for persons4
serving a specific term; 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)(1)(a) and (2) are hereby amended and reenacted7
to read as follows:8
ยง14. Senate confirmations9
* * *10
H.(1)(a) In the event a person is not submitted to or is not confirmed by the11
Senate, and the person attempts to remain in office after being advised by the12
Senate, through its president, by certified mail, return receipt requested, of his13
lack of confirmation, and acts in his official capacity, any action taken by a public14
body in which such person participates shall be null and void.15
(b) The Senate, through its president, may bring an action to remove the16
person from office. Notwithstanding any other law to the contrary, the venue for any17 SB NO. 470
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such action shall be East Baton Rouge Parish.1
(2)(a) In the event a person is not reconfirmed by the Senate, pursuant2
to Subsection K of this Section and the person attempts to remain in office after3
being advised by the Senate through its president, by certified mail, return4
receipt requested, of his lack of confirmation and acts in his official capacity,5
any action taken by a public body in which such person participates shall be a6
relative nullity and shall be subject to challenge in district court.7
Notwithstanding any other law to the contrary, the venue for any such action8
shall be East Baton Rouge Parish.9
(b) The Senate, through its president, may bring an action to remove the10
person from office. Notwithstanding any other law to the contrary, the venue11
for any such action shall be East Baton Rouge Parish.12
(3) The Senate, through its president, shall notify any person who was13
not submitted to the Senate, any person who was not confirmed or reconfirmed14
pursuant to Subsection K of this Section, and the office, board, commission,15
committee, or district to which the person was appointed no later than thirty16
days after the Senate considers the confirmation.17
* * *18
K. Notwithstanding any other provision of law, all persons who are appointed19
to a position on a board, commission, committee, or district, which requires Senate20
confirmation, including persons appointed to a partial term shall be subject to21
reconfirmation as follows:22
(1)(a) All The service of each appointees appointed to a term concurrent23
with the appointing official or at the pleasure of the appointing official shall expire24
at the end of the appointing official's term as provided for in Article IV, Section 3 of25
the Constitution of Louisiana or as otherwise provided for by law.26
* * *27
(2)(a) All The service of each appointees appointed to a fixed term shall28
expire at the end of the term to which the appointee was appointed.29 SB NO. 470
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(b) The appointee may continue to serve until the end of the second regular1
session of the Legislature following the beginning of the legislative term at which2
time the position shall become vacant unless the appointee is reappointed to the3
position and has been confirmed by the Senate by the end of the second regular4
legislative session expiration of the term.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
The original instrument was prepared by Yolanda Johnson Dixon. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Ashley Menou.
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 provides that any action taken by persons who are not confirmed and who are
notified that they are not confirmed, and who act in their official capacities is null and void.
Proposed law provides that any action taken by persons who are not reconfirmed and who
are notified that they have not been reconfirmed, and act in their official capacity is a relative
nullity and subject to challenge in district court.
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.
Proposed law provides that the venue for actions brought by the Senate to remove a person
from office shall be East Baton Rouge Parish.
Proposed law provides that the Senate, through its president, shall send notice to any person
not submitted for confirmation, to any person not confirmed or reconfirmed, and to the
appropriate office, board, commission, committee, or district to which the person was SB NO. 470
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appointed no later than thirty days after the Senate considers the confirmation.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 24:14 (H) and (K)(1)(a) and (2))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Changes the time allowed to mail certified notices to thirty days.
2. Provides that any action taken by persons who are not confirmed, notified
that they are not confirmed, and who act in their official capacities is null and
void.
3. Provides that any action taken by persons who are not reconfirmed, notified
that they have not been reconfirmed, and act in their official capacity is a
relative nullity and subject to challenge in district court. Provides that the
appropriate venue to remove a person shall be East Baton Rouge Parish.
4. Provides that the Senate, through its president, shall send notice to any
person not submitted for confirmation, to any person not confirmed or
reconfirmed, and to the appropriate office, board, commission, committee,
or district to which the person was appointed no later than thirty days after
the Senate considers the confirmation.