Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB470 Enrolled / Bill

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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	ENROLLED
SENATE BILL NO. 470
BY SENATOR MARTINY 
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, or is submitted to the Senate for reconfirmation but not reconfirmed by12
the Senate pursuant to Subsection K of this Section, and the person attempts to13
remain in office after being advised by the Senate, through its president, by14
certified mail, return receipt requested, of his lack of confirmation or15
reconfirmation, and acts in his official capacity, any action taken by a public body16
in which such person participates shall be null and void. The Senate, through its17
president, shall notify any person not submitted to the Senate for confirmation18
or not confirmed by the Senate and any person submitted to the Senate for19
reconfirmation but not reconfirmed by the Senate no later than thirty days after20
the Senate considers confirmations.21
(b) The Senate, through its president, may bring an action to remove the22
person from office. Notwithstanding any other law to the contrary, the venue for any23
such action shall be East Baton Rouge Parish.24 SB NO. 470	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2)(a) In the event a person is not submitted to the Senate for1
reconfirmation, pursuant to Subsection K of this Section, and the person2
attempts to remain in office after being advised by his appointing official by3
certified mail, return receipt requested, of his failure to be submitted and to be4
reconfirmed and acts in his official capacity, any action taken by a public body5
in which such person participates shall be a relative nullity and shall be subject6
to challenge in district court.  Notwithstanding any other law to the contrary,7
the venue for any such action shall be East Baton Rouge Parish.8
(b) The  appointing official shall notify any person whom he failed  to9
submit to the Senate for reconfirmation or who was not reconfirmed and the10
office, board, commission, committee, or district to which the person was11
appointed, no later than thirty days after the Senate considers confirmations.12
*          *          *13
K. Notwithstanding any other provision of law, all persons who are appointed14
to a position on a board, commission, committee, or district, which requires Senate15
confirmation, including persons appointed to a partial term shall be subject to16
reconfirmation as follows:17
(1)(a) All The service of each appointees appointed to a term concurrent18
with the appointing official or at the pleasure of the appointing official shall expire19
at the end of the appointing official's term as provided for in Article IV, Section 3 of20
the Constitution of Louisiana or as otherwise provided for by law.21
*          *          *22
(2)(a) All The service of each appointees appointed to a fixed term shall23
expire at the end of the term to which the appointee was appointed.24
(b) The appointee may continue to serve until the end of the second regular25
session of the Legislature following the beginning of the legislative term at which26
time the position shall become vacant unless the appointee is reappointed to the27
position and has been confirmed by the Senate by the end of the second regular28
legislative session expiration of the term.29
Section 2. This Act shall become effective upon signature by the governor or, if not30 SB NO. 470	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: