Martiny (SB 470) Act No. 760
Prior law required confirmation by the Senate of all gubernatorial appointments and certain
appointments to office by other public officials. Provided 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.
Prior law provided 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. Provided 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.
New law provides that any action taken by a person who is not confirmed, who is notified
that he is not confirmed, and who acts in his official capacities is null and void.
New law provides that any action taken by a person who is not reconfirmed, who is notified
that he has not been reconfirmed, and who acts in his official capacity is a relative nullity
and subject to challenge in district court.
New law requires the Senate, through its president, to send notice to any person not
submitted for confirmation or not confirmed by the Senate and to any person submitted for
reconfirmation by the Senate, but not reconfirmed no later than 30 days after the Senate
considers confirmations. New law requires the appointing official to notify any person
whom he failed to submit for reconfirmation or who was not reconfirmed and the office,
board, commission, committee, or district to which the person was appointed no later than
30 days after the Senate considers confirmations.
New law provides that persons who serve for a fixed term shall serve until the end of the
second regular session of the legislature following the expiration of their term.
Prior law provided that the venue for actions brought by the Senate to remove a person from
office shall be East Baton Rouge Parish.
Effective upon signature of governor (June 19, 2014).
(Amends R.S. 24:14 (H) and (K)(1)(a) and (2))