DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1149 Reengrossed 2016 Regular Session Leger
Abstract: Changes the nominating and appointment process for the boards of commissioners for
the Southeast Louisiana Flood Protection Authority-East and Southeast Louisiana Flood
Protection Authority-West Bank and provides relative to the powers and duties of such
authorities.
Present law provides a process by which the board of commissioners of the Southeast Louisiana
Flood Protection Authority-East and Southeast Louisiana Flood Protection Authority-West Bank are
nominated and appointed.
Proposed law changes present law in that it provides for a process to be followed for a vacancy
which will occur due to the expiration of a term (expected vacancy) and a vacancy which occurs for
any other reason (unexpected vacancy).
Proposed law requires the nomination process for an expected vacancy to begin one year prior to the
occurrence of an expected vacancy.
Proposed law requires the nominating committee for such boards to provide nominations to the
governor for appointments for expected and unexpected vacancies in a certain time frame.
Proposed law requires the governor to make appointments within a certain time frame for expected
and unexpected vacancies and submit such appointments to the Senate for confirmation within 48
hours of making such appointments.
Proposed law requires the governor, in the event that the nominating committee does not provide
nominees to him in a certain amount of time, to make such appointments and submit such
appointments to the Senate for confirmation within 48 hours of making such appointments.
Present law provides that all commissioners appointed, except a commissioner appointed to fill an
unexpired term, shall be appointed as provided in present law for staggered terms of four years and
that no member shall serve more than two consecutive four-year terms.
Proposed law provides that if a person serves two years or more of an unexpired term, such service
will constitute a term.
Proposed law adds that a former board member may be reappointed to the board after sitting out four
years from the completion of his last consecutive term. Present law provides that notwithstanding any other provision of law, all persons who are appointed
to a position on a board, commission, committee, or district, which requires Senate confirmation,
including persons appointed to a partial term shall be subject to reconfirmation as follows:
(1)The service of each appointee appointed to a term concurrent with the appointing official or
at the pleasure of the appointing official expires at the end of the appointing official's term
as provided for in Article IV, ยง3 of the Constitution of Louisiana or as otherwise provided
for by law.
The appointee may continue to serve until the end of the second regular session of the legislature
following the beginning of the legislative term at which time the position will become vacant unless
the appointee is reappointed to the position and has been confirmed by the Senate prior to the end
of the second legislative session.
(2)The service of each appointee appointed to a fixed term shall expire at the end of the term
to which the appointee was appointed.
The appointee may continue to serve until the end of the second regular session of the legislature
following the expiration of the term.
Proposed law provides that notwithstanding present law no person shall serve on the board of
commissioners beyond the expiration of a term unless reappointed to a position on the board by the
process required by proposed law.
Present law provides that a majority of the commissioners of the board shall constitute a quorum to
do business.
Proposed law specifies that a majority of the sitting commissioners of the board shall constitute a
quorum to do business.
Present law provides that a vacancy created by reason of death, resignation, expiration of term,
removal, or any other cause shall be filled in the same manner as the original appointment.
Proposed law provides that a vacancy created by reason of death, resignation, removal, or any other
cause other than the expiration of a term shall be an unexpected vacancy to be filled according to
proposed law pertaining to unexpected vacancies.
Proposed law provides that after Jan. 1, 2018, the authority or any levee district within the territorial
jurisdiction of the authority may divest itself of any drainage or pumping responsibilities that would
otherwise fall to the responsibility of a parish governing authority.
(Amends R.S. 38:330.1(C)(3) and (4), (D)(2), (E), (F)(1), and (H); Adds R.S. 38:330.1(C)(5) and
(D)(3) and 330.2(A)(2)(c))
Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill:
1. Clarify when the nominating committee can meet to determine nominations to send to
the governor for expected and unexpected vacancies on a board of commissioners.
2. Provide that if a person serves two years or more of an unexpired term on a board of
commissioners that such service shall constitute a term.