HLS 16RS-1323 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 909
BY REPRESENTATIVES ANDERS, PUGH, AND SCHEXNAYDER AND SENATOR
MARTINY
BOARDS/COMMISSIONS: Provides with respect to limitation of terms of members of
boards and commissions
1 AN ACT
2To amend and reenact R.S. 42:2 and R.S. 48:1805(B)(2) and to repeal R.S. 42:3.2, relative
3 to limitations on terms and service of board and commission members; to remove a
4 term and service limitation of general applicability on executive branch board and
5 commission members; to remove certain references thereto; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 42:2 is hereby amended and reenacted to read as follows:
9 §2. Public officer to hold office until successor inducted
10 Every public officer in this state except in case of impeachment, or
11 suspension, or meeting the term limitations set forth in R.S. 42:3.2, shall continue
12 to discharge the duties of his office until his successor is inducted into office.
13 Section 2. R.S. 48:1805(B)(2) is hereby amended and reenacted to read as follows:
14 §1805. Commission; appointment, term, and related matters
15 * * *
16 B.
17 * * *
18 (2) Notwithstanding any provision of R.S. 42:3.2 to the contrary, members
19 Members of the commission shall not serve more than twelve consecutive years
20 beginning with appointments made on or after January 1, 2011.
21 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1323 ENGROSSED
HB NO. 909
1 Section 3. R.S. 42:3.2 is hereby repealed in its entirety.
2 Section 4. This Act shall become effective upon signature by the governor or, if not
3signed by the governor, upon expiration of the time for bills to become law without signature
4by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
5vetoed by the governor and subsequently approved by the legislature, this Act shall become
6effective on the day following such approval.
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 909 Engrossed 2016 Regular Session Anders
Abstract: Removes general term limitation prohibiting a person who has served for more
than two and a half terms in three consecutive terms on an executive branch board
or commission from being elected or appointed to a succeeding term and removes
general limitation prohibiting a person who has served as a member of any executive
branch board for two and a half terms in three consecutive terms or a period of 12
consecutive years from serving on any executive branch board or commission until
at least two years passed from the completion of such service.
Present law (R.S. 42:3.2) provides that no person appointed or elected to a board or
commission within the executive branch of state government who has served for more than
two and one-half terms in three consecutive terms shall be elected or appointed to the
succeeding term, unless another term limit is provided by present law. Provides that no
person appointed to a board or commission within the executive branch of state government
serving at the pleasure of an appointing authority shall serve more than 12 consecutive years.
Present law provides that no person who has served as a member of any one or more boards
or commissions in the executive branch of state government for two and one-half terms in
three consecutive terms combined shall serve as a member of any board or commission in
the executive branch of state government for a period of at least two years after the
completion of such consecutive terms of service. Provides that no person who has served
as a member of any one or more boards or commissions in the executive branch of state
government for 12 consecutive years combined shall serve as a member of any board or
commission in the executive branch of state government for a period of at least two years
after the completion of such 12 consecutive years of service.
Present law provides that it shall not apply to any person serving on a board or commission
within the executive branch of state government on Aug. 15, 2008, except that it shall apply
to any term of service of any such person that begins after Aug. 15, 2008, and it shall apply
to service of any such person at the pleasure of an appointing authority pursuant to an
appointment that is made after Aug. 15, 2008. Present law provides that it shall not prohibit
any person from serving as a member of a board or commission if such membership is by
virtue of another office to which he is elected or appointed.
Proposed law repeals present law (R.S. 42:3.2).
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 909
Present law (R.S. 42:2) provides that every public officer in this state except in case of
impeachment, suspension, or meeting the term limitations set forth in present law (R.S.
42:3.2) shall continue to discharge the duties of his office until his successor is inducted into
office. Proposed law removes the condition relative to meeting the term limitations set forth
in present law (R.S. 42:3.2) and otherwise retains present law (R.S. 42:2).
Present law relative to the Zachary Taylor Parkway District commission provides that
notwithstanding any provision of present law (R.S. 42:3.2) to the contrary, members of the
commission shall not serve more than 12 consecutive years. Proposed law removes the
notwithstanding any provision of present law (R.S. 42:3.2) language and otherwise retains
present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:2 and R.S. 48:1805(B)(2); Repeals R.S. 42:3.2)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.