HLS 17RS-489 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 199
BY REPRESENTATIVES STEVE CARTER, DAVIS, AND FOIL
AGED PERSONS/AGING COUNC: Provides relative to the board of directors of the East
Baton Rouge Council on Aging
1 AN ACT
2To enact R.S. 46:1609, relative to the East Baton Rouge Council on Aging; to provide
3 relative to the governing board of the council; to provide for the membership of the
4 board and appointment of board members; to provide for board member terms of
5 office; to provide for applicability of certain laws relating to public bodies; to
6 establish responsibilities of the board with respect to financial records; to provide for
7 adoption of bylaws by the board; and to provide for related matters.
8 Notice of intention to introduce this Act has been published
9 as provided by Article III, Section 13 of the Constitution of
10 Louisiana.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 46:1609 is hereby enacted to read as follows:
13 ยง1609. East Baton Rouge Council on Aging; governing board; appointment, terms,
14 and requirements of members; laws relating to public bodies
15 A. The East Baton Rouge Council on Aging, referred to hereafter in this
16 Section as the "council", shall be governed by a board of directors, referred to
17 hereafter in this Section as the "board". Notwithstanding any provision of this
18 Chapter to the contrary, the board shall be composed of seven members appointed
19 as follows:
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1 (1) One member shall be appointed by the mayor-president of the city of
2 Baton Rouge and parish of East Baton Rouge.
3 (2) One member shall be appointed by the mayor of the city of Zachary.
4 (3) One member shall be appointed by the mayor of the city of Baker.
5 (4) One member shall be appointed by the mayor of the city of Central.
6 (5) One member shall be appointed by the Metropolitan Council of the city
7 of Baton Rouge and the parish of East Baton Rouge.
8 (6) One member shall be appointed by the governing authority of the Baton
9 Rouge Area Foundation.
10 (7) One member shall be appointed by the governing authority of the Baton
11 Rouge Area Chamber.
12 B.(1) Notwithstanding any provision of this Chapter to the contrary, board
13 member terms of office and procedures for filling of vacancies occurring on the
14 board shall be in accordance with the provisions of this Subsection.
15 (2) Each member appointed by a mayor shall serve at the pleasure of the
16 appointing mayor.
17 (3) Each member appointed by the Metropolitan Council of the city of Baton
18 Rouge and the parish of East Baton Rouge, the Baton Rouge Area Foundation, or the
19 Baton Rouge Area Chamber shall serve a term of three years.
20 (4) Any vacancy occurring on the board shall be filled in the same manner
21 as the original appointment was made. A member appointed to fill a vacancy with
22 a term defined in Paragraph (3) of this Subsection shall serve only for the unexpired
23 term of his predecessor.
24 C.(1) Each board member shall be a citizen of the United States, a
25 domiciliary of and a qualified voter in the parish of East Baton Rouge for at least one
26 year preceding the date of appointment, and shall remain a domiciliary of and a
27 qualified voter in such jurisdiction during the entirety of his term of office.
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HB NO. 199
1 (2) Each board member shall be of good character and shall possess some
2 skill, knowledge, or experience that will be useful in accomplishing the goals of the
3 council.
4 D. Each member of the board shall annually complete all of the following:
5 (1)(a) A course of ethics education and training which meets the standards
6 provided in R.S. 42:1170.
7 (b) The ethics education and training required by this Paragraph may be
8 completed either in person or via the internet through training and education
9 materials designed by the Board of Ethics pursuant to the provisions of R.S. 42:1134.
10 (2)(a) A conflict of interest disclosure statement.
11 (b) Each board member shall submit the disclosure statement required by this
12 Paragraph in accordance with the applicable bylaws of the board.
13 E. The board shall be subject to the Public Records Law, R.S. 44:1 et seq.;
14 the Open Meetings Law, R.S. 42:11 et seq.; and the Code of Governmental Ethics,
15 R.S. 42:1101 et seq.
16 F. The board shall cause the financial records of the council to be audited
17 annually, and such records shall be subject to inspection and audit by the legislative
18 auditor.
19 G. The board shall adopt any bylaws and institute any policies as may be
20 necessary to implement the provisions of this Section.
21 Section 2.(A) This Section and Section 1 of this Act shall become effective upon
22signature by the governor or, if not signed by the governor, upon expiration of the time for
23bills to become law without signature by the governor, as provided by Article III, Section
2418 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved
25by the legislature, this Section and Section 1 of this Act shall become effective on the day
26following such approval.
27 (B) The provisions of this Act relative to composition, appointment, and duties of
28the board of directors of the East Baton Rouge Council on Aging shall become enforceable
29thirty days after the effective date of Section 1 of this Act.
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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 199 Original 2017 Regular Session Steve Carter
Abstract: Provides for appointment, terms, and requirements of members of the governing
board of the East Baton Rouge Council on Aging and specifies that certain laws
relating to public bodies are applicable to the council.
Proposed law provides that the East Baton Rouge Council on Aging hereafter, "the council"
shall be governed by a board of directors hereafter, "the board" composed of seven members
appointed as follows:
(1)One member appointed by the mayor-president of the city of Baton Rouge and parish
of East Baton Rouge.
(2)One member appointed by the mayor of the city of Zachary.
(3)One member appointed by the mayor of the city of Baker.
(4)One member appointed by the mayor of the city of Central.
(5)One member appointed by the Metropolitan Council of the city of Baton Rouge and
the parish of East Baton Rouge.
(6)One member appointed by the governing authority of the Baton Rouge Area
Foundation.
(7)One member appointed by the governing authority of the Baton Rouge Area
Chamber.
Proposed law provides that each member appointed by a mayor shall serve at the pleasure
of the appointing mayor; and that each member appointed by the Metropolitan Council of
the city of Baton Rouge and the parish of East Baton Rouge, the Baton Rouge Area
Foundation, or the Baton Rouge Area Chamber shall serve a term of three years.
Proposed law stipulates that any vacancy occurring on the board shall be filled in the same
manner as the original appointment, and that a member appointed to fill a vacancy with a
defined three-year term shall serve only for the unexpired term of his predecessor.
Proposed law requires that each board member be a citizen of the United States and a
domiciliary of and a qualified voter in the parish of East Baton Rouge for at least one year
preceding the date of appointment. Requires further that each member remain a domiciliary
of and a qualified voter in the parish for the entirety of his term of office.
Proposed law requires that each board member be of good character and possess some skill,
knowledge, or experience that will be useful in accomplishing the goals of the council.
Proposed law requires each board member to complete all of the following annually:
(1)A course of ethics education and training which meets standards provided in present
law (R.S. 42:1170).
(2)A conflict of interest disclosure statement.
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HB NO. 199
Proposed law provides that the board shall be subject to the requirements of present law
relative to public records (R.S. 44:1 et seq.), open meetings (R.S. 42:11 et seq.), and
governmental ethics (R.S. 42:1101 et seq.).
Proposed law requires the board to have the financial records of the council audited
annually. Provides further that such records shall be subject to inspection and audit by the
legislative auditor.
Proposed law requires the board to adopt any bylaws and institute any policies as may be
necessary to implement the provisions of proposed law.
Provisions of proposed law relative to composition, appointment, and duties of the board
become enforceable 30 days after the effective date of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 46:1609)
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