SLS 22RS-370 ORIGINAL 2022 Regular Session SENATE BILL NO. 137 BY SENATOR LUNEAU LEVEES. Provides relative to the board of commissioners for the Red River, Atchafalaya, and Bayou Boeuf Levee District. (gov sig) 1 AN ACT 2 To amend and reenact R.S. 38:291(M)(2) and to enact R.S. 38:291(M)(3) and 292, relative 3 to the board of commissioners for the Red River, Atchafalaya, and Bayou Boeuf 4 Levee District; to provide for the composition of the board; to provide for duties and 5 responsibilities of the board; and to provide for related matters. 6 Notice of intention to introduce this Act has been published. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 38:291(M)(2) is hereby amended and reenacted and R.S. 9 38:291(M)(3) and 292 are hereby enacted to read as follows: 10 §291. Naming; limits of districts; composition of boards 11 * * * 12 M. Red River, Atchafalaya, and Bayou Beouf Boeuf Levee District. 13 * * * 14 (2) Effective August 1, 2022, the The governor shall appoint in accordance 15 with the provisions of R.S. 38:304 one person from each of the parishes embraced 16 by the district to serve as levee commissioners. , subject to Senate confirmation, 17 a board of commissioners consisting of five persons from the district selected as Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 137 SLS 22RS-370 ORIGINAL 1 follows: 2 (a) Two members representing Rapides Parish: 3 (i) One nominated by the members of the legislative delegation 4 representing Rapides Parish. 5 (ii) One nominated jointly by the mayor of the city of Pineville and the 6 mayor of the city of Leesville. 7 (b) Two members nominated by the members of the legislative delegation 8 representing Avoyelles Parish. 9 (c) One member nominated by the members of the legislative delegation 10 representing St. Landry Parish. 11 (3)(a) Effective August 1, 2022, and notwithstanding the provisions of 12 R.S. 38:304(C), the position of president and vice president shall rotate every 13 two years between the commissioners selected from the parishes of Avoyelles 14 and Rapides. 15 (b) In the case of absence, inability, or failure to act of the president 16 within his two-year term as president, the position of president shall be filled by 17 the other member selected from the same parish in order to complete the 18 remainder of that term of the office of the president. 19 * * * 20 §292. Board of commissioners; Red River, Atchafalaya, and Bayou Boeuf Levee 21 District 22 A. The governing authority of the Red River, Atchafalaya, and Bayou 23 Boeuf Levee District shall be a board of commissioners to be known as the 24 Board of Commissioners of the Red River, Atchafalaya, and Bayou Boeuf Levee 25 District. The board shall consist of members selected pursuant to R.S. 26 38:291(M)(2). 27 B.(1) Board members of the Red River, Atchafalaya, and Bayou Boeuf 28 Levee District, shall be governed by the Code of Governmental Ethics. Violation 29 of the code shall be cause for immediate removal from the board. Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 137 SLS 22RS-370 ORIGINAL 1 (2) A board member's failure to act with a fiduciary duty of loyalty and 2 care shall be cause for immediate removal from the board. 3 C. Employees of the district shall not be employees of the board or its 4 members. Individual members of the board shall not direct, instruct, supervise, 5 or manage employees under the direction and supervision of the executive 6 director other than clerical duties of the staff assigned to the individual board 7 member relative to administrative duties consistent with the mission of the 8 district. 9 D. Individual board members, without a vote of the board, shall not 10 interfere in the daily operations or duties of the executive director. This 11 provision shall not apply to actions taken by the board in its entirety by vote at 12 a duly convened meeting. 13 E. No member of the board, nor the board in its entirety, shall use, 14 occupy, obligate, or donate the resources, funds, equipment, or labor of the 15 district for uses inconsistent with the Code of Governmental Ethics or 16 inconsistent with the mission of the district. 17 Section 2. The terms of the commissioners of the Red River, Atchafalaya, and Bayou 18 Boeuf Levee District serving on the effective date of this Act, shall be terminated on 19 August 1, 2022. 20 Section 3. This Act shall become effective upon signature by the governor or, if not 21 signed by the governor, upon expiration of the time for bills to become law without signature 22 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 23 vetoed by the governor and subsequently approved by the legislature, this Section and 24 Section 1 of this Act shall become effective on the day following such approval. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Archana D. Cadge. DIGEST SB 137 Original 2022 Regular Session Luneau Present law provides relative to the board of commissioners for the Red River, Atchafalaya, and Bayou Boeuf Levee District and provides for the governor to appoint a three-member board of commissioners consisting of one member from each parish. Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 137 SLS 22RS-370 ORIGINAL Proposed law requires the governor to appoint a five-member board of commissioners. Proposed law provides for duties and responsibilities related to serving on the board. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 38:291(M)(2); adds R.S. 38:291(M)(3) and 292) Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.