RDCSB462 362 4965
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)]
SB 462 Reengrossed 2024 Regular Session Hodges
Present law provides that all public officers who are appointed by the governor shall serve
at the pleasure of the governor except for public officers appointed upon recommendation
or from lists submitted by others where the law requires appointments to be so made, officers
whose terms of office are fixed by the constitution, and those officers who are required by
the constitution to be appointed with the advice and consent of the Senate. Proposed law
retains present law.
Proposed law provides that notwithstanding any provision of present law to the contrary, the
governor may appoint the chairman or presiding member of each board and commission
provided that the majority of the membership of the board or commission is gubernatorially
appointed and the appointment is not otherwise prohibited by present constitution. Proposed
law requires any appointment of a chairman or presiding officer by the governor pursuant
to proposed law shall be from the membership of the board or commission.
Proposed law provides that any gubernatorial appointment made pursuant to proposed law
and confirmed by the Senate serves at the pleasure of the governor in the position to which
appointed. Authorizes a board or commission to select its chairman or presiding member
in the manner otherwise provided by law or in its rules, regulations, or bylaws until the
governor appoints a chairman.
Proposed law exempts boards and commissions that as of May 1, 2024, are chaired by a
statewide elected official from the provisions of proposed law allowing the governor to
appoint the chair or presiding member.
Provides that for terms of office beginning January 8, 2024, any election or appointment
made pursuant to proposed law shall occur not later than August 1, 2024.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S.42:4)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Require the governor to provide notice of his intent to appoint a chairman or
any other officer to the board or commission within 180 days of taking
office.
2. Remove a requirement of the governor to make an appointment no later than
the first day of the first regular session of the legislature during the first year
of his term.
3. Make technical changes.
Senate Floor Amendments to engrossed bill
1. Make technical changes.
2. Provide that officers of any Louisiana public retirement or pension system,
plan, or fund are not subject to serving at the pleasure of the governor.
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3. Provide that the terms of the members of all boards and commissions, except
for higher education boards and boards and commissions provided for in the
state constitution, shall be concurrent with the governor, notwithstanding any
law to the contrary.
4. Provide that the governor may choose to appoint the chairman or presiding
member of boards and commissions to which he appoints the majority of the
members and is not otherwise prohibited from doing so by the state
constitution.
5. Require the governor to select a member of a board or commission to the
position of chairman or presiding officer of that board or commission for
which he chooses to exercise his appointment authority.
6. Provide that the governor is not authorized to appoint any officer of any
board or commission created in Article VIII (Education) of the state
constitution, except as provided by law.
7. Provide that limitations on terms of members and gubernatorial appointment
of a chairman or presiding officer do not apply to post-secondary education
governing boards.
8. Delete provisions providing the governor 180 days to provide notice to board
or commission of his intention to appoint chair.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the reengrossed bill:
1. Remove provision that officers of any La. public retirement or pension system,
plan, or fund are not subject to serving at the pleasure of the governor.
2. Remove provision that the terms of the members of all boards and commissions,
except for higher education boards and boards and commissions provided for in
the constitution, shall be concurrent with the governor, notwithstanding any law
to the contrary.
3. Remove provision exempting post-secondary education boards and providing
that the governor is not authorized to appoint any officer of any board or
commission created in La. Const. Article VIII (Education).
4. Require governor to submit the name of the person being selected as chairman
or presiding member to the senate for confirmation and provide that such person,
if confirmed, serves in the position at the pleasure of the governor.
5. Authorize a board or commission to select its chairman or presiding member in
the manner otherwise provided by law or in its rules, regulations, or bylaws until
the governor appoints a chairman.
6. Exempt boards and commissions that as of May 1, 2024, are chaired by a
statewide elected official from the provisions allowing the governor to appoint
the chair or presiding member.
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