Louisiana Revised Statutes 38:3087.134 – Board of commissioners; tenure; replacement; compensation
Terms Used In Louisiana Revised Statutes 38:3087.134
- Ex officio: Literally, by virtue of one's office.
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
A. The board of commissioners for the district shall consist of nineteen voting members commissioned by the governor as follows:
(1) One member each from the parishes of Bienville, Claiborne, Jackson, Lincoln, Morehouse, Ouachita, Union, Webster, and Winn, respectively. The governor shall designate the term of office for each member appointed pursuant to this Subparagraph so that, insofar as possible, one-third of the initial members shall serve a one-year term, one-third a two-year term, and one-third a three-year term.
(2) One member, to serve a one-year term, from one of the following parishes: Bossier, Caddo, Caldwell, LaSalle, Natchitoches, Richland, and Sabine. The parish nominating the member shall be on a rotating basis in the order listed herein.
(3) Three members from the nominees of the user groups of wood product industry users, agricultural users, and other industrial users, respectively, in the district commissioned in such manner that the wood products industry, agriculture, and other industries are each represented by one member. The governor shall designate the term of office for each member appointed pursuant to this Paragraph so that one member shall serve a one-year term, one shall serve for a two-year term, and one shall serve a three-year term.
(4) Six members from the nominees of municipalities within the district which have a minimum use of five hundred thousand gallons per day. The governor shall designate the term of office for each member commissioned pursuant to this Paragraph so that one member shall serve a one-year term, one member shall serve a two-year term, and one member shall serve a three-year term.
B. The initial voting members shall be nominated by the appropriate nominating entity or group and presented to the governor on or before September 15, 1999. The members shall be commissioned by the governor on or before October 15, 1999.
C. Commissions pursuant to Paragraphs (A)(1), (3), and (4) of this Section, other than the initial commissions, shall be for three-year terms.
D. Each commission by the governor shall be submitted to the Senate for confirmation.
E. In addition, the following may serve at their pleasure as ex officio nonvoting members of the board and shall not be considered in determining a quorum for the purpose of board meetings:
(1) The secretary of the Department of Environmental Quality or his designee.
(2) The commissioner of agriculture and forestry or his designee.
(3) A representative of the United States Geological Survey.
(4) The secretary of the Department of Wildlife and Fisheries or his designee.
(5) The secretary of the Department of Energy and Natural Resources or his designee.
(6) A representative of the Louisiana Rural Water Association appointed by the association.
(7) A representative of the Louisiana Cattlemen’s Association appointed by the association.
(8) A representative of the Louisiana Farm Bureau Federation appointed by the federation.
(9) Each senator whose senatorial district includes any portion of any parish included within the district or his designee.
(10) Each member of the House of Representatives whose representative district includes any portion of any parish included within the district or his designee.
(11) One or more representatives of industrial users of the groundwater appointed by the board to serve at its pleasure.
(12) The secretary of the Louisiana Department of Health.
(13) One representative from each university located within any portion of the district.
F.(1) Terms of members commissioned pursuant to Subsection A of this Section shall commence for those initially commissioned on October 15, 1999. Terms for commissioners subsequently commissioned shall commence on each October fifteenth thereafter.
(2) Notwithstanding the provisions of La. Rev. Stat. 42:2, a commissioner shall not continue to discharge the duties of his office upon expiration of his term.
G.(1) Sixty days prior to the expiration of the term of any voting member, the board shall notify the appropriate nominating entity or group entitled to make nomination for the member’s successor.
(2) In case a vacancy occurs more than ninety days prior to the end of the member’s term, the governor shall commission a replacement within thirty days of its occurrence to fill the unexpired term, such replacement to be the nominee of the appropriate nominating entity or group.
(3) In case a vacancy occurs ninety or less days prior to the end of the member’s term, the position shall remain vacant for the remainder of the term.
H. Commissioners shall not be compensated for their services, except that the board may, by regulation, provide for the payment of expenses for travel outside the district on official business.
I. A member of a parish governing authority within the district may serve as a commissioner.
Acts 1999, No. 1228, §1; Acts 2006, No. 22, §1; Acts 2012, No. 601, §1, eff. June 7, 2012; Acts 2023, No. 150, §12, eff. Jan. 10, 2024.