§ 27:11 — Louisiana Gaming Control Board; creation; members; terms; meetings

Louisiana § 27:11

• Jurisdiction: Louisiana
• Title 27: Louisiana Legislature

Text

§11. Louisiana Gaming Control Board; creation; members; terms; meetings
A.(1) The Louisiana Gaming Control Board is hereby created. The board shall
consist of nine members who shall be appointed by the governor and two ex officio
members. In making the appointments, the governor shall appoint at least one member from
each congressional district, and the appointments shall, as nearly as practicable, be made in
a manner that is representative of the population of the state. All appointments are subject
to confirmation by the Senate. Members shall serve staggered terms of six years. No person
shall serve more than two terms whether consecutive or not. No person shall be appointed
to serve on the board who had previously been confirmed by the Senate and served on any
gaming regulatory board or commission in this state prior to the establishment of the
Louisiana Gaming Control Board.
(2) The board shall not be considered a professional or occupational licensing board
for the purposes of Title 37 of the Louisiana Revised Statutes of 1950.
B.(1) Each member of the board shall be a citizen of the United States and a
domiciliary of Louisiana who is registered to vote in Louisiana.
(2) No person holding any elective office, appointive office, or employment in the
government of this state or of any political subdivision thereof and no officer or official of
any political party is eligible for appointment to or membership on the board, except for the
ex officio board members.
(3) Of the nine appointed members:
(a) At least one shall have no less than five years of progressively responsible
administrative experience in public or business administration or possess broad and
demonstrable management skills.
(b) At least one shall have expertise in matters of finance which shall include at a
minimum, possession of either a master's degree in economics, business administration,
public administration, or finance from an accredited business school or a bachelor's degree
in accounting, finance, or administration and a current license as a certified public accountant
issued by this state or another state of the United States, with five years of progressively
responsible experience in general accounting, general finance, or auditing and having a
comprehensive knowledge of the principles and practices of corporate finance.
(c) At least one shall have expertise in investigation and law enforcement which shall
include at a minimum possession of a bachelor's degree from an accredited school and at
least ten years of verifiable training and experience in the fields of investigation and law
enforcement.
(d) At least one shall be a lawyer licensed to practice law in Louisiana with not less
than five consecutive years of experience in the practice of law in Louisiana.
(e) At least one shall have not less than five years of experience as an economic
planner or a community planner, with a bachelor's degree from an accredited school.
(f) Four members shall represent the state at large.
(4) Five members of the board shall be appointed as provided in this Paragraph. The
president of each of the state's public academic institutions of higher education and the
presidents of the following academic institutions shall each submit to the governor a list of
five nominees representing each qualification category enumerated in Subparagraphs (a)
through (e) of Paragraph (3) of this Subsection: Centenary College in Shreveport; Dillard
University in New Orleans; Loyola University in New Orleans; Tulane University in New
Orleans; Xavier University in New Orleans; and Our Lady of Holy Cross College in New
Orleans. The governor shall appoint one member from each category.
(5) Four members of the board, representing the state at large, shall be appointed by
the governor.
(6) Notwithstanding the provisions of Paragraph (4) of this Subsection, should any
college or university president fail to make all or any of the nominations initially required of
him by May 20, 1996, then the governor shall make the appointments from among the
nominations he has received as of that date. Should fewer than two nominations be received
in any category enumerated in Subparagraphs (a) through (e) of Paragraph (3) of this
Subsection, then the governor may make the board appointment without regard to any
nominations for that position, provided that the appointee has the categorical qualifications
for the respective position.
(7) The governor shall appoint the chairman of the board and the board shall
annually elect a vice chairman from among its voting members.
C. Of the initial appointees and as designated by the governor, three members' terms
shall expire on June 30, 2000, two on June 30, 2001, two on June 30, 2002, and two on June
30, 2003.
D. The secretary of the Department of Revenue and the superintendent of the office
of state police shall be ex officio members of the board. They shall not be voting members
nor shall they be counted or be permitted to be counted for purposes of the number of
members necessary to take board action or the number of members necessary to establish a
quorum. In all other respects they shall have all the duties, authority, requirements, and
benefits of any other board member. The term limits provision of Subsection A of this
Section shall not apply to the ex officio board members.
E.(1) When a vacancy on the board occurs among the members appointed pursuant
to the provisions of Paragraph (4) of Subsection B of this Section, each university president
who nominates members pursuant to Subsection B of this Section shall nominate one person
with the qualifications of the member whose seat on the board is vacant. The governor shall
fill the vacancy by appointment from among such nominees. The member appointed to fill
a vacancy shall serve the remainder of the unexpired term. If the vacancy occurs with three
or more years remaining in the term, such service shall be considered as one term for
purposes of the limit on the duration of service.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, should any
college or university president fail to make any nomination required of him by Paragraph (1)
of this Subsection within thirty days after the vacancy occurs, then the governor shall make
the appointment from among the nominations he has received as of such date. Should fewer
than two nominations be received for any vacancy, then the governor may make the board
appointment without regard to any nominations for that position, provided that the appointee
has the categorical qualifications provided in Paragraph (3) of Subsection B of this Section.
(3) If a vacancy occurs among the at-large members appointed pursuant to the
provisions of Paragraph (5) of Subsection B of this Section, then the governor shall appoint
a person to fill the vacancy. The member appointed to fill a vacancy shall serve the
remainder of the unexpired term. If the vacancy occurs with three or more years remaining
in the term, such service shall be considered as one term for purposes of the limit on the
duration of service.
F.(1) The governor may remove any member only for misfeasance, malfeasance, or
nonfeasance in office. The member may be removed only after he has been served with a
copy of the charges against him and if he so requests, a public hearing before the governor
has been held upon the charges. The member is removed five days after the public hearing
required by this Paragraph has been conducted.
(2) The request for a public hearing must be made within ten days after service upon
such member of the charges against him. If a hearing is not requested, a member is removed
effective ten days after service upon the member of a copy of the charges against him. Such
hearing shall be held in accordance with the adjudication provisions of the Administrative
Procedure Act. A record of the proceedings at the public hearing shall be filed with the
secretary of state.
G.(1) All meetings of the board shall be open and subject to the provisions of R.S.
42:11 et seq. A record of all proceedings at regular and special meetings of the board shall
be kept and shall be open to public inspection, except as otherwise provided by this Title or
in R.S. 42:17.
(2) Repealed by Acts 2023, No. 393, §2.

Legislative History

Acts 1996, 1st Ex. Sess., No. 7, §1, eff. May 1, 1996; Acts 1997, No. 85, §1, eff. June 11, 1997; Acts 2022, No. 310, §3, eff. July 1, 2022; Acts 2023, No. 286, §1; Acts 2023, No. 393, §2.