§578.2. Louisiana Seafood Promotion and Marketing Board; creation and organization

            A.(1)(a) There is hereby created in the Department of Culture, Recreation and Tourism the Louisiana Seafood Promotion and Marketing Board. The agency shall have its domicile in Baton Rouge and shall be governed by a board of trustees composed of eighteen members. Thirteen members shall be appointed by the lieutenant governor from persons engaged in the commercial seafood, crawfish, and alligator industry in Louisiana as provided in Paragraph (2) of this Subsection.

            (b) There shall be five members who shall serve as ex officio nonvoting members as follows:

            (i) The secretary of the Department of Culture, Recreation and Tourism or his designated representative.

            (ii) The secretary of the Department of Wildlife and Fisheries or his designated representative from the department staff.

            (iii) The director of Louisiana Sea Grant or his designated representative from the Sea Grant staff.

            (iv) The commissioner of agriculture or his designated representative from the staff of the Department of Agriculture and Forestry.

            (v) The president of the Louisiana Farm Bureau Federation or his designated representative.

            (2) The appointed members shall be chosen as follows:

            (a) One shall be appointed from a list of three names submitted by members from Louisiana of the American Shrimp Processors Association.

            (b) One shall be appointed from a list of three names submitted by the Louisiana Oyster Dealers and Growers Association.

            (c) One shall be appointed from a list of three names submitted by the Louisiana crawfish industry. The appointment shall rotate between a farmer, a harvester, and a processor.

            (d) One shall be appointed from a list of three names submitted by the Louisiana Oyster Task Force.

            (e) One shall be appointed from a list of three names submitted by the Louisiana Retailers Association and shall be a seafood buyer.

            (3) Of the remaining eight members to be appointed:

            (a) One member shall be appointed from a list of three names submitted by the Louisiana Shrimp Association.

            (b) One member shall represent the commercial saltwater finfish industry. The appointment shall rotate between a harvester and a processor.

            (c) One member shall be appointed from a list of three names submitted by the Louisiana Restaurant Association.

            (d) One member shall be a seafood processor.

            (e) One member shall be appointed from a list of three names submitted by the Crab Task Force.

            (f) One member shall represent the wild catfish industry. The appointment shall rotate between a farmer, a harvester, and a processor.

            (g) One member shall be a marketing specialist.

            (h) One member shall represent the alligator industry. The appointment shall rotate between a farmer, a harvester, and a processor.

            (4) The names of each of the thirteen members appointed by the lieutenant governor shall be submitted to the Senate for confirmation.

            B. At its first regular meeting in the third quarter of each state fiscal year, the board shall elect for a one year term a chairman and vice chairman, who shall also be the chairman-elect, and a secretary-treasurer, whose duties shall be those customarily exercised by such officers or specifically designated by the board. No member shall be elected as an officer until such member has served at least one year on the board. No member elected chairman shall serve consecutive terms and no member may serve as chairman more than two terms. No chairman shall serve as vice chairman in the term following his term as chairman. The board may establish rules and regulations for its own governance and the administration of the affairs of the board. The board may disqualify any appointed member for cause, including excessive absences from board meetings. A vacancy occurring on the board for any reason shall be filled in the same manner as the original appointment was made. However, members appointed to fill the vacancies shall serve only for the unexpired term of their predecessors.

            C. The presence of seven members of the board shall constitute a quorum for the transaction of all business and the carrying out of duties of the board. Each member shall take and subscribe to the oath of office prescribed for state officers. The members of the board shall serve without compensation; however, the members may receive the same reimbursement for travel expenses for attending meetings as is allowed for state employee travel.

            D.(1) The board shall maintain a record of its proceedings, and all matters requiring a vote of the board shall be recorded in the minutes in sufficient detail to determine whether subsequent action thereon is in compliance with the board's directives.

            (2) At the end of each state fiscal year, the board shall submit to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs a report that describes the accomplishments and contributions of the board toward achieving the mission of promoting Louisiana seafood, and shall include in such report the budget of the board for that fiscal year and for the following fiscal year. The annual management and programmatic analysis report submitted to the legislature in accordance with R.S. 36:8 shall satisfy this requirement.

            E. The lieutenant governor may appoint an executive director from a list of nominees submitted by the board. The executive director shall serve at the pleasure of the lieutenant governor and shall receive such salary fixed by the lieutenant governor. The executive director shall serve as the executive and administrative staff of the board and shall discharge all operational, maintenance, administrative, and executive functions of the board, subject to the control, jurisdiction, and supervision of the secretary of the Department of Culture, Recreation and Tourism. The executive director may employ such other personnel for the board as he deems necessary and appropriate, including an assistant director who may be in the unclassified service, subject to approval by the secretary of the Department of Culture, Recreation and Tourism.

            F.(1) The terms of all members serving on the board shall expire at midnight on December 31, 2012. Appointments for terms beginning on January 1, 2013, shall be made as follows:

            (a) The terms of the members appointed pursuant to Subparagraphs (A)(2)(a) and (b), and (A)(3)(b) and (h) of this Section shall be for three years.

            (b) The terms of the members appointed pursuant to Subparagraphs (A)(2)(c), (A)(3)(e),(f), and (g) of this Section shall be for one year.

            (c) The term of the members appointed pursuant to Subparagraphs (A)(2)(d) and (e) and (A)(3)(a), (c), and (d) of this Section shall be for two years.

            (2) At the end of each term set forth in Paragraph (1) of this Subsection, the members appointed thereafter shall serve a term of four years.

            (3) At the first regularly scheduled meeting of the board after January 1, 2013, the board shall adopt rules and bylaws which shall be submitted no later than thirty days after their adoption to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs for approval by the committees. The rules and bylaws shall not go into effect until the committees approve of such rules and bylaws.

            Added by Acts 1981, No. 890, §1. Amended by Acts 1982, No. 378, §1, eff. July 20, 1982; Acts 1986, No. 120, §2; Acts 1989, No. 498, §1; Acts 1992, No. 162, §1; Acts 1999, No. 753, §1; Acts 2008, No. 272, §1; Acts 2009, No. 131, §1; Acts 2012, No. 852, §1; Acts 2013, No. 228, §2, eff. July 1, 2013; Acts 2018, No. 700, §1.