Terms Used In Louisiana Revised Statutes 40:1841

  • Commission: means the Liquefied Petroleum Gas Commission created by La. See Louisiana Revised Statutes 40:1842
  • Ex officio: Literally, by virtue of one's office.
  • Liquefied petroleum gas dealers: means those persons, firms, or corporations engaged in the storage, sale, or transportation of liquefied petroleum gases over the public highways of this state, in the installation of storage tanks or systems for the use of liquefied petroleum gases, and in the installation of liquefied petroleum gas appliances for the use of liquefied petroleum gases who are required, by this Part and the rules and regulations of the Liquefied Petroleum Gas Commission, to obtain the permit and furnish the insurance required by this Part as a prerequisite to the right to carry on their respective businesses. See Louisiana Revised Statutes 40:1842
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Quorum: The number of legislators that must be present to do business.

A.  The Liquefied Petroleum Gas Commission is hereby created.  It shall have power to sue and be sued and shall be domiciled in the city of Baton Rouge.  The commission shall consist of five members, one of whom shall be the secretary of the Department of Public Safety and Corrections or his designee, who shall serve as an ex officio member; two members shall be appointed by the governor, and two members shall be appointed by the governor from a list of four names selected in the manner hereinafter provided by a majority vote of the liquefied petroleum gas dealers, as that term is hereinafter defined.  In default of such nomination by the liquefied petroleum gas dealers, the governor shall make the appointments.  All appointments by the governor shall be subject to confirmation by the Senate.

B.  For the purpose of voting on the selection of the two members of the commission to be appointed by the governor, each liquefied petroleum gas dealer shall be entitled to one vote per permit held, to be cast by the person designated in a duly executed power of attorney from the dealer he represents.  The power of attorney shall be filed with the commission and shall remain effective for such purposes until revoked.  Any natural person may be selected. The Louisiana Liquefied Petroleum Gas Commission shall conduct the selection process.  The selection process shall be held thirty days prior to a new gubernatorial inauguration and every four years thereafter, beginning in the year 2000.

C.(1)  Each of the four members appointed by the governor shall serve a term which shall be concurrent with the term of the governor making the appointment.  Each appointment by the governor shall be submitted to the Senate for confirmation.  The secretary of the Department of Public Safety and Corrections or his designee shall serve for a term corresponding with the term of his official appointment.

(2)  A majority of the membership shall constitute a quorum for the transaction of business.

D.  The commission shall elect its chairman and vice chairman, and the director hereinafter provided for shall be the secretary of the commission.

Acts 1950, No. 63, §1.  Amended by Acts 1975, No. 49, §1; Acts 1978, No. 603, §1; Acts 1980, No. 735, §1, eff. July 29, 1980; Acts 1987, No. 552, §1; Acts 1997, No. 98, §1; Acts 1997, No. 1446, §1; Acts 2003, No. 774, §11.