2006 Louisiana Laws - RS 46:1410 — The louisiana committee on private child care; creation; membership

§1410.  The Louisiana Committee on Private Child Care; creation; membership

A.  The Louisiana Committee on Private Child Care, referred to in this Chapter as the "private child care committee", is hereby created within the Department of Social Services.  The committee shall consist of seven members, as follows:

(1)  One person representing private for-profit Class B licensed day care centers.  

(2)  One person representing nonprofit tax-exempt Class B licensed day care centers.  

(3)  One person representing Class B licensed community homes, group homes, and residential homes.  

(4)  One person representing Class B licensed maternity homes.  

(5)  Three persons representing Class B licensed facilities.  

(6)  In addition, the secretary of the Department of Social Services or his designee, the attorney general or his designee, and the superintendent of education or his designee, shall serve as ex officio, nonvoting members of the committee.  

B.  The initial members of the private child care committee shall take office on January 1, 1986, and shall serve until July 1, 1988.  The first full term shall begin July 1, 1988, and every four years thereafter.  

C.(1)  The members of the private child care committee shall be elected by the Class B licensed facilities in the state by mail ballot conducted by the secretary of state.  The election shall be conducted in such a way as to insure the secrecy of the ballot, and each facility shall have one vote.  The election of the initial members of the private child care committee shall be held during November 1985.  The election for the first full term shall be held in February 1988 and every four years thereafter.  The secretary of state shall notify each Class B licensed facility of the dates of the election and provide qualification forms for persons who desire to be candidates in the election.  Each of the seven seats shall be designated, and a candidate shall qualify for a particular seat.  

(2)  A candidate must be a registered voter in the state of Louisiana and affiliated with the type of facility he would represent on the private child care committee.  In order to qualify for any of the three seats representing all Class B facilities, a candidate may be affiliated with either a private for-profit or a nonprofit tax exempt facility.  

(3)  In the election, if a candidate receives a majority of the votes cast for that particular seat, he shall be declared the winner by the secretary of state.  If no candidate receives a majority for one or more of the seats, the secretary of state shall conduct a runoff election between the top two candidates for those seats wherein no candidate received a majority.  In the runoff election, if a candidate receives a majority for a particular seat, he shall be declared the winner by the secretary of state.  In case of a tie, the secretary of state shall invite the candidates to his office and shall determine the winner by the flip of a coin.  The secretary of state shall certify the names of the winners to the governor within two weeks after the election.  Vacancies on the private child care committee shall be filled by mail ballot in the same manner as in election for the original positions.  However, a vacancy created by failure of any candidate to qualify for a given position shall be filled by an appointment by the newly elected board members.  

(4)  No member of the committee shall serve two consecutive terms.

D.  Members shall serve without compensation and without reimbursement of expenses.  

E.  A majority of the members shall constitute a quorum for the transaction of all business.  

F.  The members of the committee shall elect from their membership a chairman and a vice chairman.  

G.  The committee shall meet no later than February 1, 1986.  

Acts 1985, No. 286, §1; Acts 1988, No. 646, §1; Acts 1990, No. 351, §2, eff. July 10, 1990.