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Regular Session, 2012
HOUSE BILL NO. 5
BY REPRESENTATIVE PEARSON
RETIREMENT/BDS - COMMISSIONS: Provides relative to meetings of state and
statewide retirement system boards and committees
AN ACT1
To enact R.S. 11:186, relative to meetings of state and statewide retirement system boards2
and committees; to provide for attendance on behalf of certain ex officio members3
during executive sessions of such boards and committees; to provide requirements;4
to provide restrictions; to provide an effective date; and to provide for related5
matters.6
Notice of intention to introduce this Act has been published7
as provided by Article X, Section 29(C) of the Constitution8
of Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 11:186 is hereby enacted to read as follows: 11
ยง186. Authorization for legislative staff to attend executive sessions12
A. As ex officio members of each state and statewide retirement system13
board, the chairman of the House Committee on Retirement and the chairman of the14
Senate Committee on Retirement may each independently authorize legislative staff15
from his respective chamber to attend executive sessions of any board or committee16
meeting of any state or statewide retirement system.17
B.(1) Authorizations made pursuant to the provisions of this Section shall18
be made in writing, specifically name the legislative staff member or members19
authorized to attend such executive sessions, and be submitted to the director of each20
state or statewide retirement system whose executive sessions staff shall be21
authorized to attend. Such authorizations shall be valid for one calendar year from22 HLS 12RS-156 ENGROSSED
HB NO. 5
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the date of submission unless modified or revoked as provided in Paragraph (2) of1
this Subsection.2
(2) The chairman of the House Committee on Retirement and the chairman3
of the Senate Committee on Retirement may revoke or modify their written4
authorizations at any time by providing written notice to the director of the affected5
system. A revocation shall immediately terminate the authorization made pursuant6
to this Section. A modification shall act as a new written authorization and shall be7
valid for one calendar year from the date submitted to the system.8
C. A legislative staff member authorized to attend meetings pursuant to the9
provisions of this Section shall not be considered a "designee" as provided in R.S.10
11:181 or R.S. 42:1124.2.1 and shall not be allowed to vote.11
D. Each board of a state or statewide retirement system and each committee12
thereof shall allow duly authorized legislative staff to attend its executive sessions.13
Any information or communications received by such staff in an executive session14
shall be subject to the same privileges as if the staff person were a member of the15
board, and the staff member shall maintain the confidentiality of such information16
or communications except to share them with his respective committee chairman.17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Pearson HB No. 5
Abstract: Authorizes certain legislative staff to attend executive sessions of state and
statewide retirement system board and committee meetings.
Present law creates the state and statewide retirement systems and the boards that govern
such systems. Proposed law retains present law. HLS 12RS-156 ENGROSSED
HB NO. 5
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are additions.
Present law (R.S. 24:8) authorizes any member of the legislature to attend any meeting
(including executive sessions) of any state board, commission, agency, or committee.
Proposed law retains present law. Present law further designates the chairman of the House
Committee on Retirement and the chairman of the Senate Committee on Retirement as ex
officio voting members of each state and statewide retirement system board. Proposed law
retains present law.
Present law (R.S. 42:16 and 17) provides that in certain limited circumstances, public bodies
may enter into executive session to discuss certain business outside of the public arena.
Proposed law retains present law.
Proposed law permits the chairmen of the House and Senate committees on retirement, as
legislators and ex officio members of each state and statewide retirement system board, to
authorize legislative staff to attend any executive session of any board or committee meeting
of any state or statewide retirement system.
Proposed law further requires such authorizations to be in writing, to specifically name the
authorized staff, and to be submitted to the directors of each of the boards whose executive
sessions staff will be attending. Provides that such written authorizations are valid for one
calendar year from the date of submission.
Proposed law permits the chairmen of the retirement committees to revoke or modify their
written authorizations at any time. Provides requirements and mechanisms.
Present law (R.S. 11:181) provides that the chairman of each of the legislative committees
on retirement may designate someone to attend the system board meetings in his place.
Under present law (R.S. 42:1124.2.1) any designee of a member of certain boards and
commissions must complete an annual financial disclosure form. Proposed law retains
present law and specifically provides that staff authorized to attend executive sessions
pursuant to proposed law are not designees as contemplated by present law. Proposed law
further provides that such authorized staff shall not be allowed to vote.
Proposed law subjects designated staff to the same privileges with respect to information as
members of the retirement system board (including the attorney-client privilege). Requires
staff to maintain the confidentiality of any information received in executive session except
to share the information with his chairman.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 11:186)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Retirement to the original
bill.
1. Applied same information privileges that exist for board members (including
attorney-client privilege) to any staff designated under proposed law and requires
staff to maintain the confidentiality of information except to communicate it to
his chairman.