Louisiana 2014 Regular Session

Louisiana House Bill HB614 Latest Draft

Bill / Chaptered Version

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ACT No. 628
Regular Session, 2014
HOUSE BILL NO. 614
BY REPRESENTATIVE ABRAMSON
AN ACT1
To amend and reenact R.S. 42:17(A)(1), 19(A)(1)(b)(i) and (ii)(aa) and (2)(a), and 20(B),2
relative to the Open Meetings Law; to clarify that certain time periods are exclusive3
of legal holidays; to require the posting of minutes on the website of a public body4
under specified circumstances; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 42:17(A)(1), 19(A)(1)(b)(i) and (ii)(aa) and (2)(a), and 20(B) are7
hereby amended and reenacted to read as follows: 8
§17.  Exceptions to open meetings9
A. A public body may hold an executive session pursuant to R.S. 42:16 for10
one or more of the following reasons:11
(1) Discussion of the character, professional competence, or physical or12
mental health of a person, provided that such person is notified in writing at least13
twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, before the14
scheduled time contained in the notice of the meeting at which such executive15
session is to take place and that such person may require that such discussion be held16
at an open meeting. However, nothing in this Paragraph shall permit an executive17
session for discussion of the appointment of a person to a public body or, except as18
provided in R.S. 39:1593(C)(2)(c), for discussing the award of a public contract. In19
cases of extraordinary emergency, written notice to such person shall not be20
required; however, the public body shall give such notice as it deems appropriate and21
circumstances permit.22
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§19.  Notice of meetings1
A.(1)2
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(b)(i) All public bodies, except the legislature and its committees and4
subcommittees, shall give written public notice of any regular, special, or5
rescheduled meeting no later than twenty-four hours, exclusive of Saturdays,6
Sundays, and legal holidays, before the meeting.7
(ii)(aa) Such notice shall include the agenda, date, time, and place of the8
meeting. The agenda shall not be changed less than twenty-four hours	, exclusive of9
Saturdays, Sundays, and legal holidays, prior to the scheduled time of the meeting.10
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(2) Written public notice given by all public bodies, except the legislature12
and its committees and subcommittees, shall include, but need not be limited to:13
(a) Posting a copy of the notice at the principal office of the public body14
holding the meeting, or if no such office exists, at the building in which the meeting15
is to be held; or by publication of the notice in an official journal of the public body16
no less than twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays,17
before the scheduled time of the meeting. If the public body has a website,18
additionally by providing notice via the Internet on the website of the public body19
for no less than twenty-four hours , exclusive of Saturdays, Sundays, and legal20
holidays, immediately preceding the meeting.  The failure to timely post notice via21
the Internet pursuant to this Subparagraph or the inability of the public to access the22
public body's website due to any type of technological failure shall not be a violation23
of the provisions of this Chapter.24
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§20.  Written minutes26
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B.(1) The minutes shall be public records and shall be available within a28
reasonable time after the meeting, except where such disclosures would be29 ENROLLEDHB NO. 614
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inconsistent with R.S. 42:16, 17, and 18, or rules adopted under the provisions of1
R.S. 42:21.2
(2) If the public body has a website, the public body shall post on its website3
a copy of the minutes made available pursuant to Paragraph (1) of this Subsection4
and shall maintain the copy of those minutes on the website for at least three months5
after the posting.  If the public body is required to publish its minutes in an official6
journal, the public body shall post its minutes on its website as required by this7
Paragraph within ten days after publication in the official journal. If the public body8
is not required to publish its minutes in an official journal, the public body shall post9
its minutes on its website as required by this Paragraph within a reasonable time after10
the meeting. The inability of the public to access the public body's website due to11
any type of technological failure shall not be a violation of the provisions of this12
Chapter.13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: