HLS 14RS-973 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 648 BY REPRESENTATIVE NANCY LANDRY (BY REQUEST) PUBLIC MEETINGS: Provides relative to committees and subcommittees of certain public bodies AN ACT1 To enact R.S. 42:14.1, relative to public bodies; to provide for the composition of2 committees and subcommittees of certain public bodies; to provide relative to the3 powers, duties, and authority of members of such committees and subcommittees;4 to provide relative to establishing a quorum for such committees and subcommittees;5 to provide relative to certain groups that advise certain public bodies; and to provide6 for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 42:14.1 is hereby enacted to read as follows: 9 ยง14.1. Committees and subcommittees of elected public bodies10 A. For purposes of this Section, "elected public body" means a public body11 as defined in R.S. 42:13(A)(3) that is composed entirely of constituent members12 directly elected by the public, excluding the governing authority of any local13 governmental subdivision which operates under a home rule charter.14 B. If an elected public body establishes a committee or subcommittee of the15 body, the committee or subcommittee shall include at least three constituent16 members of the body, one of whom shall serve as presiding officer. The presence17 of a majority of these members shall be required to constitute a quorum for action.18 C. A person who is not a constituent member of the elected public body may19 serve on a committee or subcommittee of the body in an advisory capacity and may20 HLS 14RS-973 ORIGINAL HB NO. 648 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. argue for or against a proposal, but his presence shall not be counted toward1 establishing a quorum nor shall he have the authority to make a motion, to vote, or2 to determine how a vote is taken on a matter in a meeting of the committee or3 subcommittee or in a meeting of the full body.4 D. The provisions of Subsections B and C of this Section shall not apply to5 a group of persons who are not constituent members of the elected public body and6 who are selected by the body to investigate a matter and issue a report of its findings,7 except that no person in the group shall have the authority to make a motion, to vote,8 or to determine how a vote is taken on a matter in a meeting of the elected public9 body or in a meeting of one of its committees or subcommittees.10 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)] Nancy Landry HB No. 648 Abstract: Requires that at least three constituent members serve on committees and subcommittees created by certain public bodies and provides for establishing a quorum of such committees and subcommittees and for the powers, duties, and authority of nonconstituent members of such committees and subcommittees. Present law (Open Meetings Law) provides that every meeting of any public body shall be open to the public unless closed pursuant to present law. Defines "public body" to include village, town, and city governing authorities; parish governing authorities; school boards and boards of levee and port commissioners; boards of publicly operated utilities; planning, zoning, and airport commissions; and any other state, parish, municipal, or special district boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies. Present law provides that each public body shall be prohibited from utilizing any manner of proxy voting procedure, secret balloting, or any other means to circumvent the intent of present law. Provides that all votes made by members of a public body shall be viva voce and shall be recorded in the minutes, journal, or other official, written proceedings of the body, which shall be a public document. Provides procedures and requirements for notice and public comment. Proposed law retains present law and additionally provides that if an elected public body establishes a committee or subcommittee of the body, the committee or subcommittee shall include at least three constituent members of the body, one of whom shall serve as presiding officer. Requires the presence of a majority of these members to constitute a quorum for action. Proposed law provides that a person who is not a constituent member of the elected public body may serve on a committee or subcommittee of the body in an advisory capacity and HLS 14RS-973 ORIGINAL HB NO. 648 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. may argue for or against a proposal, but his presence shall not be counted toward establishing a quorum nor shall he have the authority to make a motion, to vote, or to determine how a vote is taken on a matter in a meeting of the committee or subcommittee or in a meeting of the full body. Proposed law provides that it shall not apply to a group of persons who are not constituent members of the elected public body and who are selected by the body to investigate a matter and issue a report of its findings, except that no person in the group shall have the authority to make a motion, to vote, or to determine how a vote is taken on a matter in a meeting of the elected public body or in a meeting of one of its committees or subcommittees. Proposed law defines "elected public body" as a public body as defined in present law (R.S. 42:13(A)(3)) that is composed entirely of constituent members directly elected by the public, excluding the governing authority of any local governmental subdivision which operates under a home rule charter. (Adds R.S. 42:14.1)