Louisiana 2014 2014 Regular Session

Louisiana House Bill HB648 Introduced / Bill

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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
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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
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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)