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 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)