HLS 16RS-543 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 162
BY REPRESENTATIVE EDMONDS
PUBLIC MEETINGS: Prohibits communication among a quorum of the members of a
public body unless such communication is contemporaneously visible or audible to
the public unless the public body is in an executive session authorized by law
1 AN ACT
2To enact R.S. 42:14.1, relative to open meetings; to prohibit certain communication; to
3 provide for penalties; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 42:14.1 is hereby enacted to read as follows:
6 ยง14.1. Prohibited communication
7 No quorum of a public body shall engage in contemporaneous interactive
8 electronic communications regarding a matter over which the public body has
9 supervision, control, jurisdiction, or advisory power, including but not limited to
10 engaging in video and audio conferencing, telephone calls, electronic mail, electronic
11 chat, or instant or text messaging.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-543 ENGROSSED
HB NO. 162
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)]
HB 162 Engrossed 2016 Regular Session Edmonds
Abstract: Prohibits a quorum of a body from engaging in contemporaneous interactive
electronic communications regarding matters over which the body has supervision,
control, jurisdiction, or advisory power.
Present law (R.S. 42:11 et seq.) establishes the "Open Meetings Law" to govern the
performance of public business in La. and specifies that it is essential to the maintenance of
a democratic society that public business be performed in an open and public manner and
that the citizens be advised and aware of the performance of public officials and the
deliberations and decisions that go into the making of public policy. Present law provides
that every meeting of a public body shall be open unless closed pursuant to present law
authorizing executive sessions under limited, prescribed circumstances. Present law further
prohibits each public body from utilizing any manner of proxy voting procedure, secret
balloting, or any other means to circumvent the intent of the Open Meetings Law.
Proposed law further provides that no quorum of a public body shall engage in
contemporaneous interactive electronic communications regarding a matter over which the
public body has supervision, control, jurisdiction, or advisory power, including but not
limited to engaging in video and audio conferencing, telephone calls, electronic mail,
electronic chat, or instant or text messaging.
Present law (R.S. 42:28) provides that any member of a public body who knowingly and
wilfully participates in a meeting conducted in violation of the Open Meetings Law shall be
subject to a civil penalty not to exceed $100 per violation. Specifies that the member is
personally liable for the payment of such penalty and that a suit to collect the penalty must
be instituted within 60 days of the violation. Proposed law retains present law.
(Adds R.S. 42:14.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Change the proposed specific prohibition from prohibiting members of certain
public bodies from engaging in communication with a quorum of the members
of the public body unless such communication is contemporaneously visible or
audible to the public to prohibiting a quorum of a body from engaging in
contemporaneous interactive electronic communications regarding matters over
which the body has supervision, control, jurisdiction, or advisory power.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.