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.