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2023 Regular Session
SENATE BILL NO. 201
BY SENATOR HEWITT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC MEETINGS. Provides for meetings of boards and commissions via electronic
means. (8/1/23)
1 AN ACT
2 To amend and reenact R.S. 42:17.2 and 17.3, to enact R.S. 42:14(E), and to repeal R.S.
3 24:202(G)(2), R.S. 27:11(G)(2), R.S. 42:29, and R.S. 46:123(M), relative to open
4 meetings; to authorize certain public bodies to conduct meetings via electronic
5 means; to provide for public notice and participation requirements; to provide for
6 definitions; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 42:17.2 and 17.3 are hereby amended and reenacted and R.S.
9 42:14(E) is hereby enacted to read as follows:
10 §14. Meetings of public bodies to be open to the public
11 * * *
12 E.(1) Notwithstanding any other provision of this Chapter to the
13 contrary, all statewide bodies and advisory councils as defined in R.S. 42:17.2
14 shall adopt rules, regulations, and procedures to allow the public to participate
15 in in-person meetings via electronic means.
16 (2) All other public bodies shall adopt rules, regulations, and procedures
17 to allow any member of the public with a disability recognized by the Americans
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1 with Disabilities Act to participate in meetings via electronic means.
2 * * *
3 §17.2 Exception for meetings of the pharmacy benefit manager monitoring advisory
4 council certain statewide public bodies and advisory councils
5 A. Notwithstanding Except as provided for in this Section and
6 notwithstanding any other provision of this Chapter to the contrary, the pharmacy
7 benefit manager monitoring advisory council, as provided for in R.S. 40:2869, a
8 statewide public body or advisory council that meets a minimum of six times
9 per year may conduct and its members may attend and participate in a meeting
10 certain meetings via electronic means provided that the Louisiana Board of
11 Pharmacy, the Department of Insurance, and the advisory council and its presiding
12 officer comply with all of the requirements of this Section are met.
13 B. No later than twenty-four hours prior to a meeting conducted pursuant to
14 the provisions of this Section, the Louisiana Board of Pharmacy, the Department of
15 Insurance, and the advisory council shall provide for all of the following:
16 (1) The notice and agenda for the meeting, which shall be posted on the website of
17 the Louisiana Board of Pharmacy and the Department of Insurance, emailed to any
18 member of the public or the news media who requests notice of meetings of the
19 public body, and widely distributed to every known news media outlet that
20 broadcasts or publishes news within the geographic area within the jurisdiction of the
21 public body.
22 (2) Detailed information regarding how members of the public may participate in the
23 meeting and submit comments regarding matters on the agenda, which information
24 shall be posted on the website of the Louisiana Board of Pharmacy and the
25 Department of Insurance, emailed to any member of the public or the news media
26 who requests notice of meetings of the public body, and widely distributed to every
27 known news media outlet that broadcasts or publishes news within the geographic
28 area within the jurisdiction of the public body
29 For purposes of this Section the following terms shall have the following
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1 meanings:
2 (1) "Advisory council" shall mean a subgroup of a statewide body that
3 performs a purely advisory function and does not possess decision-making
4 authority.
5 (2) "Anchor location" shall mean the public location at which the public
6 body normally holds in-person meetings.
7 (3) "Meeting via electronic means" shall mean a meeting occurring via
8 teleconference or video conference.
9 (4) "Statewide body" shall mean a public body whose membership is not
10 wholly appointed by a local governing authority and whose function is beyond
11 a regional scope.
12 (5) "Teleconference" shall mean a method of communication which
13 enables persons in different locations to participate in a meeting and to hear
14 and otherwise communicate with each other.
15 (6) "Video conference" shall mean a method of communication which
16 enables persons in different locations to participate in a meeting and to see,
17 hear, and otherwise communicate with each other.
18 C. No later than twenty-four hours prior to a meeting conducted
19 pursuant to the provisions of this Section, the statewide public body or advisory
20 council shall provide for all of the following:
21 (1) The notice and agenda for the meeting, which shall be posted on the
22 website of the statewide body or advisory council, emailed to any member of the
23 public or the news media who requests notice of meetings of the statewide body
24 or advisory council, and widely distributed to every known news media outlet
25 that broadcasts or publishes news within the geographic area within the
26 jurisdiction of the statewide body or advisory council.
27 (2) Detailed information regarding how members of the public may
28 participate in the meeting and submit comments regarding matters on the
29 agenda, which information shall be posted on the website of the statewide body
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1 or advisory council, emailed to any member of the public or the news media
2 who requests notice of meetings of the statewide body or advisory council, and
3 widely distributed to every known news media outlet that broadcasts or
4 publishes news within the geographic area within the jurisdiction of the
5 statewide body or advisory council.
6 C.D. For each meeting conducted pursuant to this Section, the following
7 requirements shall apply:
8 (1) A physical anchor location for the meeting shall be established from
9 which the meeting shall originate and at which the presiding officer of the
10 meeting shall be present and conduct the meeting. Any member of the statewide
11 body, advisory council, or the public may participate in person at the anchor
12 location.
13 (1)(2) The advisory council statewide body or advisory council shall
14 provide a mechanism to receive public comment electronically both prior to and
15 during the meeting. All public comments received in writing or by email shall be
16 identified and acknowledged during the meeting and maintained as part of the
17 official record.
18 (2)(3) The statewide body or advisory council shall properly identify and
19 acknowledge all public comments during the meeting and shall maintain those
20 comments in its record of the meeting.
21 (3)(4) The presiding officer of the statewide body or advisory council shall
22 ensure both of the following:
23 (a) That each person participating in the meeting is properly identified.
24 (b) That all parts of the meeting, excluding any matter discussed in executive
25 session, are clear and audible to all participants in the meeting including the public.
26 (5) All votes taken in the meeting shall be by roll call vote.
27 (6) The entire meeting, with the exception of a duly called executive
28 session, shall be visible and audible to the public and broadcast over the
29 internet.
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1 (7) The meeting shall be recorded and made available to the public in an
2 online archive located on the website of the statewide public body or advisory
3 council.
4 (8) If a problem occurs that causes the meeting to no longer be visible or
5 audible to the public, the meeting shall be recessed until the problem is resolved.
6 If the problem is not resolved in two hours or less, the meeting shall be
7 adjourned.
8 (9) All meeting materials available to members of the public in
9 attendance at the anchor location shall be made available online in real time as
10 they are introduced.
11 E.(1) The number of meetings held via electronic means authorized by
12 this Section shall be limited to one-third of the annual meetings held by the
13 statewide body or advisory council.
14 (2) Under no circumstances shall the statewide body or advisory council
15 conduct successive meetings by electronic means except during a
16 gubernatorially declared state of disaster or emergency as provided for in R.S.
17 42:17.1.
18 F. A meeting held pursuant to this Section shall not require a quorum to
19 be present at the anchor location of the meeting. All members of the statewide
20 body or advisory council participating at the anchor location or electronically
21 shall be counted for the purpose of establishing a quorum and authorized to
22 vote.
23 D. G. For the purposes of this Section, the following definitions apply The
24 following statewide bodies shall not be permitted to conduct any meetings via
25 electronic means under the provisions of this Section:
26 (1) "Meeting via electronic means" shall mean a meeting occurring via
27 teleconference or video conference The State Board of Elementary and Secondary
28 Education.
29 (2) "Teleconference" shall mean a method of communication which enables
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1 persons in different locations to participate in a meeting and to hear and otherwise
2 communicate with each other The Board of Regents.
3 (3) "Video conference" shall mean a method of communication which
4 enables persons in different locations to participate in a meeting and to see, hear, and
5 otherwise communicate with each other The Board of Ethics.
6 (4) The State Civil Service Commission.
7 (5) Louisiana Citizens Property Insurance Corporation.
8 (6) The Board of Commerce and Industry.
9 (7) The boards of supervisors for the Louisiana State University System,
10 University of Louisiana System, Louisiana Community and Technical Colleges
11 System, and the Southern University System.
12 H. Notwithstanding any provision of this Section to the contrary, the
13 following public bodies whose primary focus is on issues dealing with disabilities
14 may conduct and its members may attend and participate in any meeting via
15 electronic means provided that all of the requirements of this Section are met:
16 (1) The Louisiana Commission for the Deaf.
17 (2) The Louisiana Developmental Disabilities Council.
18 (3) State and regional advisory councils of the Office for Citizens with
19 Developmental Disabilities.
20 I. The policies and practices of statewide public bodies and advisory
21 councils authorized to conduct meetings via electronic means pursuant to the
22 provisions of this Section shall be subject to regular review by the office of the
23 legislative auditor to ensure compliance. Upon completion of its review, the
24 office of the legislative auditor shall issue a report of its findings and offer
25 recommendations for legislation to the Senate Committee on Senate and
26 Governmental Affairs and the House Committee on House and Governmental
27 Affairs.
28 §17.3 Exception for meetings of statewide advisory committees of the Louisiana
29 State Board of Medical Examiners disabled members of public
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1 bodies
2 A. Notwithstanding any other provision of this Chapter to the contrary, an
3 advisory committee of the Louisiana State Board of Medical Examiners which is
4 comprised of members from various locations statewide, and which acts only in an
5 advisory capacity, may conduct and its members may attend and participate in a
6 meeting via electronic means provided that the board and the advisory committee
7 and its presiding officer comply with all of the requirements of this Section a
8 member of any public body as defined in R.S. 42:13 or advisory council with a
9 disability recognized by the Americans with Disabilities Act shall be afforded
10 an opportunity to participate in a meeting via electronic means.
11 B. No later than twenty-four hours prior to a meeting conducted pursuant to
12 the provisions of this Section, the Louisiana State Board of Medical Examiners and
13 the advisory committee shall provide for all of the following: Each public body or
14 advisory council shall adopt rules, regulations, and procedures to allow a
15 member with a disability recognized by the Americans with Disabilities Act to
16 participate in a meeting via electronic means by video conference when feasible
17 and by teleconference at a minimum.
18 (1) The notice and agenda for the meeting, which shall be posted on the
19 website of the Louisiana State Board of Medical Examiners, emailed to any member
20 of the public or the news media who requests notice of meetings of the public body,
21 and widely distributed to every known news media outlet that broadcasts or
22 publishes news within the geographic area within the jurisdiction of the public body.
23 (2) Detailed information regarding how members of the public may
24 participate in the meeting and submit comments regarding matters on the agenda,
25 which information shall be posted on the website of the Louisiana State Board of
26 Medical Examiners, emailed to any member of the public or the news media who
27 requests notice of meetings of the public body, and widely distributed to every
28 known news media outlet that broadcasts or publishes news within the geographic
29 area within the jurisdiction of the public body.
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1 C. For each meeting conducted pursuant to this Section, the following
2 requirements shall apply:
3 (1) The advisory committee shall provide a mechanism to receive public
4 comment electronically both prior to and during the meeting.
5 (2) The advisory committee shall properly identify and acknowledge all
6 public comments during the meeting and shall maintain those comments in its record
7 of the meeting.
8 (3) The presiding officer of the advisory committee shall ensure both of the
9 following:
10 (a) That each person participating in the meeting is properly identified.
11 (b) That all parts of the meeting, excluding any matter discussed in executive
12 session, are clear and audible to all participants in the meeting including the public.
13 D. For the purposes of this Section, the following definitions apply:
14 (1) "Meeting via electronic means" shall mean a meeting occurring via
15 teleconference or video conference.
16 (2) "Teleconference" shall mean a method of communication which enables
17 persons in different locations to participate in a meeting and to hear and otherwise
18 communicate with each other.
19 (3) "Video conference" shall mean a method of communication which
20 enables persons in different locations to participate in a meeting and to see, hear, and
21 otherwise communicate with each other.
22 Section 2. R.S. 24:202(G)(2), R.S. 27:11(G)(2), R.S. 42:29, and R.S. 46:123(M) are
23 hereby repealed in their entirety.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 201 Original 2023 Regular Session Hewitt
Present law authorizes the State Bond Commission, pharmacy benefit manager monitoring
advisory council, statewide advisory committees of the Louisiana State Board of Medical
Examiners, committees and subcommittees of the Law Institute, and the Louisiana Military
Family Assistance Board to conduct periodic meetings via electronic means outside of a
gubernatorially declared state of disaster or emergency provided certain present law
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requirements, including notice and agenda publication and mechanisms for public
participation, are met.
Present law further authorizes the Gaming Control Board to conduct emergency meetings
via video conference as determined to be necessary by the chairman.
Proposed law repeals present law and establishes comprehensive eligibility requirements for
a statewide public body or advisory council to hold a meeting via electronic means.
Proposed law defines "meeting via electronic means" as a meeting occurring via
teleconference or video conference.
Proposed law allows statewide public bodies and advisory councils that meet a minimum of
six times per year to meet via electronic means, provided provisions of proposed law are
met.
Proposed law defines "statewide body" as a public body whose membership is not wholly
appointed by a local governing authority and whose function is beyond a regional scope.
Proposed law defines "advisory council" as a subgroup of a statewide body whose function
is purely advisory and does not possess decision-making authority
Proposed law requires meetings held via electronic means to originate from a physical
anchor location.
Proposed law defines "anchor location" as the public location from which the public body
normally holds in-person meetings.
Proposed law requires all meetings held via electronic means to provide a mechanism for
public comment and remote participation.
Proposed law requires all meeting materials available to members of the public in attendance
at the anchor location to be made available online to members of the public participating
remotely.
Proposed law requires meetings held via electronic means to be clearly visible and audible
to members of the public at all times except for during executive session.
Proposed law requires a meeting held via electronic means to recess if a problem occurs that
causes the meeting to no longer be visible or audible to the public until the problem is
resolved. Further requires the meeting to adjourn if the problem is not resolved in less than
two hours.
Proposed law dictates that an authorized statewide body or advisory council is prohibited
from meeting via electronic means successively and further prohibits the total number of
meetings held via electronic means from exceeding one-third of the public body's total
yearly meetings.
Proposed law specifies that the Board of Elementary and Secondary Education, La. Board
of Ethics, Board of Regents, State Civil Service Commission, La. Citizens Property
Insurance Corp., State Board of Commerce and Industry, and the boards of supervisors for
the state's higher education systems are prohibited from meeting via electronic means.
Proposed law authorizes the La. Commission for the Deaf, La. Developmental Disabilities
Council, and state and regional advisory councils of the Office for Citizens with
Developmental Disabilities to conduct any meeting via electronic means, provided
provisions of proposed law are met.
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Proposed law requires review of the policies and procedures of statewide bodies and
advisory councils who elect to meet via electronic means by the office of the legislative
auditor to ensure compliance and identify problems. Further requires the office of the
legislative auditor to generate and issue a report on the findings along with proposals for
legislation to the Senate and House governmental affairs committees.
Proposed law requires all in-person meetings of statewide public bodies and advisory
councils to provide for remote public participation.
Proposed law requires all public bodies who are generally ineligible to hold meetings via
electronic means to provide for a member of the body and members of the public with a
disability recognized by the Americans with Disabilities Act to participate remotely via
electronic means.
Effective August 1, 2023.
(Amends R.S. 42:17.2 and 17.3; adds R.S. 42:14(E); repeals R.S. 24:202(G), R.S.
27:11(G)(2), R.S. 42:29, and R.S. 46:123(M))
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