reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1707. Permits; applications; documentation and processing

RS 41:1707 - Permits; applications; documentation and processing
A. Any person or entity desiring to commence operations upon any encroachment as provided in R.S. 41:1706 shall notify the office in writing of his intent to apply for a permit, and the nature thereof. Upon receipt of the applicant's letter, the office shall forward the appropriate application forms to the applicant with a copy of the regulations governing that class permit. The office shall forward a copy of the letter of intent to the local governing authority of the parish or parishes within which the encroachment is planned.
B. Applications shall be completed in triplicate and each copy shall be accompanied by a certified deed of ownership of the lands contiguous to public lands, or if the applicant is not the owner, then a certified copy of the deed or other instrument under which the true owner holds title plus written permission from the owner to carry out the project. If a certified copy of a deed translative of title does not exist, then the office upon good cause shown, may accept some other reasonable evidence of ownership of the adjacent property to be benefited by the encroachment or other lawful proof of applicant's authority to use the same. Where an encroachment is not attached to or does not benefit property contiguous to these lands, the applicant shall submit certified proof of the authority under which he is constructing the encroachment.
C. All permit applications shall be accompanied by clear and legible copies of maps, plans, details and other documentation and correspondence submitted to the United States Army Corps of Engineers and other state, local, or federal agencies which have jurisdiction over the proposed work. Whenever possible, permits shall be granted for minor bulkheads, piers, wharves or structures, upon satisfaction of documentation requirements of the United States Army Corps of Engineers to avoid duplication of efforts by the applicant. Where a permit application contemplates any form of landfill or reclamation, or involves a substantial encroachment upon state lands, the applicant shall provide a plat of survey as contemplated for land reclamation permits under R.S. 41:1702, and any applicable engineering or architectural plans. In all cases, an applicant shall submit additional information, prior to issuance of a permit, where the secretary or attorney general requires the same for consideration of the permit application or resolution of legal issues.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1708. Leases to maintain encroachments; exceptions

RS 41:1708 - Leases to maintain encroachments; exceptions
The office may grant leases for the continuing maintenance of all lawful encroachments upon state lands upon such terms and conditions established as most beneficial to both the state and lessee, in accordance with law. Owners of noncommercial piers and wharves, Class A and Class B encroachments shall not be subject to lease requirements. Any exempt wharf or pier described hereinabove shall be subject to lease if it is determined to unduly interfere with public navigation and fishery or is part of another encroachment or system of encroachments.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1709. Terms and conditions of leases

RS 41:1709 - Terms and conditions of leases
A. Owners or occupiers of encroachments, constructed pursuant to a permit issued hereunder, and those existing upon state lands as of July 13, 1978, which are otherwise lawful except for a permit, shall apply to the office for a lease of the encroachment. No permit shall be required for projects to facilitate the development, design, engineering, implementation, operation, maintenance, or repair of integrated coastal protection projects by the Coastal Protection and Restoration Authority under R.S. 49:214.6.1 et seq. or other applicable law or projects for the Atchafalaya Basin Program. Where the best interests of the state and applicant will be served, a noncompetitive lease shall be granted upon the conditions contained in this Chapter. The term "noncompetitive lease" as used in this Chapter shall not refer to any proposed use for which the lease is granted. All such leases shall be for a cash consideration and such terms and other considerations as deemed most beneficial to the state of Louisiana, considering the type and extent of the encroachment. The cash and other considerations for the leases and renewals shall be based upon linear feet, area, values of the improvement and the public land occupied, degree of impairment to the public interest, and benefit to the owner, be it income, profit or otherwise, that is derived by use of the public lands. The cash and considerations for leases of minor commercial wharves and piers shall be a nominal fee, sufficient to cover the costs of processing and administration by the office. If it is determined that the considerations paid to the state are not reasonable, fair, and adequate value of the lands occupied as of the date of renewal, additional cash, or other considerations may be required of the lessee at that time in order that the state be justly compensated for use of the public lands. All leases shall be reviewed and approved by the attorney general prior to issuance or renewal.
B. Each lease granted under the authority of this Section shall be for a term not to exceed five years. The office shall have the right to renew any such lease but not in excess of ten successive periods under the same or revised terms, but in no case shall any single renewal of such a lease be for a period exceeding five years, nor shall the total number of years of which the land is leased under the same lease exceed fifty. At the end of the fifty-year maximum period, the lessee may apply for a new lease as provided herein.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978. H.C.R. No. 56, 1989 R.S; Acts 2001, No. 919, §1; Acts 2018, No. 570, §2, eff. July 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1710. Leases for encroachments wholly upon public lands; leases for encroachments under this Title

RS 41:1710 - Leases for encroachments wholly upon public lands; leases for encroachments under this Title
A. Where an encroachment is located wholly upon state waterbottoms and not proximate to any bank or shore, a lease may be granted under the procedure, terms and conditions for the leasing of public lands contained in R.S. 41:1213 through 1217, except that any lease of encroachments under this Section shall be limited to an area reasonably required to operate or maintain the encroachment as described in the permit for its construction.
B. Structures and encroachments which are the subject matter of Subsection B of Section 91, Sections 1262 through 1269, and Sections 1501 through 1509 of Title 41 of the Louisiana Revised Statutes of 1950 are exempt from obtaining leases under this Chapter.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1711. Leases and permits; general conditions

RS 41:1711 - Leases and permits; general conditions
A. All permits and leases for encroachments shall be conditioned upon the applicant's or lessee's holding the state and office harmless for all acts or omissions of any person or agent in the construction and maintenance of the encroachment though the lease or permit subsequently expires or is revoked; constructing, creating, and maintaining the encroachment in a state of repair or upkeep and condition has to reasonably conform to criteria and standards adopted to protect the public interest. Permits issued pursuant to these provisions shall be effective for a period not to exceed two years from the date of issuance and shall thereupon expire; all work remaining or any additional work may be completed only upon application in the manner provided by this Chapter. No permit or lease shall be issued unless first approved by the governing authority of the parish in which the encroachment is located, the attorney general, and such other parochial or state agencies, as may have jurisdiction in the premises.
B. Any lease or permit granted pursuant to the provisions of this Chapter shall be subordinate to prior servitudes, permits, and leases and to any future oil, gas, and mineral lease and shall be subject to the laws of the state concerning wildlife and to the rules, regulations, and orders authorized by such laws. Without consent of the lessee, or permittee, the state or agency having authority may grant servitudes and other leases affecting the property which do not interfere unreasonably and permanently with the use of the property by the lessee.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1712. Leases and permits; grant or denial; title

RS 41:1712 - Leases and permits; grant or denial; title
A. Where encroachment, activity, or lease thereof would or does obstruct or hinder the navigability of any waters of the state, impose undue or unreasonable restrains on the state or public rights which have vested pursuant to Louisiana Law, or result in injury to or interference with the public interest or usage, to that extent the application shall be denied, or the encroachment limited.
B. In no instance shall a permit or lease be construed to confirm title or rights with respect to the encroachment relative to other claimants of the riparian property or as between riparian owners. Nothing in this Chapter, the regulations adopted thereunder, nor permits or leases issued shall be construed to divest the state of ownership or any right, title, interest, or power in or over any state lands, except as authorized by Section 3 of Article IX of the Louisiana Constitution of 1974.
C. The office shall adopt timetables and provide an opportunity for hearing, after reasonable notice, for any person aggrieved by a decision to issue or deny a permit or lease, as provided by law, and may establish criteria and standards of construction and maintenance for all types of encroachments, to best protect the public interest. The office may adopt boundaries or lines upon any state lands, not exceeding bounds established by the United States Army Corps of Engineers beyond which no encroachment shall be placed, all in accordance with law.
D. When permit or lease applications involve projects over which the United States Army Corps of Engineers, the Department of Energy and Natural Resources, or any other federal or state agency asserts jurisdiction, and the governmental agencies have, by public notice or regulations, established timetables for receipt of objections, public hearings, or other proceedings, the office, to least inconvenience the applicant and prevent multiple hearings, shall adopt and conform to the timetables or evidentiary requirements and shall attempt to coordinate any public hearing with the agencies whenever feasible. When the United States Army Corps of Engineers or other interested agencies do not assert jurisdiction over a given project, thirty days from date of published notice by the applicant shall be allowed for receipt of objections in writing by the office.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1; Acts 2023, No. 150, §15, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1713. Leases and permits, cause for cancellation or revocation

RS 41:1713 - Leases and permits, cause for cancellation or revocation
A. Abandonment of an encroachment, or noncompliance with the law, this Chapter, or regulations and standards adopted, shall result in the revocation or cancellation of any permit or lease unless the persons responsible remedy the problem or violation within thirty days of written or published notice, by the division or office, as applicable, specifying the violation. The period for compliance may be extended for additional thirty-day periods up to one hundred twenty days total, upon a showing by the persons responsible of inability to comply by reason of extensive work required. Where force majeure prevents the persons responsible from complying with the division's or the office's demand, the thirty-day corrective period shall be suspended until such date when work becomes reasonably possible.
B. If the violation is such that no remedy is possible, or an immediate and substantial hazard to public health, safety and welfare exists, or the persons responsible refuse or fail to correct the problem, within the thirty days provided, any permit or lease for the encroachments involved shall be cancelled and revoked. Any construction or maintenance of an encroachment not in substantial compliance with this Chapter shall be an absolute nullity and no rights shall vest in the persons responsible or be acquired by prescription.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1; Acts 2018, No. 242, §2.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1714. Sanctions for violations; exceptions

RS 41:1714 - Sanctions for violations; exceptions
A. The attorney general shall, by injunctive or other relief, prevent the unlawful creation of encroachments without permit, or which by construction or continuing existence, create a hazard to the public interests. Any encroachment constructed or maintained without permit or lease, or abandoned shall be a nuisance and an obstruction and embarrassment to the public use and interest.
B. The attorney general, by court action, may compel or effect the removal or demolition of the encroachment at the expense of the parties responsible for their creation without any compensation and the parties responsible may be sentenced to pay all damages which have been occasioned by the creation or existence of the encroachment. The state may elect to keep the encroachment for the benefit of the public, but only upon reimbursement to the persons responsible for the cost of materials and labor required to construct the same. In no cases shall the state be compelled to suffer the existence of unlawful encroachments described herein. All remedies existing in law or equity in favor of landowners shall likewise be available to the state for enforcement of this Chapter.
C. In those cases where it is determined that an encroachment is constructed or maintained without lease or permit by reason of unintentional mistake or error, resulting in a failure to apply to the office, the persons responsible shall have thirty days from written or published notice to complete application to the office before appropriate action is instituted by the attorney general.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1731. Legislative findings

RS 41:1731 - Legislative findings
To ensure the viability of the state's natural resources, to provide a continuing energy source for the citizens and businesses of Louisiana, to promote economic development through job retention and creation in Louisiana, and to promote a clean and lasting environment, the Louisiana Legislature finds that the state, through the Department of Energy and Natural Resources, should promote the generation and use of the renewable energy derived from wind.
Acts 2005, No. 481, §1, eff. July 12, 2005; Acts 2023, No. 150, §15, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1734. Powers and duties of the secretary of the Department of Energy and Natural Resources

RS 41:1734 - Powers and duties of the secretary of the Department of Energy and Natural Resources
A. The secretary of the Department of Energy and Natural Resources shall promulgate rules and regulations pursuant to the Administrative Procedure Act to implement the provisions of this Chapter and to institute reasonable fees for services performed by the department. The rules and regulations shall include all provisions necessary to accomplish the intent of the legislature as stated in this Chapter and shall provide for the following:
(1) Criteria for setting the annual rent or royalty amounts for leases executed pursuant to this Chapter.
(2) Criteria for setting a primary term for leases and the necessary wind energy production or other actions by the lessee to continue the lease beyond the primary term. The rules and regulations shall also provide for the release of acreage at the end of the primary term on that portion of the lease where none of the necessary wind energy production or other actions occur.
(3) Requirements for financial security to ensure proper closure of the site pursuant to the decommissioning plan.
(4) Requirements for determining that if no responsible party can be located or such party has failed or is financially unable to undertake decommissioning required by the lease and that no energy has been produced from the facility from wind for two years. These requirements shall include notice to the last operator of record.
B. The secretary may expend sums payable to the department from the financial security required by the rules and regulations promulgated pursuant to this Section and enter into contracts for the purpose of restoration of wind energy sites pursuant to the terms of the lease or when the secretary has determined there is no responsible party pursuant to this Section. Restoration of a wind energy site includes removing the wind energy production facility along with any necessary infrastructure facilities and restoring the property to as near as reasonably possible to the condition of the property prior to the commencement of construction of the facility.
Acts 2005, No. 481, §1, eff. July 12, 2005; Acts 2022, No. 443, §2; Acts 2023, No. 150, §15, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1. Public office defined

RS 42:1 - Public office defined
As used in this title, the term "public office" means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established by the constitution or laws of this state.
"Public officer" is any person holding a public office in this state.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:2. Public officer to hold office until successor inducted

RS 42:2 - Public officer to hold office until successor inducted
Every public officer in this state except in case of impeachment or suspension shall continue to discharge the duties of his office until his successor is inducted into office.
Amended by Acts 1975, No. 103, §1; Acts 2008, No. 875, §1; Acts 2016, No. 71, §1, eff. May 10, 2016.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:2.1. Boards, commissions, councils, authorities, entities; composition

RS 42:2.1 - Boards, commissions, councils, authorities, entities; composition
A. In making appointments to any board, commission, council, authority, or other similar entity that has statewide jurisdiction and is established by law, rule, executive order, or otherwise, the appointing authority shall give due consideration to the demographics of the population of the state, including but not limited to geography, gender, and race.
B. No person shall have any right of action pursuant to this Section against an appointing authority or any board, commission, council, authority, or other similar entity or against any action of such an entity.
C. No person owing any outstanding fines, fees, or penalties pursuant to the Code of Governmental Ethics shall be appointed to any board or commission of the state or any political subdivision.
D. For purposes of this Section, "outstanding fines, fees, or penalties pursuant to the Code of Governmental Ethics" shall mean a fine, fee, or penalty equal to an amount of two hundred fifty dollars or more imposed by the Board of Ethics for which all appeals have been exhausted.
Acts 2004, No. 733, §1, eff. Jan. 1, 2005; Acts 2014, No. 754, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:2.2. Boards, commissions, councils, authorities, and entities; immediate family members

RS 42:2.2 - Boards, commissions, councils, authorities, and entities; immediate family members
A. No appointing authority shall appoint to any board, commission, council, authority, or similar entity a person who is a member of the immediate family of a person who serves on the board, commission, council, authority, or similar entity at the time of the appointment.
B. For purposes of this Section, "immediate family" shall have the same meaning as provided in R.S. 42:1102.
Acts 2014, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:3. Limitation of terms of employees or officials elected by boards; exceptions

RS 42:3 - Limitation of terms of employees or officials elected by boards; exceptions
The term of office of all employees or officials elected by any state, district, parochial or municipal board shall not be for a longer period of time than the term of office of the membership of the board electing them so that each respective board shall elect its own officers and employees. This Section does not apply to the officers or employees of any board governed by a civil service law of this state or of any parish or municipality thereof.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:3.1. Legislative members of boards and commissions; per diem

RS 42:3.1 - Legislative members of boards and commissions; per diem
Each legislative member of a board or commission shall receive a per diem equal to the per diem provided by law for members of the legislature.
Added by Acts 1981, No. 221, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:4. Public officers appointed by the Governor

RS 42:4 - Public officers appointed by the Governor
A. In all other cases, all public officers who are appointed by the Governor shall serve at the pleasure of the Governor. This Section shall not apply to officers appointed by the Governor upon recommendation or from lists submitted by others where the law requires appointments to be so made, nor to those whose terms of office are fixed by the constitution and those who are required by the constitution to be appointed with the advice and consent of the Senate.
B. This Section shall not apply to the Louisiana State Board of Public Welfare, the Louisiana Merit System Council, the Board of Review and the State Advisory Council of the office of employment security of the Louisiana Workforce Commission.
Acts 1950, No. 68, §3. Amended by Acts 1950, 2nd Ex.Sess., No. 22, §1; Acts 1992, No. 447, §4; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:11. Short title

RS 42:11 - Short title
This Chapter shall be known and may be cited as the "Open Meetings Law".
Acts 2010, No. 861, §18.
NOTE: Former R.S. 42:11 was redesignated as R.S. 42:26 by Acts 2010, No. 861, §23.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:12. Public policy for open meetings; liberal construction

RS 42:12 - Public policy for open meetings; liberal construction
A. 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 of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy. Toward this end, the provisions of this Chapter shall be construed liberally.
B. Further, to advance this policy, all public bodies shall post a copy of this Chapter.
Added by Acts 1976, No. 665, §1; Acts 1999, No. 467, §1; Acts 2010, No. 861, §23.
NOTE: Former R.S. 42:12 was redesignated as R.S. 42:27 by Acts 2010, No. 861, §23.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:13. Definitions

RS 42:13 - Definitions
A. For the purposes of this Chapter:
(1) "Consent agenda" means a grouping of procedural or routine agenda items that can be approved with general discussion.
(2) "Meeting" means the convening of a quorum of a public body to deliberate or act on a matter over which the public body has supervision, control, jurisdiction, or advisory power. It shall also mean the convening of a quorum of a public body by the public body or by another public official to receive information regarding a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(3) "Public body" means 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 enumerated in this paragraph.
(4) "Quorum" means a simple majority of the total membership of a public body.
B. The provisions of this Chapter shall not apply to chance meetings or social gatherings of members of a public body at which there is no vote or other action taken, including formal or informal polling of the members.
Added by Acts 1979, No. 681, §1. Amended by Acts 1981, Ex.Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 1988, No. 821, §1; Acts 2010, No. 861, §23; Acts 2013, No. 416, §1.
NOTE: Former R.S. 42:13 was redesignated as R.S. 42:28 by Acts 2010, No. 861, §23.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:14. Meetings of public bodies to be open to the public

RS 42:14 - Meetings of public bodies to be open to the public
A. Every meeting of any public body shall be open to the public unless closed pursuant to R.S. 42:16, 17, or 18.
B. 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 this Chapter.
C. 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.
D. Except school boards, which shall be subject to R.S. 42:15, each public body conducting a meeting which is subject to the notice requirements of R.S. 42:19(A) shall allow a public comment period at any point in the meeting prior to action on an agenda item upon which a vote is to be taken. The governing body may adopt reasonable rules and restrictions regarding such comment period.
E.(1) Each public body that has the capability to allow any member of the public with a disability recognized by the Americans with Disabilities Act or a designated caregiver of such a person to participate in its meetings via teleconference or video conference as defined in R.S. 42:17.2 shall adopt rules, regulations, and procedures to regulate and facilitate participation via teleconference or video conference for any such person who prior to the meeting requests that accommodation.
(2) Each public body that does not have the capability to allow any member of the public with a disability recognized by the Americans with Disabilities Act or a designated caregiver of such a person to participate in its meetings via teleconference or video conference as defined in R.S. 42:17.2 shall adopt rules, regulations, and procedures to facilitate viable alternative methods for a member of the public with a disability recognized by the Americans with Disabilities Act or a designated caregiver of such a person who so requests to participate in its meetings.
(3) The requirements of this Subsection shall not be applicable during an executive session held in accordance with law, during any meeting that is sequestered in accordance with law, or to any public body included in R.S. 42:17.2(I).
(4) State agencies as defined by R.S. 49:951 shall promulgate rules pursuant to the Administrative Procedure Act to implement this Subsection.
Added by Acts 1952, No. 484, §1. Amended by Acts 1976, No. 665, §1; Acts 1977, No. 707, §1; Acts 1978, No. 456, §1; Acts 1979, No. 681, §1; Acts 1981, Ex.Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 1989, No. 55, §1; Acts 2001, No. 285, §1; Acts 2010, No. 850, §1; Acts 2010, No. 861, §23; Acts 2023, No. 393, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:15. School board meetings; public comment

RS 42:15 - School board meetings; public comment
A. Notwithstanding any other law to the contrary, each school board subject to the provisions of this Chapter, except as provided in Subsection B of this Section, shall allow public comment at any meeting of the school board prior to taking any vote. The comment period shall be for each agenda item and shall precede each agenda item.
B. The Orleans Parish School Board, at any meeting of the school board, shall provide an opportunity for public comment subject to reasonable rules, regulations, and restrictions as adopted by the school board.
C. For purposes of this Section, a comment period for all comments at the beginning of a meeting shall not suffice to meet the requirements of Subsection A or Subsection B of this Section.
Acts 1997, No. 895, §1, eff. July 10, 1997; Acts 2005, No. 474, §1; Acts 2010, No. 861, §23; Acts 2011, 1st Ex. Sess., No. 35, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:16. Executive Sessions

RS 42:16 - Executive Sessions
A public body may hold executive sessions upon an affirmative vote, taken at an open meeting for which notice has been given pursuant to R.S. 42:19, of two-thirds of its constituent members present. An executive session shall be limited to matters allowed to be exempted from discussion at open meetings by R.S. 42:17; however, no final or binding action shall be taken during an executive session. The vote of each member on the question of holding such an executive session and the reason for holding such an executive session shall be recorded and entered into the minutes of the meeting. Nothing in this Section or R.S. 42:17 shall be construed to require that any meeting be closed to the public, nor shall any executive session be used as a subterfuge to defeat the purposes of this Chapter.
Acts 1952, No. 484, §1. Amended by Acts 1976, No. 665, §1; Acts 1977, No. 707, §1; Acts 1979, No. 681, §1; Acts 2010, No. 861, §23.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:17.2.1. Public body; member with a disability

RS 42:17.2.1 - Public body; member with a disability
A. Notwithstanding any provision of this Chapter that requires a member of a public body to be physically present in order to be counted for a quorum and to participate and vote in a meeting, a member of a public body who has a disability recognized by the Americans with Disabilities Act shall be allowed to participate and vote in a meeting via electronic means as defined in R.S. 42:17.2.
B. Each public body shall adopt rules, regulations, and procedures to facilitate the requirements of Subsection A of this Section. State agencies as defined by R.S. 49:951 shall promulgate the rules pursuant to the Administrative Procedure Act.
C. The provisions of Subsections A and B of this Section shall not apply to members of the legislature or any parish board of election supervisors.
Acts 2023, No. 393, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:17.4. Exception for meetings of the Prescription Monitoring Program Advisory Council

RS 42:17.4 - Exception for meetings of the Prescription Monitoring Program Advisory Council
A. Notwithstanding any other provision of law to the contrary, the Prescription Monitoring Program Advisory Council, as provided in R.S. 40:1005, may conduct and its members may attend and participate in a meeting via electronic means if the Louisiana Board of Pharmacy, the advisory council, and its presiding officer comply with all of the requirements of this Section.
B. No later than twenty-four hours prior to a meeting conducted pursuant to the provisions of this Section, the advisory council shall provide for all of the following:
(1) The notice and agenda for the meeting, which shall be posted on the website of the Louisiana Board of Pharmacy, emailed to any member of the public or the news media who requests notice of meetings of the public body, and widely distributed to every known news media outlet that broadcasts or publishes news within the geographic area within the jurisdiction of the Louisiana Board of Pharmacy.
(2) Detailed information regarding how members of the public may participate in the meeting and submit comments regarding matters on the agenda, which information shall be posted on the website of the Louisiana Board of Pharmacy, emailed to any member of the public or the news media who requests notice of meetings of the public body, and widely distributed to every known news media outlet that broadcasts or publishes news within the geographic area within the jurisdiction of the Louisiana Board of Pharmacy.
C. For each meeting conducted pursuant to this Section, all of the following requirements shall apply:
(1) The advisory council shall provide a mechanism to receive public comment electronically both prior to and during the meeting.
(2) The advisory council shall properly identify and acknowledge all public comments during the meeting and shall maintain those comments in its record of the meeting.
(3) The presiding officer of the advisory council shall ensure that each person participating in the meeting is properly identified.
(4) The presiding officer shall ensure that all parts of the meeting, excluding any matter discussed in executive session, are clear and audible to all participants in the meeting including the public.
D. For the purposes of this Section, the following words and phrases have the following meanings:
(1) "Meeting via electronic means" means a meeting occurring via teleconference or video conference.
(2) "Teleconference" means a method of communication which enables persons in different locations to participate in a meeting and to hear and otherwise communicate with each other.
(3) "Video conference" means a method of communication which enables persons in different locations to participate in a meeting and to see, hear, and otherwise communicate with each other.
Acts 2023, No. 14, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:18. Executive or closed meetings of legislative houses and committees

RS 42:18 - Executive or closed meetings of legislative houses and committees
A. Notwithstanding any contrary provision of R.S. 42:16 and 17, executive or closed meetings may be held by the legislature, either house thereof, or any committee or subcommittee of either house, upon the affirmative vote of at least a majority of the members of the house or the committee or subcommittee thereof making the determination to hold such meeting, for one or more of the following purposes:
(1) Discussion of confidential communications.
(2) Discussion of the character, professional competence, or physical or mental health of any person subject to contract with or to employment, election, or appointment or confirmation of appointment by either house of the legislature or any committee or subcommittee of either or by any other public body.
(3) Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the legislature, either house thereof, or any committee or subcommittee of either house.
(4) Discussion regarding a report, development, or course of action regarding security personnel, plans, or devices.
(5) Investigations by the legislature, either house thereof, or by any committee or subcommittee thereof, including the Legislative Audit Advisory Council or any other joint or statutory committee, whenever reasonable grounds exist to believe that the testimony to be elicited will reflect a failure of compliance with law.
(6) Cases of extraordinary emergency, which shall be limited to natural disaster, threat of epidemic, civil disturbances, suppression of insurrections, the repelling of invasions, or other matters of similar magnitude.
(7) Discussion by either house of the legislature, or any committee or subcommittee thereof, of any matter affecting the internal operations or management of the body.
(8) Any other matters provided by law or pursuant to the joint rules of the legislature.
B. All procedural matters pertaining to the necessity, purposes, or reasons for the holding of executive or closed meetings under the provisions of this Section shall be in accordance with such rules as are adopted by each of the houses of the legislature for the purpose.
C. The provisions of this Chapter shall not apply to chance meetings, social gatherings, or other gatherings at which only presentations are made to members of the legislature or members of either house thereof or of any committee or subcommittee if no vote or other action, including formal or informal polling of members, is taken.
Added by Acts 1981, Ex.Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 2010, No. 861, §23.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:20. Written minutes

RS 42:20 - Written minutes
A. All public bodies shall keep written minutes of all of their open meetings. The minutes to be kept by the legislature and legislative committees and subcommittees shall be governed by the provisions of R.S. 42:21. The minutes of all other public bodies shall include but need not be limited to:
(1) The date, time, and place of the meeting.
(2) The members of the public body recorded as either present or absent.
(3) The substance of all matters decided, and, at the request of any member, a record, by individual member, of any votes taken.
(4) Any other information that the public body requests be included or reflected in the minutes.
B.(1) The minutes shall be public records and shall be available within a reasonable time after the meeting, except where such disclosures would be inconsistent with R.S. 42:16, 17, and 18, or rules adopted under the provisions of R.S. 42:21.
(2) If the public body has a website, the public body shall post on its website a copy of the minutes made available pursuant to Paragraph (1) of this Subsection and shall maintain the copy of those minutes on the website for at least three months after the posting. If the public body is required to publish its minutes in an official journal, the public body shall post its minutes on its website as required by this Paragraph within ten days after publication in the official journal. If the public body is not required to publish its minutes in an official journal, the public body shall post its minutes on its website as required by this Paragraph within a reasonable time after the meeting. The inability of the public to access the public body's website due to any type of technological failure shall not be a violation of the provisions of this Chapter.
Added by Acts 1976, No. 665, §1. Amended by Acts 1981, Ex.Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 2010, No. 861, §23; Acts 2014, No. 628, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:21. Minutes of legislative sessions, legislative committees and subcommittees

RS 42:21 - Minutes of legislative sessions, legislative committees and subcommittees
A. The journals of the proceedings of each of the houses of the legislature, as required to be kept by the provisions of Article III, Section 10(B) of the Louisiana Constitution, shall constitute the written minutes of open sessions of the Senate and of the House of Representatives.
B. The written minutes of standing, interim, joint, and other committees and subcommittees of the Senate and House of Representatives shall include such information as may be required by the rules of the respective houses.
Added by Acts 1981, Ex. Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 2010, No. 861, §23.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:23. Sonic and video recordings; live broadcast

RS 42:23 - Sonic and video recordings; live broadcast
A. All of the proceedings in a public meeting may be video or tape recorded, filmed, or broadcast live. However, any nonelected board or commission that has the authority to levy a tax shall video or audio record, film, or broadcast live all proceedings in a public meeting.
B. A public body shall establish standards for the use of lighting, recording or broadcasting equipment to insure proper decorum in a public meeting.
Added by Acts 1952, No. 484, §1. Amended by Acts 1972, No. 669, §1; Acts 1989, No. 172, §1; Acts 2010, No. 861, §23; Acts 2013, No. 363, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:24. Voidability

RS 42:24 - Voidability
Any action taken in violation of this Chapter shall be voidable by a court of competent jurisdiction. A suit to void any action must be commenced within sixty days of the action.
Added by Acts 1972, No. 669, §2. Amended by Acts 1976, No. 665, §1; Acts 1979, No. 681, §1; Acts 2010, No. 861, §23.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:25. Enforcement

RS 42:25 - Enforcement
A. The attorney general shall enforce the provisions of this Chapter throughout the state. He may institute enforcement proceedings on his own initiative and shall institute such proceedings upon a complaint filed with him by any person, unless written reasons are given as to why the suit should not be filed.
B. Each district attorney shall enforce the provisions of this Chapter throughout the judicial district within which he serves. He may institute enforcement proceedings on his own initiative and shall institute such proceedings upon a complaint filed with him by any person, unless written reasons are given as to why the suit should not be filed.
C. Any person who has been denied any right conferred by the provisions of this Chapter or who has reason to believe that the provisions of this Chapter have been violated may institute enforcement proceedings.
Added by Acts 1976, No. 665, §1. Amended by Acts 1977, No. 707, §1; Acts 1979, No. 681, §1; Acts 2010, No. 861, §23.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:26. Remedies; jurisdiction; authority; attorney fees

RS 42:26 - Remedies; jurisdiction; authority; attorney fees
A. In any enforcement proceeding the plaintiff may seek and the court may grant any or all of the following forms of relief:
(1) A writ of mandamus.
(2) Injunctive relief.
(3) Declaratory judgment.
(4) Judgment rendering the action void as provided in R.S. 42:24.
(5) Judgment awarding civil penalties as provided in R.S. 42:28.
B. In any enforcement proceeding the court has jurisdiction and authority to issue all necessary orders to require compliance with, or to prevent noncompliance with, or to declare the rights of parties under the provisions of this Chapter. Any noncompliance with the orders of the court may be punished as contempt of court.
C. If a party who brings an enforcement proceeding pursuant to R.S. 42:25 prevails, the party shall be awarded reasonable attorney fees and other costs of litigation. If such party prevails in part, the court may award the party reasonable attorney fees or an appropriate portion thereof.
D. If the court finds that the proceeding was of a frivolous nature and was brought with no substantial justification, it may award reasonable attorney fees to the prevailing party.
Added by Acts 1979, No. 681, §1. Acts 1989, No. 54, §1; Acts 2010, No. 861, §23; Acts 2019, No. 340, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:27. Venue; summary proceedings

RS 42:27 - Venue; summary proceedings
A. Enforcement proceedings shall be instituted in the district court for the parish in which the meeting took place or will take place.
B. Enforcement proceedings shall be tried by preference and in a summary manner. Any appellate court to which the proceeding is brought shall place it on its preferential docket, shall hear it without delay, and shall render a decision as soon as practicable.
Added by Acts 1979, No. 681, §1; Acts 2010, No. 861, §23.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:28. Civil penalties

RS 42:28 - Civil penalties
Any member of a public body who knowingly and wilfully participates in a meeting conducted in violation of this Chapter shall be subject to a civil penalty not to exceed five hundred dollars per violation. The member shall be personally liable for the payment of such penalty. A suit to collect such penalty must be instituted within sixty days of the violation.
Acts 1989, No. 54, §1; Acts 2010, No. 861, §23; Acts 2019, No. 340, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:31. Eligibility requirements for certain unclassified employees

RS 42:31 - Eligibility requirements for certain unclassified employees
A. Notwithstanding any other law to the contrary, any person hired or employed in an unclassified position as defined by the State Civil Service Commission, and whose annual salary or rate of compensation is equal to, or exceeds one hundred thousand dollars, shall, within thirty days of being hired or employed at such salary, provide proof to his public employer that he has been issued a Louisiana driver's license and that all vehicles registered in his name are registered in Louisiana. This requirement shall be deemed a qualification for the position for which the person was employed or hired, and for the duration of the person's employment in the event the person's salary is increased and the requirements of this Section are triggered.
B. All government agencies which hire or employ any person in an unclassified position as defined by the State Civil Service Commission, whose annual salary or rate of compensation is equal to, or exceeds one hundred thousand dollars, shall verify that such person has been issued a Louisiana driver's license and that all vehicles registered in his name are registered in Louisiana. The public employer shall verify the employee meets this requirement for the duration of this person's employment.
C. Any person hired or employed in an unclassified position who does not meet the requirements of this Section, or who no longer meets the requirements of this Section, shall be removed and terminated within thirty days of the public employer learning such person does not meet the requirements of this Section.
Acts 2013, No. 264, §1, eff. Sept. 15, 2013.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:32. Enemy aliens not to be employed; penalty

RS 42:32 - Enemy aliens not to be employed; penalty
The state, its agencies and subdivisions, as well as municipalities and parishes, shall not employ knowingly any enemy alien.
For the purpose of this section an enemy alien is defined as any person who is a national of a country with whom the United States is at war.
Any public officer or anyone in charge of any state agencies or board, who knowingly employs, or permits to be employed, any enemy alien shall be fined one thousand dollars or imprisoned for six months.
Amended by Acts 1974, No. 472, §1.