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Regular Session, 2010
HOUSE BILL NO. 1074
BY REPRESENTATIVE PUGH
PUBLIC RECORDS: Provides for the retention and preservation of records
AN ACT1
To amend and reenact R.S. 44:36(A) and 411(A) and to enact R.S. 44:36(F), relative to2
public records; to provide relative to the retention, preservation, and disposal of3
certain public records; to provide relative to filtering and disposal of certain4
electronically stored information; to provide relative to the duties of agency heads5
relative to the retention of public records; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 44:36(A) and 411(A) are hereby amended and reenacted and R.S.8
44:36(F) is hereby enacted to read as follows: 9
§36. Preservation of records10
A.(1) All persons and public bodies having custody or control of any public11
record, other than conveyance, probate, mortgage, or other permanent records12
required by existing law to be kept for all time, shall exercise diligence and care in13
preserving the public record for the period or periods of time specified for such14
public records in formal records retention schedules developed and approved by the15
state archivist and director of the division of archives, records management, and16
history of the Department of State.17
(2) However, in In all instances in which a formal retention schedule has not18
been executed, such public records shall be preserved and maintained for a period19 HLS 10RS-1486 ORIGINAL
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of at least three years from the date on which the public record was made and shall1
be disposed of in accordance with R.S. 44:411.2
(3) However, where Where copies of an original record exist, the original3
alone shall be kept; when only duplicate copies of a record exist, only one copy of4
the duplicate copies shall be required to be kept. Other complimentary copies or5
reference copies of a public record may be destroyed or disposed of immediately6
after use.7
(4) Where an appropriate form of the microphotographic process has been8
utilized to record, file, and otherwise preserve such public records with microforms9
produced in compliance with the provisions of R.S. 44:415, the microforms shall be10
deemed originals in themselves, as provided by R.S. 44:39(B), and disposition of11
original documents which have been microphotographically preserved and of12
duplicates and other copies thereof shall proceed as provided in R.S. 44:411.13
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F. No provision in this Chapter shall be construed to prohibit the use of an15
electronic or manual filtering system to immediately delete electronic junk mail or16
other electronically stored information that is not deemed a public record as defined17
in R.S. 44:1(A)(2)(a).18
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§411. Selective retention of records; actions for recovery of records20
A. The secretary, acting through the state archivist, shall establish standards21
for the selective retention of records of continuing value, and monitor state and local22
agencies in the application of such standards to all records in their custody. To23
facilitate this application:24
(1) The head of each agency shall submit to the state archivist, in accordance25
with the policies, rules, and regulations prescribed by the secretary and the26
implementational standards and procedures established by the state archivist,27
schedules proposing the length of time each state agency record series warrants28 HLS 10RS-1486 ORIGINAL
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retention for administrative, legal, or fiscal purposes after it has been created or1
received by the agency.2
(2) The head of each agency shall also submit to the state archivist lists of3
state agency records in the custody of that agency which are not required for the4
transaction of current business and which lack sufficient administrative, legal, or5
fiscal value to warrant further retention and request that the state archivist authorize6
appropriate disposal.7
(3) The head of each agency also shall complete and submit to the state8
archivist a records location survey every two years.9
(4) Upon termination of employment with the state, unless otherwise10
directed by law, each agency head prior to transfer of his records to a successor, shall11
notify the state archivist to arrange for an appraisal to determine which record or12
records series should be retained in the agency office and which should be13
transferred to the custody of the division for permanent retention. 14
(4) (5) The records of any state agency, upon termination of its existence or15
functions, shall automatically be transferred into the custody of the division, unless16
otherwise directed by law.17
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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)]
Pugh HB No. 1074
Abstract: Provides for the selective retention and preservation of certain public records.
Present law (R.S. 44:36) provides for the preservation of public records. Provides that in all
instances in which a formal retention schedule has not been executed, such public records
shall be preserved and maintained for a period of at least three years from the date on which
the public record was made. Proposed law retains present law and additionally provides that
such records shall be disposed of in accordance with present law (R.S. 44:411).
Present law provides that where copies of an original record exist, the original alone shall
be kept. Provides that when only duplicate copies of a record exist, only one copy of the
duplicate copies shall be required to be kept. Proposed law retains present law and
additionally provides that other complimentary copies or reference copies of a public record
may be destroyed or disposed of immediately after use. HLS 10RS-1486 ORIGINAL
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Proposed law provides that no provision in present law relative to public records shall be
construed to prohibit the use of an electronic or manual filtering system to immediately
delete electronic junk mail or other electronically stored information that is not deemed a
public record as defined in present law (R.S. 44:1).
Present law (R.S. 44:411) provides relative to retention of records by agencies. Provides
certain duties for agency heads. Requires the submission of certain information to the state
archivist, including schedules proposing the length of time each state record series warrants
retention and lists of state records in the custody of the agency that do not warrant further
retention. Proposed law changes references to "state record series" and "state record" to
"agency record series" and "agency record". Otherwise retains present law.
Proposed law requires the head of each agency to complete and submit to the state archivist
a records location survey every two years.
(Amends R.S. 44:36(A) and 411(A); Adds R.S. 44:36(F))