HLS 10RS-98 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 307
BY REPRESENTATIVE WADDELL
PUBLIC RECORDS: Provides relative to application of public records laws to the records
of the office of the governor
AN ACT1
To amend and reenact R.S. 44:5, relative to records of the office of the governor and of2
certain agencies in the office of the governor; to apply the laws relative to public3
records to the office of the governor and agencies and officials within the office of4
the governor; to provide for certain exceptions; to provide for penalties; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 44:5 is hereby amended and reenacted to read as follows:8
ยง5. Records of the governor9
A. This Chapter shall not apply to any records having been used, being in10
use, possessed, or retained for use by the governor in the usual course of the duties11
and business of his office relating to the deliberative process of the governor, intra-12
office communications of the governor and his internal staff, the governor's security13
and schedule, or communications with or the security and schedule of the governor's14
spouse or children.15
Records of the office of the governor shall be public records and shall be16
subject to the provisions of this Chapter.17
B.(1) Notwithstanding the provisions of Subsection A of this Section, a18
record of the office of the governor that reflects pre-decisional mental impressions,19
advice, proposals, or opinions created for the purpose of assisting the governor in the20 HLS 10RS-98 ORIGINAL
HB NO. 307
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formulation of a decision in the usual course of the duties and business of his office1
shall be privileged from disclosure.2
(2)(a) Notwithstanding the provisions of Subsection A of this Section, any3
record of the office of the governor pertaining to the schedule of the governor, his4
spouse, or his child which record contains security details which if public may impair5
the safety of the governor, his spouse, or his child shall be confidential.6
(b) Nothing in Subparagraph (a) of this Paragraph shall be interpreted or7
construed in a manner to make all records concerning a meeting or event the8
governor attends and transportation related thereto confidential; however, the9
governor may keep a record concerning a meeting or event the governor attends and10
transportation related thereto privileged for a period not to exceed seven days after11
the occurrence of the meeting or event.12
(3) Except as otherwise provided in this Subsection, the The provisions of13
Paragraph (1) of this Section Subsection shall not apply to the records of any agency,14
office, or department transferred or placed within the office of the governor or to the15
records of any other executive branch agency.16
(2) Notwithstanding Paragraph (1) of this Subsection, a record limited to17
pre-decisional advice and recommendations to the governor concerning budgeting18
in the custody of any agency or department headed by an unclassified gubernatorial19
appointee shall be privileged for six months from the date such record is prepared.20
C. The provisions of Subsection B of this Section shall not prevent any21
person from inspecting, examining, and copying, or obtaining a reproduction of any22
records pertaining to any money or monies or any financial transactions in the23
control of or handled by or through the governor or the office of the governor.24
D. For purposes of this Section:25
(1) "Deliberative process" means the process by which decisions and policies26
are formulated.27
(2) "Internal staff of the governor" means the governor, chief of staff,28
executive counsel, director of policy, and employees under their supervision.29 HLS 10RS-98 ORIGINAL
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Internal staff shall not mean any person employed in any other executive agency,1
including those designated by state law as housed in or transferred to the office of2
the governor.3
(3) Records "relating to the deliberative process of the governor" means all4
forms of pre-decisional advice, opinions, deliberations, or recommendations made5
for the purpose of assisting the governor in the usual course of the duties and6
business of his office.7
E. Notwithstanding any provision of this Chapter, the state police shall8
maintain a travel log identifying the date and location of all travel by the governor9
in a state police helicopter, which record shall be available for inspection and10
copying in accordance with the provisions of this Chapter. Entries to the state police11
helicopter travel log shall be made within seven days after the date of travel.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
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)]
Waddell HB No. 307
Abstract: Makes all records of the governor's office subject to public records laws;
however, provides that a record of the governor's office that reflects certain specified
pre-decisional information created for the purpose of assisting the governor in the
formulation of a decision shall be privileged from disclosure. Further provides that
security sensitive information regarding the governor's, his spouse's, or his child's
schedule is confidential.
Present law provides that the laws relative to public records shall not apply to records having
been used, being in use, possessed, or retained for use by the governor in the usual course
of the duties and business of his office relating to the deliberative process of the governor,
intra-office communications of the governor and his internal staff, the governor's security
and schedule, or communications with or the security and schedule of the governor's spouse
or children. Present law provides definitions for "deliberative process", "relating to the
deliberative process of the governor", and "internal staff of the governor". HLS 10RS-98 ORIGINAL
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Present law specifies that the exemption does not apply to agencies transferred or placed
within the office of the governor; however, provides that a record limited to pre-decisional
advice and recommendations to the governor concerning budgeting in the custody of any
agency or department headed by an unclassified gubernatorial appointee shall be privileged
for six months from the date the record is prepared.
Present law provides that the exemption shall not prevent any person from examining and
copying any records pertaining to any money or monies or any financial transactions in the
control of or handled by or through the governor.
Present law requires state police to maintain a travel log identifying the date and location of
all travel by the governor in a state police helicopter, which record shall be available for
inspection and copying in accordance with the public records laws. Provides that entries to
the state police helicopter travel log shall be made within seven days after the date of travel.
Proposed law removes all of the above provisions of present law and provides instead that
the records of the office of the governor are public records and subject to the laws relative
to public records; however, proposed law provides that a record of the governor's office that
reflects pre-decisional mental impressions, advice, proposals, or opinions created for the
purpose of assisting the governor in the formulation of a decision in the usual course of the
duties and business of his office is privileged from disclosure. Proposed law further
provides that any record of the governor's office pertaining to the schedule of the governor,
his spouse, or his child which contains security details which if public may impair the safety
of the governor, his spouse, or his child shall be confidential; however, proposed law
provides that nothing in proposed law shall be interpreted or construed in a manner to make
all records concerning a meeting or event the governor attends and transportation related
thereto confidential. Allows the governor to keep a record concerning a meeting or event
the he attends and transportation related thereto privileged for a period not to exceed seven
days after the occurrence of the meeting or event.
Proposed law further specifies that nothing in proposed law, relative to the privileged nature
of certain records of the office of the governor, shall apply to the records of any agency,
office, or department transferred or placed within the office of the governor or to the records
of any other executive branch agency.
Proposed law additionally provides that the provisions of proposed law, relative to the
privileged or confidential nature of certain records, shall prevent any person from inspecting,
examining, copying, or obtaining a reproduction of any records pertaining to any money or
monies or any financial transactions in the control of or handled by or through the governor
or the office of the governor.
Present law provides penalties for violations of the public records laws and provides that a
person who has custody or control of a public record who violates the laws relative to public
records, or a person not having such custody or control who by any conspiracy,
understanding, or cooperation with any other person hinders or attempts to hinder the
inspection of any public record subject to inspection, shall upon first conviction be fined not
less than $100 and not more than $1,000, or shall be imprisoned for not less than one month
nor more than six months. Provides that upon a subsequent conviction, he shall be fined not
less than $250 and not more than $2,000, or imprisoned for not less than two months nor
more than six months, or both.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 44:5)