ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
VETOED
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Veto Message
Regular Session, 2010
HOUSE BILL NO. 37
BY REPRESENTATIVE GARY SMITH
AN ACT1
To amend and reenact R.S. 44:36(D) and to enact R.S. 44:1(C), relative to public records;2
to reduce the time required for the Department of Public Safety and Corrections to3
retain records regarding adult offenders; to provide for records related to the4
Mississippi Canyon 252 - Deep Water Horizon Oil Spill; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 44:36(D) is hereby amended and reenacted and R.S. 44:1(C) is8
hereby enacted to read as follows: 9
§1. General definitions10
* * *11
C. Notwithstanding any provision of this Chapter, any records having been12
used, being in use, or retained for use by the office of the governor or any other13
executive branch agency in the usual course of the duties and business of the office14
or agency relating to the Mississippi Canyon 252 - Deepwater Horizon Oil Spill shall15
be made available for inspection and copying in accordance with the provisions of16
this Chapter. Notwithstanding any provision of law to the contrary, any records17
relating to the Mississippi Canyon 252 - Deepwater Horizon Oil Spill shall be18
maintained for a period of not less than ten years.19
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§36. Preservation of records21
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D. All existing records or records hereafter accumulated by the Department23
of Public Safety and Corrections, Correction Services corrections services, pertaining24
to any adult offender shall be retained and may not be destroyed until after ten six25 ENROLLEDHB NO. 37
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are additions.
years from the date the full term sentence imposed upon such offender expires, or six1
years from the date of death of the offender, whichever occurs first.2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: Page 3 of 3
VETO MESSAGE
House Bill 37 by Representative Gary Smith contains a provision which would require any
records relating to the Mississippi Canyon 252 – Deepwater Horizon Oil Spill that are used
or retained by any executive branch agency to be made available for inspection and copying.
For the following reasons, I have vetoed House Bill No. 37 and hereby return it to the House
of Representatives.
The Deepwater Horizon incident is a man-made event with responsible parties that will
create long-term challenges for the State of Louisiana. This bill would allow BP and other
parties with potential liability to the state to obtain information retained by any state agency
responding to this tragic event. Such access could impair the state’s legal position both in
responding to the disaster that is unfolding and in seeking remedies for economic injury and
natural resource damage.
For this reason, I have vetoed House Bill No. 37 and hereby return it to the House of
Representatives.