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Regular Session, 2010
HOUSE BILL NO. 501
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 the preservation of the5
records of the office of the governor; to provide for penalties; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 44:5 is hereby amended and reenacted to read as follows: 9
ยง5. Records of the governor10
A. This Chapter shall not apply to any records having been used, being in11
use, possessed, or retained for use by the governor in the usual course of the duties12
and business of his office relating to the deliberative process of the governor, intra-13
office communications of the governor and his internal staff, the governor's security14
and schedule, or communications with or the security and schedule of the governor's15
spouse or children.16
Records of the office of the governor shall be public records and shall be17
subject to the provisions of this Chapter.18 HLS 10RS-97 ORIGINAL
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B.(1) Except as otherwise provided in this Subsection, the provisions of this1
Section shall not apply to any agency, office, or department transferred or placed2
within the office of the governor.3
(2) Notwithstanding Paragraph (1) of this Subsection, a record limited to4
pre-decisional advice and recommendations to the governor concerning budgeting5
in the custody of any agency or department headed by an unclassified gubernatorial6
appointee shall be privileged for six months from the date such record is prepared.7
(a) Notwithstanding the provisions of Subsection A of this Section, any8
record of the office of the governor which reflects any form of pre-decisional advice9
to the governor for use in the usual course of his duties, including advisory opinions,10
recommendations, and deliberations, shall be confidential for a period of time11
established by the governor not to exceed ten years.12
(b) Notwithstanding the provisions of Subsection A of this Section, any13
record of the office of the governor pertaining to the schedule of the governor, his14
spouse, or his child which record contains security details which if public may impair15
the safety of the governor, his spouse, or his child shall be confidential for a period16
of time established by the governor not to exceed two years; however, nothing in this17
Subparagraph shall be interpreted or construed in a manner to make all details18
concerning the schedule of the governor, his spouse, or his child or the mode of19
transportation confidential.20
(2) When the office of the governor receives a request for a record made21
confidential pursuant to Paragraph (1) of this Subsection, the office shall include in22
the response to the request a statement of the length of time established by the23
governor for the record to remain confidential.24
C. (1) The office of the governor shall preserve all records of his office in25
accordance with law, including those records made confidential pursuant to26
Subsection B of this Section.27
(2) At the conclusion of the term of office of the governor, the governor shall28
transfer all records of his office either to the custody of the Department of State or29 HLS 10RS-97 ORIGINAL
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to the custody of a Louisiana public postsecondary educational institution selected1
by the governor.2
(3) A record that is transferred as provided by Paragraph (1) of this3
Subsection and that is made confidential pursuant to Subsection B of this Section4
shall remain confidential until the lapse of the time period established by the5
governor pursuant to Subsection B of this Section. After the lapse of the time period,6
the record shall be public and subject to inspection, examination, copying, and7
reproduction in the manner provided in this Chapter.8
D. The provisions of Subsections B or C of this Section shall not prevent any9
person from inspecting, examining, and copying, or obtaining a reproduction of any10
records pertaining to any money or monies or any financial transactions in the11
control of or handled by or through the governor or the office of the governor in12
accordance with the provisions of R.S. 44:31 and 32.13
D. For purposes of this Section:14
(1) "Deliberative process" means the process by which decisions and policies15
are formulated.16
(2) "Internal staff of the governor" means the governor, chief of staff,17
executive counsel, director of policy, and employees under their supervision.18
Internal staff shall not mean any person employed in any other executive agency,19
including those designated by state law as housed in or transferred to the office of20
the governor.21
(3) Records "relating to the deliberative process of the governor" means all22
forms of pre-decisional advice, opinions, deliberations, or recommendations made23
for the purpose of assisting the governor in the usual course of the duties and24
business of his office.25
E. Notwithstanding any provision of this Chapter, the state police shall26
maintain a travel log identifying the date and location of all travel by the governor27
in a state police helicopter, which record shall be available for inspection and28 HLS 10RS-97 ORIGINAL
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copying in accordance with the provisions of this Chapter. Entries to the state police1
helicopter travel log shall be made within seven days after the date of travel.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
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. 501
Abstract: Makes all records of the governor's office subject to public records laws. Allows
the governor to designate a record of his office which reflects pre-decisional advice
to the governor as confidential for a time period not to exceed 10 years and allows
the governor to designate certain security sensitive information regarding his, his
spouse's, or his child's schedule confidential for a time period not to exceed two
years. Requires the governor to transfer all records of his office at the conclusion of
his term of office to either the Dept. of State or a La. public postsecondary
educational institution of his selection.
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".
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 allows the governor to make any record of his HLS 10RS-97 ORIGINAL
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office which reflects any form of pre-decisional advice to the governor for use in the usual
course of his duties, including advisory opinions, recommendations, and deliberations,
confidential for a period of time not to exceed 10 years. Proposed law further allows the
governor to designate as confidential any record of the office of the governor pertaining to
the schedule of the governor, his spouse, or his child which contains security details which
may impair the safety of the governor, his spouse, or his child for a period of time not to
exceed two years. Proposed law specifies that when the office of the governor receives a
request for a record made confidential, the response to the request shall include a statement
of the length of time the record will remain confidential as established by the governor.
Proposed law further requires the office of the governor to preserve all records of his office
in accordance with law. Requires the governor to transfer records of his office either to the
Dept. of State or to a La. public postsecondary educational institution of his choice.
Proposed law provides that a record that is so transferred and that is made confidential by
the governor in accordance with proposed law shall remain confidential until the lapse of the
time period established by the governor.
Proposed law further specifies that neither the provisions of proposed law, relative to
confidentiality or the transfer of 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 in accordance with present law (R.S. 44:31 and 32).
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)