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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 672
BY REPRESENTATIVE LEGER
PUBLIC RECORDS: Requires that copies of public records be provided in an electronic
format unless it creates an undue burden on the custodian or compromises the
security of proprietary software
AN ACT1
To amend and reenact R.S. 44:32(C)(1)(a) and (2), relative to the production of public2
records; to require copies of public records to be delivered in an electronic format3
except under certain circumstances; to provide relative to the fees for such copies;4
to provide for penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:32(C)(1)(a) and (2) are hereby amended and reenacted to read as7
follows:8
ยง32. Duty to permit examination; prevention of alteration; payment for overtime;9
copies provided; fees.10
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C.(1)(a) For all public records, except public records of state agencies, it12
shall be the duty of the custodian of such public records to provide copies to persons13
so requesting. Copies of a public record shall be delivered in an electronic format14
unless paper copies are requested; however, the custodian shall not be required to15
deliver a copy of the record in an electronic format if delivery in an electronic format16
would create an undue burden on the custodian or would compromise the security17
of any proprietary software. The custodian bears the burden of proving that a18
requested record cannot be delivered in an electronic format because it would create19 HLS 10RS-1290 ORIGINAL
HB NO. 672
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are additions.
an undue burden or would compromise the security of any proprietary software. The1
custodian may charge only actual costs incurred for delivery of a record in an2
electronic format but may establish and collect reasonable fees for making other3
copies of public records. Copies of records may be furnished without charge or at4
a reduced charge to indigent citizens of this state.5
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(2) For all public records of state agencies, it shall be the duty of the7
custodian of such records to provide copies to persons so requesting. Copies of a8
public record shall be delivered in an electronic format unless paper copies are9
requested; however, the custodian shall not be required to deliver a copy of the10
record in an electronic format if delivery in an electronic format would create an11
undue burden on the custodian or would compromise the security of any proprietary12
software. The custodian bears the burden of proving that a requested record cannot13
be delivered in an electronic format because it would create an undue burden or14
would compromise the security of any proprietary software. Fees for such copies15
shall be charged according to the uniform fee schedule adopted by the commissioner16
of administration, as provided by R.S. 39:241. Copies shall be provided at fees17
according to the schedule, except for copies of public records the fees for the18
reproduction of which are otherwise fixed by law. Copies of records may be19
furnished without charge or at a reduced charge to indigent citizens of this state or20
the persons whose use of such copies, as determined by the custodian, will be limited21
to a public purpose, including but not limited to use in a hearing before any22
governmental regulatory commission.23
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HB NO. 672
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Leger HB No. 672
Abstract: Requires that copies of public records be provided in an electronic format unless
it creates an undue burden on the custodian or compromises the security of
proprietary software. Provides that certain custodians may only charge the actual
cost for delivery of the record in an electronic format.
Present law (R.S. 44:1 et seq.) provides that any person of the age of majority may inspect,
copy, or reproduce such a record and provides that any person may obtain a reproduction of
any public record. Provides procedures for request and presentation of the record requested.
Provides that it is the duty of the custodian of a public record to provide copies to persons
so requesting. Authorizes the custodian of a public record (except those of state agencies)
to establish and collect reasonable fees for making copies of public records. For public
records of state agencies, provides that the fees charged for copies shall be according to the
uniform fee schedule adopted by the commissioner of administration.
Proposed law requires copies of a public record to be delivered in an electronic format unless
paper copies are requested. Provides that the custodian shall not be required to deliver a
copy of the record in an electronic format if delivery in an electronic format would create
an undue burden or would compromise the security of any proprietary software. Specifies
that the custodian bears the burden of proving that a requested record cannot be delivered
in an electronic format because it would create an undue burden or would compromise the
security of any proprietary software. For public records other than records of state agencies
provides that the custodian may charge only actual costs incurred for delivery of a record in
an electronic format and otherwise retains present law provisions regarding fees for other
copies, including those of state agencies.
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.
(Amends R.S.44:32(C)(1)(a) and (2))