HLS 10RS-3316 ORIGINAL
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Approved
6-21-10
Regular Session, 2010
HOUSE CONCURRENT STUDY REQUEST NO. 7
BY REPRESENTATIVE LEGER
COMMITTEE STUDIES: Requests the governmental affairs committees to study public
records, including access, redaction, electronic records and copies, and fees
A CONCURRENT STUDY REQUEST1
To the House Committee on House and Governmental Affairs and the Senate Committee on2
Senate and Governmental Affairs to meet and function as a joint committee to study3
issues related to the application of the public records laws, the public's right of access4
to documents, the form of records and copies, redaction of information, fees, and5
enforcement of the public records laws, and to report the findings of the joint6
committee to the legislature by March 31, 2011.7
WHEREAS, Article XII, Section 3 of the Constitution of Louisiana provides that "No8
person shall be denied the right to observe the deliberations of public bodies and examine9
public documents, except in cases established by law"; and10
WHEREAS, the Legislature of Louisiana recognizes that it is essential to the11
maintenance of a democratic society that public business be performed in an open and public12
manner and that the citizens be advised and aware of the performance of public officials and13
the deliberations and decisions that go into the making of public policy; and 14
WHEREAS, R.S. 44:31 provides that any person of the age of majority may inspect,15
copy, or reproduce or obtain a reproduction of any public record and that any person may16
obtain a copy or reproduction of any public record, except as otherwise provided by law; and17
WHEREAS, because of the importance the legislature has given to transparency of18
governmental functions and public accessibility to the records created in the performance19
of such functions, the public records laws are very broad in application and apply to20 HLS 10RS-3316 ORIGINAL
HCSR NO. 7
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numerous types of records used or created during the performance of public functions or1
duties by a public body, except as otherwise provided by law; and2
WHEREAS, numerous public records contain information which is personal, private,3
or protected information that would be required to be redacted by the custodian of the record4
prior to providing the record; and5
WHEREAS, the prevalent use of technology by public entities has resulted in public6
records being created in many different electronic formats; and 7
WHEREAS, R.S. 44:32 provides that for all public records, except public records of8
state agencies, the custodian of the records may establish and collect reasonable fees for9
making copies of such records; and 10
WHEREAS, that same statute provides that fees charged for copies of all public11
records of state agencies shall be according to the uniform fee schedule adopted by the12
commissioner of administration; and13
WHEREAS, it may be helpful to public bodies and the citizens of this state for there14
to be a study of issues related to the application of the public records laws, the public's right15
of access to documents, and enforcement of the public records laws with the intention of16
clarifying some of these issues and of providing the most expeditious, efficient, and17
economical method of responding to public records requests.18
THEREFORE, the Legislature of Louisiana requests the House Committee on House19
and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs20
to meet and function as a joint committee to study issues related to the application of the21
public records laws, the public's right of access to documents, the form of records and22
copies, redaction of information, fees, and enforcement of the public records laws, and to23
report the findings of the joint committee to the legislature by March 31, 2011.24
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 HCSR No. 7
Requests the House and Senate committees on governmental affairs to study issues related
to the application of the public records laws, the public's right of access to documents, the HLS 10RS-3316 ORIGINAL
HCSR NO. 7
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form of records and copies, redaction of information, fees, and enforcement of the public
records laws, and to report its findings to the legislature by March 31, 2011.