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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 32
BY SENATOR MORRELL
PUBLIC RECORDS. Provides that state government emails are public records and requires
public servants to execute written acknowledgement that such emails are considered public.
(1/1/11)
AN ACT1
To amend and reenact 44:1(A)(2)(a) and to enact R.S. 44:1(A)(2)(c), relative to public2
records; to provide that information transmitted by electronic mail shall be a public3
record; to provide for the execution of a written acknowledgment by public servants4
that electronic mail shall be considered a public record; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 44:1(A)(2)(a) is hereby amended and reenacted and R.S.8
44:1(A)(2)(c) is hereby enacted to read as follows: 9
ยง1. General definitions10
A.(1) * * *11
(2)(a) All books, records, writings, accounts, letters and letter books,12
electronic mail, maps, drawings, photographs, cards, tapes, recordings, memoranda,13
and papers, and all copies, duplicates, photographs, including microfilm, or other14
reproductions thereof, or any other documentary materials, regardless of physical15
form or characteristics, including information contained in electronic data processing16
equipment, having been used, being in use, or prepared, possessed, or retained for17 SB NO. 32
SLS 10RS-230 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
use in the conduct, transaction, or performance of any business, transaction, work,1
duty, or function which was conducted, transacted, or performed by or under the2
authority of the constitution or laws of this state, or by or under the authority of any3
ordinance, regulation, mandate, or order of any public body or concerning the receipt4
or payment of any money received or paid by or under the authority of the5
constitution or the laws of this state, are "public records", except as otherwise6
provided in this Chapter or the Constitution of Louisiana.7
* * *8
(c) Every "public servant" as defined by R.S. 42:1102(19) shall execute,9
before March 1, 2011, a written acknowledgment that the public servant has no10
expectation of privacy as it relates to any information transmitted or received11
through electronic mail systems provided by any public body and that any such12
electronic mail is subject to the provisions of this Chapter. All electronic mail13
composed or transmitted as of the date of the public servant's execution of the14
acknowledgment and following shall be subject to the terms of the15
acknowledgment. It shall be the responsibility of the "agency" of the public16
servant, as defined by R.S. 42:1102(2), to distribute the acknowledgment to each17
public servant for execution and to collect the acknowledgment upon execution18
by the public servant. The agency of the public servant shall be the official19
custodian of the executed acknowledgment.20
* * *21
Section 2. Prior to the effective date of this Act, the Board of Ethics shall promulgate22
the acknowledgment form required by this Act in accordance with the Administrative23
Procedure Act.24
Section 3. This Act shall become effective on January 1, 2011.25
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law defines "public records" as "books, records, writings, accounts, letters and letter
books, maps, drawings, photographs, cards, tapes, recordings, memoranda, and papers, and SB NO. 32
SLS 10RS-230 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or
any other documentary materials, regardless of physical form or characteristics, including
information contained in electronic data processing equipment, having been used, being in
use, or prepared, possessed, or retained for use in the conduct, transaction, or performance
of any business, transaction, work, duty, or function which was conducted, transacted, or
performed by or under the authority of the constitution or laws of this state, or by or under
the authority of any ordinance, regulation, mandate, or order of any public body or
concerning the receipt or payment of any money received or paid by or under the authority
of the constitution or the laws of this state."
Proposed law provides that "electronic mail" is specifically included in the definition of
"public records" contained in present law. Proposed law otherwise retains present law.
Proposed law provides that every "public servant" must execute, before March 1, 2011, a
written acknowledgment that the public servant has no expectation of privacy as it relates
to any information transmitted or received through electronic mail systems provided by state
government, and that any such electronic mail is subject to the provisions of present law.
Proposed law provides that all electronic mail composed or transmitted as of the date of the
public servant's execution of the acknowledgment required by proposed law will be subject
to the terms of the acknowledgment.
Proposed law provides that the public servant's "agency" will distribute the acknowledgment
form for execution and collect the executed form from each public servant, and will be the
official custodian of the form.
Proposed law provides that the Board of Ethics is to promulgate the acknowledgment form
prior to the effective date of proposed law.
Effective January 1, 2011.
(Amends R.S. 44:1(A)(2)(a); adds R.S. 44:1(A)(2)(c))