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Regular Session, 2010
SENATE BILL NO. 593
BY SENATOR ADLEY
PUBLIC RECORDS. Provides relative to records of the governor. (gov sig)
AN ACT1
To amend and reenact R.S. 44:5, relative to public records; to provide for the application of2
public records law to records of the office of the governor; to provide exceptions;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 44:5 is hereby amended and reenacted to read as follows: 6
ยง5. Records of the office of the governor7
A. This Chapter shall not apply to any records having been used, being in use,8
possessed, or retained for use by the governor in the usual course of the duties and9
business of his office relating to the deliberative process of the governor, intra-office10
communications of the governor and his internal staff, the governor's security and11
schedule, or communications with or the security and schedule of the governor's12
spouse or children. The legislature recognizes that it is essential to the13
maintenance of a democratic society that public business be performed in an14
open and public manner, and that the citizens be advised of and aware of the15
performance of public officials and the deliberations and decisions that go into16
making of public policy. Toward this end, the provisions of this Section, as well17 SB NO. 593
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as the rest of this Chapter, shall be construed liberally so as to facilitate rather1
than hinder access to public records.2
B. (1) Except as otherwise provided in this Subsection, the provisions of this3
Section shall not apply to any agency, office, or department transferred or placed4
within the office of the governor. Records of the office of the governor shall be5
public records and shall be subject to the provisions of this Chapter.6
(2) Notwithstanding Paragraph (1) of this Subsection, a record limited to7
pre-decisional advice and recommendations to the governor concerning budgeting8
in the custody of any agency or department headed by an unclassified gubernatorial9
appointee shall be privileged for six months from the date such record is prepared.10
Notwithstanding Paragraph (1) of this Subsection, a record of the office of the11
governor relating to executive deliberations of the governor and intra-office12
communications of the governor and his staff shall be privileged from13
disclosure. For purposes of this Paragraph:14
(a) "Deliberations" means the process by which decisions and policies15
are formulated.16
(b) Records "relating to executive deliberations of the governor" include17
all forms of pre-decisional advice, opinions, planning and consideration, or18
recommendations made for the purpose of assisting the governor in the usual19
course of the duties and business of his office.20
(3) Notwithstanding Paragraph (1) of this Subsection, any record of the21
office of the governor pertaining to the schedule of the governor, his spouse, or22
his child that contains security details that if made public may impair the safety23
of the governor, his spouse, or his child may be held confidential. However,24
nothing in this Paragraph shall be interpreted or construed in a manner to25
make confidential all records concerning a meeting or event that the governor26
attends and transportation related thereto. The governor may keep a record27
concerning a meeting or event that the governor attends and transportation28
related thereto privileged for a period not to exceed seven days after the29 SB NO. 593
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occurrence of the meeting or event.1
(4) The provisions of Paragraph (1) of this Subsection shall not apply to2
the records of any agency transferred or placed within the office of the governor3
or to the records of any other executive branch agency.4
(5) For purposes of this Subsection, "office of the governor" shall mean5
the governor, his chief of staff, and his executive counsel.6
C. The provisions of Subsection B of this Section shall not prevent any7
person from inspecting, examining, and copying, or obtaining a reproduction of8
any records record pertaining to any money or monies , any assets or items of9
economic value to the state, or any financial transactions in the control of or10
handled by or through the governor or the office of the governor.11
D. For purposes of this Section:12
(1) "Deliberative process" means the process by which decisions and policies13
are formulated.14
(2) "Internal staff of the governor" means the governor, chief of staff,15
executive counsel, director of policy, and employees under their supervision. Internal16
staff shall not mean any person employed in any other executive agency, including17
those designated by state law as housed in or transferred to the office of the18
governor.19
(3) Records "relating to the deliberative process of the governor" means all20
forms of pre-decisional advice, opinions, deliberations, or recommendations made21
for the purpose of assisting the governor in the usual course of the duties and22
business of his office. The governor and his internal staff shall preserve all23
records to which this Section is applicable and at the conclusion of his term of24
office, the governor shall transfer all such records to the custody of the archives25
division of the secretary of state. The exemption for such records shall continue26
in accordance with Subsection E of this Section. For purposes of this27
Subsection, "internal staff" of the governor includes the chief of staff, executive28
counsel, director of policy, legislative director, director of communications,29 SB NO. 593
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director of boards and commissions, special assistants to the governor, and1
members of their staffs, but shall not include any employee of any other agency,2
department, or office.3
E. Notwithstanding any provision of this Chapter, the state police shall4
maintain a travel log identifying the date and location of all travel by the governor5
in a state police helicopter, which record shall be available for inspection and6
copying in accordance with the provisions of this Chapter. Entries to the state police7
helicopter travel log shall be made within seven days after the date of travel. Any8
exemption granted by this Section shall lapse ten years after the creation of the9
record to which the exemption is applicable.10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
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 provides that present law does not apply to any 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.
Proposed law deletes these provisions of present law, and further provides expressly that
records of the office of the governor are public records and subject to the provisions of
present law.
Proposed law provides notwithstanding proposed law, a record of the office of the governor
relating to executive deliberations of the governor and intra-office communications of the
governor and his staff are be privileged from disclosure. For purposes of proposed law:
(1)"Deliberations" means the process by which decisions and policies are formulated.
(2)Records "relating to executive deliberations of the governor" include all forms of
pre-decisional advice, opinions, planning and consideration, or recommendations
made for the purpose of assisting the governor in the usual course of the duties and
business of his office.
Proposed law provides that any record of the office of the governor pertaining to the SB NO. 593
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schedule of the governor, his spouse, or his child that contains security details that if made
public may impair the safety of the governor, his spouse, or his child may be held
confidential. Proposed law further provides that nothing in proposed law is to be interpreted
or construed in a manner to make confidential all records concerning a meeting or event that
the governor attends and transportation related thereto. Proposed law further provides that
the governor may keep a record concerning a meeting or event that the governor attends and
transportation related thereto privileged for a period not to exceed seven days after the
occurrence of the meeting or event.
Proposed law provides that proposed law does not apply to the records of any agency
transferred or placed within the office of the governor or to the records of any other
executive branch agency.
Proposed law provides that "office of the governor" means the governor, his chief of staff,
and his executive counsel.
Present law provides that present law does 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 .
Proposed law retains present law and further provides that proposed law does not prevent
any person from also inspecting or obtaining a reproduction of any record pertaining to any
money or monies, any assets or items of economic value to the state, or any financial
transactions in the control of or handled by or through the governor or the office of the
governor.
Proposed law provides that the governor and his internal staff are to preserve all records to
which proposed law applies and at the conclusion of his term of office, the governor is to
transfer all such records to the custody of the archives division of the secretary of state.
Proposed law further provides that the exemption for such records continues in accordance
with proposed law. Proposed law provides that "internal staff" of the governor includes the
chief of staff, executive counsel, director of policy, legislative director, director of
communications, director of boards and commissions, special assistants to the governor, and
members of their staffs, but does not include any employee of any other agency, department,
or office.
Proposed law provides that any exemption granted by proposed law lapses 10 years after the
creation of the record to which the exemption is applicable.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 44:5)