HLS 11RS-596 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 73
BY REPRESENTATIVE SMILEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS: Permits state agencies to store records electronically
AN ACT1
To amend and reenact R.S. 44:39(A)(2), relative to microfilm and electronic digitized2
records; to eliminate the maintenance of an original source document or microfilm3
of such source document; to accept electronic digitized records as a method of record4
preservation; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:39(A)(2) is hereby amended and reenacted to read as follows: 7
ยง39. Microfilm and electronic digitized records; use as evidence8
A.9
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(2)(a) However, when electronic digitizing is utilized, the original source11
document or microfilm of such source document shall be maintained until such time12
as electronic digitizing is recognized as an acceptable means of records preservation.13
(b) Notwithstanding the provisions of this Subsection, the agencies and14
entities set forth in this Subparagraph Electronic digitization of public records is15
recognized as an acceptable means of preservation of public records. State agencies16
shall not be required to maintain the original source document or microfilm thereof17
when such document has been preserved utilizing electronic digitizing pursuant to18
written operating standards providing for retention and back-up schedules in19 HLS 11RS-596 ORIGINAL
HB NO. 73
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
accordance with recognized computer operating practices which at a minimum1
provide the technical equivalent of back-up copies:.2
(i) Public safety services within the Department of Public Safety and3
Corrections.4
(ii) All public retirement systems, plans, and funds.5
(iii) Any further exceptions to the provision to maintain original source6
documents or microfilm thereof under this Subsection must be approved in writing7
by the state archivist.8
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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)]
Smiley HB No. 73
Abstract: Provides for state agencies to use electronic digitization of public records as the
sole source of preservation of such records.
Present law provides that when electronic digitizing is utilized, the original source document
or microfilm of such source document shall be maintained until such time as electronic
digitizing is recognized as an acceptable means of records preservation.
Proposed law deletes present law.
Present law requires certain state agencies to maintain the original source document or
microfilm thereof when such document has been preserved utilizing electronic digitizing
pursuant to written operating standards, which at a minimum provide the technical
equivalent of back-up copies. Further provides that any further exceptions to maintain
original source documents or microfilm must be approved in writing by the state archivist.
Proposed law provides for recognization of electronic digitization of public records as an
acceptable means of preservation of public records. Proposed law further provides that all
state agencies shall not be required to maintain the original source document or microfilm
thereof when such document has been preserved utilizing electronic digitizing pursuant to
written operating standards providing for retention and back-up schedules in accordance
with recognized computer operating practices, which at a minimum provide the technical
equivalent of back-up copies.
(Amends R.S. 44:39(A)(2))