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Regular Session, 2011
SENATE BILL NO. 57
BY SENATOR ADLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS. Provides relative to the 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 be aware of the15
performance of public officials and the deliberations and decisions that go into16
making public policy. Toward this end, the provisions of this Section, as well17 SB NO. 57
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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 may 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 for a period24
not to exceed seven days following the scheduled event. However, nothing in25
this Paragraph shall be interpreted or construed in a manner to make26
confidential all records concerning a meeting or event that the governor attends27
and transportation related thereto. The governor may keep a record28
concerning a meeting or event that the governor attends and transportation29 SB NO. 57
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related thereto privileged for a period not to exceed seven days after the1
occurrence of the meeting or event.2
(4) The provisions of Paragraph (2) of this Subsection shall not apply to3
the records of any agency transferred or placed within the office of the governor4
or to the records of any other executive branch agency.5
(5) The provisions of Paragraph (2) of this Subsection shall not apply to6
any record of the office of the governor relative to fiscal or budgetary matters.7
(6) For purposes of this Subsection, "office of the governor" means the8
governor, his chief of staff, and his executive counsel.9
C. The provisions of Subsection B of this Section shall not prevent any10
person from inspecting, examining, and copying, or obtaining a reproduction of11
any records record pertaining to any money or monies, any assets or items of12
economic value to the state, or any financial transactions in the control of or13
handled by or through the governor or the office of the governor.14
D. For purposes of this Section:15
(1) "Deliberative process" means the process by which decisions and policies16
are formulated.17
(2) "Internal staff of the governor" means the governor, chief of staff,18
executive counsel, director of policy, and employees under their supervision. Internal19
staff shall not mean any person employed in any other executive agency, including20
those designated by state law as housed in or transferred to the office of the21
governor.22
(3) Records "relating to the deliberative process of the governor" means all23
forms of pre-decisional advice, opinions, deliberations, or recommendations made24
for the purpose of assisting the governor in the usual course of the duties and25
business of his office. The governor and his internal staff shall preserve all26
records to which this Section is applicable and at the conclusion of his term of27
office, the governor shall transfer all such records to the custody of the archives28
division of the secretary of state. Any exemption granted by this Section for29 SB NO. 57
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such records shall continue in accordance with Subsection E of this Section. For1
purposes of this Subsection, "internal staff" of the governor includes the2
governor's chief of staff, executive counsel, and director of policy, but shall not3
include any employee of any other agency, department, or office.4
E. Notwithstanding any provision of this Chapter, the state police shall5
maintain a travel log identifying the date and location of all travel by the governor6
in a state police helicopter, which record shall be available for inspection and7
copying in accordance with the provisions of this Chapter. Entries to the state police8
helicopter travel log shall be made within seven days after the date of travel. Any9
exemption granted by this Section shall lapse ten years after the creation of the10
record to which the exemption is applicable. After the lapse of ten years, the11
records of the office of the governor, as maintained by the state archivist and12
deposited with the state archives program pursuant to R.S. 44:417, shall be13
public record.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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 relative to public records 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 that relate 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 relative to public records.
Proposed law provides that, 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 may be privileged from disclosure, but this privilege does not SB NO. 57
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apply to any record of the office of the governor relative to fiscal matters.
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
schedule of the governor or that of his spouse or child that contains security details that if
made public may impair the safety of the governor or his spouse or child may be held
confidential for a period not to exceed seven days following the scheduled event. 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 he 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 or the office of the governor .
Proposed law retains present law, and adds that proposed law does not prevent any person
from 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 (the governor's chief of staff,
executive counsel, and director of policy, but not employees of any other agency,
department, or office) 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 any
exemption for such records continues in accordance with proposed law.
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. Proposed law further provides
that after the lapse of 10 years, the records of the office of the governor, as maintained by
the state archivist and deposited with the state archives program pursuant to present law, are
public record.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 44:5)