HLS 12RS-115 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 291
BY REPRESENTATIVE RICHARD
PUBLIC RECORDS: Provides relative to records of office of the governor
AN ACT1
To enact R.S. 44:5.1 and to repeal R.S. 44:5, relative to public records; to provide for the2
application of the laws relative to public records to the records of the governor and3
the office of the governor; to provide for the transfer of the records to state archives;4
to provide certain exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:5.1 is hereby enacted to read as follows: 7
ยง5.1. Records of the office of the governor8
A. The legislature recognizes that it is essential to the maintenance of a9
democratic society that public business be performed in an open and public manner10
and that the citizens be advised and aware of the performance of public officials and11
the deliberations and decisions that go into making public policy. Toward this end,12
the provisions of this Section, as well as the rest of this Chapter, shall be construed13
liberally so as to facilitate, rather than hinder, access to public records.14
B. Records of the office of the governor shall be public records and shall be15
subject to the provisions of this Chapter.16
C.(1) Notwithstanding Subsection B of this Section, a record of the office17
of the governor that is an intraoffice communication between the governor and his18
staff shall be privileged from disclosure.19 HLS 12RS-115 ORIGINAL
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(2)(a) Notwithstanding Subsection B of this Section, any record of the office1
of the governor pertaining to the schedule of the governor, his spouse, or his child2
that contains security details that if made public may endanger the governor, his3
spouse, or his child may be held confidential for a period not to exceed seven days4
following the scheduled event.5
(b) Notwithstanding Subsection B of this Section, the governor may keep6
a record concerning a meeting or event that the governor attends and transportation7
related thereto confidential for a period not to exceed seven days after the occurrence8
of the meeting or event.9
(c) Nothing in this Paragraph shall be interpreted or construed in a manner10
to make confidential all records concerning a meeting or event that the governor11
attends and transportation related thereto.12
(3) For purposes of this Subsection, "office of the governor" means the13
governor, his chief of staff, and his executive counsel.14
D. The provisions of Subsection C of this Section shall not prevent any15
person from inspecting, examining, copying, or obtaining a reproduction of any16
record pertaining to any money or monies, any assets or items of economic value to17
the state, or any financial transactions in the control of or handled by or through the18
governor or the office of the governor.19
E. All records of the office of the governor shall be retained and preserved20
in the manner provided by this Chapter. The governor and his internal staff shall21
preserve all records that are privileged in accordance with Subsection C of this22
Section and any other records of the office of the governor of historical value as23
determined by the state archivist, and at the conclusion of his term of office, the24
governor shall transfer all such records to the custody of the archives division of the25
secretary of state. Any privilege from disclosure granted by this Section for such26
records shall continue in accordance with Subsection F of this Section. For purposes27
of this Subsection, "internal staff" of the governor includes the governor's chief of28
staff, executive counsel, and director of policy and employees who work for each of29 HLS 12RS-115 ORIGINAL
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these persons but does not include any employee of any other agency, department,1
or office.2
F. Any privilege from disclosure granted by this Section shall lapse ten years3
after the creation of the record to which the privilege is applicable. In the event the4
date of creation of the record is unknown by the state archivist after receipt of the5
records as pursuant to Subsection E of this Section, the record shall be available to6
the public and subject to inspection, examination, copying, and reproduction in7
accordance with R.S. 44:417 after the lapse of ten years from the receipt of the8
record.9
Section 2. R.S. 44:5 is hereby repealed in its entirety.10
Section 3. The Louisiana State Law Institute is hereby directed to change the11
reference of "R.S. 44:5" to "R.S. 44:5.1" in R.S. 29:725.2(B) .12
Section 4. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
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)]
Richard HB No. 291
Abstract: Makes all records of the governor's office subject to public records laws.
Provides that certain records of the office of the governor relating to intraoffice
communications are privileged. Requires the governor to transfer certain records of
his office at the conclusion of his term of office to archives division of the secretary
of state. Provides that any privilege from disclosure shall lapse after 10 years of the
creation of the record or, if unknown, from date of receipt by archives.
Present law (R.S. 44:5) provides that the laws relative to public records shall not apply to
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, intraoffice 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. Present law provides definitions for "deliberative process",
"relating to the deliberative process of the governor", and "internal staff of the governor". HLS 12RS-115 ORIGINAL
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Present law specifies that the exemption does not apply to agencies transferred or placed
within the office of the governor; however, provides that a record limited to pre-decisional
advice and recommendations to the governor concerning budgeting in the custody of any
agency or department headed by an unclassified gubernatorial appointee shall be privileged
for six months from the date the record is prepared.
Present law provides that the exemption shall 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.
Present law requires state police to maintain a travel log identifying the date and location of
all travel by the governor in a state police helicopter, which record shall be available for
inspection and copying in accordance with the public records laws. Provides that entries to
the state police helicopter travel log shall be made within seven days after the date of travel.
Proposed law repeals all of the above provisions of present law and provides instead 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 which is an intraoffice communication between the governor and his staff shall be
privileged from disclosure. Proposed law further 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 endanger 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 the governor may keep a record concerning a
meeting or event that he attends and transportation related thereto confidential for a period
not to exceed seven days after the occurrence of the meeting or event. Proposed law
provides for these purposes that "office of the governor" means the governor, his chief of
staff, and his executive counsel. 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 specifies that the above provisions of proposed law shall not prevent any
person from inspecting, copying, or obtaining a reproduction of any record pertaining to
money or monies, 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 specifies that all records of the office of the governor are to be retained and
preserved in the manner provided by the Public Records Law and further provides that the
governor and his internal staff (the governor's chief of staff, executive counsel, and director
of policy and employees who work for each of these persons, but not employees of any other
agency, department, or office) are to preserve all records to which proposed law privilege
applies and any other record of the office of the governor of historical value as determined
by the state archivist, 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 provides that any privilege granted by proposed law lapses 10 years after the
creation of the record to which the privilege is applicable. Proposed law further provides
that if the date of creation of a record is unknown, then the record shall become available 10
years after receipt by the state archivist in accordance with present law (R.S. 44:417).
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 44:5.1; Repeals R.S. 44:5)