HLS 12RS-1206 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 699
BY REPRESENTATIVE STUART BISHOP
PUBLIC RECORDS: Provides that certain electronic mail addresses obtained through
certain corporate and association filings are confidential
AN ACT1
To enact R.S. 12:2.1 and R.S. 44:4.1(B)(37), relative to the confidentiality of certain2
records; to provide that certain electronic mail addresses obtained through certain3
corporate and association filings are confidential; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. This Act shall be known and may be cited as "The Business Identity Theft6
Prevention Act".7
Section 2. R.S. 12:2.1 is hereby enacted to read as follows: 8
§2.1 Electronic mail addresses; confidentiality9
Any electronic mail addresses submitted to or captured by the secretary of10
state pursuant to the provisions of this Title shall be confidential.11
Section 3. R.S. 44:4.1(B)(37) is hereby enacted to read as follows: 12
§4.1. Exceptions13
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B. The legislature further recognizes that there exist exceptions, exemptions,15
and limitations to the laws pertaining to public records throughout the revised16
statutes and codes of this state. Therefore, the following exceptions, exemptions, and17
limitations are hereby continued in effect by incorporation into this Chapter by18
citation:19
* * *20 HLS 12RS-1206 ORIGINAL
HB NO. 699
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(37) R.S. 12:2.11
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Section 4. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
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)]
Stuart Bishop HB No. 699
Abstract: Creates "The Business Identity Theft Prevention Act" and provides that certain
electronic mail addresses obtained through certain corporate and association filings
with the secretary of state are confidential.
Present law (Public Records Law, R.S. 44:1, et seq.) provides that certain documents, data,
and information, 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 the 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 the state, are "public records". Present law establishes the framework for the
ready availability of public records to requesting persons, and specifically provides that it
is the duty of the custodian of the public records for a public entity or agency to provide
copies to persons so requesting. Present law provides for certain exceptions, exemptions,
and limitations.
Proposed law provides that any electronic mail addresses submitted to or captured by the
secretary of state pursuant to the provisions of present law (Title 12 of the Louisiana Revised
Statutes of 1950) shall be confidential. and recognizes the limitation on such electronic mail
addresses in the Public Records Law. Proposed law provides that proposed law shall be
known and may be cited as "The Business Identity Theft Prevention Act".
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 12:2.1 and R.S. 44:4.1(37))