HLS 12RS-1088 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. 712
BY REPRESENTATIVE ST. GERMAIN
PUBLIC RECORDS: Provides relative to retention of public records
AN ACT1
To enact R.S. 44:411(A)(5), relative public records; to provide authority to the secretary of2
state to survey agency heads relative to the location of public records in their3
custody; to provide requirements; to provide for implementation; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:411(A)(5) is hereby enacted to read as follows: 7
ยง411. Selective retention of records; actions for recovery of records8
A. The secretary, acting through the state archivist, shall establish standards9
for the selective retention of records of continuing value, and monitor state and local10
agencies in the application of such standards to all records in their custody. To11
facilitate this application:12
* * *13
(5) The head of each agency, or his designated records officer, shall14
complete a survey by June thirtieth of every calendar year ending in an odd number15
listing, for each physical location, where media or records of the agency are stored16
the physical address and type of media or records at each location; and, if the records17
are not stored on the agency's premises, the vendor and contact information for the18
vendor including an agent name, phone number, and email address of each place19 HLS 12RS-1088 ORIGINAL
HB NO. 712
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
where the agency's records are stored. The survey shall be completed on a form1
provided by the secretary of state's office.2
* * *3
Section 2. The survey form required by this Act shall be created by the secretary of4
state's office and distributed to all agency heads no later ninety days prior to June 30, 2013.5
The first survey of each agency under the provisions of this Act shall be completed and6
submitted to the secretary of state's office by June 30, 2013. All subsequent surveys shall7
be completed pursuant to the provisions of this Act.8
Section 3. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
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)]
St. Germain HB No. 712
Abstract: Requires agency heads or their designee to complete a survey from the secretary
of state every two years listing each physical location and type of record stored by
the agency, as well as contact information for the off-site vendor if the record is not
stored on the agency's premises.
Present law (R.S. 44:36) provides for retention schedules for public records of agencies.
Proposed law retains present law.
Present law (R.S. 44:411) requires the state archivist to monitor the retention of records
deemed to have continuing value. To facilitate this requirement, proposed law requires each
agency head, or designated records officer, to complete a survey every two years listing the
physical location and the type of records stored at each location. If records are stored with
off-site vendors, proposed law requires the name of the vendor and certain contact
information for the vendor be included on the survey response.
Further provides for the implementation of proposed law. The first survey to be completed
under proposed law is to be returned to the secretary of state's office by June 30, 2013. The
forms for the survey are to be created by the secretary of state's office and submitted to each
agency head no later than 90 days prior to the required return date.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 44:411(A)(5))