HLS 12RS-751 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 756
BY REPRESENTATIVE ABRAMSON
PUBLIC RECORDS: Exempts certain materials created pursuant to academic research and
higher education from disclosure under the Public Records Law
AN ACT1
To enact R.S. 44:4(16)(e) through (j), relative to public records; to provide relative to2
records of boards or institutions of higher learning; to exempt certain records from3
the Public Records Law; to provide for effectiveness; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:4(16)(e) through (j) are hereby enacted to read as follows: 7
ยง4. Applicability8
This Chapter shall not apply:9
* * *10
(16) To the following records of a board or institution of higher learning, in11
accordance with rules and regulations promulgated by the Board of Trustees for State12
Colleges and Universities, the Board of Supervisors of Louisiana State University13
and Agricultural and Mechanical College, and the Board of Supervisors of Southern14
University and Agricultural and Mechanical College, or their successors, in15
conjunction with the Board of Regents, for programs and institutions under their16
supervision and management, unless access to the records is specifically required by17
state or federal statute or is ordered by a court under rules of discovery:18
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HB NO. 756
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(e) Materials or records developed, discovered, disclosed to, or received by1
or on behalf of faculty, staff, or employees of an institution that have previously been2
the subject of a denied discovery request.3
(f) Test questions, scoring keys, and other examination data pertaining to the4
administration of an academic examination.5
(g) Information contained on individual admission applications to the extent6
disclosure would reveal the identity of the applicant.7
(h) Materials and records from disciplinary proceedings against a student to8
the extent disclosure would reveal the identity of the student.9
(i) Teaching materials used by faculty that are not provided to students,10
including unpublished lecture notes, outlines, PowerPoint slides, syllabi, or11
recordings.12
(j) Data, records, or information that are produced or collected by or for13
faculty, staff, or researchers of a state institution of higher learning in the conduct or14
as a result of study or research on an educational, commercial, scientific, artistic,15
technical, or scholarly issue, and that has not been publicly released, published, or16
patented, regardless of whether the study or research was sponsored by the institution17
alone or in conjunction with a governmental body or private concern. Such data,18
records, or information include but are not limited to unpublished notes, data, and19
information related to research, unpublished manuscripts, creative works in process,20
scholarly correspondence, email, and confidential information contained in research21
proposals.22
* * *23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 HLS 12RS-751 ORIGINAL
HB NO. 756
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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)]
Abramson HB No. 756
Abstract: Exempts certain materials created pursuant to academic research and higher
education from disclosure under Public Records Law.
Present law (Public Records Law, R.S. 44:1, et seq.) provides that all books, records,
writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes,
recordings, memoranda, and papers, and all copies, duplicates, photographs, including
microfilm, or other reproductions thereof, or any other documentary materials, 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.
Present law provides that the Public Records Law does not apply to certain records of a
board or institution of higher learning, in accordance with rules and regulations promulgated
by the higher education management boards in conjunction with the Board of Regents, for
programs and institutions under their supervision and management, unless access to the
records is specifically required by state or federal statute or is ordered by a court under rules
of discovery. Includes the following:
(1)Trade secrets and commercial or financial information obtained from a person, firm,
or corporation, pertaining to research or to the commercialization of technology,
including any such information designated as confidential by such person, firm, or
corporation, but not including any such information relating to the identity of
principals, officers, or individuals and entities directly or indirectly owning or
controlling an entity other than a publicly held entity, or the identity of principals,
officers, or individuals and entities directly owning or controlling five percent or
more of a publicly held entity.
(2)Data, records, or information produced or collected by or for faculty or staff of state
institutions of higher learning in the conduct of or as a result of, study or research on
commercial, scientific, or technical subjects of a patentable or licensable nature,
whether sponsored by the institution alone or in conjunction with a governmental
body or private concern, until such data, records, or information have been publicly
released, published, or patented.
(3)Those portions of research proposals, supporting documentation and information,
submitted by an institution of higher learning to the Board of Regents' La. Education
Quality Support Fund Program, which have been certified by the institution as
containing data, information, ideas, or plans of a potentially patentable or licensable
nature, including any discussions or written comments concerning such information HLS 12RS-751 ORIGINAL
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by reviewers of the proposals, but not including reviewer ratings, until such data,
records, or information have been publicly released, published, or patented.
(4)Those portions of private document collections donated to state institutions of higher
learning for historical research or preservation purposes, which are designated by the
donor to have restricted access for a specific period of time.
Proposed law retains present law and adds the following to the exemption:
(1)Materials or records developed, discovered, disclosed to, or received by or on behalf
of faculty, staff, or employees of an institution that have previously been the subject
of a denied discovery request.
(2)Test questions, scoring keys, and other examination data pertaining to the
administration of an academic examination.
(3)Information contained on individual admission applications to the extent disclosure
would reveal the identity of the applicant.
(4)Materials and records from disciplinary proceedings against a student to the extent
disclosure would reveal the identity of the student.
(5)Teaching materials used by faculty that are not provided to students, including
unpublished lecture notes, outlines, PowerPoint slides, syllabi, or recordings.
(6)Data, records, or information that are produced or collected by or for faculty, staff,
or researchers of a state institution of higher learning in the conduct or as a result of
study or research on an educational, commercial, scientific, artistic, technical, or
scholarly issue, and that has not been publicly released, published, or patented,
regardless of whether the study or research was sponsored by the institution alone
or in conjunction with a governmental body or private concern. Such data, records,
or information include, but are not limited to, unpublished notes, data, and
information related to research, unpublished manuscripts, creative works in process,
scholarly correspondence, email, and confidential information contained in research
proposals.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 44:4(16)(e)-(j))