HLS 12RS-1290 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. 784
BY REPRESENTATIVE RICHARD
PUBLIC RECORDS: Provides an exemption from public records law for certain
documents, electronic storage devices, and the contents of electronic storage devices
used by court reporters
AN ACT1
To enact R.S. 44:4(45), relative to records exempt from the public records law; to provide2
for an exemption for information contained on certain electronic devices used by3
court reporters; to provide for an exemption for certain physical medium used in or4
as an electronic storage device by a court reporter; to provide an exemption for5
certain paper documents created by court reporters; to provide for definitions; to6
provide for exceptions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 44:4(45) is hereby enacted to read as follows: 9
ยง4. Applicability10
This Chapter shall not apply:11
* * *12
(45)(a) To the physical medium or contents of any electronic storage device13
including any compact disc, digital video disc, jump drive, audio or video cassette14
tape, or any other type of electronic storage device, or to any shorthand or longhand15
notes or writings or stenotype paper tapes in the custody or under the control of a16
judge, clerk of court, certified official court reporter, deputy official court reporter,17
or certified electronic reporter and which are produced, made, or used by a certified18
official court reporter, deputy official court reporter, free lance reporter, or certified19 HLS 12RS-1290 ORIGINAL
HB NO. 784
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electronic reporter in any court of record of the state during any proceedings before1
that court to report the proceedings or for the purpose of transcribing into typewriting2
those portions of the proceedings required by law or by the court to be transcribed.3
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to4
the physical medium or contents of any electronic storage device if used or referred5
to in any hearing, administrative proceedings, or disciplinary proceeding, the record6
of which is public according to law, before the Judiciary Commission of Louisiana,7
the Office of Disciplinary Counsel, the Louisiana Attorney Disciplinary Board, the8
Board of Examiners of Certified Shorthand Reporters, or any board, hearing officer,9
or panel of such entities.10
(c) As used in this Paragraph, the terms "certified official court reporter",11
"deputy official court reporter", "free lance reporter", and "certified electronic12
reporter" shall have the same meanings as provided in R.S. 13:961and R.S. 37:2555.13
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)]
Richard HB No. 784
Abstract: Provides an exception to the public records law for certain electronic storage
devices, the contents of such storage devices, and certain paper documents created
by court reporters.
Present law (R.S. 44:1) establishes a broad definition for a "public record" (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 this 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 this state).
Proposed law retains present law.
Present law (R.S. 44:4) creates exemptions to this definition of "public record".
Proposed law retains present law and adds an exemption for physical electronic storage
mediums, as well as the contents thereof, and any paper documents generated by a court
reporter in the course of business for the purpose of reporting the court proceeding or
transcribing portions of the proceeding as required by law. HLS 12RS-1290 ORIGINAL
HB NO. 784
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CODING: Words in struck through type are deletions from existing law; words underscored
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Proposed law defines "court reporter" as in present law.
Proposed law further provides that the proposed law exemption shall not apply to the
electronic storage device, the contents thereof, or to the paper documents generated by a
court reporter if such items are used or referred to in any hearing, administrative
proceedings, or certain disciplinary proceeding.
(Adds R.S. 44:4(45))