HLS 12RS-1091 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. 791
BY REPRESENTATIVE ST. GERMAIN
PUBLIC RECORDS: Provides relative to the confidentiality of certain public records
AN ACT1
To enact R.S. 44:42, relative to public records; to provide relative to the confidentiality of2
certain records; to provide that certain confidential records become accessible to the3
public after a certain number of years; to provide exceptions; to provide for4
effectiveness; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:42 is hereby enacted to read as follows: 7
ยง42. Access to certain records8
Notwithstanding any provision of law to the contrary, a public record9
accessioned by the division of archives, records management, and history in the10
Department of State deemed to be confidential shall no longer be considered11
confidential and shall be accessible to the public after one hundred years from the12
date of its creation. This Section shall not apply to a record whose disclosure is13
prohibited by court order or federal law.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19 HLS 12RS-1091 ORIGINAL
HB NO. 791
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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. 791
Abstract: Provides that a confidential record required to be permanently retained becomes
accessible to the public 100 years after its creation unless disclosure of the record is
prohibited by court order or federal law.
Present law 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 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, are "public records", except as otherwise
provided in present law (R.S. 44:1 et seq. or the Const. of La.). Requires certain public
records to remain confidential. Provides requirements for retention of certain public records
by persons and public bodies having custody or control of such records.
Proposed law provides that notwithstanding any provision of present law to the contrary, a
public record accessioned (owned) by the state archives deemed to be confidential shall no
longer be considered confidential and shall be accessible to the public after 100 years from
the date of its creation. Provides that proposed law shall not apply to a record whose
disclosure is prohibited by court order or federal law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 44:42)