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Regular Session, 2012
SENATE RESOLUTION NO. 193
BY SENATOR MURRAY
SENATE. Requests Senate and Governmental Affairs Committee to study Public Records
Law and communications used, being in use, possessed, or retained for use by the legislature
or any legislative agency, committee, member, or employee in the usual course of the duties
and business of the legislature or a member's legislative office.
A RESOLUTION1
To urge and request the Senate and Governmental Affairs Committee to study whether and2
to what extent the Public Records Law applies to certain communications having3
been used, being in use, possessed, or retained for use by the legislature, or any4
legislative agency, committee, member, or employee in the usual course of the duties5
and business of the legislature or a member's legislative office.6
WHEREAS, Article III, Section 8 of the Constitution of Louisiana provides in part7
that "No member shall be questioned elsewhere for any speech in either house."; and8
WHEREAS, the Louisiana Public Records Law provides that except as otherwise9
provided by the Constitution of Louisiana or state law, "public records" include "(A)ll books,10
records, writings, accounts, letters and letter books, maps, drawings, photographs, cards,11
tapes, recordings, memoranda, and papers, and all copies, duplicates, photographs, including12
microfilm, or other reproductions thereof, or any other documentary materials, regardless13
of physical form or characteristics, including information contained in electronic data14
processing equipment, having been used, being in use, or prepared, possessed, or retained15
for use in the conduct, transaction, or performance of any business, transaction, work, duty,16
or function which was conducted, transacted, or performed by or under the authority of the17
constitution or laws of this state, or by or under the authority of any ordinance, regulation,18 SR NO. 193
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mandate, or order of any public body or concerning the receipt or payment of any money1
received or paid by or under the authority of the constitution or the laws of this state"; and2
WHEREAS, in 1991, in Copsey vs. Baer, the Louisiana Supreme Court denied3
review of the decision of the Court of Appeal, First Circuit which affirmed the decision of4
the Nineteenth Judicial District which denied citizens' writ of mandamus and quashed a5
subpoena duces tecum on ground that legislative materials were privileged, holding that:6
(1) the legislative privileges and immunities clause of State Constitution prevailed over right7
of public to examine legislative records under Public Records Law; (2) the legislative8
privileges and immunities clause was "law", within meaning of except clause in provision9
of State Constitution granting right to direct participation in deliberations of public bodies;10
and (3) the senators' files were "legislative acts" exempt from provisions of Public Records11
Law pursuant to privileges and immunities clause; and12
WHEREAS, questions have been raised as to whether or not the Public Records Law13
applies to communications, including any mail, electronic mail, short message service14
message, multi-media message or instant message, having been used, being in use,15
possessed, or retained for use by the legislature, or any legislative agency, committee,16
member, or employee or a legislator in the usual course of the duties and business of the17
legislature or a member's legislative office.18
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana19
does hereby urge and request the Senate and Governmental Affairs Committee to study20
whether and to what extent the Public Records Law applies to communications, including21
any mail, electronic mail, short message service message, multi-media message or instant22
message, having been used, being in use, possessed, or retained for use by the legislature,23
or any legislative agency, committee, member, or employee in the usual course of the duties24
and business of the legislature or a member's legislative office.25
BE IT FURTHER RESOLVED that the committee shall make a written report of its26
findings to the Senate on or before March 1, 2013, together with any specific proposals for27
legislation.28 SR NO. 193
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Murray SR No.
Requests the Senate and Governmental Affairs Committee to study whether and to what
extent the Public Records Law applies to communications, including any mail, electronic
mail, short message service message, multi-media message or instant message, having been
used, being in use, possessed, or retained for use by the legislature, or any legislative agency,
committee, member, or employee in the usual course of the duties and business of the
legislature or a member's legislative office. Requires written report to the Senate on or
before March 1, 2013.