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Regular Session, 2012 ENROLLED
SENATE RESOLUTION NO. 193
BY SENATOR MURRAY
A RESOLUTION
To urge and request the Senate and Governmental Affairs Committee to study whether and
to what extent the Public Records Law applies to certain communications 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.
WHEREAS, Article III, Section 8 of the Constitution of Louisiana provides in part
that "No member shall be questioned elsewhere for any speech in either house."; and
WHEREAS, the Louisiana Public Records Law provides that except as otherwise
provided by the Constitution of Louisiana or state law, "public records" include "(A)ll 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"; and
WHEREAS, in 1991, in Copsey vs. Baer, the Louisiana Supreme Court denied
review of the decision of the Court of Appeal, First Circuit which affirmed the decision of
the Nineteenth Judicial District Court which denied citizens' writ of mandamus and quashed
a subpoena duces tecum on ground that legislative materials were privileged, holding that:
(1) the legislative privileges and immunities clause of State Constitution prevailed over right
of public to examine legislative records under Public Records Law; (2) the legislative
privileges and immunities clause was "law", within meaning of except clause in provision
of State Constitution granting right to direct participation in deliberations of public bodies; SR NO. 193 ENROLLED
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and (3) the senators' files were "legislative acts" exempt from provisions of Public Records
Law pursuant to privileges and immunities clause; and
WHEREAS, questions have been raised as to whether or not 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 or a legislator in the usual course of the duties and business of the
legislature or a member's legislative office.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request 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.
BE IT FURTHER RESOLVED that the committee shall make a written report of its
findings to the Senate on or before March 1, 2013, together with any specific proposals for
legislation.
PRESIDENT OF THE SENATE