HLS 13RS-240 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 19
BY REPRESENTATIVE RICHARD AND SENATOR GALLOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS: Provides relative to records of the office of the governor
AN ACT1
To enact R.S. 44:5.1 and to repeal R.S. 44:5, relative to public records; to provide for the2
application of the laws relative to public records to the records of the governor and3
the office of the governor; to provide for the transfer of the records to state archives;4
to provide certain exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:5.1 is hereby enacted to read as follows: 7
ยง5.1. Records of the office of the governor8
A. The legislature recognizes that it is essential to the maintenance of a9
democratic society that public business be performed in an open and public manner10
and that the citizens be advised and aware of the performance of public officials and11
the deliberations and decisions that go into making public policy. Toward this end,12
the provisions of this Section, as well as the other provisions of this Chapter, shall13
be construed liberally so as to facilitate, rather than hinder, access to public records.14
B. Records of the office of the governor shall be public records and shall be15
subject to the provisions of this Chapter.16
C.(1) Notwithstanding Subsection B of this Section, a record of the executive17
office of the governor that is an intraoffice communication between the governor and18
his staff shall be privileged from disclosure.19 HLS 13RS-240 ORIGINAL
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(2) For purposes of this Subsection, "executive office of the governor" means1
the governor, his chief of staff, and his executive counsel.2
(3)(a) Notwithstanding Subsection B of this Section, any record of the office3
of the governor pertaining to the schedule of the governor, his spouse, or his child4
that contains security details that if made public may endanger the governor, his5
spouse, or his child may be held confidential for a period not to exceed seven days6
following the scheduled event.7
(b) Notwithstanding Subsection B of this Section, the governor may keep a8
record concerning a meeting or event that the governor attends and transportation9
related thereto confidential for a period not to exceed seven days after the occurrence10
of the meeting or event.11
(c) Nothing in this Paragraph shall be interpreted or construed in a manner12
to make confidential all records concerning a meeting or event that the governor13
attends and transportation related thereto.14
(4)(a) When the office of the governor receives a request for a record that is15
privileged pursuant to this Subsection, the governor may either waive the privilege16
and allow the inspection, examining, copying, or reproduction of the record in the17
manner provided by this Chapter, or the governor may claim the privilege, and the18
response in writing to the requestor shall state his claim along with the period of time19
the governor intends the record to remain privileged which period shall not exceed20
ten years.21
(b) When the office of the governor receives a request for a record that is22
confidential pursuant to this Subsection, the record shall be made available for23
inspection, examining, copying, or reproduction as soon as the period of24
confidentiality lapses.25
D. The provisions of Subsection C of this Section shall not prevent any26
person from inspecting, examining, copying, or obtaining a reproduction of any27
record pertaining to any money or monies, any assets or items of economic value to28 HLS 13RS-240 ORIGINAL
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the state, or any financial transactions in the control of or handled by or through the1
governor or the office of the governor.2
E. All records of the office of the governor shall be retained and preserved3
in the manner provided by this Chapter. The governor and his internal staff shall4
preserve all records that are privileged in accordance with Subsection C of this5
Section and any other records of the office of the governor of historical value as6
determined by the state archivist, and at the conclusion of his term of office, the7
governor shall transfer all such records to the custody of the division of archives,8
records management, and history in the Department of State. Any privilege from9
disclosure granted by this Section for such records shall continue in accordance with10
Subsection F of this Section. For purposes of this Subsection, "internal staff" of the11
governor includes the governor's chief of staff, executive counsel, and director of12
policy and employees who work for each of these persons.13
F. Any privilege from disclosure granted by this Section shall lapse ten years14
after the creation of the record to which the privilege is applicable. If the date of15
creation of the record is unknown by the state archivist after receipt of the record16
pursuant to Subsection E of this Section, the record shall be available to the public17
and subject to inspection, examination, copying, and reproduction in accordance with18
R.S. 44:417 after the lapse of ten years from the receipt of the record.19
Section 2. R.S. 44:5 is hereby repealed in its entirety.20
Section 3. The Louisiana State Law Institute is hereby directed to change the21
reference of "R.S. 44:5" to "R.S. 44:5.1(C)" in R.S. 29:725.2(B) and to change the reference22
of "R.S. 44:5(A)" to "R.S. 44:5.1(C)" in R.S. 49:214.5.1 and 214.6.1.23
Section 4. 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 13RS-240 ORIGINAL
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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)]
Richard HB No. 19
Abstract: Makes all records of the governor's office subject to public records laws.
Provides that certain records of the executive office of the governor relating to
intraoffice communications are privileged. Requires the governor to transfer certain
records of his office, at the conclusion of his term of office, to the archives division
of the Dept. of State. Provides that any privilege from disclosure shall lapse 10 years
after the creation of the record or, if creation date is unknown, from date of receipt
by archives.
Present law (R.S. 44:5) provides that the laws relative to public records shall not apply to
records having been used, being in use, possessed, or retained for use by the governor in the
usual course of the duties and business of his office relating to the deliberative process of
the governor, intraoffice communications of the governor and his internal staff, the
governor's security and schedule, or communications with or the security and schedule of
the governor's spouse or children. Present law provides definitions for "deliberative
process", "relating to the deliberative process of the governor", and "internal staff of the
governor".
Present law specifies that the exemption does not apply to agencies transferred or placed
within the office of the governor; however, provides that a record that is limited to pre-
decisional advice and recommendations to the governor concerning budgeting and that is in
the custody of any agency or department headed by an unclassified gubernatorial appointee
shall be privileged for six months from the date the record is prepared.
Present law provides that the exemption shall not prevent any person from examining and
copying any records pertaining to any money or monies or any financial transactions in the
control of or handled by or through the governor.
Present law requires state police to maintain a travel log identifying the date and location of
all travel by the governor in a state police helicopter, which record shall be available for
inspection and copying in accordance with the public records laws. Provides that entries to
the state police helicopter travel log shall be made within seven days after the date of travel.
Proposed law repeals all of the above provisions of present law and provides instead that
records of the office of the governor are public records and subject to the provisions of
present law relative to public records.
Proposed law provides that, notwithstanding proposed law, a record of the executive office
of the governor which is an intraoffice communication between the governor and his staff
shall be privileged from disclosure. Proposed law provides for these purposes that
"executive office of the governor" means the governor, his chief of staff, and his executive
counsel. Proposed law further provides that any record of the office of the governor
pertaining to the schedule of the governor or that of his spouse or child that contains security
details that, if made public, may endanger the governor or his spouse or child may be held
confidential for a period not to exceed seven days following the scheduled event. Proposed
law further provides that the governor may keep a record concerning a meeting or event that
he attends and transportation related thereto confidential for a period not to exceed seven
days after the occurrence of the meeting or event. Proposed law further provides that
nothing in proposed law is to be interpreted or construed in a manner to make confidential
all records concerning a meeting or event that the governor attends and transportation related HLS 13RS-240 ORIGINAL
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thereto. Further specifies that if a request is received for a record which is privileged, the
governor may waive the privilege and make the requested record available or may claim the
privilege and specify the period of time (not to exceed 10 years) the record will remain
privileged. Specifies that if a request is received for a confidential record, the record shall
be made available as soon as the period of confidentiality lapses.
Proposed law specifies that the above provisions of proposed law shall not prevent any
person from inspecting, copying, or obtaining a reproduction of any record pertaining to
money or monies, assets or items of economic value to the state, or any financial transactions
in the control of or handled by or through the governor or the office of the governor.
Proposed law specifies that all records of the office of the governor are to be retained and
preserved in the manner provided by the Public Records Law and further provides that the
governor and his internal staff (the governor's chief of staff, executive counsel, and director
of policy and employees who work for each of these persons) are to preserve all records to
which proposed law privilege applies and any other record of the office of the governor of
historical value as determined by the state archivist, and at the conclusion of his term of
office, the governor is to transfer all such records to the custody of the archives division of
the Dept. of State.
Proposed law provides that any privilege granted by proposed law lapses 10 years after the
creation of the record to which the privilege is applicable. Proposed law further provides
that if the date of creation of a record is unknown, then the record shall become available 10
years after receipt by the state archivist in accordance with present law (R.S. 44:417).
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 44:5.1; Repeals R.S. 44:5)