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 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)