Louisiana 2013 2013 Regular Session

Louisiana House Bill HB209 Introduced / Bill

                    HLS 13RS-52	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 209
BY REPRESENTATIVE GAROFALO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LEGISLATIVE AGENCIES: Provides authority for legislative fiscal staff to access certain
information from state agencies
AN ACT1
To enact R.S. 24:508, relative to the powers of the legislative fiscal division staffs; to2
provide for staff access to information; to provide with respect to certain confidential3
records or information; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 24:508 is hereby enacted to read as follows: 6
ยง508. Fiscal staff access to information7
A. The staff of the House of Representatives and Senate fiscal divisions shall8
have the power to inspect and make copies of any books, records, or files of all9
departments, institutions and subdivisions of the state, and any and all instruments10
and documents pertaining to the function of the legislature.11
(1) The staff shall have the power and authority to inspect all records, which12
are classified as confidential by any of the laws of the state and, except as otherwise13
provided for in Paragraph (2) of this Subsection,  shall comply with all restrictions14
imposed by law on documents or information deemed confidential by law and15
furnished to fiscal division staff.16
(2) The staff may use such information for the purpose of developing general17
statistics and program evaluations of the operations of the state agencies and policies18
of the state.19 HLS 13RS-52	ORIGINAL
HB NO. 209
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. For the purposes of this Section, the determination of who is staff of the1
legislative fiscal divisions shall be made by the presiding officers of the House of2
Representatives and Senate, respectively.3
C. Each officer, board, commission, council, department, and agency of the4
state and each political subdivision is hereby directed to make available all facts,5
records, information, and data requested by the staff of the House of Representatives6
or Senate fiscal divisions in a timely manner and in all ways cooperate with the staff7
in carrying out the requirements imposed by this Section. 8
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)]
Garofalo	HB No. 209
Abstract: Provides for legislative fiscal staff to have access to certain information from
state agencies.
Present law provides for the powers and duties of the legislative auditor, including the
authority to compile financial statements and to examine, audit, or review the books and
accounts of state agencies. The scope of the examinations may include financial
accountability, legal compliance, and evaluations of the economy, efficiency, and
effectiveness of the auditee's programs. Further, the legislative auditor has access to papers,
books, accounts, records, files, instruments, documents, films, tapes, and any other forms
of recordation, including but not limited to computers and recording devices, and all
software and hardware which hold data, is part of the technical processes leading up to the
retention of data, or is part of the security system. The authority is extended to confidential
materials; however, the legislative auditor must comply with the restriction imposed by law
on information deemed confidential.  (R.S. 24:513)
Present law provides for the powers of the legislative fiscal officer and staff to inspect and
make copies of any books, records, or files of state agencies as well as authority to inspect
all records which are classified as confidential by any of the laws of the state. 	Present law
further provides that the confidentiality of such records is maintained except for the purpose
of developing general statistics and program evaluations of the operations of the state
agencies.  (R.S. 24:604)
Proposed law provides for the powers of the legislative fiscal staff similar to those of the
legislative auditor and the legislative fiscal officer, including the authority to inspect and
make copies of any books, records, or files of state agencies, as well as authority to inspect
all records which are classified as confidential by any of the laws of the state. Proposed law
further provides that the confidentiality of such records is maintained except for the purpose
of developing general statistics and program evaluations of the operations of the state
agencies.  
(Adds R.S. 24:508)