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Regular Session, 2014
HOUSE BILL NO. 121
BY REPRESENTATIVE RICHARD
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 14RS-74 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 14RS-74 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 shall preserve all records that4
are privileged in accordance with Subsection C of this Section and any other records5
of the office of the governor of historical value as determined by the state archivist,6
and at the conclusion of his term of office, the governor shall transfer all such7
records to the custody of the division of archives, records management, and history8
in the Department of State. Any privilege from disclosure granted by this Section9
for such records shall continue in accordance with Subsection F of this Section.10
F. Any privilege from disclosure granted by this Section shall lapse ten years11
after the creation of the record to which the privilege is applicable. If the date of12
creation of the record is unknown by the state archivist, the record shall be available13
to the public and subject to inspection, examination, copying, and reproduction in14
accordance with R.S. 44:417 after the lapse of ten years from the receipt of the15
record.16
Section 2. R.S. 44:5 is hereby repealed in its entirety.17
Section 3. The Louisiana State Law Institute is hereby directed to change the18
reference of "R.S. 44:5" to "R.S. 44:5.1(C)" in R.S. 29:725.2(B) and to change the reference19
of "R.S. 44:5(A)" to "R.S. 44:5.1(C)" in R.S. 49:214.5.1 and 214.6.1.20
Section 4. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 HLS 14RS-74 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. 121
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, after 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 that 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 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 HLS 14RS-74 ORIGINAL
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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 requires the
governor 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.
Provides that 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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 44:5.1; Repeals R.S. 44:5)