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Regular Session, 2014
HOUSE BILL NO. 324
BY REPRESENTATIVE LEGER
SECRETARY OF STATE: Authorizes secretary of state to disclose certain electronic mail
addresses or short message service numbers to other governmental entities, agencies,
officials, and employees
AN ACT1
To amend and reenact R.S. 12:2.1, relative to certain confidential data in the possession of2
the Department of State; to authorize the disclosure of electronic mail addresses and3
short message service numbers to certain persons and entities; to provide for the4
maintenance of the confidentiality of the data; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 12:2.1 is hereby amended and reenacted to read as follows: 7
ยง2.1. Electronic mail addresses and short message service numbers; confidentiality8
A. Any electronic mail address or short message service number submitted9
to or captured by the secretary of state pursuant to the provisions of this Title shall10
be confidential and shall not be disclosed by the secretary of state or any employee11
or official of the Department of State.12
B. The provisions of Subsection A of this Section shall not prohibit the13
disclosure of electronic mail addresses or short message service numbers by the14
secretary of state or any employe e or official of the Department of State to a15
governmental entity, agency, official, or employee in the course of the interaction of16
the governmental entity, agency, official, or employee with the Department of State.17
A governmental entity, agency, official, or employee that receives electronic mail18
addresses or short message service numbers pursuant to this Subsection shall not19 HLS 14RS-966 ENGROSSED
HB NO. 324
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disclose the electronic mail addresses or short message service numbers and shall1
maintain the confidentiality of the electronic mail addresses and short message2
service numbers.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.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)]
Leger HB No. 324
Abstract: Authorizes the employees and officials of the Dept. of State to disclose certain
electronic mail addresses and short message service numbers to other governmental
entities, agencies, officials, and employees. Provides for the maintenance of the
confidentiality of such information by the receiving entity or person.
Present law (Public Records Law, R.S. 44:1 et seq.) provides that certain documents, data,
and information, 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 the 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 the state, are "public records". Present law establishes the framework for the
ready availability of public records to requesting persons, and specifically provides that it
is the duty of the custodian of the public records for a public entity or agency to provide
copies to persons so requesting. Present law provides for certain exceptions, exemptions,
and limitations.
Present law (Title 12) provides that records and documentation for corporations, limited
liability companies, partnerships, and other entities be filed with the secretary of state.
Present law further provides that any electronic mail addresses submitted to or captured by
the secretary of state pursuant to the provisions of present law (Title 12 of La. R.S.) shall be
confidential and shall not be disclosed by the secretary of state or any employee or official
of his office and recognizes the limitation on such electronic mail addresses in present law
(Public Records Law).
Proposed law authorizes the disclosure of electronic mail addresses or short message service
numbers by the secretary of state or any employee or official of the Dept. of State to a
governmental entity, agency, official, or employee in the course of interaction of the
governmental entity, agency, official, or employee with the Dept. of State. Prohibits a
governmental entity, agency, official, or employee that receives electronic mail addresses
or short message service numbers pursuant to proposed law from disclosing the electronic HLS 14RS-966 ENGROSSED
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mail addresses or short message service numbers and requires such entities and persons to
maintain the confidentiality of the electronic mail addresses and short message service
numbers.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 12:2.1)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Prohibits the governmental entity, agency, official, or employee that receives the
information from disclosing it and requires the entity, agency, official, or
employee to maintain the confidentiality of the information.