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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 the use4
of the data; to provide for the maintenance of the confidentiality of the data; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 12:2.1 is hereby amended and reenacted to read as follows: 8
ยง2.1. Electronic mail addresses and short message service numbers; confidentiality9
A. Any electronic mail address or short message service number submitted10
to or captured by the secretary of state pursuant to the provisions of this Title shall11
be confidential and shall not be disclosed by the secretary of state or any employee12
or official of the Department of State.13
B. The provisions of Subsection A of this Section shall not prohibit the14
disclosure of electronic mail addresses or short message service numbers by the15
secretary of state or any employee or official of the Department of State to an16
agency, official, or employee of state government or of a political subdivision of the17
state in the course of the interaction of the agency, official, or employee with the18
Department of State. An agency, official, or employee that receives electronic mail19 HLS 14RS-966 REENGROSSED
HB NO. 324
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addresses or short message service numbers pursuant to this Subsection shall only1
use the electronic mail addresses or short message service numbers for the2
governmental purposes for which the information was submitted or captured, shall3
not disclose the electronic mail addresses or short message service numbers, and4
shall maintain the confidentiality of the electronic mail addresses and short message5
service numbers.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
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 agencies,
officials, or employees of state government or of a political subdivision of the state.
Restricts the use of and provides for the maintenance of the confidentiality of such
information by the receiving agency 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 of La. R.S.) 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) 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). HLS 14RS-966 REENGROSSED
HB NO. 324
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are additions.
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 an
agency, official, or employee of state government or of a political subdivision of the state
in the course of interaction of the agency, official, or employee with the Dept. of State.
Provides that the agency, official, or employee shall only use the information for the
governmental purposes for which it was submitted or captured. Further prohibits an agency,
official, or employee that receives electronic mail addresses or short message service
numbers pursuant to proposed law from disclosing the electronic 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.
House Floor Amendments to the engrossed bill.
1. Changes "governmental entity, agency, official, or employee" to "agency,
official, or employee of state government or of a political subdivision of the
state".
2. Restricts the use of the information by the receiving agency or person to the
governmental purposes for which it was submitted or captured.