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.
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, partnership agreements, 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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 12:2.1)