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).
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.