HLS 14RS-602 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 430
BY REPRESENTATIVE TIM BURNS
PUBLIC RECORDS: Creates an exception to the public records law for certain information
relative to employees of certain public agencies
AN ACT1
To enact R.S. 44:11(F), relative to public records; to provide for the confidentiality of2
certain information concerning employees of certain agencies; to provide for3
definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 44:11(F) is hereby enacted to read as follows: 6
ยง11. Confidential nature of certain personnel records; exceptions7
* * *8
F. Law enforcement agencies may exclude from disclosure any employment-9
related information that will identify a particular employee. Nonidentifying10
information of a general nature or aggregated data that does not identify a particular11
employee may be disclosed. For the purposes of this Section, "law enforcement12
agencies" shall include police departments and sheriffs, district attorneys, judges, and13
their respective staffs.14 HLS 14RS-602 ORIGINAL
HB NO. 430
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Tim Burns HB No. 430
Abstract: Provides that certain law enforcement agencies may exclude from disclosure
information that will identify a particular employee.
Present law (Public Records Law, R.S. 44:1 et seq.) provides that all books, records,
writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes,
recordings, memoranda, and papers, and all copies, duplicates, photographs, including
microfilm, or other reproductions thereof, or any other documentary materials, 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". Establishes a 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. Specifies that any
exception, exemption, or limitation to the laws pertaining to public records not provided for
in the Public Records Law or in the constitution shall have no effect.
Present law (R.S. 44:11) provides relative to information in the personnel records of public
employees. Provides that notwithstanding the Public Records Law, the following shall be
confidential:
(1)The home telephone number of the public employee where such employee has
chosen to have a private or unlisted home telephone number because of the nature
of his occupation with such body.
(2)The home telephone number of the public employee where such employee has
requested that the number be confidential.
(3)The home address of the public employee where such employee has requested that
the address be confidential.
(4)The name and account number of any financial institution to which the public
employee's wages or salary are directly deposited by an electronic direct deposit
payroll system or other direct deposit payroll system.
(5)The social security number and financial institution direct deposit information as
contained in the personnel records of a public employee.
(6)All medical records, claim forms, insurance applications, requests for the payment
of benefits, and all other health records of public employees, public officials, and
their dependents in the personnel records of any public body.
Provides exceptions for certain information relative to employees of a city or parish school
board and members of the Firefighters' Retirement System. HLS 14RS-602 ORIGINAL
HB NO. 430
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law and additionally provides that law enforcement agencies
may exclude from disclosure any employment-related information that will identify a
particular employee. Provides that nonidentifying information of a general nature or
aggregated data that does not identify a particular employee may be disclosed. Provides that
for the purposes of proposed law, "law enforcement agencies" shall include police
departments and sheriffs, district attorneys, judges, and their respective staffs.
(Adds R.S. 44:11(F))