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.
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))