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Regular Session, 2014
HOUSE BILL NO. 873
BY REPRESENTATIVE TIM BURNS
ETHICS/CODE: Provides relative to the confidential and privileged nature of certain
records of the Board of Ethics
AN ACT1
To amend and reenact R.S. 42:1141.4(K) and R.S. 44:4.1(B)(28), relative to records of the2
Board of Ethics; to provide relative to the confidential and privileged nature of3
certain records of the Board of Ethics; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:1141.4(K) is hereby amended and reenacted to read as follows:6
§1141.4. Notice and procedure7
* * *8
K. The records of the Board of Ethics prepared or obtained in connection9
with investigations and private hearings conducted by the Board of Ethics, including10
all notes and reports prepared by the staff of the board, extracts of transcripts,11
recordings, or minutes, or extract of any such records, and votes to take any matter12
under consideration in connection therewith, shall be deemed confidential and13
privileged, except that such records shall be available to each member of the Board14
of Ethics upon request. Except as provided in this Section and in R.S.15
42:1111(E)(2)(c) and 1161(A), all other records, including the results and16
conclusions reached by the Board of Ethics in connection with any investigation or17
hearing, shall be public.18
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HB NO. 873
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Section 2. R.S. 44:4.1(B)(28) is hereby amended and reenacted to read as follows:1
§4.1. Exceptions2
* * *3
B. The legislature further recognizes that there exist exceptions, exemptions,4
and limitations to the laws pertaining to public records throughout the revised5
statutes and codes of this state. Therefore, the following exceptions, exemptions, and6
limitations are hereby continued in effect by incorporation into this Chapter by7
citation:8
* * *9
(28) R.S. 42:17, 57, 1111, 1141, 1141.4, 1158, 116110
* * *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)]
Tim Burns HB No. 873
Abstract: Expands the illustrative list of records prepared or obtained in connection with
investigations and private hearings of the Board of Ethics that are deemed
confidential and privileged to specifically include notes and reports from staff,
transcripts, recordings, and extracts of any record in the list deemed confidential and
privileged.
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". 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 further
specifies that any exception, exemption, and 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 (ethics code, R.S. 42:1141.4) provides that the records of the Board of Ethics
prepared or obtained in connection with investigations and private hearings conducted by HLS 14RS-1381 ENGROSSED
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the board, including all extracts of minutes and votes to take any matter under consideration
in connection therewith, shall be deemed confidential and privileged, except that such
records shall be available to each member of the board. Present law further specifies that
except as provided in this provision of present law and in a provision of present law relative
to certain transactional disclosure reports, all records, including the results and conclusions
reached in connection with any investigation or hearing, shall be public.
Proposed law (ethics code, R.S. 42:1141.4) specifies that the records of the Board of Ethics
prepared or obtained in connection with investigations and private hearings conducted by
the Board of Ethics, including all notes and reports prepared by the staff of the board,
transcripts, recordings, or minutes, or extract of any such records, and votes to take any
matter under consideration in connection therewith, shall be deemed confidential and
privileged, except that such records shall be available to each member of the Board of Ethics
upon request. Except as provided in this provision of proposed law and in provisions of
present law relative to certain transactional disclosure reports and confidential agency head
reports, all other records, including the results and conclusions reached by the board in
connection with any investigation or hearing, shall be public. Proposed law additionally
corrects the citation of the provision of present and proposed law in the list of exceptions to
the Public Records Law.
(Amends R.S. 42:1141.4(K) and R.S. 44:4.1(B)(28))