HLS 15RS-510 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 169
BY REPRESENTATIVE HENRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LEGISLATIVE AFFAIRS: Requires state entities, officials, and employees to provide
information to the legislature
1 AN ACT
2To amend and reenact R.S. 44:4.1(B)(13) and to enact R.S. 24:15, relative to the provision
3 of information; to require state entities, officials, and employees to provide
4 information to the legislature; to provide that any privileged or confidential
5 information maintains its status; to provide for enforcement; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 24:15 is hereby enacted to read as follows:
9 §15. Provision of information by state agencies
10 A. Notwithstanding any law to the contrary, each department, agency,
11 official, employee, or other entity of state government shall promptly make available
12 all information requested by the legislature and shall in all ways cooperate with the
13 legislature by providing any and all information the legislature deems necessary in
14 assisting the legislature to perform and discharge its powers, functions, and duties.
15 B. No department, agency, official, employee, or other entity of state
16 government shall invoke any privilege or utilize any other impediment to deny the
17 provision of any requested information to the legislature; however, any information
18 that is deemed confidential or privileged by law and that is provided to the
19 legislature shall maintain its confidential or privileged status. The person or entity
20 providing any confidential or privileged information to the legislature shall clearly
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HB NO. 169
1 mark the information as confidential or privileged. The legislature shall not disclose
2 any confidential or privileged information provided pursuant to this Section to any
3 person outside the legislature, and such information shall be used solely for the
4 purpose of analysis, compilation of general statistical data, oversight, program
5 evaluation, and policy development.
6 C. Any information provided to the legislature in accordance with the
7 provisions of this Section shall be provided without cost or charge to the legislature.
8 D. If a department, agency, official, employee, or other entity of state
9 government fails to timely provide information requested pursuant to this Section,
10 either by refusing to provide the information or by the passage of five days,
11 exclusive of Saturdays, Sundays, and legal public holidays, from the date of the
12 request, the appropriate legislative officer shall institute proceedings in the district
13 court for the parish where the state capitol is located for the issuance of a writ of
14 mandamus to compel the production of the information.
15 E.(1) For purposes of this Section, the term "legislature" shall mean the
16 legislature, either house of the legislature, any standing or statutory committee of the
17 legislature or either house of the legislature, a member of the legislature, the
18 legislative fiscal office, the legislative auditor's office, and any officer or full-time
19 employee thereof.
20 (2) For purposes of Subsection D of this Section, "appropriate legislative
21 officer" shall mean:
22 (a) The clerk of the House of Representatives if the requestor is a member,
23 officer, committee, or employee of the House of Representatives.
24 (b) The secretary of the Senate if the requestor is a member, officer,
25 committee, or employee of the Senate.
26 (c) The legislative auditor if the requestor is the office of the legislative
27 auditor or an officer or employee of the office of the legislative auditor.
28 (d) The legislative fiscal officer if the requestor is the legislative fiscal office
29 or an officer or employee of the legislative fiscal office.
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HB NO. 169
1 (e) The clerk of the House of Representatives and the secretary of the Senate
2 acting jointly if the requestor is a joint legislative body established by law,
3 resolution, or the rules of procedure of either house or an officer or employee of such
4 a joint legislative body.
5 Section 2. R.S. 44:4.1(B)(13) is hereby amended and reenacted to read as follows:
6 §4.1. Exceptions
7 * * *
8 B. The legislature further recognizes that there exist exceptions, exemptions,
9 and limitations to the laws pertaining to public records throughout the revised
10 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
11 limitations are hereby continued in effect by incorporation into this Chapter by
12 citation:
13 * * *
14 (13) R.S. 24:15, 513, 513.1, 513.3, 518
15 * * *
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)]
HB 169 Original 2015 Regular Session Henry
Abstract: Requires each department, agency, official, employee, or other entity of state
government to promptly make available all information requested by the legislature.
Proposed law requires, notwithstanding any law to the contrary, each department, agency,
official, employee, or other entity of state government to promptly make available all
information requested by the legislature and to cooperate with the legislature by providing
any and all information the legislature deems necessary to assist the legislature to perform
and discharge its powers, functions, and duties. Prohibits the invoking of any privilege or
other impediment to deny the provision of the requested information. Provides that
confidential or privileged information retains its status and requires the person or entity
providing such information to clearly mark it. Prohibits the legislature from disclosing such
information to any person outside the legislature and restricts its use to analysis, compilation
of general statistical data, oversight, program evaluation, and policy development. Specifies
that any information provided to the legislature shall be without cost or charge. Defines
"legislature" as the legislature, either house of the legislature, any standing or statutory
committee of the legislature or either house of the legislature, a member of the legislature,
the legislative fiscal office, the legislative auditor's office, and any officer or full-time
employee thereof.
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Proposed law further provides that if the information is not timely provided either by refusal
to provide the information or by the passage of five days, exclusive of Saturdays, Sundays,
and legal public holidays, from the date of the request, the appropriate legislative officer
shall institute proceedings for the issuance of a writ of mandamus to compel the production
of the information in the district court for the parish where the state capitol is located.
Defines "appropriate legislative officer" for such purposes.
Proposed law further recognizes the limitation on the information in the Public Records Law.
(Amends R.S. 44:4.1(B)(13); Adds R.S. 24:15)
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