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 Reengrossed 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. Provides specified
exceptions.
Proposed law requires, notwithstanding any law to the contrary, each department, agency, official,
employee, or other entity of the executive branch 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. Further requires each court, official, employee, or other entity of
the judicial branch of state government to promptly make available all information pertaining to any
money or monies, any assets or items of economic value to the state, or any financial transactions
in the control of or handled by or through the judicial branch of state government requested by the
legislature and to cooperate with the legislature by providing any and all information pertaining to
any money or monies, any assets or items of economic value to the state, or any financial transactions
in the control of or handled by or through the judicial branch of state government that the legislature
deems necessary to assist the legislature to perform and discharge its powers, functions, and duties.
Proposed law specifies that any information provided to the legislature shall be without cost or
charge.
Proposed law 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
shall be protected against unauthorized use and disclosure. Requires the person or entity providing
such information to clearly mark it. Provides that the provision of such information to the legislature
shall not be deemed a waiver of any right, limitation, privilege, or confidentiality and provides that
no person or entity shall be liable in any civil action, criminal prosecution, or administrative
proceeding for providing confidential, privileged, or protected information to the legislature.
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. Proposed law further recognizes the limitation on the information in the Public
Records Law.
Proposed law specifies that the provisions of proposed law shall not apply to protected health
information of an individual; private information of an individual and any personally identifying
information of a minor; protected tax return information of an individual or legal entity; information
that if disclosed to the legislature pursuant to proposed law would subject a state agency to a fine or
reduction in funding pursuant to federal law or regulation; information regarding a specific matter under investigation by a law enforcement agency, licensing or regulatory board or commission, or
the Board of Ethics; information regarding deliberations regarding a specific matter being
adjudicated by an official or agency authorized to exercise quasi-judicial power; proprietary or trade
secret information of a private legal entity in the custody or control of the Dept. of Insurance
pursuant to its duties to investigate, examine, manage, or liquidate certain legal entities in the manner
provided by law; confidential, proprietary, or trade secret information submitted to the Public Service
Commission pursuant to its constitutional authority; or proprietary or trade secret information
contained within a specific matter being adjudicated by the division of administrative law.
Defines "legislature" as the legislature, either house of the legislature, any 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 acting to fulfill public
functions and duties.
Proposed law further provides that if the information is not timely provided by refusal to provide the
information, by the passage of five days, exclusive of Saturdays, Sundays, and legal public holidays,
from the date of the request, or upon the expiration of any extension agreed to in writing by the
requestor and the custodian of the information, 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.
(Amends R.S. 44:4.1(B)(13); Adds R.S. 24:15)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill:
1. Limit the broad provision of information requirement to the executive branch of state
government and provide a requirement that the judicial branch provide the legislature
with specific types of information.
2. Specify that privileged and confidential information shall be protected from unauthorized
use and disclosure and that the disclosure of such information to the legislature shall not
be deemed a waiver of any right, limitation, privilege, or confidentiality.
3. Add all types of legislative committees to the definition of "legislature" by removing the
limitation to standing or statutory committees and limit the definition to specified
legislative entities, officials, and employees "acting to fulfill public functions and duties".
4. Add exceptions for protected health information of an individual, private information of
an individual, protected tax return information, information that if disclosed to the
legislature would subject an agency to specified federal sanctions, information regarding
specified matters under investigation, deliberations of an official or agency authorized to exercise quasi-judicial power, and specified confidential, proprietary, or trade secret
information.
The House Floor Amendments to the engrossed bill:
1. Provide that no person or entity shall be liable in any civil action, criminal prosecution,
or administrative proceeding providing confidential, privileged, or protected information
to the legislature.
2. Add provision for delaying the institution of proceedings until the expiration of any
extension agreed to in writing.
3. Add exception for any personally identifying information of a minor.