The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Ashley E. Menou.
DIGEST
SB 120 Original 2015 Regular Session Adley
Present law relative to public records provides that present law does not apply to any records having
been used, being in use, possessed, or retained for use by the governor in the usual course of the
duties and business of his office that relate to the deliberative process of the governor, intra-office
communications of the governor and his internal staff, the governor's security and schedule, or
communications with or the security and schedule of the governor's spouse or child.
Proposed law deletes these provisions of present law, and further provides expressly that records of
the office of the governor are public records and subject to the provisions of present law relative to
public records. Proposed law further provides that any record of the office of the governor relative
to fiscal or budgetary matters, including but not limited to a record of communications between the
legislative auditor's office and the office of the governor relative to fiscal or budgetary matters, is a
public record.
Proposed law provides that, notwithstanding proposed law, a record of the office of the governor
relating to intra-office communications of the governor and his staff may be privileged from
disclosure, but this privilege does not apply to any record of the office of the governor relative to
fiscal matters.
Proposed law provides that any record of the office of the governor pertaining to the schedule of the
governor or that of his spouse or child that contains security details that if made public may impair
the safety of the governor or his spouse or child may be held confidential for a period not to exceed
seven days following the scheduled event. Proposed law further provides that nothing in proposed
law is to be interpreted or construed in a manner to make confidential all records concerning a
meeting or event that the governor attends and transportation related thereto. Proposed law further
provides that the governor may keep a record concerning a meeting or event that he attends and
transportation related thereto privileged for a period not to exceed seven days after the occurrence
of the meeting or event.
Proposed law provides that proposed law does not apply to the records of any agency transferred or
placed within the office of the governor or to the records of any other executive branch agency.
Proposed law provides that "office of the governor" means the governor, his chief of staff, and his
executive counsel.
Present law provides that present law does not prevent any person from examining and copying any
records pertaining to any money or monies or any financial transactions in the control of or handled
by or through the governor or the office of the governor. Proposed law retains present law, and adds that proposed law does not prevent any person from
inspecting or obtaining a reproduction of any record 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 governor or office of the governor.
Proposed law provides that the governor or his internal staff (the governor's chief of staff, executive
counsel, and director of policy, but not employees of any other agency, department, or office) are to
preserve all records to which proposed law applies, and at the conclusion of his term of office, the
governor is to transfer all such records to the custody of the archives division of the secretary of
state. Proposed law further provides that any exemption for such records continues in accordance
with proposed law.
Proposed law provides that any exemption granted by proposed law lapses 10 years after the creation
of the record to which the exemption is applicable. Proposed law further provides that after the lapse
of 10 years, the records of the office of the governor, as maintained by the state archivist and
deposited with the state archives program pursuant to present law, are public record.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 44:5)