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2015 Regular Session
SENATE BILL NO. 190
BY SENATORS CLAITOR AND ADLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS. Provides relative to the records of the governor. (1/11/16)
1 AN ACT
2 To amend and reenact R.S. 44:5, relative to public records; to provide for the application of
3 public records law to records of the office of the governor; to provide for exceptions;
4 and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 44:5 is hereby amended and reenacted to read as follows:
7 ยง5. Records of the office of the governor
8 A. This Chapter shall not apply to any records having been used, being in use,
9 possessed, or retained for use by the governor in the usual course of the duties and
10 business of his office relating to the deliberative process of the governor, intra-office
11 communications of the governor and his internal staff, the governor's security and
12 schedule, or communications with or the security and schedule of the governor's
13 spouse or children. The legislature recognizes that it is essential to the
14 maintenance of a democratic society that public business be performed in an
15 open and public manner, and that the citizens be advised of and be aware of the
16 performance of public officials and the deliberations and decisions that go into
17 making public policy. Toward this end, the provisions of this Section, as well as
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1 the rest of this Chapter, shall be construed liberally so as to facilitate, rather
2 than hinder, access to public records.
3 B.(1) Except as otherwise provided in this Subsection, the provisions of this
4 Section shall not apply to any agency, office, or department transferred or placed
5 within the office of the governor. Records of the office of the governor shall be
6 public record and shall be subject to the provisions of this Chapter.
7 (2) Notwithstanding Paragraph (1) of this Subsection, a record limited to
8 pre-decisional advice and recommendations to the governor concerning budgeting
9 in the custody of any agency or department headed by an unclassified gubernatorial
10 appointee shall be privileged for six months from the date such record is prepared.
11 Any record of the office of the governor relative to fiscal or budgetary matters,
12 including but not limited to records of communications between the legislative
13 auditor's office and the office of the governor relative to fiscal or budgetary
14 matters, shall be public record.
15 (3) Notwithstanding Paragraphs (1) and (2) of this Subsection, a record
16 of the office of the governor relating to intraoffice communications of the
17 governor and his staff may be privileged from disclosure.
18 (4) Notwithstanding Paragraphs (1) and (2) of this Subsection, any
19 record of the office of the governor pertaining to the schedule of the governor,
20 his spouse, or his child that contains security details that if made public may
21 impair the safety of the governor, his spouse, or his child may be held
22 confidential for a period not to exceed seven days following the scheduled event.
23 However, nothing in this Paragraph shall be interpreted or construed in a
24 manner to make confidential all records concerning a meeting or event that the
25 governor attends and transportation related thereto. The governor may keep
26 a record concerning a meeting or event that the governor attends and
27 transportation thereto privileged for a period not to exceed seven days after the
28 occurrence of the meeting or event.
29 (5) For purposes of this Section, "office of the governor" means the
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1 governor, his chief of staff, deputy chief of staff, and his executive counsel.
2 C. The provisions of Subsection B of this Section shall not prevent any
3 person from inspecting, examining and, copying, or obtaining an electronic or
4 physical reproduction of any records record pertaining to any money or monies,
5 any assets or items of economic value to the state, or any financial transactions in
6 the control of or handled by or through the governor or the office of the governor.
7 D. For purposes of this Section:
8 (1) "Deliberative process" means the process by which decisions and policies
9 are formulated.
10 (2) "Internal staff of the governor" means the governor, chief of staff,
11 executive counsel, director of policy, and employees under their supervision. Internal
12 staff shall not mean any person employed in any other executive agency, including
13 those designated by state law as housed in or transferred to the office of the
14 governor.
15 (3) Records "relating to the deliberative process of the governor" means all
16 forms of pre-decisional advice, opinions, deliberations, or recommendations made
17 for the purpose of assisting the governor in the usual course of the duties and
18 business of his office. The governor and his internal staff shall preserve all
19 records to which this Section is applicable and at the conclusion of his term of
20 office, the governor shall transfer all such records to the custody of the archives
21 division of the secretary of state. Any exemption granted by this Section for
22 such records shall continue in accordance with Subsection E of this Section. For
23 purposes of this Subsection, "internal staff" of the governor includes the
24 governor's chief of staff, deputy chief of staff, executive counsel, and director
25 of policy, but shall not include any employee of any other agency, department,
26 or office.
27 E. Notwithstanding any provision of this Chapter, the state police shall
28 maintain a travel log identifying the date and location of all travel by the governor
29 in a state police helicopter, which record shall be available for inspection and
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1 copying in accordance with the provisions of this Chapter. Entries to the state police
2 helicopter travel log shall be made within seven days after the date of travel. Any
3 exemption granted by this Section shall lapse eight years after the creation of
4 the record to which the exemption is applicable. After the lapse of eight years,
5 the records of the office of the governor, as maintained by the state archivist
6 and deposited with the state archives program pursuant to R.S. 44:417, shall be
7 public record.
8 Section 2. This Act shall become effective on January 11, 2016; if vetoed by the
9 governor and subsequently approved by the legislature, this Act shall become effective on
10 January 11, 2016, or on the day following such approval by the legislature, whichever is
11 later.
The original instrument was prepared by Ashley Menou. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by J. W. Wiley.
DIGEST
SB 190 Reengrossed 2015 Regular Session Claitor
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, intraoffice 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 intraoffice 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
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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,
deputy 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 an electronic or physical 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,
deputy 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 eight years after
the creation of the record to which the exemption is applicable. Proposed law further
provides that after the lapse of eight 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 January 11, 2016.
(Amends R.S. 44:5)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Clarifies when intraoffice communication of the governor may be privileged
from disclosure.
2. Removes work related communications sent or received on a nonstate issued
email address or device from the definition of intraoffice communications.
3. Changes the effective date to January 11, 2016.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
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