HLS 16RS-283 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 166
BY REPRESENTATIVE RICHARD
PUBLIC RECORDS: Provides relative to records of the office of the governor
1 AN ACT
2To amend and reenact R.S. 44:5(B), (D), and (E), relative to public records; to provide for
3 the application of the laws relative to public records to the records of the governor
4 and the office of the governor; to provide that specified records may be exempt from
5 disclosure; to provide for the availability of the records; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 44:5(B), (D), and (E) are hereby amended and reenacted to read as
9follows:
10 ยง5. Records of the office of the governor
11 * * *
12 B.(1) Records of the office of the governor shall be public records and shall
13 be subject to the provisions of this Chapter.
14 (2) Records of the office of the governor relative to fiscal or budgetary
15 matters, including but not limited to records of communications between the
16 legislative auditor's office and the office of the governor relative to fiscal or
17 budgetary matters, shall be public records.
18 (3) Notwithstanding Paragraphs (1) and (2) of this Subsection, a record of
19 the office of the governor relating to intraoffice communications of the governor and
20 his internal staff may be privileged exempt from disclosure.
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1 (4) Notwithstanding Paragraphs (1) and (2) of this Subsection, any record
2 of the office of the governor pertaining to the schedule of the governor, his spouse,
3 or his child that contains security details that if made public may impair the safety
4 of the governor, his spouse, or his child may be held confidential exempt from
5 disclosure for a period not to exceed seven days following the scheduled event.
6 However, nothing in this Paragraph shall be interpreted or construed in a manner to
7 make confidential all records concerning a meeting or event that the governor
8 attends and transportation related thereto. The governor may keep a record
9 concerning a meeting or event that the governor attends and transportation related
10 thereto privileged exempt from disclosure for a period not to exceed seven days after
11 the occurrence of the meeting or event.
12 (5) For purposes of this Section, "office of the governor" means the
13 governor, his chief of staff, deputy chief of staff, and his executive counsel. "internal
14 staff" means the governor's chief of staff, deputy chief of staff, executive counsel,
15 and director of policy, and "internal staff" shall not mean any employee of any other
16 agency, department, or office.
17 * * *
18 D. The governor and his internal staff shall preserve all records to which this
19 Section is applicable All records of the office of the governor shall be retained and
20 preserved in the manner provided by this Chapter and at no later than the conclusion
21 of his term of office, the governor shall transfer all such records to the custody of the
22 archives division of the secretary of state. Any exemption granted by this Section
23 for such records shall continue in accordance with Subsection E of this Section. For
24 purposes of this Section, "internal staff" of the governor includes the governor's chief
25 of staff, deputy chief of staff, executive counsel, and director of policy, but shall not
26 include any employee of any other agency, department, or office.
27 E. Any exemption granted by this Section shall lapse eight years after the
28 creation of the record to which the exemption is applicable no later than one business
29 day after the governor holding office at the time the record was created no longer
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HB NO. 166
1 holds the office of governor, except as otherwise specified in Paragraph (B)(4) of this
2 Section. After the lapse of eight years, the records of the office of the governor, as
3 maintained by the state archivist and deposited with the state archives program
4 pursuant to R.S. 44:417, shall be public record. After the lapse of any applicable
5 exemption, the record shall be available to the public and subject to inspection,
6 examination, copying, and reproduction in accordance with this Chapter and R.S.
7 44:417.
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 166 Original 2016 Regular Session Richard
Abstract: Specifies that the Public Records Law applies to the office of the governor
generally and changes the length of time certain records can be held exempt from
disclosure.
Present law provides that the records of the governor shall be public records, including
communications with the auditor's office relative to fiscal or budgetary matters. Present law
defines "office of the governor" as the governor, chief of staff, deputy chief of staff, and
executive counsel.
Proposed law removes the definition of "office of the governor" and otherwise retains
present law in the manner provided below.
Present law provides that a record of the office of the governor relating to intraoffice
communications of the governor and his internal staff may be privileged from disclosure.
Present law provides that "internal staff" of the governor includes the governor's chief of
staff, deputy chief of staff, executive counsel, and director of policy, but shall not include
any employee of any other agency, department, or office.
Proposed law changes "privileged from disclosure" to "exempt from disclosure" provides
instead that "internal staff" means the governor's chief of staff, deputy chief of staff,
executive counsel, and director of policy and shall not mean any employee of any other
agency, department, or office.
Present law provides that any record pertaining to the schedule of the governor or that of his
spouse or child containing security details may be "held confidential" for a period not to
exceed seven days following the scheduled event. Further provides that nothing shall 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, but also provides that
the governor may keep a record concerning a meeting or event that the governor attends and
transportation thereto "privileged" for a period not to exceed seven days after the occurrence
of the meeting or event.
Proposed law provides instead that such records may be "exempt from disclosure" for a
period not to exceed seven days. Proposed law further removes the "nothing shall be
interpreted or construed" language.
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HB NO. 166
Present law provides that no person shall be prevented from inspecting or obtaining an
electronic or physical reproduction of records pertaining to any money, asset, or items of
economic value to the state, 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.
Present law provides that the governor or his internal staff are to preserve all records to
which present 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 provides instead that all records of the office of the governor shall be retained
and preserved in the manner provided by the Public Records Law and provides that the
records shall be transferred "no later" than the conclusion of the term and otherwise retains
present law.
Present law provides that any exemption granted lapses eight years after the creation of the
record. Present law 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 are public record.
Proposed law provides instead that any exemption granted by present law and proposed law
shall lapse no later than one business day after the governor in office at the time the record
was created no longer holds the office of governor, except the exemption for those records
regarding security details and meetings or events that the governor attends and transportation
related thereto shall lapse as provided above. Proposed law further specifies that after the
lapse of any applicable exemption the record shall be available to the public and subject to
inspection, examination, copying, and reproduction in accordance with the Public Records
Law and present law (R.S. 44:417) relative to deposit of records and associated historical
materials of any governor or any other official to the custody of the state archivist.
(Amends R.S. 44:5(B), (D), and (E))
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