HLS 16RS-1095 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 711
BY REPRESENTATIVE SHADOIN
LEGISLATIVE AUDITOR: Provides relative to release of legislative audits
1 AN ACT
2To amend and reenact R.S. 24:513(G), relative to audit reports issued by the legislative
3 auditor; to authorize the issuance of a temporary restraining order or injunctive relief
4 barring the release of an audit report; to provide for appeals; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 24:513(G) is hereby amended and reenacted to read as follows:
8 ยง513. Powers and duties of legislative auditor; audit reports as public records;
9 assistance and opinions of attorney general; frequency of audits; subpoena
10 power
11 * * *
12 G.(1) The audit reports issued by the legislative auditor or accepted by the
13 legislative auditor pursuant to this Section or R.S. 46:1064(B), shall be subject to the
14 laws providing for inspection of public records and shall be available in the office
15 of the legislative auditor three days after the date of issuance of the reports as
16 provided by R.S. 44:6. However, this Subsection shall not apply to any documents,
17 data, or information furnished the legislative auditor which are deemed confidential
18 by law.
19 (2)(a) An application to a court of competent jurisdiction for a temporary
20 restraining order, preliminary injunction, or permanent injunction barring the release
21 of an audit report, as described in this Subsection, shall be assigned for hearing by
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1095 REENGROSSED
HB NO. 711
1 the court not less than two nor more than ten days after service of the petition for a
2 temporary restraining order, preliminary injunction, or permanent injunction. Any
3 order granting or denying the relief prayed for shall be rendered by the court within
4 forty-eight hours following the conclusion of the hearing.
5 (b) An appeal shall be filed in the appropriate appellate court not later than
6 the seventh day after the judgment is rendered and shall be tried on the original
7 records and by preference over all other cases. The appellate court shall render its
8 decision within ten days after submission.
9 * * *
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 711 Reengrossed 2016 Regular Session Shadoin
Abstract: Provides procedures for the issuance of a TRO or injunction to bar the release of
an audit report prepared by the legislative auditor.
Present law sets forth the power and duties of the legislative auditor and specifically
provides that audit reports issued by the legislative auditor are public records. Proposed law
retains present law.
Proposed law provides that an application to a court of competent jurisdiction for a
temporary restraining order, preliminary injunction, or permanent injunction barring the
release of an audit report shall be assigned for hearing by the court not less than two nor
more than 10 days after service of the petition.
Proposed law provides that any order granting or denying the relief prayed for shall be
rendered by the court within 48 hours following the conclusion of the hearing.
Proposed law provides that an appeal shall be filed in the appropriate appellate court not
later than the seventh day after the judgment is rendered and that the appellate court shall
render its decision within 10 days.
(Amends R.S. 24:513(G))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Delete proposed law provisions prohibiting a court from having jurisdiction to
issue temporary restraining orders, preliminary injunctions, or permanent
injunctions barring the release of a legislative auditor's report.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1095 REENGROSSED
HB NO. 711
2. Add provisions providing for procedures for a court to hear temporary restraining
orders, preliminary injunctions, or permanent injunctions barring the release of
an audit report, and adds procedures for the appeal of the court's ruling.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.