RDCSB222 362 3892
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)]
SB 222 Reengrossed 2016 Regular Session Claitor
Present law (R.S. 44:1, et. seq. – Public Records Law) provides that all books, records,
writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes,
recordings, memoranda, and papers, and all copies, duplicates, photographs, including
microfilm, or other reproductions thereof, or any other documentary materials, regardless
of physical form or characteristics, including information contained in electronic data
processing equipment, having been used, being in use, or prepared, possessed, or retained
for use in the conduct, transaction, or performance of any business, transaction, work, duty,
or function which was conducted, transacted, or performed by or under the authority of the
constitution or laws of the state, or by or under the authority of any ordinance, regulation,
mandate, or order of any public body or concerning the receipt or payment of any money
received or paid by or under the authority of the constitution or the laws of the state are
"public records". Present law establishes a framework for the ready availability of public
records to requesting persons and specifically provides that it is the duty of the custodian of
the public records of a public entity or agency to provide copies to persons so requesting.
Provides for certain exceptions, exemptions, and limitations.
Proposed law adds an exception to the Public Records Law covering records, writings,
accounts, recordings, letters, exhibits, pictures, drawings, charts, photographs, memoranda,
reports, examinations, or evaluations, or copies thereof, in the custody or control of the State
Licensing Bd. for Contractors concerning the fitness of a person to receive or continue to
hold a license issued by the board. Provides however that any such record may be released
to the public in an administrative proceeding before the board and any final determination
made by the board relative to the fitness of any person to receive or to continue to hold a
such license and any legal grounds upon which such determination is based shall be a public
record.
Proposed law further exempts any portion of an examination administered or to be
administered by the State Licensing Bd. for Contractors and any answers to such an
examination from the Public Records Law, but specifies that any person who has taken an
examination administered by the board may inspect his examination.
(Adds R.S. 44:4(51) and (52))
Summary of Amendments Adopted by Senate
1. Prohibits the disclosure of examinations administered by the board and
answers to such examinations.
Senate Floor Amendments to engrossed bill
1. Legislative Bureau technical amendments.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the reengrossed bill:
1. Make technical changes to the proposed Public Records Law exemption
concerning the fitness of a person to hold a license for clarity and to correct the
name of the board.
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2. Establish the proposed exemption for the examinations and answers thereto as
a separate provision to clarify that it is an exception to the Public Records Law
and not to the proposed exemption relative to the fitness of a person to hold a
license.
3. Specify that a person who has taken an examination administered by the board
may inspect his examination.
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