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 157 Original 2017 Regular Session Gaines
Abstract: Authorizes the award of civil penalties not to exceed $100 per day if the court finds that
a custodian of public records arbitrarily or capriciously withheld a record.
Present law establishes the right of any person to examine a public record and authorizes individuals
who appear in person to inspect, copy, or reproduce any public record and further authorizes requests
to obtain a copy or reproduction of any public record. Provides that a person who has been denied
the right to inspect or copy a record may institute proceedings for the issuance of a writ of
mandamus, injunctive or declaratory relief, together with attorney fees, costs, and damages, in the
district court for the parish in which the office of the custodian is located. Specifies that the right
to institute an enforcement action applies to: (1) all written, electronic, and in person requests; (2)
the denial of the right to inspect or copy a record; and (3) the denial of the right to obtain a copy or
reproduction of a record. Provides that a person may institute an enforcement action when the person
is denied access to a record either by a determination of the custodian, or by the passage of five days,
exclusive of Saturdays, Sundays, and legal public holidays, from the date of his request without
receiving a determination in writing by the custodian or an estimate of the time reasonably necessary
for collection, segregation, redaction, examination, or review of the request.
Present law provides that if a person seeking the right to inspect, copy, or reproduce a record or to
receive or obtain a copy or reproduction of a public record prevails in such suit, he shall be awarded
reasonable attorney fees and other costs of litigation. Provides that if such person prevails in part,
the court may in its discretion award him reasonable attorney fees or an appropriate portion thereof.
Provides that an award for attorney fees shall not exceed the amounts approved by the attorney
general for the employment of outside counsel. Present law further authorizes the court to award the
requester civil penalties not to exceed $100 per day, exclusive of Saturdays, Sundays, and legal
public holidays, if the court finds that the custodian unreasonably or arbitrarily failed to respond to
the request as required by present law.
Proposed law further authorizes the court to award the requester civil penalties not to exceed $100
per day, exclusive of Saturdays, Sundays, and legal public holidays, if the court finds that the
custodian arbitrarily or capriciously withheld the requested record and otherwise retains present law.
(Amends R.S. 44:35(E))