HLS 17RS-874 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 157
BY REPRESENTATIVE GAINES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS: Authorizes the assessment of a civil penalty not to exceed $100 per
day for arbitrarily or capriciously withholding a record
1 AN ACT
2To amend and reenact R.S. 44:35(E), relative to penalties for violations of the Public
3 Records Law; to authorize the assessment of civil penalties if a custodian arbitrarily
4 or capriciously withholds a record; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 44:35(E) is hereby amended and reenacted to read as follows:
7 ยง35. Enforcement
8 * * *
9 E.(1) If the court finds that the custodian arbitrarily or capriciously withheld
10 the requested record or unreasonably or arbitrarily failed to respond to the request
11 as required by R.S. 44:32, it may award the requester any actual damages proven by
12 him to have resulted from the actions of the custodian except as hereinafter otherwise
13 provided in this Section. In addition, if the court finds that the custodian
14 unreasonably or arbitrarily failed to respond to the request as required by R.S. 44:32
15 or capriciously withheld the requested record it may award the requester civil
16 penalties not to exceed one hundred dollars per day, exclusive of Saturdays,
17 Sundays, and legal public holidays, for each such day of such failure to give
18 notification the court determines that the custodian arbitrarily or capriciously
19 withheld the requested record.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 157
1 (2) If the court finds that the custodian unreasonably or arbitrarily failed to
2 respond to the request as required by R.S. 44:32, it may award the requester any
3 actual damages proven by him to have resulted from the actions of the custodian
4 except as otherwise provided in this Section. In addition, if the court finds that the
5 custodian unreasonably or arbitrarily failed to respond to the request as required by
6 R.S. 44:32 it may award the requester civil penalties not to exceed one hundred
7 dollars per day, exclusive of Saturdays, Sundays, and legal public holidays, for each
8 such day of the failure to give notification.
9 (2) (3) The custodian shall be personally liable for the payment of any such
10 damages, and shall be liable in solido with the public body for the payment of the
11 requester's attorney fees and other costs of litigation, except where the custodian has
12 withheld or denied production of the requested record or records on advice of the
13 legal counsel representing the public body in which the office of such custodian is
14 located, and in the event the custodian retains private legal counsel for his defense
15 or for bringing suit against the requester in connection with the request for records,
16 the court may award attorney fees to the custodian.
17 * * *
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
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HB NO. 157
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))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.