HLS 18RS-146 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 123
BY REPRESENTATIVE GAROFALO
PUBLIC RECORDS: Prohibits a public body or official from filing suit against a person
who has made a public records request
1 AN ACT
2To enact R.S. 44:35(G), relative to public records, to prohibit a public body or official from
3 filing suit against a person who has made a public records request; and to provide for
4 related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 44:35(G) is hereby enacted to read as follows:
7 ยง35. Enforcement
8 * * *
9 G. No public body or official shall file suit against a person based on a
10 public records request made by the person pursuant to the provisions of this Chapter.
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 123 Original 2018 Regular Session Garofalo
Abstract: Prohibits a public body or official from filing suit against a person who has made
a public records request.
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
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-146 ORIGINAL
HB NO. 123
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 retains present law. Additionally prohibits a public body or official from filing
suit against a person based on a public records request made by the person pursuant to the
provisions of present law.
(Adds R.S. 44:35(G))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.