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 723 Original 2018 Regular Session Garofalo
Abstract: Provides for the award of attorney fees to a person making a public records request when
the person prevails or prevails in part in a suit instituted by the custodian or agency of the
custodian.
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 a person
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 of the record 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 from 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, provides that if a public body or official brings a
suit against a person based on the person's request to inspect, copy, or reproduce a record or to
receive or obtain a copy or reproduction of a public record and the person prevails in the suit, the
person shall be awarded reasonable attorney fees and other costs of litigation. Provides that if the
person prevails in part, the court may in its discretion award the person reasonable attorney fees or
an appropriate portion thereof.
(Amends R.S. 44:35(D))