RÉSUMÉ DIGEST
ACT 394 (HB 723) 2018 Regular Session Garofalo
Existing law establishes the right of any person to examine a public record. Authorizes an
individual to inspect, copy, or reproduce a public record and authorizes a person to obtain
a copy or reproduction of a public record. Provides that a person who has been denied the
right to inspect or copy a public 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.
Existing law provides that if a person seeking 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 the person
prevails in part, the court may 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. 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 existing law.
New law 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 award the person reasonable attorney fees or an appropriate
portion thereof.
Effective August 1, 2018.
(Amends R.S. 44:35(D))