Louisiana 2019 Regular Session

Louisiana House Bill HB388 Latest Draft

Bill / Introduced Version

                            HLS 19RS-100	ORIGINAL
2019 Regular Session
HOUSE BILL NO. 388
BY REPRESENTATIVE MIGUEZ
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS:  Prohibits disclosure of certain personal information in public records
1	AN ACT
2To enact R.S. 44:24, relative to public records; to provide that certain personal information
3 in such records is not subject to inspection, copying, or reproduction pursuant to the
4 Public Records Law; to require redaction of such information; to provide for
5 penalties; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 44:24 is hereby enacted to read as follows:
8 §24.  Personal information
9	A. The following information of any person is not subject to  inspection,
10 copying, or reproduction pursuant to the provisions of this Chapter:
11	(1)  Social security number.
12	(2)  Driver's license number.
13	(3)  Financial institution account number.
14	(4)  Credit or debit card number.
15	(5)  Electronic identification number.
16	(6)  Date of birth.
17	(7)  Mother's maiden name.
18	(8)  Armed forces identification number.
19	(9)  Government issued identification number.
20	(10)  Personal telephone number.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-100	ORIGINAL
HB NO. 388
1	(11)  Personal electronic mail address.
2	(12)  Personal short message service number.
3	B.  The custodian shall redact information listed in Subsection A of this
4 Section from a record that is to be inspected, copied, or reproduced to the provisions
5 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 388 Original 2019 Regular Session	Miguez
Abstract:  Provides that certain personal information is confidential and requires the
custodian to redact such information from public records that are to be inspected,
copied, or reproduced pursuant to the Public Records Law.
Present law (R.S.44:1 et seq.—Public Records Law) provides for access and retention of
public records.  Establishes a framework for the ready availability of public records to
requesting persons.
Proposed law provides that the following information of any person is not subject to 
inspection, copying, or reproduction pursuant to the provisions of present law (Public
Records Law):  social security number, driver's license number, financial institution account
number, credit or debit card number, electronic identification number, date of birth, mother's
maiden name, armed forces identification number, government issued identification number,
personal telephone number, personal electronic mail address, and personal short message
service number.
Proposed law requires the custodian to redact this information from a record that is to be
inspected, copied, or reproduced pursuant to present law (Public Records Law).
Present law (R.S. 44:37) provides that any person having custody or control of a public
record, who violates any of the provisions of present law, or any person not having such
custody or control who, by any conspiracy, understanding, or cooperation with any other
person, hinders or attempts to hinder the inspection of any public record declared by present
law to be subject to inspection, shall upon first conviction be fined not less than $100, and
not more than $1,000, or shall be imprisoned for not less than one month, nor more than six
months.  Provides that upon any subsequent conviction such person shall be fined not less
than $250, and not more than $2,000, or imprisoned for not less than two months, nor more
than six months, or both.
Proposed law retains present law and makes present law applicable to proposed law.
(Adds R.S. 44:24)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.