HLS 21RS-952 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 438
BY REPRESENTATIVE MIGUEZ
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS: Authorizes a custodian to require a requestor of a public record to
provide sufficient proof of identity
1 AN ACT
2To enact R.S. 44:31(C), relative to public records; to allow a custodian to require sufficient
3 information to establish a requestor's identity; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 42:31(C) is hereby enacted to read as follows:
6 §31. Right to examine records
7 * * *
8 C.(1) Notwithstanding any provision of this Section or of R.S. 44:32 or 33
9 to the contrary, a custodian or his employees may require any person electronically
10 requesting to inspect, copy, or reproduce any public record to provide sufficient
11 information to establish the age and identification of the person unless the requestor
12 is known to the custodian or his employees. For purposes of this Subsection,
13 "sufficient information" shall include any electronic or physical document or
14 identification card which includes name and other identifying information, and if the
15 person is a legal entity or acting as the agent of a legal entity, "sufficient
16 information" shall also include the legitimate name and physical address for the legal
17 entity.
18 (2) If a person electronically requesting to inspect, copy, or reproduce any
19 public record fails to provide sufficient information to establish the age and
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 438
1 identification of the person after being requested to do so, neither the custodian or
2 his employees shall be required to produce the requested records in accordance with
3 the provisions of this Chapter.
4 (3) Any document submitted to establish the age and identification of the
5 person pursuant to this Subsection shall not be a public record pursuant to the
6 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 438 Engrossed 2021 Regular Session Miguez
Abstract: Allows a custodian to require sufficient information to establish the age and
identification of the requestor of a public record.
Present law (R.S. 44:1 et seq.–Public Records Law) provides that all books, records,
writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes,
recordings, memoranda, and papers, and all copies, duplicates, photographs, including
microfilm, or other reproductions thereof, or any other documentary materials, regardless
of physical form or characteristics, including information contained in electronic data
processing equipment, having been used, being in use, or prepared, possessed, or retained
for use in the conduct, transaction, or performance of any business, transaction, work, duty,
or function which was conducted, transacted, or performed by or under the authority of the
constitution or laws of the state, or by or under the authority of any ordinance, regulation,
mandate, or order of any public body or concerning the receipt or payment of any money
received or paid by or under the authority of the constitution or the laws of the state are
"public records". Present law establishes a framework for the ready availability of public
records to requesting persons and specifically provides that it is the duty of the custodian of
the public records of a public entity or agency to provide copies to persons so requesting.
Provides for certain exceptions, exemptions, and limitations. Present law provides that a
custodian shall make no inquiry of any person who applies for a public record, except an
inquiry as to the age and identification of the person and may require the person to sign a
register and shall not review, examine or scrutinize any copy, photograph, or memoranda in
the possession of any such person.
Proposed law authorizes a custodian or his employees to require any person electronically
requesting to inspect, copy, or reproduce any public record to provide sufficient information
to establish the age and identification of the person unless the requestor is known to the
custodian or his employees. Defines "sufficient information" as any electronic or physical
document or identification card which includes a name and other identifying information,
and if the person is a legal entity or acting as the agent of a legal entity, "sufficient
information" also includes the legitimate name and physical address for the legal entity.
Specifies that any document submitted to establish the age and identification of the person
pursuant to proposed law shall not be a public record.
Proposed law specifies that if a person electronically requesting to inspect, copy, or
reproduce any public record fails to provide sufficient information to establish the age and
identification of the person, neither the custodian or his employees shall be required to
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HB NO. 438
produce records in accordance with the provisions of present law (Public Records Law) and
otherwise retains present law.
(Adds R.S. 44:31(C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Limit proposed requirement to persons electronically requesting public records.
2. Remove requirement for the information to include the address of the person, if
not a legal entity.
3. Change requirement from sufficient information to establish the person's identity
to sufficient information to establish the age and identification of the person.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.