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 Reengrossed 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 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.