SSHB438 1894 3818
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 438 2021 Regular Session Miguez
PUBLIC RECORDS: Authorizes a custodian to require a requestor of a public record to
provide sufficient proof of identity
Synopsis of Senate Amendments
1.Provides that the proposed identification requirement for persons electronically
requesting a public record shall not apply to any person actually confined in a
correctional facility pursuant to an order of imprisonment or making a lawful
request relating to convicted felons requesting records related to grounds upon
which the individual could file for post-conviction relief.
Digest of Bill as Finally Passed by Senate
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.
Present law provides an individual in custody after sentencing following a felony conviction
who has exhausted his appellate remedies may make a public records request pursuant to
present law only for records limited to grounds upon which the individual could file for
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post-conviction relief under present law. Provides that a records custodian may make inquiry
to determine if a request is from an individual in custody after sentence following a felony
conviction who has exhausted his appellate remedies and is limited to grounds upon which
the individual could file for post-conviction relief under present law.
Proposed law retains present law and specifies that proposed law shall not apply to any
person actually confined in a correctional facility pursuant to an order of imprisonment or
making a lawful request pursuant to the provisions of present law relating to convicted felons
requesting records related to grounds upon which the individual could file for
post-conviction relief under present law.
(Adds R.S. 44:31(C))
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