SLS 22RS-678 ORIGINAL
2022 Regular Session
SENATE BILL NO. 478
BY SENATOR BERNARD
PUBLIC RECORDS. Provides relative to the public records law. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 44:1(A)(2)(a), 32(A), (C()1)(a), and (D), 35(E)(2), and 37,
3 relative to public records; to provide for the scope of records requests; to provide for
4 response time; to provide for liability of custodians of records; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 44:1(A)(2)(a), 32(A), (C)(1)(a), and (D), 35(E)(2), and 37 are hereby
8 amended and reenacted to read as follows:
9 §1. General definitions
10 A.
11 * * *
12 (2)(a) All books, records, writings, accounts, letters and letter books, maps,
13 drawings, photographs, cards, tapes, recordings, memoranda, and papers, and all
14 copies, duplicates, photographs, including microfilm, or other reproductions thereof,
15 or any other documentary materials, regardless of physical form or characteristics,
16 including information contained in databases or electronic data processing
17 equipment, having been used, being in use, or prepared, possessed, or retained for
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1 use in the conduct, transaction, or performance of any business, transaction, work,
2 duty, or function which was conducted, transacted, or performed by or under the
3 authority of the constitution or laws of this state, or by or under the authority of any
4 ordinance, regulation, mandate, or order of any public body or concerning the receipt
5 or payment of any money received or paid by or under the authority of the
6 constitution or the laws of this state, are "public records", except as otherwise
7 provided in this Chapter or the Constitution of Louisiana.
8 * * *
9 §32. Duty to permit examination; prevention of alteration; payment for overtime;
10 copies provided; fees
11 A.(1) The custodian shall present any public record to any person of the age
12 of majority who so requests. The custodian shall make no inquiry of any person who
13 applies for a public record, except an inquiry as to the age and identification of the
14 person and may require the person to sign a register and shall not review, examine,
15 or scrutinize any copy, photograph, or memoranda in the possession of any such
16 person; and shall extend to the person all reasonable comfort and facility for the full
17 exercise of the right granted by this Chapter; provided that nothing herein contained
18 shall prevent the custodian from maintaining such vigilance as is required to prevent
19 alteration of any record while it is being examined; and provided further, that
20 examinations of records under the authority of this Section must be conducted during
21 regular office or working hours, unless the custodian shall authorize examination of
22 records in other than regular office or working hours. In this event the persons
23 designated to represent the custodian during such examination shall be entitled to
24 reasonable compensation to be paid to them by the public body having custody of
25 such record, out of funds provided in advance by the person examining such record
26 in other than regular office or working hours. The custodian shall be permitted to
27 make an inquiry regarding the specificity of the records sought by the applicant,
28 if, after review of the initial request, the custodian is unable to ascertain what
29 records are being requested.
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1 (2) If a request for a record would substantially disrupt government
2 operations, the custodian may deny access to the record after attempting to
3 reach a reasonable solution with the requestor that accommodates the interests
4 of the requestor and the agency.
5 * * *
6 C.(1)(a) For all public records, except public records of state agencies, it shall
7 be the duty of the custodian of such public records to provide copies to persons so
8 requesting. The custodian may establish and collect reasonable fees for making
9 copies of public records. The custodian may request payment of fees in advance of
10 production. The custodian shall not be required to provide copies to persons who
11 fail to pay applicable copying fees or fulfill subsequent records requests until
12 any outstanding fee balance is resolved. Copies of records may be furnished
13 without charge or at a reduced charge to indigent citizens of this state.
14 * * *
15 D. In any case in which a record is requested and a question is raised by the
16 custodian of the record as to whether it is a public record, such custodian shall within
17 three five days, exclusive of Saturdays, Sundays, and legal public holidays, of the
18 receipt of the request, in writing for such record, notify in writing the person making
19 such request of his determination and the reasons therefor. Such written notification
20 shall contain a reference to the basis under law which the custodian has determined
21 exempts a record, or any part thereof, from inspection, copying, or reproduction.
22 * * *
23 §35. Enforcement
24 * * *
25 E. * * *
26 (2) The custodian shall be personally liable for the payment of any such
27 damages pursuant to Paragraph (1) of this Subsection, and shall be liable in solido
28 with the public body for the payment of the requester's attorney fees and other costs
29 of litigation, except where the custodian has withheld or denied production of the
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1 requested record or records on advice of the legal counsel representing the public
2 body in which the office of such custodian is located, and in the event the custodian
3 retains private legal counsel for his defense or for bringing suit against the requester
4 in connection with the request for records, the court may award attorney fees to the
5 custodian.
6 * * *
7 §37. Penalties for violation by custodians of records
8 Any person having custody or control of a public record, who arbitrarily or
9 capriciously violates any of the provisions of this Chapter, or any person not having
10 such custody or control who by any conspiracy, understanding, or cooperation with
11 any other person arbitrarily or capriciously hinders or attempts to hinder the
12 inspection of any public records declared by this Chapter to be subject to inspection,
13 shall upon first conviction be fined not less than one hundred dollars, and not more
14 than one thousand dollars, or shall be imprisoned for not less than one month, nor
15 more than six months. Upon any subsequent conviction he shall be fined not less
16 than two hundred fifty dollars, and not more than two thousand dollars, or
17 imprisoned for not less than two months, nor more than six months, or both.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 478 Original 2022 Regular Session Bernard
Present law defines which materials are considered public records.
Proposed law adds information contained in databases to the list of materials considered
public records.
Present law provides that the custodian of records cannot make an inquiry of any applicant
of a public record except an inquiry as to the age and identification of the person.
Proposed law retains present law and authorizes the custodian of records to make an
additional inquiry relative to the specificity of the request if, after review of the initial
request, he is unable to ascertain what records are being requested. Further allows the
custodian to deny access to a record after attempting to reach a reasonable solution with the
requestor that accommodates the interests of the requestor and the agency if a request would
substantially disrupt government operations.
Present law provides that a custodian of public records may establish and collect reasonable
fees for making copies of public records and request payment of fees in advance of
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production.
Proposed law retains present law and further provides that a custodian shall not be required
to provide copies to persons who fail to pay applicable copying fees or fulfill subsequent
records requests until any outstanding fee balance is resolved.
Present law provides that in any case in which a record is requested and a question is raised
by the custodian of the record as to whether it is a public record, such custodian shall within
three days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt of the
request, in writing for such record, notify in writing the person making such request of his
determination and the reasons therefor.
Proposed law grants the custodian five days to provide written notice to the requesting party.
Present law provides that the custodian of records shall be personally liable and liable in
solido with the public body for the payment of damages due to a requester if a court of
proper jurisdiction determines the custodian arbitrarily or capriciously withheld a requested
record or unreasonably or arbitrarily failed to respond to a records request.
Proposed law retains present law.
Present law provides for penalties for violations of public records law by custodians of
public records.
Proposed law requires the violation of public records law to be arbitrary or capricious in
nature to qualify for penalties in present law.
Effective August 1, 2022.
(Amends R.S. 44:1(A)(2)(a), 32(A), (C)(1)(a), and (D), 35(E)(2), and 37)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.