2022 Regular Session ENROLLED
SENATE BILL NO. 478
BY SENATOR BERNARD AND REPRESENTATIVES FIRMENT, MIKE JOHNSON,
SEABAUGH AND THOMPSON
1 AN ACT
2 To amend and reenact R.S. 44:1(A)(2)(a), 32(A), (C)(1)(a) and (2), and (D), 35(E)(2), and
3 37, relative to public records; to provide for the scope of records requests; to provide
4 for 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 (2), and (D), 35(E)(2), and 37
8 are hereby 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 electronically stored information or information contained in databases
17 or electronic data processing equipment, having been used, being in use, or prepared,
18 possessed, or retained for use in the conduct, transaction, or performance of any
19 business, transaction, work, duty, or function which was conducted, transacted, or
20 performed by or under the authority of the constitution or laws of this state, or by or
21 under the authority of any ordinance, regulation, mandate, or order of any public
22 body or concerning the receipt or payment of any money received or paid by or
23 under the authority of the constitution or the laws of this state, are "public records",
24 except as otherwise provided in this Chapter or the Constitution of Louisiana.
Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 478 ENROLLED
1 * * *
2 §32. Duty to permit examination; prevention of alteration; payment for overtime;
3 copies provided; fees
4 A.(1) The custodian shall present any public record to any person of the age
5 of majority who so requests. The custodian shall make no inquiry of any person who
6 applies for a public record, except an inquiry as to the age and identification of the
7 person and may require the person to sign a register and shall not review, examine,
8 or scrutinize any copy, photograph, or memoranda in the possession of any such
9 person; and shall extend to the person all reasonable comfort and facility for the full
10 exercise of the right granted by this Chapter; provided that nothing herein contained
11 shall prevent the custodian from maintaining such vigilance as is required to prevent
12 alteration of any record while it is being examined; and provided further, that
13 examinations of records under the authority of this Section must be conducted during
14 regular office or working hours, unless the custodian shall authorize examination of
15 records in other than regular office or working hours. In this event the persons
16 designated to represent the custodian during such examination shall be entitled to
17 reasonable compensation to be paid to them by the public body having custody of
18 such record, out of funds provided in advance by the person examining such record
19 in other than regular office or working hours. The custodian shall be permitted to
20 make an inquiry regarding the specificity of the records sought by the applicant,
21 if, after review of the initial request, the custodian is unable to ascertain what
22 records are being requested.
23 (2) If the custodian reasonably determines that the request would
24 substantially disrupt required government operations, the custodian may deny
25 access only after reasonable attempts to narrow or specify the request with the
26 requestor.
27 * * *
28 C.(1)(a) For all public records, except public records of state agencies, it shall
29 be the duty of the custodian of such public records to provide copies to persons so
30 requesting, unless the requestor fails to pay the applicable copying fees after
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 478 ENROLLED
1 being notified of the amount in advance of production or the requestor has an
2 outstanding balance from a prior request. The custodian may establish and collect
3 reasonable fees for making copies of public records. The custodian may request
4 payment of fees in advance of production. Copies of records may be furnished
5 without charge or at a reduced charge to indigent citizens of this state.
6 * * *
7 (2) For all public records of state agencies, it shall be the duty of the
8 custodian of such records to provide copies to persons so requesting, unless the
9 requestor fails to pay the applicable copying fees after being notified of the
10 amount in advance of production or the requestor has an outstanding balance
11 from a prior request. Fees for such copies shall be charged according to the
12 uniform fee schedule adopted by the commissioner of administration, as provided
13 by R.S. 39:241 or as otherwise fixed or provided by law. Copies shall be provided
14 at fees according to the schedule, except for copies of public records the fees for the
15 reproduction of which are otherwise fixed by law. Copies of records may be
16 furnished without charge or at a reduced charge to indigent citizens of this state or
17 the persons whose use of such copies, as determined by the custodian, will be limited
18 to a public purpose, including but not limited to use in a hearing before any
19 governmental regulatory commission.
20 * * *
21 D. In any case in which a record is requested and a question is raised by the
22 custodian of the record as to whether it is a public record, such custodian shall within
23 three five days, exclusive of Saturdays, Sundays, and legal public holidays, of the
24 receipt of the request, in writing for such record, notify in writing the person making
25 such request of his determination and the reasons therefor. Such written notification
26 shall contain a reference to the basis under law which the custodian has determined
27 exempts a record, or any part thereof, from inspection, copying, or reproduction.
28 * * *
29 §35. Enforcement
30 * * *
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 478 ENROLLED
1 E. * * *
2 (2) The custodian shall be personally liable for the payment of any such
3 damages pursuant to Paragraph (1) of this Subsection, and shall be liable in solido
4 with the public body for the payment of the requester's attorney fees and other costs
5 of litigation, except where the custodian has withheld or denied production of the
6 requested record or records on advice of the legal counsel representing the public
7 body in which the office of such custodian is located, and in the event the custodian
8 retains private legal counsel for his defense or for bringing suit against the requester
9 in connection with the request for records, the court may award attorney fees to the
10 custodian.
11 * * *
12 §37. Penalties for violation by custodians of records
13 Any person having custody or control of a public record, who arbitrarily or
14 capriciously violates any of the provisions of this Chapter, or any person not having
15 such custody or control who by any conspiracy, understanding, or cooperation with
16 any other person arbitrarily or capriciously hinders or attempts to hinder the
17 inspection of any public records declared by this Chapter to be subject to inspection,
18 shall upon first conviction be fined not less than one hundred dollars, and not more
19 than one thousand dollars, or shall be imprisoned for not less than one month, nor
20 more than six months. Upon any subsequent conviction he shall be fined not less
21 than two hundred fifty dollars, and not more than two thousand dollars, or
22 imprisoned for not less than two months, nor more than six months, or both.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.