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 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)