The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 478 Engrossed 2022 Regular Session Bernard
Present law defines which materials are considered public records.
Proposed law adds electronically stored information and 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 reasonable attempts to narrow or specify the request with the requestor if he reasonably
determines the 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the original bill
1. Make technical corrections.
2. Add electronically stored information to the list of materials considered public
records.
3. Clarify that a custodian of records may deny access to a record only after reasonable
attempts to narrow or specify the request with the requestor if he determines that a
records request would substantially disrupt required government operations.