HASBSB478 TYLERT 4462
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 478 2022 Regular Session Bernard
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
PUBLIC RECORDS. Provide relative to the public records law. (8/1/22)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Provides for when a requestor fails to pay applicable copying fee when
notified in advance or when requestor has outstanding balance due from prior
request.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
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 it is the duty of the custodian to
provide copies to a requestor unless the requestor fails to pay the applicable copying fees
after being notified of the amount in advance or if the requestor has an outstanding balance
due from a prior request.
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.
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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 (2), and (D), 35(E)(2), and 37)
______________________
Thomas L. Tyler
Senate Counsel
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