HLS 23RS-684 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 213
BY REPRESENTATIVE BRASS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS: Exempts certain school surveillance and security video from the
Public Records Law
1 AN ACT
2To enact R.S. 44:3.1.1, relative to public records; to exempt certain surveillance and security
3 video in and around buildings owned, operated, or maintained by a public school
4 board or a charter school from the Public Records Law; to provide for policies
5 adopted by school governing authorities to provide for limited retention and viewing
6 of surveillance and security video in and around school property; to provide for an
7 effective date: and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 44:3.1.1 is hereby enacted to read as follows:
10 ยง3.1.1. School surveillance and security video; limited retention and viewing policy
11 A. Except as otherwise provided in this Section, the provisions of this
12 Chapter shall not apply to any surveillance and security video of the inside of or
13 covering the area immediately surrounding a building owned, operated, or
14 maintained by a public school board or a charter school.
15 B. The governing authority of each public elementary and secondary school,
16 including charter schools, shall adopt a policy governing all surveillance and security
17 video in and around buildings owned, operated, or maintained by the governing
18 authority. Each policy shall contain provisions for all of the following:
19 (1) Retaining, storing, and disposing of the recorded video and audio data,
20 including a requirement that the recordings be retained for at least thirty days from
21 the recording date.
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HB NO. 213
1 (2) Protecting student privacy and for determining to whom and under what
2 circumstances the recordings may be disclosed including limiting viewing of the
3 recordings to the appropriate school officials, law enforcement officials investigating
4 an incident, and, upon request, the parent or legal guardian of a recorded student if
5 there was an incident involving that student.
6 (3) Procedures regarding how a parent or legal guardian may request to
7 review a recording, and any limitations to a request.
8 C.(1) For purposes of this Section, the phrase "parent or legal guardian"
9 shall have the same meaning as provided in R.S. 17:3914.
10 (2) For purposes of compliance with Subsection B of this Section, the
11 surveillance and security video recordings shall not be considered "personally
12 identifiable information" as defined in R.S. 17:3914.
13 D. Nothing in this Section shall affect a parent's or legal guardian's right to
14 access videos pursuant to R.S. 17:1948.
15 Section 2. This Act shall become effective upon signature by the governor or, if not
16signed by the governor, upon expiration of the time for bills to become law without signature
17by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
18vetoed by the governor and subsequently approved by the legislature, this Act shall become
19effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 213 Engrossed 2023 Regular Session Brass
Abstract: Exempts surveillance and security video of the inside of or covering the area
immediately surrounding a building owned, operated, or maintained by a public
school board or a charter school from the Public Records Law except for provisions
for policies to require limited retention and viewing.
Present law (R.S. 44:1 et seq.-Public Records Law) provides that all types of documentary
materials, regardless of format, having been used, being in use, or prepared, possessed, or
retained for use in the conduct, transaction, or performance of any business, transaction,
work, duty, or function which was conducted, transacted, or performed by or under the
authority of the constitution or laws of the state, or by or under the authority of any
ordinance, regulation, mandate, or order of any public body or concerning the receipt or
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HB NO. 213
payment of any money received or paid by or under the authority of the constitution or the
laws of the state are "public records". Present law excludes from the definition of "public
record" any documentary material of a security feature of a public body's electronic data
processing system, information technology system, telecommunications network, or
electronic security system. Present law establishes a framework for the ready availability
of public records to requesting persons and specifically provides that it is the duty of the
custodian of the public records of a public entity or agency to provide copies to persons so
requesting. Provides for certain exceptions, exemptions, and limitations.
Present law further exempts blueprints and floor plans of the interior of a public school
building or facility from the Public Records Law.
Proposed law additionally exempts surveillance and security video of the inside of or
covering the area immediately surrounding a building owned, operated, or maintained by a
school board or a charter school from the Public Records Law, except requires the governing
authority of each public elementary and secondary school, including charter schools, to
adopt a policy to govern the video. Requires the policy to contain provisions relative to the
retention of the video for at least 30 days, protecting student privacy, and determining to
whom and under what circumstances the recordings may disclosed, procedures for how a
parent or legal guardian may request to review a recording and any limitations relative
thereto. Refers to present law (R.S. 17:3914) definition of parent of legal guardian for
proposed law purposes. Further specifies that proposed law does not affect a parent's or
legal guardians' right to access video recordings in accordance with present law (R.S.
17:1948) provisions for videos in a classroom or other special education setting in which a
majority of students in regular attendance are provided special education and related
services.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 44:3.1.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Add a requirement for the adoption of policies for the limited retention and
viewing of the video under specified circumstances.
2. Detail the minimum requirements of the policies.
3. Specify that proposed law does not affect a parent's or legal guardians' right to
access video recordings in special education settings as provided in present law.
4. Provide that "parent or legal guardian" means a student's parent, legal guardian,
or other person or entity responsible for the student as provided in present law.
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