GREEN SHEET REDIGEST
HB 213 2023 Regular Session Brass
PUBLIC RECORDS: Exempts certain school surveillance and security video from the
Public Records Law.
DIGEST
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
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 be 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
guardian's 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.
Page 1 of 2
Prepared by Matt Deville. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the engrossed bill
1. Define the term "bona fide news gathering organization".
2. Include bona fide news gathering organizations covering an incident to the list
of entities that request to view the recordings.
Page 2 of 2
Prepared by Matt Deville.