RÉSUMÉ DIGEST
ACT 301 (HB 213) 2023 Regular Session Brass
Existing 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". Existing 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.
Existing 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 to
provide copies to persons so requesting. Provides for certain exceptions, exemptions, and
limitations.
Existing law exempts security-related information and blueprints and floor plans of the
interior of a public school building or facility from the Public Records Law.
New law additionally exempts surveillance and security video of the inside of or the area
immediately surrounding a building owned, operated, or maintained by a school board or a
charter school from the Public Records Law, but requires the governing authority of each
public elementary and secondary school, including charter schools, to adopt a policy to
govern the video. Requires that the policy contain provisions relative to the retention of the
video for at least 30 days, protecting student privacy, determining to whom and under what
circumstances the recordings may be disclosed, and procedures for how a parent or legal
guardian or a bona fide news gathering organization may request to review a recording and
any limitations relative thereto. Further specifies that new law does not affect a parent's or
legal guardian's right to access video recordings in accordance with existing law (R.S.
17:1948) provisions for videos in a special education setting.
Effective upon signature of governor (June 13, 2023).
(Adds R.S. 44:3.1.1)