SLS 23RS-304 ORIGINAL
2023 Regular Session
SENATE BILL NO. 213
BY SENATOR DUPLESSIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS. Provides relative to the costs for public records. (8/1/23)
1 AN ACT
2 To amend and reenact R.S. 44:32(C)(1)(a) and 35(A) and (E), relative to examination of
3 public records; to provide for a fee schedule; to provide for notification; to provide
4 for the collection of fees; to provide for challenges of fees; to provide for the award
5 of attorney fees; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 44:32(C)(1)(a) and 35(A) and (E) are hereby amended and reenacted
8 to read as follows:
9 §32. Duty to permit examination; prevention of alteration; payment for overtime;
10 copies provided; fees
11 * * *
12 C.(1)(a) For all public records, except public records of state agencies, it shall
13 be the duty of the custodian of such public records to provide copies to persons so
14 requesting, unless the requestor fails to pay the applicable copying fees after being
15 notified of the amount in advance of production or the requestor has an outstanding
16 balance from a prior request. The custodian may establish and collect reasonable fees
17 for making copies of public records, which may include the transmission of
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 213
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1 electronic copies of public records. Any custodian who elects to establish and
2 collect such fees shall establish a reasonable fee schedule and post the schedule
3 where it can be readily accessed by the public. The custodian may request
4 payment of fees in advance of production. Copies of records may be furnished
5 without charge or at a reduced charge to indigent citizens of this state.
6 * * *
7 §35. Enforcement
8 A. Any person who has been denied the right to inspect, copy, reproduce, or
9 obtain a copy or reproduction of a record under the provisions of this Chapter, either
10 by a determination of the custodian, by being quoted a fee that the person wishes
11 to challenge as unreasonable, or by the passage of five days, exclusive of
12 Saturdays, Sundays, and legal public holidays, from the date of his in-person,
13 written, or electronic request without receiving a determination in writing by the
14 custodian or an estimate of the time reasonably necessary for collection, segregation,
15 redaction, examination, or review of a records request, may institute proceedings for
16 the issuance of a writ of mandamus, injunctive or declaratory relief, together with
17 attorney fees, costs, and damages as provided for by this Section, in the district court
18 for the parish in which the office of the custodian is located.
19 * * *
20 E.(1) If the court finds that the custodian arbitrarily or capriciously withheld
21 the requested record, arbitrarily or capriciously set an unreasonable copying fee,
22 or unreasonably or arbitrarily failed to respond to the request as required by R.S.
23 44:32, it may award the requestor any actual damages proven by him to have resulted
24 from the actions of the custodian except as hereinafter provided in Paragraph (2)
25 of this Subsection. In addition, if the court finds that the custodian unreasonably or
26 arbitrarily failed to respond to the request as required by R.S. 44:32 it may award the
27 requestor civil penalties not to exceed one hundred dollars per day, exclusive of
28 Saturdays, Sundays, and legal public holidays for each such day of such failure to
29 give notification.
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1 (2) The custodian shall be personally liable for the payment of damages
2 pursuant to Paragraph (1) of this Subsection and shall be liable in solido with the
3 public body for the payment of the requester's requestor's attorney fees and other
4 costs of litigation, except where the custodian has withheld or denied production of
5 the requested record or records on advice of the legal counsel representing the public
6 body in which the office of such custodian is located, and in the event the custodian
7 retains private legal counsel for his defense or for bringing suit against the requester
8 requestor in connection with the request for records or the challenging of a fee, the
9 court may award attorney fees to the custodian if the action was brought in
10 violation of Code of Civil Procedure Art. 863.
11 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 213 Original 2023 Regular Session Duplessis
Present law allows a custodian of public records to establish and collect reasonable fees for
making copies of public records, including the transmission of electronic copies. Requires
adoption of a uniform fee schedule for copying public records of state agencies.
Proposed law retains present law and further requires a custodian of public records that are
not public records of a state agency to set and publicly post a reasonable fee schedule.
Present law allows any person who has been denied the right to inspect, copy, reproduce, or
obtain a copy or reproduction of a record either by a determination of the custodian or the
passage of five days exclusive of legal holidays from the date the request was made to
institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief,
and attorney fees, costs, and damages in the district court for the parish in which the office
of the custodian is located.
Proposed law retains present law and further provides a right of action to a person who has
been quoted a fee the person intends to challenge as unreasonable.
Present law allows for the award of actual damages to a public records requestor upon the
determination by a court that either the requested record was withheld arbitrarily or
capriciously by the custodian or the custodian unreasonably or arbitrarily failed to respond
to the request.
Proposed law retains present law and further allows for the award of damages upon
determination by the court that the custodian of records arbitrarily or capriciously set an
unreasonable copying fee.
Present law provides that the court may award attorney fees to a custodian of public records
in the event the custodian retains private legal counsel for his defense or brings suit against
a requestor in connection with a request for public records.
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Proposed law retains present law and further provides for the award of attorney fees in
connection with a challenge to a copying fee.
Effective August 1, 2023.
(Amends R.S. 44:32(C)(1)(a) and 35(A) and (E))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.