SLS 23RS-304 ENGROSSED 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), relative to examination of public records; to 3 provide for a fee schedule; to provide for notification; to provide for the collection 4 of fees; to provide for challenges of fees; to provide for the award of attorney fees; 5 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) is hereby amended and reenacted to read as follows: 8 ยง32. Duty to permit examination; prevention of alteration; payment for overtime; 9 copies provided; fees 10 * * * 11 C.(1)(a) For all public records, except public records of state agencies, it shall 12 be the duty of the custodian of such public records to provide copies to persons so 13 requesting, unless the requestor fails to pay the applicable copying fees after being 14 notified of the amount in advance of production or the requestor has an outstanding 15 balance from a prior request. The custodian may establish and collect reasonable fees 16 for making copies of public records, which may include the transmission of 17 electronic copies of public records. Any custodian who elects to establish and Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 213 SLS 23RS-304 ENGROSSED 1 collect such fees shall establish a reasonable fee schedule and post the schedule 2 where it can be readily accessed by the public. The custodian may request 3 payment of fees in advance of production. Copies of records may be furnished 4 without charge or at a reduced charge to indigent citizens of this state. 5 * * * The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Matt DeVille. DIGEST SB 213 Engrossed 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. Effective August 1, 2023. (Amends R.S. 44:32(C)(1)(a)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Senate and Governmental Affairs to the original bill 1. Make technical changes. 2. Remove enforcement provisions for challenges to fees. Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.