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 268 Original 2024 Regular Session Mike Johnson
Abstract: Provides that a public employee's home address and home and personal wireless
telephone number contained in the employee's personnel record are confidential and removes
certain requirements and exceptions relative to that confidentiality.
Present law (Public Records Law, R.S. 44:1 et seq.) provides that all types of records, regardless of
physical form or characteristics, including information contained in electronic data processing
equipment, 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". 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 for a public entity or agency to provide copies to persons so
requesting.
Present law (R.S. 44:11) provides that the following items in the personnel records of a public
employee of any public body shall be confidential:
(1)The home telephone number of the public employee where such employee has chosen to
have a private or unlisted home telephone number because of the nature of his occupation
with the public body.
(2)The home telephone number of the public employee where such employee has requested that
the number be confidential.
(3)The home address of the public employee where such employee has requested that the
address be confidential; except (a) the home address of any employee of a city or parish
school board shall be made available to recognized educational groups and (b) the home
address of a member of the Firefighters' Retirement System if that information is requested
by a legislator, an agency or employer reporting information to the system, or a recognized
association of system members.
Proposed law provides instead that the home address and the home and personal wireless telephone
number of the public employee in the personnel records of a public employee of any public body
shall be confidential. Removes the requirement that the employee request the information be confidential and that the confidentiality of a private or unlisted telephone number be related to the
nature of the employee's occupation. Further removes exceptions that allow the home address of any
employee of a city or parish school board to be made available to recognized educational groups and
the home address of a member of the Firefighters' Retirement System to be made available if
requested by a legislator, an agency or employer reporting information to the system, or a recognized
association of system members.
Present law further specifies that the social security number and the financial institution direct
deposit information of a public employee of any public body shall be confidential, but provides that
the employee's social security number or financial institution direct deposit
information shall be disclosed when any other provision of law, including such purposes as child
support enforcement, health insurance, and retirement reporting, requires such disclosure.
Additionally provides that medical records, claim forms, insurance applications, requests for benefits
payments, and all other health records of public employees, public officials, and their dependents
are confidential. Provides that nothing in the public records laws shall limit access to employee
records under the Code of Civil Procedure or Code of Evidence. Proposed law retains present law.
(Amends R.S. 44:11)