Louisiana 2024 2024 Regular Session

Louisiana House Bill HB268 Comm Sub / Analysis

                    GREEN SHEET REDIGEST
HB 268	2024 Regular Session Mike Johnson
PUBLIC RECORDS: Provides relative to the confidentiality of the home address and
the home or personal wireless telephone number in a public employee's personnel
records.
DIGEST
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, the home and personal wireless
telephone number, and the personal email address 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
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Prepared by Matt Deville. 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the engrossed bill
1. Exempt the personal email address of public employees.
2. Make technical changes.
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Prepared by Matt Deville.