RÉSUMÉ DIGEST
ACT 495 (HB 268) 2024 Regular Session Mike Johnson
Existing 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.
Existing law (R.S. 44:5) provides relative to records of the office of the governor. Specifies
that any record of the office of the governor pertaining to the schedule of the governor, his
spouse, or his child that contains security details that if made public may impair the safety
of the governor, his spouse, or his child may be held confidential.
Prior law provided that such a record could be held confidential for a period not to exceed
seven days following the scheduled event.
New law removes the limitation on the amount of time such a record may be held
confidential.
Prior law (R.S. 44:11) provided that the following items in the personnel records of a public
employee of any public body were confidential:
(1)The home telephone number of the public employee where such employee chose 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 requested
that the number be confidential.
(3)The home address of the public employee where such employee 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 was requested by a legislator, an agency or employer reporting
information to the system, or a recognized association of system members.
New 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 prior law exceptions that allowed 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.
Existing 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.
Effective upon signature of governor (June 4, 2024).
(Amends R.S. 44:5(B)(4) and 11)