ENROLLED
2024 Regular Session
HOUSE BILL NO. 768
BY REPRESENTATIVE FARNUM
1 AN ACT
2 To amend and reenact R.S. 44:35(E), relative to the Public Records Law; to provide relative
3 to enforcement proceedings; to limit personal liability for failure to comply; and to
4 provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 44:35(E) is hereby amended and reenacted to read as follows:
7 ยง35. Enforcement
8 * * *
9 E.(1) If the court finds that the custodian arbitrarily or capriciously withheld
10 the requested record or unreasonably or arbitrarily failed to respond to the request
11 as required by R.S. 44:32, it may award the requestor any actual damages proven by
12 him to have resulted from the actions of the custodian except as hereinafter provided.
13 In addition, if the court finds that the custodian unreasonably or arbitrarily failed to
14 respond to the request as required by R.S. 44:32 it may award the requestor civil
15 penalties not to exceed one hundred dollars per day, exclusive of Saturdays,
16 Sundays, and legal public holidays for each such day of such failure to give
17 notification.
18 (2) The custodian shall be personally liable for the payment of damages
19 pursuant to Paragraph (1) of this Subsection and shall be liable in solido with the
20 public body for the payment of the requestor's attorney fees and other costs of
21 litigation, except where the custodian has withheld or denied production of the
22 requested record or records on advice of the legal counsel representing the public
23 body in which the office of such custodian is located, and in the event the custodian
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1 retains private legal counsel for his defense or for bringing suit against the requestor
2 in connection with the request for records, the court may award attorney fees to the
3 custodian. No person shall be personally liable for any penalty provided in this
4 Chapter, including damages, civil penalties, attorney fees, and other costs of
5 litigation assessed for failure to comply with this Section. In all instances in which
6 a penalty is assessed, the public body shall be responsible for such penalties.
7 * * *
8 Section 2. This Act shall become effective upon signature by the governor or, if not
9 signed by the governor, upon expiration of the time for bills to become law without signature
10 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11 vetoed by the governor and subsequently approved by the legislature, this Act shall become
12 effective on the day following such approval.
13 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.