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 768 Reengrossed 2024 Regular Session Farnum
Abstract: Provides that a representative of a public official or head of any public body having
custody or control of a public record specifically authorized by the custodian to respond to
a request shall not be liable for penalties or damages assessed for failure to comply with
provisions related to the enforcement of a right to a public record.
Present law provides that any person who has been denied the right to inspect, copy, reproduce, or
obtain a copy or reproduction of a record pursuant to the Public Records Law may institute
proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with
attorney fees, costs and damages.
Present law provides that a person who prevails in such suit seeking public records shall be awarded
reasonable attorney fees and other costs of litigation.
Present law provides that if the court finds that the custodian arbitrarily or capriciously withheld the
requested record it may award the requestor any actual damages. If the court finds that the custodian
unreasonably or arbitrarily failed to respond to the request, it may award the requestor any actual
damages in addition to civil penalties not to exceed $100 per day for each day of failure to give
notification.
Proposed law retains present law and further provides that a representative of a public official or
head of any public body having custody or control of a public record specifically authorized by the
custodian to respond to a request shall not be liable for penalties or damages assessed for failure to
comply with the enforcement provisions.
Present law provides that the custodian shall be personally liable for the payment of damages for
arbitrary and capricious withholding of records or failure to respond to a request. Provides that the
custodian shall be liable in solido with the public body for the payment of the requestor's attorney
fees and other costs of litigation, except where the custodian has withheld or denied production of
the requested record or records on advice of legal counsel representing the public body. In the event
the custodian retains private legal counsel for his defense or for bringing suit against the requestor
in connection with the request for records, the court may award attorney fees to the custodian.
Proposed law retains present law.
(Amends R.S. 44:35(E)(1)) Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Reinstate the custodian's personal liability for arbitrarily and capriciously withholding
records or failing to respond to a request.
2. Provide a limitation of liability for a representative of a public official or head of a public
body authorized to respond to a public records request.