GREEN SHEET REDIGEST
HB 768 2024 Regular Session Farnum
PUBLIC RECORDS: Provides relative to custodian liability for public records
requests.
DIGEST
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.
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 provides that no person shall personally be liable for penalties, damages, civil
penalties, attorney fees, or other costs of litigation, assessed for failure to comply with the
enforcement provisions and that the public body shall be responsible for the penalties.
Effective upon governor's signature or lapse of time for gubernatorial action.
(Amends R.S. 44:35(E))
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.
Page 1 of 2
Prepared by Matt DeVille. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the reengrossed bill
1. Make technical changes.
2. Provide that no person shall be personally liable for any penalty for a custodian
of public records' failure to respond to a public records request and that the public
body shall be responsible.
3. Change the effective date to upon signature of the governor.
Page 2 of 2
Prepared by Matt DeVille.