SLS 24RS-1357 ORIGINAL
2024 Regular Session
SENATE BILL NO. 423
BY SENATOR MORRIS
PUBLIC RECORDS. Provides for access to public records by certain persons. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 44:5(A) and (C), 31(B)(1) and (2), 31.1, 31.2, 32(A)(1),
3 (C)(1)(a), (c), and (d), (2), (3), and (D), 33(B)(1), 34, and 35(A) and (D), relative to
4 public records; to provide for public records request requirements; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 44:5(A) and (C), 31(B)(1) and (2), 31.1, 31.2, 32(A)(1), (C)(1)(a), (c),
8 and (d), (2), (3), and (D), 33(B)(1), 34, and 35(A) and (D) are hereby amended and reenacted
9 to read as follows:
10 §5. Records of the office of the governor
11 A. The legislature recognizes that it is essential to the maintenance of a
12 democratic society that public business be performed in an open and public manner,
13 and that the citizens of this state be advised of and be aware of the performance of
14 public officials and the deliberations and decisions that go into making public policy.
15 Toward this end, the provisions of this Section, as well as the rest of this Chapter,
16 shall be construed liberally so as to facilitate, rather than hinder, access to public
17 records.
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1 * * *
2 C. The provisions of Subsection B of this Section shall not prevent any
3 person Louisiana citizen from inspecting, examining, copying, or obtaining an
4 electronic or physical reproduction of any record pertaining to any money or monies,
5 any assets or items of economic value to the state, or any financial transactions in the
6 control of or handled by or through the governor or the office of the governor.
7 * * *
8 §31. Right to examine records
9 * * *
10 B.(1) Except as otherwise provided in this Chapter or as otherwise
11 specifically provided by law, and in accordance with the provisions of this Chapter,
12 any public record.
13 (2) Except as otherwise provided in this Chapter or as otherwise specifically
14 provided by law, and in accordance with the provisions of this Chapter, any person
15 Louisiana citizen may obtain a copy or reproduction of any public record.
16 * * *
17 §31.1. Exceptions; authority of the custodian
18 For the purposes of this Chapter, person Louisiana citizen does not include
19 an individual in custody after sentence following a felony conviction who has
20 exhausted his appellate remedies when the request for public records is not limited
21 to grounds upon which the individual could file for post-conviction relief under Code
22 of Criminal Procedure Article 930.3. Notwithstanding the provisions contained in
23 R.S. 44:32, the custodian may make an inquiry of any individual who applies for a
24 public record to determine if such the individual is in custody after sentence
25 following a felony conviction who has exhausted his appellate remedies and the
26 custodian may make any inquiry necessary to determine if the request of any such
27 individual in custody for a felony conviction is limited to grounds upon which such
28 the individual may file for post-conviction relief under Code of Criminal Procedure
29 Article 930.3.
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1 §31.2. Public records awareness program
2 The attorney general shall establish a program for educating the general
3 public, public bodies, and custodians regarding the provisions of this Chapter. Such
4 The program may include brochures, pamphlets, videos, seminars, and internet
5 access to information which provides training on the provisions of this Chapter,
6 including the custodian's responsibilities in connection with a request for records, the
7 possibility that information submitted to a public body may become public record
8 pursuant to the provisions of this Chapter, and the right of a person Louisiana
9 citizen to institute court proceedings if access to a record is denied by the custodian.
10 §32. Duty to permit examination; prevention of alteration; payment for overtime;
11 copies provided; fees
12 A.(1) The custodian shall present any public record to any person Louisiana
13 citizen of the age of majority who so requests. The custodian shall make no inquiry
14 of any person Louisiana citizen who applies for a public record, except an inquiry
15 as to the age and state-issued identification of the person Louisiana citizen and may
16 require the person Louisiana citizen to sign a register and shall not review, examine,
17 or scrutinize any copy, photograph, or memoranda in the possession of any such
18 person Louisiana citizen; and shall extend to the person Louisiana citizen all
19 reasonable comfort and facility for the full exercise of the right granted by this
20 Chapter; provided that nothing herein contained shall prevent the custodian from
21 maintaining such vigilance as is required to prevent alteration of any record while
22 it is being examined; and provided further, that examinations of records under the
23 authority of this Section must be conducted during regular office or working hours,
24 unless the custodian shall authorize examination of records in other than regular
25 office or working hours. In this event the persons designated to represent the
26 custodian during such examination shall be entitled to reasonable compensation to
27 be paid to them by the public body having custody of such record, out of funds
28 provided in advance by the person examining such record in other than regular office
29 or working hours. The custodian shall be permitted to make an inquiry regarding the
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1 specificity of the records sought by the applicant if, after review of the initial request,
2 the custodian is unable to ascertain what records are being requested.
3 * * *
4 C.(1)(a) For all public records, except public records of state agencies, it shall
5 be the duty of the custodian of the public records to provide copies to persons
6 Louisiana citizens so requesting, unless the requestor fails to pay the applicable
7 copying fees after being notified of the amount in advance of production or the
8 requestor has an outstanding balance from a prior request. The custodian may
9 establish and collect reasonable fees for making copies of public records, which may
10 include the transmission of electronic copies of public records. Any custodian who
11 elects to establish and collect fees shall establish a reasonable fee schedule and post
12 the schedule where it can be readily accessed by the public. The custodian may
13 request payment of fees in advance of production. Copies of records may be
14 furnished without charge or at a reduced charge to indigent citizens of this state.
15 * * *
16 (c) The use or placement of mechanical reproduction, microphotographic
17 reproduction, or any other such imaging, reproduction, or photocopying equipment
18 within the offices of the clerk of court by any person Louisiana citizen described in
19 R.S. 44:31 is prohibited unless ordered by a court of competent jurisdiction.
20 (d) Any person Louisiana citizen, as provided for in R.S. 44:31, may request
21 a copy or reproduction of any public record and it shall be the duty of the custodian
22 to provide such copy or reproduction to the person so requesting.
23 (2) For all public records of state agencies, it shall be the duty of the
24 custodian of such records to provide copies to persons Louisiana citizens so
25 requesting, unless the requestor fails to pay the applicable copying fees after being
26 notified of the amount in advance of production or the requestor has an outstanding
27 balance from a prior request. Fees for such copies shall be charged according to the
28 uniform fee schedule adopted by the commissioner of administration, as provided
29 by R.S. 39:241 or as otherwise fixed or provided by law. Copies of records may be
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1 furnished without charge or at a reduced charge to indigent citizens of this state or
2 the persons whose use of such the copies, as determined by the custodian, will be
3 limited to a public purpose, including but not limited to use in a hearing before any
4 governmental regulatory commission.
5 (3) No fee shall be charged to any person Louisiana citizen to examine or
6 review any public records, except as provided in this Section, and no fee shall be
7 charged for examination or review to determine if a record is subject to disclosure,
8 except as may be determined by a court of competent jurisdiction.
9 D. In any case in which a record is requested and a question is raised by the
10 custodian of the record as to whether it is a public record, such custodian shall within
11 five days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt
12 of the request, in writing for such record, notify in writing the person Louisiana
13 citizen making such request of his determination and the reasons therefor. Such The
14 written notification shall contain a reference to the basis under law which the
15 custodian has determined exempts a record, or any part thereof, from inspection,
16 copying, or reproduction.
17 §33. Availability of records
18 * * *
19 B.(1) If the public record applied for is immediately available, because of its
20 not being in active use at the time of the application, the public record shall be
21 immediately presented to the authorized person Louisiana citizen applying for it.
22 If the public record applied for is not immediately available, because of its being in
23 active use at the time of the application, the custodian shall promptly certify this in
24 writing to the applicant, and in his certificate shall fix a day and hour within three
25 days, exclusive of Saturdays, Sundays, and legal public holidays, for the exercise of
26 the right granted by this Chapter.
27 * * *
28 §34. Absence of records
29 If any public record applied for by any authorized person Louisiana citizen
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1 is not in the custody or control of the person to whom the application is made, such
2 the person shall promptly certify this in writing to the applicant, and shall in the
3 certificate state in detail to the best of his knowledge and belief, the reason for the
4 absence of the record from his custody or control, its location, what person then has
5 custody of the record and the manner and method in which, and the exact time at
6 which it was taken from his custody or control. He shall include in the certificate
7 ample and detailed answers to inquiries of the applicant which may facilitate the
8 exercise of the right granted by this Chapter.
9 §35. Enforcement
10 A. Any person Louisiana citizen who has been denied the right to inspect,
11 copy, reproduce, or obtain a copy or reproduction of a record under the provisions
12 of this Chapter, either by a determination of the custodian or by the passage of five
13 days, exclusive of Saturdays, Sundays, and legal public holidays, from the date of
14 his in-person, written, or electronic request without receiving a determination in
15 writing by the custodian or an estimate of the time reasonably necessary for
16 collection, segregation, redaction, examination, or review of a records request, may
17 institute proceedings for the issuance of a writ of mandamus, injunctive or
18 declaratory relief, together with attorney fees, costs and damages as provided for by
19 this Section, in the district court for the parish in which the office of the custodian
20 is located.
21 * * *
22 D.(1) If a person Louisiana citizen seeking the right to inspect, copy, or
23 reproduce a record or to receive or obtain a copy or reproduction of a public record
24 prevails in such the suit, he shall be awarded reasonable attorney fees and other costs
25 of litigation. If such the person prevails in part, the court may in its discretion award
26 him reasonable attorney fees or an appropriate portion thereof.
27 (2) If a public body or official brings a suit against a person Louisiana
28 citizen based on the person's Louisiana citizen's request to inspect, copy, or
29 reproduce a record or to receive or obtain a copy or reproduction of a public record
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1 and the person Louisiana citizen prevails in the suit, the person Louisiana citizen
2 shall be awarded reasonable attorney fees and other costs of litigation. If the person
3 Louisiana citizen prevails in part, the court may in its discretion award the person
4 Louisiana citizen reasonable attorney fees or an appropriate portion thereof.
5 * * *
6 Section 2. This Act shall become effective upon signature by the governor or, if not
7 signed by the governor, upon expiration of the time for bills to become law without signature
8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9 vetoed by the governor and subsequently approved by the legislature, this Act shall become
10 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 423 Original 2024 Regular Session Morris
Present law provides that the legislature recognizes that it is essential to the maintenance of
a democratic society that public business be performed in an open and public manner, and
that the citizens be advised of and be aware of the performance of public officials and the
deliberations and decisions that go into making public policy. Toward this end, the
provisions of present law shall be construed liberally so as to facilitate, rather than hinder,
access to public records.
Present law further provides that present law shall not prevent any person from inspecting,
examining, copying, or obtaining an electronic or physical reproduction of any record
pertaining to any money or monies, any assets or items of economic value to the state, or any
financial transactions in the control of or handled by or through the governor or the office
of the governor.
Present law provides that except as otherwise provided in present law, any person of the age
of majority may inspect, copy, or reproduce any public record. Further provides that except
as otherwise provided by present law, any person may obtain a copy or reproduction of any
public record.
Present law provides that for the purposes of present law, the term "person" does not include
an individual in custody after sentence following a felony conviction who has exhausted his
appellate remedies when the request for public records is not limited to grounds upon which
the individual could file for post-conviction relief under present law.
Present law provides that the attorney general shall establish a program for educating the
general public, public bodies, and custodians regarding the provisions of the Public Records
Law. Further provides that the program may include brochures, pamphlets, videos, seminars,
and internet access to information which provides training on the provisions of the Public
Records Law, including the custodian's responsibilities in connection with a request for
records, the possibility that information submitted to a public body may become public
record pursuant to the provisions of present law , and the right of a person to institute court
proceedings if access to a record is denied by the custodian.
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SLS 24RS-1357 ORIGINAL
Present law provides that the custodian of records shall present any public record to any
person of the age of majority who so requests. Further provides that the custodian shall make
no inquiry of any person who applies for a public record, except an inquiry as to the age and
identification of the person and may require the person to sign a register and shall not
review, examine, or scrutinize any copy, photograph, or memoranda in the possession of any
person; and shall extend to the person all reasonable comfort and facility for the full exercise
of the right granted by present law.
Present law further provides that nothing shall prevent the custodian from maintaining
vigilance as is required to prevent alteration of any record while it is being examined and
provides further that examinations of records under the authority of present law must be
conducted during regular office or working hours, unless the custodian authorizes
examination of records in other than regular office or working hours.
Present law further provides that the custodian shall be permitted to make an inquiry
regarding the specificity of the records sought by the applicant if, after review of the initial
request, the custodian is unable to ascertain what records are being requested.
Present law provides that for all public records, except public records of state agencies, it
shall be the duty of the custodian of the public records to provide copies to persons so
requesting, unless the requestor fails to pay the applicable copying fees after being notified
of the amount in advance of production or the requestor has an outstanding balance from a
prior request.
Present law further provides the custodian may establish and collect reasonable fees for
making copies of public records, which may include the transmission of electronic copies
of public records. Further provides any custodian who elects to establish and collect fees
shall establish a reasonable fee schedule and post the schedule where it can be readily
accessed by the public and that the custodian may request payment of fees in advance of
production.
Present law further provides that copies of records may be furnished without charge or at a
reduced charge to indigent citizens of this state.
Present law provides that the use or placement of mechanical reproduction,
microphotographic reproduction, or any other such imaging, reproduction, or photocopying
equipment within the offices of the clerk of court by any person is prohibited unless ordered
by a court of competent jurisdiction.
Present law provides that any person may request a copy or reproduction of any public
record and it shall be the duty of the custodian to provide the copy or reproduction to the
person so requesting.
Present law provides that for all public records of state agencies, it shall be the duty of the
custodian of such records to provide copies to persons so requesting, unless the requestor
fails to pay the applicable copying fees after being notified of the amount in advance of
production or the requestor has an outstanding balance from a prior request.
Present law further provides that fees for copies of public records of state agencies shall be
charged according to the uniform fee schedule adopted by the commissioner of
administration, as provided by present law.
Present law further provides that copies of records may be furnished without charge or at a
reduced charge to indigent citizens of this state or the persons whose use of such copies, as
determined by the custodian, will be limited to a public purpose, including but not limited
to use in a hearing before any governmental regulatory commission.
Present law provides that no fee shall be charged to any person to examine or review any
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public records, except as provided in present law, and that no fee shall be charged for
examination or review to determine if a record is subject to disclosure, except as may be
determined by a court of competent jurisdiction.
Present law provides that if the public record applied for is immediately available, because
of its not being in active use at the time of the application, the public record shall be
immediately presented to the authorized person applying for it.
Present law further provides that if the public record applied for is not immediately
available, because of its being in active use at the time of the application, the custodian shall
promptly certify this in writing to the applicant, and in his certificate shall fix a day and hour
within three days, exclusive of Saturdays, Sundays, and legal public holidays.
Present law provides that if any public record applied for by any authorized person is not in
the custody or control of the person to whom the application is made, the person shall
promptly certify this in writing to the applicant, and shall in the certificate state in detail to
the best of his knowledge and belief, the reason for the absence of the record from his
custody or control, its location, what person then has custody of the record and the manner
and method in which, and the exact time at which it was taken from his custody or control.
Further provides that the person shall include in the certificate ample and detailed answers
to inquiries of the applicant which may facilitate the exercise of the right to public records.
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 under the provisions of present law,
either by a determination of the custodian or by the passage of five days, exclusive of
Saturdays, Sundays, and legal public holidays, from the date of his in-person, written, or
electronic request without receiving a determination in writing by the custodian or an
estimate of the time reasonably necessary for collection, segregation, redaction, examination,
or review of a records request, may institute proceedings for the issuance of a writ of
mandamus, injunctive or declaratory relief, together with attorney fees, costs and damages
as provided for by present law, in the district court for the parish in which the office of the
custodian is located.
Present law provides that if a person seeking the right to inspect, copy, or reproduce a record
or to receive or obtain a copy or reproduction of a public record prevails in such suit, he shall
be awarded reasonable attorney fees and other costs of litigation. Further provides that if the
person prevails in part, the court may in its discretion award him reasonable attorney fees
or an appropriate portion thereof.
Present law provides that if a public body or official brings a suit against a person based on
the person's request to inspect, copy, or reproduce a record or to receive or obtain a copy or
reproduction of a public record and the person prevails in the suit, the person shall be
awarded reasonable attorney fees and other costs of litigation. Further provides if the person
prevails in part, the court may in its discretion award the person reasonable attorney fees or
an appropriate portion thereof.
Proposed law retains present law and requires any public record requestor to be a Louisiana
citizen.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 44:5(A) and (C), 31(B)(1) and (2), 31.1, 31.2, 32(A)(1), (C)(1)(a), (c), and (d),
(2), (3), and (D), 33(B)(1), 34, and 35(A) and (D))
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