The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 423 Engrossed 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.
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 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 it 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.
Proposed law further provides that no provision of present law or proposed law shall be construed to limit access to readily available public records including but not limited to mortgage and
conveyance records.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 44:5(A) and (C), 31(B), 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the original bill
1. Make technical changes.
2. Provide that no provision of law shall be construed to limit access to readily available
public records including but not limited to mortgage and conveyance records.