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2024 Regular Session
SENATE BILL NO. 502
BY SENATOR MIGUEZ
PUBLIC RECORDS. Provides relative to public records requests. (8/1/24)
1 AN ACT
2 To enact R.S. 44:31(C), relative to public records; to allow a custodian to require certain
3 information to establish the identity of the person making the request; and to provide
4 for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 44:31(C) is hereby enacted to read as follows:
7 §31. Right to examine records
8 * * *
9 C.(1) Notwithstanding any provision of this Section or of R.S. 44:1, 5, 32
10 or 33 to the contrary, a custodian or his employees shall require any Louisiana
11 citizen requesting to inspect, copy, or reproduce any public record to provide
12 sufficient information to establish the age and identification of the citizen
13 making the request. For purposes of this Subsection, "sufficient information"
14 shall include any electronic or physical document or identification card which
15 includes the requestor's name, photograph, and other identifying information,
16 and if the requestor is a legal entity or acting as the agent of a legal entity,
17 "sufficient information" shall also include the legitimate name and physical
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 502
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1 address for the legal entity.
2 (2) If a Louisiana citizen requesting to inspect, copy, or reproduce any
3 public record fails to provide sufficient information as required in this Section
4 to establish the age and identification of the citizen making the request after
5 being requested to do so, neither the custodian or his employees shall be
6 required to produce the requested records in accordance with the provisions of
7 this Chapter.
8 (3) Any document submitted to establish the age and identification of a
9 citizen pursuant to this Subsection shall not be a public record pursuant to the
10 provisions of this Chapter.
11 (4) This Subsection shall not apply to any Louisiana citizen actually
12 confined in a correctional facility pursuant to an order of imprisonment or
13 making a lawful request pursuant to the provisions of R.S. 44:31.1.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 502 Engrossed 2024 Regular Session Miguez
Present law provides that all books, records, writings, accounts, letters and letter books,
maps, drawings, photographs, cards, tapes, recordings, memoranda, and papers, and all
copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any
other documentary materials, regardless of physical form or characteristics, including
information contained in electronic data processing equipment, having been used, being in
use, or prepared, possessed, or retained for use in the conduct, transaction, or performance
of any business, transaction, work, duty, or function which was conducted, transacted, or
performed by or under the authority of the constitution or laws of the state, or by or under
the authority of any ordinance, regulation, mandate, or order of any public body or
concerning the receipt or payment of any money received or paid by or under the authority
of the constitution or the laws of the state are "public records".
Present law establishes a framework for the ready availability of public records to requesting
persons and specifically provides that it is the duty of the custodian of the public records of
a public entity or agency to provide copies to persons requesting the records. Provides for
certain exceptions, exemptions, and limitations.
Present law provides that a 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 such person.
Proposed law authorizes a custodian or his employees to require any Louisiana citizen
requesting to inspect, copy, or reproduce any public record to provide sufficient information
to establish the age and identification of the citizen. Defines "sufficient information" as any
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 502
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electronic or physical document or identification card which includes a name, photograph
and other identifying information, and if the requestor is a legal entity or acting as the agent
of a legal entity, "sufficient information" also includes the legitimate name and physical
address for the legal entity. Specifies that any document submitted to establish the age and
identification of the person pursuant to proposed law shall not be a public record.
Proposed law specifies that if a Louisiana citizen requesting to inspect, copy, or reproduce
any public record fails to provide sufficient information to establish the age and
identification as required by law, neither the custodian or his employees shall be required
to produce records in accordance with the provisions of present law and otherwise retains
present law.
Effective August 1, 2024.
(Adds R.S. 44:31(C))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.