Hacker Chronicles 2/HACKER2.BIN/805.LA2.TXT

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LOUISIANA REVISED STATUTES
TITLE 44.  PUBLIC RECORDS AND RECORDERS
CHAPTER 1.  PUBLIC RECORDS
PART I.  SCOPE

                              La. R.S. 44:1 (1992)

@ 1. General definitions

   A. (1) As used in this Chapter, the phrase "public body" means
any branch, department, office, agency, board, commission,
district, governing authority, political subdivision, or any
committee, subcommittee, advisory board, or task force thereof, or
any other instrumentality of state, parish, or municipal
government, including a public or quasi-public nonprofit
corporation designated  as an entity to perform a governmental or
proprietary function.

(2) 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 this 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 this
state, are "public records," except as otherwise provided in this
Chapter or as otherwise specifically provided by law.

(3) As
used in this Chapter, the word "custodian" means the public
official or head of any public body having custody or control of a
public record, or a representative specifically authorized by him
to respond to requests to inspect  any such public records.      B.
Electrical well surveys produced from wells drilled in search of
oil and gas located in established units and which are filed with
the assistant secretary of the office of conservation shall be
placed in the open files of the office of conservation. Any party
or firm shall have the right to examine or reproduce, or both, at
their own expense, copies of said survey, by photography  or other
means not injurious to said records. All other electric logs and
other  electronic surveys, other than seismic data, produced from
wells drilled in search of oil and gas which are filed with the
assistant secretary of the office of conservation shall remain
confidential upon the request of the owner so filing for periods as
follows:

For wells shallower than fifteen thousand feet a
period of one year, plus one additional year when evidence is
submitted to the assistant secretary of the office of conservation
that the owner of the log has a leasehold interest in the general
area in which the well was drilled and the log produced; for wells
fifteen thousand feet deep or deeper, a period of two years, plus
two additional years when evidence is submitted to the assistant
secretary of the office of conservation that the owner of the log
has such an interest in the general area  in which the well was
drilled and the log produced; and for wells drilled in the offshore
area, subsequent to July 1, 1977, regardless of depth, a period of
two  years from the filing of the log with the office of
conservation, plus two additional years where evidence is submitted
to the assistant secretary of the office of conservation that the
owner of the log has such an interest in the general area in which
the well was drilled and the log produced and has immediate plans
to develop the said general area, unless a shorter period of
confidentiality is specifically provided in the existing lease.
  At the expiration of time in which any log or electronic surveys,
other than  seismic data, shall be held as confidential by the
assistant secretary of the office of conservation as provided for
above, said log or logs shall be placed in the open files of the
office of conservation and any party or firm shall have the right
to examine or reproduce, or both, at their own expense, copies of
said log or electronic survey, other than seismic data, by
photography or other means not injurious to said records. @ 2.
Records involved in legislative investigations

   Subject to the proviso set forth in Sub-section B of R.S. 44:3,
the provisions of this Chapter shall not apply to any records,
writings, accounts, letters, letter books, photographs or copies
thereof, in the custody or control  of any attorney or counsel
whose duties or functions are performed by or under the authority
of the legislature and which concern or hold relation to any case,
cause, charge or investigation being conducted by or through the
legislature, until after the case, cause, charge or investigation
has been finally disposed of.

After final disposition, the
records, writings, accounts, letters, letter books, photographs or
copies thereof, are public records and subject to the provisions of
this Chapter.

                              La. R.S. 44:3 (1992)

@ 3. Records of prosecutive, investigative, and law enforcement
agencies, and communications districts

   A. Nothing in this Chapter shall be construed to require
disclosures of records, or the information contained therein, held
by the offices of the attorney general, district attorneys,
sheriffs, police departments, Department of Public Safety and
Corrections, marshals, investigators, public health investigators,
correctional agencies, communications districts or intelligence
agencies of the state, which records are:

(1) Records pertaining to
pending criminal litigation or any criminal litigation which can be
reasonably anticipated, until such litigation has been finally
adjudicated or otherwise settled; or

(2) Records containing
the identity of a confidential source of information or records
which would tend to reveal the identity of a confidential source of
information; or

(3) Records containing security procedures,
investigative training information or aids, investigative
techniques, investigative technical equipment or instructions on
the use thereof, or internal security information; or

(4)(a)
The records of the arrest of a person, other than the report of the
officer or officers investigating a complaint, until a final
judgment of conviction or the acceptance of a plea of guilty by a
court of competent jurisdiction. However, the initial report of the
officer or officers investigating a complaint, but not to apply to
any followup or subsequent report or investigation, records of the
booking of a person as provided in Louisiana Code of Criminal
Procedure Article 228, records of the issuance of a summons or
citation, and records of the filing of a bill of information shall
be a public record.

(b) The initial report shall set forth:
(i) A narrative description of the alleged offense.
(ii) The
name and identification of each person charged with or arrested for
the alleged offense.
(iii) The time and date of the alleged
offense.
(iv) The location of the alleged offense.
(v) The property involved.
(vi) The vehicles involved.
(vii) The names of investigating officers.
(c) Nothing herein shall
be construed to require the disclosure of information which would
reveal undercover or intelligence operations.
(d) Nothing
herein shall be construed to require the disclosure of information
which would reveal the identity of the victim of a sexual offense.

    (5) Records containing the identity of an undercover police
officer or records which would tend to reveal the identity of an
undercover police officer; or

(6) Records concerning status
offenders as defined in the Code of Juvenile Procedure.

(7) Repealed by Acts 1990, No. 59, @ 3, eff. June 26, 1990
B. All
records, files, documents, and communications, and information
contained therein, pertaining to or tending to impart the identity
of any confidential source of information of any of the state
officers, agencies, or departments mentioned in Paragraph A above,
shall be privileged, and no court shall order the disclosure of
same except on grounds of due process or constitutional law. No
officer or employee of any of the officers, agencies, or
departments mentioned in Paragraph A above shall disclose said
privileged information or produce said privileged records, files,
documents, or communications, except on a court order as provided
above or with the written consent of the chief officer of the
agency or department where he is employed or in which he holds
office, and to this end said officer or employee shall be immune
from contempt of court and from any and all other criminal
penalties for  compliance with this paragraph.

C. Whenever the
same is necessary, judicial determination pertaining to compliance
with this section or with constitutional law shall be made after a
contradictory hearing as provided by law. An appeal by the state or
an officer,  agency, or department thereof shall be suspensive.

  D. Nothing in this Section shall be construed to prevent any and
all prosecutive, investigative, and law enforcement agencies and
communications districts from having among themselves a free flow
of information for the purpose of achieving coordinated and
effective criminal justice.

 @ 4. Applicability

   This Chapter shall not apply:
   (1) To any tax return or the
information contained in any tax return. However, the name and
address of any person who obtains an occupational license, the
information on the face of the license, and information as to
whether an occupational license has been issued to a particular
person shall be  public records.
     (2) To the name of any person
or any other information from the records, papers or files of the
state or its political subdivisions or agencies, concerning persons
applying for or receiving old age assistance, aid to the blind, or
aid to dependent children.
     (3) To any records, writings,
accounts, letters, letter books, photographs or copies thereof, in
the custody or control of any officer, employee, agent or agency of
the state whose duties and functions are to investigate, examine,
manage in whole or in part, or liquidate the business of any
private person, firm or corporation in this state, when the
records, writings, accounts, letters, letter books, photographs or
copies thereof, pertain to the business of the private person, firm
or corporation, and are in their nature confidential.
     (4)(a)
To any records, writings, accounts, letters, letter books,
photographs, reports of examination, work papers of examiners,
including loan write-ups, line sheets, handwritten notes, loan
classification documentation, and any other documentation relating
to the financial statements of a financial  institution's
borrowers. This exception shall apply only to any financial
institution governed by Title 6 and supervised lenders licensed
under Title 9 of the Louisiana Revised Statutes of 1950, including
those which are exercising the privileges granted by their charters
or licenses, as well as those which have been determined to be
insolvent or operating in an unsafe and unsound condition  and have
lost their deposit insurance coverage, or, for other legal reasons
have been closed and placed in conservatorship or receivership by
the commissioner of financial institutions, or whose licenses
issued under the provisions of Title 9 have been terminated for any
lawful reason.
     (b) To copies of items exempted under
Subparagraph (a) of this Paragraph in the custody or control of the
office of financial institutions or any agent or employee of that
agency.
     (c) To investigative records of the office of
financial institutions which pertain to the application of any
person for a charter or license for a new financial institution.
   (d) To records of the office of financial institutions which
pertain to the application for a merger approval or an additional
branch office for any existing financial institution governed by
Titles 6 and 9 of the Louisiana Revised Statutes of 1950.

  (5) To
any daily reports or endorsements filed by insurance companies
doing business in this state with the Louisiana Casualty and Surety
Rating Commission  in accordance with the laws of this state.

(6) To any records, writings, accounts, letters, letter books,
photographs, or copies or memoranda thereof in the custody or
control of the Supervisor of Public Funds, or to the actual working
papers of the internal auditor of a municipality until the audit is
complete, unless otherwise provided.

(7) To any records,
writings, accounts, letters, letter books, photographs or copies or
memoranda thereof, and any report or reports concerning the fitness
of any person to receive, or continue to hold, a license to
practice medicine or midwifery, in the custody or control of the
Louisiana State Board of Medical Examiners.

(8) To any
records, data, writings, accounts, reports, letters, exhibits,
pictures, photographs, drawings, charts, maps or copies or
memoranda thereof, whether written or oral, filed by or received
from any person by the commissioner of conservation, or any
official or employee in the Department of Conservation, or which in
any manner is in the custody or control of the commissioner of
conservation, or any official or employee in the Department of
Conservation, which pertain to or in any way involve estimated or
proven recoverable reserves of oil, gas or other minerals in place,
and the same has been declared, presented or received as
confidential at the request of the lawful owner thereof; provided,
however, statistical reports which do not reveal the identity of
any owner or operator, either directly or by inference, may be
released to the public by the commissioner of conservation.

(9) To any records, writings, accounts, letters, letter books,
photographs or copies or memoranda thereof, and any report or
reports concerning the fitness of any person to receive, or
continue to hold, a license to practice as a registered nurse in
the custody or control of the Louisiana State Board of Nursing;
however, any action taken by the board, and any legal grounds upon
which such action is based, relative to the fitness of any person
to receive, or continue to hold, a license to practice as a
registered nurse shall be a public  record.

(10) To any
records, data, writings, accounts, reports, letters, exhibits,
pictures, photographs, drawings, charts, maps, or copies or
memoranda thereof, whether written or oral, filed by or received
from the Energy Information Administration of the United States
Department of Energy by the secretary of the Department of Natural
Resources or any official or employee in the Department of Natural
Resources if nondisclosure to any other person or public body was
a requirement for obtaining same and the information could not
otherwise be obtained by law from that agency; and to any records
or information filed with or received by the secretary of the
Department of Natural Resources or any official or employee in the
Department of Natural Resources from any person who  is required by
federal law to supply same to the state which information is not
available to the public under federallaw. Statistical reports which
do not reveal, directly or by inference, the identity of the
individual sources of the  information compiled by the Department
of Energy may be released to the public by the secretary of the
Department of Natural Resources.

(11) To any records,
writings, accounts, letters, exhibits, data, pictures, drawings,
charts, photographs, or copies or memoranda thereof, and any report
or reports concerning the fitness of any person to receive or
continue to hold a license to practice as a dentist or as a dental
hygienist in the custody or control of the Louisiana State Board of
Dentistry; however, any final determination made by the board, and
any legal grounds upon which such action is based, relative to the
fitness of any person to receive or continue to hold a license to
practice as a dentist or as a dental hygienist shall be a public
record.

(12) To any report, records, writings, accounts,
letters, exhibits, data, pictures, drawings, charts, photographs,
or copies or memoranda thereof, concerning the fitness of any
person to receive or continue to hold a license to practice as a
veterinarian in the custody or control of the Louisiana Board of
Veterinary Medicine; however, any final determination made by the
board, and  any legal grounds upon which such action is based,
relative to the fitness of any person to receive or continue to
hold a license to practice as a veterinarian shall be a public
record.

(13) To any of the following for use in the operation
of or in connection with any automated broker interface system or
any automated manifest system conducted by any deep water or
shallow draft port commission of the state and licensed to, leased
to, commissioned by, deposited with, or otherwise acquired by such
port commission for such purpose:

(a) Any computer system or
program including any computer software or related menus, flow
charts, source materials, prompts, dialogues, data bases, manuals,
and any other computer operating or support materials.

(b) Any
financial or trade secrets or other third party proprietary
information of any person, firm, corporation, agency, or other
entity, whether governmental or private.

(14) To any records
of the Department of Health and Human Resources, office of
preventive and public health services, which records contain any
technical information pertaining to any formula, method, or process
which is a trade secret which has been submitted by any
manufacturer of a product or mechanical sewage treatment plant in
order to obtain or retain approval of such product for sale or use
in this state or in order to assist said office in carrying out and
enforcing the sanitary laws and regulations of the state.

(15)
To any pending claims or pending claim files in the custody or
control of the office of risk management, Division of
Administration, or similar records in the custody of any
municipality or parish; to any pending legal claims as to  any
attorney representing the state or any municipality in connection
with the office of risk management, Division of Administration or
any office with similar responsibilities of any municipality or
parish; or to any pending claims relating to loss reserves
maintained or established by the office of risk management,
Division of Administration, or any office with similar
responsibilities of any municipality or parish, for any claims or
for losses incurred but not reported; however this Chapter shall be
applicable to reserves  as reported in the financial statement of
the office of risk management, Division of Administration, or any
municipality or parish.

(16) To the following records of a
board or institution of higher learning, in accordance with rules
and regulations promulgated by the Board of Trustees for State
Colleges and Universities, the Board of Supervisors of Louisiana
State University and Agricultural and Mechanical College, and the
Board of Supervisors of Southern University and Agricultural and
Mechanical College, or their successors, in conjunction with the
Board of Regents, for programs and institutions under their
supervision and management, unless access to the records is
specifically required by state or federal statute or is ordered by
a  court under rules of discovery:

(a) Trade secrets and
commercial or financial information obtained from a person, firm,
or corporation, pertaining to research or to the commercialization
of technology, including any such information designated as
confidential by such person, firm, or corporation, but not
including any such information relating to the identity of
principals, officers, or individuals and entities directly or
indirectly owning or controlling an entity other than a publicly
held entity, or the identity of principals, officers, or
individuals and entities directly owning or controlling five
percent or more of a publicly held entity.

(b) Data, records,
or information produced or collected by or for faculty or  staff of
state institutions of higher learning in the conduct of or as a
result  of, study or research on commercial, scientific or
technical subjects of a patentable or licensable nature, whether
sponsored by the institution alone or in conjunction with a
governmental body or private concern, until such data, records or
information have been publicly released, published, or patented.
(c) Those portions of research proposals, supporting documentation
and information, submitted by an institution of higher learning to
the Board of Regents' Louisiana Education Quality Support Fund
Program, which have been certified by the institution as containing
data, information, ideas or plans of  a potentially patentable or
licensable nature, including any discussions or written comments
concerning such information by reviewers of the proposals, but  not
including reviewer ratings, until such data, records, or
information have been publicly released, published, or patented.

   (d) Those portions of private document collections donated to
state institutions of higher learning for historical research or
preservation purposes, which are designated by the donor to have
restricted access for a specific period of time.

(17) To any
records or information required of hospitals by the Department of
Health and Hospitals as a condition of hospital licensure pursuant
to R.S. 40:2104(B).

(18) To any records, writings, accounts,
letters, letter books, photographs,  or copies or memoranda
thereof, and any report or reports concerning the fitness of any
person to receive, or continue to hold, a license to practice
chiropractic, in the custody or control of the Louisiana Board of
Chiropractic Examiners. However, any final determination made by
the board, and any legal grounds upon which such action is based,
relative to the fitness of any person to receive or continue to
hold a license to practice as a chiropractor shall be  a public
record.

(19) To any records or information defined as
"confidential data" as provided in R.S. 40:3.1.

(20) To any
records, notes, or maps within the Louisiana Department of Wildlife
and Fisheries' Natural Heritage Program database on rare,
threatened, or endangered species or unique natural communities.

   (21) To any information received by the Department of
Agriculture and Forestry as a result of questionnaires sent to
private persons regarding the timber industry; however, the
compiled results shall be public record. Notwithstanding the
provisions of this Paragraph, the Department of Agriculture  and
Forestry shall provide any information which it receives as a
result of such questionnaires to the Louisiana Tax Commission upon
request of the commission.

(22) To any records or information
defined as confidential under provisions of R.S. 40:2018(I).

(23)
To the name and address of a law enforcement officer in the custody
of the registrar of voters or the commissioner of elections, if
certified by the law enforcement agency employing the officer that
the officer is engaging in hazardous activities to the extent that
it is necessary for his name and address to be kept confidential.

    (24) To accident reports, and the information in accident
reports, as provided in R.S. 32:398(H).

                              La. R.S. 44:5 (1992)

@ 5. Records in custody of governor

   This Chapter shall not apply to any of the books, records,
writings, accounts, letters, letter books, photographs or copies
thereof, ordinarily kept  in the custody or control of the governor
in the usual course of the duties and  business of his office.
 The provisions of this Section shall not prevent any person
otherwise herein  authorized so to do from examining and copying
any books, records, papers, accounts or other documents pertaining
to any money or moneys or any financial transactions in the control
of or handled by or through the governor.

                               La. R.S. 44:6 (1992)

@ 6. Completed reports of the Legislative Auditor

   The completed reports of audits of the Legislative Auditor shall
be public records and shall be available at the office of the
Legislative Auditor three days after the completion of the reports.

                              La. R.S. 44:7 (1992)

@ 7. Hospital records

   A. Except as provided in Subsections B, C, and E hereof, the
charts, records, reports, documents, and other memoranda prepared
by physicians, surgeons, psychiatrists, nurses, and employees in
the public hospitals of Louisiana, adult or juvenile correctional
institutions, public mental health centers, and public  schools for
the mentally deficient to record or indicate the past or present
condition, sickness or disease, physical or mental, of the patients
treated in the hospitals are exempt from the provisions of this
Chapter, except the provisions of R.S. 44:36 and R.S. 44:39.
Nothing herein shall prevent hospitals  from providing necessary
reports pursuant to R.S. 22:213.2, nor shall any liability arise
from the good faith compliance therewith.

     B. The governing
authority of each public hospital, adult or juvenile correctional
institution, public mental health center or public state school for
the mentally deficient, may make and enforce rules under which
these charts, records, reports, documents or other memoranda may be
exhibited, or copied by or for persons legitimately and properly
interested in the disease, physical or mental, or in the condition
of patients.

     C. Whenever the past or present condition,
sickness or disease, physical or mental, of any patient treated in
any hospital, adult or juvenile correctional institution, center or
school, set forth in Subsection A of this Section shall be at issue
or relevant in any judicial proceeding, the charts, records,
reports, documents and other memoranda referred to in said
Subsection A shall be subject to discovery, subpoena and
introduction into evidence in accordance with the general law of
the state relating to discovery, subpoena and introduction into
evidence of records and documents.

     D. The records and
proceedings (1) of any public hospital committee, medical
organization committee, or extended care facility committee
established under state or federal law or regulations or under the
bylaws, rules, or regulations of such organization or institution
or (2) of any hospital committee, medical organizational committee,
or extended care facility committee established by a private
hospital licensed under the provisions of R.S. 40:2100 et seq.
shall be  confidential and shall be used by such committee and the
members thereof only in the exercise of the proper functions of the
committee and shall not be public records and shall not be
available for court subpoena. No physician; hospital, whether
public or private; organization; or institution furnishing
information,  data, reports, or records to any such committee with
respect to any patient examined or treated by such physician or
confined in such hospital or institution shall, by reason of
furnishing such information, be liable in damages to any person. No
member of such a committee shall be liable in damages  to any
person for any action taken or recommendation made within the scope
of the functions of such committee if such committee member acts
without malice and in the reasonable belief that such action or
recommendation is warranted by the  facts known to him. However,
medicaid or medicare benefits or insurance benefits provided by a
private insurer shall not be denied to any person due to inability
to secure records or proceedings referred to in this Section.
Nothing contained  herein shall be construed to prevent disclosure
of such data to appropriate state or federal regulatory agencies
which by statute or regulation are otherwise entitled to access to
such data.

E. The governing authority of each public hospital,
adult or juvenile correctional institution, public mental health
center, or public state school for the mentally deficient, shall
make available for inspection and copying and  shall release upon
request an abstract of the patient's record in which all
identifying data has been properly encoded to assure
confidentiality relating to patients treated in such institutions
to the Louisiana cancer registry program established pursuant to
R.S. 40:1229.70 et seq.

                              La. R.S. 44:8 (1992)

@ 8. Louisiana office building corporation, special provisions

   A. The private, nonprofit corporation known as the Louisiana
Office Building  Corporation, incorporated in the parish of East
Baton Rouge on June 30, 1965, is hereby declared to be a
quasi-public corporation. All papers, documents, contracts, legal
agreements, correspondence, minutes of meetings and any other
record whatsoever of said corporation are hereby declared to be
matters of public record, and shall be open to inspection by state
officials and employees, members of the Legislature and legislative
staff personnel and the general public. The officers, members of
the board of directors, agents and employees of said corporation
are hereby authorized and directed to grant access to any record of
said corporation upon request. The procedure for access to records
under the authority of this Section shall be in keeping with the
general provisions for access to public records contained in
Chapter I of this Title.

B. All officers, directors and
employees of the Louisiana Office Building Corporation who are also
elected officials of the State of Louisiana shall be subject to the
provisions of the code of ethics for state elected officials
contained in R.S. 42:1141-1148 with reference to actions taken in
their capacities as such officers, directors or employees of the
said corporation. All other officers, directors and employees of
the corporation shall be subject to the provisions of the code of
ethics for state employees contained in R.S. 42:1111-1123 to the
same extent as any state employees.

C. All books and records
of the Louisiana Office Building Corporation shall be subject to
audit and review by the Legislative Auditor to the same extent as
all other state departments or agencies.

                              La. R.S. 44:9 (1992)

@ 9. Records of violations of municipal ordinances and of state
statutes classified as a misdemeanor or felony

   A. Any person who has been arrested for the violation of a
municipal or parish ordinance or for violation of a state statute
which is classified as a misdemeanor may make a written motion to
the district, parish or city court in which the violation was
prosecuted or to the district court located in the parish in which
he was arrested, for expungement of the arrest record, if:

(1) The
time limitation for the institution of prosecution on the offense
has expired, and no prosecution has been instituted; or

(2) If
prosecution has been instituted, and such proceedings have been
finally disposed of by dismissal, sustaining of a motion to quash,
or acquittal. If the court finds that the mover is entitled to the
relief sought, for either of the above reasons, it shall order all
agencies and law enforcement offices having any record of the
arrest, whether on microfilm, computer card or tape, or on any
other photographic, electronic or mechanical method of storing
data, to destroy any record of arrest, photograph, fingerprint or
any other information of any and all kinds or descriptions. The
court shall order such custodians of records to file a sworn
affidavit to the effect that the records have been destroyed and
that no notations or references have been retained in the agency's
central repository which will or might lead to the inference that
any record ever was on file with any agency or law enforcement
office. The original of this affidavit shall be kept by the court
so ordering same and a copy shall be retained by the affiant agency
which said copy shall not be a public record and  shall not be open
for public inspection but rather shall be kept under lock and  key
and maintained only for internal record keeping purposes to
preserve the integrity of said agency's files and shall not be used
for any investigative purpose. This Subsection does not apply to
arrests for a first or second violation of any ordinance or statute
making criminal the driving of a motor vehicle while under the
influence of alcoholic beverages or narcotic drugs, as denounced by
R.S. 14:98.

B. Any criminal court of record in which there was
a nolle prosequi, an acquittal, or dismissal of any offense,
whether misdemeanor or felony, shall at  the time of discharge of
a person from its control, enter an order annulling, cancelling, or
rescinding the record of arrest, and disposition, and further
ordering the destruction of the arrest record and order of
disposition. Upon the entry of such an order the person against
whom the arrest has been entered shall be restored to all civil
rights lost or suspended by virtue of the arrest, unless otherwise
provided in this Section, and shall be treated in all respects  as
not having been arrested.

C. (1) Any person who has been
arrested for the violation of a state statute  which is classified
as a felony may make a written motion to the district court  for
the parish in which he was arrested for expungement of the arrest
record if  the time limitation for the institution of prosecution
on the offense has expired, and no prosecution has been instituted.

    (2) If, after a contradictory hearing with the arresting
agency, the court finds that the mover is entitled to the relief
sought for any of the above reasons, it shall order all law
enforcement agencies to expunge same in accordance herewith.
However, the arresting agency may preserve the name and address of
the person arrested and the facts of the case for investigative
purposes only.

D. Whoever violates any provisions of this
section shall be punished by a fine of not more than two hundred
fifty dollars or by imprisonment of not more than ninety days, or
both, if the conviction is for a first violation; second and
subsequent violations shall be punished by a fine of not more than
five hundred dollars or imprisonment of six months, or both.

E. No court shall order the destruction of any record of the arrest
and prosecution of any person convicted of a felony, including a
conviction dismissed pursuant to Article 893 of the Code of
Criminal Procedure.

F. For investigative purposes only, the
Department of Public Safety may maintain a confidential, nonpublic
record of the arrest and disposition. The information contained in
this record may be released, upon specific request therefor and on
a confidential basis, to any law enforcement agency. The receiving
law enforcement agency shall maintain the confidentiality of such
record.

                             La. R.S. 44:10 (1992)

@ 10. Confidential nature of documents and proceedings of judiciary
commission

   All documents filed with, and evidence and proceedings before
the judiciary commission are confidential. The record filed by the
commission with the supreme court and proceedings before the
supreme court are not confidential.

                             La. R.S. 44:11 (1992)

@ 11. Confidential nature of certain personnel records

   A. Notwithstanding anything contained in this Chapter or any
other law to the contrary, the following items in the personnel
records of a public employee of any public body shall be
confidential:

(1) The home telephone number of the public
employee where such employee has  chosen to have a private or
unlisted home telephone number because of the nature of his
occupation with such body.

(2) The home telephone number of the
public employee where such employee has  requested that the number
be confidential.

(3) The home address of the public employee
where such employee has requested that the address be confidential.

    B. The provisions of R.S. 44:11(A)(3) shall not apply to the
personnel records of a city or parish school board to the extent
that the home address of  any employee of a city or parish school
board shall be made available to recognized educational groups.

                             La. R.S. 44:12 (1992)

@ 12. Medical records of persons covered by the State Employees
Group Benefits Program

   A. All medical records, claim forms, life insurance
applications, requests for the payment of benefits, and all other
health records of employees and dependents enrolled in the State
Employees Group Benefits Program pursuant to the provisions of R.S.
42:821, R.S. 42:851, and R.S. 42:871 through 879, or an employee
benefit plan or program of a political subdivision, which are in
the custody or control of the Board of Trustees of the State
Employees Group Benefits Program, the board of trustees of a
program of a political subdivision, a plan administrator, or any
duly appointed representative are exempt from the provisions of
this Chapter.

B. All other records pertaining to such programs
in the custody or control of the Board of Trustees of the State
Employees Group Benefits Plan, the board of trustees of a program
of a political subdivision, a plan administrator, or a duly
appointed representative of the State Employees Group Benefits
Program or a program of a political subdivision are subject to the
provisions of this Chapter.

C. All books and records of the
State Employees Group Benefits Program and its board of trustees
shall be subject to audit and review by the legislative auditor to
the same extent as all other state departments or agencies.

                            La. R.S. 44:12.1 (1992)

@ 12.1. [Blank]

                             La. R.S. 44:13 (1992)

@ 13. Registration records and other records of use maintained by
libraries

   A. Notwithstanding any provisions of this Chapter or any other
law to the contrary, records of any library which is in whole or in
part supported by public funds, including the records of public,
academic, school, and special libraries, and the State Library of
Louisiana, indicating which of its documents or other materials,
regardless of format, have been loaned to or used by an
identifiable individual or group of individuals may not be
disclosed except to a parent or custodian of a minor child seeking
access to that child's records, to persons acting within the scope
of their duties in the administration of the  library, to persons
authorized in writing by the individual or group of individuals to
inspect such records, or by order of a court of law.

B.
Notwithstanding any provisions of this Chapter or any other law to
the contrary, records of any such library which are maintained for
purposes of registration or for determining eligibility for the use
of library services may  not be disclosed except as provided in
Subsection A of this Section.

C. No provision of this Section
shall be so construed as to prohibit or hinder any library or any
business office operating jointly with a library from  collecting
overdue books, documents, films, or other items and/or materials
owned or otherwise belonging to such library, nor shall any
provision of this Section be so construed as to prohibit or hinder
any such library or business office from collecting fines on such
overdue books, documents, films, or other items and/or materials.

                             La. R.S. 44:14 (1992)

@ 14. Insurance, health and accident; list of insured to be
provided to department

   A. Every person authorized to issue a hospital or medical
expense policy, a hospital or medical service contract, an employee
welfare benefit plan, a health and accident insurance policy, or
any other insurance contract of this type in this state, including
a group insurance plan, a self insurance plan, and the Louisiana
State Employees Uniform Group Benefits Program, shall provide to
the Department of Health and Human Resources information on their
insureds, either in the form of a printed list, a computer
printout, or electronic or data processing tapes, pursuant to rules
and regulations established by the secretary, so that the
department can determine if any of the insureds are persons who
have received services from the department and on whose behalf the
department may be entitled to receive insurance benefits. This
information shall be provided monthly and once received by the
department shall be confidential information in the same manner as
other confidential information of the department.

B. The
provisions of this Section shall not apply to any insured whose
indemnity policy benefits pay less than twenty-five dollars a day
in hospital or medical benefits.

                             La. R.S. 44:15 (1992)

@ 15. Medical records of persons applying for disability retirement
through any  state or statewide public retirement system or pension
plan or fund

   A. All medical records, application forms, doctor's reports and
evaluations,  agency certifications, and all other health records
of persons applying for disability retirement from any state or
statewide public retirement system or pension plan or fund pursuant
to the provisions of the applicable laws governing disability
retirement for these systems, plans, or funds, and all regulations
promulgated pursuant thereto, which are in the custody or control
of the board of trustees of any state or statewide public
retirement system or pension plan or fund or any duly appointed
representative thereof, are exempt from the provisions of this
Chapter.

B. All other records pertaining to membership in or
retirement under any state or statewide public retirement system or
pension plan or fund which are in the custody or control of the
board of trustees of any state or statewide public retirement
system or pension plan or fund or any duly appointed representative
thereof, are subject to the provisions of this Chapter.

                             La. R.S. 44:16 (1992)

@ 16. Personal data records for retirees of the Louisiana State
Employees' Retirement System and the Municipal Employees'
Retirement System of Louisiana

   All records of retired members of the Louisiana State Employees'
Retirement System and the Municipal Employees' Retirement System of
Louisiana are exempt from the provisions of this Chapter except for
the amount of the retired member's retirement allowance, final
average compensation, and years of creditable service, and the
names of the agencies with which he was employed and the dates of
such employment.

                             La. R.S. 44:31 (1992)

@ 31. Right to examine records

   Except as otherwise provided in this Chapter or as otherwise
specifically provided by law, and in accordance with the provisions
of this Chapter any person of the age of majority may inspect, copy
or reproduce or obtain a reproduction of any public record.

                             La. R.S. 44:32 (1992)

@ 32. Duty to permit examination; prevention of alteration; payment
for overtime; copies provided; fees

   A. The custodian shall present any public record to any person
of the age of  majority who so requests. 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 such person; and shall extend to the person all reasonable
comfort and facility for the full exercise of the right granted by
this Chapter; provided that nothing herein contained shall prevent
the custodian from maintaining such vigilance as is required to
prevent alteration of any record while it is being examined; and
provided further, that examinations of records under the authority
of this Section must be conducted during regular office or working
hours, unless the custodian shall authorize examination of records
in other than regular office or working hours. In this event the
persons designated to represent the custodian during such
examination shall be entitled to reasonable compensation to be paid
to them by the public body having custody of  such record, out of
funds provided in advance by the person examining such record in
other than regular office or working hours.

B. If any record
contains material which is not a public record, the custodian may
separate the nonpublic record and make the public record available
for examination.

C. (1)(a) For all public records, except
public records of state agencies, it shall be the duty of the
custodian of such public records to provide copies to persons so
requesting. The custodian may establish and collect reasonable fees
for making copies of public records. Copies of records may be
furnished without  charge or at a reduced charge to indigent
citizens of this state. (b) For all public records in the custody
of a clerk of court, the clerk may  also establish reasonable
uniform written procedures for the mechanical reproduction of any
such public record. Additionally, in the parish of Orleans,  the
recorder of mortgages, the register of conveyances, and the
custodian of notarial records may each establish reasonable uniform
procedures for the mechanical reproduction of public records in his
custody.

(2) 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. Fees for such copies shall be
charged according to the uniform fee schedule adopted by the
commissioner of administration, as provided by R.S. 39:241.
Copies shall be provided at fees according to the schedule, except
for copies of public records the fees for the reproduction of which
are otherwise fixed by  law. Copies or 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.

(3) No fee shall be charged to any person to
examine or review any public records, except as provided in this
Section, and 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.

D. In any
case in which a record is requested and a question is raised by the
custodian of the record as to whether it is a public record, such
custodian shall within three days, exclusive of Saturdays, Sundays,
and legal public holidays, of the receipt of the request, in
writing for such record, notify in writing the person making such
request of his determination and the reasons therefor.

                             La. R.S. 44:33 (1992)

@ 33. Availability of records

   A. (1) When a request is made for a public record to which the
public is entitled, the official, clerks of court and the custodian
of notarial records in and for the parish of Orleans excepted, who
has responsibility for the record shall have the record segregated
from other records under his custody so that the public can
reasonably view the record.

     (2) If, however, segregating the
record would be unreasonably burdensome or expensive, or if the
record requested is maintained in a fashion that makes it readily
identifiable and renders further segregation unnecessary, the
official shall so state in writing and shall state the location of
the requested record.

     B. (1) 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. 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, for the exercise of the right granted by this Chapter.

   (2) The fact that the public records are being audited shall in
no case be construed as a reason or justification for a refusal to
allow inspection of the  records except when the public records are
in active use by the auditor.

                             La. R.S. 44:34 (1992)

@ 34. Absence of records

   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, such 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.
He shall include in the certificate ample and detailed answers to
inquiries of the applicant which may facilitate the exercise of the
right granted by this Chapter.

                             La. R.S. 44:35 (1992)

@ 35. Enforcement

   A. Any person who has been denied the right to inspect or copy
a record under the provisions of this Chapter, either by a final
determination of the custodian or by the passage of five days,
exclusive of Saturdays, Sundays, and legal public holidays, from
the date of his request without receiving a final determination in
writing by the custodian, may institute proceedings for the
issuance of a writ of mandamus, injunctive or declaratory relief,
together with  attorney's fees, costs and damages as provided for
by this Section, in the district court for the parish in which the
office of the custodian is located.

B. In any suit filed under
Subsection A above, the court has jurisdiction to  enjoin the
custodian from withholding records or to issue a writ of mandamus
ordering the production of any records improperly withheld from the
person seeking disclosure. The court shall determine the matter de
novo and the burden  is on the custodian to sustain his action. The
court may view the documents in controversy in camera before
reaching a decision. Any noncompliance with the order of the court
may be punished as contempt of court.

C. Any suit brought in
any court of original jurisdiction to enforce the provisions of
this Chapter shall be tried by preference and in a summary manner.
Any appellate courts to which the suit is brought shall place it on
its preferential docket and shall hear it without delay, rendering
a decision as soon as practicable.

D. If a person seeking the
right to inspect or to receive a copy of a public  record prevails
in such suit, he shall be awarded reasonable attorney's fees and
other costs of litigation. If such person prevails in part, the
court may in its discretion award him reasonable attorney's fees or
an approrpriate portion thereof.

E. (1) If the court finds that the
custodian arbitrarily or capriciously withheld the requested record
or unreasonably or arbitrarily failed to respond to the request as
required by R.S. 44:32, it may award the requester any actual
damages proven by him to have resulted from the actions of the
custodian except  as hereinafter provided. In addition, if the
court finds that the custodian unreasonably or arbitrarily failed
to respond to the request as required by R.S. 44:32 it may award
the requester civil penalties not to exceed one hundred dollars per
day, exclusive of Saturdays, Sundays, and legal public holidays for
each such day of such failure to give notification.

(2) The
custodian shall be personally liable for the payment of any such
damages, and shall be liable in solido with the public body for the
payment of the requester's attorney's fees and other costs of
litigation, except where the  custodian has withheld or denied
production of the requested record or records on advice of the
legal counsel representing the public body in which the office  of
such custodian is located, and in the event the custodian retains
private legal counsel for his defense or for bringing suit against
the requester in connection with the request for records, the court
may award attorneys' fees to  the custodian.

                             La. R.S. 44:36 (1992)

@ 36. Preservation of records

   A. All persons and public bodies having custody or control of
any public record, other than conveyance, probate, mortgage, or
other permanent records required by existing law to be kept for all
time, shall exercise diligence and care in preserving the public
record for the period or periods of time specified for such public
records in formal records retention schedules developed and
approved by the state archivist and director of the division of
archives, records management, and history of the Department of
State. However, in all instances in which a formal retention
schedule has not been executed, such public records shall be
preserved and maintained for a period of at least three  years from
the date on which the public record was made. However, where copies
of an original record exist, the original alone shall be kept; when
only duplicate copies of a record exist, only one copy of the
duplicate copies shall  be required to be kept. Where an
appropriate form of the microphotographic process has been utilized
to record, file, and otherwise preserve such public records with
microforms produced in compliance with the provisions of R.S.
44:415, the microforms shall be deemed originals in themselves, as
provided by R.S. 44:39(B), and disposition of original documents
which have been microphotographically preserved and of duplicates
and other copies thereof shall proceed as provided in R.S. 44:411.

    B. All existing records or records hereafter accumulated by the
Department of Revenue and Taxation may be destroyed after five
years from the thirty-first day of December of the year in which
the tax to which the records pertain became due; provided that
these records shall not be destroyed in any case where there  is a
contest relative to the payment of taxes or where a claim has been
made for a refund or where litigation with reference thereto is
pending.

C. All existing records or records hereafter
accumulated by the various services of the state or its
subdivisions which participate in federal programs or receive
federal grants may be destroyed after three years from the date on
which the records were made in those cases where this provision is
not superseded by guidelines for the operative federal program or
grant requiring longer retention periods for the records in
question; provided that these records shall not be destroyed in any
case where litigation with reference thereto is pending, or until
the appropriate state or federal audits have been conducted.
D. All existing records or records hereafter accumulated by the
Department of Public Safety and Corrections, Corrections Services,
pertaining to any adult offender may not be destroyed until after
fifteen years from the date the full term sentence imposed upon
such offender expires.

                             La. R.S. 44:37 (1992)

@ 37. Penalties for violation by custodians of records

   Any person having custody or control of a public record, who
violates any of  the provisions of this Chapter, or any person not
having such custody or control who by any conspiracy, understanding
or co-operation with any other person hinders or attempts to hinder
the inspection of any public records declared by this Chapter to be
subject to inspection, shall upon first conviction be fined not
less than one hundred dollars, and not more than one thousand
dollars, or shall be imprisoned for not less than one month, nor
more than six months. Upon any subsequent conviction he shall be
fined not less than two hundred fifty dollars, and not more than
two thousand dollars, or imprisoned for not less than two months,
nor more than six months, or both.

                             La. R.S. 44:38 (1992)

@ 38. Repealed by Acts 1978, No. 686, @ 4

                              La. R.S. 44:39 (1992)

@ 39. Microfilm and electronic digitized records; use as evidence

   A. All persons and public bodies having custody or control of
any public records of the state of Louisiana or any of its
subdivisions may utilize any appropriate form of the
microphotographic process, or an electronic digitizing process
capable of reproducing an unalterable image of the original source
document, for the recordation, filing, and preservation of all
existing public records, forms, and documents or records, forms,
and documents hereafter accumulated which pertain to their
functions and operations in order to maintain efficient and
economical records management programs and to conserve storage
space, provided that the use of such microphotographic or
electronic digitizing processes are not otherwise prohibited by law
and that all microforms produced comply with standards established
by the division of archives, records  management, and history of
the Department of State in accordance with the provisions of R.S.
44:415.

B. Any microfilm or electronically digitized copy,
when satisfactorily identified, shall be deemed to be an original
itself, and shall be admissible in evidence in all courts or
administrative proceedings in any agency, whether the  original
document is in existence or not, and an enlargement or facsimile of
a reproduction is likewise admissible in evidence, if the original
reproduction is in existence and available for inspection under
direction of the court or the administrative agency. Original
records shall remain subject to subpoena.

                             La. R.S. 44:40 (1992)

@ 40. Additional copies of records by microphotographic process;
purchase of equipment; funds available for payment; copies of suit
records

   A. The several clerks of court and ex officio recorders and
registers of conveyances and recorders of mortgages, throughout the
state, are hereby authorized at their option to make additional
copies, by means of the microphotographic process, of all original
acts and/or records thereof, including criminal records, of every
nature and kind in their custody by virtue  of their various
official capacities as such clerks of court and ex officio records
and registers of conveyances and recorders of mortgages, filed or
recorded in their offices prior to July 29, 1964 and subsequent
thereto.

B. Such clerks of court and ex officio recorders and
registers are hereby authorized to purchase the necessary
microphotographic equipment and equipment used to retrieve from
storage microfilm copies, to lease such equipment or to contract
with competent independent contractors, or both, according to the
discretion of said clerks of court and ex officio recorders and
registers, to cause the records described in this section to be
copied and reproduced by means of the microphotographic process.

   C. Each such clerk of court and ex officio recorder and register
is hereby authorized to defray the cost of copying, reproducing and
retrieving the records described in this section, including the
cost of microphotographic and retrieval equipment and services, out
of any funds available in the clerk's salary fund.

D. In the
parish of Orleans the judges of the civil district court and the
criminal district court, and in the remainder of the state the
respective police juries or other governing authorities of the
several parishes, are authorized to provide the necessary funds,
when such funds are not already available, to enable said clerk of
courts and ex officio recorders and registers to carry out  the
provisions of this section.

E. The several clerks of court,
including the clerks of the Criminal or Civil District Courts for
the parish of Orleans, shall make and retain in their custody, by
means of the microphotographic process, a copy of all original
criminal and civil records of every nature and kind, which are
deemed permanent  under a record retention and disposal schedule
adopted by the secretary of state and the clerks of court in
accordance with R.S. 44:410, and which have been in their custody
for a period of five or more years. The clerks of court may then
destroy the original criminal records and any other records, the
destruction of  which is authorized by R.S. 13:917, which have been
so copied and retained. However, all records in suits affecting
records relating to immovable property,  or adoption, interdiction,
successions, trusts, or emancipation, shall be retained in their
original form, even though they have been copied as provided
herein.

F. Five years after rendition of a final judgment from
which no appeal may be taken, in any suit, except suits affecting
records relating to immovable property, adoption, interdiction,
successions, trusts or emancipation, the clerk of court, including
the clerk of the Criminal or Civil District Court in the parish of
Orleans, shall transfer at the direction of the state archivist all
permanent records in the suit to the Department of State, as
custodian of the official archives of the state, for safe and
secure storage, service, restoration, and preservation. The state
archivist shall establish a schedule by which all suit records
heretofore accumulated by various clerks of court shall be
transferred. The schedule shall include provisions for transfer
from the parishes, in alphabetical order, of records from the years
1699 through 1921, to be completed by December 31, 1980, and for
transfer, in the same order, of records from the years since 1921
in which the final judgment was rendered prior to September 8,
1973, to be completed by December 31, 1981. Upon receipt, the
department shall make reproductions of the original records by the
microphotographic process, retain a master negative thereof, and
transmit to the sending clerk a copy of the reproductions of the
records. The department shall maintain the confidentiality of any
records, or parts thereof, which are so classified by law.
Thereafter, notwithstanding the provisions of R.S. 44:421, the
department shall not make or authenticate copies or reproductions
of those records but, upon receipt of any request for service or of
any inquiry relating  to those records, the department shall
forward the request or inquiry to the appropriate clerk of court,
who may render the necessary services and charge the appropriate
fees, as provided in R.S. 13:841 or 844, or in Orleans Parish by
R.S. 13:1213 or 1381.

The provisions of this Subsection shall
not apply to any records, the destruction of which is authorized by
Subsection E of this section or by R.S. 13:917.