This bill amends R.S. 44:35(E) of the Public Records Law in Louisiana, focusing on enforcement proceedings related to the withholding of public records. It establishes that if a court finds a custodian has arbitrarily or capriciously withheld a requested record or failed to respond appropriately, the court may award the requestor actual damages and civil penalties of up to one hundred dollars per day for each day of non-compliance.

Significantly, the bill removes the provision that made custodians personally liable for damages and litigation costs, instead stating that no individual shall be personally liable for any penalties, including damages and attorney fees, resulting from non-compliance. Instead, the public body will be responsible for any penalties assessed. This change aims to limit personal liability for custodians while ensuring accountability for public bodies in handling public records requests.

Statutes affected:
HB768 Original: 44:35(E)
HB768 Engrossed: 44:35(E)
HB768 Reengrossed: 44:35(E)(1)
HB768 Enrolled: 44:35(E)
HB768 Act 493: 44:35(E)