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Louisiana FOIA procedures
| Louisiana FOIA procedures |
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| FOIA laws in Louisiana |
| Freedom of Information Act |
| Court cases with an impact on state FOIA |
| FOIA procedures by state |
Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.
This article describes FOIA procedures in Louisiana as of May 2025. On this page you will find:
- How to request public records
- Who may request public records
- Fees associated with public records requests
- Required response times for requests
- Exemptions to public records requests
How to request public records in Louisiana
The Louisiana Public Records Act is found in Louisiana Revised Statutes Title 44. According to the Louisiana legislative auditor, "All requests for public documents should be directed to the custodian of the particular public record."[1]
Purpose and use
Louisiana Revised Statutes 44:32 says, "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."[2] There are no restrictions placed on the use of records in Louisiana.
Who may request public records?
According to the Louisiana legislative auditor:[3]
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Except as otherwise provided for by law, any person of the age of majority may inspect, copy, or reproduce any public record, and any person may obtain a copy or reproduction of any public record. R.S. 44:31.1 limits the definition of person to exclude individuals in custody after sentencing following a felony conviction who has exhausted his appellate remedies if the request is not limited to grounds upon which the individual could file for post-conviction relief under Code of Criminal Procedure Article 930.3. The limitation of R.S. 44:31.1 does not extend to the attorney representing the incarcerated felon. Boren v. Taylor, 16-2078 (La. 6/29/17) 223So.3d 1130.[4] |
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Louisiana is among 42 states that do not require individuals requesting public records to be state residents.
Fees
- See also: How much do public records cost?
Louisiana law allows fees to be charged to cover the cost of responding to a public records request. According to Louisiana Revised Statutes 44:32:[2]
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(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, 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. 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. The custodian may request payment of fees in advance of production. 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 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 reproduction of public records. (c) 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 described in R.S. 44:31 is prohibited unless ordered by a court of competent jurisdiction. (d) Any person, as provided for in R.S. 44:31, may request a copy or reproduction of any public record and it shall be the duty of the custodian to provide such copy or reproduction to the person so requesting. (2)(a) 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. 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 or as otherwise fixed or provided by law. 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. (b) Copies of records held by a public postsecondary education institution shall be furnished without charge to any student-produced media outlet that is affiliated with the institution and that is funded in whole or in part by fees levied by the institution or by students enrolled at the institution. (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.[4] |
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Response time
- See also: Request response times by state
The custodian of the records in question must respond to records requests immediately if possible, or within three days if the record is not immediately available. According to the Louisiana legislative auditor:[5]
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The custodian shall immediately present to a requestor any public record that is immediately available and not in use. If the record is not immediately available, i.e., is in active use at the time of the application requesting it, the custodian shall promptly certify the unavailability of the record to the requestor in writing, and in this certificate fix a day and hour within three (3) days, exclusive of Saturdays, Sundays, or legal holidays, for the exercise of the requestor’s right to examine or receive a copy of the record.[4] |
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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.
Exemptions
Exemptions to the Louisiana Public Records Act are outlined in Louisiana Revised Statutes 44:4.1.
See also
External links
- Louisiana Revised Statutes
- Louisiana State Archives and Libraries
- Louisiana Legislative Auditor - Public Records Law
Footnotes
- ↑ Louisiana Legislative Auditor, "Public Records Law," accessed May 10, 2025 (page 19)
- ↑ 2.0 2.1 Louisiana State Legislature, "Revised Statutes 44:32," accessed May 10, 2025
- ↑ Louisiana Legislative Auditor, "Public Records Law," accessed May 10, 2025 (page 18)
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Louisiana Legislative Auditor, "Public Records Law," accessed May 10, 2025 (page 22)
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