Sharing an elected Louisiana leader's personal info could soon result in fines, jail time
A legislative proposal originally intended to provide an additional layer of security to judges and prosecutors who deal with violent criminals has been altered to shield a broad range of personal information about state elected officials in Louisiana.
Free speech and good government advocates are concerned officials could use the law, which will take effect unless the governor vetoes the proposal, to silence critics, punish journalists and keep unfavorable information out of the public's hands.
Last week, the legislature gave final approval to House Bill 681 by Rep. Marcus Bryant, D-New Iberia, after Sen. Caleb Kleinpeter, R-Port Allen, added last-minute amendments to include statewide elected officials, members of the Public Service Commission and state lawmakers under an existing state law that shields their personal information from being made public.
The amended version of the bill passed the Senate on a 36-0 vote and the House on an 89-0 vote.
The law prevents the elected officials' home addresses, phone numbers, personal email addresses, Social Security numbers, driver's license numbers, federal tax identification numbers, bank account numbers, credit and debit card numbers, license plate numbers from being published in government records or on a public website. Also protected under the law are marital records and birthdates.
An official's church, the school or daycare their child attends and the employment location of their spouse, children or dependents would also be shielded.
'It's incredibly concerning and broad … in a way I cannot describe because I don't yet know how bad it's going to be,' said attorney Scott Sternberg, who works on First Amendment cases, adding that such prosecutions would likely be unconstitutional.
If Gov. Jeff Landry allows the proposal to become law, the newly included elected officials could request their personal information be removed from public records. It could also be used to force someone to remove an online post with personal information about the elected officials.
For example, the law could be wielded against somebody who raises concerns about conflicts of interest pertaining to the employment of an elected official's spouse or child.
If that person does not comply, they can be sued and face misdemeanor charges that carry up to 90 days in prison, a $1,000 fine or both.
The bill could allow the sealing of marital records to prevent the public from learning of allegations of abuse in a divorce proceeding.
'In Louisiana's constitution … we have decided the people are entitled to certain information, because … the people have learned to check up on the government every now and then,' Sternberg said.
'Whenever an exception [to public records law] passes … it limits the public's right to access,' Sternberg added.
Broadening the scope of the bill without public debate troubles good governance advocates.
'Slipping such a significant public records exemption into a bill with little acknowledgment and no debate raises questions about what people are trying to hide and undermines transparency,' said Steven Procopio, president of Public Affairs Research Council of Louisiana.
Lawmakers and other individuals involved in Bryant's legislation have not been willing to say how the last-minute amendments got into the bill.
'These bills are not mine. I'm just bringing them,' Bryant said in an interview, referring questions to Zach Daniels, executive director of the Louisiana District Attorneys Association, who declined to comment for this report.
Insurance Commissioner Tim Temple said he asked to have statewide elected officials added to the bill but not state lawmakers or Public Service Commission members. Temple said billboards bearing his home address have been put up around the state, prompting his request.
Senate President Cameron Henry, R-Metairie, said he did not ask for the amendments but supports them.
Public Service Commissioner Davante Lewis, D-Baton Rouge, posted on social media he had 'no clue' how PSC members were added, adding he did not support the legislation.
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