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HLS 26RS-1044 ORIGINAL Regular Session HOUSE BILL NO.
HLS 26RS-1044 ENGROSSED Regular Session HOUSE BILL NO.
763 BY REPRESENTATIVE BILLINGS PUBLIC RECORDS:
763 BY REPRESENTATIVES BILLINGS AND WALTERS PUBLIC RECORDS:
As used in this Section, the term "settlement agreement" means a final document evidencing a compromise of a legal action related to an alleged violation of federal or state law that is entered into by a state agency.
As used in this Section, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Agency" means any state office, department, board, commission, institution, division, officer or other person, or other organizational unit of government within the executive branch of state government.
(2) "Settlement agreement" means a final document evidencing a compromise of a legal action related to an alleged violation of federal or state law that is entered into by a state agency.
(1) The date the settlement agreement became final.
(2) A description of the claims settled pursuant to the agreement.
(3) The total amount the settling parties are obligated to paypursuant to the agreement and an itemization of each of the following:
HLS 26RS-1044 ORIGINAL HB NO.
HLS 26RS-1044 ENGROSSED HB NO.
763 (a) The amount of attorney fees and other litigation costs awarded, if any, including a citation to the legal basis for such award.
763 (1) The date the settlement agreement became final.
(2) A description of the claims settled pursuant to the agreement.
(3) The total amount the settling parties are obligated to paypursuant to the agreement and an itemization of each of the following:
(a) The amount of attorney fees and other litigation costs awarded, if any, including a citation to the legal basis for such award.
C.(1) The requirement to submit information about a settlement agreement or a copy of a settlement agreement pursuant to the provisions of this Section shall not apply to the extent the information or the settlement agreement is exempt from disclosure pursuant to Public Records Law.
C.
(2) If the administrative head of the state agency that is a party to the settlement agreement determines that the Public Records Law prohibits disclosure of all or part of the agreement or that the sealing of a settlement agreement is required to protect the public interest, he shall execute a written statement of confidentiality that contains at least one of the following:
Each agency shall provide the information required pursuant to the provisions of this Section for eachsettlement agreement entered into bythat agency onorafterJanuary1,2027,withinninetydaysofthesettlementagreementbecoming final.
(a) A citation to the Public Records Law exception invoked for that agreement.
The information shall remain available on the website for five years from the laterofthedateofinitial entryin thedatabaseorthelastdatetheentrywasmodified by the agency.
(b) A statement as to why withholding the information or agreement is required to protect the public interest, which shall explain what interests are being protectedandwhythoseinterestsoutweighthepublic'sinterestinknowingaboutthe settlement and the expenditure of state resources pursuant to that settlement.
Each state agencyshall provide the information required pursuant to the provisions of this Section for each settlement agreement entered into bythat agency Page 2 of 4 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-1044 ORIGINAL HB NO.
763 onorafterJanuary1,2027,withinninetydaysofthesettlementagreementbecoming final.
The information shall remain available on the website for five years from the laterofthedateofinitial entryin thedatabaseorthelastdatetheentrywasmodified by the state agency.
E.
E.
An agency may apply to the commissioner for a waiver from the requirements of this Section as long as the agency maintains a publicly accessible database or website that the commissioner deems to include information regarding settlement agreements that is substantially similar to the information required Page 2 of 4 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-1044 ENGROSSED HB NO.
763 pursuanttotheprovisions ofthisSection.
Thecommissionershallensurethatalink toeachofthesepubliclyaccessibledatabasesandwebsitesisincludedonthewebsite established pursuant to the provisions of this Section.
Section 3.(A) The provisions of this Section and Section 2 of this Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration ofthetimeforbillstobecomelawwithoutsignaturebythegovernor,as providedbyArticle III, Section 18 of the Constitution of Louisiana.
Section 3.(A) The provisions of this Section and Section 2 of this Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration ofthetime forbills to becomelawwithoutsignaturebythegovernor,asprovidedbyArticle III, Section 18 oftheConstitution ofLouisiana.
Ifvetoedbythegovernor and subsequently approved by the legislature, the provisions of this Section and Section 2 of this Act shall become effective on the dayfollowing such approval.
If vetoed bythe governor and subsequently approved by the legislature, the provisions of this Section and Section 2 of this Act shall become effective on the dayfollowing such approval.
1:13(B) and 24:177(E)] HB 763 Original 2026 Regular Session Billings Abstract:
1:13(B) and 24:177(E)] HB 763 Engrossed 2026 Regular Session Billings Abstract:
Proposed law adds the requirement that the commissioner maintain a database for settlement agreements executed by the state or any state agency.
Proposed law adds the requirement that the commissioner maintain a databaseforsettlementagreementsexecutedbythestateoranyagency.
Defines "settlementagreement"tomeanafinaldocumentevidencingacompromiseofalegalaction related to an alleged violation of federal or state law that is entered into by a state agency, including a consent decree.
Defines"settlement agreement" to mean a final document evidencing a compromise of a legal action related to an alleged violation of federal or state law that is entered into by a state agency, including a consent decree.
Present law defines "state agency" to mean any state office, department, board, commission, institution, division, officer or other person, or functional group, authorized to exercise, or that does exercise, any functions of the executive branch of the state government, including higher education agencies and state retirement systems.
Further defines "agency" to mean any state office, department, board, commission, institution, division, officer or other person, or organizational unit of government within the executive branch.
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Proposedlawrequireseachagencytoenterinformationintothedatabaseforeachsettlement agreement entered into on or after Jan.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-1044 ORIGINAL HB NO.
763 Proposed law requires each state agency to enter information into the database for each settlement agreement entered into on or after Jan.
(3) The total amount the settling parties are obligated to pay pursuant to the agreement andanitemization of the amount of attorneyfees andotherlitigationcostsawarded, if any and the amount, if any, of any civil or criminal penalty or fine listed in the settlement agreement.
(3) The total amount the settling parties are obligated to pay pursuant to the agreement and an itemization of theamountofattorneyfeesandother litigation costs awarded, Page 3 of 4 CODING:
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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-1044 ENGROSSED HB NO.
763 if any and the amount, if any, of any civil or criminal penalty or fine listed in the settlement agreement.
Proposed law authorizes a state agency to exempt disclosure of any or all of the settlement agreementinformationifcertainconditionsaremet.
Proposed law requiresthe information to be enteredinto the public database within 90 days of the settlement agreement becoming final and for each agreement to remain available on the website for five years from the later of the date of initial entryin the database or the last date the entry was modified by the state agency.
Requirestheadministrativeheadofthe state agency that is a party to the settlement agreement to execute a written statement of confidentiality that contains either a citation to the Public Records Law exception invoked for that agreement or a statement as to why withholding the information or agreement is required to protect the public interest.
Authorizes an agency to apply to the commissioner for a waiver from the requirements of proposed law as long as the agencymaintains a publiclyaccessible database or website that the commissioner deems to include information on settlement agreements that is substantially similar to the information required pursuant to proposed law.
Proposed law requiresthe information to be enteredinto the public databasewithin 90 days of the settlement agreement becoming final and for each agreement to remain available on the website for five years from the later of the date of initial entryin the database or the last date the entry was modified by the state agency.
Requires the settlement agreement database to contain a link to each of these publicly accessible databases and websites.
39:16.16) Page 4 of 4 CODING:
39:16.16) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Appropriations to the original bill:
1.
Add definition of "agency".
2.
Removeexceptiontoproposedlawforinformationprotectedfromdisclosureby the public records law and an exception for an agency head that determines disclosure pursuant to proposed law is not the public interest.
3.
Add authorization for the commissioner to grant a waiver to an agency that maintainsapubliclyaccessibledatabaseorwebsitethatthecommissionerdeems to include information regarding settlement agreements that is substantially similar to the information required pursuant to proposed law.
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