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HLS 26RS-1044 ENGROSSED
2026 Regular Session
HOUSE BILL NO. 763
BY REPRESENTATIVES BILLINGS AND WALTERS
PUBLIC RECORDS: Provides for a public Settlement Agreement Information Database
to contain certain information regarding settlements entered into by state agencies
1 AN ACT
2 To enact R.S. 39:16.16, relative to the reporting of settlements in certain legal actions; to
3 provide relative to the powers and duties of the commissioner of administration; to
4 provide for definitions; to provide for the information to be included on the website;
5 to provide relative to information required on and timing of reports; to provide for
6 exclusions; to provide for nondisclosure of certain information in certain
7 circumstances; to provide for an effective date; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 39:16.16 is hereby enacted to read as follows:
10 §16.16. Duties of the commissioner relative to the settlement agreement database
11 A. As used in this Section, the following terms shall have the following
12 meanings, unless the context clearly indicates otherwise:
13 (1) "Agency" means any state office, department, board, commission,
14 institution, division, officer or other person, or other organizational unit of
15 government within the executive branch of state government.
16 (2) "Settlement agreement" means a final document evidencing a
17 compromise of a legal action related to an alleged violation of federal or state law
18 that is entered into by a state agency. The term shall include a consent decree.
19 B. The commissioner shall ensure the website includes a settlement database.
20 For each settlement agreement, the database shall include each of the following:
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HB NO. 763
1 (1) The date the settlement agreement became final.
2 (2) A description of the claims settled pursuant to the agreement.
3 (3) The total amount the settling parties are obligated to pay pursuant to the
4 agreement and an itemization of each of the following:
5 (a) The amount of attorney fees and other litigation costs awarded, if any,
6 including a citation to the legal basis for such award.
7 (b) The amount, if any, each settling party is obligated to pay that is
8 expressly specified in the agreement as a civil or criminal penalty or fine.
9 (c) The amount of each award specified in the agreement that is not
10 otherwise covered by this Paragraph.
11 (4) Conditions for termination of the agreement, if applicable.
12 (5) A brief description of any economic data and methodology used to justify
13 the terms of the agreement.
14 (6) Any modifications to the settlement agreement, if applicable.
15 (7) A copy of the agreement or a statement of confidentiality pursuant to
16 Subsection C of this Section, as applicable.
17 C. Each agency shall provide the information required pursuant to the
18 provisions of this Section for each settlement agreement entered into by that agency
19 on or after January 1, 2027, within ninety days of the settlement agreement becoming
20 final. The information shall remain available on the website for five years from the
21 later of the date of initial entry in the database or the last date the entry was modified
22 by the agency.
23 D. Pursuant to the Administrative Procedure Act, the commissioner may
24 promulgate rules for implementation and administration of the provisions of this
25 Section.
26 E. An agency may apply to the commissioner for a waiver from the
27 requirements of this Section as long as the agency maintains a publicly accessible
28 database or website that the commissioner deems to include information regarding
29 settlement agreements that is substantially similar to the information required
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HB NO. 763
1 pursuant to the provisions of this Section. The commissioner shall ensure that a link
2 to each of these publicly accessible databases and websites is included on the website
3 established pursuant to the provisions of this Section.
4 Section 2. By December 31, 2026, the commissioner of administration shall have
5 the database required pursuant to Section 1 of this Act established and ready for data input
6 and public access.
7 Section 3.(A) The provisions of this Section and Section 2 of this Act shall become
8 effective upon signature by the governor or, if not signed by the governor, upon expiration
9 of the time for bills to become law without signature by the governor, as provided by Article
10 III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently
11 approved by the legislature, the provisions of this Section and Section 2 of this Act shall
12 become effective on the day following such approval.
13 (B) The provisions of Section 1 of this Act shall become effective January 1, 2027.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 763 Engrossed 2026 Regular Session Billings
Abstract: Requires the commissioner of administration ("commissioner") to establish and
maintain a public database containing information on legal settlements entered into
by the state and any of its agencies on or after Jan. 1, 2027.
Present law requires the commissioner to maintain various public databases with fiscal and
other information. Proposed law adds the requirement that the commissioner maintain a
database for settlement agreements executed by the state or any agency. 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. 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.
Proposed law requires each agency to enter information into the database for each settlement
agreement entered into on or after Jan. 1, 2027, including but not limited to:
(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 pay pursuant to the agreement
and an itemization of the amount of attorney fees and other litigation costs awarded,
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if any and the amount, if any, of any civil or criminal penalty or fine listed in the
settlement agreement.
(4) A copy of the agreement or a statement of confidentiality.
Proposed law requires the information to be entered into 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 entry in the database or the last
date the entry was modified by the state agency.
Authorizes an agency to apply to the commissioner for a waiver from the requirements of
proposed law as long as the agency maintains a publicly accessible 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. Requires the
settlement agreement database to contain a link to each of these publicly accessible
databases and websites.
Proposed law authorizes the commissioner to promulgate rules pursuant to the
Administrative Procedure Act for implementation and administration of proposed law.
Requires the commissioner to ensure the database established pursuant to proposed law is
operative by Dec. 31, 2026.
Provisions relative to establishment of the database effective upon signature of governor or
lapse of time for gubernatorial action. All other provisions effective Jan. 1, 2027.
(Adds R.S. 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. Remove exception to proposed law for information protected from disclosure by
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
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 pursuant to proposed law.
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CODING: Words in struck through type are deletions from existing law; words underscored
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