HLS 12RS-777 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 178
BY REPRESENTATIVE PONTI
ECONOMIC DEVELOP/DEPT: Extends confidentiality to any proprietary or trade secret
information submitted for economic development purposes
AN ACT1
To amend and reenact R.S. 44:3.2(C), (D), and (E) and to enact R.S. 44:3.2(F), relative to2
economic development; to provide for the confidentiality of any proprietary or trade3
secret information submitted to the Department of Economic Development for4
economic development purposes; to provide for an effective date; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 44:3.2(C), (D), and (E) are hereby amended and reenacted and R.S.8
44:3.2(F) is hereby enacted to read as follows:9
ยง3.2. Proprietary and trade secret information10
* * *11
C. Nothing in this Chapter shall be construed to require the disclosure of12
proprietary or trade secret information which has been submitted to the Department13
of Economic Development for economic development purposes.14
C.(1) D.(1) All records containing proprietary or trade secret information15
submitted by a developer, owner, or manufacturer to a public body pursuant to16
Subsection A, or B, or C of this Section shall contain a cover sheet that provides in17
bold type "DOCUMENT CONTAI NS CONFIDENTIAL PROPRIETARY OR18
TRADE SECRET INFORMATION". The developer, owner, or manufacturer shall19
clearly mark each instance of information which is, in his opinion, proprietary or20
trade secret information. However, the determination of whether such information21 HLS 12RS-777 ENGROSSED
HB NO. 178
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
is in fact proprietary or trade secret information shall be made by the custodian1
within thirty days of a submission; however, if a custodian receives a public records2
request during the period of thirty days, the determination shall be made within the3
time period provided in R.S. 44:32(D) and 33(B).4
(2) A custodian who receives a request pursuant to this Chapter for any5
information which has been marked by the developer, owner, or manufacturer as6
proprietary or trade secret information shall, prior to the disclosure of the7
information, immediately notify such developer, owner, or manufacturer of the8
request and of the custodian's determination of whether or not the information so9
requested is subject to disclosure.10
D. E. General information relating to the identity of the developer, owner,11
or manufacturer and any agreement or contract that such person or legal entity has12
entered into with the public body shall be subject to public review.13
E. F. Nothing in this Section shall be construed in a manner as to prevent the14
public examination or reproduction of any record or part of a record which is not15
proprietary or trade secret information.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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)]
Ponti HB No. 178
Abstract: Provides for the confidentiality of any proprietary or trade secret information
submitted to the Dept. of Economic Development for economic development
purposes.
Present law establishes the Public Records Law which requires the disclosure of public
records upon request. HLS 12RS-777 ENGROSSED
HB NO. 178
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law creates an exemption for proprietary or trade secret information submitted to
the Dept. of Economic Development for economic development purposes.
Present law requires all records containing proprietary or trade secret information submitted
by a developer, owner, or manufacturer to a public body pursuant to present law to contain
a cover sheet that provides in bold type "DOCUMENT CONTAI NS CONFIDENTIAL
PROPRIETARY OR TRADE SECRET INFORMATION". Present law further requires the
developer, owner, or manufacturer to clearly mark each instance of information which is,
in his opinion, proprietary or trade secret information.
Proposed law retains present law.
Present law provides that the determination of whether such information is in fact
proprietary or trade secret information shall be made by the custodian within 30 days of a
submission; however, if a custodian receives a public records request during the period of
30 days, the determination shall be made within the time period provided in present law.
Proposed law retains present law.
Present law requires a custodian who receives a request for any information which has been
marked by the developer, owner, or manufacturer as proprietary or trade secret information
to immediately notify, prior to the disclosure of the information, such developer, owner, or
manufacturer of the request and of the custodian's determination of whether or not the
information so requested is subject to disclosure.
Proposed law retains present law.
Present law provides that general information relating to the identity of the developer,
owner, or manufacturer and any agreement or contract that such person or legal entity has
entered into with the public body shall be subject to public review.
Proposed law retains present law.
Present law provides that nothing in present law shall be construed in a manner as to prevent
the public examination or reproduction of any record or part of a record which is not
proprietary or trade secret information.
Proposed law retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 44:3.2(C), (D), and (E); Adds R.S. 44:3.2(F))