ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 57
Regular Session, 2012
HOUSE BILL NO. 178
BY REPRESENTATIVE PONTI
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 CONTAINS 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
is in fact proprietary or trade secret information shall be made by the custodian22
within thirty days of a submission; however, if a custodian receives a public records23
request during the period of thirty days, the determination shall be made within the24
time period provided in R.S. 44:32(D) and 33(B).25 ENROLLEDHB NO. 178
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(2) A custodian who receives a request pursuant to this Chapter for any1
information which has been marked by the developer, owner, or manufacturer as2
proprietary or trade secret information shall, prior to the disclosure of the3
information, immediately notify such developer, owner, or manufacturer of the4
request and of the custodian's determination of whether or not the information so5
requested is subject to disclosure.6
D. E. General information relating to the identity of the developer, owner,7
or manufacturer and any agreement or contract that such person or legal entity has8
entered into with the public body shall be subject to public review.9
E. F. Nothing in this Section shall be construed in a manner as to prevent the10
public examination or reproduction of any record or part of a record which is not11
proprietary or trade secret information.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: