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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 426
BY SENATOR MARTINY
ECONOMIC DEVELOP DEPT. Extends confidentiality to any proprietary or trade secret
information submitted for economic development purposes. (7/1/12)
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 disclosure12
of proprietary or trade secret information which has been submitted to the13
Department 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 SB NO. 426
SLS 12RS-750 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
bold type "DOCUMENT CONTAI NS CONFIDENTIAL PROPRIETARY OR1
TRADE SECRET INFORMATION". The developer, owner, or manufacturer shall2
clearly mark each instance of information which is, in his opinion, proprietary or3
trade secret information. However, the determination of whether such information4
is in fact proprietary or trade secret information shall be made by the custodian5
within thirty days of a submission; however, if a custodian receives a public records6
request during the period of thirty days, the determination shall be made within the7
time period provided in R.S. 44:32(D) and 33(B).8
(2) A custodian who receives a request pursuant to this Chapter for any9
information which has been marked by the developer, owner, or manufacturer as10
proprietary or trade secret information shall, prior to the disclosure of the11
information, immediately notify such developer, owner, or manufacturer of the12
request and of the custodian's determination of whether or not the information so13
requested is subject to disclosure.14
D. E. General information relating to the identity of the developer, owner,15
or manufacturer and any agreement or contract that such person or legal entity has16
entered into with the public body shall be subject to public review.17
E. F. Nothing in this Section shall be construed in a manner as to prevent the18
public examination or reproduction of any record or part of a record which is not19
proprietary or trade secret information.20
Section 2. This Act shall become effective on July 1, 2012.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Martiny (SB 426)
Present law establishes the Public Records Law which requires the disclosure of public
records upon request.
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 CONTAINS CONFIDENTIAL SB NO. 426
SLS 12RS-750 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 July 1, 2012.
(Amends R.S. 44:3.2(C), (D), and (E); adds R.S. 44:3.2(F))