HLS 14RS-217 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1121
BY REPRESENTATIVE DANAHAY
PUBLIC RECORDS: Provides an exemption from the Public Records Law for certain
commercially sensitive information of a public power authority
AN ACT1
To enact R.S. 44:3.3, relative to public records; to provide an exemption for certain2
commercially sensitive information of a public power authority; to provide for3
definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 44:3.3 is hereby enacted to read as follows:6
ยง3.3. Public power authority; commercially sensitive information7
A. Nothing in this Chapter shall require the disclosure of commercially8
sensitive information in the custody or control of a public power authority.9
B. For purposes of this Section, the following terms shall have the following10
meanings:11
(1) "Commercially sensitive information" means information regarding a12
utility matter that is directly related to the public power authority's competitive13
activity which would, if disclosed, give an advantage to competitors or prospective14
competitors and includes the following:15
(a) Portfolio and generation unit specific fixed, variable, and related costs.16
(b) Fuel and purchased power costs and costs of related activities.17
(c) Risk management information and strategies.18
(d) Power pricing information, system load characteristics, marketing19
analyses and strategies, and customer billing, contract, and usage information.20 HLS 14RS-217 ORIGINAL
HB NO. 1121
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are additions.
(2) "Public power authority" means a political subdivision of the state1
created by the governing authority of a municipality pursuant to R.S. 33:4172 for the2
purpose of the construction, acquisition, improvement, operation, or management of3
a public power project or improvement.4
C. The provisions of Subsection A of this Section shall not apply to general5
information relating to the identity of the parties to any agreement or contract with6
a public power authority, and such information shall be subject to inspection,7
examination, copying, and reproduction.8
D. Nothing in this Section shall be construed in a manner as to prevent the9
inspection, examination, copying, or reproduction of any record or part of a record10
that does not contain commercially sensitive information.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
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)]
Danahay HB No. 1121
Abstract: Provides a public records exemption for certain commercially sensitive
information of a public power authority.
Present law (Public Records Law, R.S. 44:1 et seq.) provides that all books, records,
writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes,
recordings, memoranda, and papers, and all copies, duplicates, photographs, including
microfilm, or other reproductions thereof, or any other documentary materials, regardless
of physical form or characteristics, including information contained in electronic data
processing equipment, having been used, being in use, or prepared, possessed, or retained
for use in the conduct, transaction, or performance of any business, transaction, work, duty,
or function which was conducted, transacted, or performed by or under the authority of the
constitution or laws of the state, or by or under the authority of any ordinance, regulation,
mandate, or order of any public body or concerning the receipt or payment of any money
received or paid by or under the authority of the constitution or the laws of the state, are
"public records". Present law establishes the framework for the ready availability of public
records to requesting persons, and specifically provides that it is the duty of the custodian
of the public records for a public entity or agency to provide copies to persons so requesting. HLS 14RS-217 ORIGINAL
HB NO. 1121
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides for certain exceptions, exemptions, and limitations. Present law further
specifies that any exception, exemption, and limitation to the laws pertaining to public
records not provided for in the Public Records Law or in the constitution shall have no
effect.
Proposed law provides that nothing in the Public Records Law shall require the disclosure
of commercially sensitive information in the custody or control of a public power authority.
Defines "public power authority" and "commercially sensitive information" for its purposes.
Proposed law specifies that general information relating to the identity of the parties to any
agreement or contract with a public power authority shall be subject to inspection,
examination, copying, and reproduction and that nothing in proposed law shall be construed
in a manner as to prevent the inspection, examination, copying, or reproduction of any
record or part of a record that does not contain commercially sensitive information.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 44:3.3)