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. 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)