Danahay (HB 1121) Act No. 269
Existing 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". Existing 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.
Existing law provides for certain exceptions, exemptions, and limitations. Existing 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.
New 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" as a political subdivision of the state created by the
governing authority of a municipality pursuant to existing law (R.S. 33:4172) for the purpose
of the construction, acquisition, improvement, operation, or management or a public power
project or improvement. Defines "commercially sensitive information" as information
regarding a utility matter that is directly related to the public power authority's competitive
activity which would, if disclosed, give an advantage to competitors or prospective
competitors and includes specified types of information.
New law further 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 new 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 (May 28, 2014).
(Adds R.S. 44:3.3)