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)]
HB 665 Engrossed 2018 Regular Session Gregory Miller
Abstract: Provides for confidentiality of certain information regarding active negotiations involving
a port commission or a port, harbor, and terminal district for no more than 24 months under
certain circumstances.
Present law (R.S. 44:1 et seq. – Public Records Law) 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 a 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 of a public entity or agency to provide copies to persons so requesting. Provides
for certain exceptions, exemptions, and limitations.
Proposed law provides that records in the custody of a port commission or port, harbor, and terminal
district pertaining to an active negotiation with a person for the purpose of a proposed project
involving the retention, expansion, or attraction of further economic development of the port which
relate to or facilitate the transportation of goods in domestic or international commerce shall be
confidential if such confidentiality is requested in writing detailing the reasons therefor and asserting
that the negotiation is conditioned on such confidentiality and the chief executive officer (CEO) of
the commission or district determines that disclosure of such records would have a detrimental effect
on the negotiation and the reasons therefor. Requires publication in the commission's or district's
official journal of a notice of such confidentiality no later than ten days after the determination of
confidentiality.
Proposed law provides that the commission's or district's expense records pertaining to the
negotiation shall be public except the CEO may redact information he determines would identify the
person with whom the commission or district is negotiating and such information shall be
confidential until negotiations are concluded. Provides that at the conclusion of the negotiation, all
such records shall be subject to the Public Records Law. Proposed law limits the confidentiality of the negotiations to 12 months from the date of the CEO's
determination of confidentiality. Provides that the confidentiality may be extended another 12
months if the negotiation remains active and the CEO again determines the disclosure would be
detrimental to the negotiation and he provides notice in the official journal. Further limits
confidentiality of the negotiations to no more than 24months after the CEO's initial determination.
Proposed law defines active negotiation as a negotiation that has commenced and has not concluded
when the commission or district receives a request for information from a person concerning the
project. Provides that a negotiation is no longer active or is concluded when the commission or
district or the person decides to no longer actively pursue the request for assistance or when a
proposal affecting the negotiation is submitted to a public body for consideration in a public meeting,
whichever occurs earlier.
Proposed law specifies that is does not apply to an application for license or permit or any record
of negotiations concerning any hazardous waste or waste site.
Proposed law provides that the confidentiality provisions in proposed law shall not be effective
unless the party whose information is being held as confidential also maintains as confidential
information provided to the party by the commission or district concerning the project.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 44:22.1)