RÉSUMÉ DIGEST
ACT 175 (HB 665) 2018 Regular Session Gregory Miller
Existing 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". Existing 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.
New 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 10 days after the determination of
confidentiality. New law specifically does not apply to an application for license or permit
or any record of negotiations concerning any hazardous waste or waste site.
New 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.
New law limits the confidentiality of the information pertaining to negotiations to 12 months
from the date of the CEO's determination of confidentiality. Provides that the confidentiality
may be extended for one additional 12 month period 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.
New law provides that the confidentiality provisions in new 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 (May 15, 2018).
(Adds R.S. 44:22.1)