The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Tim Prather.
DIGEST
SB 133 Engrossed 2018 Regular Session Hewitt
Present law, the Public Records Law, requires the disclosure of public records upon request.
Proposed law provides that the Office of State Fire Marshal will provide electronic access to its
information management system, or any subsequent system thereafter, to the State Board of
Architectural Examiners or the Louisiana Professional Engineering and Land Surveying Board, for
the examination and reproduction of documents submitted to the Louisiana State Fire Marshal.
Proposed law provides that the State Board of Architectural Examiners and the Louisiana
Professional Engineering and Land Surveying Board will not allow for examination or release of any
documents obtained from the Office of State Fire Marshal’s information system to the public or other
third party, including other state agencies.
Proposed law provides that the Office of State Fire Marshal will not be held responsible or liable for
any release of confidential, proprietary, or trade secret information by the State Board of
Architectural Examiners or the Louisiana Professional Engineering and Land Surveying Board.
Present law provides an exemption for proprietary or trade secret information submitted to the Dept.
of Economic Development for economic development purposes.
Proposed law retains present law.
Present law requires all records containing proprietary or trade secret information submitted by a
developer, owner, or manufacturer to a public body pursuant to present law to contain a cover sheet
that provides in bold type "DOCUMENT CONTAINS CONFIDENTIAL PROPRIETARY OR
TRADE SECRET INFORMATION". Present law further requires the developer, owner, or
manufacturer to mark clearly each instance of information which is, in his opinion, proprietary or
trade secret information.
Proposed law retains present law.
Present law provides that the determination of whether such information is in fact proprietary or
trade secret information shall be made by the custodian within 30 days of a submission; however,
if a custodian receives a public records request during the period of 30 days, the determination shall
be made within the time period provided in present law.
Proposed law retains present law.
Present law requires a custodian who receives a request for any information which has been marked by the developer, owner, or manufacturer as proprietary or trade secret information to notify
immediately, prior to the disclosure of the information, such developer, owner, or manufacturer of
the request and of the custodian's determination of whether or not the information so requested is
subject to disclosure.
Proposed law retains present law.
Present law provides that general information relating to the identity of the developer, owner, or
manufacturer and any agreement or contract that such person or legal entity has entered into with the
public body shall be subject to public review.
Proposed law retains present law.
Present law provides that nothing in present law shall be construed in a manner as to prevent the
public examination or reproduction of any record or part of a record which is not proprietary or trade
secret information.
Proposed law retains present law.
Effective August 1, 2018.
(Adds R.S. 44:3.2(G))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the original bill
1. Authorizes limited electronic access of the State Fire Marshal's information
management system by the State Board of Architectural Examiners or the Louisiana
Professional Engineering and Land Surveying Board.