RDCSB133 362 3488
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)]
SB 133 Engrossed 2018 Regular Session Hewitt
Present law, the Public Records Law, requires the disclosure of public records upon request.
Present law provides an exception for certain proprietary or trade secret information and
further 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 requires the
developer, owner, or manufacturer to mark clearly each instance of information which is,
in his opinion, proprietary or trade secret information. 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. 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. 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. 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.
Proposed law requires the office of state fire marshal to provide electronic access to its
information management system to the State Bd. of Architectural Examiners and the La.
Professional Engineering and Land Surveying Bd. for the examination and reproduction of
plans, drawings, and specifications submitted to the office of state fire marshal.
Proposed law prohibits the State Bd. of Architectural Examiners and the La. Professional
Engineering and Land Surveying Bd. from allowing 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 shall not be held responsible or
liable for any release of confidential, proprietary, or trade secret information by the State Bd.
of Architectural Examiners or the La. Professional Engineering and Land Surveying Bd.
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.
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Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the engrossed bill:
1. Specify that the access given to the system is not to all documents submitted to
the state fire marshal but access to examine and reproduce plans, drawings, and
specifications submitted to the office of state fire marshal.
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