SLS 20RS-254 REENGROSSED
2020 Regular Session
SENATE BILL NO. 191
BY SENATOR WHITE
PUBLIC RECORDS. Provides relative to confidentiality of certain information contained
in contracts with the Department of Economic Development. (gov sig)
1 AN ACT
2 To enact R.S. 44:4(59) and 22.2, relative to public records; to provide for contracts with the
3 Department of Economic Development; to provide for confidentiality of certain
4 information submitted pursuant to a contract with the Department of Economic
5 Development; to provide for terms, definitions, and conditions; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 44:4(59) and 22.2 are hereby enacted to read as follows:
9 §4. Applicability
10 This Chapter shall not apply:
11 * * *
12 (59)(a) To personally identifiable information, defined in R.S. 44:22.2,
13 of any employee whose information is required to be submitted by an employer
14 pursuant to an agreement with the Department of Economic Development for
15 any incentive program or discretionary inducement. This information shall be
16 confidential pursuant to R.S. 44:22.2.
17 (b) As used in this Paragraph:
Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 191
SLS 20RS-254 REENGROSSED
1 (i) "Employee" means a natural person who is paid compensation in
2 return for the performance of services. An employee includes but is not limited
3 to any person who is paid a salary, hourly wage, or commission in exchange for
4 their performance of the services.
5 (ii) "Employer" means a person, association, or legal or commercial
6 entity receiving services from an employee and, in return, giving compensation
7 of any kind to an employee.
8 * * *
9 §22.2. Economic development contracts
10 A. Notwithstanding any other provision of this Chapter to the contrary,
11 any personally identifiable information of any employee whose information is
12 required to be submitted by an employer to the Department of Economic
13 Development pursuant to an agreement with the Department of Economic
14 Development for any incentive program or discretionary inducement shall be
15 confidential and shall not be subject to the provisions of R.S. 44:31, 32, or 33.
16 B. As used in this Section:
17 (1) "Employee" means a natural person who is paid compensation in
18 return for the performance of services. An employee includes but is not limited
19 to any person who is paid a salary, hourly wage, or commission in exchange for
20 their performance of the services.
21 (2) "Employer" means a person, association, or legal or commercial
22 entity receiving services from an employee and, in return, giving compensation
23 of any kind to an employee.
24 (3)(a) "Personally identifying information" means information about an
25 individual that can be used on its own or with other information to identify,
26 contact, or locate a single individual, including but not limited to the following
27 information:
28 (i) Any information that can be used to distinguish or trace an
29 individual's identity such as full or partial name, job title, full or partial social
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 191
SLS 20RS-254 REENGROSSED
1 security number, personnel number, home address, or date or place of birth.
2 (ii) Any other information that is linked or linkable to an individual such
3 as medical, educational, financial, or employment information.
4 (b) "Personally identifying information" shall not include the full or
5 partial name of any majority shareholder of an employer.
6 Section 2. This Act shall become effective upon signature by the governor or, if not
7 signed by the governor, upon expiration of the time for bills to become law without signature
8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9 vetoed by the governor and subsequently approved by the legislature, this Act shall become
10 effective on the day following such approval.
The original instrument was prepared by Michelle Ridge. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Carla S. Roberts.
DIGEST
SB 191 Reengrossed 2020 Regular Session White
Present law provides relative to the Public Records Law.
Present law defines the term "public records" and provides for exemptions to the public
records law.
Proposed law provides that any personally identifiable information of any employee whose
information is submitted to the Department of Economic Development (department)
pursuant to an agreement with the department for any incentive program or discretionary
inducement or will be confidential and will not be subject to the Public Records Law.
Proposed law defines "employee" as a natural person who is paid compensation in return for
the performance of services. An employee includes but is not limited to any person who is
paid a salary, hourly wage, or commission in exchange for their performance of the services.
Proposed law defines "employer" as a person, association, or legal or commercial entity
receiving services from an employee and, in return, giving compensation of any kind to an
employee.
Proposed law defines "personally identifiable information" as information about an
individual that can be used on its own or with other information to identify, contact, or locate
a single individual, including but not limited to the following:
(1)Any information that can be used to distinguish or trace an individual's identity such
as full or partial name, job title, full or partial social security number, personnel
number, home address, or date and place of birth.
(2)Any other information that is linked or linkable to an individual such as medical,
educational, financial, and employment information.
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 191
SLS 20RS-254 REENGROSSED
Proposed law provides that "personally identifiable information" shall not include the full
or partial name of any majority shareholder of an employer.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 44:4(59) and 22.2)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Changes the term "person" to "employee," as it relates to the individuals
whose information is not subject to a public record's request.
2. Defines certain terms in the exception to the Public Records Law.
3. Provides that protected "personally identify in information" does not include
the full of partial name of any majority shareholder of an employer.
4. Makes technical changes.
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.