Louisiana 2021 Regular Session

Louisiana House Bill HB456 Latest Draft

Bill / Engrossed Version

                            HLS 21RS-593	REENGROSSED
2021 Regular Session
HOUSE BILL NO. 456
BY REPRESENTATIVES EDMONDS AND DAVIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ECONOMIC DEVELOPMENT:  Provides relative to protection of employee data submitted
to Louisiana Economic Development as a condition of business incentive program
verification
1	AN ACT
2To amend and reenact R.S. 44:4.1(B)(22) and to enact R.S. 36:104.1(H), relative to
3 employee data provided for compliance with the Department of Economic
4 Development; to require such employee data to be redacted by the department; to
5 exempt such data from Public Records Law; to provide for exceptions; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 36:104.1(H) is hereby enacted to read as follows: 
9 §104.1.  Fee for independent certified public accountant or tax attorney verification
10	reports required for certain Department of Economic Development programs;
11	protection of employee information; applicability
12	*          *          *
13	H.(1)  The department shall redact the following employee data submitted by
14 an applicant in accordance with the provisions this Section, and such information
15 shall be exempt from the Public Records Law, R.S. 44:1 et seq.:
16	(a)  Social security number.
17	(b)  Name.
18	(c)  Job title.
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HB NO. 456
1	(d)  Individual wages.
2	(e)  Street name and house number.
3	(f)  Employee payroll information and tax withholding information.
4	(g)  Bank information.
5	(h)  Unemployment number.
6	(i)  Louisiana Department of Revenue account number.
7	(j)  FastLane code.
8	(2)  The provisions of Paragraph (1) of this Subsection shall apply to the
9 following Department of Economic Development incentive programs and forms:
10	(a)  The Industrial Tax Exemption Program annual certification of
11 compliance.
12	(b)  The Louisiana Quality Jobs Program annual certification report.
13	(c)  The Louisiana Enterprise Zone Program employee certification report.
14	(d)  The Retention and Modernization Tax Credit baseline jobs worksheet
15 and new job worksheet.
16 Section 2. R.S. 44:4.1(B)(22) is hereby amended and reenacted to read as follows: 
17 §4.1.  Exceptions
18	*          *          *
19	B.  The legislature further recognizes that there exist exceptions, exemptions,
20 and limitations to the laws pertaining to public records throughout the revised
21 statutes and codes of this state.  Therefore, the following exceptions, exemptions, and
22 limitations are hereby continued in effect by incorporation into this Chapter by
23 citation:
24	*          *          *
25	(22)  R.S. 36:108 36:104.1(H), 108
26	*          *          *
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HB NO. 456
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 456 Reengrossed 2021 Regular Session	Edmonds
Abstract:  Requires some employee data be redacted from required verification reports for
certain economic development programs and exempts such data from Public Records
Law.
Present law requires a verification report to be submitted by an independent certified public
accountant or tax attorney to certify compliance with certain Dept. of Economic
Development tax credit programs.
Present law requires an applicant seeking to certify eligibility to make any records related
to the application for the program available to the accountant or tax attorney for the
preparation of the required verification report.
Proposed law retains present law and requires the department to redact the following
information from the records required to be submitted by the applicant to comply with
present law:
(1)Social security number.
(2)Name.
(3)Job title.
(4)Individual wages.
(5)Street name and house number.
(6)Employee payroll information and tax withholding information.
(7)Bank information.
(8)Unemployment number.
(9)La. Dept. of Revenue account number.
(10)FastLane code.
Proposed law exempts such data from Public Records Law.
Proposed law provides that proposed law is applicable to the following forms and programs:
(1)The Industrial Tax Exemption Program annual certification of compliance.
(2)The La. Quality Jobs Program annual certification report.
(3)The La. Enterprise Zone Program employee certification report.
(4)The Retention and Modernization Tax Credit baseline jobs worksheet and new job
worksheet.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-593	REENGROSSED
HB NO. 456
(Amends R.S. 44:4.1(B)(22); Adds R.S. 36:104.1)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Limit the wages that are to be redacted to individual wages.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.