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 461 Original 2024 Regular Session Jackson
Abstract: Provides for confidentiality of certain information regarding active economic
development negotiations involving a local government for no more than 24 months under
certain circumstances.
Present law (R.S. 44:1 et seq. – Public Records Law) provides that all types of records, 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". Present 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, including exceptions for economic development
negotiations with the Dept. of Economic Development and with port commissions and port, harbor,
and terminal districts.
Proposed law provides that records in the custody of a local government 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 in the parish or municipality 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 parish
or municipality determines that disclosure of such records would have a detrimental effect on the
negotiation and the reasons therefore. Requires a notice of such confidentiality to be published on
the local government's website and in its official journal no later than 10 days after the determination
of confidentiality. Proposed law further specifies that the local government's expense records
pertaining to the negotiation 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.
Proposed 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 on the local
government's website and in its official journal. Proposed law specifically does not apply to an application for license or permit or any record of
negotiations concerning any hazardous waste or waste site. Proposed law provides that the
confidentiality provisions in proposed 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 local
government concerning the project.
(Adds R.S. 44:22.2)