Louisiana House Bill HB178

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12
• Report Pass: 3/28/12
• Engrossed: 4/4/12
• Refer: 4/9/12
• Report Pass: 4/25/12
• Enrolled: 5/7/12
• Chaptered: 5/11/12
• Passed: 5/11/12

Caption

Extends confidentiality to any proprietary or trade secret information submitted for economic development purposes

Impact

The impact of HB 178 on state laws primarily revolves around the provision of confidentiality for information deemed proprietary or as trade secrets. By clearly outlining the process for marking and determining the confidentiality of such information, the bill protects companies from possible disclosure arising from public records requests. It ensures that the identity of developers, owners, or manufacturers, along with any agreements made with public bodies, remain protected from public examination, provided they are marked clearly as proprietary.

Summary

House Bill 178, sponsored by Representative Ponti, aims to enhance the confidentiality of proprietary or trade secret information submitted to the Louisiana Department of Economic Development for economic development purposes. The bill amends existing provisions (R.S. 44:3.2) to clarify that such information does not need to be disclosed to the public, thereby providing stronger protections for businesses concerning sensitive information. This legislative change is rooted in an effort to foster a more business-friendly environment, encouraging companies to engage with state programs without fear of jeopardizing their proprietary information.

Sentiment

The sentiment surrounding Bill HB 178 appears supportive among business sectors that value confidentiality for operational strategies and trade secrets. Proponents argue that the ability to keep sensitive information private encourages companies to participate in economic development initiatives without exposing themselves to competitive disadvantages. Nevertheless, the nuances of public access to governmental data create a delicate balance; while businesses advocate for privacy, there are concerns from transparency advocates about the implications of reduced accessibility to public records.

Contention

Notable points of contention regarding HB 178 center on the balance between private business interests and public transparency. Critics may argue that extending confidentiality could undermine accountability in government dealings with businesses, potentially hiding information that should be available to the public. The debate hinges on whether the protections afforded to proprietary information ultimately serve to enhance economic development or if they create barriers to public oversight. Thus, the legislative discussions highlighted complexities in valuing both economic interests and the public’s right to information.