§22. Economic development negotiations
A.Notwithstanding any other provision of this Chapter to the contrary, records in
the custody of Louisiana Economic Development pertaining to an active negotiation with a
person for the purpose of retaining, expanding, or attracting economic or business
development in the state shall be confidential and shall not be subject to the provisions of
R.S. 44:31, 32, or 33, if the person requests such confidentiality in writing detailing the
reasons such person requests confidentiality and asserting that the negotiation is conditioned
in whole or in part on the maintenance of such confidentiality, and the secretary of Louisiana
Economic Development determines that the disclosure of such records would have a
detrimental effect on the negotiation. Each deter
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§22. Economic development negotiations
A. Notwithstanding any other provision of this Chapter to the contrary, records in
the custody of Louisiana Economic Development pertaining to an active negotiation with a
person for the purpose of retaining, expanding, or attracting economic or business
development in the state shall be confidential and shall not be subject to the provisions of
R.S. 44:31, 32, or 33, if the person requests such confidentiality in writing detailing the
reasons such person requests confidentiality and asserting that the negotiation is conditioned
in whole or in part on the maintenance of such confidentiality, and the secretary of Louisiana
Economic Development determines that the disclosure of such records would have a
detrimental effect on the negotiation. Each determination by the secretary shall include his
reasons for such determination. The secretary shall publish in the official journal of the state
a notice containing general information regarding each negotiation to which records are
confidential pursuant to this Section, no later than ten days after the determination of
confidentiality. Such notice shall include the date of the secretary's determination. Records
of expenses of the department pertaining to the negotiation shall be public and subject to
review, except that the secretary may redact information that the secretary determines would
identify or lead to the identification of the person with whom the department is negotiating
and such information shall be confidential until the negotiations are concluded. However,
immediately upon the conclusion of the negotiation, all such records shall be subject to the
provisions of this Chapter.
B. No information made confidential pursuant to Subsection A of this Section shall
remain confidential for more than twelve months from the date of the secretary's
determination of confidentiality; however, if the negotiation remains active and the secretary
makes a new determination that the disclosure of the information would be detrimental to
the negotiations and gives notice as provided in Subsection A of this Section, such
information shall remain confidential while the negotiation remains active, not to exceed an
additional twelve months. Under no circumstances shall information made confidential
pursuant to this Section remain confidential for more than twenty-four months from the date
of the initial determination of the secretary.
C. For the purposes of this Section, "active negotiation" or "negotiation remains
active" shall mean a negotiation which has commenced when Louisiana Economic
Development provides a response to a request for information or other similar document
from a person who is requesting assistance in the retention, expansion, or location of a
business in this state and which is not concluded. For the purposes of this Section, a
negotiation is no longer active or is concluded when Louisiana Economic Development
decides to no longer actively pursue the retention, expansion, or location of such business
in this state; when the person with whom the department was negotiating decides not to
pursue the retention, expansion, or location of such business in this state; or when a proposal
affecting the negotiation is submitted to a public body for consideration by the public body
in a public meeting, whichever occurs earlier.
D. The provisions of Subsection A of this Section shall not apply to any application
for a license or permit or to any record of negotiations concerning any hazardous waste or
waste site, as "hazardous waste" and "waste" are defined in R.S. 30:2173.
E. The provisions of this Section shall have no effect unless the party whose
information is being maintained confidential maintains as confidential any information
provided to the party by Louisiana Economic Development in response to a request for
assistance in the retention, expansion, or location of a business in the state and which is a
negotiation and which remains an active negotiation.
F. Repealed by Acts 2012, No. 180, §1, eff. May 22, 2012.