This text of Louisiana § 44:22.1 (Port economic development negotiations) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§22.1. Port economic development negotiations
A.Notwithstanding any other provision of this Chapter to the contrary, records that
are in the custody of a port commission or a port, harbor, and terminal district that pertain
to an active negotiation with a person for the purpose of a proposed project involving the
retention, expansion, or attraction of further economic development of the port under its
supervision and that relate to or facilitate the transportation of goods in domestic or
international commerce 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 ma
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§22.1. Port economic development negotiations
A. Notwithstanding any other provision of this Chapter to the contrary, records that
are in the custody of a port commission or a port, harbor, and terminal district that pertain
to an active negotiation with a person for the purpose of a proposed project involving the
retention, expansion, or attraction of further economic development of the port under its
supervision and that relate to or facilitate the transportation of goods in domestic or
international commerce 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 chief executive officer
of the commission or district determines that the disclosure of such records would have a
detrimental effect on the negotiation. Each determination by the chief executive officer shall
include reasons for the determination. The commission or district shall publish in its official
journal 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 chief executive officer's
determination. Records of expenses of the commission or district pertaining to the
negotiation shall be public and subject to review, except that the chief executive officer may
redact information that he determines would identify or lead to the identification of the
person with whom the commission or district is negotiating and such information shall be
confidential until the negotiations are concluded. However, immediately on 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 chief executive
officer's determination of confidentiality; however, if the negotiation remains active and the
chief executive officer 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 chief executive officer.
C. For the purposes of this Section, "active negotiation" or "negotiation remains
active" shall mean a negotiation which has commenced concerning a project for the
retention, expansion, or location of public port facilities and operations which relate to or
facilitate the transportation of goods in domestic or international commerce and which is not
concluded when the commission or district receives a request for information or other similar
document concerning the project. For the purposes of this Section, a negotiation is no longer
active or is concluded when the commission or district decides no longer to actively pursue
the proposed project with the person; when the person with whom the commission or district
was negotiating decides not to pursue the proposed project; 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 as confidential also maintains as confidential any
information provided to the party by the commission or district concerning the project which
remains in active negotiation.