This text of Louisiana § 44:22.2 (Local government 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.
§22.2. Local government economic development negotiations
A.Notwithstanding any other provision of this Chapter to the contrary,
records that are in the custody of a local government 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 within the local
government's jurisdictional boundaries 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 at the outset of negotiations 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 if the chief executive officer of the
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§22.2. Local government economic development negotiations
A. Notwithstanding any other provision of this Chapter to the contrary,
records that are in the custody of a local government 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 within the local
government's jurisdictional boundaries 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 at the outset of negotiations 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 if the chief executive officer of the
local government 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 chief executive officer shall
not enter into any agreement without an affirmative vote of the local governing
authority consistent with the Open Meetings Law. The local government shall
publish on its website and in its official journal a notice containing general
information regarding each negotiation to which records are confidential pursuant to
this Section no later than five days after the determination of confidentiality. Such
notice shall include the date of the chief executive officer's determination. Records
of expenses of the local government pertaining to the negotiation shall be public and
subject to review, except that the chief executive officer may redact information that
the chief executive officer determines would identify or lead to the identification of
the person with whom the local government is negotiating, and such information
shall be confidential until 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
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:
(1) "Active negotiation" or "negotiation remains active" means a negotiation
that has commenced concerning a project for the retention, expansion, or location of
a business within the jurisdictional boundaries of the local government and which is
not concluded when the local government 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 local government decides to
no longer actively pursue the proposed project with the person, when the person with
whom the local government 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.
(2) "Chief executive officer" for a municipality means the mayor and, for a
parish, means the parish president or the official designated as the chief executive
officer of the parish by law or homerule charter.
(3) "Economic development" means a project for which a company seeking
incentives commits to either:
(a) Creating or retaining at least fifteen permanent jobs for manufacturing or
distribution centers or at least twenty-five permanent jobs for digital media,
headquarters, research and development, or inbound call center operations.
(b) Having at least five million dollars in capital improvements.
(4) "Local government" means a parish or municipality.
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 local government concerning the project
which remains in active negotiation.
F. The provisions of this Section shall terminate on January 1, 2028.