2018 Louisiana Laws
Revised Statutes
TITLE 44 - Public Records and Recorders
RS 44:3.2 - Proprietary and trade secret information
§3.2. Proprietary and trade secret information
A. Nothing in this Chapter shall be construed to require the disclosure of proprietary or trade secret information pertaining to any code, pattern, formula, design, device, method, or process which is proprietary or trade secret information which has been submitted to a public body by the developer, owner, or manufacturer of a code, pattern, formula, design, device, method, or process in order to obtain or retain approval of such code, pattern, formula, design, device, method, or process for sale or use in this state.
B. Nothing in this Chapter shall be construed to require the disclosure of proprietary or trade secret information pertaining to any code, pattern, formula, design, device, method, or process which has been submitted to a public body in order to facilitate the further research, development, or commercialization of such code, pattern, formula, design, device, method, or process.
C. Nothing in this Chapter shall be construed to require the disclosure of proprietary or trade secret information which has been submitted to the Department of Economic Development for economic development purposes.
D.(1) All records containing proprietary or trade secret information submitted by a developer, owner, or manufacturer to a public body pursuant to Subsection A, B, or C of this Section shall contain a cover sheet that provides in bold type "DOCUMENT CONTAINS CONFIDENTIAL PROPRIETARY OR TRADE SECRET INFORMATION". The developer, owner, or manufacturer shall clearly mark each instance of information which is, in his opinion, proprietary or trade secret information. However, the determination of whether such information is in fact proprietary or trade secret information shall be made by the custodian within thirty days of a submission; however, if a custodian receives a public records request during the period of thirty days, the determination shall be made within the time period provided in R.S. 44:32(D) and 33(B).
(2) A custodian who receives a request pursuant to this Chapter for any information which has been marked by the developer, owner, or manufacturer as proprietary or trade secret information shall, prior to the disclosure of the information, immediately notify such developer, owner, or manufacturer of the request and of the custodian's determination of whether or not the information so requested is subject to disclosure.
E. General information relating to the identity of the developer, owner, or manufacturer and any agreement or contract that such person or legal entity has entered into with the public body shall be subject to public review.
F. Nothing in this Section shall be construed in a manner as to prevent the public examination or reproduction of any record or part of a record which is not proprietary or trade secret information.
G. Notwithstanding any other provision of law to the contrary, the office of state fire marshal shall provide electronic access to its information management system to the State Board of Architectural Examiners and the Louisiana Professional Engineering and Land Surveying Board for the examination and reproduction of plans, drawings, and specifications submitted to the office of state fire marshal. The State Board of Architectural Examiners and the Louisiana Professional Engineering and Land Surveying Board shall not allow for examination or release of any documents obtained from the office of state fire marshal’s information system to the public or other third party, including other state agencies. The office of state fire marshal shall not be held responsible or liable for any release of confidential, proprietary, or trade secret information by the State Board of Architectural Examiners or the Louisiana Professional Engineering and Land Surveying Board.
Acts 2004, No. 832, §1, eff. July 12, 2004; Acts 2012, No. 57, §1, eff. May 11, 2012; Acts 2018, No. 357, §1.
