BATON ROUGE, La. — In the midst of a busy Wednesday at the state capitol, a bill was quietly returned to the calendar that could have far-reaching impacts on what information is available to the public.
It's the second bill introduced in the legislature this year that would narrow what is considered public record in Louisiana.
If HB 461 passes, “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.”
The bill was authored by Rep. Steven Jackson, a Democrat from Shreveport. In a May 1st meeting of the Senate Committee on Senate and Governmental Affairs, Rep. Jackson explained that the purpose of the bill is to keep competitors from getting information on economic development projects that could give them an edge in securing “opportunities and jobs.”
He said he has seen it happen firsthand while serving in Caddo Parish’s government. “We have been competing with cities like Longview, Texas, and Tyler, Texas,” he said, “and what will happen is when they know that they're in competition with a city that's just 45 minutes to an hour away, they will come and submit a public records request.”
Scott Sternberg, Media and First Amendment Attorney for the Louisiana Press Association, told WWL Louisiana he is concerned the bill could seriously impede government transparency. “In the wrong hands it could be used in really, really difficult ways for citizens to get access,” he said Wednesday.
His worry is that many projects could be classified as having to do with economic development. “I could argue that everything is economic development on a local level,” he said. Rep. Jackson said that while he is “sympathetic to the concerns [critics] have,” he believes the legislature should “not allow local governmental bodies to be undermined.”
HB 461 was returned to the calendar Wednesday and will be brought up again in the committee next week. In a statement to WWL Louisiana, he called the bill “a pro-Louisiana bill that strengthens the hand of local government as they work in a competitive environment to recruit and retain high quality and high paying job [sic] for Louisiana.”
Earlier in the session, another bill raised similar concerns among journalism coalitions. SB 482, authored by Sen. Heather Cloud, would create an exception to the state’s public records law for communications among officials while they make policy decisions. Governor Jeff Landry has indicated his strong support for the bill, while critics on both sides of the aisle have raised concerns that it could hamper government transparency.
Last week, Sen. Cloud acknowledged that the bill has been “addressed far and wide” and pledged to draft amendments that would make the bill less broad. It is scheduled for a final Senate vote on May 6th.
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