Bill
HB 1071
Louisiana HB 1071 creates a confidentiality exception for aerospace records (designs, operations, security) tied to ITAR or DoD/intel contracts, shielding them from public disclosu
HB 1071 (Louisiana, 2026) – Public Records: Aerospace facility and activity records
Overview
- Purpose: Establish a specific confidentiality exception to the Louisiana Public Records Law for certain records related to the design, operation, flights, transportation, or security of aerospace facilities or aerospace activities.
- Enactment: Adds a new statute, R.S. 44:3.7, governing the confidentiality of targeted aerospace records.
- Effective date: Upon the governor’s signature (or the lapse of time for gubernatorial action if not signed).
Key Provisions
- Confidential records subject to exception (R.S. 44:3.7(A)):
- Types of records: Blueprints, plans, designs, technical data, operational documents, security information, and any other records related to the design, operation, flights, transportation, or security of critical infrastructure of aerospace facilities or aerospace activity.
- Confidentiality triggers (two pathways, entity-based):
1) The custodian maintains information subject to the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130).
2) The custodian holds a current contract with the U.S. Department of Defense or any agency within the U.S. intelligence community.
- Non-mandate for inspection (R.S. 44:3.7(B)):
- The law does not require inspection, examination, copying, or reproduction of any record made confidential under this section.
- Retained existing protections (no change to federal critical infrastructure information framework):
- The act preserves existing Louisiana law that excludes certain critical infrastructure information from public disclosure under R.S. 44:4.1, and it aligns with federal definitions of critical infrastructure information.
- The bill explicitly retains the current federal framework definitions for critical infrastructure information (6 U.S.C. 671 and 42 U.S.C. 5195c) as the basis for confidentiality considerations.
Who Is Affected
- Entities with custody of aerospace records that meet the confidentiality criteria (ITAR-covered information or current DoD/intelligence contracts) and whose records relate to aerospace facility design, operation, flights, transportation, or security.
- Public access and government record request processes, as they apply to these records, are altered by creating a confidentiality exception for eligible records.
Procedural and Timeline Aspects
- Procedure: The act creates a new statutory provision that supersedes conflicting public records provisions for the specified aerospace records.
- Effectiveness: Immediate upon gubernatorial signature (or as provided by constitutional action if the governor does not sign).
- Interaction with existing law: The bill adds to, rather than replaces, the Public Records Law; it does not override federal law or the broader framework for critical infrastructure information, but it creates a state-level confidentiality pathway for specific aerospace-related records.
Why it matters
- The bill aims to protect sensitive defense and national security information at the state level by keeping certain aerospace-related designs, operational data, security measures, and related materials confidential when tied to ITAR or U.S. defense/intelligence contracts.
- It clarifies that such records are not subject to mandatory public disclosure and that individuals or agencies cannot be compelled to reproduce or reveal them under public records requests.
Compiled from official sources — confirm details with the bill’s official record.
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