|Submitted||May 13, 2020|
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To Whom It May Concern:
Pursuant to the Louisiana Public Records Law, I hereby request the following records:
1) Copies of any tax credit transfer notices submitted to Louisiana Economic Development and/or Louisiana Entertainment since Jan. 1, 2011. If the department maintains a database of these transfers, I would happily accept a copy of that database instead of individual transfer notices.
Please note: In a message to film companies in 2012, Christopher Stelly, the executive director of Louisiana Entertainment, wrote that any entity submitting "tax credit transfer notices" to his department should be sure to redact sensitive information like social security numbers, tax ID numbers, and bank account information (http://louisianaentertainment.gov/news/insider-news/details/news797). As such, these documents should be available as public records in their entirety. Furthermore, Louisiana Revised Statutes 47:1524 explicitly states that "information regarding any transfer of the tax credit [shall be] released to the public pursuant to a public records request submitted to the state agency administering the tax credit program pursuant to the Public Records Law, R.S. 44:1 et seq."
I ask that all fees be waived for this request as I am a journalist (examples of my work can be found at toddfeathers.com).
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Dear Mr. Feathers,
The official records custodian for Louisiana Economic Development received your public records request on May 13, 2020.
Before we can process your request, please note the following:
LED stopped receiving tax credit transfer records as of Sept. 1, 2013. See the attached notice.
To the extent that LED might have responsive records for the period of Jan. 1, 2011 through Aug. 31, 2013, these records could amount to hundreds of pages. Such tax records from that time period are maintained in an off-site, secure storage facility at the State Archives. These documents would include confidential and proprietary information. Locating, reviewing and segregating public information will require extensive time, especially under current access limitations in force due to the COVID-19 pandemic. Our standard fee of $.25 per page would apply for copies of all documents that you would choose to obtain.
No database is maintained by LED for these records. However, much information relating to film projects that have applied to LED's entertainment tax credit program can be accessed via https://www.opportunitylouisiana.com/business-incentives/fastlane.
The best source for information on tax credit transfer records you are seeking would be the Louisiana Department of Revenue, which can be reached at TaxCredit.Registry@la.gov.
In light of the aforementioned, please advise if you are still interested in pursuing this request through LED and, if so, if are you able to narrow the scope of your request to specific film projects during that 2011-2013 time span.
Louisiana Economic Development
Thank you very much for the explanation, Ron. Given what you've told me, I'll withdraw this request. Much appreciated.