2005 Regular Session Highlights
by: Gary Schaefer
Bill 1 by Representative Alario (Act 16)
provides appropriations for:
Louisiana Optical Network Initiative–an
initiative of U.S. research universities and private-sector technology
companies to provide a nationwide infrastructure in networking technologies
and applications–$4,000,000 (HB 2 an additional $6,500,000 for Library and
Scientific Acquisitions including LONI).
Governor’s Biotechnology Initiative–an
initiative to provide research dollars for biotechnology projects (e.g.,
Governor’s Information Technology Initiative–an
initiative to conduct research and develop new technologies to advance
information technology–$18,500,000, plus $2,000,000 for LSU Center for
Computation and Technology.
Louisiana Technology Park–a
nonprofit, public-private organization that serves as a high-tech incubator–$2,800,000
Virtual School/Title 3–The
Louisiana Virtual School and Title 3 Technology Challenge activities are
designed to increase the use of technology and computers in the Louisiana
public school systems–$16,422,730
Bill 316 by Senator Mount (Act 310) requires effective January 1, 2006,
all parishes which have participated in a current Internet posting program to
submit proposed assessment lists to the Louisiana Tax Commission in electronic
form to be published on the commission website for public inspection. Allows
those parishes that have never participated in the program to apply yearly for
relief from this requirement.
Bill 237 by Representative Burns (pending House Ways and Means) would
have provided that participation in the ad valorem tax assessment database was
required in every parish on January 1, 2007, and provided that the assessor
shall allow for the inspection of the assessment lists for a period of 30 days,
beginning no earlier than July 1 and ending no later than September 15.
Bill 222 by Senator Hollis (Act 132) authorizes the imposition of an
additional charge in a consumer credit transaction if the consumer makes an
CLERKS OF COURT
Concurrent Resolution 118 by Representative Crowe (enrolled) urges and
requests the clerks of court and recorders of mortgages to employ the use of
computer software to redact the first five digits of social security numbers
appearing on filed or recorded documents to be scanned and made available, after
August 1, 2005, to the public over the Internet.
Bill 547 by Representative Greene (Act 246) creates the crime of
computer-aided solicitation for sexual purposes, defines the crime, and requires
a person convicted of this offense to register and provide notification in
accordance with the sex offender registration and notification requirements.
Bill 156 by Senator Chaisson (Act 297) creates the Anti-Skimming Act,
which criminalizes the use of a scanning device and/or re-encoder to capture
encoded information from a magnetic strip of a credit, debit, or other payment
card and then places the encoded information on a different card with the intent
to defraud the authorized user, the issuer of the user's card, or a merchant.
Bill 166 by Senator Amedee (pending senate final passage, subject to call)
would have increased the penalties for the crime of threatening a public
official including electronic communications, which threatened a public
official, with the intent to influence his conduct in relation to his official
duty. Exempted the transference of voice, data, or video images by any cable
company, telephone company, Internet provider, commercial on-line service
provider, or any of its affiliates.
Bill 205 by Senator Duplessis (Act 499) provides for the Database
Security Breach Notification Law, which requires any person that conducts
business in the state or that owns or licenses computerized data that includes
personal information, or any agency that owns or licenses computerized data that
includes personal information to notify any resident of the state whose personal
information was, or is reasonably believed to have been acquired by an
unauthorized person. Defines personal information as certain information when
the name or data element is not encrypted or redacted and is in combination with
certain other data elements.
Bill 152 by Representative Guillory (failed, senate final passage) would
have prohibited the use of electronic communication devices while a voter was in
a voting machine, unless such voter was using the device for voting assistance
as outlined in existing law.
Concurrent Resolution 17 by Representative Schneider (enrolled) urges
and requests the Governor's Office of Elderly Affairs to develop a comprehensive
Internet site with information and resources focused on enhancing and improving
the lives of Louisiana's elderly population.
Bill 99 by Representative Jackson (withdrawn from files of the house)
would have created the Health-Care Consumer's Right to Know Act to assist
consumers with receiving high-quality and cost-efficient health-care services
by: requiring hospitals and ambulatory surgical centers to submit electronically
patient billing data, defining core data elements to be reported, providing
electronic access to patient billing data, determining reasonable fees to be
charged to and collected from the requesting entity for providing electronic
access to such data, and providing information on an interactive statewide
website for use by consumers in making health care decisions.
Bill 22 by Senator B. Gautreaux (pending Senate Health and Welfare)
would have required all licensed hospitals to report on an annual basis all
incidents of hospital-acquired infections to the Department of Health and
Hospitals, and to publish the annual report on its website.
Bill 290 by Representative Townsend (Act 209) corrects the time period
within which an electronic pharmacy claim is required to be paid, by requiring
the claim shall be paid not later than the 15th day after the date on
which the claim was electronically adjudicated. Provides for interruption of the
15-day period for payment of electronic pharmacy claims during a declared state
Bill 20 by Senator Michot (Act 276) revises the provisions for
distribution of reports to the legislature and provides it shall be sufficient
to provide one copy of the report to the presiding officer of each house of the
legislature and an e-mail notification, which contains a link to an electronic
copy of the report to each member of the legislature.
Concurrent Resolution 13 by Senator Lentini (enrolled) requests the
Senate Committee on Senate and Governmental Affairs and the House Committee on
House and Governmental Affairs to study the use of videoconferencing for interim
and standing committee meetings.
Bill 121 by Representative Odinet (senate final passage, subject to call)
would have provided for mandatory criminal background checks for residents in
nursing homes or long-term care facilities by submitting the applicant's name
and any other necessary identifying information to an Internet company that
provides public records searches for criminal background.
Bill 493 by Representative Farrar (deferred House Municipal, Parochial and
Cultural Affairs) would have provided that the official website of the
governing authority of Rapides Parish would have been the official journal for
the parish and any other political subdivision within the parish.
Bill 652 by Representative Wright (pending House Municipal, Parochial and
Cultural Affairs) would have authorized the governing authority of any
parish with a population below 16,000 and any political subdivision within such
parish to establish and maintain an official website as the official journal of
the parish or political subdivision.
Bill 412 by Representative Crowe (pending House Appropriations) would
have provided a 10% preference of information technology software or hardware,
which was assembled, manufactured, or produced in Louisiana that was equal in
quality to similar information technology assembled, manufactured or produced
outside this state.
Bill 218 by Senator Dupre (Act 152) provides that political subdivisions
of the state shall establish procedures for the acquisition of surplus computer
equipment by public elementary and secondary schools in the state, and community
and technical colleges.
Bill 70 by Representative Toomy (pending House and Government Affairs)
would have allowed the custodian of public records to charge a fee for making
copies of public records, including copies of records made accessible by an
Bill 531 by Representative Thompson (Act 372) creates the Broadband
Infrastructure and Information Technology Fund in the state treasury, provides
that the fund shall be administered by the Governor's Office of Rural
Development and monies in the fund shall be made available for the purpose of
carrying out the duties and goals of the Louisiana Broadband Advisory Council.
Bill 413 by Representative Crowe (deferred House Ways and Means) would
have provided for tax credits against state income tax ranging from 10% to 15%
of the actual investment for software development companies domiciled in the
state of Louisiana.
Bill 341 by Senator Duplessis (Act 346) provides for a digital
interactive media producer tax credit against state income tax, ranging from 10%
to 15%, to encourage development in Louisiana of digital interactive media
Bill 603 by Representative Scalise (pending House Ways and Means) would
have provided for a digital interactive media production investor credit to
attract private investment for the production of digital interactive media with
certain substantial Louisiana content.
Bill 604 by Representative Scalise (pending House Ways and Means) would
have provided for a digital interactive media employment tax credit ranging from
10% to 20% of the total aggregate payroll for the employment of residents of
Louisiana in connection with the production of a digital interactive media.
Bill 684 by Representative Hammett (Act 402) provides for a tax credit
against corporation franchise taxes for increasing research and development,
including research and development by small technology businesses.
Bill 335 by Senator Mount (pending Senate Revenue and Fiscal Affairs)
would have excluded from the computation of individual income, for a period of
three years, income received by an individual or high technology business as
royalties derived from any patent, copyright, or trade secrets owned by the
individual or high technology business or which was developed and arose out of a
high technology business.
Bill 632 by Representative Scalise (pending House Ways and Means) would
have provided for exemptions from corporate income, corporate franchise and
other taxes for electronics manufacturing companies (e.g., robotics, smart
homes, digital imaging, public alert technology).
Bill 854 by Representative Arnold (pending House Ways and Means) would
have provided tax incentives for electronic manufacturing companies, and would
have defined electronic manufacturing companies as any manufacturing, research,
and development business entity whose primary activity was related to the
manufacture of electronics for the purpose of building robotics, components for
robotics, smart homes, digital imaging, public alert technology, or electronic
Bill 491 by Representative Richmond (pending House Ways and Means) would
have provided for an individual income tax deduction from taxable income for
purchase of computers for use in the home.
Bill 641 by Representative Gallot (pending House Ways and Means) would
have provided for a credit against state income tax, ranging from 10% to 15%,
for taxpayers domiciled in Louisiana who invested in state-certified software
Concurrent Resolution 39 by Senator Ellington (enrolled) requests the
Louisiana Broadband Advisory Council to conduct public hearings in various
locations across the state to ascertain supply and demand issues relative to
Concurrent Resolution 46 by Senator Ellington (enrolled) requests the
Louisiana Broadband Advisory Council to convene a task force to develop a
statewide E-Rate strategy to capture all possible E-Rate funds available to the
state. The federal E-Rate program was created as part of the Telecommunications
Act of 1996 and ensures that all eligible schools, libraries, and rural
healthcare providers in the US have affordable access to modern
telecommunications and Internet services.
Bill 260 by Representative Hunter (Act 79) authorizes the introduction
into evidence of a videotape of the execution and reading of the testament by
the testator, and defines videotape as the visual recording on a magnetic tape,
film, videotape, compact disc, digital video disc, or by other electronic means.