2004 Regular Session Highlights
Information Technology
by: Gary Schaefer
(225) 342-1001
ADMINISTRATION DIVISION
Senate Bill 509 by Senator Heitmeier
(Act 23) requires compensation payable to all state of Louisiana employees
through the Integrated Statewide Information System (ISIS) shall be paid through
electronic fund transfer for those employees hired on or after July 1, 2002.
AIRCRAFT/AVIATION
Senate Bill 13 by Senator Theunissen (Act 57)
provides for a notice of the proposed construction of and for the marking of
certain wireless communication facilities that are taller than 100 feet but not
more than 200 feet.
ANIMALS
House Bill 1319 by Representative
Triche (withdrawn from files of the House) would have prohibited the
importation and private ownership of certain animals (e.g., exotic big cats,
venomous snakes, nonhuman primates), and would have required the Department of
Wildlife and Fisheries to promulgate rules prohibiting the purchase of such
animals, including Internet purchases.
APPROPRIATIONS
House Bill 1 by Representative Alario (Act 1)
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–$3,200,000
(HB 2 an additional $8,500,000).
Governor’s
Biotechnology Initiative–an initiative
to provide research dollars for biotechnology projects (e.g., neurobiotechnology
activities)–$3,750,000.
Governor’s
Information Technology Initiative–an
initiative to conduct research and develop new technologies to advance
information technology–$17,500,000.
BANKS/BANKING
House Bill 1463 by Representative Pinac
(pending House Commerce committee) would have created the Nonpropriety
Electronic Financial Terminal Act, and would have prohibited any person from
operating a nonproprietary electronic financial terminal in the state without
having obtained a license from the commissioner of the Office of Financial
Institutions.
CHILDREN/SUPPORT
House Bill 498 by Representative Triche
(Act 510) provides for the electronic transmission of notices for child
support income assignment orders.
CIVIL/GARNISHMENT
House Bill 108 by Representative Faucheux (Act
741) requires that a notice of the filing of the garnishment petition be
mailed or sent by electronic means to the judgment debtor.
COMMITTEE STUDIES
Senate Resolution 149 by Senator Michot
(enrolled) requests the Senate Select Committee on Consumer Affairs and
Technology to study the conflict of laws relative to the choice of law and forum
for computer information agreements and the Uniform Computer Information
Transaction Act (UCITA).
CONGRESS
Senate Concurrent Resolution 47 by
Senator Hainkel (enrolled) memorializes Congress to support and expand the
operations of the National Finance Center in New Orleans, which provides
consolidated payroll, personnel, and voucher and invoice payment systems and
services to numerous government agencies.
CONSUMERS/PROTECTION
Senate Bill 652 by Senator Jackson
(pending Senate Commerce committee) would have created the "Consumer
Debt Management Services Act," and would have provided a debt management
service provider may deliver debt management services via the Internet if the
provider complied with certain restrictions.
House Bill 623 by Representative
Jefferson (Act 766) allows credit reporting agencies to develop procedures
that allow a consumer to request a temporary lift on a credit report freeze of
his records by use of the Internet or electronic media.
CRIMINAL/VICTIMS
House Bill 242 by Representative
Richmond (pending House Labor committee) would have created the Victims'
Domestic Violence and Economic Security Act, which would have allowed victims to
take unpaid leave, and included communications via computers and e-mail in the
definition of types of violence.
DWI
Senate Bill 556 by Senator Dupre (Act
666) creates the impaired driver tracking system to assist law enforcement
and DPS in effectively investigating, prosecuting and disposing of impaired
driving cases, effective upon written notice from the Louisiana Commission on
Law Enforcement and Administration of Criminal Justice of the successful
completion and implementation of the Integrated Criminal Justice Information
System (ICJIS) project.
Senate Bill 565 by Senator Dardenne
(pending Senate Judiciary C committee) would have created the Integrated
Criminal Justice Information System to provide the tracking of the complete life
cycle of a criminal case involving impaired driving.
House Bill 1156 by Representative
Futrell (pending House final passage) would have created the impaired driver
tracking system to assist law enforcement and DPS in effectively investigating,
prosecuting and disposing of impaired driving cases.
ECONOMIC DEVELOPMENT
Senate Bill 593 by Senator Butch
Gautreaux (Act 672) authorizes and provides for regional research and
development parks to promote the development of high technology industries and
research in a region of the state.
GAMBLING
House Bill 896 by Representative
Martiny (Act 336) requires electronic gaming devices located at certain
gaming facilities be linked to a central computer monitoring system for the
purposes of monitoring and recording device activities.
GOVERNMENTAL REGULATIONS
Senate Bill 417 by Senator Michot
(pending Senate Commerce committee) would have required businesses to notify
customers of a breach of security of their computerized data.
HEALTH/HOSPITALS DEPARTMENT
Senate Concurrent Resolution 46 by
Senator McPherson (enrolled) creates the Louisiana Task Force on Electronic
Medical Records to study electronic prescribing and electronic medical records
to improve the quality and safety of health care in this state.
HOSPITALS
Senate Bill 481 by Senator Cravins
(pending Senate Health & Welfare committee) would have required
hospitals to report and disclose statistical quality data to the public, and
would have allowed the Internet to be used for such disclosure.
Senate Bill 649 by Senator Boissiere
(pending Senate Health & Welfare committee) would have required
hospitals to report and disclose statistical quality data to the public, and
would have allowed the Internet to be used for such disclosure.
Senate Bill 656 by Senator Hainkel
(pending Senate Health & Welfare committee) would have provided for
Hospital Payor Rights, and would have required hospitals to disclose a uniform
schedule of charges, and to publish such charges on the Internet if the hospital
had an Internet web site.
House Bill 863 by Representative
Richmond (pending House Health & Welfare committee) would have created
the Hospital Consumer Information Reporting Act, and would have provided that if
a hospital had an Internet web site on which it posts charges for health care,
the hospital must provide the requestor with its web site address.
House Bill 1148 by Representative
Flavin (pending House Health & Welfare committee) would have required
hospitals to report and disclose statistical quality data to the public, and
would have allowed the Internet to be used for such disclosure.
INSURANCE/HEALTH
House Bill 1210 by Representative
Tucker (pending House Insurance committee) would have revised various
provisions of state law relative to prompt payment of health insurance claims,
and would have provided for electronic claim submission.
INSURANCE/POLICIES
House Bill 398 by Representative Johns
(Act 44) defines "delivered" for purposes of notice of
cancellation of mortgages to include electronic transmittal.
INSURERS
Senate Bill 856 by Senator Hines
(pending Senate Insurance committee) would have provided procedures for
payments to health care providers by health insurance companies, and would have
defined electronic claim, and permitted the submission of claims electronically.
INTERNET
Senate Bill 116 by Senator McPherson
(pending Senate Commerce committee) would have created a "no junk
mail" database for residential and business electronic mail subscribers.
LEGISLATIVE POWERS/FUNCTIONS
Senate Concurrent Resolution 84 by
Senator McPherson (enrolled) requests that DHH study the issue of the health
care delivery system in Louisiana, and the establishment of a more integrated
delivery system statewide.
House Resolution 1 2004 1ES by
Representative Crowe (enrolled) grants the Speaker of the House of
Representatives the authority to establish a Select Committee on Technology.
LEGISLATIVE AUDITOR
Senate Bill 69 by Senator Michot (pending
Senate & Governmental Affairs committee) would have required agencies to
report annually to the legislative auditor on the agency’s progress in
providing electronic reports to members of the legislature.
LOCAL GOVERNMENT
House Bill 1118 by Representative Badon
(pending House final passage) would have authorized the governing authority
of any parish or municipality to create, by ordinance, an office of information
technology within the parish or municipality, and would have provided for the
appointment of a Chief Technology Officer.
MEDICAID
Senate Concurrent Resolution 43 by
Senator Nick Gautreaux (enrolled) requests DHH to adopt by rule a procedure
for an expedited Medicaid application process, and allows an application to be
transferred by e-mail.
House Bill 1017 by Representative
Durand (pending House Health & Welfare committee) would have required
written notification of all appropriate health care providers and Medicaid
recipients of any changes in the pharmacopoeia, and would have required a copy
of the current pharmacopoeia be posted on the Internet.
MOTOR VEHICLES
House Bill 275 by Representative Gary
Smith (pending House Commerce committee) would have provided for
notification to motor vehicle customers of the presence of certain event data
recording devices installed in vehicles (e.g., transmit information concerning
an accident in which the vehicle has been involved to a central communications
system when an accident occurs).
MOTOR VEHICLE/DRIVER LICENSE
House Bill 26 by Representative Bowler
(Act 363) permits payment of class "D" or "E" drivers’
license renewals by electronic commerce.
MUNICIPALITIES
Senate Bill 612 by Senator Hainkel
(pending Senate Transportation committee) would have authorized
municipalities with a population of more than 50,000 to use photographic
equipment for enforcement of certain traffic violations (e.g., photographic,
video, or digital camera).
House Bill 1078 by Representative
Murray (failed House final passage) would have authorized municipalities
with a population of more than 20,000 to use photographic equipment for
enforcement of certain traffic violations (e.g., photographic, video, or digital
camera).
OFFICIAL JOURNALS
Senate Bill 702 by Senator Hainkel (Act
708) provides that legislative documents or governmental instruments may be
made accessible on the official Internet web site or portal of the Louisiana
State Legislature.
PHARMACISTS
Senate Bill 446 by Senator Jackson (Act
653) provides for duties and responsibilities of the Medicaid Pharmaceutical
and Therapeutics Committee, and requires the posting of the preferred drug list
on the Internet.
PROPERTY/PUBLIC
Senate Bill 503 by Senator Heitmeier
(Act 19) authorizes the state to sell surplus movable property through the
use of certain electronic technology, and provides for "Internet Computer
Auctions." Defines Internet Computer Auctions as the sale by auction that
takes place when offers are placed through the use of electronic technology
including the Internet, and the thing is sold to the qualified bidder who offers
the highest price.
House Bill 1241 by Representative
Alario (pending House Appropriations committee) would have authorized
electronic notice of auction for sale of movable surplus property, and would
have provided for an "Internet Computer Auction."
PUBLIC CONTRACTS
Senate Bill 40 by Senator McPherson
(Vetoed) would have required the commissioner of administration to designate
a goal for awarding to small businesses a portion of anticipated total state
procurement of data processing equipment and software.
House Bill 1343 by Representative Crowe
(pending House Appropriations committee) would have provided for a 10%
preference for information technology software or hardware, which is assembled,
manufactured, or produced in Louisiana that is equal in quality to information
technology software or hardware that is assembled, manufactured, or produced
outside of the state.
PUBLIC WORKS
Senate Bill 289 by Senator Boissiere
(Act 458) provides for facsimile or e-mail notification by governmental
entities of addendums to a bid over the contract limit.
REVENUE DEPARTMENT
Senate Bill 343 by Senator Cain
(pending Senate Judiciary A committee) would have provided for Internet
training and testing as it relates to the Responsible Vendor Program.
SCHOOLS
Senate Bill 50 by Senator Hainkel (pending
Senate Education committee) would have created the La. Parental Choice in
Primary Education Program to provide for state payments of private school
tuition for the preschool and primary grade education of children whose families
meet certain income requirements, and would have provided that the Department of
Education shall provide via its Internet web site all private schools
participating in the program.
TAX/TAXATION
Senate Bill 610 by Senator Michot
(calendar Senate introduction) would have authorized certain Vision 2020
cluster high technology businesses to sell unused net operating loss carryover
occurring in amount equal to at least 75% of the amount of the surrendered tax
benefit, up to $500,000 per year of such benefit.
Senate Bill 687 by Senator Mount
(pending Senate Revenue & Fiscal Affairs committee) would have required
the Louisiana Tax Commission to create a statewide ad valorem tax assessment
database for publication on the Internet.
House Bill 1130 by Representative
Daniel (reported as Substitute becomes House Bill 1700) would have required
the Louisiana Tax Commission to create a statewide ad valorem tax assessment
database for publication on the Internet.
House Bill 1700 by Representative
Daniel (Act 448) requires the Louisiana Tax Commission to create a statewide
ad valorem tax assessment database for publication on the Internet.
TELECOMMUNICATIONS
Senate Bill 511 by Senator Ellington
(reported as Substitute becomes Senate Bill 877) would have created the
Louisiana Broadband Council to serve as the central broadband planning body of
the state and to coordinate the development of a statewide broadband access and
usage policy.
Senate Bill 877 by Senator Ellington (Act 736)
creates the Local Government Fair Competition Act to enhance the development and
widespread use of technological advances in providing cable television services
and telecommunications and advanced services.
House Bill 1265 by Representative
Thompson (Act 167) creates the Louisiana Broadband Advisory Council to serve
as the central broadband planning body of the state and to coordinate the
development of a statewide broadband access and usage policy.
House Bill 1352 by Representative Pinac
(pending House Commerce committee) would have created the Louisiana
Broadband Council to serve as the central broadband planning body of the state
and to coordinate the development of a statewide broadband access and usage
policy.
WEAPONS/HANDGUNS
House Bill 241 by Representative
Richmond (pending House Administration & Criminal Justice committee)
would have established a state ballistic fingerprint database and databank that
had the capability provided by computer software and procedures administered by
the state police for the imaging, analysis, and comparison of a bullet or
projectile and shell casing, and to store and maintain ballistic fingerprint
records related to the investigation of criminal offenses.
House Bill 243 by Representative
Richmond (pending House Administration & Criminal Justice committee)
would have provided for the Louisiana Handgun Registration Act and would have
created a computer-based database of all hand guns purchased funded by a $25 fee
on the sale of the handgun.
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