HB 578 — CIVIL/LAW: Provides for the Restoring Biological Truth Act

Page§107.2. 5 of 59 CODING:

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578 §107.2.

simple or third degreerape,forcibleorseconddegreerape,oraggravatedorfirstdegreerape;sexualPage battery;5 of 57 CODING:

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578 ENROLLED degreerape,forcibleorseconddegreerape,oraggravatedorfirstdegreerape;sexual battery;

* * * Page(c) 6Forty-five ofpercent 59shall CODING:be allocated to the Louisiana Community and Technical College System for targeted investments in educational and vocational trainingaimedatrecidivismreductionprogrammingforadultandjuvenileoffenders.

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578 (c) Forty-five percent shall be allocated to the Louisiana Community and Technical College System for targeted investments in educational and vocational trainingaimedatrecidivismreductionprogrammingforadultandjuvenileoffenders.

* * * §832.Page 6 of 57 CODING:

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578 ENROLLED §832.

Unidentified data on the frequency and length of time that the juvenile spends in solitary confinement shall be available upon Pagerequest 7as ofa 59public CODING:record.

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578 request as a public record.

* * * (b) The race, ethnicity, age, gendergendersex, sex, and disabilitystatus of the juvenile.

* * * (ii)Page Therace,ethnicity,age,gendersex,anddisabilitystatusofeachjuvenile7 placedof in57 solitaryCODING: confinement.

*Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored *are *additions. (d) The office of juvenile justice shall post a report on the use of solitary confinement on its website quarterlywith deidentified aggregate data including but not limited to all of the following:

HB NO.

578 ENROLLED (ii) Therace,ethnicity,age,gendersex,anddisabilitystatusofeachjuvenile placed in solitary confinement.

* * * (d) The office of juvenile justice shall post a report on the use of solitary confinement on its website quarterly with deidentified aggregate data including but not limited to all of the following:

Page(1) 8Disaggregated byrace, ethnicity, gender sex, parish of 59prosecution, CODING:and most serious offense of adjudication, data including:

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578 (1) Disaggregated by race, ethnicity, gender sex, parish of prosecution, and most serious offense of adjudication, data including:

* * * §1110.Page 8 of 57 CODING:

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HB NO.

578 ENROLLED §1110.

The juvenile detention facility shall keep a record of the results of the detention screening instrument and the recommendation made based upon the instrument to either detain the child, releasethe child with conditions, or releasereleasethe the childwithout conditions.

ThisThisrecordshallincludetheparishinwhichthechildwas recordshallincludetheparishinwhichthechildwas taken into custody, the most serious charge for which the child was taken into custody, and demographic information about the child including but not limited to race, ethnicity, gender sex, and age.

* * * Page§1204.2. 9 of 59 CODING:

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578 §1204.2.

The forms shall provide for information regarding crimes which aredirectedagainst individuals or groups, or their property, by reason of their actual or perceived race, age, gender sex, religion, color, creed, disability, sexualorientation,sexual nationalorientation,nationalorigin, origin, or ancestryor byreason of their actual or perceived membership or service in, or employment with, an organization as definedinR.S.14:107.2.

Theformsshallalsoprovideforotheritemsofinformation neededPage by9 federal and state bureaus or departments engaged in the development of national57 andCODING: state statistics.

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HB NO.

578 ENROLLED needed by federal and state bureaus or departments engaged in the development of national and state statistics.

* * * PageSection 1010. of 59 CODING:

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578 Section 10.

17:17.5(B)(2), 100.13(G)(2)(f) and (J), 221.3(B)(2)(d), 416(M), 416.21(N)(3)(a) and (b)(i)(aa) and (bb), 1519.7(C), 1871(A)(3), 1998, 3047.7(B)(2)(a), 3351(B)(2)(b)(ii),3351(B)(2)(b)(ii),3399.12(5)(i), 3399.12(5)(i), 3911(B)(1)(i)(introductory paragraph) and (4)(a)(introductory paragraph), 3991(A)(1)(b)(iv)3991(A)(1)(c)(iv) and (B)(3), and 5067(B)(7) are hereby amended and reenacted to read as follows:

* * * (2)Page Include10 criterion-referencedof standards57 specificCODING: to a student's race, age, and gender sex and based on the physical fitness level required for good health.

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HB NO.

578 ENROLLED (2) Include criterion-referenced standards specific to a student's race, age, and gender sex and based on the physical fitness level required for good health.

Tutoring providers may demonstrate impact through either adherence to the program's modeldesignmodeldesignbyaligningwith byaligningwiththecomponentsof thehigh-dosage componentstutoringor of high-dosagetutoringor byhaving evidence of positive and statistically significant gains in student learning outcomes based on a well-designed randomized controlled trialor Pagequasi-experimental 11design that provides the basis for evidence of 59causal CODING:program impact and which is conducted by an external third-party researcher.

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578 quasi-experimental design that provides the basis for evidence of causal program impact and which is conducted by an external third-party researcher.

The department shall create reporting templates, procedures, and definitionsforreportingmetricsforcity,parish,andotherlocalpublicschoolboards to use in collecting and reporting tutoring-related data to the department including changesinacademicperformanceofparticipatingstudentsdisaggregatedbystudent groups according to race, gender sex, ethnicity, economically disadvantaged students, English language learner status, disabilitydisabilitystatus, status, and geographic location.

* * * §221.3.Page 11 of 57 CODING:

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HB NO.

578 ENROLLED §221.3.

ThestateDepartmentofEducationshallpublishannuallyandpublishon its website data regarding disciplinary removals disaggregated at the state, system, and school level and also disaggregated and capable of cross-tabulation by the characteristics of gender sex, race, disability, English language learner status, and Pageeconomically 12disadvantaged ofstatus. 59 CODING:

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578 economically disadvantaged status.

student age, race,Page ethnicity,12 andof gender57 sex;CODING:

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578 ENROLLED race, ethnicity, and gender sex;

The board shall solicit and accept nominations from the community at large and from organizations representingcommunityinterests,includingwithoutlimitationhealthprofessionals, Pagereligious 13and community leaders, consumer advocates, and consumers of 59hospital CODING:services.

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578 religious and community leaders, consumer advocates, and consumers of hospital services.

* * * §1998.Page 13 of 57 CODING:

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HB NO.

578 ENROLLED §1998.

* * * Page§3351. 14 of 59 CODING:

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578 §3351.

* * * (b) * * * (ii) Such rules and regulations may include the establishment, award, and continuanceofcontinuance of tuition waiverstowaivers to anystudent for purposes of gender sex equitywho participatesPage in14 an intercollegiate athletic program and who is pursuing an undergraduate degree provided that the student meets the academic standards and complies with the rules and regulations of the57 collegeCODING: or university such student is attending relative to requirements for attendance as a full-time student.

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HB NO.

578 ENROLLED participates in an intercollegiate athletic program and who is pursuing an undergraduate degree provided that the student meets the academic standards and complies with the rules and regulations of the college or university such student is attending relative to requirements for attendance as a full-time student.

Definitions Asusedin thisPart,thefollowingtermshavethefollowingmeaningsunlessthisPart,thefollowingtermshavethefollowingmeanings unless the context clearly indicates otherwise:

* * * (5) "Power-based violence" means any form of interpersonal violence intendedintendedtocontrolorintimidate toanotherpersonthrough controlthe orintimidateassertion anotherpersonthroughtheassertionofof power over the person and shall include the following:

* * * Page(i) 15Unwelcome ofsexual 59or CODING:sex- or gender-based conduct that is objectively offensive, has a discriminatoryintent, and lacks a bona fide academic purpose.

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578 (i) Unwelcome sexual or sex- or gender-based conduct that is objectively offensive, has a discriminatoryintent, and lacks a bona fide academic purpose.

* * * (4)(a)Page The15 department shall annuallycollect thefollowingdataelementsfor studentswithanexceptionalitybyeachdisabilityclassification,includingbreakouts of each57 speechCODING: or language impairment category and breakouts of each intellectual disability category, not including students identified exclusively as gifted and talented,foreachcity,parish,orotherlocalpublicschoolboard.

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HB NO.

578 ENROLLED (4)(a) Thedepartmentshall annuallycollect the following data elements for studentswithanexceptionalitybyeachdisabilityclassification,includingbreakouts of each speech or language impairment category and breakouts of each intellectual disability category, not including students identified exclusively as gifted and talented,foreachcity,parish,orotherlocalpublicschoolboard.

board membership A.(1) * * * (b)(c) * * * (iv) Beginning with the 2019-2020 school year, the governing or management board of each charter school, other than a Type 2 charter school, locatedinaparishwithlocatedinaparishwithapopulationofbetweenthreehundredtwenty-fivethousand apopulationand ofbetweenthreehundredtwenty-fivethousandthree Pagehundred 16seventy-five thousand persons, based on the most recent federal decennial census, shall be representative of 59the CODING:community in which the charter school is located byrace and gender sex to ensure diversity, and no fewerthan sixty percent of its members shall reside in the parish in which the school is located.

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578 and three hundred seventy-five thousand persons, based on the most recent federal decennial census, shall be representative of the community in which the charter school is located byrace and gender sex to ensure diversity, and no fewerthan sixty percent of its members shall reside in the parish in which the school is located.

Such admission requirementsshall bebespecificandshall specificincludea andsystem shall include asystem for admission decisions which precludes exclusion of pupils based on race, religion, gender sex, ethnicity, national origin, intelligence level as ascertained by an intelligence quotient examination, identification as a student with an exceptionality asPage defined16 inof R.S.57 CODING:

17:1942(B), or identification as a student who is economically disadvantaged.Such admission requirements may include, however, specific requirements related to a school's mission such as auditions for schools with a performing arts mission or proficiency in a foreign language for schools with a languageimmersionmission.

AnyschoolwhichwascharteredpriortoJuly1,2012, and which incorporated achievement of a certain academic record as part of its admissionrequirementsmaycontinuetousesuchadmissionrequirements.

Nolocal board shall assign any pupil to attend a charter school, except that a local board in a district in which fifty percent or more of the public schools in the district are charterschoolsand that uses asingleapplicationandenrollmentprocessadoptedby the local board for public school enrollment may assign a pupil to a charter school based on such enrollment process, the preferences of the pupil's parent or legal guardian, the charter school's admission requirements, the charter contract, and the local board's policies.

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578 §5067.ENROLLED as defined in R.S.

17:1942(B), or identification as a student who is economically disadvantaged.

Such admission requirements may include, however, specific requirements related to a school's mission such as auditions for schools with a performing arts mission or proficiency in a foreign language for schools with a languageimmersionmission.

AnyschoolwhichwascharteredpriortoJuly1,2012, and which incorporated achievement of a certain academic record as part of its admissionrequirementsmaycontinuetousesuchadmissionrequirements.

Nolocal board shall assign any pupil to attend a charter school, except that a local board in a district in which fifty percent or more of the public schools in the district are charterschools andthatusesasingleapplicationandenrollmentprocessadopted by the local board for public school enrollment may assign a pupil to a charter school based on such enrollment process, the preferences of the pupil's parent or legal guardian, the charter school's admission requirements, the charter contract, and the local board's policies.

* * * §5067.

The board of directors shall be composed of the commissioner of insuranceorhisinsuranceorhisdesignee,whoshallserveasanex designee,whoshallserveasanex officio,nonvotingmemberofthe board,Page and17 twelveof members57 toCODING: be selected from the groups and in the manner as follows:

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HB NO.

578 ENROLLED board, and twelve members to be selected from the groups and in the manner as follows:

Page(1) 18Use an insurance score that is calculated using income, gender sex, address, zip code, ethnic group, religion, marital status, or nationality of 59the CODING:consumer as a factor.

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578 (1) Use an insurance score that is calculated using income, gender sex, address, zip code, ethnic group, religion, marital status, or nationality of the consumer as a factor.

The commissioner of insurance mayprovide to a testing service provider under contract with the Department of Insurance any demographic information receivedbythedepartmentonapplications relatingto examinations takento qualify foraninsuranceproducerlicenseifthecommissionerrequirestheprovidertoreview andanalyzeexaminationresultsinPage conjunctionwiththeeducationlevel,gendersex,18 nativeof language,57 race,CODING: or ethnicityof examinees.

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HB NO.

578 ENROLLED andanalyzeexaminationresultsinconjunctionwiththeeducationlevel,gendersex, native language, race, or ethnicityof examinees.

Thecommissionerofinsurancemayprovideto atestingserviceprovider under contract with the Department of Insurance any demographic information receivedbythedepartmentonapplications relatingto examinations takentakento to qualify for an insurance consultant license if the commissioner requires the provider to review and analyze examination results in conjunction with the education level, gender sex, native language, race, or ethnicityof examinees.

Page* 19* of* 59§2161. CODING:

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578 §2161.

Contractorsshall provide all of thefollowinginthe following in the report of an actuarial review performed pursuant to this Section:

* * * (4) If available, information concerning who would benefit from any cost changesandhealthbenefitsfromthelegislativeproposal,asidentifiedinParagraphs (C)(3) through (8) of this Section, and any disproportionate effects that the legislativePage proposal19 wouldof have57 onCODING: state residents, which information, if available, shall be disaggregated, at a minimum, by race, ethnicity, sex, gender sex, and age.

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HB NO.

578 ENROLLED legislative proposal would have on state residents, which information, if available, shall be disaggregated, at a minimum, by race, ethnicity, sex, gender sex, and age.

* * * (b) Any information or data, except age or gender sex, in any form or medium createdbyor derived from a healthcarehealthcareprovider provider or a consumer, that can be used to identify a particular consumer, and that relates to anyof the following:

* * * PageSection12. 20 of 59 CODING:

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578 Section12.

23:2043(B)(1)23:2043(B)(1)is is herebyamended and reenactedtoreadasfollows:reenactedto readasfollows:

* * * SectionPage 14.20 of 57 CODING:

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HB NO.

578 ENROLLED Section 14.

* * * Page§429.3. 21 of 59 CODING:

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578 §429.3.

In making appointments to the commission, the appointingauthoritiesshallmakeeveryeffortwithinthelawtoprovideforracialand genderPage sex21 diversity among commissioners and shall make reasonable efforts to ensurethattheracialproportionoftheappointeesreflectsthesameracialproportion of St.57 CODING:

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HB NO.

578 ENROLLED gender sex diversity among commissioners and shall make reasonable efforts to ensurethattheracialproportionoftheappointeesreflectsthesameracialproportion of St.

In making appointments to the commission, the appointing authorities shall make every effort within the law to provide for racial and gender sex diversity among Pagecommissionersandshall 22makereasonableeffortstoensurethattheracialproportion of 59the CODING:appointees reflects the same racial proportion of St.

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578 commissionersandshallmakereasonableeffortstoensurethattheracialproportion of the appointees reflects the same racial proportion of St.

EachstudenttowhomascholarshipEachstudent towhomascholarship is awarded shall be a resident of the village of Palmetto in St.

Landry Parish, shall be accepted to attend or be enrolled as an undergraduate student in a Louisiana institution of higherhighereducation,shall education,have shalla haveacumulativecumulative high school or college grade pointaverageofatleastthreepointspoint averageofatleastthreepoints whencalculatedonafour-pointbasis,andshall be adjudged needy by standards equivalent to or more stringent than those of nationallyrecognizedanalysessuchasthoseusedbytheCollegeScholarshipService or the American College Testing Service.

In the event that no student meets the residencycriterion,ascholarshipmayberesidencycriterion, awardedto a studentscholarship maybeawardedto astudent whose parent or legal guardian isais utilitycustomera ofutilitycustomerof the village in good standing.

In the administration of the program, no student shall bediscriminatedagainstonthebasisofrace,color,gendersex,disability,asdefinedPage in22 R.S.of 57 CODING:

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HB NO.

578 ENROLLED bediscriminatedagainst onthebasisofrace,color,gendersex,disability,asdefined in R.S.

* * * (2) Themembersoftheboardshallincluderepresentativesfromthebusiness community, health care, legal and professional services, small business owners, financial institutions, manufacturing or service companies, local and regional educational systems or institutions, and parish and municipal government Pageorganizations. 23 of 59 CODING:

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578 organizations.

36:108(B)(5) is herebyamended and reenactedtoreenacted to read as follows:

purposes and functions * * * B.Page 23 of 57 CODING:

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HB NO.

578 ENROLLED B.

* * * PageSection 2417. of 59 CODING:

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578 Section 17.

37:832(A)(2),914(B)(3),37:832(A)(2), 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A), 1172(A), 2102(A)(2), 2353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A)(introductory paragraph), 3061(A)(2)(c), 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A), 3463(B)(1), 3554(A)(2), and 3703(B)(3) are hereby amended and reenacted to read as follows:

* * * §962.Page 24 of 57 CODING:

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HB NO.

578 ENROLLED §962.

The appointment of members of the board shall be made from a list, containing twice the number of eligibles to be appointed, submitted to the governor by the Louisiana State Medical Society where the appointee shall be a licensed physician, bythe LouisianaLouisianaFederationofLicensedPractical FederationofNurses, LicensedInc., PracticalNurses,Inc.,foronefor one of the practical nurses, by the Licensed Practical Nurses of Louisiana, Inc., for one of the practical nurses, by the Louisiana Nursing Home Association, for one practical Pagenurse, 25by ofthe 59Louisiana CODING:Hospital Association, for one practical nurse, or by the Louisiana State Nurses Association where the appointee shall be a registered nurse.

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578 nurse, by the Louisiana Hospital Association, for one practical nurse, or by the Louisiana State Nurses Association where the appointee shall be a registered nurse.

Seven appointments to the board, includingoneconsumerfromthepublicatlarge,shallbemadebythegovernorfrom a list of qualified candidates submitted by the executive board of the Louisiana CounselingAssociation.TheconsumermembermayalsoapplydirectlytotheofficePage of25 the governor.Four appointments to theboardshall bemadebythegovernorfrom a list of qualified57 candidatesCODING: submitted by the executive board of the Louisiana Association for Marriage and Family Therapy.

Each appointment by the governor shall besubmitted totheSenate for confirmation.

The governor shall ensure that his appointments demonstrate race, gender sex, ethnic, and geographical diversity.

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578 §1172.ENROLLED CounselingAssociation.Theconsumermembermayalsoapplydirectlytotheoffice ofthegovernor.Fourappointments to the board shall be made bythegovernorfrom a list of qualified candidates submitted by the executive board of the Louisiana Association for Marriage and Family Therapy.

Each appointment by the governor shall be submitted to the Senate for confirmation.Thegovernorshall ensure that his appointments demonstrate race, gender sex, ethnic, and geographical diversity.

* * * §1172.

37:1173 and one representativeofrepresentativeoftheconsumersofLouisianafrom the consumersstate ofLouisianafromthestate at-largewhopossessthequalificationsspecifiedinR.S.37:1174.Thegovernorshall ensurethathis appointments demonstraterace,gendersex,ethnic,andgeographicaldemonstraterace,gendersex,ethnic, andgeographical diversity.

The list shall report the results of an election in which persons qualified for board membership may nominate themselves and in which licensed members of the Louisiana PsychologicalPage Association26 and other persons licensed in accordance with the provisions of this57 ChapterCODING: are entitled to one vote for each vacancy on the board.

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HB NO.

578 ENROLLED Psychological Association and other persons licensed in accordance with the provisions of this Chapter are entitled to one vote for each vacancy on the board.

* * * Page§2403. 27 of 59 CODING:

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578 §2403.

The Louisiana Society of Hearing Aid Specialists, chartered by the state, shall submit to the governorgovernornames names of not less than fourteen qualified hearing aid dealers, who shall be activelyengaged in the sellingand fitting of hearingaids.

* * * §2704.Page 27 of 57 CODING:

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HB NO.

578 ENROLLED §2704.

All appointees shall be selected from one list compiled by all statewide social work membership organizations that have Pagewritten 28bylaws and meet all state and federal laws, and the Louisiana Chapter of 59the CODING:National Association of Social Workers shall be responsible for the coordination of thisprocess.Theconsumermembermayapplydirectlytotheofficeofthegovernor.

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HLS 26RS-1058 REENGROSSED HB NO.

578 written bylaws and meet all state and federal laws, and the Louisiana Chapter of the National Association of Social Workers shall be responsible for the coordination of thisprocess.Theconsumermembermayapplydirectlytotheofficeofthegovernor.

* * * (2)Page Thegovernorshallensurethathisappointmentsdemonstraterace,gender28 sex,of ethnic,57 andCODING: geographical diversity.

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HB NO.

578 ENROLLED (2) Thegovernorshallensurethathisappointmentsdemonstraterace,gender sex, ethnic, and geographical diversity.

qualifications of members * * * PageB. 29 of 59 CODING:

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578 B.

Thegovernorshallensurethathisappointmentsdemonstraterace,gender sex, ethnic, and geographicaldiversity.geographical diversity.

Members of the board shall serve three-year terms.Membersappointedtoterms.Membersappointedtofillvacanciescausedbydeath,resignation,orremoval fill vacanciescausedbydeath,resignation,orremoval shall serve the unexpired terms of their predecessors.

There is hereby created in the Louisiana Department of Health the Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of Examiners, referred to hereafter in this Chapter as the "board", consisting of five membersPage who29 shall be residents of the57 stateCODING: of Louisiana.

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HB NO.

578 ENROLLED members who shall be residents of the state of Louisiana.

Each appointment by the governor shall be Pagesubmitted 30to ofthe 59Senate CODING:for confirmation.

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HLS 26RS-1058 REENGROSSED HB NO.

578 submitted to the Senate for confirmation.

officers * * * B.(1) The governor shall appoint, subject to Senate confirmation, members to the board from a list containing the names of five persons, submitted by the LouisianaAssociationofWholesaleDrugDistributorsandfromalistcontainingthe namesoftwopersons,submittedbythePharmaceuticalResearchandManufacturers of America.The consumermembermayapplydirectlytoconsumer themember officeofmayapplydirectlytotheofficeof the governor.

* * * (3)Page Thegovernorshallensurethathisappointmentsdemonstraterace,gender30 sex,of ethnic,57 andCODING: geographical diversity.

A vacancy in an unexpired term shall be filled in the manner of the original appointment for the remainder of the unexpired term.

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578 SectionENROLLED 18.(3) Thegovernorshallensurethathisappointmentsdemonstraterace,gender sex, ethnic, and geographical diversity.

A vacancy in an unexpired term shall be filled in the manner of the original appointment for the remainder of the unexpired term.

* * * Section 18.

Legislative intent The Legislature of Louisiana wishes to further efforts by the Parkinson's community to find a cure for this devastating disease by helping to determine how many people in the state suffer from Parkinson's and bygatheringby gathering vital information fromtheseindividuals,suchasgeneralage,ethnicity,gendersex,aswellaspossible environmentalfactorsthatmayhaveplayedapartinthedevelopmentofthedisease.

* * * (l) * * * Page 3231 of 5957 CODING:

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578 ENROLLED (l) * * * (ii) Each person appointed pursuant to this Subparagraph shall have at least five years of academic or professional expertise in housing or services for people experiencing homelessness with a focus in one or more of the following areas:

* * * (m) The executive director of the Louisiana Housing Corporation shall appoint atleasttwoat memberswithleast livedexperienceoftwo homelessness.memberswith livedexperienceofhomelessness.

Council on Peace Officer Standards and Training * * * H.(1) The council may establish and implement curricula and publish trainingmaterialsto trainpeaceofficerstoidentify,respondto,andreportallcrimestrainpeaceofficersto whicharedirectedagainstidentify,respondto,andreportallcrimes individualswhicharedirectedagainstindividuals orgroups,ortheirproperty,byreasonoftheir actual or perceived race, age, gender sex, religion, color, creed, disability, sexual orientation, national origin, or ancestry.

* * * PageSection 3319. of 59 CODING:

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578 Section 19.

§2.1.Page 32 of 57 CODING:

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HB NO.

578 ENROLLED §2.1.

* * * PageSection 3420. of 59 CODING:

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578 Section 20.

§153.3.Page 33 of 57 CODING:

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HB NO.

578 ENROLLED §153.3.

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578 ENROLLED §1095.

Special care should be given in the appointments to ensurethattheboardisensurethattheboard is representativeofthecommunityin termstermsofgendersex,age, of gendersex,age, ethnicity,andgeography,aswellasknowledgeandexpertise.

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578 ENROLLED (6) "Person" or "persons", "taxpayer" or "taxpayers" includes firms, companies,associationsandcorporations;allwordsimportingthemasculinegender sex apply to females also, and all words in the plural number apply to single individuals in all cases in which the spirit and intent of this Chapter require it.

The Ouachita ExpresswayAuthoritymembershipExpresswayAuthority membership shall be representative as near as practicable by race and gender sex of the Ouachita parish population as of the most recent federal decennialcensus.

* * * PageSection24. 37 of 59 CODING:

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578 Section24.

§942.Page 36 of 57 CODING:

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578 ENROLLED §942.

The departmentshalldepartment shall provide for the increasedopportunityforincreasedopportunityforsmall small and emergingbusinessestoemergingbusinessestobecomecompetitivein becomecompetitiveinamoderneconomywithout amoderneconomywithoutregardtoregardto race or gender sex.

TheThefollowingprovisions following provisions of this SectionshallSection shall be applied and interpreted to promote this purpose.

TheWildlife andFisheriesCommission maypromulgateandadoptrules and regulations in accordance with the Administrative Procedure Act in relation to deer or turkeyturkeyharvest harvest records and tagging.

Such rules and regulations maymayinclude include the following:

* * * Page§1705. 38 of 59 CODING:

Poverty Point Reservoir Development Dedicated Fund Account * * * Page 37 of 57 CODING:

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578 §1705.ENROLLED C.

The Poverty Point Reservoir Development DedicatedDistrict FundBoard Accountmembership *shall *be *representativeof C.the population of the state based on raceand gendersex as near as practicable.

The Poverty Point Reservoir Development District Board membership shall be representativeofthe population of the state based on raceand gendersex as near as practicable.

If an objection is made that a challenge was motivated in substantial part on the basis ofraceorgendersex,andaprimafaciecasesupportingthatobjectionismadebythe objecting party, the court shall demand a satisfactory race or gender sex neutral reasonreasonfor for the exerciseexerciseof of the challenge.

The court shall then Pagedetermine 39whether the challenge was motivated in substantial part on the basis of 59race CODING:or gender sex.

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578 determineENROLLED whetherD. the challenge was motivated in substantial part on the basis of race or gender sex.

D.

Those jurors who have been peremptorilyperemptorilychallenged challenged and for whom no satisfactoryraciallyneutral or gender sex neutral reason is apparent or given maybe ordered returned to the panel, or the court maytakemay take such other corrective action as it deems appropriate under the circumstances.ThecircumstancesThe court shall make specific findings regarding each such challenge.

________/______/_______ (MM/DD/YYYY) PageGENDER 40SEX of_____ 59Female CODING:_____Male SSN (last 4 digits):

XXX-XX-________ Page 39 of 57 CODING:

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578 GENDERENROLLED SEXRACE: _____ Female _____Male SSN (last 4 digits):

XXX-XX-________ RACE:

________ Page 4140 of 5957 CODING:

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578 ENROLLED Name of the offense __________________ ( ) Time expired for prosecution __________________ (MM/DD/YYYY) ( ) Not prosecuted for anyoffense arising out of this charge.

( ) Charge dismissed ( ) Found not guilty/judgment of acquittal ____ Yes ____ No MISDEMEANOR CONVICTIONS Page 4241 of 5957 CODING:

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578 ENROLLED NO.

( ) A copy of the proof from the Department of Public Safety and Corrections, office of motor vehicles, that it has received from the Page 4342 of 5957 CODING:

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578 ENROLLED clerk of court a certified copy of the record of the plea, fingerprints of the defendant, and proof of the requirements set forth in C.Cr.P.

G CriminalBackgroundCheckfromtheLa.StatePolice/ParishSheriffCriminal BackgroundCheckfromtheLa.StatePolice/ParishSheriff dated within the past 60 days (required).

TheMoverpraysthatifthereisnoobjectiontimelyfiledbythearrestinglawTheMoverpraysthatifthereis noobjectiontimelyfiledbythearrestinglaw enforcement agency, the district attorney's office, or the Louisiana Bureau of Criminal Identification and Information, that an order be issued herein ordering the expungement of the record of arrest and/or conviction set forth above, including all photographs, fingerprints, disposition, or any other such information, which record shallbeconfidentialandnolongerconsideredapublicrecord,norbemadeavailable Page 4443 of 5957 CODING:

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578 ENROLLED to other persons, except a prosecutor, member of a law enforcement agency, or a judge who may request such information in writing, certifying that such request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex offender registration and notification pursuant to the provisions of R.S.

____________________________________ Address ____________________________________ City, State, ZIP Code ____________________________________ Telephone Number Page 4544 of 5957 CODING:

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578 ENROLLED If not represented by counsel:

_______________________________________________________ ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD Considering the Motion for Expungement G The hearing conducted and evidence adduced herein, OR G Affidavits of No Opposition filed, Page 4645 of 5957 CODING:

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578 ENROLLED IT IS ORDERED, ADJUDGED AND DECREED G THE MOTION IS DENIED for No(s).

G An offense currentlycurrentlylisted listed as a sex offense that requires registration pursuant to R.S.

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578 ENROLLED G Mover completed a DWI pretrial diversion program, but five years have not elapsed since the mover's date of arrest.

G Mover was convicted of a criminal offense during the ten-year period,excludinganynoncapitalfelonyduringtheprecedingten-year period that would otherwise bebeeligible eligibleforfor expungement pursuant to C.Cr.P.

G THEMOTIONISHEREBYGRANTEDFOREXPUNGEMENT BY REDACTION If the record includes more than one individual and the mover Page 4847 of 5957 CODING:

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578 ENROLLED is entitled to expungement by redaction pursuant to Code of Criminal Procedure Article 985, for No(s).

The record shall be confidential and no longer considered a public record, nor be available to other persons except a prosecutor, member of a law enforcement agency, or a judge who may request such information in writing certifying that such request is for the purpose of prosecuting, investigating, orenforcingtheor criminalenforcingthecriminallaw, law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purposepurposeof ofthe therequirementsofsexrequirementsofsex offenderregistration andnotificationpursuantandnotificationpursuantto to the provisions of R.S.

___________________________________ JUDGE Page 4948 of 5957 CODING:

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578 ENROLLED PLEASE SERVE:

_________________ Page 5049 of 5957 CODING:

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578 ENROLLED AGENCY ITEM NO.

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578 ENROLLED 5.

TheThemoverprays moverpraysthatifthereis thatifthereisnoobjectiontimelyfiledbythearrestinglawno objectiontimelyfiledbythearrestinglaw enforcement agency, the District Attorney's Office, or the Louisiana Bureau of Criminal Identification and Information, that an order be issued herein ordering the Louisiana Bureau of Criminal Identification and Information to expunge the entry of the felony charge(s) listed contained in the criminal history;

____________________________________ Signature of Mover/Defendant ____________________________________ Mover/Defendant Name ____________________________________ Address ____________________________________ City, State, ZIP Code Page 5251 of 5957 CODING:

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578 ENROLLED ____________________________________ Telephone Number PLEASE SERVE:

_______________________ __________________________________ DATE DISTRICT ATTORNEY PARISH OF Page 5352 of 5957 CODING:

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578 ENROLLED _____________ JUDICIAL DISTRICT STATE OF LOUISIANA * * * Art.

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578 ENROLLED ____________________________________ Address ____________________________________ City, State, ZIP Code ____________________________________ Telephone Number If not represented by counsel:

NAME:________________________________________________ First Middle Last DATE OF BIRTH:_____________ GENDER SEX:_____________ SS#___________________________ RACE___________________________ DRIVER'S LICENSE#___________________ ARRESTING AGENCY___________________ SID#___________________ ARREST NUMBER (ATN)___________________ AGENCY ITEM NO:________________________ PLEASEPage SERVE:54 of 57 CODING:

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HB NO.

578 ENROLLED PLEASE SERVE:

Arresting Agency:_______________________________________________ Page3. 55 of 59 CODING:

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578 3.

Therefore,Therefore,sexuallyexploited sexuallyexploited children should not be prosecuted for criminal acts related to prostitution.

Sexuallyexploited childrendeservethe protection of child welfare services, including diversion, crisis intervention, counseling,Page and55 emergencyof housing57 services.CODING:

The purpose of this Chapter is to Page 56 of 59 CODING:

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578 protectENROLLED acounseling, childand fromemergency furtherhousing victimizationservices. after the child is discovered to be a sexuallyexploitedchildbyensuringthatachildprotectiveresponseisinplaceinthe state.Thisistobeaccomplishedbypresumingthatanychildengagedinprostitution, prostitution by massage, or crime against nature by solicitation is a victim of sex traffickingandprovidingthesechildrenwiththeappropriatecareandserviceswhere possible.

InThe determiningthepurpose needforandcapacityofservicesthat maybe provided, the Department of Childrenthis andChapter Familyis Servicesto shallprotect recognizea thatchild sexuallyfrom exploitedfurther childrenvictimization haveafter separatethe andchild distinctis serviceneedsdiscovered accordingtoto genderbe sex,a andsexuallyexploitedchildbyensuringthatachildprotectiveresponseisinplaceinthe everystate.Thisistobeaccomplishedbypresumingthatanychildengagedinprostitution, effortprostitution shouldby bemassage, madeor tocrime ensureagainst thesenature childrenby aresolicitation notis prosecuteda orvictim treatedasof juvenilesex delinquents,buttraffickingandprovidingthesechildrenwiththeappropriatecareandserviceswhere insteadpossible. aregiven the appropriatesocial services.

In determiningtheneedforandcapacityofservicesthat maybe provided, the Department of Children and Family Services shall recognize that sexually exploited children have separate and distinct serviceneeds accordingto gender sex, and every effort should be made to ensure these children are not prosecuted or treatedas juvenile delinquents, but instead aregiven the appropriatesocial services.

* * * SectionPage 29.56 of 57 CODING:

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HB NO.

578 ENROLLED Section 29.

PageSPEAKER 57OF ofTHE 59HOUSE CODING:OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

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578 DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.

It constitutes nopart of the legislative instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 578 Reengrossed 2026 Regular Session Mike Johnson Abstract:

Defines "sex" and changes all references from "gender" to "sex".

Present law provides for the following:

(1) Definitions and use of gender or the number of persons in present law.

(2) Boards, commissions, committees, authorities, and council appointments or membership of the La.

Industrial Hemp Promotion and ResearchAdvisoryBd., La.

EquinePromotionandResearchAdvisoryBd.,hospitaladvisorycommittees,Bd.of Supervisorsof Communityand TechnicalColleges, advisorycouncils, children and youth services advisory boards, postsecondary education management boards, charter school boards, La.

State Bd.

of Embalmers and Funeral Directors, La.

State Bd.

of Nursing, La.

State Bd.

of Practical Nurse Examiners, La.

State Bd.

of OptometryExaminers,La.LicensedProfessionalCounselorsBd.ofExaminers,Bd.

ofPharmacy,La.StateBd.ofExaminersforSanitarians,La.StateBd.ofExaminers of Psychologists, La.

Physical Therapy Bd., La.

Bd.

for Hearing Aid Dealers, La.

State Bd.

of Social Work Examiners, Bd.

of Electrolysis Examiners, La.

State Bd.

of Examiners in Dietetics and Nutrition, Radiologic TechnologyBd.

of Examiners, Addictive Disorder Regulatory Authority, La.

Licensed Professional Vocational Rehabilitation Counselors Bd.

of Examiners, La.

Bd.

of Massage Therapy, La.

Behavior Analyst Bd., La.

Bd.

of Drug and Device Distributors, La.

Interagency CouncilonHomelessness,CouncilonPeaceOfficerStandardsandTraining,La.Bd.

of Ethics, Medicaid Pharmaceutical and Therapeutics Committee, Council on MedicaidPharmacyReimbursement,La.EconomicDevelopment,centralcollection commissions, Volunteer La.

Commission, Ouachita Expressway Authority, Shreveport Implementation and Redevelopment Authority, Sewage and Water Bd., Evangeline Economic Development Authority, Village of Palmetto in St.

Landry Parish, Bd.

of Commissioners St.

Martin Parish, Bd.

of Commissioners St.

Landry Parish, and La.

Workforce Investment Council.

(3) Datacollectionandreportsforcriminaljustice reform,the officeof juvenile justice, schools, traffic citations, and migration of residents.

(4) Criminal matters regarding peremptory exceptions, expungement forms, detention centers, hate crimes, education, training and discipline, work opportunities, vocational training, contracts and agreements, solitary confinement, and impaired tracking systems.

(5) Insurancemattersregardingexaminations,theLa.HealthPlan,andactuarialreviews.

(6) ThePovertyPointReservoirDevelopmentDedicatedFundAccount,PolicePension Fund for the Police Dept.

of the Cityof New Orleans, and Firefighters' Pension and Relief Fund in the City of New Orleans.

(7) The Uniform International Child Abduction Prevention Act.

(8) The La.

Riverboat Economic Development and Gaming Control Act.

(9) The La.

Parkinson's Disease Registry.

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578 (10) The Parish Hospital Service District for the Parish of Orleans.

(11) Targeted advertisements, gestational carriers, horse racing, commemorative certificates,small andemergingbusinesses,anddeerandturkeyharvestrecordsand tagging.

Proposed law generally retains present law but changes references from "gender" to "sex".

Proposed law defines "sex" as an individual's biological sex, either male or female, as observedorclinicallycertifiedatbirth.

Genderidentityand othersubjectivetermsshall not be used as synonyms or substitutes for sex.

Proposedlaw also authorizes and directstheLa.StateLawInstitute to changeallreferences in law from gender to sex as it pertains to the personally identifiable information of an individual.

Proposed law may be known and cited as the "Restoring Biological Truth Act".

(Amends C.C.

Art.

14, C.C.P.

Art.

5055, C.Cr.P.

Arts.

4, 795(C), (D), and (E), 989, 992, 994,997,998,and999.1,Ch.C.Arts.106,720(B)(1),725,1217.1(A)(4),and1239.1(A)(4), R.S.1:8, R.S.

3:1493(E)and 2074(E),R.S.4:158.2(A)(2)and193(B),R.S.9:2720(D),R.S.

11:3390 and 3662, R.S.

13:1856(A)(1) and 1857(A)(8)(d)(ii) and (iii), R.S.

14:107.2(A), R.S.15:827.3(A)(2)(c)(i), 832(A),905(F)(13)(b)and(14)(a)(ii)and(d)(ii),933(D)(4)(intro.

para.) and (E)(1)(intro.

para.), 934(B)(4), 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a), R.S.

17:17.5(B)(2), 100.13(G)(2)(f) and (J), 221.3(B)(2)(d), 416(M), 416.21(N)(3)(a) and (b)(i)(aa) and (bb), 1519.7(C), 1871(A)(3), 1998, 3047.7(B)(2)(a), 3351(B)(2)(b)(ii), 3399.12(5)(i), 3911(B)(1)(i)(intro.

para.) and (4)(a)(intro.

para.), 3991(A)(1)(b)(iv) and (B)(3), and 5067(B)(7), R.S.

22:1204(A)(10)(b), 1504(1), 1545(I)(1)(intro.

para.) and (J), 1808.2(H), 2161(B), 2187(D)(4), and 2503(9)(b)(intro.

para.), R.S.

23:2043(B)(1), R.S.

27:46(B), R.S.

32:398.10(A)(2)and 429.3, R.S.

33:130.302(A)(2),130.882(A)(2), 363(D), 2740.70.3(B)(2), 4071(A)(6), and 4720.301(G)(2), R.S.

36:108(B)(5), R.S.

37:832(A)(2), 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A), 1172(A), 2102(A)(2), 2353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A)(intro.

para.), 3061(A)(2)(c), 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A), 3463(B)(1), 3554(A)(2), and 3703(B)(3), R.S.

40:31.61, 101(D)(1), 600.151(D)(1)(l)(ii)(hh) and (m)(iv) and 2403(H)(1), R.S.

42:2.1(A) and 1132(B)(1)(a)-(c), R.S.