Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHCAHB578 4747 4153 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendmentsproposedbyHouseCommitteeonCivilLawandProceduretoOriginalHouse BILLBill NO.No.
578 BYby REPRESENTATIVESRepresentative MIKEMike JOHNSON,Johnson AMEDEE,AMENDMENT BAYHAM,NO. BUTLER, CHENEVERT, CREWS, DEWITT, DICKERSON, EDMONSTON, EGAN, FARNUM, FIRMENT, HORTON, OWEN, SAWYER, SCHAMERHORN, SCHLEGEL, AND WILDER AN ACT To amend and reenact Civil Code Article 14, Code of Civil Procedure Article 5055, Code ofCriminal ProcedureArticles4,795(C),(D),and(E),989,992,994,997,998,and 999.1, Children's Code Articles 106, 720(B)(1), 725, 1217.1(A)(4), and 1239.1(A)(4),R.S.1:8,R.S.3:1493(E)and2074(E),R.S.4:158.2(A)(2)and193(B), R.S.
9:2720(D),1 R.S.On page 2, at the end of line 19, delete "others" and insert "the other" AMENDMENT NO.
11:33902 On page 4, at the end of line 21, delete "others" and 3662,insert R.S."the other" Page 1 of 1 CODING:
13:1856(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)(introductory paragraph) and (E)(1)(introductory paragraph), 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)(introductory paragraph) and (4)(a)(introductory paragraph), 3991(A)(1)(c)(iv) and (B)(3), and 5067(B)(7), R.S.
22:1204(A)(10)(b), 1504(1), 1545(I)(1)(introductory paragraph) and (J), 1808.2(H), 2161(B), 2187(D)(4), and 2503(9)(b)(introductory paragraph), 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),and4720.301(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)(introductory paragraph), 3061(A)(2)(c),3084(B)(2),3201(B)(2), 3386.2(C),3389(C),3444(A),3463(B)(1), Page 1 of 57 CODING:
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HB NO.
578 ENROLLED 3554(A)(2),and3703(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) through (c), R.S.
46:153.3(D)(1), 288.5(1), 460.37(B)(10), 1095(A), and 1941.8(A)(introductory paragraph), R.S.
47:337.14(E)(2) and 1702(6), R.S.
48:2134(C)(introductory paragraph), R.S.
49:1112(B)(1), R.S.
51:942(A) and 1762(A)(8)(a)(iii), R.S.
56:108(A) and 1705(C), relative to use of terms;
to provide for the Restoring Biological Truth Act;
to change references from gender to sex;
to provide with respect to definitions;
to provide for the use of gender and number;
to provide for boards, commissions, and councils;
to provide for statistical data collection and reporting;
to provide for various technical revisions;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section1.
CivilCodeArticle14isherebyamendedandreenactedtoreadasfollows:
Art.
14.
Use of gender sex Unless the context indicates otherwise, words used with reference to one gender sex apply to the other genders sex.
Section 2.
R.S.
1:8 is hereby amended and reenacted to read as follows:
§8.
One gender sex may denote others the other;
definition of sex A.
Wordsusedinreferencetoonegendersexapplyalsototheothergenders sex, except as otherwise clearlyindicated by the context.
B.
"Sex" means an individual's biological sex, either male or female, as observedorclinicallycertifiedatbirth.
"Genderidentity"andothersubjectiveterms shall not be used as synonyms or substitutes for the term "sex".
Section 3.
R.S.
3:1493(E) and 2074(E) are hereby amended and reenacted to read as follows:
§1493.
Louisiana Industrial Hemp Promotion and Research Advisory Board;
creation and organization * * * E.
AppointmentstotheboardshallbemadenolaterthanSeptember1,2022.
Each appointing authority shall notify the commissioner of the appointment.
The Page 2 of 57 CODING:
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HB NO.
578 ENROLLED board should be representative of the state's population by race and gender sex to ensure diversity.
* * * §2074.
Louisiana Equine Promotion and Research Advisory Board;
creation and organization * * * E.
An organization authorized to make nominations for appointment to the board shall submit its list of nominees within thirty days after the commissioner requeststhelist.Thecommissionershallmakeallappointmentstotheboardnolater than thirty days after receiving the list of nominees.
The board should be representative of the state's population by race and gender sex to ensure diversity.
* * * Section4.
R.S.4:158.2(A)(2)and193(B)areherebyamendedandreenactedtoread as follows:
§158.2.
Quarterly reporting of professional services information A.
Each association or licensee as defined in R.S.
4:143 shall submit to the commission, the Senate Committee on Judiciary B, and the House Committee on Commerce all of the following:
* * * (2) Areportonthedemographicinformationoftheassociation'sorlicensee's workforce, including but not limited to race, gender sex, and Louisiana residency.
* * * §193.
Categories of persons subject to exclusion and ejection;
civil liberties * * * B.
No person may be excluded or ejected on account of race, color, creed, national origin, ancestry, disability, as defined in R.S.
51:2232, or gender sex.
* * * Section 5.
R.S.
9:2720(D) is hereby amended and reenacted to read as follows:
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HB NO.
578 ENROLLED §2720.
Enforceability of gestational carrier contract * * * D.
No person shall enter into a gestational carrier contract that requires the gestational carrier to consent to terminate a pregnancy resulting from in utero embryo transfer for any reason, including a prenatal diagnosis of an actual or potential disability, impairment, genetic variation, or any other health condition or adiscriminationbasedongendersex,orforthepurposesofthereductionofmultiple fetuses.
Any such provision in a contract executed in the state of Louisiana or any other state shall be absolutely null and unenforceable in the state of Louisiana as contrary to public policy.
Section 6.
R.S.
11:3390 and 3662 are hereby amended and reenacted to read as follows:
§3390.
Beneficiaries For the purposes of this Part, whenever reference is made to gender sex, the masculine shall include the feminine, the feminine shall include the masculine, and in particular with reference to Sections 3363, 3378, 3379, 3385, and 3388 without limiting the generality of the above, whenever reference is made to widows of members of the fire department, it shall also applyto widowers of said members.
* * * §3662.
One gender sex may denote others the other For the purposes of this Subpart, whenever reference is made to gender sex, the masculine shall include the feminine, the feminine shall include the masculine, and in particular with reference to Sections 3631, 3648, 3656, and 3660;
without limiting the generality of the above, whenever reference is made to widows of members, it shall also apply to widowers of said members.
Section 7.
R.S.
13:1856(1) and 1857(A)(8)(d)(ii) and (iii) are herebyamended and reenacted to read as follows:
§1856.
Contents of petition Apetition under this Partshall beverifiedandincludeacopyofanyexisting child-custodydetermination, if available.
The petition shall specifythe risk factors Page 4 of 57 CODING:
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HB NO.
578 ENROLLED for abduction, including the relevant factors described in R.S.
13:1857.
Subject to the provisions of R.S.
13:1821(E), if reasonably ascertainable, the petition shall contain:
(1) The name, date of birth, and gender sex of the child.
* * * §1857.
Factors to determine risk of abduction A.
Indeterminingwhetherthereis acredibleriskofabductionofachild,the court shall consider all of the following factors and any evidence that the petitioner or respondent:
* * * (8) Is likely to take the child to a country that either:
* * * (d) Has laws or practices that would either:
* * * (ii) Restrictthepetitionerfromfreelytravelingtoorexitingfromthecountry because of the petitioner's gender sex, nationality, marital status, or religion.
(iii) Restrict the child's ability legally to leave the country after the child reaches the age of majority because of a child's gender sex, nationality, or religion.
* * * Section 8.
R.S.
14:107.2(A) is hereby amended and reenacted to read as follows:
§107.2.
Hate crimes A.
It shall be unlawful for any person to select the victim of the following offensesagainstpersonandpropertybecauseofactualorperceivedrace,age,gender sex, religion, color, creed, disability, sexual orientation, national origin, or ancestry of that person or the owner or occupant of that property or because of actual or perceived membership or service in, or employment with, an organization, or becauseofactualorperceivedemploymentasalawenforcementofficer,firefighter, or emergency medical services personnel:
first or second degree murder;
manslaughter;battery;aggravatedbattery;seconddegreebattery;aggravatedassault with a firearm;
terrorizing;
menacing;
mingling harmful substances;
simple or third Page 5 of 57 CODING:
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HB NO.
578 ENROLLED degreerape,forcibleorseconddegreerape,oraggravatedorfirstdegreerape;sexual battery;
second degree sexual battery;
oral sexual battery;
carnal knowledge of a juvenile;indecentbehaviorwithjuveniles;molestationofajuvenileorapersonwith a physical or mental disability;
simple, second degree, or aggravated kidnapping;
simple or aggravated arson;
communicating of false information of planned arson;
simple oraggravatedcriminaldamageto property;
contaminationofwatersupplies;
simple or aggravated burglary;
criminal trespass;
simple, first degree, or armed robbery;
purse snatching;
extortion;
theft;
desecration of graves;
institutional vandalism;
or assault by drive-by shooting.
* * * Section 9.
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)(introductory paragraph) and (E)(1)(introductory paragraph), 934(B)(4), 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a) are hereby amended and reenacted to read as follows:
§827.3.
Savings attributable to criminal justice reforms;
data collection and reporting requirements to the Joint Legislative Committee on the Budget A.
* * * (2) Each fiscal year, the annual savings shall be allocated as follows:
* * * (c) Forty-five percent shall be allocated to the Louisiana Community and Technical College System for targeted investments in educational and vocational trainingaimedatrecidivismreductionprogrammingforadultandjuvenileoffenders.
Suchfundsshallbeutilizedinconnectionwithanyotheravailablesourcesoffederal or state aid or training funds.
The Louisiana Community and Technical College System shall provide a report to the legislature by December fifteenth of each year which shall include but not be limited to the following:
(i) Adetaileddescriptionofthenumberofpeopletrainedcategorizedbyage, race, gender sex, and geographic region.
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HB NO.
578 ENROLLED §832.
Work by inmates;
allowance A.
The department shall provide employment opportunities and vocational trainingforallinmates,regardlessofgendersex,consistentwithavailableresources, physical custody, and appropriate classification criteria.
Insofar as is possible, the equipment used in such programs, the conditions of employment, the management practices, and the general operating procedures thereof shall approximate those of private industry.
The provisions of Part IX of Chapter 2 of Title 51 of the Louisiana Revised Statutes of 1950 with respect to prison-made goods shall be applicable to goods made, manufactured, or produced by the inmates of all institutions and facilities, under the jurisdiction of the department.
* * * §905.
Rulesandregulations;education;traininganddiscipline;workopportunities;
vocational training;
contracts and agreements;
solitary confinement * * * F.
* * * (13) Every instance of solitary confinement shall be documented electronically and in the aggregate.
Unidentified data on the frequency and length of time that the juvenile spends in solitary confinement shall be available upon request as a public record.
Documentation of the solitaryconfinement shall include all of the following:
* * * (b) The race, ethnicity, age, gendersex, and disabilitystatus of the juvenile.
* * * (14)(a) The office of juvenile justice shall submit a report on the use of solitaryconfinementquarterlytotheJuvenileJusticeReformActCommission.
This report shall include all of the following:
* * * Page 7 of 57 CODING:
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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:
* * * (ii) Race and ethnicity, age, and gender sex of juveniles placed in solitary confinement.
* * * §933.
Office of juvenile justice;
statistical data collection;
reporting * * * D.
Data to be collected and maintained.
The data collected and maintained under this Section shall include but not be limited to the following data points for each child served:
* * * (4) Gender Sex.
* * * E.
Data to be reported.
The reports mandated by the office of juvenile justice shall include but not be limited to the following data:
(1) Disaggregated byrace, ethnicity, gender sex, parish of prosecution, and most serious offense of adjudication, data including:
* * * §934.
Detention centers * * * B.
The data collected and maintained shall include but not be limited to the following information for each child:
* * * (4) Gender Sex.
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HB NO.
578 ENROLLED §1110.
Purpose and reasons for detention;
detention standards;
licensing;
fees * * * D.
* * * (3) A copy of the completed detention screening instrument shall be provided to the juvenile detention facility for any child who is admitted into its custody.
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 releasethe childwithout conditions.
Thisrecordshallincludetheparishinwhichthechildwas 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.
This information shall be aggregated and submitted quarterly to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice which shall annually provide such information to the JDAI Collaborative.
* * * §1204.2.
Creation of system;
functions;
powers;
duties * * * B.
The system, by and through the commission, shall have the following functions, powers, and duties:
* * * (4) To prepare and distribute, to all such persons and agencies, forms to be used in reporting data to the system.
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, sexual orientation,nationalorigin, or ancestryor byreason of their actual or perceived membership or service in, or employment with, an organization as definedinR.S.14:107.2.
Theformsshallalsoprovideforotheritemsofinformation Page 9 of 57 CODING:
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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.
* * * §1228.9.
Impaired Driver Tracking System;
purpose;
procedure * * * D.(1) Everylaw enforcement agency in this state, including but not limited to city police departments, sheriffs' offices, and state police shall submit the following information to the impaired driver tracking system component of ICJIS, when a person is arrested for anyoffense listed in Subsection C of this Section:
(a) The law enforcement agency making the arrest shall provide sufficient informationaboutthearrestedpersonsothatotherlawenforcementagencies,courts, the Department of Public Safety and Corrections, and other relevant persons or agenciescanidentifythepersonarrested,includingbutnotlimitedtoname,address, driver'slicensenumber,dateofbirth, andphysicalcharacteristics,suchaseyecolor, hair color, and gender sex.
* * * Section 10.
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)(introductory paragraph) and (4)(a)(introductory paragraph), 3991(A)(1)(c)(iv) and (B)(3), and 5067(B)(7) are hereby amended and reenacted to read as follows:
§17.5.
Physical fitness assessment;
statewide expansion program * * * B.
For purposes of the expansion program, the Cecil J.
Picard Center, in collaboration with the Department of Education and the Louisiana Department of Health, shall continue use of the physical fitness assessment instrument used for the pilot program which shall:
* * * Page 10 of 57 CODING:
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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.
* * * §100.13.
Expanded academic support * * * G.
* * * (2) Inapprovinghigh-qualitytutoringproviders,thedepartmentshallrequire the tutoring providers to:
* * * (f) Provideevidenceofimpactonstudentoutcomesdisaggregatedbystudent groups according to race, gender sex, ethnicity, economically disadvantaged students, English language learner status, disabilitystatus, and geographic location.
Tutoring providers may demonstrate impact through either adherence to the program's modeldesignbyaligningwith thecomponentsof high-dosage tutoringor byhaving evidence of positive and statistically significant gains in student learning outcomes based on a well-designed randomized controlled trialor quasi-experimental design that provides the basis for evidence of causal program impact and which is conducted by an external third-party researcher.
* * * J.
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, disabilitystatus, and geographic location.
Totheextentpossible,thedepartmentshallleverageexistingreportingprocessesand systems to reduce the reporting burden on local education agencies and public charter schools.
* * * Page 11 of 57 CODING:
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HB NO.
578 ENROLLED §221.3.
Student enrollment notification;
required schools and programs;
content * * * B.
* * * (2) Such notification shall:
* * * (d) Be a written notification of enrollment which may be a written request for a student's transcript if such transcript request occurs after the student has been accepted for enrollment, with such written request or notification containing at a minimum the student's legal name, date of birth, gender sex, and race.
* * * §416.
Discipline of students;
suspension;
expulsion * * * M.
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 economically disadvantaged status.
In reporting such data, the department shall comply with all federal and state privacy laws and shall strive to ensure that all relevant state accountabilitymetrics are valid and reliable.
* * * §416.21.
Behavior of students with exceptionalities;
use of seclusion and physical restraint * * * N.
* * * (3)(a) The state Department of Education shall maintain a database of all reported incidents of seclusion and physical restraint of students with exceptionalities and shall disaggregate the data for analysis by school;
student age, Page 12 of 57 CODING:
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HB NO.
578 ENROLLED race, ethnicity, and gender sex;
student disability, where applicable;
and any involved school employees.
(b)(i) Baseduponthedatacollected,thestateDepartmentofEducationshall annuallycompileacomprehensivereportregardingtheuseofseclusionandphysical restraint of students with exceptionalities, which shall at a minimum include the following:
(aa) The number of incidents of physical restraint disaggregated by school system;
student age,race,ethnicity,gendersex,andstudent disabilityclassification.
(bb) The number of incidents of seclusion disaggregated by school system;
student age, race, ethnicity, gender sex, and student disability classification.
* * * §1519.7.
Hospital advisory committees * * * C.
In selecting community advisory committee members, an effort shall be made to reflect the demographic diversity of the community the hospital serves including age, gender sex, race, and other relevant factors.
The board shall solicit and accept nominations from the community at large and from organizations representingcommunityinterests,includingwithoutlimitationhealthprofessionals, religious and community leaders, consumer advocates, and consumers of hospital services.
* * * §1871.
BoardofSupervisorsofCommunityandTechnicalColleges;establishment;
members;
qualifications and terms;
vacancies;
duties A.
* * * (3) The board should be representative of the state's population byrace and gender sex to ensure diversity.
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HB NO.
578 ENROLLED §1998.
Advisory councils The board, upon the recommendation of the directors of postsecondary vocational-technical schools, shall appoint an advisory council on career education for each school.
The members of all such advisorycouncils in this state shall serve without pay.
Each such council shall be limited to fifteen members and be representativeofthestate'spopulationbyraceandgendersextoensurediversityand shall be representative equally of employee, employer, and educational and public interests.
* * * §3047.7.
Reporting system;
implementation;
requirements;
applicability;
participation by eligible institutions * * * B.
The information reporting system shall include the following:
* * * (2)(a) Demographic information of award recipients, including age, race, gender sex, and household income.
* * * §3351.
General powers, duties, and functions of postsecondary education management boards * * * B.
In addition to the powers and duties vested by Subsection A of this Section and any other applicable laws, each board, as soon as practicable, shall adopt:
* * * (2) Rules and regulations which may provide for:
* * * (b) * * * (ii) Such rules and regulations may include the establishment, award, and continuance of tuition waivers to anystudent for purposes of gender sex equitywho Page 14 of 57 CODING:
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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.
The tuition waivers may be offered at any campus under the jurisdiction of each management board;
however, no management board shall issue more than an aggregate of fifty tuition waivers per campus during an academic year and not more than fiftypercent of such tuition waivers shall be issued to out-of-state residents.
* * * §3399.12.
Definitions Asusedin thisPart,thefollowingtermshavethefollowingmeanings unless the context clearly indicates otherwise:
* * * (5) "Power-based violence" means any form of interpersonal violence intendedtocontrolorintimidate anotherpersonthrough the assertion of power over the person and shall include the following:
* * * (i) Unwelcome sexual or sex- or gender-based conduct that is objectively offensive, has a discriminatoryintent, and lacks a bona fide academic purpose.
* * * §3911.
Data collection system;
establishment * * * B.(1) * * * (i) Student discipline information, in total and by unduplicated counts, disaggregated by race, ethnicity, gender, sex, English learner status, and students with exceptionalities, excluding gifted and talented, in accordance with data collection conducted pursuant to 20 U.S.C.
3413(c)(1), including but not limited to the following:
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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.
Thefollowingdata elements shall be reported for each disability classification in total as well as by unduplicated counts by race, gender, age, and sex:
* * * §3991.
Charterschools;requirements;limitations;renewal;amendment;revocation;
board membership A.(1) * * * (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, locatedinaparishwithapopulationofbetweenthreehundredtwenty-fivethousand 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.
* * * B.
Each proposed chartershall contain or make provision for the following:
* * * (3) Admissionrequirements,ifany,thatareconsistentwiththeschool'srole, scope, and mission may be established pursuant to rules promulgated by the state board.
Such admission requirementsshall bespecificandshall includea system 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 Page 16 of 57 CODING:
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HB NO.
578 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.
Program information reporting system;
implementation;
requirements;
applicability;
participation by eligible institutions and others * * * B.
The Taylor Opportunity Program for Students information reporting system shall include but not be limited to the following:
* * * (7) Demographicinformationofprogramawardrecipients,includingbutnot limited to race and gender sex.
* * * Section11.R.S.22:1204(A)(10)(b),1504(l),1545(I)(1)(introductoryparagraph)and (J), 1808.2(H), 2161(B), 2187(D)(4), and 2503(9)(b)(introductory paragraph) are hereby amended and reenacted to read as follows:
§1204.
Board of directors A.
The board of directors shall be composed of the commissioner of insuranceorhisdesignee,whoshallserveasanex officio,nonvotingmemberofthe Page 17 of 57 CODING:
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HB NO.
578 ENROLLED board, and twelve members to be selected from the groups and in the manner as follows:
* * * (10) * * * (b) Thecommissionershallmakealldiligenteffortstomakeselectionsfrom thesethreegroupsthatwillrepresentaracial,ethnic,andgendersexreflectionofthe state for the board of directors.
* * * §1504.
Use of credit information AninsurerauthorizedtodobusinessinLouisianathatusescreditinformation to underwrite or rate risks shall not:
(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.
* * * §1545.
Examination * * * I.(1) The commissioner of insurance shall prepare, publicly announce, and publish a report that summarizes statistical information relating to life insurance producerexaminationsadministeredduringtheprecedingcalendaryear.
Eachreport shall include the following information for all examinees combined and separately bygendersex, raceor ethnicity, raceorethnicitywithin gendersex,educationlevel, and native language:
* * * J.
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 Page 18 of 57 CODING:
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HB NO.
578 ENROLLED andanalyzeexaminationresultsinconjunctionwiththeeducationlevel,gendersex, native language, race, or ethnicityof examinees.
* * * §1808.2.
Examination * * * H.
Thecommissionerofinsurancemayprovideto atestingserviceprovider under contract with the Department of Insurance any demographic information receivedbythedepartmentonapplications relatingto examinations takento 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.
* * * §2161.
Powers of the commissioner;
creation of advisoryboards * * * B.
The commissioner shall appoint the members of any advisory board created pursuant to this SectionThe commissioner shall ensure that his appointments demonstraterace,gendersex,ethnic,andgeographicaldiversity.
The commissioner shall promulgate rules and regulations in accordance with the Administrative Procedure Act providing for the creation, governance, duties, and termination of any advisory board created pursuant to this Section.
* * * §2187.
Actuarial reviews of proposed healthcare legislation * * * D.
Contractorsshall provide all of the 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 Page 19 of 57 CODING:
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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.
* * * §2503.
Definitions As used in this Chapter, the following definitions apply:
* * * (9) "Nonpublic information" means electronic information that is not publicly available information and is any of the following:
* * * (b) Any information or data, except age or gender sex, in any form or medium createdbyor derived from a healthcareprovider or a consumer, that can be used to identify a particular consumer, and that relates to anyof the following:
* * * Section12.
R.S.
23:2043(B)(1)is herebyamended and reenactedto readasfollows:
§2043.
Members * * * B.(1) In making the appointments, the governor shall, as nearly as practicable, appoint members in a manner that is representativeof the population of the regions of the state and shall consider factors including but not limited to race, color, religion, gender sex, and national origin.
* * * Section 13.
R.S.
27:46(B) is hereby amended and reenacted to read as follows:
§46.
Quarterly reporting of professional services and employment information * * * B.
In addition to the report required by Subsection A of this Section, each holder of a license as defined in R.S.
27:44 shall submit to the board, the Senate Committee on Judiciary B, and the House Committee on the Administration of Criminal Justice a report of the demographic information of their workforce, including but not limited to race, gender sex, and Louisiana residency.
* * * Page 20 of 57 CODING:
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HB NO.
578 ENROLLED Section 14.
R.S.
32:398.10(A)(2) and 429.3 are hereby amended and reenacted to read as follows:
§398.10.
Collection and reporting of statistical information relating to traffic stops A.
All law enforcement officers defined as a peace officer in R.S.
40:2402 shall record and retain the following information:
* * * (2) Characteristics of race, gender sex, age, and state of residence of such persons, provided the identification of such characteristics shall be based on the observation and perception of the law enforcement officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped.
* * * §429.3.
Collection and reporting of statistical information relating to migration of residents The Department of Public Safety and Corrections, office of motor vehicles, shall collect statistical information regarding the gender sex and age of residents moving from parish to parish and residents moving into and out of Louisiana.
The office of motor vehicles shall provide a report of this information, sorted byage, by gender sex, byparish, and bystate, to the governor, the lieutenant governor, and the secretariesof each state department annuallyon or beforeJanuaryfirst of eachyear.
* * * Section 15.
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) are herebyamended and reenacted to read as follows:
§130.302.
Board of commissioners;
members;
officers;
employees A.
* * * (2) All commissioners shall be qualified voters and taxpayers within the limits of the district during their term of office and shall reside in St.
Landry Parish or within an adjoining parish.
In making appointments to the commission, the appointingauthoritiesshallmakeeveryeffortwithinthelawtoprovideforracialand Page 21 of 57 CODING:
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HB NO.
578 ENROLLED gender sex diversity among commissioners and shall make reasonable efforts to ensurethattheracialproportionoftheappointeesreflectsthesameracialproportion of St.
Landry Parish.
* * * §130.882.
Board of commissioners;
members;
officers;
employees A.
* * * (2) Each commissioner shall be a qualified voter and taxpayer within the limits of the district during his term of office and shall reside in St.
Martin Parish.
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 commissionersandshall makereasonableeffortstoensurethattheracialproportion of the appointees reflects the same racial proportion of St.
Martin Parish.
* * * §363.
Village of Palmetto in St.
Landry Parish;
authority to provide academic scholarships * * * D.
Such ordinance or resolution shall provide procedures and criteria for applicationforandawardofsuchscholarships.
Eachstudent 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 highereducation,shall have a cumulative high school or college grade point 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, a scholarship maybeawardedto astudent whose parent or legal guardian is a utilitycustomerof the village in good standing.
The village governing authority may establish additional criteria and procedures as are necessary to administer the scholarships.
In the administration of the program, no student shall Page 22 of 57 CODING:
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HB NO.
578 ENROLLED bediscriminatedagainst onthebasisofrace,color,gendersex,disability,asdefined in R.S.
51:2232, national origin, or creed.
* * * §2740.70.3.
Evangeline Economic Development Authority * * * B.
* * * (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 organizations.
The board shall be representative of the parish's population by age, race, and gender sex to ensure diversity.
* * * §4071.
Creation and organization of sewerage and water board A.
* * * (6) The appointments to the board shall reflect the racial and gender sex diversity of the population of the city of New Orleans to the extent practicable.
* * * §4720.301.
Shreveport Implementation and Redevelopment Authority * * * G.
* * * (2) The board shall be representative of the city's population by race and gender sex to ensure diversity.
* * * Section 16.
R.S.
36:108(B)(5) is herebyamended and reenacted to read as follows:
§108.
Offices;
purposes and functions * * * Page 23 of 57 CODING:
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HB NO.
578 ENROLLED B.
The office of economic development shall perform the following functions of the state:
* * * (5) The office shall provide services to small and medium-sized businesses in Louisiana, without regard to race or gender sex, and encourage and support the startup of new small businesses and the growth and retention of existing Louisiana firms.
* * * Section 17.
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)(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:
§832.
Louisiana State Board of Embalmers and Funeral Directors;
appointments;
terms of office A.
* * * (2)Theboardshallconsistofninememberstobeappointedbythegovernor, subject to Senate confirmation, as further provided in Subsection B of this Section.
Allmembersoftheboardshallserveatthepleasureofthegovernorfortermsoffour years.Thegovernorshallensurethathisappointmentsdemonstraterace,gendersex, ethnic, and geographical diversity.
* * * §914.
Louisiana State Board of Nursing;
appointment of members;
term of office;
vacancy;
officers;
compensation * * * B.
* * * (3) Thegovernorshallensurethathisappointmentsdemonstraterace,gender sex, ethnic, and geographical diversity.
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HB NO.
578 ENROLLED §962.
Louisiana State Board of Practical Nurse Examiners;
method of appointment * * * C.
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 LouisianaFederationofLicensedPractical Nurses, Inc., for 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 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.
The consumer member may apply directly to the office of the governor.
The governorshallensurethathisappointmentsdemonstraterace,gendersex,ethnic,and geographical diversity.
* * * §1042.