Amendment vs bill Senate Committee Amendment, #1191, JUDB, Draft vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
SCASB251 539 1191 SENATE COMMITTEE AMENDMENTS Regular Session AmendmentsproposedbySenateCommitteeonJudiciaryBtoOriginalSenateBillNo.251 by Senator Pressly AMENDMENT NO.
251 BY SENATORS PRESSLY, ALLAIN, BARROW, BASS, BOUDREAUX, JACKSON- ANDREWS, SELDERS AND WHEAT AN ACT To enact Part B of Chapter 51 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
1 On page 1, line 3, after "through" change "3090" to "3089" AMENDMENT NO.
51:3081 through 3089, and to designate R.S.
2 On page 1, line 13, after "through" change "3090" to "3089" AMENDMENT NO.
51:3071 through 3080 as Part A of Chapter 51 of Title 51 of the Louisiana Revised Statutes of 1950, relative to critical infrastructureprotection;
3 On page 2, line 2, after "purpose of this" change "Chapter" to "Part" AMENDMENT NO.
to provide for critical infrastructurethat needs protection from foreign adversaries accessing state critical infrastructure;
4 On page 2, between lines 6 and 7, insert the following:
to provide for assessing the state's vulnerability to sanctioned communications equipment;
"§3083.
to prohibit use of adversary cameras and laser sensor technologies in Louisianatransportationsystems;toprovideenforcementofprotectedactivities;and to provide for related matters.
Rule of construction This Part shall be construed and applied in a manner consistent with federal law and shall not be interpreted or enforced to prohibit, restrict, condition, or delay any transaction, agreement, activity, technology, software, service, or access that has been authorized, approved, licensed, exempted, or otherwise permitted by the United States government." AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
5 On page 2, line 7, change "§3083." to "§3084." AMENDMENT NO.
Section1.PartBofChapter51ofTitle51oftheLouisianaRevisedStatutesof1950, comprised of R.S.
6 Onpage3,line5,after"completed"deletetheremainderoftheline,deleteline6,andinsert a period "." AMENDMENT NO.
51:3081 through 3089, is hereby enacted to read as follows:
7 On page 3, line 9, after "Foreign" change "Principal" to "principal" AMENDMENT NO.
PART B.
8 On page 3, between lines 26 and 27, insert the following:
CRITICAL INFRASTRUCTURE PROTECTION §3081.
"(8) "Operational command authority" shall mean the authority to direct, control, or make real time operational decisions affecting the physical functioning, safety, or emergency response of critical infrastructure." AMENDMENT NO.
Title This Part shall be known and may be cited as the "Louisiana Critical Infrastructure Protection Act of 2026".
9 On page 3, at the beginning of line 27, change "(8)" to "(9)" AMENDMENT NO.
§3082.
10 On page 4, line 3, change "§3084." to "§3085." AMENDMENT NO.
Purpose The purpose of this Part is to protect this state's critical infrastructure by prohibiting foreign adversaries from accessing state critical infrastructure, byassessingthisstate'svulnerabilitytosanctionedcommunicationsequipment, Page 1 of 7 Coding:
11 On page 4, at the beginning of line 9, delete "access or control" and insert "exercise operational command authority over" AMENDMENT NO.
Words which are struck through are deletions from existing law;
12 On page 4, line 14, after "remotely" delete "access or control" and insert "exercise operational command authority over" AMENDMENT NO.
words in boldface type and underscored are additions.
13 On page 4, line 22, after"pre-approvedby"delete the remainderof the line, delete line 23, and insert "the office." Page 1 of 3 SCASB251 539 1191 AMENDMENT NO.
SB NO.
14 On page 4, line 24, after "entering into" change "such a" to "the" AMENDMENT NO.
251 ENROLLED and by prohibiting the use of adversary cameras and laser sensor technologies in this state's transportation systems.
15 On page 4, between lines 25 and 26, insert the following:
§3083.
"D.
Rule of construction This Part shall be construed and applied in a manner consistent with federal law and shall not be interpreted or enforced to prohibit, restrict, condition, or delay any transaction, agreement, activity, technology, software, service, or access that has been specifically authorized, approved, licensed, exempted, or otherwise permitted by the United States government.
Nothing in this Part shall apply to any transaction, agreement, activity, technology, software, service, or access that is conducted pursuant to and in compliance with a license, authorization, approval, exemption, or determinationissuedbytheUnitedStatesgovernment,includingbutnotlimited to licenses or approvals issued by the U.S.
§3084.
Department of Homeland Security, U.S.
Definitions The following definitions apply in this Part unless the context indicates otherwise:
Department of the Treasury, or U.S.
(1) "Company" means a for-profit sole proprietorship, organization, association,corporation,partnership,jointventure,limitedpartnership,limited liability partnership, or limited liability company, including a wholly owned subsidiary or majority-owned subsidiary of those entities or business associations that exist to make a profit;
Department of Commerce." AMENDMENT NO.
or a nonprofit organization.
16 On page 4, delete lines 26 through 29, and delete pages 5 and 6 AMENDMENT NO.
(2)"Criticalinfrastructure"meanssystemsandassets,whetherphysical or virtual, so vital to this state or the United States of America that the incapacity or destruction of those systems and assets would have a debilitating impact on state or national security, state or national economic security, state or national public health, or any combination of those matters.
17 On page 7, at the beginning of line 1, change "§3087." to "§3086." AMENDMENT NO.
A critical infrastructure may be publicly or privately owned, and includes but is not limited to any of the following:
18 On page 7, line 3, after "Louisiana shall" delete "henceforth" AMENDMENT NO.
(a) Gas and oil production, storage, or delivery systems.
19 On page 7, line 10, after "R.S.
(b) Water supply, refinement, storage, or delivery systems.
51:3086(A) or (B)" and before the period "." insert the following:
(c) Telecommunications networks.
"unless thesoftwarewas lawfully installed priortotheeffectivedateof this Act and remains compliant with applicable federal law" AMENDMENT NO.
(d) Electrical power delivery systems.
20 On page 7, at the beginning of line 17, change "§3088." to "§3087" AMENDMENT NO.
(e) Emergency services.
21 On page 7, line 20, after "technologies" delete the remainder of the line, delete lines 21 through 23, and insert the following:
(f) Transportation systems and services.
"that appear on a list created by the office." AMENDMENT NO.
(g) Personal data or otherwise classified information storage systems, Page 2 of 7 Coding:
22 On page 7, line 24, after "2026," delete the remainder of the line, delete line 25, and insert the following:
Words which are struck through are deletions from existing law;
"the office shall create a public listing of all" AMENDMENT NO.
words in boldface type and underscored are additions.
23 On page 7, line 28, after "listed." delete the remainder of the line, delete line 29, on page 8, delete lines 1 through 6, and insert the following:
SB NO.
"This listing shall include technologies and companies covered by the U.
251 ENROLLED including cybersecurity.
S.
(3) "Cybersecurity" means the measures taken to protect a computer, computernetwork,computersystem,orothertechnologyinfrastructureagainst unauthorized use or access.
Department of Commerce's Entity List, the Federal Communications Commission's Covered List, and the U.S.
(4) "Domicile" means either the country in which a company is registered or where the company's affairs are primarily completed.
Department of Defense's Section 1260H List.
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(5) "Foreign adversary" means those countries listed in 15 CFR 791.4.
Additional technologies may be included if they are certified to be a security risk by a federal or state-level cybersecurity authority." AMENDMENT NO.
(6) "Foreign principal" means any of the following entities:
24 On page 8, between lines 6 and 7, insert the following:
(a) The government or any official of the government of a foreign adversary.
"§3088.
(b)Apoliticalpartyormemberofapoliticalpartyorany subdivision of a political party of a foreign adversary.
Telecommunications providers in compliance with federal law.
(c) A partnership, association, corporation, organization, or other combinationofpersonsorganizedunderthelawsoforhavingitsprincipalplace of business in a foreign adversary, or a subsidiary of such entity, that is owned orcontrolled,directlyorindirectly,bypersonsorentitiesofaforeignadversary through the ownership of a majority voting interest or the power to direct management or policies of the entity.
The list of prohibited equipment created under this Act shall not apply to telecommunications services or information services compliant with the Secure and Trusted Communications Networks Act of 2019 except insofar as the Governor's Office of Homeland Security and Emergency Preparedness Page 2 of 3 SCASB251 539 1191 receives certification from the Federal Communications Commission that information and communications equipment proposed to be added to the list presents a security risk." AMENDMENT NO.
Ownership shall not include passive ownership of publicly tradedsecuritiesthatdoes not conferthepowertodirect or influence management or operations.
25 On page 8, delete line 8 and insert the following:
(d)AnypersonwhoisnotanentitydescribedinSubparagraph(c)ofthis Paragraph, who is domiciled in a foreign adversary, and is not a citizen or lawful permanent resident of the United States or otherwise permitted by law to perform work on critical infrastructure in the United States.
"Subject to appropriation, the Foreign Adversary Fraud Office (FAFO) shall be created within" AMENDMENT NO.
(e) Any person, entity, or collection of persons or entities, described in Subparagraphs (a) through (d) of this Paragraph having a controlling interest inapartnership,association,corporation,organization,trust,oranyotherlegal entity or subsidiary formed for the purpose of owning real property.
26 On page 8, line 22, after "A." change "The" to "Subject to appropriation, the" AMENDMENT NO.
(7) "Office" means the Governor's Office of Homeland Security and Emergency Preparedness.
27 On page 8, at the beginning of line 23, change "is hereby" to "shall be" AMENDMENT NO.
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28 On page 8, line 25, after "from state" delete the remainder of the line, delete line 26, and insert the following:
Words which are struck through are deletions from existing law;
"owned and state operated systems only." AMENDMENT NO.
words in boldface type and underscored are additions.
29 On page 8, line 27, after "B." delete the remainder of the line and insert "Subject to appropriation, the office" AMENDMENT NO.
SB NO.
30 On page 8, at the beginning of line 28, delete "Preparedness" Page 3 of 3
251 ENROLLED (8) "Operational command authority" means the authority to direct, control, or make real-time operational decisions affecting the physical functioning, safety, or emergency response of critical infrastructure.
(9) "Significant access" means access that enables the holder to alter physicaloperations,safetysystems,oremergencyresponsefunctionsofcritical infrastructure.
(10) "Software" means any program or routine, or any set of one or more programs or routines, which are used or intended for use to cause one or more computers or pieces of computer-related peripheral equipment, or any combination thereof, to perform a task or set of tasks, as it relates to state infrastructure, or any operational software.
§3085.
Prohibited access to critical infrastructure A.
A company or other entity constructing, repairing, operating, or otherwisehavingsignificantaccesstocriticalinfrastructuremaynotknowingly enter into an agreement relating to critical infrastructure in this state with a foreign principal from a foreign adversary if the agreement would allow the foreign principal from a foreign adversary to directly or remotely exercise operational command authority over critical infrastructure in this state.
B.
A governmental entity may not knowingly enter into a contract or other agreement relating to critical infrastructure in this state with a company that is a foreign principal from a foreign adversary if the agreement would allow the foreign principal from a foreign adversary to directly or remotely exercise operational command authority over critical infrastructure in this state.
C.NotwithstandingtheprovisionsinSubsectionsAandBofthisSection, an entity or governmental entity may enter into a contract or agreement relating to critical infrastructure with a foreign principal from a foreign adversary country if all of the following apply:
(1)Thereis no otherreasonableoption for addressing theneedrelevant to state critical infrastructure.
Page 4 of 7 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
251 ENROLLED (2) Not entering into the contract or agreement would pose a greater threat to the state than the threat associated with entering into the contract.
D.(1) Nothing in this Part shall apply to any transaction, agreement, activity, technology, software, service, or access that is conducted pursuant to and in compliance with a specific license or authorization issued by the United Statesgovernment,includingbutnotlimitedtolicensesorauthorizationsissued by the United States Department of Homeland Security, United States Department of the Treasury, or United States Department of Commerce, or where such activities were previously conducted pursuant to a license or authorization that is no longer required due to the lifting, modification, removals,orexpirationofapplicableUnitedStatessanctions,executiveorders, regulations, or statutes.
(2) Intra-company shared services that do not involve a foreign adversary company do not constitute agreements with a foreign principal so long as ownership and operational command authority remain with a parent company domiciled in the United States.
§3086.
Prohibitions on certain software in critical infrastructure A.
All software providing operational command authority over critical infrastructure shall not include any software produced by a company headquartered in and subject to the laws of a foreign adversary, or a company under the direction or control of a foreign adversary.
B.Allsoftwareusedinstateinfrastructureinoperationwithinorserving thisstate,includinganystateinfrastructurewhichisnotpermanentlydisabled, shall have all software prohibited pursuant to the provisions of this Section removed and replaced with software which is not prohibited pursuant to the provisions of this Section unless that software was lawfully installed prior to August 1, 2026, and remains compliant with applicable federal law.
C.
Any state infrastructure provider that removes, discontinues, or replacesanyprohibitedsoftwareshall not berequiredtoobtain any additional permits from any state agency or political subdivision for the removal, Page 5 of 7 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
251 ENROLLED discontinuance, or replacement of such software as long as the state agency or political subdivision is properly notified of the necessary replacements and the replacement software is similar to the existing software.
§3087.
Telecommunications providers in compliance with federal law Nothing in this Part applies to any provider of an interactive computer service, as defined in 47 U.S.C.
230, or any provider of a telecommunications service or an information service, as defined in 47 U.S.C.
153, nor to any employee, agent, or contractor acting on behalf of such provider, to the extent thattheproviderisincompliancewiththeSecureandTrustedCommunications Networks Act of 2019, 47 U.S.C.
1601, et seq.
§3088.
Electric utilities in compliance with federal law Nothing in this Partapplies toany member-owned electriccooperatives or investor-owned utilities subject to the North American Electric Reliability Corporation, NERC, Reliability Standards, or to any member-owned electric cooperativesorinvestor-owned utilityassetssubjecttothe Nuclear Regulatory Commission, NRC.
§3089.
Enforcement;
civil proceedings The attorney general may institute civil proceedings to enforce the provisions of this Part, including but not limited to actions against a foreign adversary company or any other vendor, provider, distributor, or relabeler or white-labeler of a foreign adversary technology for violations of the Unfair Trade Practices and Consumer Protection Law, R.S.
51:1401 et seq.
Section 2.
The Louisiana State Law Institute is hereby directed to designate the provisionsofR.S.51:3071through3080asPartAofChapter51ofTitle51oftheLouisiana Revised Statutes of 1950 to be entitled, "PART A.
DATABASE SECURITY BREACH NOTIFICATION".
Section3.ItistheintentofthislegislaturethatVenezuelanotbeconsideredaforeign adversaryunless and until a new determination is made bythe United States Department of Commerce to designate the successor regime to the Venezuelan politician Nicolas Maduro to be a foreign adversary to the United States.
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
251 ENROLLED Section 4.
(A) The provisions of R.S.
51:3089 as enacted by Section 1 of this Act shall become effective on November 29, 2026.
(B) Sections 2, 3, and this Section of this Act shall become effective on August 1, 2026.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 7 of 7 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.