Amendment vs bill Senate Committee Amendment, #1727, JUDB, Draft vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
SCASB251 539 1727 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, line 16, after "such entity," insert "that is" AMENDMENT NO.
CRITICAL INFRASTRUCTURE PROTECTION §3081.
9 On page 3, delete lines 17 and 18, and insert the following:
Title This Part shall be known and may be cited as the "Louisiana Critical Infrastructure Protection Act of 2026".
"controlled, directly or indirectly, by persons or entities of a foreign adversary through the ownership of a majority voting interest or the power to direct management or policies of the entity.
§3082.
Ownership shall not include passive ownership ofpublicly tradedsecuritiesthatdoes not conferthepowertodirect or influence management or operations." 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:
10 On page 3, between lines 26 and 27, insert the following:
Words which are struck through are deletions from existing law;
"(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." Page 1 of 3 SCASB251 539 1727 AMENDMENT NO.
words in boldface type and underscored are additions.
11 On page 3, at the beginning of line 27, change "(8)" to "(9)" AMENDMENT NO.
SB NO.
12 On page 4, line 3, change "§3084." to "§3085." AMENDMENT NO.
251 ENROLLED and by prohibiting the use of adversary cameras and laser sensor technologies in this state's transportation systems.
13 On page 4, at the beginning of line 9, delete "access or control" and insert "exercise operational command authority over" AMENDMENT NO.
§3083.
14 On page 4, line 14, after "remotely" delete "access or control" and insert "exercise operational command authority over" AMENDMENT NO.
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.
15 On page 4, delete lines 22 and 23 AMENDMENT NO.
§3084.
16 On page 4, at the beginning of line 24, change "(3) Not entering into such a" to "(2) Not entering into the" AMENDMENT NO.
Definitions The following definitions apply in this Part unless the context indicates otherwise:
17 On page 4, between lines 25 and 26, insert the following:
(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;
"D.
or a nonprofit organization.
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.
(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.
Department of Homeland Security, U.S.
A critical infrastructure may be publicly or privately owned, and includes but is not limited to any of the following:
Department of the Treasury, or U.S.
(a) Gas and oil production, storage, or delivery systems.
Department of Commerce." AMENDMENT NO.
(b) Water supply, refinement, storage, or delivery systems.
18 On page 4, delete lines 26 through 29, and delete pages 5 and 6 AMENDMENT NO.
(c) Telecommunications networks.
19 On page 7, at the beginning of line 1, change "§3087." to "§3086." AMENDMENT NO.
(d) Electrical power delivery systems.
20 On page 7, line 3, after "Louisiana shall" delete "henceforth" AMENDMENT NO.
(e) Emergency services.
21 On page 7, line 10, after "R.S.
(f) Transportation systems and services.
51:3086(A) or (B)" and before the period "." insert the following:
(g) Personal data or otherwise classified information storage systems, Page 2 of 7 Coding:
"unlessthesoftwarewaslawfullyinstalledpriortoAugust1,2026,andremains compliant with applicable federal law" AMENDMENT NO.
Words which are struck through are deletions from existing law;
22 On page 7, delete lines 17 through 29, and on page 8, delete lines 1 through 6 AMENDMENT NO.
words in boldface type and underscored are additions.
23 On page 8, between lines 6 and 7, insert the following:
SB NO.
"§3087.
251 ENROLLED including cybersecurity.
Telecommunications providers in compliance with federal law.
(3) "Cybersecurity" means the measures taken to protect a computer, computernetwork,computersystem,orothertechnologyinfrastructureagainst unauthorized use or access.
Nothing in this Part shall apply to any provider of an interactive computer service, as defined in 47 U.S.C.
(4) "Domicile" means either the country in which a company is registered or where the company's affairs are primarily completed.
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(5) "Foreign adversary" means those countries listed in 15 CFR 791.4.
(6) "Foreign principal" means any of the following entities:
(a) The government or any official of the government of a foreign adversary.
(b)Apoliticalpartyormemberofapoliticalpartyorany subdivision of a political party of a foreign adversary.
(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.
Ownership shall not include passive ownership of publicly tradedsecuritiesthatdoes not conferthepowertodirect or influence management or operations.
(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.
(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.
(7) "Office" means the Governor's Office of Homeland Security and Emergency Preparedness.
Page 3 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 (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.
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.
153,nortoanyemployee,agent,orcontractoractingonbehalfofsuchprovider, to the extent such provider is in compliance with the Secure and Trusted Communications Networks Act of 2019.
1601, et seq.
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.
Electric utilities in compliance with federal law.
§3089.
Page 2 of 3 SCASB251 539 1727 NothinginthisPartshallapplytoanyinvestorownedutilitiessubjectto the North American Electric Reliability Corporation (NERC) Reliability Standards, or to any investor owned utility assets subject to the Nuclear Regulatory Commission (NRC)" AMENDMENT NO.
Enforcement;
24 On page 8, delete line 8 and insert the following:
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.
"A.Subjecttoappropriation,theForeignAdversaryFraudOffice(FAFO)shall be created within" AMENDMENT NO.
51:1401 et seq.
25 On page 8, delete lines 21 through 29, and on page 9, delete lines 1 through 4 Page 3 of 3
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.
Page 6 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 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.