Struck = removed from the bill ·
added = the amendment's new text.
SCASB251 539 1727 SENATE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendmentsproposedbySenateCommitteeonJudiciaryBtoOriginalSenateBillNo.251 SENATEby BILLSenator Pressly AMENDMENT NO.
2511 BYOn SENATORSpage PRESSLY,1, ALLAIN,line BARROW,3, BASS,after BOUDREAUX,"through" JACKSON-change ANDREWS,"3090," SELDERS AND WHEAT AN ACT To enact Part B of Chapter 51 of Title 51 of the Louisiana Revised Statutes of 1950, to be"3089," comprisedAMENDMENT ofNO. R.S.
51:30812 throughOn 3089,page and1, line 13, after "through" change "3090," to designate"3089," R.S.AMENDMENT NO.
51:30713 throughOn 3080page as2, Partline A2, ofafter Chapter"purpose 51 of Titlethis" 51change of"Chapter" the Louisiana Revised Statutes of 1950, relative to critical"Part" infrastructureprotection;AMENDMENT NO.
to4 provideOn forpage critical2, infrastructurethatbetween needslines protection6 fromand foreign7, adversariesinsert accessingthe statefollowing: critical infrastructure;
to"§3083. provide for assessing the state's vulnerability to sanctioned communications equipment;
toRule prohibitof useconstruction ofThis adversaryPart camerasshall andbe laserconstrued sensorand technologiesapplied in Louisianatransportationsystems;toprovideenforcementofprotectedactivities;anda manner consistent with federal law and shall not be interpreted or enforced to provideprohibit, forrestrict, relatedcondition, matters.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.
Be5 itOn enactedpage by2, theline Legislature7, ofchange Louisiana:"§3083." to "§3084." AMENDMENT NO.
Section1.PartBofChapter51ofTitle51oftheLouisianaRevisedStatutesof1950,6 comprisedOnpage3,line5,after"completed"deletetheremainderoftheline,deleteline6,andinsert ofa R.S.period "." AMENDMENT NO.
51:30817 throughOn 3089,page is3, herebyline enacted9, after "Foreign" change "Principal" to read"principal" asAMENDMENT follows:NO.
PART8 B.On page 3, line 16, after "such entity," insert "that is" AMENDMENT NO.
CRITICAL9 INFRASTRUCTUREOn PROTECTIONpage §3081.3, delete lines 17 and 18, and insert the following:
Title"controlled, Thisdirectly Partor shallindirectly, beby knownpersons andor mayentities beof citeda asforeign adversary through the "Louisianaownership Criticalof Infrastructurea Protectionmajority Actvoting interest or the power to direct management or policies of 2026".the entity.
§3082.Ownership shall not include passive ownership ofpublicly tradedsecuritiesthatdoes not conferthepowertodirect or influence management or operations." AMENDMENT NO.
Purpose10 TheOn purposepage of3, thisbetween Partlines is26 toand protect27, thisinsert state'sthe criticalfollowing: infrastructure by prohibiting foreign adversaries from accessing state critical infrastructure, byassessingthisstate'svulnerabilitytosanctionedcommunicationsequipment, Page 1 of 7 Coding:
Words"(8) which"Operational arecommand struckauthority" throughshall aremean deletionsthe fromauthority existingto law;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.
words11 inOn boldfacepage type3, andat underscoredthe arebeginning additions.of line 27, change "(8)" to "(9)" AMENDMENT NO.
SB12 On page 4, line 3, change "§3084." to "§3085." AMENDMENT NO.
25113 ENROLLEDOn andpage by4, prohibitingat the usebeginning of adversaryline cameras9, delete "access or control" and laserinsert sensor"exercise technologiesoperational incommand thisauthority state'sover" transportationAMENDMENT systems.NO.
§3083.14 On page 4, line 14, after "remotely" delete "access or control" and insert "exercise operational command authority over" AMENDMENT NO.
Rule15 ofOn constructionpage This4, Partdelete shalllines be22 construed and applied23 inAMENDMENT aNO. 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.
§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.
Definitions17 TheOn followingpage definitions4, applybetween inlines this25 Partand unless26, insert the contextfollowing: indicates otherwise:
(1)"D. "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;
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 nonprofitlicense, organization.authorization, approval, exemption, or determinationissuedbytheUnitedStatesgovernment,includingbutnotlimited to licenses or approvals issued by the U.S.
(2)"Criticalinfrastructure"meanssystemsandassets,whetherphysicalDepartment or virtual, so vital to this state or the United States of AmericaHomeland thatSecurity, theU.S. 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.
ADepartment criticalof infrastructurethe mayTreasury, be publicly or privatelyU.S. owned, and includes but is not limited to any of the following:
(a)Department Gasof andCommerce." oilAMENDMENT production,NO. storage, or delivery systems.
(b)18 WaterOn supply,page refinement,4, storage,delete orlines delivery26 systems.through 29, and delete pages 5 and 6 AMENDMENT NO.
(c)19 TelecommunicationsOn networks.page 7, at the beginning of line 1, change "§3087." to "§3086." AMENDMENT NO.
(d)20 ElectricalOn powerpage delivery7, systems.line 3, after "Louisiana shall" delete "henceforth" AMENDMENT NO.
(e)21 EmergencyOn services.page 7, line 10, after "R.S.
(f)51:3086(A) Transportationor systems(B)" and services.before the period "." insert the following:
(g)"unlessthesoftwarewaslawfullyinstalledpriortoAugust1,2026,andremains Personalcompliant datawith orapplicable otherwisefederal classifiedlaw" informationAMENDMENT storageNO. systems, Page 2 of 7 Coding:
Words22 whichOn arepage struck7, delete lines 17 through are29, deletionsand fromon existingpage law;8, delete lines 1 through 6 AMENDMENT NO.
words23 inOn boldfacepage type8, between lines 6 and underscored7, areinsert additions.the following:
SB"§3087. NO.
251Telecommunications ENROLLEDproviders includingin cybersecurity.compliance with federal law.
(3)Nothing "Cybersecurity"in meansthis thePart measuresshall takenapply to protectany aprovider computer,of computernetwork,computersystem,orothertechnologyinfrastructureagainstan unauthorizedinteractive usecomputer orservice, access.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.
(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.
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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 (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.
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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.
153,153,nortoanyemployee,agent,orcontractoractingonbehalfofsuchprovider, nor to anythe employee,extent agent,such orprovider contractoris actingin oncompliance behalfwith ofthe suchSecure provider,and toTrusted theCommunications extent thattheproviderisincompliancewiththeSecureandTrustedCommunications Networks Act of 2019,2019. 47 U.S.C.
1601, et seq.
Electric utilities in compliance with federal lawlaw. 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.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"A.Subjecttoappropriation,theForeignAdversaryFraudOffice(FAFO)shall proceedingsbe Thecreated attorneywithin" generalAMENDMENT mayNO. 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.
51:140125 etOn seq.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.
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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:
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.