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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2012
SENATE BILL NO. 595
BY SENATOR CROWE
PUBLIC RECORDS. Creates the "Business Identity Theft Prevention Act". (gov sig)
AN ACT1
To enact R.S. 12:2.1 and R.S. 44:4(45) and 4.1(B)(37), relative to access of certain public2
records; to provide for the "Business Identity Theft Prevention Act"; to make3
confidential certain electronic mail addresses; to provide for notifications; to provide4
relative to the duties of the secretary of state; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 12:2.1 is hereby enacted to read as follows: 7
§2.1. Business identity theft prevention8
A. The purpose of this Section is to protect a business from identity theft9
and to notify any person who is an officer of a corporation, member or manager10
of a limited liability company, or partner in partnership, or any agent thereof,11
that the person's name has been removed from the documents and records of12
the secretary of state pursuant to a filing of business records by another13
individual purporting to have the authority to remove the officer, member,14
manager, or partner from the documents and records of the secretary of state.15
B. Pursuant to the purposes set forth in Subsection A of this Section, any16
electronic mail addresses given to, or captured by, the secretary of state17 SB NO. 595
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
pursuant to electronic filings made by businesses as provided for in R.S. 12:21
shall be confidential.2
C. This Section shall be known as the "Business Identity Theft3
Prevention Act".4
Section 2. R.S. 44:4(45) and 4.1(B)(37) are hereby enacted to read as follows:5
§4. Applicability6
This Chapter shall not apply:7
* * *8
(45) To electronic mail addresses given to, or captured by, the secretary9
of state in conjunction with filings made pursuant to R.S. 12:2 and declared to10
be confidential in R.S. 12:2.1.11
§4.1. Exceptions12
* * *13
B. The legislature further recognizes that there exist exceptions, exemptions,14
and limitations to the laws pertaining to public records throughout the revised15
statutes and codes of this state. Therefore, the following exceptions, exemptions, and16
limitations are hereby continued in effect by incorporation into this Chapter by17
citation:18
* * *19
(37) R.S. 12:2.120
* * *21
Section 3. This Act shall become effective upon signature by the governor22
or, if not signed by the governor, upon expiration of the time for bills to become law23
without signature by the governor, as provided by Article III, Section 18 of the24
Constitution of Louisiana. If vetoed by the governor and subsequently approved by25
the legislature, this Act shall become effective on the day following such approval.26 SB NO. 595
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Lauren Bailey.
DIGEST
Present law provides that the secretary of state may accept any filing for corporations,
limited liability companies, partnership agreements, and other documentation by electronic
or facsimile transmission.
Proposed law retains present law but in order to protect a business from identity theft, any
electronic mail addresses given to, or captured by, the secretary of state pursuant to
electronic filings made by businesses are to be kept confidential.
Proposed law provides that an additional purpose for retaining the email addresses as
confidential is to notify those persons whose name has been removed by another individual
purporting to have authority to remove the person from the records of the secretary of state.
Proposed law provides that proposed law shall be known as the "Business Identity Theft
Prevention Act".
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 12:2.1 and R.S. 44:4(45) and 4.1(B)(37))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill.
1. Provides that an additional purpose for retaining the email addresses as
confidential is to notify those persons whose name has been removed by
another individual purporting to have authority to remove the person from
the records of the secretary of state.