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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 149
BY SENATOR PERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FEES/LICENSES/PERMITS. Provides for online certification of certain electronic records.
(8/1/13)
AN ACT1
To enact R.S. 9:2621, relative to the Louisiana Uniform Electronic Transactions Act; to2
provide for an online certification; to provide terms, conditions and requirements;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:2621 is hereby enacted to read as follows: 6
ยง2621. Certification of electronic records7
A. Notwithstanding any provision of the law to the contrary, when a8
governmental agency offers online applications through an internet interface9
for any license or permit, and the particular law for such license or permit10
requires a sworn application for such license or permit, the governmental11
agency may accept an online certification from the applicant in lieu of the sworn12
application.13
B. The online certification shall require the applicant to certify that all14
of the information and documentation the applicant submits via the online15
application through an internet interface shall be true and correct, and that the16
applicant has not used a false or fictitious name in such application, and that the17 SB NO. 149
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
applicant has not knowingly made a false statement or has not knowingly1
concealed any material fact or otherwise committed any fraud in any such2
application for a license or permit.3
C. A governmental agency that elects to accept online applications4
through an internet interface, and thus accepting an online certification in lieu5
of a sworn application, shall promulgate such rules and regulations in6
accordance with R.S. 9:2619 and the Administrative Procedure Act as are7
necessary to implement such online certification.8
D. The acceptance of an online application with the certification9
authorized by this Section, in lieu of the sworn application otherwise required10
by law, shall not result in, or create any liability on the part of the state or the11
governmental agency.12
The original instrument was prepared by J. W. Wiley. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Julie J. Baxter.
DIGEST
Perry (SB 149)
Proposed law provides when a governmental agency offers online applications through an
internet interface for any license or permit, and the particular law for such license or permit
requires a sworn application for such license or permit, the governmental agency may accept
an online certification from the applicant in lieu of the sworn application.
Proposed law provides that the online certification must require the applicant to certify that
all of the information and documentation the applicant submits via the online application
through an internet interface must be true and correct, and that the applicant has not used a
false or fictitious name in such application, and that the applicant has not knowingly made
a false statement or has not knowingly concealed any material fact or otherwise committed
any fraud in any such application for a license or permit.
Proposed law provides that a governmental agency that elects to accept online applications
through an internet interface, and thus accepting an online certification in lieu of a sworn
application, shall promulgate such rules and regulations, in accordance with R.S. 9:2619 and
the APA, as are necessary to implement such online certification.
Proposed law provides that the acceptance of an online application with the certification, in
lieu of the sworn application otherwise required by law, shall not result in, or create any
liability on the part of the state or the governmental agency.
Effective August 1, 2013.
(Adds R.S. 9:2621) SB NO. 149
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Adds reference to R.S. 9:2619, which recognizes that the commissioner of
administration may seek consistency among governmental agency rules
regarding online certification procedures.