Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB149 Comm Sub / Analysis

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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
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 shall 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. Provides an exception from the
proposed law requirement for use by a governmental agency of any online certification
provisions included in a nationwide online licensing or registration system.
Proposed law provides that a governmental agency that elects to accept online applications
through an internet interface, and thus accept an online certification in lieu of a sworn
application, shall promulgate such rules and regulations 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 upon signature of the governor or lack of gubernatorial action.
(Adds R.S. 9:2621)
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. 
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the engrossed bill.
1. Added exception for governmental agencies using certain online certification
provisions.
2. Added effective date upon signature of the governor.