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Regular Session, 2014
HOUSE BILL NO. 305
BY REPRESENTATIVES HOFFMANN, ANDERS, BURFORD, HENRY BURNS, TIM
BURNS, CARMODY, CHAMPAGNE, CHANEY, CONNICK, COX, CROMER,
DOVE, GAROFALO, GUINN, HARRIS, HARRISON, HENRY, HENSGENS,
HILL, HODGES, HOWARD, IVEY, KLECKLEY, LEBAS, LOPINTO, LORUSSO,
JAY MORRIS, ORTEGO, POPE, PYLANT, REYNOLDS, SEABAUGH, ST.
GERMAIN, STOKES, WHITNEY, AND WILLMOTT
ABORTION: Prohibits providers of elective abortions and their affiliates from delivering
certain instruction or materials in schools
AN ACT1
To enact R.S. 40:1299.35, relative to restriction of certain activities by employees and2
representatives of abortion providers and of affiliates of abortion providers; to3
prohibit employees and representatives of abortion providers or affiliates thereof4
from delivering instruction in certain schools; to prohibit such persons from5
providing materials or media for distribution in certain schools; to provide for6
exceptions; to provide for penalties; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1299.35 is hereby enacted to read as follows: 9
ยง1299.35. Instruction in elementary and secondary schools by abortion providers;10
prohibition11
A. No employee of or representative acting on behalf of an organization,12
individual, or any other entity that performs elective abortion as defined in R.S.13
40:1299.35.1, or of an affiliate as defined in Subsection B of this Section, shall14
engage in any of the following activities:15
(1) Presenting or otherwise delivering any instruction or program on any16
health topic, including but not limited to human sexuality or family planning, to17 HLS 14RS-872 REENGROSSED
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students at a public elementary or secondary school, or at a charter school that1
receives state funding.2
(2) Knowingly providing any materials or media regarding human sexuality3
or family planning for distribution or viewing at a public elementary or secondary4
school, or at a charter school that receives state funding, regardless of the topic or5
viewpoint of such materials or media, if the materials or media are created by or bear6
the identifying mark of an organization, individual, or any other entity, or of an7
affiliate of any such organization, individual, or entity, that performs elective8
abortion as defined in R.S. 40:1299.35.1.9
B. For purposes of this Section, "affiliate" means an organization, individual,10
or any other entity that has a legal relationship with another organization, individual,11
or any other entity, and such relationship is created or governed by at least one12
written instrument that demonstrates one or more of the following:13
(1) Common ownership, management, or control.14
(2) The existence of a franchise.15
(3) The granting or extension of a license or other agreement that authorizes16
common use of a brand name, trademark, service mark, or other registered17
identification mark.18
C. The provisions of this Section shall not apply to any hospital licensed in19
accordance with the Hospital Licensing Law, R.S. 40:2100 et seq.20
D. Any abortion provider or affiliate of an abortion provider whose21
employee or representative acts in violation of this Section shall be subject to22
imposition of a monetary penalty established by rule by the Department of Health23
and Hospitals, and the department shall consider such violation in any action24
regarding license issuance taken in accordance with R.S. 40:2175.6.25
Section 2. If any provision or item of this Act, or the application thereof, is held26
invalid, such invalidity shall not affect other provisions, items, or applications of the Act27
which can be given effect without the invalid provision, item, or application. To this end,28
and in accordance with R.S. 24:175, the provisions of this Act are hereby declared severable.29 HLS 14RS-872 REENGROSSED
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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)]
Hoffmann HB No. 305
Abstract: Prohibits employees of and representatives acting on behalf of abortion
providers, and of affiliates of such providers, from delivering instruction or materials
on any health topic, including but not limited to human sexuality or family planning,
in public elementary or secondary schools or in charter schools receiving state
funding.
Proposed law prohibits employees of and representatives acting on behalf of organizations
that perform elective abortions, and employees and representatives of affiliates of such
organizations, from engaging in any of the following activities:
(1)Presenting or otherwise delivering any instruction or program on any health topic,
including but not limited to human sexuality or family planning, to students at a
public elementary or secondary school, or at a charter school that receives state
funding.
(2)Providing any materials or media regarding human sexuality or family planning for
distribution or viewing at a public elementary or secondary school, or of a charter
school that receives state funding, regardless of the topic or viewpoint of such
materials or media, if the materials or media are created by or bear the identifying
mark of an abortion provider or its affiliate.
Proposed law provides that for purposes of proposed law, "affiliate" means an organization,
individual, or any other entity that has a legal relationship with another organization,
individual, or any other entity, and such relationship is created or governed by at least one
written instrument that demonstrates one or more of the following:
(1)Common ownership, management, or control.
(2)The existence of a franchise.
(3)The granting or extension of a license or other agreement that authorizes the affiliate
to use a common brand name, trademark, service mark, or other registered
identification mark.
Proposed law stipulates that the provisions of proposed law shall not apply to any hospital
licensed in accordance with present law.
Proposed law provides that any abortion provider or affiliate of an abortion provider whose
employee or representative violates proposed law shall be subject to imposition of a
monetary penalty established by rule by DHH. Requires DHH to consider such violation in
any action relative to issuance of a license for the abortion provider.
(Adds R.S. 40:1299.35) HLS 14RS-872 REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Changed limitation on instruction or programs in schools from prohibiting
instruction or programs on any topic to prohibiting instruction or programs on
human sexuality or family planning.
2. Added media as items that employees and representatives of organizations
performing elective abortions would be prohibited from providing in schools.
3. Deleted provisions directing the Louisiana State Law Institute to undertake a
prospective technical recodification of certain Sections of proposed law.
House Floor Amendments to the engrossed bill.
1. Made technical changes.
2. Clarified that the prohibition on delivering certain instruction or materials in
schools applies to an employee of or representative acting on behalf of an
organization that perform elective abortions.
3. Expands the prohibited instruction or materials to any program on any health
topic, including but not limited to human sexuality or family planning.