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ACT No. 617
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 AND SENATORS
ALARIO, ALLAIN, BUFFINGTON, CHABERT, CROWE, DONAHUE, ERDEY,
GUILLORY, LAFLEUR, LONG, NEVERS, PEACOCK, PERRY, RISER, GARY
SMITH, TARVER, THOMPSON, WALSWORTH, WARD, AND WHI TE
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 ENROLLEDHB NO. 305
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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 ENROLLEDHB NO. 305
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which can be given effect without the invalid provision, item, or application. To this end,1
and in accordance with R.S. 24:175, the provisions of this Act are hereby declared severable.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: