HLS 20RS-2101 REENGROSSED
2020 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 93
BY REPRESENTATIVE CREWS
GOVERNOR: Directs the governor to ensure that individual liberty and rights are protected
as the state administers contact tracing
1 A CONCURRENT RESOL UTION
2To direct the governor to ensure that the individual liberty and rights of the citizens of
3 Louisiana are protected as the state administers the public health function known as
4 contact tracing.
5 WHEREAS, the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.,
6bestows upon the governor of Louisiana extraordinary powers during a public health
7emergency that he declares; and
8 WHEREAS, the governor has exercised his emergency powers in extreme measure
9during the COVID-19 public health emergency; and
10 WHEREAS, the governor has declared that the state will administer a public health
11function known as contact tracing as businesses and public places reopen after their period
12of forced closure; and
13 WHEREAS, according to the United States Centers for Disease Control and
14Prevention (CDC), contact tracing involves public health workers communicating with a
15patient diagnosed with an infectious disease to help that person recall everyone with whom
16they had close contact during the time in which they may have been infectious; and
17 WHEREAS, the CDC indicates further that after this communication occurs, the
18public health staff performing contact tracing then contact the individuals identified by the
19patient and warn them of their potential exposure to the infectious disease; and
20 WHEREAS, in considering information that the governor's administration has issued
21regarding the state's rapidly developed contact tracing program, many Louisiana citizens
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HCR NO. 93
1have serious concerns about how contact tracing will impact their liberty, right to privacy,
2and other basic rights.
3 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
4direct the governor to ensure that the liberty and individual rights of the citizens of this state
5are protected as the state administers the public health function known as contact tracing.
6 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby direct
7the governor to require that the personnel who conduct contact tracing disclose to all persons
8whom they contact that participation in contact tracing is entirely voluntary before
9requesting any information from those persons.
10 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby direct
11the governor not to authorize or otherwise impose any penalty for refusal by a person to
12participate in contact tracing.
13 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby direct
14the governor to strictly prohibit all of the following actions except in instances when the
15person subject to the action specifically consents to it:
16 (1) Tracking of any person's movements through mobile phone geolocation or any
17other means, electronic or otherwise, in contact tracing.
18 (2) Any data mining that would facilitate the tracking of a person's movements.
19 (3) The collection of personal identifying information through contact tracing.
20 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby direct
21the governor to give absolute assurance to the people of this state that contact tracing will
22not entail the compulsory separation of family members or the prohibition of willing
23association among individuals.
24 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby direct
25the governor not to authorize or otherwise impose any mandate that any individual be tested
26for the novel coronavirus or antibodies to the virus.
27 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
28governor and to the secretary of the Louisiana Department of Health.
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HCR NO. 93
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)]
HCR 93 Reengrossed 2020 Regular Session Crews
Directs the governor to ensure that the liberty and individual rights of La. citizens are
protected as the state administers the public health function known as contact tracing.
Directs the governor not to authorize or otherwise impose any penalty for refusal by a person
to participate in contact tracing.
Directs the governor to strictly prohibit all of the following actions except in instances when
the person subject to the action specifically consents to it:
(1)Tracking of any person's movements through mobile phone geolocation or any other
means, electronic or otherwise, in contact tracing.
(2)Any data mining that would facilitate the tracking of a person's movements.
(3)The collection of personal identifying information through contact tracing.
Directs the governor to give absolute assurance that contact tracing will not entail the
compulsory separation of family members or the prohibition of willing association among
individuals.
Directs the governor not to authorize or otherwise impose any mandate that any individual
be tested for the novel coronavirus or antibodies to the virus.
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add exception for consented actions.
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