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)]
HB 128 Reengrossed 2021 Regular Session Zeringue
Abstract: Requires the Cash Management Review Board (Board) to review and approve all
cybersecurity plans and financial security procedures adopted by each state agency relative
to cash management. Requires the implementation and revision of any such plans or
procedures to also be approved by the Board. Authorizes the Board to make ongoing
assessments of the sufficiency of such adopted plans and procedures. Further provides that
all discussions and documents relative to such review, approval, assessment, and
implementation are confidential.
Present law establishes the Board for oversight over all state agency banking and checking accounts,
including balances therein, as well as the agencies' policies and procedures for handling receipts in
and disbursements from such accounts. Defines "state agency" to mean each state agency,
department, board, or commission required to deposit monies in the state treasury in accordance with
present constitution (Art. VII, Section 9(A)).
Proposed law retains present law. Requires each state agency to adopt a cybersecurity plan and
financial security procedures relative to cash management. Further requires each agency to submit
its adopted cybersecurity plan and financial security procedures to the review board within 90 days
of the effective date of proposed law. Thereafter, requires each agency to submit any revisions to
such plans or procedures to the review board. Requires the Board to review and approve such plans,
procedures, and revisions. Grants the board authority to review implementation of such plans and
procedures and make ongoing assessments of the sufficiency of such plans and procedures. Provides
that all discussions and records involved in such review and approval are confidential and prohibits
release under present law (La. Public Records Law-R.S. 44:1, et seq.).
Present law establishes the Open Meetings Law (R.S. 42:11, et seq.), which requires meetings of
public bodies to be open to the public. Present law further provides exceptions to the open meeting
requirement, allowing bodies to discuss certain limited items outside of public view. One such
exception in present law is for discussion regarding the report, development, or course of action
regarding security personnel, plans or devices. Proposed law retains present law and adds to this
exception discussions concerning cybersecurity plans, financial security procedures, and assessment
and implementation of any such plans or procedures.
Present law (La. Public Records Law-R.S. 44:1, et seq) generally requires all books, records,
writings, or any other material, regardless of physical form or characteristic, that are or have been
used in the conduct or performance of any public business to be made available for public inspection.
Further provides exceptions to this public inspection requirement for certain specified public records. Proposed law adds to present law exceptions any documents involved in the review and approval of
cybersecurity plans, financial security procedures, and the assessment and implementation of any
such plans or procedures. This includes documents in the possession of the Board or a state agency,
department, board, or commission required to deposit monies in the state treasury in accordance with
present constitution (Art. VII, Section 9(A)).
Proposed law directs the Louisiana State Law Institute to correct present law references in R.S.
39:372 in the revised statutes to conform with the provisions of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 39:372(D)-(H), R.S. 42:17(A)(3), and R.S. 44:4.1(B)(25); Adds R.S. 39:372(I) and
R.S. 44:4(59))