HLS 23RS-347 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 61
BY REPRESENTATIVE SCHLEGEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTRACTS: Provides for consent of a legal representative of a minor who contracts with
certain parties
1 AN ACT
2To enact R.S. 9:2717.1, relative to contracts with minors; to provide relative to interactive
3 computer services; to provide for consent by a legal representative; to provide for
4 exceptions; to provide for nullity; to provide for definitions; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2717.1 is hereby enacted to read as follows:
8 §2717.1. Legal representative consent in contracts between a minor and an
9 interactive computer service
10 A.(1) No interactive computer service shall enter into a contract or other
11 agreement, including the creation of an online account, with a minor without
12 obtaining the consent of the legal representative of the minor.
13 (2) The interactive computer service may rely on the consent of the legal
14 representative of the minor to enter into a contract or agreement, including the
15 creation of an online account, with a minor unless the interactive computer service
16 knows or reasonably should know that the legal representative is no longer
17 authorized to represent the minor.
18 B. All contracts and agreements entered into between a minor and an
19 interactive computer service without the consent of the legal representative of the
20 minor shall be an absolute nullity.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-347 ORIGINAL
HB NO. 61
1 C. Nothing in this Section shall bar the use of third parties to obtain the
2 consent of the legal representative, including the consent of the legal representative
3 as to multiple minors and multiple interactive computer services.
4 D. This Section only applies to minors who are domiciled in this state as
5 provided by Civil Code Article 41.
6 E. For the purposes of this Section:
7 (1) "Account" means any website, application, or similar electronic means
8 by which users are able to create and share information, ideas, personal messages,
9 and other content, including texts, photos, and videos, or to participate in social
10 networking, gaming, or similar online service.
11 (2) "Consent" means having the written authority of a legal representative
12 of a minor to permit the minor to enter into a contract or other agreement with the
13 interactive computer service.
14 (3) "Interactive computer service" means any information service, system,
15 or access software provider that provides or enables computer access by multiple
16 users to a computer server, including a service or system that provides access to the
17 internet and such systems operated or services offered by libraries or educational
18 institutions.
19 (4) "Legal representative" means any of the following:
20 (a) A parent with legal authority over a minor.
21 (b) The tutor of the minor as confirmed or appointed by the court.
22 (5) "Minor" means any person under the age of eighteen who is not
23 emancipated.
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 61 Original 2023 Regular Session Schlegel
Abstract: Provides for nullity of contracts between minors and interactive computer
services without consent of the legal representative of the minor.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-347 ORIGINAL
HB NO. 61
Present law (C.C. Art. 1918) provides that all persons have capacity to contract except for
unemancipated minors, interdicts, and persons deprived of reason at the time of contracting.
Present law (C.C. Art. 366) provides that full emancipation confers all effects of majority
on the person emancipated. Limited emancipation confers the effects of majority specified
in the judgment of limited emancipation.
Present law (C.C. Art. 2029) provides that a contract is null when the requirements for its
formation have not been met.
Present law (C.C. Art. 2030) provides that a contract is absolutely null when it violates a rule
of public order. A contract that is absolutely null may not be confirmed. An absolute nullity
may be invoked by any person or may be declared by the court on its own initiative.
Proposed law provides that no interactive computer service shall enter into a contract or
other agreement, including the creation of an online account, with an unemancipated minor
without the consent of the legal representative of the minor.
Proposed law provides that the interactive computer service may rely on the consent of the
legal representative unless the interactive computer service knows or reasonably should
know that the legal representative is no longer authorized to represent the minor.
Proposed law provides that all contracts entered into between the minor and an interactive
computer service without the consent of the legal representative shall be absolutely null.
Proposed law provides that third parties may be used to obtain the consent of the legal
representative.
Proposed law provides that proposed law only applies to minors who are domiciled in this
state.
Present law (C.C. Art. 41) provides that the domicile of an unemancipated minor is that of
the parent, parents, tutor, or joint tutors with whom the minor usually resides. If the minor
has been placed under the legal authority of a parent or other person, the domicile of that
person is the domicile of the minor, unless the court directs otherwise.
Proposed law provides for definitions of the following: "account", "consent", "interactive
computer service", "legal representative", and "minor".
Present law (47 U.S.C. §230) defines "interactive computer service" as any information
service, system, or access software provider that provides or enables computer access by
multiple users to a computer server.
Present law (C.C. Art. 232) provides that either parent during the marriage has parental
authority over their child unless otherwise provided by law.
Present law (C.C. Art. 246) provides that a minor not emancipated is placed under the
authority of a tutor after the dissolution of the parents' marriage. Present law (C.C. Art. 249)
provides that the tutor is accountable.
(Adds R.S. 9:2717.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.