LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 77 HLS 23RS 227
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 5, 2023 11:35 AM Author: SCHLEGEL
Dept./Agy.: Attorney General
Subject: Attorney General Investigation - Material Harmful to Minors Analyst: Daniel Druilhet
ATTORNEY GENERAL EN SEE FISC NOTE GF EX See Note Page 1 of 1
Provides for attorney general investigation for publishers and distributors of material harmful to minors
Proposed law allows a court to assess civil fines of no more than $5,000 for each day of violation for any commercial entities
that knowingly and intentionally publish or distribute material harmful to minors and allows the Louisiana Department of
Justice (Attorney General) to conduct an investigation of the alleged violations. Proposed law assesses liability to
commercial entities for all attorney fees, costs, expenses, and fees related to investigations and proceedings associated with
these violations. Proposed law permits the Louisiana Department of Justice (Attorney General) to conduct an investigation
of any alleged violations and seek legal interest from commercial entities assessed a civil penalty for these violations from
the date of imposition of the civil penalty until paid in full. Proposed law requires commercial entities to perform reasonable
age verification methods to verify the age of individuals attempting to access material harmful to minors. Proposed law also
allows the attorney general to request (and the courts to assess) civil fines of no more than $10,000 for their failure to do
so.
EXPENDITURES 2023-24 2024-25 2025-26 2026-27 2027-28 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2023-24 2024-25 2025-26 2026-27 2027-28 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in SGF expenditures to the Louisiana Department of Justice (LADOJ)
as it provides discretion to the LADOJ to conduct investigations. While expenses for filing fees (estimated to be, at most,
$500 per case) are expected, the LADOJ does not anticipate a need for additional personnel, as it anticipates only a handful
of investigations would escalate to an appearance in court. Assuming no enforcement is needed or completed, the LADOJ
estimates that the bulk of costs will be comprised of postage expenses to provide notice to entities included in the proposed
law. While the likelihood of SGF expenditure impact is small, the exact impact is indeterminable because the proposed law
allows the LADOJ to choose whether or not to pursue an investigation, and there is no way to determine the exact number of
investigations that the LADOJ will pursue as a result of the proposed law’s enactment.
REVENUE EXPLANATION
Proposed law allows the court to assess fines of not more than $5,000 for each day that a commercial entity is in violation,
along with a civil penalty of no more than $10,000 per violation. Proposed law may result in an indeterminable increase in
SGR to the Louisiana Department of Justice because it creates new civil fines and the agency is unable to determine the
number and amount of civil penalties that will be assessed by the court in each investigation of alleged violations.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
Evan Brasseaux
13.5.2 >= $500,000 Annual Tax or Fee 6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Interim Deputy Fiscal Officer