HLS 13RS-808 ENGROSSED Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 184 BY REPRESENTATIVE HONORE Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CRIMINAL/BUREAU CRIML ID: Authorizes certain nonprofit organizations to obtain criminal history record and identification files for applicants seeking to serve in certain programs AN ACT1 To enact R.S. 15:587(H), relative to criminal background checks; to authorize the Volunteer2 Louisiana Commission and the recipient of any AmeriCorps funds administered by3 the Volunteer Louisiana Commission to obtain criminal history record and4 identification files for certain applicants; to provide for the procedure by which such5 information is obtained; to provide for the cost of obtaining such information; to6 provide relative to the confidentiality of such information; and to provide for related7 matters.8 Be it enacted by the Legislature of Louisiana:9 Section 1. R.S. 15:587(H) is hereby enacted to read as follows: 10 ยง587. Duty to provide information; processing fees; Louisiana Bureau of Criminal11 Identification and Information12 * * *13 H.(1) The Volunteer Louisiana Commission and the recipient of any federal14 AmeriCorps funds administered by the Volunteer Louisiana Commission shall be15 entitled to the criminal history record and identification files maintained by the16 bureau for any applicant seeking to serve in a program that receives assistance under17 the national service laws to determine whether the applicant meets the eligibility18 HLS 13RS-808 ENGROSSED HB NO. 184 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. requirements set forth in the Serve America Act, Public Law 111-13, and any1 associated federal regulations.2 (2) In addition to the information provided for in Paragraph (1) of this3 Subsection, the Volunteer Louisiana Commission shall be entitled to any national4 criminal history information maintained by the Federal Bureau of Investigation for5 any applicant seeking to serve in a program that receives assistance under the6 national service laws.7 (3)(a) Upon receiving a written request, which shall include fingerprint cards8 or other identifying information for the applicant and a consent form signed by the9 applicant authorizing the criminal background check, the bureau shall survey its10 criminal history records and identification files.11 (b) If requested by the Volunteer Louisiana Commission pursuant to12 Paragraph (2) of this Subsection, the bureau shall make a simultaneous request of the13 Federal Bureau of Investigation for a national criminal history record check.14 (4) The bureau shall present the requested information promptly and in15 writing to the requesting entity and shall charge the requesting entity the cost of16 providing such information pursuant to Subsection B of this Section.17 (5) The requesting entity shall maintain the confidentiality of the information18 received in accordance with applicable federal and state laws.19 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)] Honore HB No. 184 Abstract: Authorizes the Volunteer La. Commission and the recipient of any AmeriCorps funds administered by the Volunteer La. Commission to obtain criminal history record and identification files for any applicant seeking to serve in a program receiving assistance under the national service laws. Present law authorizes certain entities to request and obtain, and requires the Bureau of Criminal Identification and Information to provide, criminal history record and identification files for persons seeking employment, licensing, or seeking to volunteer with those entities. Proposed law retains present law and authorizes the Volunteer La. Commission and the recipient of any federal AmeriCorps funds administered by the Volunteer La. Commission HLS 13RS-808 ENGROSSED HB NO. 184 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. to obtain the criminal history record and identification files maintained by the bureau for any applicant seeking to serve in a program that receives assistance under the national service laws. Proposed law also authorizes the Volunteer La. Commission to obtain national criminal history information maintained by the FBI and requires the bureau to make a simultaneous request for such information from the FBI when requested to do so by the Volunteer La. Commission. Proposed law further provides for the procedure by which such information is requested and obtained by the entity and requires the requesting entity to maintain the confidentiality of the information in accordance with federal and state laws. (Adds R.S. 15:587(H))