SLS 13RS-433 ORIGINAL Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2013 SENATE BILL NO. 150 BY SENATOR ADLEY Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. HEALTH SERVICES. Provides for authorized agents for purposes of criminal history checks on nonlicensed persons and licensed ambulance personnel. (8/1/13) AN ACT1 To enact R.S. 40:1300.57, relative to criminal history checks on nonlicensed persons and2 licensed ambulance personnel; to provide with respect to an authorized agency; to3 provide for the application and requirements for approval as an authorized agency;4 and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 40:1300.57 is hereby enacted to read as follows:7 ยง1300.57. Application to be approved as an authorized agency8 A. An individual seeking approval as an authorized agency shall submit9 an application to the Louisiana Bureau of Criminal Identification and10 Information along with the following documents to prove the individual's11 qualifications.12 (1) The applicant must be currently licensed in the state of Louisiana as13 a private investigator or detective by the Louisiana State Board of Private14 Investigator Examiners as evidenced by current and valid licensure issued by15 the Louisiana State Board of Private Investigator Examiners, or an individual16 employed by a business entity registered and in good standing with the17 SB NO. 150 SLS 13RS-433 ORIGINAL Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. secretary of state at the time of application whose primary source of business1 is background screenings.2 (2) The applicant must not currently be charged by bill of information3 or under indictment for, or have been convicted of, any felony offense in this4 state or any other jurisdiction, and submit to a background investigation to5 determine that this requirement is met.6 (3) The applicant shall present proof of qualification to do business7 within the state of Louisiana as evidenced by a valid certificate of authority8 issued by the secretary of state, and designation of an agent for service of9 process as required by law. If the applicant is operating as a sole10 proprietorship, a current and valid occupational license shall be presented.11 (4) The applicant shall execute a written agreement whereby he agrees12 to maintain the confidentiality of any and all information provided to it by the13 Louisiana Bureau of Criminal Identification and Information pursuant to R.S.14 40:1300.51 et seq., abide by all applicable laws, rules and regulations pertaining15 to receipt and use of criminal history information, cooperate in any auditing16 procedure conducted by the Louisiana Bureau of Criminal Identification and17 Information, and inform the Louisiana Bureau of Criminal Identification and18 Information in writing of any known violations regarding the use of criminal19 history information he receives.20 B. Upon receipt of a completed application for approval as an21 authorized agency, the Louisiana Bureau of Criminal Identification and22 Information shall review the application and conduct whatever investigation it23 deems necessary to verify the information. Upon completion of this review, the24 Louisiana Bureau of Criminal Identification and Information shall inform the25 applicant in writing of its approval or denial of the application.26 C. Each authorized agency shall maintain the eligibility requirements27 to be approved as an authorized agency. Each authorized agency shall notify28 the Louisiana Bureau of Criminal Identification and Information in writing of29 SB NO. 150 SLS 13RS-433 ORIGINAL Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. a change in its qualification requirements within fifteen days of the change.1 Failure to continue to maintain the eligibility requirements shall result in2 cancellation of approval as an authorized agency.3 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Christopher D. Adams. DIGEST Present law requires an individual seeking approval as an authorized agency shall be currently licensed in the state of Louisiana as a private investigator or detective by the Louisiana State Board of Private Investigator Examiners. Proposed law provides an individual seeking approval as an authorized agency shall submit an application to the Louisiana Bureau of Criminal Identification and Information (Bureau) along with the following documents to prove the individual's qualifications: (1)The applicant must be currently licensed in Louisiana as a private investigator or detective by the Louisiana State Board of Private Investigator Examiners as evidenced by current and valid licensure issued by the Louisiana State Board of Private Investigator Examiners, or an individual employed by a business entity registered and in good standing with the secretary of state at the time of application whose primary source of business is background screenings. (2)The applicant must not currently be charged by bill of information or under indictment for, or have been convicted of, any felony offense in this state or any other jurisdiction, and submit to a background investigation to determine that this requirement is met. (3)The applicant shall present proof of qualification to do business within Louisiana as evidenced by a valid certificate of authority issued by the secretary of state, and designation of an agent for service of process as required by law. If the applicant is operating as a sole proprietorship, a current and valid occupational license shall be presented. (4)The applicant shall execute a written agreement whereby he agrees to maintain the confidentiality of any and all information provided to it by the Bureau pursuant to present law, abide by all applicable laws, rules and regulations pertaining to receipt and use of criminal history information, cooperate in any auditing procedure conducted by the Bureau, and inform the Bureau in writing of any known violations regarding the use of criminal history information he receives. Proposed law provides for the application to be approved as an authorized agency. Effective August 1, 2013. (Adds R.S. 40:1300.57)