Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB150 Introduced / Bill

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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
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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
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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)