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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 or business entity seeking approval as an authorized9
agency shall submit an application to the Louisiana Bureau of Criminal10
Identification and Information along with the following documents to prove the11
individual's or business entity's 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 domiciled in the state of Louisiana and registered17 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.
and in good standing with the secretary of state at the time of application whose1
primary source of business 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 shall submit to a background investigation5
to determine that this requirement is met.6
(3) The applicant shall be domiciled in the state of Louisiana and shall7
present proof of qualification to do business within the state of Louisiana, as8
evidenced by a valid certificate of authority issued by the secretary of state, and9
designation of an agent for service of process as required by law. If the10
applicant is operating as a sole proprietorship, a current and valid occupational11
license shall be presented.12
(4) The applicant shall execute a written agreement whereby he agrees13
to maintain the confidentiality of any and all information provided to it by the14
Louisiana Bureau of Criminal Identification and Information pursuant to R.S.15
40:1300.51 et seq., abide by all applicable laws, rules and regulations pertaining16
to receipt and use of criminal history information, cooperate in any auditing17
procedure conducted by the Louisiana Bureau of Criminal Identification and18
Information, and inform the Louisiana Bureau of Criminal Identification and19
Information in writing of any known violations regarding the use of criminal20
history information he receives.21
B. Upon receipt of a completed application for approval as an22
authorized agency, the Louisiana Bureau of Criminal Identification and23
Information shall review the application and conduct whatever investigation it24
deems necessary to verify the information. Upon completion of this review, the25
Louisiana Bureau of Criminal Identification and Information shall inform the26
applicant in writing of its approval or denial of the application and, in the case27
of denial, the reasons for such denial.28
C. Each authorized agency shall maintain the eligibility requirements29 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.
to be approved as an authorized agency. Each authorized agency shall notify1
the Louisiana Bureau of Criminal Identification and Information in writing of2
a change in its qualification requirements within fifteen days of the change.3
Failure to continue to maintain the eligibility requirements shall result in4
cancellation of approval as an authorized agency.5
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Ann S. Brown.
DIGEST
Adley (SB 150)
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 or business entity 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 or
business entity'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
domiciled in the state of Louisiana and 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 shall submit to a background investigation to determine that
this requirement is met.
(3)The applicant shall be domiciled in the state of Louisiana and 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) 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Changes from "criminal history checks" to "fingerprint based criminal
background checks".
2. Adds business entity to those who may seek approval as authorized agency.
3. Requires the business entity must be domiciled in Louisiana.
Senate Floor Amendments to engrossed bill
1. Removes all references changing "criminal history checks" to "fingerprint
based criminal background checks".