The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Cheryl Horne.
DIGEST
SB 154 Original 2015 Regular Session Gary Smith
Present law creates the division of insurance fraud within the Department of Insurance that is
charged with the responsibility to conduct investigations and background criminal checks on each
applicant for a license or certificate of authority to transact a business of insurance. In the event the
applicant is a corporation, partnership, or other legal entity, background checks shall be limited to
those individuals who are directors, officers, employees, or individuals who own or control at least
ten percent of the entity.
Proposed law retains present law and requires an individual who intends to succeed to a position as
director, officer, or employee, or who controls at least ten percent of the entity to undergo an
investigation and criminal background check.
Present law requires the division of insurance fraud to have access to computer systems, information
maintained for the use of law enforcement personnel, any information contained in the criminal
history record and identification file of the Louisiana Bureau of Criminal Identification and
Information, and direct and timely access to information compiled by the Federal Bureau of
Investigation, as contained in the National Crime Information Center.
Proposed law retains present law and permits the commissioner to require each applicant for a
license or certificate of authority to submit fingerprints to verify the identity of the applicant. An
applicant's fingerprints shall be made electronically or by ink and converted to electronic format.
Proposed law authorizes the commissioner to require fingerprints and fees of applicants and to
submit the fingerprints and the associated fee to perform the criminal history record checks to the
Louisiana Bureau of Criminal Identification and Information as well as the FBI for state and national
criminal history record checks. Each applicant shall submit a full set of fingerprints in order for the
commissioner to obtain and receive National Criminal History Records from the FBI Criminal
Justice Information Services Division.
Proposed law permits the commissioner to contract for the collection, transmission, and
resubmission of fingerprints required under proposed law. Any fee for services by the contractor
shall be payable directly to the contractor by the applicant.
Proposed law permits the commissioner to receive criminal history record information from sources
other than the Louisiana Bureau of Criminal Identification and Information.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S.22:1921 and 1922)