RDCSB154 3275 2924
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)]
SB 154 Reengrossed 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 requires an individual who intends to succeed to a position as director, officer,
or employee, or who exercises control of the entity as defined in present law (R.S.
22:691.2(3)) 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)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical only.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
reengrossed bill:
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1. Delete language requiring an individual who controls at least 10% of a legal
entity applying for a license or certificate of authority to transact a business of
insurance undergo an investigation and criminal background check and replaces
it with a requirement that any individual who exercises control as defined in
present law (R.S. 22:691.2(3)) undergo an investigation and criminal background
check.
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