HLS 17RS-562 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 268
BY REPRESENTATIVE JIMMY HARRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/RECORDS: Provides relative to criminal history records checks for agencies
with access to federal tax information, criminal history record information, or state
issued REAL ID information
1 AN ACT
2To enact R.S. 15:587.5 and 587.6, R.S. 23:1657.1, R.S. 36:254.3 and 701.1, R.S. 39:15.1.1
3 and 15.1.2, R.S. 46:51.3, and R.S. 47:1504.1, relative to criminal history records
4 checks; to provide for criminal history records checks for current and prospective
5 employees, contractors, and subcontractors of agencies with access to federal tax
6 information, criminal history record information, or state issued REAL ID
7 information; to provide relative to the procedures and costs for the criminal history
8 records checks; to provide for the use of these records; to authorize state agencies to
9 require criminal history records checks; to provide for a definition; and to provide
10 for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 15:587.5 and 587.6 are hereby enacted to read as follows:
13 §587.5. Agencies with access to federal tax information; criminal history
14 information
15 A. For purposes of this Section, "agency" means any agency that has an
16 agreement with the Internal Revenue Service to access federal tax information.
17 Agency shall include all of the following:
18 (1) Department of Revenue.
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1 (2) Department of Justice; collections section and information technology
2 section.
3 (3) Division of Administration; office of technology services.
4 (4) Department of Children and Family Services; child support enforcement
5 and family support.
6 (5) Louisiana Department of Health; medicaid eligibility section.
7 (6) Louisiana Workforce Commission; office of unemployment insurance
8 administration.
9 B.(1) An agency with access to federal tax information may require any
10 current or prospective employee, contractor, or subcontractor to submit to a criminal
11 history records check to be conducted by the Louisiana Bureau of Criminal
12 Identification and Information. Fingerprints and other identifying information from
13 the current or prospective employee, contractor, or subcontractor shall be submitted
14 to the bureau by the employee, contractor, or subcontractor.
15 (2) When a criminal history records check is requested pursuant to Paragraph
16 (1) of this Subsection, the bureau shall provide the agency with the state criminal
17 history record information of the current or prospective employee, contractor, or
18 subcontractor. In addition, when the agency requests national criminal history
19 records checks, the bureau shall forward the fingerprints to the Federal Bureau of
20 Investigation for a national criminal history records check and shall provide the
21 agency with the national criminal history record information of the current or
22 prospective employee, contractor, or subcontractor.
23 C. A local criminal history records check may also be requested by an
24 agency for a current or prospective employee, contractor, or subcontractor. The
25 request may be sent to any jurisdiction where the current or prospective employee,
26 contractor, or subcontractor has lived, worked, and attended school within the last
27 five years.
28 D.(1) Fingerprinting and national, state, and local criminal history records
29 checks are to be used by the agency to determine the suitability of the current or
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HB NO. 268
1 prospective employee, contractor, or subcontractor to access federal tax information
2 and records.
3 (2) Prospective employees shall be subject to fingerprinting and national,
4 state, and local criminal history records checks only after a conditional offer of
5 employment has been made.
6 (3) Current employees, contractors, and subcontractors with access to federal
7 tax information shall be subject to fingerprinting and national, state, and local
8 criminal history records checks at a minimum of every ten years.
9 E. The costs of providing the information required under this Section shall
10 be charged by the bureau, as specified in R.S. 15:587(B), to the agency for furnishing
11 information contained in the bureau's criminal history and identification files,
12 including any additional costs of providing the national criminal history records
13 check, which pertains to the current or prospective employee, contractor, or
14 subcontractor.
15 §587.6. Division of administration, office of technology services; access to criminal
16 history information or state issued REAL ID Information
17 A.(1) Pursuant to R.S. 39:15.1.2, current or prospective employees,
18 contractors, or subcontractors of the division of administration, office of technology
19 services, who have access to criminal history record information or state issued
20 REAL ID information shall submit to a criminal history records check to be
21 conducted by the Louisiana Bureau of Criminal Identification and Information.
22 Fingerprints and other identifying information from the current or prospective
23 employee, contractor, or subcontractor shall be submitted to the bureau by the
24 employee, contractor, or subcontractor.
25 (2) When a criminal history records check is requested pursuant to Paragraph
26 (1) of this Subsection, the bureau shall provide the office of technology services with
27 the state criminal history record information of the current or prospective employee,
28 contractor, or subcontractor. In addition, when the office of technology services
29 requests national criminal history records checks, the bureau shall forward the
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1 fingerprints to the Federal Bureau of Investigation for a national criminal history
2 records check and shall provide the office of technology services with the national
3 criminal history record information of the current or prospective employee,
4 contractor, or subcontractor.
5 (3) A local criminal history records check may also be requested by the
6 office of technology services for a current or prospective employee, contractor, or
7 subcontractor. The request may be sent to any jurisdiction where the current or
8 prospective employee, contractor, or subcontractor has lived, worked, and attended
9 school within the last five years.
10 B.(1) Fingerprinting and national, state, and local criminal history records
11 checks are to be used by the office of technology services to determine the suitability
12 of the current or prospective employee, contractor, or subcontractor to access
13 criminal history record information or state issued REAL ID information.
14 (2) Prospective employees shall be subject to fingerprinting and national,
15 state, and local criminal history records checks only after a conditional offer of
16 employment has been made.
17 (3) Current employees, contractors, and subcontractors with access to
18 criminal history record information or state issued REAL ID information shall be
19 subject to fingerprinting and national, state, and local criminal history records checks
20 at a minimum of every ten years.
21 C. The costs of providing the information required under this Section shall
22 be charged by the bureau, as specified in R.S. 15:587(B), to the office of technology
23 services for furnishing information contained in the bureau's criminal history and
24 identification files, including any additional costs of providing the national criminal
25 history records check, which pertains to the current or prospective employee,
26 contractor, or subcontractor.
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1 Section 2. R.S. 23:1657.1 is hereby enacted to read as follows:
2 §1657.1. Criminal history information; access to federal tax information
3 The Louisiana Workforce Commission, office of unemployment insurance
4 administration, is authorized to perform criminal history records checks of current
5 and prospective employees, contractors, and subcontractors in accordance with the
6 procedures provided in R.S. 15:587.5. Pursuant to this authorization and to
7 implement the requirements of R.S. 15:587.5, the executive director shall promulgate
8 rules and regulations with regard to this matter.
9 Section 3. R.S. 36:254.3 and 701.1 are hereby enacted to read as follows:
10 §254.3. Criminal history information; access to federal tax information
11 The Department of Health, medicaid eligibility section, is authorized to
12 perform criminal history records checks of current and prospective employees,
13 contractors, and subcontractors in accordance with the procedures provided in R.S.
14 15:587.5. Pursuant to this authorization and to implement the requirements of R.S.
15 15:587.5, the secretary shall promulgate rules and regulations with regard to this
16 matter.
17 * * *
18 §701.1. Criminal history information; access to federal tax information
19 The Department of Justice, collections section and information technology
20 section, is authorized to perform criminal history records checks of current and
21 prospective employees, contractors, and subcontractors in accordance with the
22 procedures provided in R.S. 15:587.5. Pursuant to this authorization and to
23 implement the requirements of R.S. 15:587.5, the attorney general shall promulgate
24 rules and regulations with regard to this matter.
25 Section 4. R.S. 39:15.1.1 and 15.1.2 are hereby enacted to read as follows:
26 §15.1.1. Criminal history information; access to federal tax information
27 The division of administration, office of technology services, is authorized
28 to perform criminal history records checks of current and prospective employees,
29 contractors, and subcontractors in accordance with the procedures provided in R.S.
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1 15:587.5. Pursuant to this authorization and to implement the requirements of R.S.
2 15:587.5, the commissioner of administration shall promulgate rules and regulations
3 with regard to this matter.
4 §15.1.2. Criminal history information; access to restricted data
5 The division of administration, office of technology services, is authorized
6 to perform criminal history records checks of current and prospective employees,
7 contractors, and subcontractors in accordance with the procedures provided in R.S.
8 15:587.6. Pursuant to this authorization and to implement the requirements of R.S.
9 15:587.6, the commissioner of administration shall promulgate rules and regulations
10 with regard to this matter.
11 Section 5. R.S. 46:51.3 is hereby enacted to read as follows:
12 §51.3. Criminal history information; access to federal tax information
13 The Department of Children and Family Services, office of child support
14 enforcement and family support, is authorized to perform criminal history records
15 checks of current and prospective employees, contractors, and subcontractors in
16 accordance with the procedures provided in R.S. 15:587.5. Pursuant to this
17 authorization and to implement the requirements of R.S. 15:587.5, the secretary shall
18 promulgate rules and regulations with regard to this matter.
19 Section 6. R.S. 47:1504.1 is hereby enacted to read as follows:
20 §1504.1. Criminal history information; access to federal tax information
21 The Department of Revenue is authorized to perform criminal history records
22 checks of current and prospective employees, contractors, and subcontractors in
23 accordance with the procedures provided in R.S. 15:587.5. Pursuant to this
24 authorization and to implement the requirements of R.S. 15:587.5, the secretary shall
25 promulgate rules and regulations in consultation with the agencies listed in R.S.
26 15:587.5(A).
27 Section 7. This Act shall become effective upon signature by the governor or, if not
28signed by the governor, upon expiration of the time for bills to become law without signature
29by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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1vetoed by the governor and subsequently approved by the legislature, this Act shall become
2effective on the day following such approval.
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)]
HB 268 Original 2017 Regular Session Jimmy Harris
Abstract: Authorizes certain agencies with access to federal tax information, criminal
history record information, or state issued REAL ID information to perform a
criminal history records check on current and prospective employees, contractors,
and subcontractors and to promulgate rules and regulations relating to criminal
history records checks.
Proposed law authorizes an agency with access to federal tax information, criminal history
record information, or state issued REAL ID information to require any current or
prospective employee, contractor, or subcontractor to submit to a national, state, and local
criminal history records check. Requires the current or prospective employee, contractor,
or subcontractor to submit fingerprints and other identifying information to the La. Bureau
of Criminal Identification and Information. The bureau is required to provide the agency
with the criminal history record information of the current or prospective employee,
contractor, or subcontractor.
Proposed law provides that the fingerprints and national, state, and local criminal history
records checks are used to determine the suitability of the current or prospective employee,
contractor, or subcontractor to access federal tax information, criminal history record
information, or state issued REAL ID information. Current employees, contractors, and
subcontractors are subject to fingerprinting and criminal history records checks at a
minimum of every 10 years. Prospective employees are subject to fingerprinting and
criminal history records check after a conditional offer of employment has been made.
Proposed law requires the bureau to charge the agency for furnishing the information
contained in the bureau's criminal history and identification files, including any additional
costs.
Proposed law defines "agency" as any agency that has an agreement with the Internal
Revenue Service to access federal tax information, and includes the:
(1)Dept. of Revenue.
(2)Dept. of Justice; collections section and information technology section.
(3)Division of Administration; office of technology services.
(4)Dept. of Children and Family Services; child support enforcement and family
support.
(5)La. Dept. of Health; medicaid eligibility section.
(6)La. Workforce Commission; office of unemployment insurance administration.
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Proposed law further requires the agencies to promulgate rules and regulations relating to
the criminal history records checks of current or prospective employees, contractors, or
subcontractors.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 15:587.5 and 587.6, R.S. 23:1657.1, R.S. 36:254.3 and 701.1, R.S. 39:15.1.1 and
15.1.2, R.S. 46:51.3, and R.S. 47:1504.1)
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