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 Engrossed 2017 Regular Session Jimmy Harris
Abstract: Requires 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 requires 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 further requires the agency to
request a local criminal history records check for a current or prospective employee, contractor, or
subcontractor, which shall be sent to any jurisdiction where the current or prospective employee,
contractor, or subcontractor has lived, worked, or attended school within the last five years.
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.
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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Require criminal history records checks for any current or prospective employee,
contractor, or subcontractor for an agency with access to federal tax information.
2. Require the local criminal history records check to be sent to any jurisdiction where the
current or prospective employee, contractor, or subcontractor has lived, worked, or
attended school within the last five years.
3. Remove proposed law provisions requiring that the promulgation of rules and regulations
be done in consultation with the agencies listed in proposed law.