Louisiana 2017 2017 Regular Session

Louisiana House Bill HB268 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 147 (HB 268) 2017 Regular Session Jimmy Harris
New 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 national, state, and local criminal history
records checks.  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.  New 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.
New 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.
New 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.
New 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.
New 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 (June 12, 2017).
(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)