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 361 Original 2023 Regular Session Deshotel
Abstract: Makes agency heads responsible for implementing a plan created by the office of
technology services and approved by the Joint Legislative Committee on Technology and
Cybersecurity to prohibit the use of Tiktok on all computers, devices, and networks owned
or leased by the state.
Proposed law requires the office of technology services to develop a policy, subject to the approval
of the Joint Legislative Committee on Technology and Cybersecurity, to require the removal of and
prohibit the use of any covered application from computers, devices, and networks owned or leased
by the state.
Proposed law defines "covered application" as the social networking service TikTok or any successor
application or service developed or provided by ByteDance Limited or an entity owned by
ByteDance Limited.
Proposed law requires that the policy shall not prohibit a public employee from having unrestricted
access to a covered application for a legitimate scientific, educational, or law enforcement purpose
as determined and approved by the employee's agency prior to the employee's access to the covered
application. Further provides that the policy shall not prohibit any public employee from having
unfiltered or unrestricted access to a covered application on a computer, device, or network that is
not owned or leased by the governmental entity, so long as the employee does not use the computer,
device, or network to access a covered application in the course and scope of his public employment.
Proposed law requires the agency head of an agency using a state-owned or state-leased computer,
device, or network to ensure that the agency properly implements the policy. Further provides that
an agency head who fails to properly implement the policy shall be subject to a civil penalty not to
exceed $500 per violation. The agency head shall be personally liable for the payment of such
penalty.
Proposed law requires the office of technology services to develop the policy and submit it to the
Joint Committee on Technology and Cybersecurity no later than Aug. 1, 2023.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 42:1471-1473)