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 Reengrossed 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 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 provides that the policy shall not prohibit a public servant from having unrestricted
access to a covered application for a legitimate scientific, educational, or law enforcement purpose
as determined and approved by the public servant's agency prior to the public servant's access to the
covered application. Further provides that the policy shall not prohibit any public servant 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 public servant does not use the
computer, device, or network to access a covered application in the course and scope of his public
service.
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. 23, 2023.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 42:1471-1473)
Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill:
1. Include elected officials within the scope of public servants to whom the policy will
apply.
2. Change the deadline for the office of technology services to submit the policy to the joint
committee from Aug. 1, 2023, to Aug. 23, 2023.
The Committee Amendments Proposed by House Committee on Appropriations to the engrossed
bill:
1. Remove the requirement that the office of technology services remove the covered
applications from any computer, device, or network owned or leased by the state.
2. Change the language regarding an agency head who fails to properly implement the
policy "developed" to "developed and approved".