GREEN SHEET REDIGEST
HB 361 2023 Regular Session Deshotel
ADMINISTRATION: Prohibits the use of TikTok and related applications on
computers and networks owned or leased by the state
DIGEST
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 and to notify the agency head of each executive branch agency of the policy upon
becoming aware that the agency is in possession of a computer, device, or network 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 supreme court and Joint Legislative Committee on Technology
and Cybersecurity to develop and implement prohibited technology use policies for the
judicial and legislative branches, respectively, that are substantially similar to the policy
confected by the office of technology services.
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:
Page 1 of 2
Prepared by Matt Deville. 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".
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the reengrossed bill
1. Specify that the office of technology services is required to notify the agency
head of each executive branch agency of the policy regarding prohibited
technology use it develops upon becoming aware the agency is in possession of
a computer, device, or network owned or leased by the state and to make the
policy available to any agency upon request.
2. Task the supreme court and Joint Legislative Committee on Technology and
Cybersecurity with the development and implementation of prohibited
technology use policies for the judicial and legislative branches, respectively, that
are substantially similar to the policy confected by the office of technology
services.
3. Provide that the civil penalty assessed for a violation of the prohibited technology
policy may be recovered by the state in a civil action instituted by the attorney
general.
4. Make technical changes.
Page 2 of 2
Prepared by Matt Deville.