SSHB361 3645 4048
HOUSE SUMMARY OF SENATE AMENDMENTS
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
Synopsis of Senate Amendments
1.Requires the office of technology services to notify only the agency head of
each executive branch agency about its covered application policy and only
upon becoming aware the agency is in possession of a computer, device, or
network owned or leased by the state. Requires the office to make the policy
available to any agency upon request.
2.Requires the supreme court to develop and implement a policy for judicial
branch agencies.
3.Requires the Joint Legislative Committee on Technology and Cybersecurity to
develop a policy for legislative branch agencies and requires the Legislative
Budgetary Control Council to oversee the implementation of the policy.
3.Provides that the civil penalty assessed for a failure to properly implement the
policy may be recovered by the state in a civil action instituted by the attorney
general.
4.Creates an exception for networks that are open and available for public access.
Digest of Bill as Finally Passed by Senate
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 on 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 office of technology services 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 requires the supreme court to develop and implement a policy for judicial
branch agencies that is substantially similar to the policy confected by the office of
technology services.
Proposed law requires the Joint Legislative Committee on Technology and Cybersecurity to
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develop a policy for legislative branch agencies that is substantially similar to the policy
confected by the office of technology services and requires the Legislative Budgetary Control
Council to oversee the implementation of the policy.
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, which may be recovered by the
state in a civil action instituted by the attorney general. The agency head shall be personally
liable for the payment of such penalty.
Proposed law does not apply to networks that are open and available for public access.
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. 42:1471-1474)
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