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2013 House Notes - Week 3

2013 House Notes - Week 3

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Published by RepNLandry
Summary of Louisiana House of Representatives action, week 3, regular session 2013
Summary of Louisiana House of Representatives action, week 3, regular session 2013

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Published by: RepNLandry on Apr 27, 2013
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09/18/2013

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Page -1-As the third week of the session ends,a total of 956 bills has been filed. The Househas introduced 703 bills, and the Senate hasintroduced 253 bills.At the same time during the 2011Regular Session, a total of 889 bills wasintroduced. House bills totaled 629 andSenate bills totaled 260.
TRANSFER OF NOAH TO CHILDREN'SHOSPITAL
 House Bill 595
, reported by substitute
, provides for the existing leasefor the New Orleans Adolescent Hospital(NOAH) property to be converted to a sale.Under the proposal, Children'sHospital has agreed to provide extensiveadditional mental health services for childrenand adolescents; more in-patient beds; a new program to treat children from birth to fiveyears; an expanded autism program; and atransitional program from in-patient toout-patient services.The state would re-allocate money thatwas set aside last year for NOAH and relatedmental health care facilities to Children'sHospital. In exchange, Children's Hospitalwould in good faith consider and planadditional services, including drug and alcoholaddiction programs; day treatment services;longer-term in-patient care with educationaland therapeutic services; and devices for children in the juvenile justice program.
BILINGUAL HIGHWAY GUIDE SIGNS
*
would require theDepartment of Transportation andDevelopment to adopt a supplement to thespecifications manual, subject to approval bythe U.S. Department of Transportation,Federal Highway Administration, to contain a process to allow parish governing authoritiesto request bilingual guide signs along state andfederal highways within their boundaries. Thesupplement would require uniformity for all bilingual guide signs. The guide signs woulddisplay terms in both English and the languagerequested by the parish governing authority.Submissions of Louisiana Frenchterms would require the approval of theCouncil for the Development of French inLouisiana.The legislation requires DOTD to bear the cost of the production and installation if a bilingual guide requested by the parishgoverning authority is set for replacement or installation in the fiscal year that the request ismade. The parish governing authority shall bear any increased costs in production and/or installation.However, the proposal requires the parish governing authority to bear the entire
HOUSE NOTES
Louisiana House of RepresentativesCommunications Office2013 Regular SessionWeek Three, April 26, 2013
 
Page -2-cost of the production and installation if a bilingual guide sign is not set for replacementor installation in the fiscal year the request ismade.
TRANSPORTATION
*"Contract carrier" is defined as atransportation company operating in intrastatecommerce by motor vehicle or bus under contract to transport railroad employees for compensation, under provisions of 
.The proposed law would create safetyregulations for contract carriers transportingrailroad employees, including provisions for driver qualifications, drive time, alcohol andcontrolled substance testing, vehicleinspections, records, violations and penalties,definitions and related matters.HB409 is scheduled for floor debateApril 30.
BUDGET
*The House Committee onAppropriations considered several instrumentsthis week aimed at clarifying the state's budget process, the Revenue Estimating Conference'srole in the process, which provisions can beappropriated and which provisions cannot, anddiscretionary vs. non-discretionary spending.Under the state's constitution,appropriations of all money are required to bedeposited in the state treasury,
except 
federalsource funds, higher education self-generatedrevenue, interagency transfers, and theconstitutional allocations to the parishseverance tax and royalty receipt distributions(oil and gas).
, pending House floor debate, provides for the Revenue EstimatingConference forecast to include a projection of all state general fund, self-generated revenuesand statutorily-dedicated funds, and requiresthe conference to designate certain funds asnonrecurring. HB437 provides for limitationson appropriations, as well.
 
*
, reported favorably, provides for the role of the RevenueEstimating Conference in the expenditure of state funds, including determining whatmoney is defined as nonrecurring.The legislation also provides that thegovernor's budget recommendation shall notcontain contingent appropriations or usenonrecurring revenues for purposes other thanthose specifically authorized by theconstitution.A proposed constitutional amendment,HB435 will be submitted to voters at thestatewide election on November 4, 2014.*Both
, a proposedconstitutional amendment, and
, pending House final passage, wouldrequire spending due to constitutional or other mandates to be considered in a separateappropriations bill from spending that is notrequired to be funded, if health care or higher education funding is reduced.Both instruments would require thelegislative auditor to determine if the proposed budget for higher ed or health care are lessthan the executive budget than previouslyappropriated in the last legislative session.*
, pending House final passage,would, with a two-thirds vote of both housesconcurring, direct the commissioner of administration to reduce the expenditure limitfor Fiscal Year 2013-2014 from$15,686,646,424.00 to $12,916,140,954.00.The provisions of HCR6 wouldestablish the expenditure limit for FY 2014 at$12,916,140,654 for the purpose of 
 
Page -3-calculating the limit for 2015 and thereafter.
CENTRALIZED DEBT COLLECTION
*
would create theOffice of Debt Recovery (ODR) within theDepartment of Revenue, and would requirethe office to collect delinquent debts on behalf of all state agencies that do not have debtcollection contracts with the attorney general'soffice.The statutory collection authority of each agency to collect the debt would betransferred to ODR, which is authorized to useany means to collect that agencies cancurrently use, including bank accountgarnishment as authorized for child supportcollections.Finally, HB629 would authorize theODR office to exercise authority relative tothe suspension or denial of drivers' licenses,the suspension, revocation, or denial of hunting or fishing licenses, or to withhold,offset, levy, garnish, or seize payments of  progressive slot machine annuities and cashgaming winnings in collecting delinquentdebt. The office would be authorized tosuspend, revoke, deny, or request thesuspension, revocation, or denial of anylicense, professional license, or permit issued,granted, or renewed by the state due to adebtor owing the state a delinquent debt.House Bill 629 is pendingconsideration by the full House.
CREDIT CARDS/STATE AGENCYTRANSACTIONS
*
, pending House final passage, would require all state agencies toaccept credit cards, debit cards or similar  payment devices as payment for state chargeson transactions, including taxes, fees, charges,licenses, service fees or charges, fines, penalties, interest, sanctions, stamps,surcharges, assessments, or any other obligation to any state entity.
EDUCATION
*
reported favorably,would require the state Board of Elementaryand Secondary Education to revert to theformula used for the 2011-2012 school year todetermine letter grades for schools or schooldistricts.The legislation also requires thatgranting rewards or taking corrective actions based on letter grades be made according tothe same rules used in the 2011-2012 schoolyear.
TRACKING DEVICES FOR MINOR CHILDREN
*
provides an exceptionto the crime that prohibits the uses of trackingdevices.When the parents of the minor childare living separate and apart or are divorcedfrom one another, this exception would applyonly if both parents consent to the tracking of their minor child's location and movements.If one parent has been granted solecustody, the consent of the non-custodial parent would not be required.HB361 is pending House floor action.
FORGED INSPECTION STICKERS
*
, pending Houseconsideration, would create the crime of forgery of a motor vehicle inspectioncertificate.Under this proposal, the criminal penalty for the commission of the offense isfive years imprisonment with or without hardlabor, a fine of $5,000, or both.
PRIOR ARRESTS
*
,
pending action by the

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