HOUSE NOTES

The Latest News from the State Capitol Louisiana House of Representatives Regular Session May 11, 2012

DRUG TESTING FOR WELFARE RECIPIENTS

* House Bill 380 would require participants in the Independence Temporary Assistance Program (FITAP) to consent to possible random drug testing. Present law provides for the Department of Children and Family Services (DCFS) to institute a mandatory drug testing program for certain adult recipients of public assistance. Under HB380, twenty percent of all recipients of FITAP, chosen at random, would be required to be drug-tested. Additionally, the proposed law requires that testing shall comply with standards utilized by the Department of Health and Hospitals, Office of Behavioral Health. All FITAP recipients would be required to sign a written consent form to drug testing and any FITAP recipients that do not sign the consent form would not be eligible to receive FITAP cash benefits. DCFS would be authorized to promulgate rules and adopt regulations regarding the random selection of the 20% of FITAP recipients and the implementation of the drug testing process in the most cost-efficient and cost-effective manner possible. HB380 specifies that a participant who fails to complete the required education and rehabilitation program within 90 days will be suspended from participation in the cash assistance program for a period of one year from the date of a positive drug screen or until the satisfactory completion of the program. The proposed law provides that a participant 1

who is subsequently identified by a verified positive test result as an illegal drug user will be suspended from participation in the cash assistance program for one year from the date of the positive drug screen. The suspended participant would be required to reapply for assistance after the suspension period and completion of the reentry program required by law. HB380 also prohibits the suspension of a participant from the cash assistance program while the participant is taking part in the education and rehabilitation program, or when the participant is actively engaged in treatment that exceeds 90 days, or when an education and rehabilitation program is unavailable to the participant. Finally, the proposed law provides that if the FITAP Drug Testing and Treatment Fund has deposits sufficient to administer testing of more than 20% of adults, the percentage testing will be based on the adequacy of the fund. If approved, House Bill 380 would become effective on January 1, 2013. House Bill 380 is pending House final passage.

LOUISIANA TECH/LSU SHREVEPORT MERGER

* House Bill 964, pending House final passage, provides for the transfer of Louisiana State University at Shreveport to the University of Louisiana System and all matters related to the transfer of the facilities including resources, funds, obligations, and functions of the institution and related foundations; and the merger of Louisiana Tech University and

Louisiana State University at Shreveport and all their transition responsibilities. Additionally, the legislation provides for cooperative agreements; accreditation issues; student enrollment, program completion, and the awarding of diplomas; employees; and funding. The bill requires LSU-S and the UL System board to take every action necessary to comply with SACS requirements. The UL System board would be required to develop policies and procedures related to status and tenure of LSU-S faculty and to develop a comprehensive merger plan. Finally, HB964 requires the commissioner of administration to ensure that funds to effect the transfer shall not impact the higher education funding formula. The bill also requires the legislature to appropriate sufficient funds to effect the transfer.

5.) if the commissioner of administration determines that the proposed contract represents a priority expenditure for Louisiana state government. If approved, House Bill 327 would become effective July 1, 2012.

STATE EMPLOYEE REDUCTIONS

* House Bill 328, pending House final passage, would make personnel reductions in state government. Under this proposal, a minimum of five thousand positions in the executive branch of state government would be eliminated over three successive fiscal years, beginning with Fiscal Year 2012-2013, and would provide for a reduction in personnel expenditures of at least five hundred million dollars by the beginning of the Fiscal Year 2015-2016. The commissioner of administration would be required to establish the baseline number of positions for each employment reduction unit and the reduction factor applicable to each employment reduction unit no later than September 15, 2012. The reduction factor means the percentage of all authorized and appropriated positions for the executive branch of state government as of July 1, 2012, that were authorized and appropriated for each employment reduction unit on that date. For each of the three fiscal years beginning with FY2013, each employment reduction unit shall reduce the baseline number of positions for the employment reduction unit by abolishing a number of positions at least equal to 5,000 multiplied by the reduction factor for the employment reduction unit to effectuate a savings of at least $166.7 million per fiscal year, up to $500 million by the beginning of FY2016. Additional ly, HB328 requires oversight by the Joint Legislative Committee on the Budget.

STATE CONTRACTS
* House Bill 327, pending House final passage, provides that the total dollar amount for professional, personal, and consulting service contracts under the jurisdiction of the office of contractual review (OCR) for Fiscal Year 2012-2013 shall be reduced by ten percent of the total dollar amount for such contracts for Fiscal Year 2011-2012. The OCR would be required to submit status reports to the Joint Legislative Committee on the Budget. The proposed legislation provides that OCR will not approve any contract if approval would increase the total dollar amount of contracts above the minimum 10% reduction unless the following criteria are met: 1.) Either no employee of the contracting department is both competent and available to perform the services, 2.) the services are not available as a product of a prior existing contract, 3.) the contracting department has submitted to OCR a written plan to monitor and evaluate the performance within the contract, 4.) it is more cost effective to obtain the proposed services through the contract, or, 2

MOTOR VEHICLES
* Senate Bill 601 requires that vehicle inspections be offered for both one and two year periods. The two-year inspection would

not be available in non-attainment parishes and municipalities under the federal Clean Air Act or regulations by the United States Environmental Protection agency, to commercial vehicles, and to student transportation vehicles. The bill was unanimously approved by the House transportation committee and awaits debate by the full House.

RETIREMENT BENEFITS
* House Bill 9, a proposed constitutional amendment, authorizes the legislature to provide for the forfeiture of all or part of the benefits from a public retirement system, plan, or fund in this state by any person who holds or held any public office or employment and who is convicted of a felony committed during his public service. The legislature may provide for the application of all or part of any forfeited benefits to the unfunded accrued liability of the system, plan, or fund. The provisions of House Bill 9 would apply only to persons employed, re-employed, or elected on or after January 1, 2013. House Bill 9 would be submitted for voter approval at the statewide election held November 6, 2012. House Bill 9 passed the House by a vote of 101-0.

successfully completed the intensive incarceration program (IMPACT). 3. The person has not been convicted of any other offense since completion of his sentence. 4. The person has no criminal charge pending against him. 5. A minimum of 10 years has passed since completion of his sentence. 6. The person has not received a prior expungement of a felony. Finally, SB403 restricts an expungement of a felony conviction once in a person's lifetime.

JURY TRIALS
* Senate Bill 5 would allow jurors to take notes and use them during the jury's deliberations. However, such notes shall not be preserved for review on appeal. The trial judge shall ensure the confidentiality of the notes during the course of the trial and the jury's deliberations. At each recess prior to jury deliberation, the court shall collect and maintain any and all notes made by each juror and upon reconvening, the court shall return to each juror his individual notes. Immediately upon return of the jury's verdict, the court shall cause the notes to be destroyed. Senate Bill 5 is pending consideration by the full House.

CRIMINAL RECORDS
* Under Senate Bill 403, pending House final passage, a court may order the expungement of the record for a felony conviction of any person if the following conditions are met: 1. The person was convicted of a nonviolent first offense felony for distribution, dispensing, or possession with intent to produce, manufacture, distribute, or dispense amphetamine or methamphetamine or cocaine or oxycodone or methadone when the amount of amphetamine or methamphetamine or cocaine or oxycodone or methadone involved was 28 grams or less. 2. The person was committed to DPS&C and 3

BUS DRIVERS
* Under present law, school bus drivers, after a three-year probationary period, are eligible to become permanent employees. House Bill 293 retains the present law but states that any driver employed on or after July 1, 2012, would not be eligible for tenure. The bill was approved, 61-39, by the House and heads to the Senate for further consideration.

BOLL WEEVIL ERADICATION

* Senate Bill 646 requires that all monies received from the Boll Weevil Eradication Fund be transferred directly to the Louisiana Agricultural Finance Authority to provide for

the expenses of the program. The legislation would become effective July 1, 2012. Senate Bill 646 has received full legislative approval and has been sent to the governor.

W H I S T L E B L O W E R PROTECTION
* Senate Bill 158, which has been sent to the governor, provides that no employee shall be discharged, demoted, suspended, threatened, harassed, or discriminated against in any manner in the terms and conditions of his employment because of any lawful act engaged in by the employee or on behalf of the employee in furtherance of any action taken to report the sexual abuse of a minor by any fellow employee to law enforcement, whether the fellow employee is a co-worker, supervisor or subordinate. An employee of a public or private entity may sue for damages associated with any action taken by the employee which is in furtherance of the protection of a minor. Such an employee shall be entitled to treble damages plus court costs and reasonable attorney fees. However, a plaintiff shall not be entitled to recovery if the court finds that the plaintiff instituted or proceeded with an action that was frivolous, vexatious, or harassing.

FAILED TO ADVANCE
* Under House Bill 1095 Louisiana would have been part of an interstate compact to elect the president by national popular vote. The bill failed to pass the House by a vote of 29-64. * House Bill 820 would have required the teaching of age appropriate sex education in public schools. The bill failed to pass the House Education Committee by a vote of 9-9. The same bill failed earlier this session by a vote of 8-8.