HOUSE NOTES

The Latest News from the State Capitol Louisiana House of Representatives Regular Session May 18, 2012

The House this week passed several budget-related bills. House Bill 822, legislation to allow funds to be moved among various state funds passed by a vote of 63-38. House Bill 1044, the legislative appropriations bill, was sent to the Senate for further consideration. The bill includes a standstill budget for the House and a 10 percent increase for the Senate. Also passing was House Bill 2, the Capital Outlay plan for state construction. The bill passed the House by a vote of 85-2. A compromise was announced between landowners and oil companies concerning environmental damage claims better known as "legacy lawsuits". Under the compromise, parties involved can admit responsibility for damage without admitting liability for private damages. Once this occurs, the Dept. of Natural Resources will develop a plan to protect the environment, public health, safety and welfare of the state. The plan will then come under the oversight of the secretaries of the departments of Natural Resources and Environmental Quality and the Commissioner of Agriculture. The plan and comments of the agencies involved will be admissible in court. During this process, no communication will be allowed between any employee, contractor or representative of the state.

DRUG TESTING FOR WELFARE RECIPIENTS

* House Bill 380, approved by a vote of 65-26, would require participants in the 1

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 which would provide for the cost of the initial testing of the participants. The cost associated with all subsequent drug screening of a participant shall be borne by the participant. 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 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. The bill was amended on the House floor specifying the child welfare division of the department shall investigate, without exception, every case in which an applicant with children, who is otherwise eligible for FITAP benefits, is denied based on the failure to complete the required education and rehabilitation program or a subsequent positive drug screen as provided within seventy-two hours of the denial. 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.

The House Bill 620 definition of "social networking website" includes the following: (1) A "social networking website" shall only include those Internet web sites of which the primary purpose is facilitating social interaction with other users of the website and allows users to create web pages or profiles about themselves that are available to the public or other users and offers a mechanism for communication among users. (2) A "social networking website" shall not include an Internet website with the primary purpose of facilitating commercial transactions or the dissemination of news, or which provides only one of the following services: photo-sharing, electronic mail, or instant messenger. Finally, House Bill 620 provides for notice of this crime to sex offenders.

HOMICIDE/TAXI DRIVERS
* Senate Bill 639, which awaits consideration by the full House, adds the killing of a taxicab driver to the crime of first degree murder. Under this proposed law, a first degree murder is committed when the offender has a specific intent to kill or to inflict great bodily harm upon a taxicab driver who is in the course and scope of his employment. The legislation defines "taxicab" as a motor vehicle for hire, carrying six passengers or less, including the driver thereof, that is subject to call from a garage, office, taxi stand, or otherwise.

SEX OFFENSE
* House Bill 620, which has received final legislative approval, creates the crime of unlawful use of a social networking website. House Bill 620 provides that it shall be unlawful for sex offenders who are required to register as a sex offender to use social networking websites and repeals the present law prohibition on the use or access of chat rooms or peer-to-peer networks. The proposed law also removes the provision in present law that allows the sex offender to get permission to use social networking websites from his probation or parole officer or the court of original jurisdiction. 2

MUSEUM CLOSURES
* Senate Bill 268 would authorize the Department of State to temporarily close museums under its jurisdiction when no funds are appropriated for the operation of the facilities. These museums include the Old State Capitol, the La. State Exhibit Museum, the La. State Cotton Museum, the La. State Oil & Gas Museum, the Garyville Timbermill Museum, the Livingston Parish Museum & Cultural Center, the La. Delta Music Museum,

the La.Military Museum, the Jean Lafitte Marine Fisheries Museum, the Tioga Heritage Park & Museum, the Mansfield Female College Museum, the Shreveport Water Works Museum, the Chennault Aviation& Military Museum, the Spring Street Historical Museum, the La. Military Hall of Fame &Museum, the Germantown Colony Museum, the Schepis Museum and the Eddie G. Robinson Museum. The Department of State would be required to maintain the facilities during any period of temporary closure. The bill also provides that the Department of State may accept and use gifts, grants, bequests, donations, endowments, or funds from any public or private source to support the operations of the museum. Senate Bill 268 is pending House final passage.

TEACHERS RETIREMENT
* Senate Bill 19, pending Senate concurrence, allows rehired retirees reemployed as substitute teachers or instructors of adult education or literacy programs to receive benefits during reemployment. The legislation provides that the retired teacher's earnings from his return to active service shall not exceed twenty-five percent of his benefit during any fiscal year. If the actual earnings exceed this amount, the benefits payable to the retiree shall be reduced by the amount in excess of twenty-five percent of his benefit. If any retired member returns to active service in a position qualifying him as a retired teacher under more than one provision of SB19 providing for an earnings limitation of twenty-five percent of his retirement benefit in any fiscal year, the twenty-five percent earnings limitation shall apply to the total earnings of such a retired teacher for all such positions in such fiscal year. Under present law, a retired teacher is defined as any retired member who returns to work full-time or part-time as a classroom teacher offering instructional services to any 3

student in grades K through 12 in a"critical shortage area"; any retired member who returns to active service as a full-time certified speech therapist, speech pathologist, or audiologist whose position of employment requires a valid La. ancillary certificate approved and issued by the state Dept. of Education in a school district where a shortage exists; and any retired member who returns to active service on or before June 30, 2010. SB19 includes retirees who are re-employed as substitute pre-K through 12 classroom teachers. SB19 adds (a) retired members who are instructing adults through adult education of literacy programs administered through a public institution of elementary or secondary education, and (b) retired members who hold advanced degrees in speech therapy, speech pathology and audiology. Employer reporting dates are changed to within 45 days after June 30 and no longer required to be made to the House and Senate committees on retirement. Instead, the information would be reported directly to the Teachers Retirement System of Louisiana (TRSL). The employer would be liable to TRSL for any overpayment of benefits.

RE-EMPLOYMENT
* Senate Bill 20, which has completed the legislative process, would allow retired TRSL members rehired as adjunct professors to receive benefits during reemployment. Under this legislation, "adjunct professor" shall mean part-time faculty, including instructors, assistant professors, associate professors, and professors, assigned the professional activities of instructing pupils or conducting research at a public institution of postsecondary education. Such instruction may be provided in person or through an approved medium such as television, radio, computer, Internet, multimedia telephone, or correspondence and may be delivered inside or outside the classroom or in other teacher-student settings. Such an adjunct professor's earnings

from his return to active service shall not exceed twenty-five percent of his benefit during any fiscal year. If actual earnings exceed this amount, the benefits payable to the retiree shall be reduced by the amount in excess of twenty-five percent of his benefit.

ABORTION
* Senate Bill 708 would require that the fetal heartbeat be made audible to, and ultrasound images be displayed for review by a pregnant woman prior to an abortion. The proposed law further requires the medical personnel to provide a simultaneous and objectively-accurate verbal explanation of what the ultrasound is depicting in layman's terms. SB207 deletes the requirement that the explanation include the presence of external members and internal organs and instead requires that such explanation include whether cardiac activity is present. The pregnant woman would be provided the opportunity to ask questions during the description by the medical personnel. The pregnant woman would be provided the option of requesting an ultrasound photograph or print of her unborn child. Prior to the ultrasound, the person who is to perform the abortion would be required to obtain from the pregnant woman a copy of a completed, signed, and dated election form to be produced and made available by DHH. The proposed law deletes present law provisions relative to contents of the oral statement to be read to the pregnant woman in the examination room and instead requires medical personnel to orally read the following statement prior to the beginning of the ultrasound examination: "During this ultrasound examination, you have the right to an oral explanation of the results. You have the option to view the images on the ultrasound screen. The heartbeat of the unborn child, if present, will be made audible, unless you declined on the election form. You have the right to receive answers to any questions you ask about your ultrasound examination. 4

You have the right to receive an ultrasound photographic print, which will be provided at your request." Finally, pregnant rape survivors or victims of incest who have reported the act to law enforcement officials shall have the opportunity to opt-out of the verbal explanation requirement related to the mandated obstetric ultrasound but shall have the option to view or listen to the required medical information. Senate Bill 708 awaits Senate concurrence in House amendments.

ANTI-BULLYING
* Senate Bill 764 would prohibit bullying at schools or school-sponsored events. SB764 extends the discipline responsibility of students in public elementary and secondary schools regarding bullying to school buses and school-sponsored activities and functions, and defines bullying and patterns of bullying behavior. Additionally, a school board would not be required to indemnify an employee where there is a specific decree in the judgment that the employee purposefully or with gross disregard of the facts ignored the complaints of the student, or the student's parent or guardian, that the student was being bullied and the bullying lead to the physical harm or death of the student. The proposed law provides for the student code of conduct to specifically address the behavior constituting bullying, the effect the behavior has on others, including bystanders, and the disciplinary and criminal consequences, and the definition of bullying. Each school governing authority would be required to provide at least four hours of training for all school employees, including bus drivers, with respect to bullying each year. The training would specifically address: (1) How to recognize the behaviors defined as bullying. (2) How to identify students at each grade level in the employee's school who are most likely to become victims of bullying, while not

excluding any student from protection from bullying. (3) How to use appropriate intervention and remediation techniques and procedures. (4) The procedures by which incidents of bullying are to be reported to school officials. BESE would be required to develop and adopt rules and regulations prior to January 1, 2013, relevant to the procedures used to report and investigate bullying including: (1) Notice to students, parents, and legal guardians regarding the bullying policy. (2) Reporting, (3) Investigation of bullying incidents (4) Appeal. (5) Parental notification regarding incidents of bullying. (6) Disciplinary action against the student. (7) Options for students who have been victims of bullying multiple times. (8) Documentation Senate Bill 764 awaits consideration by the full House.

a significant risk because of its contribution to lead poisoning or lead exposure to children who are six years of age or younger. (c) Is a child-occupied unit and common area in a multi-use building. The proposed law requires the owner of any child-occupied facility, that is in operation after August 1, 2012, to have an inspection, conducted by an accredited inspector or risk assessor for the presence of lead hazards before the facility becomes a child occupied facility. No inspection would be required if the facility or its grounds have been inspected or have been the subject of lead abatement or remediation since 1978. If a lead hazard is found, the findings will be reported to the state health officer and secretary of DEQ and the state health officer shall report the finding to the legislature in the annual LA Health Report Card. Senate Bill 200 awaits consideration by the full House.

FAILED TO ADVANCE
* House Bill 758 would have allowed the governor to activate national guard troops to assist local law enforcement when the murder rate reaches a certain percentage, based upon population. The bill was voluntarily deferred in the House Judiciary Committee. * House Bill 964 would have merged LSU-Shreveport and Louisiana Tech. After House floor debate, the author, who said he did not have the 70 votes necessary for passage, returned the bill to the calendar.

LEAD HAZARD
* Senate Bill 200 would require the Department of Environmental Quality to conduct an inspection of certain buildings for the presence of lead hazards. The proposed law defines a childoccupied facility to mean a building or portion of a building or common area, other than the child's principal residence, and meets one of the following: (a) Is visited regularly by the same child, who is six years of age or younger, on at least two different days within any week, provided that each day's visit lasts at least three hours, that the combined weekly visits last at least six hours, and that the combined annual visits last at least sixty hours. These may include public and non-public elementary schools, day care centers, parks, playgrounds and community centers. (b) Has been determined by the department, in conjunction with the state health officer, to be 5