HOUSE NOTES

Louisiana House of Representatives Communications Office 2013 Regular Session Week Six, May 17, 2013

On Wednesday, the Revenue Estimating Conference recognized an extra $155 million available for the upcoming budget year. The additional revenue estimate is due to stronger personal income tax collections. The following are highlights of some of the issues considered this week that generated public interest. TRSL MEMBERSHIP * House Bill 727, approved by the House, 57-40, provides for membership eligibility to the Teachers' Retirement System of Louisiana (TRSL), and provides that the following persons shall be included: 1. The president and staff of the Louisiana Federation of Teachers hired by the federation before September 1, 2013, who were members of TRSL prior to such employment. 2. The president or secretary and staff of the Louisiana Association of Educators, hired by the association before September 1, 2013. 3. The director and staff of the Associated Professional Educators of Louisiana, hired by the association before September 1, 2013. 4. The director and staff of the Louisiana Resource Center for Educators hired by the center before September 1, 2013. However, employees of these associations hired on or after September 1, 2013, will not be allowed to become members of TRSL.

CASH BALANCE PLAN /ENROLLMENT * The House Retirement Committee reported favorably Senate Concurrent Resolution 1, which would suspend the implementation date of the cash balance law until July 1, 2014. The committee also reported House Bill 68 by substitute House Bill 729, which delays the implementation of the cash balance plan provisions until the date six months after the Division of Administration receives a favorable ruling from the Internal Revenue Service regarding the Social Security equivalency of the cash balance plan. Additionally, HB729 makes the cash balance plan optional for judges. STATE CONTRACTS * House Bill 73, pending House final passage, would cut the state's professional, personal, and consulting contracts by 10%. The proposed legislation would require the Office of Contractual Review (OCR) to submit reports on the implementation status of the contract reduction to the Joint Legislative Committee on the Budget. OCR would not be required to approve any contract if such approval would increase the total dollar amount of contracts above the minimum 10% reduction, unless the contract meets all of the following criteria: 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, 5.) the commissioner of administration determines that the proposed contract represents a priority expenditure for Louisiana state government. STATE CONSTRUCTION BILL * House Bill 2, passed unanimously in the House, provides for the capital outlay budget and program for FY 2013-2014. SURROGATE BIRTH CONTRACT GUIDELINES * Senate Bill 162, pending House final passage, provides for gestational surrogacy contracts, for definitions, birth certificates and numerous related matters. Gestational surrogacy contracts may be court approved after record checks by the local sheriff or state police, the Department of Children and Family Services, and the Supreme Court. SB162 provides, through court order, that the intended parents shall be recognized as the legal parents before the birth of the child. All court proceedings shall be confidential. The legislation provides that the Department of Children and Family Services may request a post-birth order from the court if the intended parents fail to do so. The court, through a post-birth order, would direct the issuance of a new birth certificate and specifies the contents of the birth certificate.

COERCED ABORTION * House Bill 278, which passed the House, 93-0, would add "coerced abortion" to the definitions of child abuse listed in present law. HB278 defines coerced abortion as the use of force, intimidation, threat of force, threat of deprivation of food and shelter, or the deprivation of food and shelter by a parent or any other person in order to compel a female child to undergo an abortion against her will. WHERE'S BABY? LOOK BEFORE YOU LOCK * Senate Concurrent Resolution 5, which has completed the legislative process, urges and requests the Department of Children and Family Services, the Department of Health and Hospitals, and the Department of Public Safety and Corrections, Public Safety Services, and the Office of Motor Vehicles to promote statewide, the National Highway Traffic Safety Administration's "Where's baby? Look before you lock campaign." The campaign is a joint effort between the National Highway Traffic Safety Administration and Safe Kids Worldwide to prevent child deaths from heatstroke. NEW SCHOOL DISTRICT * Senate Bill 199, reported favorably and recommitted to Appropriations, would create the Southeast Baton Rouge Community School Board and school system in East Baton Rouge Parish. The legislation provides for the school system, including its establishment and geographic boundaries; the school board and interim school board; board membership, apportionment, qualifications, method of selection, terms of office, filling of vacancies, compensation, expenses, powers, duties, and responsibilities; facilities and property; the

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collection and remittance of taxes; student services; applications for funding; the reapportionment of the East Baton Rouge Parish School Board; costs related to retired employees; effectiveness and implementation; and for other related matters. NEW MARKETS JOBS TAX CREDIT * House Bill 726 would establish the Louisiana New Markets Jobs Act for purposes of a tax credit that may be claimed against insurance premium tax. Eligibility for the credit would be based on the investment of private capital in the amount of $110 million to trigger tax credits for low-income rural or urban community businesses located in Louisiana. House Bill 726 passed the House by a vote of 65-31. NEW ORLEANS RIVERFRONT * House Bill 516, pending House floor action, would grant authorization to the Ernest N. Morial-New Orleans Exhibition Hall Authority to borrow money and issue bonds to pay for the Convention Center's Phase V Expansion Project along the Mississippi River in the Central Business District of New Orleans. HB516 would allow a joint venture between the authority and a private entity for a tourism development plan to enhance the convention center and install basic infrastructure to facilitate private development on property owned by the authority. EAST FELICIANA TAX EXCLUSION * House Bill 163, pending House final passage, would make a mandatory exemption from sales and use taxes for repair charges in East Feliciana Parish, when the repaired tangible personal property is delivered to a customer out of state.

CHALMETTE FERRY SERVICE * Senate Bill 215, reported with a m e n d m e n t s a n d r ec o m m i t ted t o Appropriations, would require the Department of Transportation and Development to own, and provide insurance and contribute $4,000,000 annually from its operating budget for the continued operation of the Chalmette ferry, formerly operated by the Crescent City Connection. Additionally, SB215 would create the New Orleans Ferry Fund, and would authorize cooperative agreements for ferry service, establish ferry fares, and dedicate permit fees and taxes. JUDICIARY * Senate Bill 5, a proposed constitutional amendment, would remove the mandatory retirement age of judges. SB5 is pending the House Committee on Civil Law and Procedure. COMMUNITY COLLEGES CONSTRUCTION PROJECTS * Senate Bill 204, pending House Appropriations, is a mechanism that would allow Louisianas community and technical colleges to borrow more than $250 million for 28 specific construction projects around the state, including upgrades to Baton Rouge Community College and Delgado Community College in New Orleans. The bonds would be issued outside of the capital outlay process and not subject to legislative approval. The project would be funded with $251,610,500 in appropriation dependent bonds issued through the Louisiana Local Government Environmental Facilities and Community Development Authority or other public trust with the approval of the State Bond Commission. The projects would require private matching funds of no less than 12% .

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SB204 specifies that no project shall be financed until all private funds are available. TEXTBOOK CHOICE * House Bill 116, approved by a vote of 73 yeas, 22 nays, would require BESE to annually adopt a list recommended textbooks and other instructional materials that align with state content standards in the subjects of English language arts, mathematics, science, and social studies. The Department of Education would be required to offer a review service of such textbooks and other instructional materials to evaluate their alignment to state content. House Bill 116 adds that the governing authority of each public elementary and secondary school may purchase textbooks and other instructional materials that have not been recommended by BESE or reviewed by the state Department of Education. SHERIFFS * Senate Bill 8, would authorize sheriffs to use prisoners who perform manual labor of their own free will to work at churches, synagogues, mosques, or other buildings or structures used primarily for religious worship. SB8 is scheduled for floor debate on Monday, May 20. ELDERLY INMATES * House Concurrent Resolution 111 would authorize and request the Department of Public Safety and Corrections to study the feasibility and cost effectiveness of transferring elderly and infirm inmates to nursing home care and to report its findings to the Louisiana Legislature prior to the convening of the 2014 Regular Session. HCR111 is scheduled for floor debate on Monday, May 20.

TOURNAMENT BASS FISHING * Senate Current Resolution 22, scheduled for floor debate on Monday, May 20, urges and requests the Louisiana High School Athletic Association to establish and sanction the competitive sport of tournament bass fishing. SCHOOL CRISIS MANAGEMENT * House Bill 718, which passed both houses of the legislature, provides that each public school principal shall prepare a crisis management and response plan jointly with local law enforcement, fire, public safety and emergency preparedness officials to address school safety and the incidence of a shooting or other violence at schools, on school buses and at school-related activities. Each school principal would be required to submit the plan in writing to the local school superintendent for approval, rather than the school board, at least once annually, including upon each revision. Additionally, each school principal would be required to notify all teachers and other school employees of plan revisions. Further, HB718 would require the local superintendent to report annually to the public school governing authority on the status of the plan of each school under the governing authority's jurisdiction. HB718 requires that classroom doors with locks, in compliance with fire safety standards, remain locked during instructional time and that locked doors shall not obstruct egress. The proposed law requires safety drills, notification, and training, and provides for rules and regulations. Finally, HB718 may provide for student counseling by mental health professionals after a shooting or other violent or emergency situation.

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