HOUSE NOTES

Louisiana House of Representatives Communications Office 2014 Regular Session Week Four, April 4, 2014

To date, the House has introduced 1,245 House bills and passed 204. MOTOR VEHICLES * House Bill 364, pending House final passage, would extend the time period from five years to 10 years in which a person's previous convictions of operating a motor vehicle under the influence of alcohol and/or drugs or refusal to submit to a chemical test for intoxication can be considered in determining the number of offenses related to suspension of driving privileges. * House Bill 1020, pending House final passage, would authorize the removal of license plates on vehicles operated by persons with suspended or revoked driving privileges. Under this proposed law, a law enforcement officer would be required to: 1.) Determine if the driver's license of the person stopped, who is licensed in the state, is suspended or revoked. 2.) Determine if the operator is the registered owner. 3.) Remove the license plate from the vehicle. 4.) Issue the operator of the vehicle a notice of suspension or revocation of driving privileges. Next, the legislation requires a copy of the notice of suspension or revocation of driving privileges be attached to the motor vehicle license plate, and requires that both

the notice and license plate be delivered to the local Office of Motor Vehicles within three calendar days. HB1020 also requires the department to revoke the registration of motor vehicle after verifying that the operator of the motor vehicle is the registered owner of the vehicle. The Office of Motor Vehicles is required to store any license plate removed at the office to which it was delivered for seven calendar days after receipt. Additionally, HB1020 provides that the notice of suspension or revocation of driving privileges serves as notice of judicial review rights and specifies that any action for judicial review of the suspension or revocation of driving privileges must be in the same manner and under the same conditions as present law. The proposed law provides a sevenday period to comply with the law, including the payment of fees and penalties. If the operator fails to comply within seven business days of the receipt of the notice of driver's license suspension or revocation, the Office of Motor Vehicles shall destroy the plate. If the operator cannot prove that he was lawfully operating a motor vehicle within seven days of the offense, then he is required to pay a $10 reinstatement fee to the Department of Public Safety and Corrections. The reinstatement fee shall be in addition to

any other reinstatement requirements imposed for each pending suspension or revocation on the operator's driving record at the time of reinstatement. HB1020 provides that if the operator and owner of the vehicle was properly licensed in this state at the time notice was issued, any valid license plate shall be returned within 48 hours at no cost to the owner. Finally, a temporary sticker, denoting its use in lieu of an official license plate, would be attached to the rear end of the motor vehicle. The sticker shall bear the issue date written or stamped in numerals not less than three inches in height and valid for a period of seven days. After the expiration of the seven day period, the vehicle shall not be operated on the public streets and highways until the vehicle is registered. TRAFFIC CAMERAS * House Bill 801, pending action on the House floor, would prohibit the issuance of traffic citations from an automated speed enforcement system for a violation less than ten miles over the posted speed limit, except in a school zone. * House Bill 896, which passed the House by a vote of 95-1, provides that effective January 1, 2015, the use of photo speed enforcement devices on interstate highways would be prohibited. Additionally, municipal or parish authorities shall not install or utilize automated speed enforcement devices to regulate traffic on interstates within their corporate or territorial limits. Finally, the use of automated speed enforcement devices would be authorized on sections of interstates where construction work is being performed, when construction

workers are present. PRISONER RE-ENTRY * House Bill 781, reported favorably, would authorize the sheriff of Pointe Coupee Parish to implement a pilot program called the "Offender Re-entry Support Pilot Program," established within the Pointe Coupee Sheriff's Office. The proposed law shall include the following provisions: (1) An offender rehabilitation and accountability plan providing for defined goals following incarceration, resolution of any behavioral issues and introduction to community leaders where the offender will be released. (2) An educational and job skills training plan providing vocational and on the job training prior to release. (3) An employment preparation plan providing work skills, communication, attitude and personal responsibility. (4) A post-release support plan including housing plans, health care, insurance, transportation and substance abuse treatment. HB781 would also require a report from the sheriff to the Legislature regarding the implementation of the pilot program, and provides for an advisory council appointed by the sheriff to assist with the operation of the program. * House Bill 1255, pending House floor action (Substitute for House Bill 682), would provide parole eligibility by majority vote for offenders who have served 75% of the sentence imposed; completed at least 100 hours of a re-entry preparation program; and who have been convicted of the following crimes of violence: Solicitation for murder, manslaughter, aggravated battery, second degree battery,

Page -2-

aggravated assault, mingling harmful substances, simple kidnaping, aggravated criminal damage to property, first degree robbery, simple robbery, purse snatching, extortion, assault by drive-by-shooting, illegal use of weapons or dangerous instrumentalities, terrorism, aggravated second degree battery, aggravated assault upon a peace officer with a firearm, aggravated assault with a firearm, stalking, second degree cruelty to juveniles, aggravated flight from an officer and battery of a police officer. Additionally, HB682 creates the Programs to Reduce Recidivism Fund, which shall be administered by the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice to establish a grant program that shall distribute funds to local prison facilities to assist in establishing and reimbursing operations costs of local corrections rehabilitative programs. STUDENT INFORMATION * House Bill 555, pending House final passage, provides for limitations and prohibitions on the collection and sharing of student information. The proposed law defines "personally identifiable information" as two or more pieces of information that separately or when linked together can identify the person in a manner that is not known or readily available to the public. Personally identifiable information includes, but is not limited to, social security numbers, religious affiliations, student disabilities and student hobbies or interests. HB555 provides that student information collected by a city, parish, or other local public school board or school, the state Department of Education, or the State Board of Elementary and Secondary Education (BESE) for any purpose shall be

limited to basic information such as name and contact information, date of birth, the school the student is attending, and the student's grade level and shall not include any personally identifiable information. Under this proposal, student information collected and any opinions, c onclusions, recommendations, o r compilations related to such information shall be confidential and shall not be transmitted or shared with any person, entity, or agency by a city, parish, or other local public school board or school, the state Department of Education, or BESE without full disclosure to and written consent from the student's parent or legal guardian. Additionally, BESE would be required to provide a process for parental disclosure that would include: 1.) A clear identification of the student information collected and the purpose for collecting it. 2.) The dissemination of information on the disclosure process and requirements to the parent or legal guardian by posting it on the official websites of the school, school board, department and state board; sending it home with the students from school; and holding informational meetings in all public school systems to explain the process and provide for public comments and questions. 3.) The parental consent form would include deadlines for submitting the form and the expiration date for the form which shall not extend beyond one school year. 4.) Ensuring that information on the process is easily accessible and continuously updated as necessary. Finally, any city, parish, or other local public school board or BESE member, or any official or employee of a local public school board or school or the state Department of education in violation of the proposed law

Page -3-

would be punished by six months imprisonment or by a fine of up to $10,000. TAX REFUNDS * House Bill 436, pending House final passage, would limit the tax refund payment choices to check, debit card or direct deposit. HB436 specifies that if a personal income tax return filer does not choose a method of refund, payment will be paid by check only. HB436 would become effective with Tax Year 2014. * House Bill 912, which is pending House final passage, provides that for tax years 2013, 2014 and 2015, if a taxpayer chooses to receive a refund by debit card, the department shall allow the taxpayer 12 months to activate the debit card. CONTRACTORS * House Concurrent Resolution 35, which awaits consideration by the full House, seeks to repeal the plumbing provisions of the State Sanitary Code and instead, have the Louisiana State Uniform Construction Code Council adopt the International Plumbing Code, International Building Code, Chapter 29-Plumbing Systems, and the International Residential Code, VII-Plumbing, as part of the State Uniform Construction Code. The resolution also provides that the resolution is null and void and of no effect if House Bill 919 fails to become law. * House Bill 919, pending House final passage, would allow persons not licensed by the State Plumbing Board but licensed for municipal and public works utility construction to perform main-line utility construction, limited to the following: (a) Gravity sanitary sewer collection lines six

inches and larger, including manholes, main lines, wyes, and tees. (b) Sewer force mains four inches and larger. (c) Water mains four inches and larger, including fire hydrants, valves, and fittings. However, public works employees who are not licensed by the State Plumbing Board would not be permitted to perform any work on any gas main or service lines. * House Bill 1048, pending House final passage, would remove the authority of the state health officer to establish rules and regulations for safe building plumbing systems or the authority to revoke, suspend or refuse to renew a license, and transfers that authority to the Louisiana State Uniform Construction Code Council (LSUCCC). Additionally, HB1048 would prohibit the state health officer or the Office of Public Health of the Department of Health and Hospitals to supercede the authority of municipalities or parishes to enforce and interpret construction codes or circumvent the International Plumbing Code, as adopted and promulgated by the LSUCCC. In all cases of conflict between rules and regulations within the state's Sanitary Code and the rules and regulations adopted by the LSUCCC, the provisions adopted by the LSUCCC shall apply. CIVIL LAW * House Bill 917, pending House final passage, would remove the cause of action threshold amount required to be entitled to a jury trial in state civil court. SOCIAL MEDIA * House Bill 340, pending House final passage, would prohibit employers from requesting or requiring an employee or an applicant for employment to disclose

Page -4-

information that allows access to the employee's or applicant's personal online account. The proposed law defines personal online account as an online account used primarily or exclusively for personal communications. The proposed legislation prohibits an employer from discharging, disciplining, failing to hire or otherwise penalizing or threatening to penalize an employee or applicant for failure to grant access to the employees or applicants personal online account. HB340 also prohibits public and private educational institutions from requesting or requiring a student or prospective student to disclose information allowing access to the student's or prospective student's personal online account. The proposed law additionally prohibits expelling, disciplining, failing to admit or otherwise penalizing or threatening to penalize a student or prospective student for failure to disclose access information. Employers and education institutions are not prohibited access to electronic devices, accounts and services that are paid for or provided by the employer or educational institution. SCHOOL ZONE DISTRACTION * House Bill 370, pending House final passage, would prohibit the use of hand-held wireless telecommunications devices while traveling through active school zones. The proposed legislation exempts: (1) Reporting a traffic crash, medical emergency or serious road hazard. (2) Reporting a situation in which the person believes his personal safety is in jeopardy. (3) Reporting or averting the perpetration or potential perpetration of a criminal act against

the driver or another person. (4) Operating a telecommunications device while the motor vehicle is lawfully parked. (5) Using a wireless communications device in an official capacity as an operator of an authorized emergency vehicle. HB370 provides that persons convicted of unlawfully using a wireless telecommunications device while traveling through a school zone during posted hours are subject to a moving violation and the following penalties apply: (1) First violation: a fine of $175. (2) Each subsequent violation: a fine of $500. (3) Involvement in a crash at the time of violation: fine shall be equal to double the amount of the standard fine imposed and the law enforcement officer investigating the crash shall indicate on the written accident form that the person was using a wireless telecommunications device at the time of the crash. Finally, HB370 provides that the production of documentary or other evidence proving that the wireless telecommunications device was used for emergency purposes is an affirmative defense against the alleged violation. TERMINAL CONDITION * House Bill 1254, pending House floor action (Substitute for House Bill 336), would prohibit any health coverage plan from denying coverage for a medically necessary treatment prescribed by a physician and agreed to by a fully informed insured or that persons legal health care proxy, based solely on an insureds life expectancy or the fact that the insured is diagnosed with a terminal condition. HB1254 defines "terminal condition" as any malignancy or chronic end-stage cardiovascular or cerebral vascular disease

Page -5-

that is likely to result in the insured's death. The proposed law also would prohibit a health benefit paid directly or indirectly with state funds including Medicaid from denying coverage for medically necessary treatment. Finally, refusing coverage for a medically necessary treatment to be rendered to an individual based solely on the individual's life expectancy or the fact that the individual is diagnosed with a terminal condition shall be a violation of the proposed law. MUNICIPAL * House Bill 940, approved by a vote of 99-0, authorizes the City of New Orleans to adopt a sanitation and litter ordinance and provides for administrative adjudication notice and procedures for the administrative adjudication hearing and for fines and penalties relative to violations of the ordinance. CRIMINAL JUSTICE * House Concurrent Resolution 26, pending House final passage, requests the Louisiana State Law Institute to study and make recommendations concerning gun ownership rights of persons who have attempted suicide and to report its findings to the House Committee on Health and Welfare, the Senate Committee on Health and Welfare, the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B on or before Feb. 1, 2015. * House Bill 72, pending House final passage, exempts persons possessing a firearm with a concealed handgun permit or off-duty law enforcement officers on the premises of an alcoholic beverage outlet that has been issued a Class A Restaurant permit.

* House Bill 791, pending House final passage, would amend penalties for the crimes of theft as follows: 1.) If the offense is attempted theft of an amount not less than $750 nor more than $25,000, the offender shall be fined not more than $500, imprisoned for not more than one year, or both. 2.) If the offense is attempted theft of an amount over $25,000, the offender shall be fined not more than$2,000, imprisoned, with or without hard labor, for not more than five years, or both. 3.) Whoever commits the crime of theft when the misappropriation or taking amounts to a value of $25,000 or more shall be imprisoned, with or without hard labor, for not less than five years nor more than 20 years or may be fined $50,000 or both. 4.) When the misappropriation or taking amounts to a value of $5,000 or more, but less than a value of $25,000, the offender shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than $10,000 or both. 5.) When the misappropriation or taking amounts to a value of $750 or more, but less than a value of $5,000, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than $3,000 or both. 6.) When the misappropriation or taking amounts to less than a value of $750, the offender shall be imprisoned for not more than six months, or may be fined not more than $1,000, or both. If the offender in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than $2,000, or both. Additionally, HB791 repeals certain theft statutes relative to livestock, animals,

Page -6-

crawfish, timber, alligators, rental motor vehicles, motor vehicle fuel, used building components and copper. * House Bill 160, pending House final passage, would require binary explosive targets to be regulated, and adds binary explosive targets to the definition of explosives under present law. Under this measure, a binary explosive is defined as two or more unmixed, commercially manufactured, prepackaged chemical substances including oxidizers, flammable liquids or solids, or similar substances that are not independently classified as explosives but which when mixed or combined form a mixture that is classified as an explosive and designed primarily as a target for firearms practice. NATURAL RESOURCES * House Bill 850 would, upon approval by the Coastal Restoration Authority Board, authorize the Coastal Protection and Restoration Authority to enter into contracts for the study, investigation and cleanup of hazardous substances located in an integrated coastal protection program project. HB850 is pending House final passage. * House Bill 1046, pending House final passage, provides for standards for marketable oyster and their packaging and labeling. Present law authorizes shell stock oysters to be sold by volumetric measure, weight, or count. HB1046 would require that all oysters sold by volumetric measure, weight or counts shall be market size and wholesome. Additionally, HB1046 requires all shucked oysters to be labeled and packaged as required under the National Shellfish Sanitation Program and the National Institute

of Standards and Technology. Further, the proposed law requires that all licensed oyster captains, harvesters and certified wholesale/retail dealers of shell stock and shucked oyster products verify that oysters being sold are in compliance with these standards.

Page -7-