HOUSE NOTES

The Latest News from the State Capitol Louisiana House of Representatives Regular Session April 20, 2012

The session has reached the half-way point. A total of 1,187 bills have been filed in the House and 743 in the Senate, which is below the 2010 Regular Session numbers. The House has sent 336 bills to the Senate this year compared to 637 on the same day in 2010. A total of seven bills have been sent to the Governor for consideration and he has signed three. Two of the bills, House Bill 974 (teacher tenure, evaluations, and pay-forperformance) and House Bill 976 (Student Scholarships for Educational Excellence Program) were signed at a Baton Rouge parochial school. The two bills become Act One and Act Two, respectively. The House Appropriations Committee continued their consideration of the budget bill taking testimony from interested members of the public. MOTOR VEHICLES/CELL PHONES * House Bill 787 makes changes to present law prohibiting the use of wireless communication devices while driving; repeals provisions providing for exceptions; repeals provisions relative to minors; and provides for penalties. HB787 would prohibit the use of wireless telecommunications devices while operating a motor vehicle, except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands free, provided that its placement does not interfere with the operation of federallyrequired safety equipment, and the operator exercises a high degree of caution in the 1

operation of the motor vehicle. The legislation defines "use" of a cell phone while operating a motor vehicle to include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device. The new provisions would not apply to use of two-way mobile radio transmitters and devices used by licensees of the Federal Communications Commission in the Amateur Radio Service, or electronic communication devices with a push-to-talk function. Present law provides that a person issued a driver's license for the first time shall be prohibited from using a cellular telephone for any purpose while operating a motor vehicle for a period of one year from the date of the issuance of the license, and prohibits Class "E" learner's licensees or intermediate l i cen sees fro m us i ng a w ir el es s telecommunications device while driving. HB787 repeals these provisions, and instead provides that any violation of texting while driving shall constitute both a moving violation and a secondary offense. House Bill 787 is scheduled for debate by the full House on Wednesday, April 25. OUTDOOR SMOKING LAW * House Bill 378, approved by a vote of 81-12, would prohibit outdoor smoking within 25 feet of certain exterior locations of buildings and other enclosed areas for the protection of nonsmokers from involuntary exposure to

secondhand smoke. The legislation adds to the list of such outdoor areas to include twenty-five feet of an entrance or wheelchair ramp or other structure which facilitates access by a disabled person to a building or other enclosed area in which smoking is prohibited; and the outdoor area of a place of employment where smoking is prohibited. The legislation requires that "no smoking" signs or the international "no smoking" symbol be clearly and conspicuously posted in every place where smoking is prohibited. The legislation also provides for enforcement procedure, and subjects violators to the same penalties provided for in present law. HB378 specifically would not apply to any location provided for under present law which is exempted from a prohibition on indoor smoking. BUSINESS TAX EXEMPTION * House Bill 674 would expand the ad valorem tax exemption for manufacturing establishments to other projects determined eligible by the Board of Commerce and the governor. The proposed constitutional amendment would allow the State Board of Commerce and Industry to enter into contracts for businesses located in parishes participating in a program for granting of such tax exemptions. Contracts would be subject to gubernatorial approval and made according to terms and conditions as deemed by the board to be in the best interest of the state. The legislature would be authorized to establish a program for the granting of property tax exemptions for business and authorized to approve contracts by the parish governing authority and the board. The initial term of a contract shall be up to five calendar years and renewed as provided by law, and the renewal of a contract shall not be contingent upon a 2

parish's continued participation in the program. All property exempted pursuant to a contract would be required to be listed on the assessment rolls, but no taxes could be collected during the period of exemption; however, the exemption shall in no way affect or impair the security of any existing bonds payable from the proceeds of a tax. HB674 would be submitted for voter approval at the statewide election held November 6, 2012. House Bill 674 was reported with amendments and recommitted to the Committee on Civil Law and Procedure for review of the ballot language. SCHOOL BOARDS * House Bill 609, a proposed constitutional amendment, removes geographic limitations on the legislature's authority to create new school boards and on provisions related to financing education. House Bill 609 removes "parish" as a restriction on the type of school boards the legislature is to create and requires that the legislature specify the geographic jurisdiction of school boards it creates. HB609 changes references to parish schools and city or municipal schools to local public schools in the following constitutional provisions: (1) Provides for the selection of local school superintendents. (2) Allows for the inclusion of all legislativelycreated school boards in the MFP formula and for the allocation of MFP funds to such systems. (3) Would provide legislatively-created local school boards the same taxing authority afforded to previously created local school boards. HB609 retains the exception for Orleans Parish and the maximum tax rate applicable to the Orleans Parish School Board. The proposed constitutional amendment would require approval of a majority of the electors voting in both the proposed school district and in each existing school district from

which the proposed district is to be created to become effective on and after January 1, 2013. House Bill 609 was reported with amendments by the House Committee on Education and recommitted to the Committee on Civil Law and Procedure for review of ballot language. FAILED TO ADVANCE * House Bill 407, the bill to strengthen rules against bullying in public schools. After the bill was amended by the House Education Committee, the author deferred the bill. * House Bill 850 seeks to privatize the Avoyelles Correctional Facility. The bill was amended on the floor to remove the language to allow the building and land to be sold. After the amendment was adopted, the author returned the bill to the calendar. The bill can be brought up for a vote in the future.