*In addition to the FY 10-11 Budget, Governor Jindal is supporting the following legislative initiatives in the 2010 session of the Legislature to help move the state forward through years of back-to-back budget challenges. The following agenda works to protect critical services, including education and health care, in times of declining revenue through several budget reforms. The 2010 “Louisiana Way Forward” Governor’s package also includes initiatives to protect life, improve education and make communities safer for Louisiana families. Note: Other legislative initiatives will likely be added to this package during the session as other bills are introduced that support this agenda.
Louisiana Way Forward: 2010 Governor’s Package Providing Greater Budget Flexibility
SB 1 and SB 2 by President Joel Chaisson modernizes the Budget Stabilization Fund.
SB 1 and its companion, SB 2, are steps in the right direction as they work to fix the Rainy Day Fund by allowing the administration and Legislature to access these reserves during challenging budget times to avoid a deficit. These bills would expand the recognition of a deficit by taking into account unforeseen events at the federal level (such as the drastic drop in the federal match to Medicaid – FMAP formula) that are out of the state’s control, forcing the state to incur a deficit.
The Rainy Day Fund currently does not take into account rising mandated expenditures (such asMedicaid). Therefore, the Rainy Day Fund remains ineffective during fiscal years where forecasted revenues are slightly increasing while the state cost share of federally-mandated expenditures are drastically rising. This is the current budget situation, where the faulty federal FMAP formula compounded by the loss of a higher FMAP will cost the state $900 million a year in Medicaid
funding, negatively affecting services for the poorest in our state.
The administration will work with the House and Senate on efforts this session to provide greater access to the Rainy Day Fund to help mitigate forecasted budget challenges. While this language will likely evolve during the process, reform is needed to make it easier to deposit more savings into the Rainy Day Fund during years the state experiences surplus revenues.
Having access to reserves during challenging years and saving more in years of surplus is practical fiscal policy.
SB 391 and SB 392 by President Chaisson, SB 6 and SB 7 by Sen. A.G. Crowe, and HB 322 by Rep. Rick Nowlin increase the annual authority to reduce dedicated funds from 5% to 10%.
Current law, in accordance with the state constitution, allows reductions to statutory dedications up to 5% and the initiative in these bills increases the allowed reduction to 10%.
In prior years, Louisianans have placed more and more funds off limits to avoid budget manipulations. But now more than 60 percent of the state budget is restricted or “non-discretionary.” Dedicating funds make it more difficult to determine which of the competing spending priorities provide the most public benefits for the budget dollar spent.
Louisiana has locked away a total of $3.9 billion in protected funds, and it is time to put more options on the table to help fund health care and higher education in times of declining revenue.
SB 463 and SB 623 by Sen. Mike Michot will increase the annual authority to reduce dedicated funds from 5% to 10% and will authorize access to the Louisiana Education Quality Trust Fund to mitigate reductions to education.
The initiative in these bills allows another option for the administration and Legislature to use when
developing a budget savings plan.
Using the flexibility provided by this provision, the administration’s FY 09 savings plan called for
reductions of $24.3 million in statutory dedications. Of 391 identified dedications, the administration
and Legislature cut portions of 152 funds. These reductions in statutory dedications, as part of the
overall $341 million budget deficit elimination plan, helped to mitigate general fund cuts to other
areas not statutorily protected, particularly health care and higher education.
As proposed last year, this initiative changes the 5% to 10% authority in two places. One is for
projected deficits in the middle of a fiscal year. The other is for projected deficits in the next fiscal
year.
This proposed constitutional change would also allow the Legislature and the administration access to
10% of the Louisiana Education Quality Trust Fund (LEQTF) balance when a severe budget deficit is
projected in order to help mitigate reductions to education.
SB 434 and SB 410 by President Joel Chaisson authorizes greater health and human service investments by increasing deposits (from 25% to 75%) to the Louisiana Fund from monies resulting from the Master Settlement Agreement.
The initiative in these bills would provide greater flexibility to stabilize the healthcare and human
service budgets by further unlocking deposits to the Millennium Trust Fund for critical services.
Many states issued stand-alone tobacco backed bonds in the early 2000s to generate proceeds for
budgetary or capital needs in the last recession. Louisiana sold 60% of the revenue stream from the
tobacco settlement and kept 40%. While 60% of the annual tobacco settlement goes toward debt
service on the tobacco bonds, 40% is allocated to the state.
Of that 40 percent, 25% (around $15 million) is dedicated to the Louisiana Fund for healthcare
services, and 75% (around $45.8 million) goes back into the Millennium Trust Fund. The balance of
the Trust Fund is currently $1.38 billion
This proposal decreases the constitutionally mandated deposit into the Millennium Trust Fund by
50% (from 75% to 25%), thereby increasing the deposit into the Louisiana Fund by 50% (from 25%
to 75%). This change would yield about $30 million additional dollars for qualifying health and
human service expenditures. As prescribed by the state’s constitution, all remaining monies received
as a result of the Master Settlement Agreement after deposits are made into the Millennium Trust
Fund, must be invested in the Louisiana Fund.
SB 462 and SB 637 by Sen. Mike Michot will provide greater flexibility to the Board of Regents and BESE to stabilize their budgets by unlocking dedicated revenue for pressing education needs during deficit years.
This proposed initiative would give both the Board of Regents and BESE greater flexibility to
stabilize their respective education budgets by expanding the use of the Louisiana Education Quality
Trust Fund for pressing needs during deficit years. More flexibility will allow education management
boards to re-align these dedicated dollars during deficit times.
The Board of Regents allocates monies from the LEQTF through the LA Education Quality Support
Fund, which is derived from 75% of recurring mineral revenue from Outer Continental Shelf and
75% of earned investment income from LEQTF. FY08 allocations totaled about $36 million. The
Board of Elementary and Secondary Education also allocates monies from the LEQTF through the
LA Education Quality Support Fund.
HB 743 and HB 812 by Rep. Cameron Henry abolishes the Office of the Lieutenant Governor and transfers functions to other agencies.
HB 743 is a proposed amendment to the Louisiana Constitution that will abolish the Office of the
Lieutenant Governor, and transfer the constitutional powers and duties of the lieutenant governor to
the secretary of state effective noon January 9, 2012.
HB 812 will abolish the Office of the Lieutenant Governor and the Department of Culture,
Recreation and Tourism (CRT), and will remove or provide for the transfer of the functions, powers,
duties, responsibilities, programs and operations of the office of the lieutenant governor, the CRT,
and the lieutenant governor position.
The bill also provides for the transfer to the office of the state library, office of the state museum and
office of cultural development to the Department of State; the office of state parks to the Department
of Wildlife and Fisheries; and the office of tourism to the Department of Economic Development.
These changes would take effect upon voter approval of the constitutional amendment to abolish the
office of the lieutenant governor.
Cracking Down on Sexual Predators
HB 290 by Rep. Kirk Talbot provides stronger sentencing options for distribution and production of illicit pornographic materials.
HB 290 will give prosecutors additional options for charging individuals with distribution and
production of pornography, which will carry higher sentences of 5 to 10 years for distribution and 10
to 20 years for production.
Through new technological advances like Peer-to-Peer file sharing, offenders are no longer simply
“possessing” child pornography; they are “distributing” it. The penalty should be stronger than the 2
to 10 year sentence that is currently provided for in the law for possession.
This bill will also create a presumption that possession of child pornography, coupled with file
sharing technology or software, is evidence of intent to distribute, which will further help prosecutors
bring justice to those who commit crimes against children.
HB 291 by Rep. Ernest Wooton creates an additional sentence option for those who initiate sexual crimes against a minor through a computer.
HB 291 provides a penalty option of between 7 and 10 years when computer-aided solicitation results
in actual sexual conduct and the age difference between the perpetrator and the victim is greater than
five years.
It is currently a crime to use various forms of electronic communication to solicit a minor – to
participate in or watch sexual conduct when the perpetrator is 17 or older and is greater than two
years older than the victim. The penalty is 5 to 10 years when no sexual contact is made and there is
only solicitation.
This bill will provide a stronger penalty option than the current felony carnal knowledge statute, and
prosecutors can use this statute when an individual has sexual contact with a victim by first soliciting
them online.
HB 193 by Rep. Joseph Lopinto creates administrative subpoena authority for law enforcement officials to more effectively obtain certain electronic information about sex offenders.
In order to decrease the amount of time that a child is potentially being victimized, HB 193 would
give limited subpoena authority to investigators in child exploitation cases so an investigator can
quickly generate an administrative subpoena on departmental letterhead and issue it to the Internet
Service Provider to further the investigation.
Currently, in a child exploitation investigation, an officer must make a request for a subpoena to a
third party in order to discover information such as the date the service was activated, any IP
addresses or names associated with the account, screen names or billing information.
SB 56 by Sen. Danny Martiny allows for certain officials to acquire property involved in the commission of certain sex crimes so the property can be used as a revenue source to fight back against further sexual crimes.
SB 56 will allow a court, upon a guilty ruling, to order that the personal property used by the offender
at the time of the offense be forfeited and sold.
Crimes linked to this option will include cyberstalking, human trafficking, trafficking of children for
sexual purposes, felony carnal knowledge of a juvenile, computer-aided solicitation of a minor,
indecent behavior with juveniles, pornography involving juveniles, molestation of a juvenile and
enticing persons into prostitution.
Currently, after an individual is convicted of a sex crime, the investigating, arresting and prosecuting
agencies are left with property that cannot really be utilized and will not be returned.
HB 191 by Rep. Jonathan Perry creates a “Habitual Sexual Offender” law to increase the sentences
for habitual offenders.
HB 191 will specifically take habitual sex offenders into consideration and offer harsher penalty
options applicable to certain sex offenses.
If an offender is charged under the proposed “habitual sex offender law” after conviction of a first
and second felony sex offense, the offender can be punished by no less than two-thirds of the longest
possible sentence for conviction of the second felony and up to three times the longest possible
sentence.
Encouraging Flexibility & Accountability in K-12 Education
HB 1003, or the Educational Red Tape Reduction Act by Rep. Jane Smith, reduces red tape in the state’s education system and provides the flexibility needed to improve student performance.
HB 1003, “The Red Tape Reduction Act,” has three main goals: 1) Reduce burdensome regulations
currently placed on schools that may hinder academic growth; 2) Equip low-performing schools on
the verge of state takeover with the tools needed to improve before they are placed in the Recovery
School District (RSD); 3) Help scale up comprehensive school reform in struggling schools to ensure
that every Louisiana child has access to a high-quality education.
Fifty-five public schools in Louisiana have been designated “academically unacceptable”with School
Performance Scores (SPS) of 60 or less, meaning that about 61 percent of students are performing
below grade level.
Thirty of these schools have been placed under the jurisdiction of the RSD. Additionally, 24 schools
have MOU’s with the RSD in lieu of state takeover, and 10 more, if they do not show substantial
improvement, will be eligible for placement in the RSD within the next few years.
Under this legislation, all schools and school districts will be able to apply for a four-year waiver of
any state law or BESE policy that does not pertain to federal regulations, student safety,
accountability, or graduation requirements, tied to the district’s ability to meet established
benchmarks and performance targets both district-wide and in the persistently lowest-achieving
schools.
In exchange for greater flexibility, public schools where half or more of students are performing
below grade level would be required to demonstrate greater accountability by first assuring the
effectiveness of their teachers, and second implementing key turnaround strategies.
The turnaround strategies will be consistent with the state’s Race to the Top application and include
four components:
o Turnaround: Schools put in place new leadership and a majority of new staff, new governance,
and improved instructional programs, to provide them with sufficient operational flexibilities
such as the ability to select staff, control budget, and expand learning time
o Restart: A strategy to convert a school or close and reopen under a charter or education
management organization
o School closure: Schools close and place their students in a high-performing school within the
district.
o Transformation: Schools hire a new principal and implement a suite of best practices
The Louisiana Department of Education (LDOE) will provide technical assistance to these schools as
they implement one of these turnaround strategies. It is important to note that these waivers, and the
corresponding requirements, are all optional.
HB 1033 by Rep. Frank Hoffman enacts the use of value-added data to improve teaching, student
achievement, and communication about school performance.
HB 1033 calls for value-added assessment and works by establishing expectations for what students
should learn throughout the year. Actual performance of students is then assessed and results are
compared to what students with similar characteristics statewide learn on average. This model helps
to identify teaching strengths and weaknesses so that teachers can be rewarded for strong
performance and receive targeted professional development if they need help improving their
instructional techniques.
Governor Jindal worked with the Legislature to provide $580,000 in Fiscal Year 2010 for the
Louisiana Department of Education to develop a value-added assessment system for practicing
teachers.
This legislation will require the use of value-added assessment data by 2011-2012 for teacher
evaluations and school accountability. No longer will outcomes be measured simply by comparing
one year of student test scores to the previous year’s scores. With this new formula, growth will be
measured in student achievement for classrooms, schools, and districts - a more reliable way of
measuring performance.
Teacher evaluations in all public schools and grades for which the state has value-added data will be
based, at least at 50 percent, on growth in student achievement using the value-added assessment
model. This data will also be used, in part, to calculate school and district performance scores.
School governing authorities will be required to evaluate all teachers yearly and make effectiveness
data - student achievement growth data that comprises 50 percent of the evaluation - available to the
public.
This legislation will also repeal the Louisiana Teacher Assistance and Assessment Program
(LaTAAP) and require that all teachers be evaluated using the value-added assessment data described
above. Funding for LaTAAP was eliminated in FY10 and in the FY11 Executive Budget.
SB 344 by Sen. Ann Duplessis and HB 962 by Rep. Steve Carter improve the charter school
application process and grants automatic charter renewals to high-performing charter schools.
These bills will require local school districts to publicize the application process for Type 1 or Type 3
charter schools, including any application forms, timelines, required information, primary point of
contact, and review process.
The charter school application and review timelines will be coordinated between local authorizers
and BESE so that any applicants denied have sufficient time to prepare an appeal as a Type 2 charter
school application.
All charter school authorizers will be required to develop and communicate uniform minimum
performance expectations and renewal criteria for all new charter schools under their jurisdiction.
This legislation will also grant automatic charter renewals to high-performing charter schools that
have a demonstrated record of high academic achievement, high growth in academic achievement,
and satisfactory financial audits.
A legislative resolution by Rep. Steve Carter will be filed to urge reform of the school funding formula to make it more efficient and effective.
MFP funds for public schools are allocated to school districts’ central offices or governing bodies as
largely a “block grant.” Districts decide how to allocate funding to schools, and they are given a midyear
funding increase if additional students have enrolled since school started. BESE requires all
governing authorities to spend at least 70 percent on expenses related to instruction.
The Governor supports a legislative resolution to urge and request BESE to make a number of
changes aimed at improving the efficiency and effectives of the State’s MFP funding formula,
including: increasing the percentage of MFP funds spent at the school level, having funds “follow the
child” when students are transferred to juvenile justice facilities, adjusting funding (up and down)
based on accurate student enrollment data, and targeting more MFP funds to dropout prevention.
This resolution will call for the elimination of the “double payment” that occurs today when the state
funds the MFP for a student in a public school, for example, then pays for their education again if
they are adjudicated to the Office of Juvenile Justice.
By making true mid-year funding adjustments based on student enrollment data, funds will be
allocated based on the number of students served, which will also give schools an incentive to keep
students enrolled. If these adjustments were made for FY10, the State would have saved
approximately $10 million.
Finally, the resolution will call on BESE to require districts to spend a portion of any future per pupil
funding increase on dropout prevention efforts to combat the state’s high dropout rate.
SB 297 by Jack Donahue transfers the division of adult education from LDOE to LCTCS.
Additionally, it provides measures to discourage 16 year-old students from dropping out of high school
and directs them to enroll in a GED program with demonstrated positive outcomes, if they choose to
leave.
SB 297 provides a shift in adult educational services to better serve adult students and give them
more access to career counseling and job training resources they might not have at a high school.
Adult education programs are designed to assist adults in becoming literate, obtaining knowledge and
skills for employment and self-sufficiency, and completing their secondary school education. This
should be coupled with job training ― which falls outside of the Louisiana Department of
Education’s core mission and is more appropriate for the Louisiana Community and Technical
College System.
Far too many 16 year-old students who are likely capable of earning a high school diploma opt to
enter a GED pathway. In some districts, approximately 20 to 25 percent of GED Options program
Louisiana Way Forward: 2010 Governor’s Package 8
students are 16 years old, and a troubling percentage of these students are not actually obtaining a
GED or skills to be successful in the workplace.
Under this bill, school districts are also only allowed to enroll 16-year-old students in adult education
programs if they have a record of strong performance.
HB 303 by Cameron Henry will allow qualified home schooled students to play interscholastic sports
at local public and nonpublic schools.
HB 303 would offer any student enrolled in a state-approved home study program the eligibility to
play interscholastic sports at their local Louisiana High School Athletic Association (LHSAA)
member public high school or a LHSAA member nonpublic school, at the nonpublic school’s
discretion.
Students would be subject to the same residency or attendance zone requirements as other students
participating in the sport, and principals would use the same criteria for determining eligibility with
the exception of school enrollment and attendance.
The same academic standards would have to be met, and students would have to provide
documentation to certify that their home study program is at least equal to that being offered at public
schools at the same grade level and that they are progressing at grade level.
Students would be required to meet all other standards and requirements applicable to other
participating students, including but not limited to try outs, practice time regulations, codes of
conduct, discipline agreements, physicals, fees and transportation arrangements, and insurance
coverage as required.
SB 302 by Sen. Conrad Appel and HB 925 by Rep. Austin Badon assign letter grades to our statewide
accountability system to make it more easily understood by parents and the general public.
These bills will provide for a more effective method of communicating public school performance to
parents and the general public, offering a greater understanding of students' academic proficiency and
growth.
It will also encourage schools to improve student achievement and recognize high performing schools
for their commitment to excellence.
Specifically, this legislation will require BESE to:
o Assign letter grades to all schools in that participate in our statewide accountability system,
using the system of School Performance scores already in place;
o Assign a grade of “F” to any Academically Unacceptable School;
o Include school letter grades in the public release of School Performance Scores (SPS) and
school report cards made available to parents;
o Recognize high performing schools, including high-performing, high-poverty schools, and
high schools with graduation rates higher than the state average when letter grades and SPS
scores are released; and
Louisiana Way Forward: 2010 Governor’s Package 9
o Require that school districts receive a letter grade using the system of District Performance
Scores already in place.
Improving Outcomes in Higher Education
HB 1171, or the LA GRAD Act (Granting Resources and Autonomy for Diplomas Act) by Speaker Jim Tucker and SB 570 by Senate President Joel Chaisson, will give colleges and universities increased autonomy and flexibility in exchange for a commitment to meet clearly defined statewide performance goals, including boosting graduation rates.
The “LA GRAD Act” will give institutions the flexibility they asked for, while also mandating that
their autonomy be directly linked to improved outcomes and higher graduation rates. This aligns
with a recommendation adopted by the Postsecondary Education Review Commission (PERC).
Through voluntary, six-year performance agreements with the Board of Regents, institutions would
be granted autonomy to achieve better outcomes in two core areas based on yearly performance
evaluations:
o Authority to increase tuition and fees, without legislative approval, by up to 10 percent
annually until they reach the average tuition and fees of their institutional peers. Participating
institutions will also be able to price according to credit hours enrolled, rather than capping
tuition and fees at full-time status.
o Operational flexibility, such as carrying forward from one fiscal year to the next a greater
percentage of unspent dollars and flexibility with regards to procurement, travel regulations
and I.T.
In exchange for the GRAD Act’s increased autonomy and flexibility, institutions are expected to
meet several goals during the six-year agreement (Phase I: FY11 to FY16), including:
o Phasing in increased admission standards and other policies to increase retention rates,
beginning in FY11, to project graduation rate goals consistent with institutional peers (the
same peers used for tuition authority);
o Increasing the number of program completers at all levels each year;
o Designating Centers of Excellence;
o Developing partnerships with feeder high schools to prepare students for postsecondary
education;
o Increasing research productivity and technology transfer at research institutions and raising it
to levels consistent with institutional peers, specifically research in key economic
development industries; and
o Phasing out associate degree program and remedial course offerings at four-year schools,
unless a two-year institution in the same geographic area cannot offer those programs.
The bill calls for the Board of Regents to annually monitor and report to the Legislature and the
Governor on each participating institution’s progress, and they may revoke the agreement of any
institution that fails to abide by the required terms of their agreement.
The agreements may be renewed for a second six-year phase if institutions achieve a satisfactory
performance evaluation.
HB 996 (Constitutional Amendment) and HB 1224 by Speaker Jim Tucker create the Louisiana
University System Board of Trustees as the state's coordinating and governing body for all public
four-year universities, those that grant baccalaureate and higher level degrees.
HB 1224 provides for a Postsecondary Management Coordination Committee that would resolve issues
between this new Board of Trustees and the Louisiana Community and Technical College System, which
would continue to oversee the state's two-year colleges.
This legislation promotes coordination and increased efficiencies in the governance of higher education in
our state. The administration would support even greater efforts to streamline governance, such as a single
board model that would set clear policy to drive improved performance and ensure responsible management
of each institution.
Fighting for Louisiana Shrimpers
Rep. Gordon Dove will be filing legislation that will allow use of 10% of the deposits made annually to the Artificial Reef Development Fund to assist shrimpers and shrimp processors in participating in the new certification program being developed.
Artificial reefs are in and around where the shrimping industry operates and under this legislation a
portion of the funds associated with the Louisiana Artificial Reef Program will be allowed for use in
assisting the Louisiana wild caught shrimp industry.
This legislation will compliment HB 890 by Rep. Joe Harrison (which authorizes the development of
certification for wild caught shrimp) and direct approximately $800,000 per year toward the
certification program.
The Louisiana Artificial Reef Program was established in 1986 to take advantage of obsolete oil and
gas platforms, recognized as providing a habitat for many of Louisiana's coastal fishes. Federal law
and international treaty require these platforms to be removed one year after production ceases, at
great expense to the industry. The removal of these platforms often results in the loss of reef habitat.
Under the Louisiana Artificial Reef Program, which is voluntary, participating companies save
money by converting their industrial structure into a reef, rather than abandoning it onshore. The
Wildlife and Fisheries Conservation Fund also receives a portion of the savings.
Reinforcing Ethics and Transparency in State Government
HB 1179 by Rep. Anthony Ligi provides the Board of Ethics a limited right to appeal on “questions of
law” to the 1st Circuit Court of Appeals.
HB 1179 strikes a positive balance between the rights of a person charged and the state’s interest in
guaranteeing ethics laws are applied fairly and accurately.
Current law requires the Board of Ethics to “close its file” after an official determination of findings
is made by the Ethics Adjudicatory Board (EAB) that evidence does not exist to support the charges.
Louisiana Way Forward: 2010 Governor’s Package 11
Similarly, if the EAB determines a violation has occurred, the Board of Ethics must issue a decision
to adopt that determination within 45 days.
While state agencies do not typically have a right of appeal from rulings made by the Division of
Administrative Law, ethics enforcement is unique. Over a dozen states utilize Administrative Law
Judges (ALJs) for some aspects of ethics oversight. A limited right of appeal on issues of law for the
Board of Ethics to the 1st Circuit Court of Appeals is a logical step.
HB 1077 by Rep. Jane Smith transfers the appointing authority for the Director of the Division of
Administrative Law from the governor to the Supreme Court.
Although the Director of the Division of Administrative Law is only selected every six years, some
concern has been expressed that this gubernatorial appointment risks undue influence over the
decisions of the Ethics Adjudicatory Board.
To eliminate any such possibility, HB 1077 directs the Chief Justice of the Supreme Court to make
this appointment. The judicial system is occasionally required to make appointments to executive
branch boards, providing precedent for this legislation.
HB 1178 by Rep. Patrick Connick extends the term of Administrative Law Judge (ALJ) appointments
to the Ethics Adjudicatory Board from one year to three years and requires ALJs to consider prior
rulings in their deliberations.
HB 1178 lengthens the terms of ALJs who serve on the Ethics Adjudicatory Board in order to
promote subject-matter expertise in ethics laws and consistency in rulings—a recommendation from
non-governmental organizations.
In addition, ALJs will be required to give weight and consideration to prior ethics rulings of the EAB,
as well as its predecessors. Thus, the prior decisions of the Board of Ethics will be taken into account
in the new system, building a body of law and precedent on ethics in Louisiana.
HB 1226 by Rep. Mert Smiley reduces the number of boards and commissions.
HB 1226 abolishes various outdated state boards and commissions. In some cases the legislation
combines the functions of similar boards or commissions.
In many cases, this legislation eliminates boards and commissions because the board or commission
was never fully formed, or the board or commission is no longer serving the purpose for which it was
created.
Cracking Down on Drunk Drivers
Rep. Jonathan Perry will propose a bill that suspends an offender’s driver’s license for two years after their conviction of third degree feticide – killing of an unborn child.
This bill will make the killing of an unborn child with a vehicle or watercraft while under the
influence of drugs or alcohol receive the same treatment for license suspension purposes as the
offense of vehicular homicide or negligent homicide.
Today, the jail penalties are lower for feticide than for vehicular homicide. Individuals who are
charged with this crime do not always receive a full sentence. In some cases, an individual charged
with feticide may not serve jail time at all. This bill ensures that, at the very least, these individuals
do not have the ability to receive their license back for a two-year period (with or without jail time).
Rep. Jonathan Perry will propose another bill that provides for a code to be placed on the driver's
licenses of individuals who are required to have an ignition interlock device installed on their vehicle
as a condition of reinstating their driver's license.
This bill will provide for a code on a person’s reinstated license that will alert authorities that the
driver should be driving with an interlock device. When they see the code, authorities will know that
they should run the license through the OMV system to get interlock requirements specific to the
licensee.
Currently, drivers sentenced to receive an interlock device are not necessarily putting them in all of
the vehicles that they drive. Additionally, they are not necessarily driving the vehicle that has the
device installed. When authorities pull a driver over for any type of minor traffic violation, they have
no way of knowing that an interlock device is required, unless they run the license for a full check
through the OMV system.
Rep. Walt Leger will propose legislation which provides that premature removal of an interlock device
from a vehicle or failure to renew an interlock contract prior to the end of a person’s prescribed
interlock sentence will result in suspension of a person’s license.
This bill will statutorily require the Office of Motor Vehicles to suspend a driver’s license upon
notice that the driver has prematurely removed (or caused to be removed) their interlock device.
The bill will also specify that the department shall mail notice to the driver that their license has been
suspended until the department receives sufficient proof that he/she has had the ignition interlock
device property reinstalled and paid the applicable reinstatement fees.
Currently, the OMV has no statutory authority to act when it is notified that a driver has prematurely
removed an interlock device (or not renewed an interlock contract) required as a condition of
reinstatement of a license.
The interlock device is installed by third party providers, not directly by OMV or any entity tied to
court system. Thus, a when driver fails to install, removes or deactivates a required interlock (or is
otherwise not complying with the terms of his/her reinstatement), there is little that can be done to
address the noncompliance. The OMV has no statutory authority to do anything about it.
This bill will statutorily require that the department suspend a driver’s license upon notice that the
driver has prematurely removed (or caused to be removed) his/her interlock device.
Rep. Rickey Hardy will propose a bill that requires bus drivers to report DUI-related arrests within 24
hours of receipt or prior to their next shift, whichever time is shorter.
This bill will specify that failure of a school bus driver to report his/her DUI arrest within 24 hours or
prior to his/her next shift (whichever shorter) shall result in termination by the governing authority if
the operator is serving a probationary term under tenure law or if the provisions of tenure law are not
applicable.
For tenured employees, failure to comply with reporting will trigger a tenure hearing/review and
potentially removal.
The most essential part of a bus driver’s duties is safe transportation. The interests in public safety,
especially for each child that gets onto a school bus, dictate that observation of driving laws should
be on the forefront of a bus driver’s priority list.
These same pubic safety interests should also provide that, when an individual who drives a school
bus is arrested for driving while impaired or refusing to take a breathalyzer, those who employ
him/her should be made aware as soon as possible.
Sen. Willie Mount will propose a bill which restructures the way that proceeds from seizure and sale of vehicles for 3rd and 4th DWI offenses are distributed.
This legislation proposes that those involved in DWI enforcement and prosecution should receive the funds associated with vehicle forfeitures to enhance their efforts.
Currently, after court and other costs are paid, all proceeds go to the Council on Automobile
Insurance Rates and Enforcement (CAIRE) for its use in studying other ways to reduce drunk driving
and insurance rates.
This bill will still dedicate 20% to CAIRE with the rest going towards law enforcement and agencies that shoulder the expense of the enforcement.
Further, the legislation will give DAs the discretion on what types and when to sell cars so that those worth less than the procedures and proceedings for sale will not be required to be sold.
Prohibiting Taxpayer Funding of Abortions
A bill will be filed by Representative Frank Hoffman to ensure that no Louisiana taxpayer money is spent on funding elective abortions under the state health exchange, recently created by federal health care laws passed in Washington, D.C.
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