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Regular Session, 2010
HOUSE BILL NO. 1226
BY REPRESENTATIVE SMILEY
BOARDS/COMMISSIONS: Provides for the abolition of certain boards and commissions
AN ACT1
To amend and reenact R.S. 3:559.3(5) through (8), 559.6, 559.7(A) through (E) and2
(F)(introductory paragraph), 559.8(A) and (C)(introductory paragraph), 559.11,3
559.12(13), and 559.13(D), R.S. 17:427.4(A)(2)(c) and (d), (B), and (C), 2902(1)4
through (3), 2912(A)(introductory paragraph) and (B)(introductory paragraph), and5
2913, R.S. 30:2000.2(7) through (10) and 2000.3(B), R.S. 33:2009 and 2010, R.S.6
37:2862, 2865(C), and 3241, R.S. 40:1235(A)(3) through (6), and 1235.1(B)(1), R.S.7
47:337.22(B) and 337.23(A)(2), (B), (C)(introductory paragraph), (D), (F), (G),8
(I)(1)(b), and (J) and to repeal R.S. 3:558.1 through 558.13, 559.3(9), 559.4, and9
559.5, R.S. 6:1371 through 1375, R.S. 17:427.4(A)(2)(e) and (D) through (G),10
2902(4), and 2911, R.S. 30:2000.2(11) and 2000.8, R.S. 33:2006 through 2008, R.S.11
36:259(M), (P),(V), and (II), 409(C)(2), 509(U), 629(R), and 919.7, R.S. 37:1270.1,12
2862(13), 2864, 3241(15) and 3242, R.S. 38:3087.281 through 3087.295, R.S.13
40:5.12, 1235(A)(7), 1300.241, 1300.242, and 2529, Chapter 26 of Title 42 of the14
Louisiana Revised Statutes of 1950, comprised of R.S. 42:1481 through 1485, R.S.15
47:337.22(C) and 337.23(H), Chapter 54 of Title 51 of the Louisiana Revised16
Statutes of 1950, comprised of R.S. 51:3111 through 3115, and Section 4 of Act 44617
of the 2001 Regular Session of the Legislature, relative to boards, commissions,18
authorities, districts, and like entities; to abolish certain inactive boards,19
commissions, authorities, and like entities; to remove references to certain abolished20 HLS 10RS-1293 ORIGINAL
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entities; to remove references to, provisions for, and the powers, functions, and1
duties of the Catfish Promotion and Research Board, the Aquaculture Coordinating2
Council, the Financial Literacy and Education Commission, the Advisory Panel on3
the Louisiana Teachers' Homebuyer Program, the Louisiana Geography Education4
Initiative Program Council, the Atchafalaya Basin Advisory Committee, the5
Fireman's Supplemental Pay Board, Physician Assistants Advisory Committee,6
Advisory Committee on Polysomnography, the Louisiana Advisory Committee on7
Midwifery, the Lincoln Parish Reservoir Authority, the School Health Advisory8
Board, the Ambulance Standards Committee, the Women's Health Commission, the9
Silver Alert Steering Committee, the Compensation Review Commission, the10
Uniform Electronic Local Return and Remittance Advisory Committee, the11
Louisiana Infrastructure Bank, and the Ground Water Management Advisory Task12
Force; to provide for transfer of some of the powers, functions, and duties of some13
of the above referenced entities; to provide for certain technical corrections regarding14
placement of boards and commissions in the Executive Reorganization Act; and to15
provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Catfish Promotion and Research Board18
Section 1. R.S. 3:558.1 through 558.13 are hereby repealed in their entirety.19
Aquaculture Coordinating Council20
Section 2.(A) R.S. 3:559.3(5) through (8), 559.6, 559.7(A) through (E) and21
(F)(introductory paragraph), 559.8(A) and (C)(introductory paragraph), 559.11, 559.12(13),22
and 559.13(D) are hereby amended and reenacted to ready as follows:23
§559.3. Terms defined24
As used in this Part, the following terms shall have the meanings given to25
them except where the context expressly indicates otherwise:26
* * *27
(5) "Council" means the Louisiana Aquaculture Coordinating Council.28 HLS 10RS-1293 ORIGINAL
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(6) "Department" means the Louisiana Department of Agriculture and1
Forestry.2
(7) (6) "Facility" means any piece of property that contains a constructed3
impoundment or other area where aquatic livestock are produced, raised, managed,4
harvested, or marketed.5
(8) (7) "Impoundment" means any private, constructed pond, lake, reservoir,6
tank, cage, or other means of containment that has no inlet from or outlet to any7
public waters.8
(9) (8) "Person" means an individual, partnership, firm, company,9
association, corporation, limited liability company, and any other legal entity or10
group of persons.11
* * *12
§559.6. Powers13
A. The council commissioner shall have the following powers and14
responsibilities:15
(1) To develop and advise on the implementation of a regulatory framework16
for the orderly development and maintenance of a modern, sustainable aquacultural17
segment of Louisiana's agriculture industry and to promote aquaculture and18
aquaculture products.19
(2) To determine and recommend to the commissioner and the Wildlife and20
Fisheries Commission, based on a scientific risk assessment, which species of21
aquatic livestock are suitable for aquacultural production in Louisiana.22
(3) To recommend to the commissioner develop criteria for requiring23
licenses and permits and for granting or denying licenses and permits issued pursuant24
to this Part.25
(4) To hold hearings on alleged violations of the provisions of this Part or26
of the rules and regulations adopted pursuant to this Part.27 HLS 10RS-1293 ORIGINAL
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(5) To advise the commissioner on the impose civil penalties to be imposed1
or the and decide on injunctive or other civil relief to be sought for violations of the2
provisions of this Part or of the rules and regulations adopted pursuant to this Part.3
(6) To perform such other advisory functions as the commissioner may4
assign to the council.5
B. The commissioner shall have the following powers:6
(1) (6) Adopt rules and regulations as are necessary to implement the7
provisions of this Part, including regulations establishing the criteria for granting or8
denying licenses and permits, based upon recommendations made by the council.9
All rules and regulations shall be adopted in accordance with the provisions of this10
Part and promulgated in accordance with the Administrative Procedure Act, R.S.11
49:950 et seq.12
(2) (7) Administer and enforce the provisions of this Part and the rules and13
regulations adopted pursuant to this Part.14
(3) (8) Collect, administer, and disburse the proceeds of all fees, interest,15
penalties, and other monies collected pursuant to this Part.16
(4) (9) Issue licenses and permits to persons engaged in aquacultural17
activities in accordance with this Part.18
(5) (10) Conduct inspections and investigations in accordance with the19
provisions of this Part and any rules and regulations adopted pursuant to the20
provisions of this Part.21
(6) (11) Seek and obtain injunctive or other civil relief to restrain and prevent22
violations of this Part, rules and regulations adopted pursuant to this Part, or orders23
and rulings issued pursuant to this Part.24
(7) (12) Institute civil proceedings to enforce his orders or rulings, collect25
any fees, fines, penalties, or costs due under this Part or to otherwise enforce the26
provisions of this Part or rules and regulations adopted pursuant to this Part.27
(8) (13) Issue a stop order to prevent a violation or further violation of this28
Part or of any rule or regulation adopted pursuant to this Part.29 HLS 10RS-1293 ORIGINAL
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C. B. Any suit filed pursuant to this Part may be filed in East Baton Rouge1
Parish or in any parish of proper venue.2
* * *3
§559.7. Determination of species of aquatic livestock suitable for aquaculture in4
Louisiana5
A. The council commissioner shall initiate the process of approving a species6
for aquaculture by making a preliminary proposal regarding a species being7
considered for aquaculture as provided in this Section. The preliminary proposal8
must be approved by a majority vote.9
B.(1) No rule or regulation authorized by Subsection A of this Section shall10
be promulgated except following a recommendation of the council that a species is11
aquatic livestock suitable for aquaculture is proposed in accordance with this12
Section.13
(2) The council commissioner shall conduct a public meeting to consider14
recommending whether a species may be declared as aquatic livestock suitable for15
aquaculture and conditions or limitations related thereto.16
(3) Prior to the public meeting, the council commissoner shall obtain all17
scientific data reasonably available to it. The council He shall consider all reports18
and recommendations submitted to it him, all scientific data available to it, and all19
public comments received at the public meeting prior to making its recommendation.20
(4) The council's commissioner's recommendations shall be in writing and21
shall be approved at a public meeting of the council by a majority of the council.22
Such final approval may be adopted at the public meeting required by this23
Subsection or at a subsequent public meeting of the council. The recommendations24
shall be a detailed report including the recommendation as to whether the species is25
aquatic livestock suitable for aquaculture, the reasons for the recommendations, and26
proposed regulations regarding the producing, raising, managing, harvesting, and27
transporting of the aquatic livestock.28 HLS 10RS-1293 ORIGINAL
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C. A copy of the council's recommendations shall be sent to the Louisiana1
Wildlife and Fisheries Commission and to all persons and state agencies that2
submitted written reports or recommendations or who were present at the public3
meeting and provided the council with a mailing address.4
D. After receiving recommendations from the council commissioner, the5
Wildlife and Fisheries Commission shall consider the council's recommendations at6
one of its monthly meetings or at a special meeting called for that purpose. After7
considering the recommendations of the council, the Wildlife and Fisheries8
Commission shall determine if a recommended species is suitable for aquaculture.9
If the Wildlife and Fisheries Commission determines suitability for aquaculture, it10
shall adopt a rule to that effect and, in addition, adopt rules and regulations it deems11
reasonable or necessary to prevent the species from having a detrimental impact on12
the natural resources of the state. Any such rule or regulation shall be adopted in13
accordance with the Administrative Procedure Act. However, any such rule or14
regulation promulgated by the Wildlife and Fisheries Commission may be15
promulgated in accordance with the procedures in R.S. 49:953(B). No species shall16
be authorized as suitable for aquaculture and deemed aquatic livestock except by17
rules and regulations promulgated by the Wildlife and Fisheries Commission or, if18
the Wildlife and Fisheries Commission fails to act within ninety days following the19
submission of the council's report, by the commissioner as provided in Subsection20
E of this Section. Those species which have been previously approved for21
aquaculture as of July 1, 2004, shall continue to be approved under the rules and22
regulations in effect at the time of their approval and shall be deemed to be aquatic23
livestock; said rules and regulations may be amended, as appropriate and in the best24
interest of the state, under the procedures outlined in this Section.25
E. Within ninety days after submission of the council's report, the Wildlife26
and Fisheries Commission shall take action on the report. Such action may include27
approval of the council's recommendations, approval with modifications to the28
recommendations, or rejection of the council's recommendations. If the Wildlife and29 HLS 10RS-1293 ORIGINAL
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Fisheries Commission fails to take any action within ninety days, the commissioner1
may proceed with submitting a notice of intent for the proposed rule to the Louisiana2
Register. If the Wildlife and Fisheries Commission approves the council's3
recommendations as transmitted and proceeds to adopt rules and regulations in4
accordance with Subsection D of this Section, then the commissioner may proceed5
with rulemaking regarding that species. In no instance shall the rules and regulations6
promulgated by the commissioner lessen the requirements imposed by the Wildlife7
and Fisheries Commission or provide for a waiver thereof. If the Wildlife and8
Fisheries Commission's action modifies in any way or rejects the council's9
recommendations, the commissioner and the secretary of the Department of Wildlife10
and Fisheries shall jointly decide whether to accept the Wildlife and Fisheries11
Commission's action. If the commissioner and secretary decide not to accept the12
Wildlife and Fisheries Commission's action, the commissioner and secretary shall13
jointly present a revised recommendation to the Wildlife and Fisheries Commission,14
at which time the Wildlife and Fisheries Commission may accept the revised15
recommendation as presented or with modifications, or may reject the revised16
recommendation. If the Wildlife and Fisheries Commission accepts the joint revised17
recommendation of the commissioner and secretary and proceeds to adopt rules and18
regulations in accordance with Subsection D of this Section, the commissioner may19
proceed with rulemaking for that species. If the commissioner and secretary accept20
the action of the Wildlife and Fisheries Commission, the commissioner may proceed21
with rulemaking for that species. If the commissioner and secretary cannot agree on22
a revised recommendation, then the matter may be referred back to the Wildlife and23
Fisheries Commission for reconsideration. There shall be no limit on the number of24
times the Wildlife and Fisheries Commission may consider recommendations25
regarding a particular species from the council or the commissioner or secretary.26
Notwithstanding any other law to the contrary, the council, commissioner, or27
secretary may seek judicial review of the Wildlife and Fisheries Commission's action28 HLS 10RS-1293 ORIGINAL
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in the Nineteenth Judicial District Court, but only after the recommendation has1
been submitted to the Wildlife and Fisheries Commission not less than three times.2
F. The criteria to be used by the council, the Department of Wildlife and3
Fisheries, the Louisiana Wildlife and Fisheries Commission, and the commissioner4
in determining whether a species is suitable for aquaculture shall include but not be5
limited to the following:6
* * *7
§559.8. Aquacultural production; licensing; fees; records8
A. Every aquatic producer of a suitable species of aquatic livestock shall9
obtain a license from the department for each facility owned or operated by the10
aquatic producer. Each license shall be renewed annually. An application for a11
license shall be on a form furnished by the department and shall solicit such12
information as the department deems reasonably pertinent. A fee or structured fees13
for licenses, permits, applications for licenses, inspections, and other services14
required under this Part may be adopted by rule or regulation, based upon the15
recommendation of the council. The amount of any fees shall not generate revenues16
in excess of the total cost involved in providing the license, permit, or service.17
* * *18
C. The criteria used by the departments in inspecting the facility shall be19
established by rules and regulations adopted in consultation with the council. The20
criteria shall include the following:21
* * *22
§559.11. Deposit and disbursement of fees and other monies23
A. All fees, interest, penalties, and other monies received under the24
provisions of this Part shall be deposited in a special fund established for the council25
commissioner. The commissioner, as authorized by the council, shall make26
disbursements from the fund for the activities of the council authorized by the Part.27
B. The monies in the fund shall be used for the following purposes:28 HLS 10RS-1293 ORIGINAL
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(1) To provide for the expenses of the program established by this Part. The1
commissioner may retain a portion of the total assessments collected, as is necessary2
to defray the costs of collecting assessments and administering and enforcing this3
Part.4
(2) To fund all costs of the council related to the orderly development of a5
modern, sustainable aquacultural segment of Louisiana's agriculture industry and6
promotion of aquaculture and aquaculture products.7
§559.12. Violations; cost of remedying violations8
Violations of this Part shall include but shall not be limited to the following:9
* * *10
(13) Interfering with the council, the commissioner , or the department or11
their representatives in the performance of their duties in connection with this Part.12
* * *13
§559.13. Penalties; enforcement14
* * *15
D. Penalties and costs of reimbursement may be assessed only by a ruling16
of the commissioner based upon an adjudicatory hearing held in accordance with the17
provisions of the Administrative Procedure Act and this Part. The council shall be18
convened by the commissioner for the purpose of hearing any alleged violation of19
this Part or any regulation adopted pursuant to this Part, or to impose the cost of20
reimbursement. The commissioner shall appoint a hearing officer to preside over the21
hearing. The council shall make an initial determination on the matter. This22
determination of the hearing officer shall be submitted to the commissioner in23
writing. The commissioner shall make the final determination on the matter. If the24
determination of the commissioner differs from the determination of the board25
hearing officer, the commissioner shall issue a written opinion based on the record26
of the hearing.27
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(B) R.S. 3:559.3(9), 559.4, 559.5 and R.S. 36:629(R) are hereby repealed in their1
entirety.2
Financial Literacy and Education Commission3
Section 3. R.S. 6:1371 through 1375 are hereby repealed in their entirety.4
Advisory Panel on the Louisiana Teachers' Homebuyer Program 5
Section 4. (A) R.S. 17:427.4(A)(2)(c) and (d), (B), and (C) are hereby amended and6
reenacted to read as follows:7
§427.4. Intent; purpose; teachers' homebuyer program; authorization; advisory panel8
A.9
* * *10
(2) As used in this Section, the following terms shall have the following11
meanings, unless the context requires otherwise:12
* * *13
(c) "Panel" means the Advisory Panel on the Louisiana Teachers'14
Homebuyers Program established in this Section.15
(d) "Program" means the Louisiana Teachers' Homebuyers Program16
established pursuant to this Section.17
(e) (d) "State board" means the State Board of Elementary and Secondary18
Education.19
B. The Louisiana Teachers' Homebuyer Program is hereby established as a20
special home loan and loan closing assistance program for any eligible teacher. The21
Advisory Panel on the Louisiana Teachers' Homebuyers Program treasurer shall22
identify disadvantaged geographical areas in the state. The State Board of23
Elementary and Secondary Education through the state Department of Education24
shall identify low-performing schools as defined by the state board which are located25
in disadvantaged geographical areas.26
C. The state treasurer is hereby authorized to administer the program as27
developed and approved pursuant to Subsection D of this Section in conjunction with28
the Federal National Mortgage Association (Fannie Mae). The treasurer may29 HLS 10RS-1293 ORIGINAL
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contract or enter into any agreement with one or more public or private entities to1
provide assistance in implementing and administering the program. The treasurer2
shall adopt any rules or regulations necessary for the implementation and3
administration of the program pursuant to the Administrative Procedure Act.4
(B) R.S. 17:427.4(A)(2)(e) and (D) through (G) are hereby repealed in their entirety.5
Louisiana Geography Education Initiative Program Council6
Section 5.(A) R.S. 17:2902(1) through (3), 2912(A)(introductory paragraph) and7
(B)(introductory paragraph), and 2913 are hereby amended and reenacted to read as follow:8
§2902. Definitions9
As used in this Chapter, the following definitions shall apply unless the10
context clearly requires otherwise:11
(1) "Council" means the Louisiana Geography Education Initiative Program12
Council.13
(2) "LaGEA" means the Louisiana Geography Education Alliance.14
(3) (2) "LaGEIP" means the Louisiana Geography Education Initiative15
Program.16
(4) (3) "State board" means the State Board of Elementary and Secondary17
Education.18
§2912. Powers and duties19
A. The council state superintendent of education shall:20
* * *21
B. The council state superintendent of education may:22
* * *23
§2913. LaGEIP staff24
The council shall utilize alternatively Board of Regents or and state board25
employees, to shall provide staff support for the LaGEIP, based upon whether the26
chair of the Board of Regents or the president of the state board is serving as27
president of the council. 28
(B) R.S. 17:2902(4) and 2911 are hereby repealed in their entirety.29 HLS 10RS-1293 ORIGINAL
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Atchafalaya Basin Advisory Committee1
Section 6. (A) R.S. 30:2000.2(7) through (10) and 2000.3(B) are hereby amended2
and reenacted to read as follows:3
§2000.2. Definitions4
As used in this Chapter, the following terms shall have the meaning ascribed5
to them below:6
* * *7
(7) "Committee" means the Atchafalaya Basin Advisory Committee.8
(8) "Department" means the Department of Natural Resources.9
(9) (8) "Program" means the Atchafalaya Basin Program.10
(10) (9) "Secretary" means the secretary of the Department of Natural11
Resources.12
(11) (10) "Water management project" means any project that facilitates13
improvements to water quality, interior circulation, water access, or improvements14
to general ecosystem function by means of sediment reduction, removal, or15
diversion.16
* * *17
§2000.3. Creation of program18
* * *19
B. The program shall include the secretary, the Atchafalaya Basin Research20
and Promotion Board, the Atchafalaya Basin Advisory Committee, and staff for the21
boards and commissions in the program.22
(B) R.S. 30:2000.2(11) and 2000.8 are hereby repealed in their entirety.23
Fireman's Supplemental Pay Board24
Section 7. (A) R.S. 33:2009 and 2010 are hereby amended and reenacted to read as25
follows:26
§2009. Determination of eligibility 27
Whenever any question arises as to the eligibility of any person to receive28
additional pay out of state funds as provided by this Subpart, the question thereof,29 HLS 10RS-1293 ORIGINAL
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together with all of the facts relating thereto, shall be submitted to the board herein1
created for determination, division of administration and the decision of the board2
commissioner with regard to eligibility shall be final.3
§2010. Authorization of back supplemental pay; payment procedure 4
If it is determined by the board commissioner of administration that5
supplemental pay, as provided for by this Subpart, is due an eligible recipient for6
back periods of time the board commissioner shall certify such due payment to the7
Joint Legislative Committee on the Budget. Upon receipt of such certification, the8
Joint Legislative Committee on the Budget may, in its discretion, approve payment9
of all or a portion of the due supplemental pay from the special fund created in R.S.10
33:2003.11
(B) R.S. 33:2006 through 2008, and R.S. 36:409(C)(2) are hereby repealed in their12
entirety.13
Physician Assistants Advisory Committee14
Section 8. R.S 36:259(P) and R.S. 37:1270.1 are hereby repealed in their entirety.15
Advisory Committee on Polysomnography16
Section 9. (A) R.S. 37:2862 and 2865(C) are hereby amended and reenacted to read17
as follows:18
§2862. Definitions.19
The following terms shall have the following meanings, unless otherwise20
specified:21
(1) "Advisory Committee on Polysomnography" means the committee22
established in R.S. 37:2864.23
(2) "American Academy of Sleep Medicine", hereinafter "AASM", means24
the national organization that establishes accreditation standards for sleep centers25
and sleep labs.26
(3) (2) "American Board of Sleep Medicine", hereinafter "ABSM", means27
the national organization developed for the purpose of establishing and maintaining28
standards of board certification for physicians practicing sleep disorders medicine.29 HLS 10RS-1293 ORIGINAL
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(4) (3) "Association of Polysomnographic Technologists", hereinafter1
"APT", means the national trade association for the promotion and advancement of2
the interests of polysomnographic technologists and technicians.3
(5) (4) "Board of Registered Polysomnographic Technologists", hereinafter4
"BRPT", means the national credentialing agency for polysomnographic5
technologists, or its successor organization.6
(6) (5) "Commission on Accreditation of Allied Health Education7
Programs", hereinafter "CAAHEP", means the national agency that reviews and8
accredits educational programs of allied health sciences for the purpose of9
establishing and maintaining national standards.10
(7) (6) "Individual-in-training" means an individual who enters the field of11
polysomnographic technology after January 1, 2006, who must work under the12
direction and supervision of a registered polysomnographic technologist or the13
medical director of a sleep center or laboratory and is working towards BRPT14
registry or completion of a CAAHEP accredited program in polysomnography, or15
both. This Paragraph shall be null and cease to have effect after January 1, 2011.16
(8) (7) "Louisiana State Board of Medical Examiners" means that17
organization established in R.S. 37:1263.18
(9) (8) "Physician" means an individual licensed by the Louisiana State19
Board of Medical Examiners.20
(10) (9) "Polysomnography" means the performance of sleep diagnostics21
under the direction and supervision of a physician to provide comprehensive clinical22
evaluation.23
(11) (10) "Polysomnographic technician" or "permit technician" means a24
registry eligible allied health professional who has completed an accredited25
CAAHEP educational program in polysomnography.26
(12) (11) "Polysomnographic technologist" or "technologist" means an allied27
health professional who is credentialed by the Board of Polysomnographic28 HLS 10RS-1293 ORIGINAL
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Technologists to perform both diagnostic and therapeutic polysomnograms under the1
direction and supervision of a physician.2
(13) (12) "Polysomnographic technology" means the allied health specialty3
practiced under the direction and supervision of a physician involving the attended4
monitoring and testing of individuals suffering from any sleep disorders as classified5
in the International Classification of Sleep Disorders. Such procedures include but6
are not limited to the following, conducted only upon written prescription or verbal7
order of a physician and under his direction and supervision:8
(a) Application of electrodes and apparatus necessary to monitor and9
evaluate sleep disturbances, including application of devices which allow a physician10
to diagnose sleep disorders, which disorders include sleep breathing disorders,11
movement disorders, disorders of excessive somnolence, and physiologic impotence.12
(b) Institution of any type of physiologic monitoring applicable to13
polysomnography.14
(c) Initiation of treatment changes and testing techniques required for the15
implementation of polysomnographic protocols under the supervision and direction16
of a physician.17
* * *18
§2865. Technologist; qualifications for license; renewal; reciprocity19
* * *20
C. A polysomnographic technologist who submits a license renewal21
application after January, 2006, shall have completed, in the prior twelve months, at22
least ten hours or units of continuing education courses sanctioned by the Advisory23
Committee on Polysomnography and approved by the Louisiana State Board of24
Medical Examiners.25
* * *26
(B) R.S. 37:2862(13) and 2864 are hereby repealed in its entirety.27
Louisiana Advisory Committee on Midwifery28
Section 10.(A) R.S. 37:3241 is hereby amended and reenacted to read as follows:29 HLS 10RS-1293 ORIGINAL
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§3241. Definitions 1
As used in this Chapter, the following terms shall apply unless the context2
clearly states otherwise: 3
(1) "Advisory committee" means the Louisiana Advisory Committee on4
Midwifery. 5
(2) (1) "Apprentice permit" means a permit issued by the Department of6
Health and Hospitals to authorize a person desiring to become a licensed midwife to7
obtain clinical experience under supervision of a physician, certified nurse midwife,8
certified nurse practitioner specially qualified by the Board of Nursing, or licensed9
midwife. 10
(3) (2) "Approved program" means a midwifery school or a midwifery11
training program which is approved by the board for the education of midwives. 12
(4) (3) "Board" means the Louisiana State Board of Medical Examiners.13
(5) (4) "Certified nurse midwife" means a nurse authorized by the Louisiana14
State Board of Nursing to practice as a certified nurse midwife in the state. 15
(6) (5) "Contact hour" means a unit of measurement to describe fifty to sixty16
minutes of an approved, organized learning experience or two hours of planned and17
supervised clinical practice which is designed to meet professional educational18
objectives. 19
(7) (6) "Continuing education" means participation in an organized learning20
experience under responsible sponsorship, capable direction, and qualified21
instruction and approved by the board for the purpose of meeting requirements for22
renewal of registration under these regulations. 23
(8) (7) "Department" means the Department of Health and Hospitals. 24
(9) (8) "Licensed midwife" means a person who has completed all25
requirements of R.S. 37:3247, 3253, and 3255, has successfully completed the26
examination process, and is in good standing on the registry of licensed midwives27
maintained by the board. 28 HLS 10RS-1293 ORIGINAL
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(10) (9) "Licensed midwifery" means the provision of health services in1
pregnancy and childbirth by a person not a licensed physician or a certified nurse2
midwife. 3
(11) (10) "Licensing period" means a two-year period running from April 14
of any year through March 31 of the second successive year; registration or permits5
may be issued at any time, but shall expire on March 31 of the second successive6
year. 7
(12) (11) "Midwifery instructor" means a person who has a formal training8
and supervisory relationship with an apprentice midwife. 9
(13) (12) "Physician" means a person who is currently practicing obstetrics10
and is licensed to practice medicine or osteopathy in Louisiana.11
(14) (13) "Senior apprentice permit" means a permit issued by the board to12
authorize a person desiring to be a licensed midwife to continue obtaining clinical13
experience under general direction rather than supervision. 14
(15) (14) "Supervision" means the coordination, direction, and continued15
evaluation at first hand of the person in training and obtaining clinical experience as16
an apprentice midwife within the scope of these provisions.17
(B) R.S. 37:3241(15) and 3242 and R.S. 36:259(V) are hereby repealed in their18
entirety.19
Lincoln Parish Reservoir Authority20
Section 11. R.S. 38:3087.281 through 3087.295 and R.S. 36:509(U) are hereby21
repealed in their entirety.22
School Health Advisory Board23
Section 12. R.S. 40:5.12 is hereby repealed in its entirety.24
Ambulance Standards Committee25
Section 13.(A) R.S. 40:1235(A)(3) through (6) and 1235.1(B)(1) are hereby26
amended and reenacted to read as follows:27 HLS 10RS-1293 ORIGINAL
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are additions.
§1235. Qualifications to operate ambulances; equipment; penalty1
A.2
* * *3
(3)(a) The Department of Health and Hospitals shall promulgate rules and4
regulations establishing a list of required medical and safety equipment which shall5
be carried as part of the regular equipment of every ambulance. No person shall6
conduct, maintain, or operate an ambulance which does not carry with it, in fully7
operational condition, all of the equipment included in the list, which shall be8
consistent with the scope of practice for emergency medical technicians established9
in R.S. 40:1234 and which shall be based upon the recommendations of an advisory10
committee known as the Ambulance Standards Committee.11
(b) After its initial establishment, the list shall be subject to review after four12
years and at any time thereafter. The list shall not be changed more often than once13
every four years. However, nothing in this Paragraph shall prohibit the department14
from supplementing the list with state-of-the-art, newly developed devices,15
equipment, or medications approved by the Ambulance Standards Committee that16
may be carried in lieu of other items on the list.17
(4) The Ambulance Standards Committee of the Emergency Medical18
Services Task Force as established by the assistant secretary of the office of public19
health is hereby established. The committee shall be composed of the following20
members and such additional members as the assistant secretary of the office of21
public health may appoint:22
(a) The medical director of the Department of Health and Hospitals.23
(b) The director of the bureau of emergency medical services of the24
Department of Health and Hospitals.25
(c) A representative of the health standards section of the Department of26
Health and Hospitals.27
(d) One representative, appointed by the assistant secretary of the office of28
public health, from each of the following:29 HLS 10RS-1293 ORIGINAL
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(i) The Louisiana State Medical Society.1
(ii) The American College of Emergency Physicians.2
(iii) The American College of Surgeons.3
(iv) The American Academy of Pediatrics.4
(v) The Louisiana Ambulance Association.5
(vi) The Louisiana Rural Ambulance Alliance.6
(vii) The Louisiana Association of Nationally Registered Emergency7
Medical Technicians.8
(viii) The Governor's Emergency Medical Services for Children Advisory9
Council.10
(ix) Municipal third service ambulance providers.11
(x) Rural ambulance providers.12
(xi) Private sector ambulance providers.13
(xii) Fire service-based ambulance providers.14
(xiii) Hospital-based emergency medical services providers.15
(xiv) Professional firefighters.16
(xv) The Professional Firefighters Association of Louisiana.17
(5) Nothing herein shall prohibit the transportation of an injured or ill person18
in an ambulance or industrial ambulance staffed by persons with less than the19
required qualifications in an emergency situation where there is no reasonable20
expectation of the prompt response by an ambulance staffed by persons with the21
required qualifications.22
(6) (5) Nothing herein shall prohibit a firefighter, law enforcement officer,23
or good Samaritan from assisting an ambulance at the scene of an emergency or24
while transporting a patient to a medical facility at the request of the emergency25
medical technician.26 HLS 10RS-1293 ORIGINAL
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(7) (6) Nothing herein shall prohibit an individual without the required1
qualifications from riding in an ambulance for the purpose of training, observation,2
or continuing education.3
* * *4
§1235.1. Qualifications to operate emergency medical response vehicles; vehicle5
requirements; equipment; penalties6
* * *7
B. No person shall conduct, maintain, or operate an emergency medical8
response vehicle as an emergency vehicle which:9
(1) Does not carry with it as part of its regular equipment the list of10
equipment for emergency medical response vehicles as prescribed in rules and11
regulations promulgated by the Department of Health and Hospitals based on the12
recommendations of the Ambulance Standards Committee of the Emergency13
Medical Services Task Force as established by the assistant secretary of the office14
of public health. This list shall be based upon the recommendations of the American15
College of Surgeons as provided in R.S. 40:1235(A)(3). The list shall be consistent16
with the scope of practice for emergency medical technicians established in R.S.17
40:1234. After initial promulgation, such list shall be subject to review after four18
years and anytime thereafter. The list shall not be changed more often than once19
every four years. However, nothing shall preclude the Department of Health and20
Hospitals from supplementing the list with state of the art, newly developed devices,21
equipment, or medications approved by the Ambulance Standards Committee of the22
Emergency Medical Services Task Force that may be carried in lieu of other items23
on the list of equipment.24
* * *25
(B) R.S. 36:259(M) and R.S. 40:1235(A)(7) are hereby repealed in their entirety.26
Women's Health Commission27
Section 14. R.S. 36:259(II) and 919.7 and R.S. 40:1300.241 and 1300.242 are hereby28
repealed in their entirety.29 HLS 10RS-1293 ORIGINAL
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are additions.
Silver Alert Steering Committee1
Section 15. R.S. 40:2529 is hereby repealed in its entirety.2
Compensation Review Commission3
Section 16. Chapter 26 of Title 42 of the Louisiana Revised Statutes of 1950,4
comprised of R.S. 42:1481 through 1485, is hereby repealed in its entirety.5
Uniform Electronic Local Return and Remittance Advisory Committee6
Section 17. (A) R.S. 47:337.22(B) and 337.23(A)(2), (B), (C)(introductory7
paragraph), (D), (F), (G), (I)(1)(b), and (J) are hereby amended and reenacted to read as8
follows:9
§337.22. Sales and use tax returns10
* * *11
B. Until the time provided for in Subsection C of this Section, the The local12
collector shall be responsible for the design, preparation, and printing of the return.13
* * *14
§337.23. Uniform electronic local return and remittance system; official record of15
tax rates, and exemptions16
A.17
* * *18
(2) Notwithstanding any other law to the contrary, beginning on the date19
provided for in Subsection H of this Section, but no later than January 1, 2005, a20
taxpayer may file a sales and use tax return of a taxing authority and remit any tax,21
interest, penalty, or other charge due by means of the uniform electronic local return22
and remittance system provided for in this Section unless insufficient funds are23
appropriated to fund the system as provided for in Subsection J of this Section.24
B.(1) The system by which such taxpayers file electronically and pay their25
taxes and by which the information provided for in Subsection I is to be posted on26
the internet shall be established, managed, and supervised by the secretary of the27
Department of Revenue. The Uniform Electronic Local Return and Remittance28
Advisory Committee shall provide advice and may make enforceable29 HLS 10RS-1293 ORIGINAL
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recommendations to the secretary for his consideration with regard to the design,1
implementation, and operation of the system in the manner provided for by this2
Section. The advisory committee is hereby created within the Department of3
Revenue and shall be composed of the following members:4
(a) The secretary of the Department of Revenue or his designee.5
(b) A representative of a local governmental subdivision who shall be6
appointed by the governor from a list of three names, one provided to him by the7
Louisiana Municipal Association, one by the Police Jury Association of Louisiana,8
and one by the Louisiana School Board Association. The member shall serve at the9
pleasure of the governor. He shall serve as chair of the advisory committee.10
(c) A member appointed by the governor from a list of three names provided11
to him by the Louisiana Society of Certified Public Accountants, to serve at the12
pleasure of the governor.13
(d) The head of a collector's office, appointed by the governor from a list of14
three names provided to him by the board of directors of the Louisiana Association15
of Tax Administrators, to serve at the pleasure of the governor.16
(e) A representative of a business which is required to file sales and use tax17
returns for multiple collectors in the state, who shall be appointed by the governor18
from a list of three names provided to him jointly by the Louisiana Retail Dealers19
Association and the Louisiana Association of Business and Industry. The member20
shall serve at the pleasure of the governor.21
(2) Each appointment by the governor shall be submitted to the Senate for22
confirmation. All vacancies shall be filled in the same manner that is provided for23
the original member.24
(3) The members of the advisory committee shall serve without additional25
compensation except for their reasonable and necessary expenses related to the26
performance of their duties as members of the committee, and then only in such27
amounts as is provided by law for state employees.28 HLS 10RS-1293 ORIGINAL
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(4) Meetings shall be called by the chair at a time and place to be selected1
by the chair, or at a time and place provided for upon the written request of three2
members. Four members of the advisory committee shall be considered a quorum3
and the committee may make official recommendations and take other official action4
upon the affirmative vote of four members.5
(5)(a) If at any time the advisory committee believes the secretary has taken6
action contrary to the advice or recommendation of the committee, it may make a7
written request to the secretary specifying the advice or recommendation, the action8
which the committee believes the secretary has taken, and asking him to provide9
written reasons for such action. The secretary shall provide a written answer to the10
chairman of the committee within fifteen days or such longer time as the committee11
shall allow.12
(b) If, after receiving and considering the written answer of the secretary, the13
committee believes it unsatisfactory, the committee may make a written request to14
the Senate Committee on Revenue and Fiscal Affairs and the House Committee on15
Ways and Means specifying the recommendation and asking the committees to make16
it an enforceable recommendation.17
(c)(i) The request of the advisory committee shall be considered as a18
proposed rule or regulation of the Department of Revenue and shall be subjected to19
the same oversight procedure as is set forth in the Administrative Procedure Act for20
such rules and regulations, except for the need for publication.21
(ii) Notwithstanding any other law to the contrary, if the oversight procedure22
under the Administrative Procedure Act results in approval of the advisory23
committee's request to make its recommendation an enforceable recommendation,24
then the advisory committee's recommendation shall be followed by the secretary.25
C. The uniform electronic local return and remittance system and the posting26
of the information required by Subsection I of this Section shall be established,27 HLS 10RS-1293 ORIGINAL
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managed, and supervised by the secretary, with the advice of the advisory committee1
and the system shall include the following:2
* * *3
D.(1) Each collector shall provide to the secretary and the advisory4
committee within ninety days of its his written request, or such other time as may be5
allowed by the advisory committee secretary, the information necessary to design6
and implement the system provided for in this Section. Each collector shall follow7
the data validation procedures established by the advisory committee secretary. If8
the collector fails or refuses to timely provide such information, the secretary and the9
advisory committee shall design and implement the system from the best information10
available to them.11
(2) Each collector shall provide written notification to the secretary and the12
advisory committee by certified mail, return receipt requested, of any change in the13
information provided to it pursuant to Subparagraph (C)(1)(a) of this Section thirty14
days prior to such changes becoming effective, or such other shorter time as may be15
allowed by the advisory committee secretary. Each collector shall follow the data16
validation procedures established by the advisory committee secretary.17
* * *18
F.(1) It shall be the duty of the state through the Department of Revenue ,19
with the advice of the advisory committee, to design, implement, and operate the20
system required by this Section and to provide the staff and equipment necessary to21
receive and transmit to the collectors the electronic returns and funds.22
(2)(a) It shall be the duty of the collector of each parish to provide and make23
available the appropriate staff, equipment, and information necessary for the receipt24
and transmission of electronic returns and funds. The Department of Revenue shall25
not be responsible for any loss of revenue attributable to the failure of a collector to26
comply with the provisions of this Paragraph.27
(b) The advisory committee secretary may determine alternate distribution28
methods and the appropriate fees to be charged for such methods when a collector29 HLS 10RS-1293 ORIGINAL
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are additions.
fails to comply with the provisions of this Paragraph. The amount of the fee shall1
not exceed the cost of the alternate distribution method.2
G.(1) It is the intention of this Section only to provide to taxpayers a simple,3
efficient, and cost-effective means of transmitting accurate tax returns and taxes to4
taxing authorities of the state from a central site in the quickest manner possible.5
This Section shall not be construed to grant to the advisory committee or the6
Department of Revenue any authority to collect or administer such taxes. In7
addition, any funds transmitted through the system as provided for in this Section8
shall be considered the funds of the taxing authorities to be distributed by the9
collector in the manner provided by local ordinances and shall not in any way be10
considered state funds.11
(2) The advisory committee secretary shall provide a method for all12
questions related to the application and interpretation of the sales and use tax law of13
a particular taxing authority received by the committee or the Department of14
Revenue to be forwarded to the appropriate collector for response.15
* * *16
I.(1)17
* * *18
(b) The secretary and the advisory committee shall be notified of any19
changes in such information as provided for in Subsection D of this Section. Each20
collector shall follow the data validation procedures established by the advisory21
committee secretary.22
* * *23
J. If the secretary of the Department of Revenue and the commissioner of24
administration certify to the advisory committee that there was not a separate line25
item in the general appropriations bill appropriating funds to the Department of26
Revenue for the design, implementation, and operation of the system provided for27
in this Section for the fiscal year, or that insufficient funds were appropriated in such28
line item, then such electronic filing and remittance shall not be available to29 HLS 10RS-1293 ORIGINAL
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are additions.
taxpayers from the first of the month following such certification and the secretary1
may take such steps as he deems necessary to prevent access to the system until the2
secretary and the commissioner certify that such funds have been appropriated in a3
separate line item.4
(B) R.S. 47:337.22(C) and 337.23(H) are hereby repealed in their entirety.5
Louisiana Infrastructure Bank6
Section 18. Chapter 54 of Title 51 of the Louisiana Revised Statutes of 1950,7
comprised of R.S. 51:3111 through 3115, is hereby repealed in its entirety.8
Ground Water Management Advisory Task Force9
Section 19. Section 4 of Act 446 of the 2001 Regular Session of the Legislature is10
hereby repealed in its entirety.11
Section 20. This Act shall become effective on July 1, 2010; if vetoed by the12
governor and subsequently approved by the legislature, this Act shall become effective on13
July 1, 2010, or on the day following such approval by the legislature, whichever is later.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Smiley HB No. 1226
Abstract: Provides for the abolition of certain boards, commissions, authorities, and like
entities; in some cases also abolishes the functions and responsibilities of the entity;
in other cases provides that some other person or entity is responsible for the
functions and responsibilities of the abolished entity.
Proposed law provides for the abolition of certain boards, commissions, political
subdivisions, authorities, and like entities; in some cases also abolishes the functions and
responsibilities of the entity; in other cases provides that some other person or entity is
responsible for the functions and responsibilities of the abolished entity, all as follows:
Catfish Promotion and Research Board: Present law creates the board to work with the
commissioner of Agriculture and Forestry to develop markets for Louisiana catfish
and for funding research and educational activities for the Louisiana catfish industry.
Proposed law abolishes the commission and its functions.
Aquaculture Coordinating Council: Present law creates the council to work with the
commissioner of Agriculture and Forestry to implement and manage a unified
program for overseeing and coordinating modern, sustainable aquacultural
production in Louisiana. Proposed law abolishes the council and it's duties and
transfers these duties to the commissioner of Agriculture and Forestry. HLS 10RS-1293 ORIGINAL
HB NO. 1226
Page 27 of 28
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are additions.
Financial Literacy and Education Commission: Present law creates the commission to
develop and implement a state agency to promote the financial literacy and improve
the financial education of Louisiana citizens. Proposed law abolishes the
commission in its entirety.
Advisory Panel on the Louisiana Teachers' Homebuyer Program: Present law establishes
the panel to help the State Treasurer oversee and administer a program designed to
attract teachers to poor or rural areas of the state. Proposed law abolishes the panel
and transfers its responsibilities to the State Treasurer.
Louisiana Geography Education Initiative Program Council: Present law establishes the
council to help create a program to promote the value and importance of geography
in Louisiana schools. Proposed law abolishes the council and transfers its
responsibilities to the superintendent of education.
Atchafalaya Basin Advisory Committee: Present law creates the committee to advise on the
implementation of the the Basin master plan, the annual Basin plan, and the
Atchafalaya Basin Floodway System. Proposed law abolishes the commission and
transfers its responsibilities to the Atchafalaya Basin Research and Promotion Board.
Fireman's Supplemental Pay Board: Present law creates the board to make determinations
on the eligibility of firemen for supplemental pay and back supplemental pay when
payments are made from state funds. Proposed law abolishes the commission and
powers and transfers its responsibilities to the division of administration.
Physician Assistants Advisory Committee: Present law creates the committee to advise the
Louisiana State Board of Medical Examiners on all matters specifically dealing with
the licensing or disciplining of physician assistants, and regulations relative thereto.
Proposed law abolishes the committee and its functions.
Advisory Committee on Polysomnography: Present law creates the committee to advise the
State Board of Medical Examiners relative to the practice of polysomnography (the
performance of sleep diagnostics under the direction and supervision of a physician).
Proposed law abolishes the committee and its functions.
Louisiana Advisory Committee on Midwifery: Present law creates the committee to advise
the Louisiana State Board of Medical Examiners relative to the practice and
regulation of midwifery. Proposed law abolishes the committee and its functions.
Lincoln Parish Reservoir Authority: Present law creates the authority to create, regualate,
and manage recreational facilities, water conservation, and reservoirs created by the
authority. Proposed law abolishes the authority and its functions.
School Health Advisory Board: Present law creates the board to develop a standard health
form for use in all city, parish, and other public school systems. Proposed law
abolishes the board and its functions.
Ambulance Standards Committee: Present law creates the committee to establish a list of
required medical and safety equipment which shall be carried as part of the regular
equipment of every ambulance. Proposed law abolishes the committee and its
functions.
Women's Health Commission: Present law creates the commission educate the public
relative to women's health and to advise DHH relative to the availability of and
access to health and social services for women. Proposed law abolishes the
commission and its functions. HLS 10RS-1293 ORIGINAL
HB NO. 1226
Page 28 of 28
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are additions.
Silver Alert Steering Committee: Present law creates the committee to study and make
recommendations to the legislature relative to public alerts for missing elderly and
mentally impaired persons. Proposed law abolishes the committee and its functions.
Compensation Review Commission: Present law creates the commission to make a study
of the salaries, expenses, reimbursements, and other forms of compensation and
benefits of statewide elected officials and members of the legislature. Proposed law
abolishes the commission and its functions.
Uniform Electronic Local Return and Remittance Advisory Committee: Present law
establishes the committee to create a uniform electronic local return form for sales
tax remittance. Proposed law abolishes the committee and transfers its authority to
the Dept. of Revenue.
Louisiana Infrastructure Bank: Present law creates the bank to facilitate providing funds to
municipalities, other political subdivisions, and other public entities for the planning,
design, construction, and maintenance connected with infrastructure programs.
Proposed law abolishes the bank and its functions.
Ground Water Management Advisory Task Force: Present law creates the task force to help
develop a plan for implementing a comprehensive water management system.
Effective July 1, 2010.
(Amends R.S. 3:559.3(5) through (8), 559.6, 559.7(A) through (E) and (F)(introductory
paragraph), 559.8(A) and (C)(introductory paragraph), 559.11, 559.12(13), and 559.13(D),
R.S. 17:427.4(A)(2)(c) and (d), (B), and (C), 2902(1) through (3), 2912(A)(introductory
paragraph) and (B)(introductory paragraph), and 2913, R.S. 30:2000.2(7) through (10) and
2000.3(B), R.S. 33:2009 and 2010, R.S. 37:2862, 2865(C), and 3241, R.S. 40:1235(A)(3)
through (6), and 1235.1(B)(1), R.S. 47:337.22(B) and 337.23(A)(2), (B), (C)(introductory
paragraph), (D), (F), (G), (I)(1)(b), and (J) and repeals R.S. 3:558.1 through 558.13,
559.3(9), 559.4, and 559.5, R.S. 6:1371 through 1375, R.S. 17:427.4(A)(2)(e) and (D)
through (G), 2902(4), and 2911, R.S. 30:2000.2(11) and 2000.8, R.S. 33:2006 through 2008,
R.S. 36:259(M), (P),(V), and (II), 409(C)(2), 509(U), 629(R), and 919.7, R.S. 37:1270.1,
2862(13), 2864, 3241(15) and 3242, R.S. 38:3087.281 through 3087.295, R.S. 40:5.12,
1235(A)(7), 1300.241, 1300.242, and 2529, Chapter 26 of Title 42 of the Louisiana Revised
Statutes of 1950, comprised of R.S. 42:1481 through 1485, R.S. 47:337.22(C) and
337.23(H), Chapter 54 of Title 51 of the Louisiana Revised Statutes of 1950, comprised of
R.S. 51:3111 through 3115, and Section 4 of Act 446 of the 2001 Regular Session of the
Legislature)