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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, 559.6, 559.8(A), (B), and (C)(introductory paragraph),2
559.9(A) and (E), 559.11, 559.12(13), and 559.13(C), (D), and (F), R.S.3
17:427.4(A)(2)(c) and (d), (B), and (C), 2902(1) through (3), 2912(A)(introductory4
paragraph) and (B)(introductory paragraph), and 2913, R.S. 30:2000.2(7) through5
(10), 2000.3(B), and 2345, R.S. 33:9039.56(B), and 9039.125(B), R.S.6
36:101(C)(3)(a)(ii), R.S. 37:3241, R.S. 39:333.1(E) and the heading of Chapter 3-A7
of Title 39 of the Louisiana Revised Statutes of 1950, R.S. 40:1235(A)(3) through8
(6), and 1235.1(B)(1), R.S. 46:2356(A)(1) and (9) and (B), R.S. 51:938.1(D)(8), and9
R.S. 56:411(B) and 415 and to repeal R.S. 3:559.4, 559.5, 559.7, and 559.14, R.S.10
6:1371 through 1375, Chapter 8-A of Title 15 of the Louisiana Revised Statutes of11
1950, comprised of R.S. 15:1231 through 1237, R.S. 17:427.4(A)(2)(e) and (D)12
through (G), 2902(4), and 2911, Chapter 4-A of Title 25 of the Louisiana Revised13
Statutes of 1950, comprised of R.S. 25:315 through 318, R.S. 30:2000.2(11) and14
2000.8, R.S. 36:109(H), 259(D), (M), (V), and (II), 478(G), 509(F)(6) and (7) and15
(U), 629(R), 769(F)(1) and (3), and 919.7, R.S. 37:3214(15) and 3242, Chapter 1216
of Title 38 of the Louisiana Revised Statutes of 1950, comprised of R.S. 38:243117
through 2439, Part XXXI of Chapter 13 of Title 38 of the Louisiana Revised Statutes18
of 1950, comprised of R.S. 38:3087.281 through 3087.295, R.S. 39:452 through19
456, Chapter 3-D of Title 39 of the Louisiana Revised Statutes of 1950, comprised20 HLS 10RS-1293 ENGROSSED
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of R.S. 39:465.1 through 465.8, Chapter 3-E of Title 39 of the Louisiana Revised1
Statutes of 1950, comprised of R.S. 39:466.1 through 466.7, R.S. 39:1407, and R.S.2
39:1409, R.S. 40:5.12, 1235(A)(7), 1300.241, 1300.242, 2009.24, Part XII of3
Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S.4
40:2198 through 2198.6, and 2529, Chapter 26 of Title 42 of the Louisiana Revised5
Statutes of 1950, comprised of R.S. 42:1481 through 1485, R.S. 46:2352(7)(c),6
Chapter 27 of Title 48 of the Louisiana Revised Statutes of 1950, comprised of R.S.7
48:2041 through 2046, and Chapter 54 of Title 51 of the Louisiana Revised Statutes8
of 1950, comprised of R.S. 51:3111 through 3115, relative to boards, commissions,9
authorities, districts, and like entities; to abolish certain inactive boards,10
commissions, authorities, and like entities; to remove references to certain abolished11
entities; to remove references to, provisions for, and the powers, functions, and12
duties of the Louisiana Music Commission, the Aquaculture Coordinating Council,13
the Financial Literacy and Education Commission, the Advisory Panel on the14
Louisiana Teachers' Homebuyer Program, the Louisiana Geography Education15
Initiative Program Council, the Atchafalaya Basin Advisory Committee, the16
Louisiana Advisory Committee on Midwifery, the Lincoln Parish Reservoir17
Authority, the School Health Advisory Board, the Ambulance Standards Committee,18
the Women's Health Commission, the Silver Alert Steering Committee, the19
Compensation Review Commission, the State Building Authority, State Bond and20
Building Commission, the Capital Construction and Improvement Commission, the21
Louisiana School Asbestos Abatement Commission, the South Central Regional22
Transportation Authority, the Rural Health Care Authority, the Regional Transit23
Authority, the Nursing Home Quality and Efficiency Board, the Commission on Law24
Enforcement Services for the Elderly, and the Interpreter Certification Board, and25
the Louisiana Infrastructure Bank; to provide for transfer of some of the powers,26
functions, and duties of some of the above referenced entities; to provide for certain27
technical corrections regarding placement of boards and commissions in the28
Executive Reorganization Act; and to provide for related matters.29 HLS 10RS-1293 ENGROSSED
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Be it enacted by the Legislature of Louisiana:1
Louisiana Music Commission2
Section 1.(A) R.S. 33:9039.56(B) and 9039.125(B) are hereby amended and3
reenacted to read as follows:4
§9039.56. Cooperation with state agencies5
* * *6
B. The commission shall establish a liaison with the Department of Culture,7
Recreation and Tourism, and the office of state police, and the Louisiana Music8
Commission and inform such entities of filming and television production activity9
in Northeast Louisiana and seek their cooperation in assisting such activity.10
* * *11
§9039.125. Cooperation with state agencies12
* * *13
B. The district, through the board, shall establish a liaison with the14
Department of Culture, Recreation and Tourism, the office of state police, local15
governments, and law enforcement, and the Louisiana Music Commission and16
inform such entities of filming and television production activity in the district and17
seek their cooperation in assisting such activity.18
* * *19
(B) R.S. 36:101(C)(3)(a)(ii) is hereby amended and reenacted to read as follows:20
§101. Department of Economic Development; creation; domicile; composition;21
purposes and functions 22
* * *23
C.24
* * *25
(3)(a) However, the department shall be prohibited from employing,26
appointing, or assigning any of the following persons to positions within the27 HLS 10RS-1293 ENGROSSED
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department for a period of two years following the termination of their public service1
as any of the following:2
* * *3
(ii) An appointee or employee of the executive branch of state government4
who was subject to Senate confirmation and who was appointed or employed as of5
March 26, 2001. However, officers and employees of the Department of Economic6
Development, the Louisiana Music Commission, and the office of film and video7
within the Department of Culture, Recreation and Tourism shall be exempted from8
this Subparagraph.9
* * *10
(C) R.S. 51:938.1(D)(8) is hereby amended and reenacted to read as follows:11
§938.1. Office of entertainment industry development created12
* * *13
D. The office shall promote the development of the digital media, music,14
film, and television industries within this state and may engage in the following15
activities:16
* * *17
(8) Establish a partnership with the Department of Culture, Recreation and18
Tourism and the Louisiana Music Commission that provides for collaboration19
between the office of entertainment industry development, the Louisiana Music20
Commission, and the Department of Culture, Recreation and Tourism to advance,21
through strategic initiatives, Louisiana's cultural economy.22
* * *23
(D) Chapter 4-A of Title 25 of the Louisiana Revised Statutes of 1950, comprised24
of R.S. 25:315 through 318, and R.S. 36:109(H) are hereby repealed in their entirety.25
Aquaculture Coordinating Council26
Section 2.(A) R.S. 3:559.3, 559.6, 559.8(A), (B), and (C)(introductory paragraph),27
559.9(A) and (E), 559.11, 559.12(13), and 559.13(C), (D), and (F) are hereby amended and28
reenacted to ready as follows:29 HLS 10RS-1293 ENGROSSED
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§559.3. Terms defined1
As used in this Part, the following terms shall have the meanings given to2
them except where the context expressly indicates otherwise:3
(1) "Aquaculture" means the producing, raising, managing, harvesting, or4
marketing of aquatic livestock under controlled conditions.5
(2) "Aquatic livestock" means finfish species and crawfish domestic aquatic,6
nongame, native, freshwater organisms produced, raised, managed, or harvested7
within or from a constructed impoundment in compliance with rules and regulations8
adopted pursuant to this Part. "Aquatic livestock" shall not include those species of9
fish excluded from this Part by R.S. 3:559.14.10
(3) "Aquatic producer" means any person engaged in producing, raising,11
managing, harvesting, or marketing aquatic livestock.12
(4) "Commissioner" means the Louisiana commissioner of agriculture and13
forestry.14
(5) "Council" means the Louisiana Aquaculture Coordinating Council.15
(6) "Department" means the Louisiana Department of Agriculture and16
Forestry.17
(7) (6) "Facility" means any piece of property that contains a constructed18
impoundment or other area where aquatic livestock are produced, raised, managed,19
harvested, or marketed.20
(8) (7) "Impoundment" means any private, constructed pond, lake, reservoir,21
tank, cage, or other means of containment that has no inlet from or outlet to any22
public waters.23
(9) (8) "Person" means an individual, partnership, firm, company,24
association, corporation, limited liability company, and any other legal entity or25
group of persons.26
§559.6. Powers of the commissioner27
A. The council commissioner shall have the following powers and28
responsibilities:29 HLS 10RS-1293 ENGROSSED
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(1) To develop and advise on the implementation of a regulatory framework1
for the orderly development and maintenance of a modern, sustainable aquacultural2
segment of Louisiana's agriculture industry and to promote aquaculture and3
aquaculture products.4
(2) To determine and recommend to the commissioner and the Wildlife and5
Fisheries Commission, based on a scientific risk assessment, which species of6
aquatic livestock are suitable for aquacultural production in Louisiana.7
(3) (2) To recommend to the commissioner develop criteria for requiring8
licenses and permits licensing and permitting and for granting or denying licenses9
and permits issued pursuant to this Part.10
(4) (3) To hold hearings on alleged violations of the provisions of this Part11
or of the rules and regulations adopted pursuant to this Part.12
(5) (4) To advise the commissioner on the impose civil penalties to be13
imposed or the and decide on injunctive or other civil relief to be sought for14
violations of the provisions of this Part or of the rules and regulations adopted15
pursuant to this Part.16
(6) To perform such other advisory functions as the commissioner may17
assign to the council.18
B. The commissioner shall have the following powers:19
(1) Adopt (5) To adopt rules and regulations as are necessary to implement20
the provisions of this Part, including regulations establishing the criteria for granting21
or denying licenses and permits, based upon recommendations made by the council.22
All rules and regulations shall be adopted in accordance with the provisions of this23
Part and promulgated in accordance with the Administrative Procedure Act, R.S.24
49:950 et seq.25
(2) Administer (6) To administer and enforce the provisions of this Part and26
the rules and regulations adopted pursuant to this Part.27
(3) Collect (7) To collect, administer, and disburse the proceeds of all fees,28
interest, penalties, and other monies collected pursuant to this Part.29 HLS 10RS-1293 ENGROSSED
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(4) Issue (8) To issue licenses and permits to persons engaged in1
aquacultural activities in accordance with this Part.2
(5) Conduct (9) To conduct inspections and investigations in accordance3
with the provisions of this Part and any rules and regulations adopted pursuant to the4
provisions of this Part.5
(6) Seek (10) To seek and obtain injunctive or other civil relief to restrain6
and prevent violations of this Part, rules and regulations adopted pursuant to this7
Part, or orders and rulings issued pursuant to this Part.8
(7) Institute (11) To institute civil proceedings to enforce his orders or9
rulings, collect any fees, fines, penalties, or costs due under this Part or to otherwise10
enforce the provisions of this Part or rules and regulations adopted pursuant to this11
Part.12
(8) Issue (12) To issue a stop order to prevent a violation or further violation13
of this Part or of any rule or regulation adopted pursuant to this Part.14
C. B. Any suit filed pursuant to this Part may be filed in East Baton Rouge15
Parish or in any parish of proper venue.16
§559.8. Aquacultural production; licensing; fees; records17
A. Every aquatic producer of a suitable species of aquatic livestock shall18
obtain a license from the department for each facility owned or operated by the19
aquatic producer. Each license shall be renewed annually. An application for a20
license shall be on a form furnished by the department and shall solicit such21
information as the department deems reasonably pertinent. A fee or structured fees22
for licenses, permits, applications for licenses, inspections, and other services23
required under this Part may be adopted by rule or regulation, based upon the24
recommendation of the council. The amount of any fees shall not generate revenues25
in excess of the total cost involved in providing the license, permit, or service.26
B. Prior to approval and issuance of any license, the Department of27
Agriculture and Forestry and the Department of Wildlife and Fisheries shall jointly28
inspect each facility subject to the license to determine that aquatic livestock at the29 HLS 10RS-1293 ENGROSSED
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facility are in compliance with the rules and regulations adopted pursuant to this1
Part.2
C. The criteria used by the departments department in inspecting the facility3
shall be established by rules and regulations adopted in consultation with the council.4
The criteria shall include the following:5
* * *6
§559.9. Inspections; investigations; confidentiality7
A. The department may conduct an investigation if it has reason to believe8
that a violation of this Part or the rules or regulations adopted pursuant to this Part9
may occur or has occurred. In connection with any such investigation, the10
department may issue subpoenas to compel the attendance of witnesses or the11
production of documents and records anywhere in the state. The subpoenas shall be12
served as provided for the service of subpoenas under the Administrative Procedure13
Act.14
* * *15
E. The Department of Agriculture and Forestry and the Department of16
Wildlife and Fisheries are is authorized to jointly inspect each facility licensed17
pursuant to R.S. 3:559.8 to determine that the aquatic livestock and the facility are18
in compliance with the rules and regulations adopted pursuant to this Part. The two19
departments shall enter into a memorandum of understanding to delineate the20
procedures for such inspections.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
department. The commissioner, as authorized by the council, shall make26
disbursements from the fund for the activities of the council authorized by the Part.27 HLS 10RS-1293 ENGROSSED
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B. The monies in the fund shall be used for the following purposes:1
(1) To provide for the expenses of the program established by this Part. The2
commissioner may retain a portion of the total assessments collected, as is necessary3
to defray the costs of collecting assessments and administering and enforcing this4
Part.5
(2) To fund all costs of the council related to the orderly development of a6
modern, sustainable aquacultural segment of Louisiana's agriculture industry and7
promotion of aquaculture and aquaculture products.8
§559.12. Violations; cost of remedying violations9
Violations of this Part shall include but shall not be limited to the following:10
* * *11
(13) Interfering with the council, the commissioner, or the department or12
their representatives in the performance of their duties in connection with this Part.13
* * *14
§559.13. Penalties; enforcement15
* * *16
C. In addition to any penalty that may be imposed under Subsection A or B17
of this Section, any person who operates a facility requiring a license from which18
eggs, larvae, juveniles, or adults of aquatic livestock or their waste or unpurified19
water escape or are released may be required to reimburse the state or appropriate20
state agency or agencies department any cost incurred by them in the destroying,21
removing, containing, or monitoring of the release or discharge. It shall be an22
affirmative defense that the release or discharge was an act of nature or sabotage if23
the aquatic producer operating the facility held, at the time of the release or24
discharge, a valid unsuspended license listing the facility. No affirmative defense25
shall be available to an aquatic producer if, at the time of the release or discharge,26
he was unlicensed, or if his license was suspended, or if the facility from which the27
release or discharge came was not listed on his license, or if he was producing,28 HLS 10RS-1293 ENGROSSED
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managing, harvesting, or marketing aquatic livestock that had not been determined1
to be suitable for aquaculture pursuant to this Part.2
D. Penalties and costs of reimbursement may be assessed only by a ruling3
of the commissioner based upon an adjudicatory hearing held in accordance with the4
provisions of the Administrative Procedure Act and this Part. The council shall be5
convened by the commissioner for the purpose of hearing any alleged violation of6
this Part or any regulation adopted pursuant to this Part, or to impose the cost of7
reimbursement. The commissioner shall appoint a hearing officer to preside over the8
hearing. The council shall make an initial determination on the matter. This9
determination shall be submitted to the commissioner in writing. The commissioner10
shall make the final determination on the matter. If the determination of the11
commissioner differs from the determination of the board , the commissioner shall12
issue a written opinion based on the record of the hearing.13
* * *14
F. Any action brought for civil violation shall not preclude criminal15
prosecution for the same violation of this Part or rules and regulations promulgated16
hereunder. Any violation of rules or regulations promulgated by the Wildlife and17
Fisheries Commission pursuant to R.S. 3:559.7(D) shall be a class two violation as18
defined by R.S. 56:32.19
(B) R.S. 56:411(B) and 415 are hereby amended and reenacted to read as follows:20
§411. Legislative findings and purpose21
* * *22
B. For the purposes of this Subpart the following definitions shall apply:23
(1) "Aquaculture" means any activity associated with the possession,24
propagation, culture, management, transport, or marketing of domesticated aquatic25
organisms in a controlled environment. The provisions of this Paragraph and this26
Subpart shall not apply to farm-raised catfish or farm-raised crawfish aquatic27
livestock.28 HLS 10RS-1293 ENGROSSED
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(2) "Aquatic livestock" means native, freshwater, aquatic organisms but does1
not include freshwater game fish as defined in R.S. 56:8 nor federally protected2
organisms.3
(3) "Domesticated aquatic organism" shall specifically include all4
domesticated fish as defined in R.S. 56:8 and any fish approved by the department5
through the promulgation of the list of approved aquatic organisms under the6
Administrative Procedure Act.7
* * *8
§415. Crawfish and catfish Exemption; aquatic livestock farmers9
A. The provisions of this Subpart shall not apply to the production and10
harvesting of catfish or crawfish aquatic livestock in private ponds, or to the11
transporting of crawfish or catfish aquatic livestock from a private pond to the first12
point of sale, or to the sale to the first purchaser of crawfish or catfish aquatic13
livestock which are produced and harvested in private ponds.14
B. The Wildlife and Fisheries Commission and the Department of Wildlife15
and Fisheries shall not have jurisdiction over any activities or transactions exempted16
by this Section. The Department of Agriculture and Forestry shall have jurisdiction17
over activities exempted by this Section.18
(C) R.S. 3:559.4, 559.5, 559.7, and 559.14 and R.S. 36:629(R) are hereby repealed19
in their entirety.20
Financial Literacy and Education Commission21
Section 3. R.S. 6:1371 through 1375 are hereby repealed in their entirety.22
Advisory Panel on the Louisiana Teachers' Homebuyer Program 23
Section 4.(A) R.S. 17:427.4(A)(2)(c) and (d), (B), and (C) are hereby amended and24
reenacted to read as follows:25 HLS 10RS-1293 ENGROSSED
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§427.4. Intent; purpose; teachers' homebuyer program; authorization; advisory panel1
A.2
* * *3
(2) As used in this Section, the following terms shall have the following4
meanings, unless the context requires otherwise:5
* * *6
(c) "Panel" means the Advisory Panel on the Louisiana Teachers'7
Homebuyers Program established in this Section.8
(d) "Program" means the Louisiana Teachers' Homebuyers Program9
established pursuant to this Section.10
(e) (d) "State board" means the State Board of Elementary and Secondary11
Education.12
B. The Louisiana Teachers' Homebuyer Program is hereby established as a13
special home loan and loan closing assistance program for any eligible teacher. The14
Advisory Panel on the Louisiana Teachers' Homebuyer s Program treasurer shall15
identify disadvantaged geographical areas in the state. The State Board of16
Elementary and Secondary Education through the state Department of Education17
shall identify low-performing schools as defined by the state board which are located18
in disadvantaged geographical areas.19
C. The state treasurer is hereby authorized to administer the program as20
developed and approved pursuant to Subsection D of this Section in conjunction with21
the Federal National Mortgage Association (Fannie Mae). The treasurer may22
contract or enter into any agreement with one or more public or private entities to23
provide assistance in implementing and administering the program. The treasurer24
shall adopt any rules or regulations necessary for the implementation and25
administration of the program pursuant to the Administrative Procedure Act.26
(B) R.S. 17:427.4(A)(2)(e) and (D) through (G) are hereby repealed in their entirety.27 HLS 10RS-1293 ENGROSSED
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Louisiana Geography Education Initiative Program Council1
Section 5.(A) R.S. 17:2902(1) through (3), 2912(A)(introductory paragraph) and2
(B)(introductory paragraph), and 2913 are hereby amended and reenacted to read as follow:3
§2902. Definitions4
As used in this Chapter, the following definitions shall apply unless the5
context clearly requires otherwise:6
(1) "Council" means the Louisiana Geography Education Initiative Program7
Council.8
(2) "LaGEA" means the Louisiana Geography Education Alliance.9
(3) (2) "LaGEIP" means the Louisiana Geography Education Initiative10
Program.11
(4) (3) "State board" means the State Board of Elementary and Secondary12
Education.13
§2912. Powers and duties14
A. The council state superintendent of education shall:15
* * *16
B. The council state superintendent of education may:17
* * *18
§2913. LaGEIP staff19
The council shall utilize alternatively Board of Regents or and state board20
employees, to shall provide staff support for the LaGEIP , based upon whether the21
chair of the Board of Regents or the president of the state board is serving as22
president of the council.23
(B) R.S. 17:2902(4) and 2911 are hereby repealed in their entirety.24
Atchafalaya Basin Advisory Committee25
Section 6.(A) R.S. 30:2000.2(7) through (10) and 2000.3(B) are hereby amended and26
reenacted to read as follows:27 HLS 10RS-1293 ENGROSSED
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§2000.2. Definitions1
As used in this Chapter, the following terms shall have the meaning ascribed2
to them below:3
* * *4
(7) "Committee" means the Atchafalaya Basin Advisory Committee.5
(8) "Department" means the Department of Natural Resources.6
(9) (8) "Program" means the Atchafalaya Basin Program.7
(10) (9) "Secretary" means the secretary of the Department of Natural8
Resources.9
(11) (10) "Water management project" means any project that facilitates10
improvements to water quality, interior circulation, water access, or improvements11
to general ecosystem function by means of sediment reduction, removal, or12
diversion.13
* * *14
§2000.3. Creation of program15
* * *16
B. The program shall include the secretary, the Atchafalaya Basin Research17
and Promotion Board, the Atchafalaya Basin Advisory Committee, and staff for the18
boards and commissions in the program.19
(B) R.S. 30:2000.2(11) and 2000.8 are hereby repealed in their entirety.20
Commission on Law Enforcement Services for the Elderly21
Section 7. Chapter 8-A of Title 15 of the Louisiana Revised Statutes of 1950,22
comprised of R.S. 15:1231 through 1237, is hereby repealed in its entirety.23
Interpreter Certification Board24
Section 8.(A) R.S. 46:2356(A)(1) and (9) and (B) are hereby amended and reenacted25
to read as follows:26 HLS 10RS-1293 ENGROSSED
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§2356. Denial, suspension, or revocation of a certificate1
A. The commission may deny application by an applicant or may deny2
renewal of, suspend, or revoke an interpreter's certificate, and/or discipline a certified3
interpreter for any of the following causes:4
(1) Conviction of a felony or any offense involving moral turpitude in any5
court if the acts for which the interpreter or applicant was convicted are found by the6
Interpreter Certification Board commission to have a direct bearing on whether the7
interpreter or applicant should be entrusted to serve the public in the capacity of an8
interpreter. Crimes having a direct bearing include but are not limited to criminal9
conduct such as crimes of violence, burglary, theft, forgery, bribery, perjury, and10
those related to controlled dangerous substances.11
* * *12
(9) Intentionally harassing, abusing, or intimidating any member of the13
Interpreter Certification Board or the commission, any candidate for certification, or14
any supportive staff member, either physically or verbally.15
* * *16
B. If the commission decides to deny an applicant or to deny, suspend, or17
revoke the certificate of an applicant or certificate holder, or take other disciplinary18
action based on a recommendation by the Interpreter Certification Board, the19
executive director of the commission shall notify the applicant or certificate holder20
in writing by registered mail and include the following:21
(1) The reason for the proposed denial, suspension, revocation, probation,22
or disqualification.23
(2) Notification that he may request a hearing or on submission of24
documentary evidence, appeal and request that the board commission reconsider its25
decision without a hearing.26
(3) Notification that the appeal regarding the commission's decision shall be27
received by the executive director of the commission not later than thirty days from28
the date of the notification of the board's commission's decision. If an appeal is not29 HLS 10RS-1293 ENGROSSED
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received, the applicant or certificate holder shall be deemed to have waived a hearing1
and is not contesting the proposed action.2
* * *3
(B) R.S. 36:478(G) and R.S. 46:2352(7)(c) are hereby repealed in their entirety.4
Nursing Home Quality and Efficiency Board5
Section 9. R.S. 40:2009.24 is hereby repealed in its entirety.6
Louisiana Advisory Committee on Midwifery7
Section 10.(A) R.S. 37:3241 is hereby amended and reenacted to read as follows:8
§3241. Definitions 9
As used in this Chapter, the following terms shall apply unless the context10
clearly states otherwise: 11
(1) "Advisory committee" means the Louisiana Advisory Committee on12
Midwifery. 13
(2) (1) "Apprentice permit" means a permit issued by the Department of14
Health and Hospitals to authorize a person desiring to become a licensed midwife to15
obtain clinical experience under supervision of a physician, certified nurse midwife,16
certified nurse practitioner specially qualified by the Board of Nursing, or licensed17
midwife. 18
(3) (2) "Approved program" means a midwifery school or a midwifery19
training program which is approved by the board for the education of midwives. 20
(4) (3) "Board" means the Louisiana State Board of Medical Examiners.21
(5) (4) "Certified nurse midwife" means a nurse authorized by the Louisiana22
State Board of Nursing to practice as a certified nurse midwife in the state. 23
(6) (5) "Contact hour" means a unit of measurement to describe fifty to sixty24
minutes of an approved, organized learning experience or two hours of planned and25
supervised clinical practice which is designed to meet professional educational26
objectives.27
(7) (6) "Continuing education" means participation in an organized learning28
experience under responsible sponsorship, capable direction, and qualified29 HLS 10RS-1293 ENGROSSED
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instruction and approved by the board for the purpose of meeting requirements for1
renewal of registration under these regulations. 2
(8) (7) "Department" means the Department of Health and Hospitals. 3
(9) (8) "Licensed midwife" means a person who has completed all4
requirements of R.S. 37:3247, 3253, and 3255, has successfully completed the5
examination process, and is in good standing on the registry of licensed midwives6
maintained by the board.7
(10) (9) "Licensed midwifery" means the provision of health services in8
pregnancy and childbirth by a person not a licensed physician or a certified nurse9
midwife. 10
(11) (10) "Licensing period" means a two-year period running from April 111
of any year through March 31 of the second successive year; registration or permits12
may be issued at any time but shall expire on March 31 of the second successive13
year. 14
(12) (11) "Midwifery instructor" means a person who has a formal training15
and supervisory relationship with an apprentice midwife. 16
(13) (12) "Physician" means a person who is currently practicing obstetrics17
and is licensed to practice medicine or osteopathy in Louisiana.18
(14) (13) "Senior apprentice permit" means a permit issued by the board to19
authorize a person desiring to be a licensed midwife to continue obtaining clinical20
experience under general direction rather than supervision. 21
(15) (14) "Supervision" means the coordination, direction, and continued22
evaluation at first hand of the person in training and obtaining clinical experience as23
an apprentice midwife within the scope of these provisions.24
(B) R.S. 37:3241(15) and 3242 and R.S. 36:259(V) are hereby repealed in their25
entirety.26 HLS 10RS-1293 ENGROSSED
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Lincoln Parish Reservoir Authority1
Section 11. Part XXXI of Chapter 13 of Title 38 of the Louisiana Revised Statutes2
of 1950, comprised of R.S. 38:3087.281 through 3087.295, and R.S. 36:509(U) are hereby3
repealed in their entirety.4
School Health Advisory Board5
Section 12. R.S. 40:5.12 is hereby repealed in its entirety.6
Ambulance Standards Committee7
Section 13.(A) R.S. 40:1235(A)(3) through (6) and 1235.1(B)(1) are hereby8
amended and reenacted to read as follows:9
§1235. Qualifications to operate ambulances; equipment; penalty10
A.11
* * *12
(3)(a) The Department of Health and Hospitals shall promulgate rules and13
regulations establishing a list of required medical and safety equipment which shall14
be carried as part of the regular equipment of every ambulance. No person shall15
conduct, maintain, or operate an ambulance which does not carry with it, in fully16
operational condition, all of the equipment included in the list, which shall be17
consistent with the scope of practice for emergency medical technicians established18
in R.S. 40:1234 and which shall be based upon the recommendations of an advisory19
committee known as the Ambulance Standards Committee.20
(b) After its initial establishment, the list shall be subject to review after four21
years and at any time thereafter. The list shall not be changed more often than once22
every four years. However, nothing in this Paragraph shall prohibit the department23
from supplementing the list with state-of-the-art, newly developed devices,24
equipment, or medications approved by the Ambulance Standards Committee that25
may be carried in lieu of other items on the list.26
(4) The Ambulance Standards Committee of the Emergency Medical27
Services Task Force as established by the assistant secretary of the office of public28
health is hereby established. The committee shall be composed of the following29 HLS 10RS-1293 ENGROSSED
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members and such additional members as the assistant secretary of the office of1
public health may appoint:2
(a) The medical director of the Department of Health and Hospitals.3
(b) The director of the bureau of emergency medical services of the4
Department of Health and Hospitals.5
(c) A representative of the health standards section of the Department of6
Health and Hospitals.7
(d) One representative, appointed by the assistant secretary of the office of8
public health, from each of the following:9
(i) The Louisiana State Medical Society.10
(ii) The American College of Emergency Physicians.11
(iii) The American College of Surgeons.12
(iv) The American Academy of Pediatrics.13
(v) The Louisiana Ambulance Association.14
(vi) The Louisiana Rural Ambulance Alliance.15
(vii) The Louisiana Association of Nationally Registered Emergency16
Medical Technicians.17
(viii) The Governor's Emergency Medical Services for Children Advisory18
Council.19
(ix) Municipal third service ambulance providers.20
(x) Rural ambulance providers.21
(xi) Private sector ambulance providers.22
(xii) Fire service-based ambulance providers.23
(xiii) Hospital-based emergency medical services providers.24
(xiv) Professional firefighters.25
(xv) The Professional Firefighters Association of Louisiana.26
(5) Nothing herein shall prohibit the transportation of an injured or ill person27
in an ambulance or industrial ambulance staffed by persons with less than the28
required qualifications in an emergency situation where there is no reasonable29 HLS 10RS-1293 ENGROSSED
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expectation of the prompt response by an ambulance staffed by persons with the1
required qualifications.2
(6) (5) Nothing herein shall prohibit a firefighter, law enforcement officer,3
or good Samaritan from assisting an ambulance at the scene of an emergency or4
while transporting a patient to a medical facility at the request of the emergency5
medical technician.6
(7) (6) Nothing herein shall prohibit an individual without the required7
qualifications from riding in an ambulance for the purpose of training, observation,8
or continuing education.9
* * *10
§1235.1. Qualifications to operate emergency medical response vehicles; vehicle11
requirements; equipment; penalties12
* * *13
B. No person shall conduct, maintain, or operate an emergency medical14
response vehicle as an emergency vehicle which:15
(1) Does not carry with it as part of its regular equipment the list of16
equipment for emergency medical response vehicles as prescribed in rules and17
regulations promulgated by the Department of Health and Hospitals based on the18
recommendations of the Ambulance Standards Committee of the Emergency19
Medical Services Task Force as established by the assistant secretary of the office20
of public health. This list shall be based upon the recommendations of the American21
College of Surgeons as provided in R.S. 40:1235(A)(3). The list shall be consistent22
with the scope of practice for emergency medical technicians established in R.S.23
40:1234. After initial promulgation, such list shall be subject to review after four24
years and anytime thereafter. The list shall not be changed more often than once25
every four years. However, nothing shall preclude the Department of Health and26
Hospitals from supplementing the list with state of the art state-of-the-art, newly27
developed devices, equipment, or medications approved by the Ambulance28 HLS 10RS-1293 ENGROSSED
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Standards Committee of the Emergency Medical Services Task Force that may be1
carried in lieu of other items on the list of equipment.2
* * *3
(B) R.S. 36:259(M) and R.S. 40:1235(A)(7) are hereby repealed in their entirety.4
Women's Health Commission5
Section 14. R.S. 36:259(II) and 919.7 and R.S. 40:1300.241 and 1300.242 are hereby6
repealed in their entirety.7
Silver Alert Steering Committee8
Section 15. R.S. 40:2529 is hereby repealed in its entirety.9
Compensation Review Commission10
Section 16. Chapter 26 of Title 42 of the Louisiana Revised Statutes of 1950,11
comprised of R.S. 42:1481 through 1485, is hereby repealed in its entirety.12
State Bond and Building Commission and the Capital Construction and Improvement13
Commission14
Section 17.(A) R.S. 39:333.1(E) and the heading of Chapter 3-A of Title 39 of the15
Louisiana Revised Statutes of 1950 are hereby amended and reenacted to read as follows:16
§333.1. Office of state comptroller merged and consolidated into the division of17
administration18
* * *19
E. In addition, whenever the state comptroller is designated to serve as the20
member of any board, commission, or committee, such designation hereafter shall21
apply to the commissioner of administration who shall serve in his stead on the22
following boards, commissions or committees, including but not limited to: (1) State23
Advisory Board (La. Const. Art. VI, §22(e)); (2) Louisiana Fiscal Authority (R.S.24
17:2251); (3) Capital Construction and Improvement Commission (R.S. 39:465.1);25
(4) State Bond and Building Commission (R.S. 39:452); (5) State Bond Commission26
(R.S. 39:1401); (6) State Police Retirement Board (R.S. 40:1422); (7) State Archives27 HLS 10RS-1293 ENGROSSED
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and Records Commission (R.S. 44:401); and (8) Governor's Inaugural Committee1
(R.S. 49:171) any board, commission, or committee.2
* * *3
CHAPTER 3-A. STATE BOND AND BUILDING COMMISSION 4
BOND SECURITY AND REDEMPTION FUND5
* * *6
(B) R.S. 36:769(F)(1) and (3) and R.S. 39:452 through 456, Chapter 3-D of Title 397
of the Louisiana Revised Statutes of 1050, comprised of R.S. 39:465.1 through 465.8,8
Chapter 3-E of Title 39 of the Louisiana Revised Statutes of 1050, comprised of R.S.9
39:466.1 through 466.7, 1407, and 1409 are hereby repealed in their entirety.10
Louisiana Infrastructure Bank11
Section 18. Chapter 54 of Title 51 of the Louisiana Revised Statutes of 1950,12
comprised of R.S. 51:3111 through 3115, is hereby repealed in its entirety.13
State Building Authority14
Section 19. Chapter 12 of Title 38 of the Louisiana Revised Statutes of 1950,15
comprised of R.S. 38:2431 through 2439, is hereby repealed in its entirety.16
Louisiana School Asbestos Abatement Commission17
Section 20. R.S. 30:2345 is hereby amended and reenacted to read as follows:18
§2345. Louisiana School Asbestos Abatement Commission Implementation 19
A. The Louisiana School Asbestos Abatement Commission is hereby created20
and shall consist of twelve members, one representative to be selected by each of the21
following: 22
(1) Attorney General. 23
(2) Department of Education. 24
(3) Division of Administration. 25
(4) Board of Regents. 26
(5) Louisiana School Boards Association. 27
(6) Safe Building Alliance. 28
(7) Louisiana Association of Educators. 29 HLS 10RS-1293 ENGROSSED
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(8) Louisiana AFL-CIO. 1
(9) Association of School Superintendents. 2
(10) Louisiana Catholic Conference. 3
(11) A parish school board selected by the Louisiana School Board4
Association.5
(12) The secretary of the Department of Environmental Quality. 6
B. The commission shall recommend rules and regulations concerning7
asbestos abatement to the Department of Environmental Quality. The department8
shall promulgate school asbestos abatement rules and regulations in accordance with9
the Administrative Procedure Act. 10
C. The secretary of the Department of Environmental Quality shall call the11
commission into session within thirty days after the effective date of this Chapter.12
The commission shall elect its officers from among its membership. 13
D. If, by January 1, 1986, the commission has not recommended asbestos14
abatement rules and regulations, then the secretary shall promulgate such rules no15
later than March 1, 1986. The commission shall dissolve no later than January 1,16
1986. 17
E. A. The building owner shall select the method of abatement to be used18
from those set forth in the definition of abatement contained in Section 2342 R.S.19
30:2342 or from such other methods as may be approved by the regulations adopted20
pursuant hereto, provided that any method selected must be used in the manner that21
regulations adopted pursuant hereto may require.22
F. B. No school, which has commenced abatement work at a particular site23
prior to the effective date of regulations or standards adopted or imposed hereunder,24
shall be required by this Chapter, or by regulations or standards adopted or imposed25
hereunder, to conduct a different type of abatement at the same site unless levels of26
airborne asbestos fibers at that site exceed an abatement action level established by27
the regulations adopted pursuant to this Chapter which are applicable to all school28
buildings.29 HLS 10RS-1293 ENGROSSED
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are additions.
South Central Regional Transportation Authority1
Section 21. Chapter 27 of Title 48 of the Louisiana Revised Statutes of 1950,2
comprised of R.S. 48:2041 through 2046, is hereby repealed in its entirety.3
Rural Health Care Authority4
Section 22. R.S. 36:259(D) and Part XII of Chapter 11 of Title 40 of the Louisiana5
Revised Statutes of 1950, comprised of R.S. 40:2198 through 2198.6, are hereby repealed6
in their entirety.7
Regional Transit Authority8
Section 23. R.S. 36:509(F)(6) and (7) are hereby repealed in their entirety.9
Section 24. This Act shall become effective on July 1, 2010; if vetoed by the10
governor and subsequently approved by the legislature, this Act shall become effective on11
July 1, 2010, or on the day following such approval by the legislature, whichever is later.12
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:
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 La. Proposed law abolishes the council and its duties and provides
relative to the duties of the commissioner of Agriculture and Forestry and the Dept.
of Wildlife and Fisheries with respect to aquaculture.
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 La. citizens. Proposed law abolishes the commission and
its functions.
Advisory Panel on the La. Teachers' Homebuyer Program: Present law establishes the panel
to help the State Treasurer oversee and administer a program designed to attract HLS 10RS-1293 ENGROSSED
HB NO. 1226
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are additions.
teachers to poor or rural areas of the state. Proposed law abolishes the panel and
transfers its responsibilities to the State Treasurer. Retains the program.
La. Geography Education Initiative Program Council: Present law establishes the council
to help create a program to promote the value and importance of geography in La.
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 Basin master plan, the annual Basin plan, and the Atchafalaya
Basin Floodway System. Proposed law abolishes the commission and its functions.
La. Advisory Committee on Midwifery: Present law creates the committee to advise the La.
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, regulate,
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 to 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.
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 and establishes
such salaries subject to legislative approval. Proposed law abolishes the commission
and its functions.
La. Infrastructure Bank: Present law creates the bank to facilitate providing funds to
municipalities, other political subdivisions, and other public entities for the planning,
designing, construction, and maintenance connected with infrastructure programs.
Proposed law abolishes the bank and its functions.
La. Music Commission: Present law creates the commission to promote and develop
popular commercial music and its related industry. Proposed law abolishes the
commission and its functions.
Commission on Law Enforcement Services for the Elderly: Present law creates the
commission to promote a coordinated effort among law enforcement and social
services agencies to stem the tide of violence against senior citizens and support
media and other strategies aimed at increasing both public understanding of the HLS 10RS-1293 ENGROSSED
HB NO. 1226
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are additions.
problem and the senior citizens' skills in preventing crime against themselves and
their property. Proposed law abolishes the commission and its functions.
Interpreter Certification Board: Present law requires the La. Commission for the Deaf to
create this board to make recommendations to the commission regarding the denial,
suspension, or revocation of interpreters' certificates. Proposed law removes
provisions for the board and its functions.
Nursing Home Quality and Efficiency Board: Present law creates the board and charges it
with developing recommendations for programs designed to promote quality care
and increase efficiency and to encourage nursing homes to operate at an occupancy
level of 95%. Provides that present law expires on June 30, 2008. Proposed law
removes provisions for the board from the statutes.
State Bond and Building Commission; the Capital Construction and Improvement
Commission; and the State Building Authority: Present law creates the entities to
manage specified bond issues and the capital projects associated therewith. All such
bond issues and projects have been resolved or completed. The State Bond and
Building Commission and the Capital Construction and Improvement Commission
were previously abolished and their functions transferred to the Dept. of the
Treasury. Proposed law abolishes these entities and their functions and removes
statutory provisions for them.
La. School Asbestos Abatement Commission: Present law creates the commission to
recommend rules and regulations concerning asbestos abatement to the Dept. of
Environmental Quality. Provides that the commission shall dissolve no later than
Jan. 1, 1986. Proposed law removes provisions for the commission from the statutes.
South Central Regional Transportation Authority: Present law creates the authority as a
nonprofit corporation to construct a tollway from Port Fourchon to Gramercy.
Proposed law abolishes the authority and its functions.
Rural Health Care Authority: Present law provides for the authority to take necessary
actions to increase the number of primary care physicians serving rural Louisiana.
Present law abolishes the authority. Proposed law removes provisions for the
authority from the statutes.
Proposed law removes certain statutory references to the Regional Transit Authority.
Effective July 1, 2010.
(Amends R.S. 3:559.3, 559.6, 559.8(A), (B), and (C)(intro. para.), 559.9(A) and (E), 559.11,
559.12(13), and 559.13(C), (D), and (F), R.S. 17:427.4(A)(2)(c) and (d), (B), and (C),
2902(1)-(3), 2912(A)(intro. para.) and (B)(intro. para.), and 2913, R.S. 30:2000.2(7) through
(10), 2000.3(B), and 2345, R.S. 33:9039.56(B), and 9039.125(B), R.S. 36:101(C)(3)(a)(ii),
R.S. 37:3241, R.S. 39:333.1(E) and the heading of Chapter 3-A of Title 39 of the La. R.S.
of 1950, R.S. 40:1235(A)(3)-(6), and 1235.1(B)(1), R.S. 46:2356(A)(1) and (9) and (B), R.S.
51:938.1(D)(8), and R.S. 56:411(B) and 415; Repeals R.S. 3:559.4, 559.5, 559.7, and
559.14, R.S. 6:1371-1375, R.S. 15:1231-1237, R.S. 17:427.4(A)(2)(e) and (D)-(G), 2902(4),
and 2911, R.S. 25:315-318, R.S. 30:2000.2(11) and 2000.8, R.S. 36:109(H), 259(D), (M),
(V), and (II), 478(G), 509(F)(6) and (7) and (U), 629(R), 769(F)(1) and (3), and 919.7, R.S.
37:3214(15) and 3242, R.S. 38:2431-2439 and 3087.281-3087.295, R.S. 39:452-456, 65.1-
465.8, 466.1-466.7, 1407, and 1409, R.S. 40:5.12, 1235(A)(7), 1300.241, 1300.242, 2009.24,
R.S. 40:2198-2198.6, and 2529, R.S. 42:1481-1485, R.S. 46:2352(7)(c), R.S. 48:2041-2046,
and R.S. 51:3111-3115) HLS 10RS-1293 ENGROSSED
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are additions.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill
1. Removed the following from the bill thereby retaining their existence:
Catfish Promotion and Research Board; Fireman's Supplemental Pay Board;
Physician Assistants Advisory Committee; Advisory Committee on
Polysomnography; Uniform Electronic Local Return and Remittance
Advisory Committee; Ground Water Management Advisory Task Force.
2. Added the following to the bill thereby abolishing them or removing
provisions for them from the statutes as more specifically described above:
La. Music Commission; Commission on Law Enforcement Services for the
Elderly; Interpreter Certification Board; Nursing Home Quality and
Efficiency Board; State Bond and Building Commission; Capital
Construction and Improvement Commission; State Building Authority; La.
School Asbestos Abatement Commission; South Central Regional
Transportation Authority; Rural Health Care Authority.
3. Added provisions clarifying responsibilities of the Dept. of Agriculture and
Forestry and the Dept. of Wildlife and Fisheries with respect to aquaculture
as necessitated by the abolition of the Aquaculture Coordinating Council.