ENROLLED
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ACT No. 743
Regular Session, 2010
HOUSE BILL NO. 1226
BY REPRESENTATIVE SMILEY
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
6:1094(C)(1)(a) and (b) and (D)(1), R.S. 17:427.4(A)(2)(c) and (d), (B), and (C),4
R.S. 30:2000.2(7) through (10), 2000.3(B), and 2345, R.S. 33:9039.56(B), and5
9039.125(B), R.S. 36:101(C)(3)(a)(ii), R.S. 37:3241, R.S. 39:333.1(E) and the6
heading of Chapter 3-A of Title 39 of the Louisiana Revised Statutes of 1950, R.S.7
46:2356(A)(1) and (9) and (B), R.S. 51:938.1(D)(8), and R.S. 56:8(104),8
327.1(B)(1), 411(B) and 415 and to repeal R.S. 3:559.4, 559.5, 559.7, and 559.14,9
R.S. 6:1083(1), 1093, Chapter 20 of Title 6 of the Louisiana Revised Statutes of10
1950, comprised of R.S. 6:1371 through 1375, Chapter 8-A of Title 15 of the11
Louisiana Revised Statutes of 1950, comprised of R.S. 15:1231 through 1237, R.S.12
17:427.4(A)(2)(e) and (D) through (G) and Chapter 17 of Title 17 of the Louisiana13
Revised Statutes of 1950, comprised of R.S. 17:2901 through 2913, Chapter 4-A of14
Title 25 of the Louisiana Revised Statutes of 1950, comprised of R.S. 25:315 through15
318, R.S. 30:2000.2(11) and 2000.8, 109(H), 259(D), (M), (V), and (II), 478(G),16
509(F)(6) and (7) and (U), 629(R), 651(D)(9), 769(F)(1) and (3), and 919.7, R.S.17
37:3214(15) and 3242, Chapter 12 of Title 38 of the Louisiana Revised Statutes of18
1950, comprised of R.S. 38:2431 through 2439, Part XXXI of Chapter 13 of Title 3819
of the Louisiana Revised Statutes of 1950, comprised of R.S. 38:3087.281 through20
3087.295, R.S. 39:452 through 456, Chapter 3-D of Title 39 of the Louisiana21
Revised Statutes of 1950, comprised of R.S. 39:465.1 through 465.8, Chapter 3-E of22
Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:466.123 ENROLLEDHB NO. 1226
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through 466.7, R.S. 39:1407, and R.S. 39:1409, R.S. 40:5.12, 1235(A)(7), Part LXII1
of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S.2
40:1300.241 and 1300.242, 2009.24, Part XII of Chapter 11 of Title 40 of the3
Louisiana Revised Statutes of 1950, comprised of R.S. 40:2198 through 2198.6, and4
2529, R.S. 46:2352(7)(c), Chapter 27 of Title 48 of the Louisiana Revised Statutes5
of 1950, comprised of R.S. 48:2041 through 2046, Chapter 54 of Title 51 of the6
Louisiana Revised Statutes of 1950, comprised of R.S. 51:3111 through 3115, and7
R.S. 56:306.4(D) and 356, relative to boards, commissions, authorities, districts, and8
like entities; to abolish certain inactive boards, commissions, authorities, and like9
entities; to remove references to certain abolished entities; to remove references to,10
provisions for, and the powers, functions, and duties of the Louisiana Music11
Commission, the Aquaculture Coordinating Council, the Financial Literacy and12
Education Commission, the Advisory Panel on the Louisiana Teachers' Homebuyer13
Program, the Louisiana Geography Education Initiative Program Council, the14
Atchafalaya Basin Advisory Committee, the Louisiana Advisory Committee on15
Midwifery, the Lincoln Parish Reservoir Authority, the School Health Advisory16
Board, the Women's Health Commission, the Silver Alert Steering Committee, the17
State Building Authority, State Bond and Building Commission, the Capital18
Construction and Improvement Commission, the Louisiana School Asbestos19
Abatement Commission, the South Central Regional Transportation Authority, the20
Rural Health Care Authority, the Regional Transit Authority, the Nursing Home21
Quality and Efficiency Board, the Commission on Law Enforcement Services for the22
Elderly, and the Interpreter Certification Board, the Louisiana Infrastructure Bank,23
and the Residential Mortgage Lending Board; to provide for transfer of some of the24
powers, functions, and duties of some of the above referenced entities; to provide for25
certain technical corrections regarding placement of boards and commissions in the26
Executive Reorganization Act; and to provide for related matters.27 ENROLLEDHB NO. 1226
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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
department for a period of two years following the termination of their public service28
as any of the following:29
* * *30 ENROLLEDHB NO. 1226
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(ii) An appointee or employee of the executive branch of state government1
who was subject to Senate confirmation and who was appointed or employed as of2
March 26, 2001. However, officers and employees of the Department of Economic3
Development, the Louisiana Music Commission, and the office of film and video4
within the Department of Culture, Recreation and Tourism shall be exempted from5
this Subparagraph.6
* * *7
(C) R.S. 51:938.1(D)(8) is hereby amended and reenacted to read as follows:8
§938.1. Office of entertainment industry development created9
* * *10
D. The office shall promote the development of the digital media, music,11
film, and television industries within this state and may engage in the following12
activities:13
* * *14
(8) Establish a partnership with the Department of Culture, Recreation and15
Tourism and the Louisiana Music Commission that provides for collaboration16
between the office of entertainment industry development, the Louisiana Music17
Commission, and the Department of Culture, Recreation and Tourism to advance,18
through strategic initiatives, Louisiana's cultural economy.19
* * *20
(D) Chapter 4-A of Title 25 of the Louisiana Revised Statutes of 1950, comprised21
of R.S. 25:315 through 318, and R.S. 36:109(H) are hereby repealed in their entirety.22
Aquaculture Coordinating Council23
Section 2.(A) R.S. 3:559.3, 559.6, 559.8(A), (B), and (C)(introductory paragraph),24
559.9(A) and (E), 559.11, 559.12(13), and 559.13(C), (D), and (F) are hereby amended and25
reenacted to ready as follows:26
§559.3. Terms defined27
As used in this Part, the following terms shall have the meanings given to28
them except where the context expressly indicates otherwise:29 ENROLLEDHB NO. 1226
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(1) "Aquaculture" means the producing, raising, managing, harvesting,1
transporting, or marketing of aquatic livestock under controlled conditions in2
privately owned waters or ponds as defined in R.S. 56:8(103) and (104).3
(2) "Aquatic livestock" means finfish species and crawfish domestic aquatic,4
nongame, native, freshwater organisms produced, raised, managed, or harvested5
within or from a constructed impoundment in compliance with rules and regulations6
adopted pursuant to this Part. "Aquatic livestock" shall not include those species of7
fish excluded from this Part by R.S. 3:559.14.8
(3) "Aquatic producer" means any person engaged in producing, raising,9
managing, harvesting, or marketing aquatic livestock.10
(4) "Commissioner" means the Louisiana commissioner of agriculture and11
forestry.12
(5) "Council" means the Louisiana Aquaculture Coordinating Council.13
(6) "Department" means the Louisiana Department of Agriculture and14
Forestry.15
(7) (6) "Facility" means any piece of property that contains a constructed16
impoundment or other area where aquatic livestock are produced, raised, managed,17
harvested, or marketed.18
(8) (7) "Impoundment" means any private, constructed pond, lake, reservoir,19
tank, cage, or other means of containment that has no inlet from or outlet to any20
public waters.21
(9) (8) "Person" means an individual, partnership, firm, company,22
association, corporation, limited liability company, and any other legal entity or23
group of persons.24
§559.6. Powers of the commissioner25
A. The council commissioner shall have the following powers and26
responsibilities:27
(1) To develop and advise on the implementation of a regulatory framework28
for the orderly development and maintenance of a modern, sustainable aquacultural29 ENROLLEDHB NO. 1226
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segment of Louisiana's agriculture industry and to promote aquaculture and1
aquaculture products.2
(2) To determine and recommend to the commissioner and the Wildlife and3
Fisheries Commission, based on a scientific risk assessment, which species of4
aquatic livestock are suitable for aquacultural production in Louisiana.5
(3) (2) To recommend to the commissioner develop criteria for requiring6
licenses and permits licensing and permitting and for granting or denying licenses7
and permits issued pursuant to this Part.8
(4) (3) To hold hearings on alleged violations of the provisions of this Part9
or of the rules and regulations adopted pursuant to this Part.10
(5) (4) To advise the commissioner on the impose civil penalties to be11
imposed or the and decide on injunctive or other civil relief to be sought for12
violations of the provisions of this Part or of the rules and regulations adopted13
pursuant to this Part.14
(6) To perform such other advisory functions as the commissioner may15
assign to the council.16
B. The commissioner shall have the following powers:17
(1) Adopt (5) To adopt rules and regulations as are necessary to implement18
the provisions of this Part, including regulations establishing the criteria for granting19
or denying licenses and permits, based upon recommendations made by the council.20
All rules and regulations shall be adopted in accordance with the provisions of this21
Part and promulgated in accordance with the Administrative Procedure Act, R.S.22
49:950 et seq.23
(2) Administer (6) To administer and enforce the provisions of this Part and24
the rules and regulations adopted pursuant to this Part.25
(3) Collect (7) To collect, administer, and disburse the proceeds of all fees,26
interest, penalties, and other monies collected pursuant to this Part.27
(4) Issue (8) To issue licenses and permits to persons engaged in28
aquacultural activities in accordance with this Part.29 ENROLLEDHB NO. 1226
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(5) Conduct (9) To conduct inspections and investigations in accordance1
with the provisions of this Part and any rules and regulations adopted pursuant to the2
provisions of this Part.3
(6) Seek (10) To seek and obtain injunctive or other civil relief to restrain4
and prevent violations of this Part, rules and regulations adopted pursuant to this5
Part, or orders and rulings issued pursuant to this Part.6
(7) Institute (11) To institute civil proceedings to enforce his orders or7
rulings, collect any fees, fines, penalties, or costs due under this Part or to otherwise8
enforce the provisions of this Part or rules and regulations adopted pursuant to this9
Part.10
(8) Issue (12) To issue a stop order to prevent a violation or further violation11
of this Part or of any rule or regulation adopted pursuant to this Part.12
C. B. Any suit filed pursuant to this Part may be filed in East Baton Rouge13
Parish or in any parish of proper venue.14
§559.8. Aquacultural production; licensing; fees; records15
A. Every aquatic producer of a suitable species of aquatic livestock shall16
obtain a license from the department for each facility owned or operated by the17
aquatic producer. Each license shall be renewed annually. An application for a18
license shall be on a form furnished by the department and shall solicit such19
information as the department deems reasonably pertinent. A fee or structured fees20
for licenses, permits, applications for licenses, inspections, and other services21
required under this Part may be adopted by rule or regulation , based upon the22
recommendation of the council. The amount of any fees shall not generate revenues23
in excess of the total cost involved in providing the license, permit, or service.24
B. Prior to approval and issuance of any license, the Department of25
Agriculture and Forestry and the Department of Wildlife and Fisheries shall jointly26
inspect each facility subject to the license to determine that aquatic livestock at the27
facility are in compliance with the rules and regulations adopted pursuant to this28
Part.29 ENROLLEDHB NO. 1226
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C. The criteria used by the departments department in inspecting the facility1
shall be established by rules and regulations adopted in consultation with the council.2
The criteria shall include the following:3
* * *4
§559.9. Inspections; investigations; confidentiality5
A. The department may conduct an investigation if it has reason to believe6
that a violation of this Part or the rules or regulations adopted pursuant to this Part7
may occur or has occurred. In connection with any such investigation, the8
department may issue subpoenas to compel the attendance of witnesses or the9
production of documents and records anywhere in the state. The subpoenas shall be10
served as provided for the service of subpoenas under the Administrative Procedure11
Act.12
* * *13
E. The Department of Agriculture and Forestry and the Department of14
Wildlife and Fisheries are is authorized to jointly inspect each facility licensed15
pursuant to R.S. 3:559.8 to determine that the aquatic livestock and the facility are16
in compliance with the rules and regulations adopted pursuant to this Part. The two17
departments shall enter into a memorandum of understanding to delineate the18
procedures for such inspections.19
* * *20
§559.11. Deposit and disbursement of fees and other monies21
A. All fees, interest, penalties, and other monies received under the22
provisions of this Part shall be deposited in a special fund established for the council23
department. The commissioner, as authorized by the council, shall make24
disbursements from the fund for the activities of the council authorized by the Part.25
B. The monies in the fund shall be used for the following purposes:26
(1) To provide for the expenses of the program established by this Part. The27
commissioner may retain a portion of the total assessments collected, as is necessary28
to defray the costs of collecting assessments and administering and enforcing this29
Part.30 ENROLLEDHB NO. 1226
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(2) To fund all costs of the council related to the orderly development of a1
modern, sustainable aquacultural segment of Louisiana's agriculture industry and2
promotion of aquaculture and aquaculture products.3
§559.12. Violations; cost of remedying violations4
Violations of this Part shall include but shall not be limited to the following:5
* * *6
(13) Interfering with the council, the commissioner, or the department or7
their representatives in the performance of their duties in connection with this Part.8
* * *9
§559.13. Penalties; enforcement10
* * *11
C. In addition to any penalty that may be imposed under Subsection A or B12
of this Section, any person who operates a facility requiring a license from which13
eggs, larvae, juveniles, or adults of aquatic livestock or their waste or unpurified14
water escape or are released may be required to reimburse the state or appropriate15
state agency or agencies department any cost incurred by them in the destroying,16
removing, containing, or monitoring of the release or discharge. It shall be an17
affirmative defense that the release or discharge was an act of nature or sabotage if18
the aquatic producer operating the facility held, at the time of the release or19
discharge, a valid unsuspended license listing the facility. No affirmative defense20
shall be available to an aquatic producer if, at the time of the release or discharge,21
he was unlicensed, or if his license was suspended, or if the facility from which the22
release or discharge came was not listed on his license, or if he was producing,23
managing, harvesting, or marketing aquatic livestock that had not been determined24
to be suitable for aquaculture pursuant to this Part.25
D. Penalties and costs of reimbursement may be assessed only by a ruling26
of the commissioner based upon an adjudicatory hearing held in accordance with the27
provisions of the Administrative Procedure Act and this Part. The council shall be28
convened by the commissioner for the purpose of hearing any alleged violation of29
this Part or any regulation adopted pursuant to this Part, or to impose the cost of30 ENROLLEDHB NO. 1226
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reimbursement. The commissioner shall appoint a hearing officer to preside over the1
hearing. The council shall make an initial determination on the matter. This2
determination shall be submitted to the commissioner in writing. The commissioner3
shall make the final determination on the matter. If the determination of the4
commissioner differs from the determination of the board , the commissioner shall5
issue a written opinion based on the record of the hearing.6
* * *7
F. Any action brought for civil violation shall not preclude criminal8
prosecution for the same violation of this Part or rules and regulations promulgated9
hereunder. Any violation of rules or regulations promulgated by the Wildlife and10
Fisheries Commission pursuant to R.S. 3:559.7(D) shall be a class two violation as11
defined by R.S. 56:32.12
(B) R.S. 56:8(104), 327.1(B)(1), 411(B) and 415 are hereby amended and reenacted13
to read as follows:14
§8. Definitions15
For purposes of this Chapter, the following words and phrases have the16
meaning ascribed to them in this Section, unless the context clearly shows a different17
meaning:18
* * *19
(104) "Private pond" for the purposes of the production and harvesting of20
crawfish and catfish aquatic livestock as defined in R.S. 56:411(B)(2) means a body21
of water which is: privately owned; and in which crawfish or catfish aquatic22
livestock as defined in R.S. 56:411(B)(2) are bred and raised under controlled23
conditions, or for which persons other than the owner may be required to pay a fee24
to the owner to fish in such body of water. The provisions of this Paragraph shall not25
be deemed to authorize or require the charging of a fee to fish by an owner of a26
private pond.27
* * *28 ENROLLEDHB NO. 1226
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§327.1. Aquaculturally raised fish; definitions; importation1
* * *2
B. As used in this Section, the following terms shall have the following3
meanings:4
(1) "Aquaculture" means aquaculture as defined in R.S. 56:356 56:411(B)(1).5
* * *6
§411. Legislative findings and purpose7
* * *8
B. For the purposes of this Subpart the following definitions shall apply:9
(1) "Aquaculture" means any activity associated with the possession,10
propagation, culture, management, transport, or marketing of domesticated aquatic11
organisms in a controlled environment. The provisions of this Paragraph and this12
Subpart shall not apply to farm-raised catfish or farm-raised crawfish. production of13
fish in privately owned waters or ponds as defined in R.S. 56:8(103) and (104).14
(2) "Aquatic livestock" means native, freshwater fish but does not include15
any freshwater game fish as defined in R.S. 56:8, any fish which is a threatened or16
endangered species as defined in R.S. 56:1902, or any saltwater species of fish.17
(3) "Domesticated aquatic organism" shall specifically include all18
domesticated fish as defined in R.S. 56:8, and any fish approved by the department19
through the promulgation of the list of approved aquatic organisms under the20
Administrative Procedure Act aquaculturally raised fish, except aquatic livestock.21
* * *22
§415. Crawfish and catfish Exemption; aquatic livestock farmers23
A. The provisions of this Subpart shall not apply to the production and24
harvesting of catfish or crawfish aquatic livestock in private ponds, or to the25
transporting of crawfish or catfish aquatic livestock from a private pond to the first26
point of sale, or to the sale to the first purchaser of crawfish or catfish aquatic27
livestock which are produced and harvested in private ponds.28
B. The Wildlife and Fisheries Commission and the Department of Wildlife29
and Fisheries shall not have jurisdiction over any activities or transactions exempted30 ENROLLEDHB NO. 1226
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by this Section. The Department of Agriculture and Forestry shall have jurisdiction1
over activities exempted by this Section.2
(C) R.S. 3:559.4, 559.5, 559.7, and 559.14, R.S. 36:629(R) and R.S. 56:306.4(D) and3
356 are hereby repealed in their entirety.4
Financial Literacy and Education Commission5
Section 3. Chapter 20 of Title 6 of the Louisiana Revised Statutes of 1950,6
comprised of R.S. 6:1371 through 1375, is hereby repealed in its entirety.7
Advisory Panel on the Louisiana Teachers' Homebuyer Program 8
Section 4.(A) R.S. 17:427.4(A)(2)(c) and (d), (B), and (C) are hereby amended and9
reenacted to read as follows:10
§427.4. Intent; purpose; teachers' homebuyer program; authorization; advisory panel11
A.12
* * *13
(2) As used in this Section, the following terms shall have the following14
meanings, unless the context requires otherwise:15
* * *16
(c) "Panel" means the Advisory Panel on the Louisiana Teachers'17
Homebuyers Program established in this Section.18
(d) "Program" means the Louisiana Teachers' Homebuyers Program19
established pursuant to this Section.20
(e) (d) "State board" means the State Board of Elementary and Secondary21
Education.22
B. The Louisiana Teachers' Homebuyer Program is hereby established as a23
special home loan and loan closing assistance program for any eligible teacher. The24
Advisory Panel on the Louisiana Teachers' Homebuyers Program treasurer shall25
identify disadvantaged geographical areas in the state. The State Board of26
Elementary and Secondary Education through the state Department of Education27
shall identify low-performing schools as defined by the state board which are located28
in disadvantaged geographical areas.29 ENROLLEDHB NO. 1226
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C. The state treasurer is hereby authorized to administer the program as1
developed and approved pursuant to Subsection D of this Section in conjunction with2
the Federal National Mortgage Association (Fannie Mae). The treasurer may3
contract or enter into any agreement with one or more public or private entities to4
provide assistance in implementing and administering the program. The treasurer5
shall adopt any rules or regulations necessary for the implementation and6
administration of the program pursuant to the Administrative Procedure Act.7
(B) R.S. 17:427.4(A)(2)(e) and (D) through (G) are hereby repealed in their entirety.8
Louisiana Geography Education Initiative Program Council9
Section 5. Chapter 17 of Title 17 of the Louisiana Revised Statutes of 1950,10
comprised of R.S. 17:2901 through 2913, and R.S. 36:651(D)(9) are hereby repealed in their11
entirety.12
Atchafalaya Basin Advisory Committee13
Section 6.(A) R.S. 30:2000.2(7) through (10) and 2000.3(B) are hereby amended and14
reenacted to read as follows:15
§2000.2. Definitions16
As used in this Chapter, the following terms shall have the meaning ascribed17
to them below:18
* * *19
(7) "Committee" means the Atchafalaya Basin Advisory Committee.20
(8) "Department" means the Department of Natural Resources.21
(9) (8) "Program" means the Atchafalaya Basin Program.22
(10) (9) "Secretary" means the secretary of the Department of Natural23
Resources.24
(11) (10) "Water management project" means any project that facilitates25
improvements to water quality, interior circulation, water access, or improvements26
to general ecosystem function by means of sediment reduction, removal, or27
diversion.28 ENROLLEDHB NO. 1226
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§2000.3. Creation of program1
* * *2
B. The program shall include the secretary, the Atchafalaya Basin Research3
and Promotion Board, the Atchafalaya Basin Advisory Committee, and staff for the4
boards and commissions in the program.5
(B) R.S. 30:2000.2(11) and 2000.8 are hereby repealed in their entirety.6
Commission on Law Enforcement Services for the Elderly7
Section 7. Chapter 8-A of Title 15 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 15:1231 through 1237, is hereby repealed in its entirety.9
Interpreter Certification Board10
Section 8.(A) R.S. 46:2356(A)(1) and (9) and (B) are hereby amended and reenacted11
to read as follows:12
§2356. Denial, suspension, or revocation of a certificate13
A. The commission may deny application by an applicant or may deny14
renewal of, suspend, or revoke an interpreter's certificate, and/or discipline a certified15
interpreter for any of the following causes:16
(1) Conviction of a felony or any offense involving moral turpitude in any17
court if the acts for which the interpreter or applicant was convicted are found by the18
Interpreter Certification Board commission to have a direct bearing on whether the19
interpreter or applicant should be entrusted to serve the public in the capacity of an20
interpreter. Crimes having a direct bearing include but are not limited to criminal21
conduct such as crimes of violence, burglary, theft, forgery, bribery, perjury, and22
those related to controlled dangerous substances.23
* * *24
(9) Intentionally harassing, abusing, or intimidating any member of the25
Interpreter Certification Board or the commission, any candidate for certification, or26
any supportive staff member, either physically or verbally.27
* * *28
B. If the commission decides to deny an applicant or to deny, suspend, or29
revoke the certificate of an applicant or certificate holder, or take other disciplinary30 ENROLLEDHB NO. 1226
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action based on a recommendation by the Interpreter Certification Board, the1
executive director of the commission shall notify the applicant or certificate holder2
in writing by registered mail and include the following:3
(1) The reason for the proposed denial, suspension, revocation, probation,4
or disqualification.5
(2) Notification that he may request a hearing or on submission of6
documentary evidence, appeal and request that the board commission reconsider its7
decision without a hearing.8
(3) Notification that the appeal regarding the commission's decision shall be9
received by the executive director of the commission not later than thirty days from10
the date of the notification of the board's commission's decision. If an appeal is not11
received, the applicant or certificate holder shall be deemed to have waived a hearing12
and is not contesting the proposed action.13
* * *14
(B) R.S. 36:478(G) and R.S. 46:2352(7)(c) are hereby repealed in their entirety.15
Nursing Home Quality and Efficiency Board16
Section 9. R.S. 40:2009.24 is hereby repealed in its entirety.17
Louisiana Advisory Committee on Midwifery18
Section 10.(A) R.S. 37:3241 is hereby amended and reenacted to read as follows:19
§3241. Definitions 20
As used in this Chapter, the following terms shall apply unless the context21
clearly states otherwise: 22
(1) "Advisory committee" means the Louisiana Advisory Committee on23
Midwifery.24
(2) (1) "Apprentice permit" means a permit issued by the Department of25
Health and Hospitals to authorize a person desiring to become a licensed midwife to26
obtain clinical experience under supervision of a physician, certified nurse midwife,27
certified nurse practitioner specially qualified by the Board of Nursing, or licensed28
midwife.29 ENROLLEDHB NO. 1226
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are additions.
(3) (2) "Approved program" means a midwifery school or a midwifery1
training program which is approved by the board for the education of midwives. 2
(4) (3) "Board" means the Louisiana State Board of Medical Examiners.3
(5) (4) "Certified nurse midwife" means a nurse authorized by the Louisiana4
State Board of Nursing to practice as a certified nurse midwife in the state. 5
(6) (5) "Contact hour" means a unit of measurement to describe fifty to sixty6
minutes of an approved, organized learning experience or two hours of planned and7
supervised clinical practice which is designed to meet professional educational8
objectives.9
(7) (6) "Continuing education" means participation in an organized learning10
experience under responsible sponsorship, capable direction, and qualified11
instruction and approved by the board for the purpose of meeting requirements for12
renewal of registration under these regulations.13
(8) (7) "Department" means the Department of Health and Hospitals. 14
(9) (8) "Licensed midwife" means a person who has completed all15
requirements of R.S. 37:3247, 3253, and 3255, has successfully completed the16
examination process, and is in good standing on the registry of licensed midwives17
maintained by the board.18
(10) (9) "Licensed midwifery" means the provision of health services in19
pregnancy and childbirth by a person not a licensed physician or a certified nurse20
midwife. 21
(11) (10) "Licensing period" means a two-year period running from April 122
of any year through March 31 of the second successive year; registration or permits23
may be issued at any time but shall expire on March 31 of the second successive24
year. 25
(12) (11) "Midwifery instructor" means a person who has a formal training26
and supervisory relationship with an apprentice midwife. 27
(13) (12) "Physician" means a person who is currently practicing obstetrics28
and is licensed to practice medicine or osteopathy in Louisiana.29 ENROLLEDHB NO. 1226
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are additions.
(14) (13) "Senior apprentice permit" means a permit issued by the board to1
authorize a person desiring to be a licensed midwife to continue obtaining clinical2
experience under general direction rather than supervision. 3
(15) (14) "Supervision" means the coordination, direction, and continued4
evaluation at first hand of the person in training and obtaining clinical experience as5
an apprentice midwife within the scope of these provisions.6
(B) R.S. 37:3241(15) and 3242 and R.S. 36:259(V) are hereby repealed in their7
entirety.8
Lincoln Parish Reservoir Authority9
Section 11. Part XXXI of Chapter 13 of Title 38 of the Louisiana Revised Statutes10
of 1950, comprised of R.S. 38:3087.281 through 3087.295, and R.S. 36:509(U) are hereby11
repealed in their entirety.12
School Health Advisory Board13
Section 12. R.S. 40:5.12 is hereby repealed in its entirety.14
Women's Health Commission15
Section 13. R.S. 36:259(II) and 919.7 and Part LXII of Chapter 5 of Title 40 of the16
Louisiana Revised Statutes of 1950, comprised of R.S. 40:1300.241 and 1300.242, are17
hereby repealed in their entirety.18
Silver Alert Steering Committee19
Section 14. R.S. 40:2529 is hereby repealed in its entirety.20
State Bond and Building Commission and the Capital Construction and Improvement21
Commission22
Section 15.(A) R.S. 39:333.1(E) and the heading of Chapter 3-A of Title 39 of the23
Louisiana Revised Statutes of 1950 are hereby amended and reenacted to read as follows:24
§333.1. Office of state comptroller merged and consolidated into the division of25
administration26
* * *27
E. In addition, whenever the state comptroller is designated to serve as the28
member of any board, commission, or committee, such designation hereafter shall29
apply to the commissioner of administration who shall serve in his stead on the30 ENROLLEDHB NO. 1226
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are additions.
following boards, commissions or committees, including but not limited to: (1) State1
Advisory Board (La. Const. Art. VI, §22(e)); (2) Louisiana Fiscal Authority (R.S.2
17:2251); (3) Capital Construction and Improvement Commission (R.S. 39:465.1);3
(4) State Bond and Building Commission (R.S. 39:452); (5) State Bond Commission4
(R.S. 39:1401); (6) State Police Retirement Board (R.S. 40:1422); (7) State Archives5
and Records Commission (R.S. 44:401); and (8) Governor's Inaugural Committee6
(R.S. 49:171) any board, commission, or committee.7
* * *8
CHAPTER 3-A. STATE BOND AND BUILDING COMMISSION 9
BOND SECURITY AND REDEMPTION FUND10
* * *11
(B) R.S. 36:769(F)(1) and (3) and R.S. 39:452 through 456, Chapter 3-D of Title 3912
of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:465.1 through 465.8,13
Chapter 3-E of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.14
39:466.1 through 466.7, 1407, and 1409 are hereby repealed in their entirety.15
Louisiana Infrastructure Bank16
Section 16. Chapter 54 of Title 51 of the Louisiana Revised Statutes of 1950,17
comprised of R.S. 51:3111 through 3115, is hereby repealed in its entirety.18
State Building Authority19
Section 17. Chapter 12 of Title 38 of the Louisiana Revised Statutes of 1950,20
comprised of R.S. 38:2431 through 2439, is hereby repealed in its entirety.21
Louisiana School Asbestos Abatement Commission22
Section 18. R.S. 30:2345 is hereby amended and reenacted to read as follows:23
§2345. Louisiana School Asbestos Abatement Commission Implementation 24
A. The Louisiana School Asbestos Abatement Commission is hereby created25
and shall consist of twelve members, one representative to be selected by each of the26
following:27
(1) Attorney General.28
(2) Department of Education.29
(3) Division of Administration.30 ENROLLEDHB NO. 1226
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are additions.
(4) Board of Regents.1
(5) Louisiana School Boards Association.2
(6) Safe Building Alliance.3
(7) Louisiana Association of Educators.4
(8) Louisiana AFL-CIO.5
(9) Association of School Superintendents.6
(10) Louisiana Catholic Conference.7
(11) A parish school board selected by the Louisiana School Board8
Association.9
(12) The secretary of the Department of Environmental Quality.10
B. The commission shall recommend rules and regulations concerning11
asbestos abatement to the Department of Environmental Quality. The department12
shall promulgate school asbestos abatement rules and regulations in accordance with13
the Administrative Procedure Act.14
C. The secretary of the Department of Environmental Quality shall call the15
commission into session within thirty days after the effective date of this Chapter.16
The commission shall elect its officers from among its membership.17
D. If, by January 1, 1986, the commission has not recommended asbestos18
abatement rules and regulations, then the secretary shall promulgate such rules no19
later than March 1, 1986. The commission shall dissolve no later than January 1,20
1986.21
E. A. The building owner shall select the method of abatement to be used22
from those set forth in the definition of abatement contained in Section 2342 R.S.23
30:2342 or from such other methods as may be approved by the regulations adopted24
pursuant hereto, provided that any method selected must be used in the manner that25
regulations adopted pursuant hereto may require.26
F. B. No school, which has commenced abatement work at a particular site27
prior to the effective date of regulations or standards adopted or imposed hereunder,28
shall be required by this Chapter, or by regulations or standards adopted or imposed29
hereunder, to conduct a different type of abatement at the same site unless levels of30 ENROLLEDHB NO. 1226
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are additions.
airborne asbestos fibers at that site exceed an abatement action level established by1
the regulations adopted pursuant to this Chapter which are applicable to all school2
buildings.3
South Central Regional Transportation Authority4
Section 19. Chapter 27 of Title 48 of the Louisiana Revised Statutes of 1950,5
comprised of R.S. 48:2041 through 2046, is hereby repealed in its entirety.6
Rural Health Care Authority7
Section 20. R.S. 36:259(D) and Part XII of Chapter 11 of Title 40 of the Louisiana8
Revised Statutes of 1950, comprised of R.S. 40:2198 through 2198.6, are hereby repealed9
in their entirety.10
Regional Transit Authority11
Section 21. R.S. 36:509(F)(6) and (7) are hereby repealed in their entirety.12
Residential Mortgage Lending Board13
Section 22.(A) R.S. 6:1094(C)(1)(a) and (b) and (D)(1) are hereby amended and14
reenacted to read as follows:15
§1094. Professional education required for licensure; continuing education16
* * *17
C.(1)(a) All persons applying for reinstatement or renewal of their mortgage18
broker, mortgage lender, or originator license shall have completed eight hours of19
continuing professional education in order to reinstate or renew their license on20
January first of the following year. Each applicant shall submit documentation to the21
commissioner from a recognized professional educational institution approved by the22
commissioner and the board as provided in R.S. 6:1093(B). Proof of the applicant's23
completion of these continuing professional requirements shall be submitted as part24
of the applicant's license renewal application.25
(b) Each course taught by professional education providers shall include at26
least thirty minutes of instruction relating to changes or updates on new27
developments in the residential mortgage lending business, including changes to the28
Office of Financial Institutions application process and examination procedures, as29
well as any revisions of the provisions of this Chapter. The applicant shall satisfy30 ENROLLEDHB NO. 1226
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are additions.
four of the remaining hours of required instruction through courses offered or1
approved by the Mortgage Bankers Association or the National Association of2
Mortgage Brokers by their own facilitators or facilitators approved by them, which3
courses shall be presumed to satisfy all requirements of the commissioner and the4
board as provided in this Subsection and in any regulations adopted by the5
commissioner.6
* * *7
D.(1) Beginning July 1, 2000, a nonresident applying for a license to conduct8
residential mortgage lending activities in the state shall demonstrate that he has9
completed the educational requirements established under the provisions of this10
Chapter or is entitled to certification by reciprocity. When the commissioner, in11
consultation with the board, determines that a nonresident's state has requirements12
equivalent to or higher than the educational requirements provided for in this Chapter13
for insuring the qualifications of those engaging in the residential mortgage lending14
business, the commissioner may issue licenses to such nonresident applicants who15
have completed the professional education requirements applicable to Louisiana16
licensees or who have satisfied equivalent professional educational requirements in17
such other state or jurisdiction.18
* * *19
(B) R.S. 6:1083(1) and 1093 are hereby repealed in their entirety.20
Section 23. This Act shall become effective on July 1, 2010; if vetoed by the21
governor and subsequently approved by the legislature, this Act shall become effective on22
July 1, 2010, or on the day following such approval by the legislature, whichever is later.23
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: