HLS 14RS-561 ORIGINAL Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 758 BY REPRESENTATIVE NORTON CHILDREN: Creates the Bullying Awareness and Treatment Task Force AN ACT1 To enact Chapter 12 of Title 28 of the Louisiana Revised Statutes of 1950, to be comprised2 of R.S. 28:801 through 806, and R.S. 36:259(A), relative to bullying; to create the3 Louisiana Bullying Awareness and Treatment Task Force within the Department of4 Health and Hospitals; to provide for legislative purpose; to provide for membership,5 compensation, meetings, and domicile of the task force; to provide for powers and6 duties of the task force; to require an annual report to the legislature; to require7 cooperation by other state entities; and to provide for related matters.8 Be it enacted by the Legislature of Louisiana:9 Section 1. Chapter 12 of Title 28 of the Louisiana Revised Statutes of 1950,10 comprised of R.S. 28:801 through 806, is hereby enacted to read as follows: 11 CHAPTER 12. BULLYING AWARENESS AND TREATMENT TASK FORCE12 §801. Short title13 This Chapter shall be known and may be cited as the "Louisiana Bullying14 Awareness and Treatment Act".15 §802. Declaration of purpose16 A. The legislature hereby recognizes all of the following:17 (1) The children and youths of Louisiana represent the hope and future of18 Louisiana.19 (2) It is imperative to protect and assist the children and youths of Louisiana20 if this state is to move forward and realize its potential in the future.21 HLS 14RS-561 ORIGINAL HB NO. 758 Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) Creating safe, healthy, and supportive environments with collaborative1 services is a necessary foundation for improving outcomes for all children.2 (4) Bullying is aggressive behavior that is intentional and that involves an3 imbalance of power or strength.4 (5) It is imperative to intervene with youths involved in bullying to provide5 psychological supports and address concerns that place youths at risk for bullying or6 bullying victimization.7 (6) Mental health professionals have important roles in helping to change the8 behavior of youths who bully others.9 (7) Once a youth is able to recognize problems with the bullying behavior,10 mental health professionals can help the youth set and work toward goals for11 change, help the youth track progress toward new behaviors, and feel pride about12 those changes.13 (8) For some youths, bullying and other forms of social aggression are more14 related to impulsiveness and poor social skills than to an effort to control others. For15 these youths, cognitive-behavioral interventions to improve impulse control and16 structured social skills training may also be helpful.17 B. The legislature declares, therefore, that it is the purpose of this Chapter18 to create the Louisiana Bullying Awareness and Treatment Task Force, to develop19 a comprehensive, coordinated plan to address the mental health needs of youths who20 are victims of bullying as well as youths who are involved in bullying, and to provide21 needed guidance to carry out the goals the task force recommends.22 §803. Task force; creation; appointments of members; terms; officers;23 compensation; meetings; domicile24 A. The Louisiana Bullying Awareness and Treatment Task Force, hereafter25 referred to as the "task force", is hereby created within the Department of Health and26 Hospitals.27 B. The task force shall consist of the following members:28 (1) The secretary of the Department of Health and Hospitals or his designee.29 HLS 14RS-561 ORIGINAL HB NO. 758 Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) The secretary of the Department of Children and Family Services or his1 designee. 2 (3) The executive director of the Louisiana chapter of the National3 Association of Social Workers or his designee.4 (4) The president of the Louisiana Counseling Association or his designee.5 (5) The president of the Louisiana Association for Behavioral Health or his6 designee.7 (6) The president of the Louisiana School Counselor Association or his8 designee.9 (7) An education practitioner who has experience addressing the issue of10 bullying, designated by the state superintendent of education.11 (8) Four parents or other members of the public who have demonstrated a12 commitment to addressing the issue of bullying, designated pursuant to Subsection13 C of this Section.14 (9) Two elected members of the Louisiana House of Representatives15 appointed by the speaker of the House of Representatives.16 (10) Two elected members of the Louisiana Senate appointed by the17 president of the Senate.18 C. Each of the elected members of the Louisiana House of Representatives19 appointed by the speaker of the House of Representatives pursuant to Paragraph20 (B)(9) of this Section and the elected members of the Louisiana Senate appointed by21 the president of the Senate pursuant to Paragraph (B)(10) of this Section shall22 designate one of the parents or other members of the public provided for in23 Paragraph (B)(8) of this Section.24 D. The secretary of the Department of Health and Hospitals, or his designee,25 shall serve as chairman of the committee.26 E. Members of the task force shall serve three-year terms. Each member of27 the task force shall hold office until the appointment and qualification of a successor.28 Whenever a vacancy occurs in a position, the vacancy shall be filled in the same29 HLS 14RS-561 ORIGINAL HB NO. 758 Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. manner and under the same terms and conditions as required for the original1 appointment.2 F. The task force shall convene for its first meeting no later than October 1,3 2014. At the first meeting of the task force, the members shall elect a vice chairman4 and other officers as they may deem appropriate.5 G. All legislative members of the commission shall receive the same per6 diem and travel allowance for attending meetings of the task force or any meeting7 thereof as is normally provided for members of the legislature.8 H. Except as provided in Subsection F of this Section, members of the task9 force shall receive no compensation for their services and shall serve at no expense10 to the state.11 I. The task force shall be domiciled in Baton Rouge but may hold public12 meetings elsewhere in the state. 13 J. The task force shall meet every sixty days at such times and at places as14 it may designate. The task force may also hold additional meetings upon the call of15 the chairman or at the request of at least three members of the task force. A majority16 of the task force shall constitute a quorum for the transaction of business. All17 official actions of the task force shall require the affirmative vote of a majority of the18 members.19 §804. Powers and duties20 A. The task force shall make a thorough study of the feasibility and21 practicality of providing counseling and other treatment services to youths who are22 victims of bullying as well as youths who are involved in bullying. It may render23 objective, fiscally feasible recommendations to the legislature for the implementation24 of policies that could be adopted by the state of Louisiana.25 B.(1) With respect to youths who bully, the task force shall consider mental26 health treatment solutions which will accomplish but shall not be limited to the27 following:28 (a) Help the youth who bullies fully acknowledge the behavior.29 HLS 14RS-561 ORIGINAL HB NO. 758 Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) Emphasize that the youth had other options, no matter what the1 provocation, and that the youth is fully responsible for the decision made.2 (c) Confront excuses by the youth that minimize the behavior or externalize3 the cause of the bullying behavior.4 (d) Support parents and educators in holding these youths fully accountable5 for their actions and not suggesting or allowing rationalizations.6 (e) Once the youth is able to recognize problems with the bullying behavior,7 help the youth set and work toward goals for change, including focusing on helping8 to discover the specific positive goals that the aggression is directed toward and9 finding other pathways to reach those goals, track progress toward new behaviors,10 and feel pride about those changes.11 (f) Help adults in the youth's family and environment recognize and affirm12 the gradual progress the youth makes toward new, nonaggressive behaviors.13 (2) With respect to youths who are the victims of bullying, the task force14 shall consider mental health treatment solutions which will address issues, including15 but not limited to all of the following:16 (a) Social isolation.17 (b) Decreased academic performance.18 (c) Anxiety.19 (d) Depression.20 (e) Low self-esteem or lack of self-confidence.21 (f) Suicidal thoughts.22 C. The task force may receive and expend funds appropriated or otherwise23 made available by the legislature or from any other source, including donations or24 gifts of money or services from public or private organizations or from any other25 sources, to be utilized for the purposes of the Chapter.26 HLS 14RS-561 ORIGINAL HB NO. 758 Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §805. Report1 The task force shall submit a report of its findings and recommendations,2 including proposed legislation if necessary, on an annual basis to the legislature not3 later than sixty days prior to the commencement of the regular legislative session.4 §806. Cooperation by other state entities5 A. All departments, commissions, boards, agencies, officers, and institutions6 of the state and all subdivisions thereof shall cooperate with the task force in7 carrying out the powers and purposes of this Chapter.8 B. The Department of Health and Hospitals and the Department of Children9 and Family Services shall assist the task force in determining the availability of10 funding sources to carry out the purposes of this Chapter.11 Section 2. R.S. 36:259(A) is hereby enacted to read as follows:12 §259. Transfer of agencies and functions to Department of Health and Hospitals13 A. The Louisiana Bullying Awareness and Treatment Task Force (R.S.14 28:801 et seq.) is placed within the Department of Health and Hospitals and shall15 exercise and perform its powers, duties, functions, and responsibilities in the manner16 provided for agencies transferred in accordance with the provisions of R.S. 36:801.17 * * *18 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)] Norton HB No. 758 Abstract: Creates the La. Bullying Awareness and Treatment Task Force within the Dept. of Health and Hospitals. Proposed law shall be known and may be cited as the "La. Bullying Awareness and Treatment Act". The purpose of proposed law is to create the La. Bullying Awareness and Treatment Task Force (task force), to develop a comprehensive, coordinated plan to address the mental health needs of youths who are victims of bullying as well as youths who are involved in bullying, and to provide needed guidance to carry out the goals the task force shall recommend. HLS 14RS-561 ORIGINAL HB NO. 758 Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law provides that the task force shall consist of the following members: (1)The secretary of the Dept. of Health and Hospitals (DHH) or his designee. (2)The secretary of the Dept. of Children and Family Services (DCFS) or his designee. (3)The executive director of the La. chapter of the National Association of Social Workers or his designee. (4)The president of the La. Counseling Association or his designee. (5)The president of the La. Association for Behavioral Health or his designee. (6)The president of the La. School Counselor Association or his designee. (7)An education practitioner who has experience addressing the issue of bullying, designated by the state superintendent of education. (8)Four parents or other members of the public who have demonstrated a commitment to addressing the issue of bullying. (9)Two elected members of the La. House of Representatives appointed by the speaker of the House of Representatives. (10)Two elected members of the La. Senate appointed by the president of the Senate. Proposed law provides that each of the four elected members of the legislature serving on the task force shall designate one of the parents or other members of the public provided for in proposed law. Proposed law provides that the secretary of DHH or his designee, shall serve as chairman of the committee. Proposed law provides that members of the task force shall serve three-year terms and shall hold office until the appointment and qualification of a successor. Proposed law further provides that, whenever a vacancy occurs in a position, the vacancy shall be filled in the same manner and under the same terms and conditions as required for the original appointment. Proposed law requires the task force to convene for its first meeting no later than Oct. 1, 2014. Proposed law further requires the members of the task force, at the first meeting, to elect a vice chairman and other officers as they may deem appropriate. Proposed law authorizes legislative members of the commission to receive the same per diem and travel allowance for attending meetings of the task force or any meeting thereof as is normally provided for members of the legislature. Proposed law provides that nonlegislative members of the task force shall receive no compensation for their services and shall serve at no expense to the state. Proposed law provides that the task force shall be domiciled in Baton Rouge but may hold public meetings elsewhere in the state. Proposed law requires the task force to meet every 60 days at such times and at places as it may designate. The task force may also hold additional meetings upon the call of the chairman or at the request of at least three members of the task force. HLS 14RS-561 ORIGINAL HB NO. 758 Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law requires a majority of the task force to constitute a quorum for the transaction of business. Proposed law further requires all official actions of the task force to require the affirmative vote of a majority of the members. Proposed law requires the task force to make a thorough study of the feasibility and practicality of providing counseling and other treatment services to youths who are victims of bullying as well as youths who are involved in bullying. Proposed law authorizes the task force to render objective, fiscally feasible recommendations to the legislature for the implementation of policies that could be adopted by the state. Proposed law requires the task force to consider mental health treatment solutions for youths who bully which will accomplish but shall not be limited to the following: (1)Help the youth who bullies fully acknowledge the behavior. (2)Emphasize that the youth had other options, no matter what the provocation, and that the youth is fully responsible for the decision made. (3)Confront excuses by the youth that minimize the behavior or externalize the cause of the bullying behavior. (4)Support parents and educators in holding these youths fully accountable for their actions and not suggesting or allowing rationalizations. (5)Once the youth is able to recognize problems with the bullying behavior, help the youth set and work toward goals for change, including focusing on helping to discover the specific positive goals that the aggression is directed toward and finding other pathways to reach those goals, track progress toward new behaviors, and feel pride about those changes. (6)Help adults in the youth's family and environment recognize and affirm the gradual progress the youth makes toward new, nonaggressive behaviors. Proposed law requires the task force to consider mental health treatment solutions for youths who are victims of bullying to address issues, including but not limited to all of the following: (1)Social isolation. (2)Decreased academic performance. (3)Anxiety. (4)Depression. (5)Low self-esteem or lack of self-confidence. (6)Suicidal thoughts. Proposed law authorizes the task force to receive and expend funds appropriated or otherwise made available by the legislature or from any other source, including donations or gifts of money or services from public or private organizations or from any other sources, to be utilized for the purposes of proposed law. Proposed law requires the task force to submit a report of its findings and recommendations, including proposed legislation if necessary, on an annual basis to the legislature not later than 60 days prior to the commencement of the regular legislative session. HLS 14RS-561 ORIGINAL HB NO. 758 Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law requires all departments, commissions, boards, agencies, officers, and institutions of the state and all subdivisions thereof to cooperate with the task force in carrying out the powers and purposes of proposed law. Proposed law requires DHH and the DCFS to assist the task force in determining the availability of funding sources to carry out the purposes of proposed law. Proposed law places the La. Bullying Awareness and Treatment Task Force within DHH and authorizes the task force to exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of proposed law. (Adds R.S. 28:801-806 and R.S. 36:259(A))