Louisiana 2014 Regular Session

Louisiana House Bill HB758 Latest Draft

Bill / Introduced Version

                            HLS 14RS-561	ORIGINAL
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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
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(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
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(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
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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
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(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
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§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
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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
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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
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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))