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Regular Session, 2014
SENATE BILL NO. 513
BY SENATOR HEITMEIER
HEALTH SERVICES. Provides for the Louisiana Obesity Prevention and Management
Commission. (gov sig)
AN ACT1
To enact R.S. 36:259(OO) and R.S. 40:2018.4, relative to the creation of the Louisiana2
Obesity Prevention and Management Commission within the Department of Health3
and Hospitals; to provide for membership; to provide for the functions of the4
commission; to provide for termination of the legislative authority for the5
commission; to provide for an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 36:259(OO) is hereby enacted to read as follows:8
§259. Transfer of agencies and functions to Department of Health and Hospitals9
* * *10
OO. The Louisiana Obesity Prevention and Management Commission11
(R.S. 40:2018.4) is placed within the Department of Health and Hospitals and12
shall exercise and perform its powers, duties, functions, and responsibilities as13
provided by or pursuant to law.14
Section 2. R.S. 40:2018.4 is hereby enacted to read as follows:15
§2018.4. Louisiana Obesity Prevention and Management Commission16
A. There is hereby established in the Department of Health and17 SB NO. 513
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Hospitals a commission designated the Louisiana Obesity Prevention and1
Management Commission ("commission"), composed of seven members as2
provided for in this Section. The commission may accept and expend grants3
and private donations from any source, including federal, state, public, and4
private entities, to assist it to carry out its functions.5
B. The powers, functions, and duties of the commission shall include but6
not be limited to the following:7
(1) Assisting the executive departments and agencies in achieving8
programmatic goals. To this end, the commission shall provide leadership and9
support for:10
(a) Organizational efforts found necessary to achieve programmatic11
objectives.12
(b) Articulating standards through the dissemination of materials,13
identification of expert opinion, identification of alternate means of developing14
effective population-based programs, and development of policy in identified15
health risks.16
(c) Creating awareness of health risks due to overweight and obesity17
conditions among payers, providers, and patients.18
(d) Enhancing reporting mechanisms of latest outcomes and health19
trends in the area of overweight and obesity concerns.20
(e) Conducting evaluations of program effectiveness.21
(f) Encouraging research and the identification of resources that seek22
ways to promote cost-effective methods of treating overweight and obesity23
conditions.24
(2) Assisting in conducting exploratory research as deemed necessary25
with the intent of achieving programmatic objectives.26
(3) Conducting public meetings to discuss obesity.27
(4) Advising and assisting participating agencies with the development28
and implementation of obesity programs.29 SB NO. 513
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(5) Analyzing what other entities across the state are doing to combat1
obesity.2
(6) Advising the executive departments and agencies as to the3
implementation of the commission's recommendations.4
C. The commission shall convene its first meeting no later than August5
31, 2014. At the first meeting the chairman and vice chairman of the6
commission shall be appointed by the secretary of the Department of Health7
and Hospitals with the consultation and approval of the commission. The8
commission may adopt such rules of procedure as are necessary to facilitate9
orderly conduct of its business.10
D. The commission shall be composed of the following members:11
(1) The secretary of the Department of Health and Hospitals, or his12
designee.13
(2) The state superintendent of education, or his designee.14
(3) The commissioner of insurance, or his designee.15
(4) The president of the Senate, or his designee.16
(5) The speaker of the House of Representatives, or his designee.17
(6) The director of the Pennington Biomedical Research Center, or his18
designee.19
(7) The director of the Prevention Research Center at Tulane University,20
or his designee.21
(8) Two members from community-based groups elected by the other22
commission members at their first meeting. These two members shall serve a23
term of two years and may be elected by the other commission members to24
serve additional terms.25
E. Nonlegislative members of the commission shall not be entitled to per26
diem or any other compensation for their service but shall be entitled to27
reimbursement of any necessary and reasonable expense incurred in the28
performance of their duties on the commission, including travel expenses. Each29 SB NO. 513
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legislative member of the commission shall receive the same per diem and travel1
reimbursement for attending meetings of the commission as is normally2
provided for members of the legislature.3
F. The commission shall meet at least quarterly. Meetings shall also be4
held on call of the chairman or at the request of at least three members of the5
commission. Presence of a majority of the members of the commission shall6
constitute a quorum.7
G. The commission shall submit an annual report, including proposed8
legislation if necessary, to the governor and to the health and welfare9
committees of the Senate and House of Representatives, sixty days prior to the10
convening of each regular legislative session. The report shall update the11
legislature on the commission's progress toward full implementation of services12
and programs in the state to increase prevention and management of the disease13
of obesity in adults and children.14
H. The legislative authority for the existence of the commission shall15
cease on March 31, 2016.16
Section 3. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Heitmeier (SB 513)
Proposed law provides for the creation of the Louisiana Obesity Prevention and Management
Commission (the commission) within the Department of Health and Hospitals.
Proposed law provides the commission with the following functions and duties:
(1)Assisting the executive departments and agencies in achieving programmatic goals.
(2)Assisting in conducting exploratory research as deemed necessary with the intent of
achieving programmatic objectives. SB NO. 513
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words in boldface type and underscored are additions.
(3)Conducting public meetings to discuss obesity.
(4)Advising and assisting participating agencies with the development and
implementation of obesity programs.
(5)Analyzing what other entities across the state are doing to combat obesity.
(6)Advising the executive departments and agencies as to the implementation of the
commission's recommendations.
Proposed law provides for the commission having nine members:
(1)The secretary of the Department of Health and Hospitals, or his designee.
(2)The state superintendent of education, or his designee.
(3)The commissioner of insurance, or his designee.
(4)The president of the Senate, or his designee.
(5)The speaker of the House of Representatives, or his designee
(6)The director of the Pennington Biomedical Research Center, or his designee.
(7)The director of the Prevention Research Center at Tulane University, or his designee.
(8)Two members from community-based groups elected by the other commission
members at their first meeting.
Proposed law provides nonlegislative members of the commission shall not be entitled to per
diem or any other compensation for their service but shall be entitled to reimbursement of
any necessary and reasonable expense incurred in the performance of their duties on the
commission, including travel expenses. Furthermore, each legislative member of the
commission shall receive the same per diem and travel reimbursement for attending
meetings of the commission as is normally provided for members of the legislature.
Proposed law provides the commission shall meet at least quarterly.
Proposed law provides the commission shall submit an annual report, including proposed
legislation if necessary, to the governor and to the health and welfare committees of the
Senate and House of Representatives, 60 days prior to the convening of each regular
legislative session.
Proposed law provides the legislative authority for the existence of the commission shall
cease on March 31, 2016.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 36:259(OO) and R.S. 40:2018.4)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Provides for two members of the commission from community-based groups
elected by the other commission members at their first meeting. SB NO. 513
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2. Provides for the president of the Senate, or his designee, and the speaker of
the House of Representatives, or his designee, to be members of the
commission.
3. Provides for the first meeting of the commission to be held no later than
August 31, 2014.
4. Changes the reporting requirement of the commission to the legislature to be
no later than sixty days before the convening of the regular session.