Louisiana 2019 2019 Regular Session

Louisiana Senate Bill SB151 Comm Sub / Analysis

                    RDCSB151 224 2700
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)]
SB 151 Reengrossed 2019 Regular Session	Luneau
Present law provides for the Special School District (SSD) within the Dept. of Education
(DOE), which includes the La. special schools and Special School Programs. Designates the
La. Special Education Center (LSEC) as a special school within the SSD.  Proposed law
provides for the transfer of the LSEC from the SSD within (DOE) to the La. Department of
Health (LDH) and renames the center as the Central La. Supports and Services Center
(CLSSC).
Present law authorizes LDH facility administrators to develop policies and procedures
necessary for the operation of state developmental centers which provide developmental
disabilities services.  Proposed law provides that facility administrators shall make
recommendations on policy and procedures to the secretary of LDH and that such policies
and procedures shall not be implemented until approved by the secretary.
With respect to the transfer of LSEC to LDH, proposed law provides as follows:
(1)Requires transfer process to begin by Aug. 1, 2019, and conclude by Jan. 31, 2020.
(2)Requires the State Bd. of Elementary and Secondary Education (BESE), DOE, and
SSD to fully cooperate with LDH to effect the transfer.
(3)Requires the assets, funds, facilities, property, equipment, books, documents,
records, obligations, programs, and functions of LSEC to be transferred to LDH on
the transfer's effective date.
(4)Prior to such effective date, BESE, DOE, and SSD shall not:
(a)Sell, transfer, or otherwise remove any asset or thing of value attributable to
or owned by LSEC.
(b)Incur, transfer, or assign any debt or other responsibility or obligation to 
LSEC that is not properly attributable to it.
(c)Reduce or reallocate the level of funding, staffing, or support that would
otherwise be allocated to the center.
(d)Impose any budget reductions or changes in funding without the prior
approval of the Joint Legislative Committee on the Budget.
(e)Take any personnel action with regard to any administrative, instructional,
or noninstructional employee of LSEC without LDH approval.
(5)Requires LDH, to the extent possible, to provide for the transfer of employees
without loss of status, salary, and related benefits.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:43, 46(A)(1)(c), 81.9(A)(1)(b), 240(A)(1), 348(A), 419.2(A), 421.4,
422.6(B), and 1945(B)(1), R.S. 28:451.4, R.S. 39:98.3(C)(2) and 362(F), and R.S.
49:121(E); Adds R.S. 28:22.8(A)(4) and R.S. 36:259(C)(8); Repeals R.S. 17:348(B))
Page 1 of 2 RDCSB151 224 2700
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Provides that all policies and procedures relative to the operation of office for
citizens with developmental disabilities' facilities shall be approved by the
secretary of LDH.
2. Provides that the LSEC as a unique entity shall not effectuate certain acts or
omissions in the course of the transfer.
3. Provides that the prohibition on reducing or reallocating funding and support
during the transfer also applies to a prohibited reduction of staffing.
4. Provides that LDH shall align the operation of LSEC with the operation of
the other LDH operated 24 hour facilities as it relates to the transfer of LSEC
employees.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
reengrossed bill:
1. Make technical changes.
Page 2 of 2