Pubdate: Tue, 25 Mar 2003
Source: Daily Star, The (LA)
Copyright: 2003, The Daily Star
Contact:  http://www.hammondstar.com
Details: http://www.mapinc.org/media/1657
Author: Deon Roberts
Note: See "Winston" section specifically

LOCAL LAWMAKERS PUSHING OWN BILLS

With the convening of the 2003 regular legislative session less than a week 
away, the nine members of the state Legislature representing Tangipahoa 
Parish have already begun prefiling bills and making final changes to 
drafts before Friday's 5 p.m. prefiling deadline.

A number of issues will be under consideration this session, including the 
AMBER Alert Network, the expulsion of students with drug offenses, funding 
for the Port of Manchac and term limits for senators and representatives.

Powell

Rep. Henry "Tank" Powell of District 73 has filed a bill to repeal the 
authority of the South Tangipahoa Parish Port Commission to levy and 
collect ad valorem and special taxes. Powell has said the port needs to 
become self-sufficient. His proposed law would take away the power of the 
commission to levy taxes to cover administrative, operative and maintenance 
expenses of the board. If his bill is passed, a special election would be 
held in the future whereby voters would get to decide whether taxes should 
be levied to fund the port.

Since 1987, the port has been levying taxes on property owners. During the 
years, it has collected more than $5 million without approval from the 
taxpayers, he said.

Port officials have said they have tried to create jobs at the port and 
can't be expected to turn a profit every year.

In a separate port-related bill, Powell seeks to eliminate the compensation 
paid to commission members.

Powell has also filed a bill to repeal Act 155, which changed the rules 
relative to the maintenance of railroad rights of way and threatened trees, 
structures and vegetation parallel to railroad tracks across the state. Act 
155 called for wider rights of way by defining the maintenance length to be 
300 feet on either side of the centerline of a public roadway and the 
maintenance width to be 50 feet on either side of the centerline between 
the rails.

Before 155, which was passed during the 2002 Legislature's 1st 
Extraordinary Session, the maintenance width was 25 feet on either side of 
the centerline of the rails. The act was designed to prevent accidents that 
occur when vegetation and structures block the vision of pedestrians and 
motorists.

But Powell said most railroad crossings in the region are protected with 
signals and cross arms and that trees would be unnecessarily cut. If the 
act gets repealed, Rep. Roy Quezaire of District 58 will propose a bill 
that would alter the rights of way regulations and address visibility at 
railroad grade crossings.

Another bill already filed by Powell seeks to increase the civil 
jurisdictional amount of the Hammond City Court to $30,000. Present law 
restricts the amount in dispute to $15,000 if the population under the 
court's jurisdiction is less than 50,000.

Powell also has prefiled other bills concerning airport leases, structured 
settlement rights, by-catch in crab traps. More bills are on the way, he said.

Carter

Robert "Robby" Carter of District 72 is proposing a bill that would add 
penalties for the failure of an insured party to make a written offer to 
settle third party property damage claims within 30 days after the receipt 
of satisfactory proofs of loss of the claim. According to present law, 
which Carter wants retained, insurers are penalized if they fail to make 
payment on any claim that is due to any insured within 30 days after the 
receipt of satisfactory proofs or if they fail to make payment within 30 
days after written agreement or settlement.

Under current law, there are no penalties for the failure to make a written 
offer for third party claims within 30 days after satisfactory proofs of 
loss are received.

Former state employees who are retired would be eligible for cost-of-living 
adjustments before they reach 55, if another of Carter's bills gets passed. 
The Louisiana State Employees' Retirement Systems, according to present 
law, requires retirees to to be at least 55 and to have been receiving 
retirement benefits for a least a year before a cost-of-living adjustment 
can be received. Carter wants to remove the age requirement but retain all 
other previsions of the law.

The preemptive period for lesion would be reduced from one year to 90 days, 
if another of Carter's bills gets passed.

Winston

Children and students are the focus of the majority of the bills drafted by 
Rep. Diane Winston of District 77.

One would allow either parent of an illegitimate child to sign a petition 
to change the child's name if the other parent has failed to "acknowledge" 
the child or has never agreed to a plan of support.

Winston is also seeking to add child placement agencies and persons 
authorized to conduct pre-placement adoption home studies to the list of 
agencies authorized to receive criminal history information. Present law 
does not permit social workers, psychologists, licensed agencies and 
counselors to receive that information from the state Bureau of Criminal 
Identification.

Among other bills related to children, Winston has drafted one that would 
prevent the expulsion of students in sixth grade or older who are found 
guilty of certain drug offenses, as long as the student participates in a 
full-time juvenile court drug program operated by a Louisiana court. 
Present law requires that students 16 or older found guilty of drug 
violations on school property be expelled for a minimum of 24 months, while 
those in grades sixth through 12th can be expelled for a minimum of 12 
months. Winston wants to retain the present law but remove the expulsion 
period for those students who participate in a full-time drug program.

In a bill regarding financial aid for students, Winston will ask the 
Legislature to repeal various student financial assistance programs that 
the Louisiana Student Financial Assistance Commission has the authorization 
to administer.

Also, Winston is proposing a penalty of $100 to $1,000 and six months in 
prison for people who violate the Natural and Scenic Rivers Act.

Strain

Rep. Mike Strain of District 74 is proposing a bill that would create a 
state sales and use tax exclusive for consumer purchases of propane, butane 
and other fuels or gases used to heating places of residence. Currently, 
there is a constitutional exemption for sales and use taxes for consumer 
purchases of natural gas.

Strain has also filed a bill that would allow local agencies certified by 
the Department of Health and Hospitals to perform their own review and 
approval of plans and specifications for sewerage works instead of 
submitting them to the state health officer as present law requires.

If another of Strain's bills get passed, bicyclists riding two abreast 
would be required to ride within a single lane on roadways laned for 
traffic. Bicyclists would also be prohibited from impeding traffic flow. 
Under the proposed bill, bicyclists would still be required to stay as 
close to the right side of the roadway as possible.

Strain also hopes to have $1 million of the monies credited in the 
Parimutuel Live Racing Facility Gaming Control Fund deposited into an 
Equine Health Studies Program Fund. In addition, the money would be for the 
exclusive use of the Louisiana State University School of Veterinary Medicine.

Nevers

Rep. Ben. W. Nevers of District 75 has at least two bills that would affect 
the coroner, if passed. One bill establishes the annual state salary for 
coroners as $50,000 for physicians and $25,000 for non-physicians. 
According to present law, coroners receive $548 in extra compensation from 
the state per month pursuant to appropriation as well as $500 per month in 
extra compensation from the parish. Nevers' tax would do away with the 
extra compensation from the state and parish.

Nevers' other bill related to coroners requires coroners to view the body 
or conduct an investigation whenever a death occurs at a nursing home or 
other care facility. Present law requires the coroner to conduct 
investigations under certain situations, such as suspicious, violent, 
criminal or other types of death. Nevers' law extends the situation to 
deaths arising from natural causes in a nursing home.

Limitations would be put on the prescription, dispensing and administering 
of certain drugs, if two of Never's bills are passed. Schedule II narcotics 
would only prescribed by a health care provider if it is prescribed for the 
condition that the Food and Drug Administration approves it for, if the 
dosage conforms to FDA recommendations and if other state associations 
approve it. The prescribing of narcotics containing oxycodone hydrochloride 
would have to meet the same requirements. Penalties are also included in 
the proposed bills.

Other bills filed by Nevers address the naming of football stadiums in 
honor of former coaches, the creation of a license plate to promote foster 
parenting and adoption, the creation of a Washington Parish Reservoir 
District and increased penalties for those cruel to juveniles.

McVea

Rep. Tom H. McVea of District 62 has drafted a bill that would delete the 
requirement that the consumer price index be increased by 3 percent in the 
preceding fiscal year for the Clerks of Court Retirement and Relief Fund 
board of trustees before the board grants a cost-of-living adjustment. 
Under present law, such an adjustment can only be given to members retired 
for at least one year if the CPI has increased by 3 percent.

In another bill related to the Clerks of Court Association, McVea has 
proposed the second vice president of the association be added to the board 
of trustees of the Louisiana Clerks of Court Retirement and Relief Fund, 
replacing the chairman of the Senate Retirement Committee.

McVea also has drafted a bill that would allow a member of the Louisiana 
State Employees' Retirement System who has received a refund of their 
contributions from the Employees' Retirement System of Baton Rouge to pay 
funds directly to LASERS for all or a portion of service credit accrued in 
the Baton Rouge retirement system. The actuarial value of that promise can 
be paid.

Hainkel

Senate President John Hainkel has proposed legislation that would prohibit 
the use of aircraft for the taking or the spotting of white-tailed deer and 
wild turkey.

He has also drafted a bill that would require state Supreme Court judges be 
nominated, appointed and subjected to a retention election from each of the 
six state Supreme Court districts. He would also like to repeal the 
provision in the Constitution that says that a member of the Senate or 
House of Representatives serving for more than 2 1/2 terms in three 
consecutive terms cannot be elected for the succeeding term. The amendment 
will be put to the voters.

In another bill, the Senate president is proposing a constitutional 
amendment that would authorize the Legislature to place limitations on the 
awards for damages and losses of property rights that result from coastal 
wetlands conservation programs and activities.

Rules for emergency response standards for the Louisiana Department of 
Environmental Quality concerning solid waste facilities, replacing the 
Orleans Parish School Board and the creation of the Louisiana State Finance 
Authority are the subject of other Hainkel bills.

Schedler

Sen. Tom Schedler of District 11 is submitting a bill to exempt information 
necessary for the operation of child alert systems, such as the AMBER Alert 
Network. Present law says that the name, address or identity of a victim 
under the age of 18 when the offense occurs cannot be publicly disclosed. 
Schedler's bill would rescind the confidentiality provisions regarding the 
victims.

Schedler is also seeking to amend the state Constitution to create the 
Medicaid Trust Fund for the Elderly and the companion Louisiana Elderly 
Support Fund. The monies would be used to finance the rebasing of nursing 
home reimbursement rates as well as to fund the case mix Medicaid 
reimbursement system for nursing homes.

Schedler will also ask the Legislature to extend the moratorium on licenses 
for home health agencies to July 1, 2005.

In another bill, he hopes to make effective July 1, 2004, a law that would 
prohibit the practice of dispensing opticians without a license issued by 
the Louisiana Board of Opticianry.

As of this morning, no legislation has been posted by Sen. Jerry A. Thomas 
of District 12 on the state Legislature's Web site, 
www.legis.state.la.us/main.asp. Visit the site to view other bills 
submitted by legislators.

No more than five additional bills that were not prefiled may be introduced 
by a member not later than midnight on April 29.

The Legislature will convene noon on Monday, and final adjournment will be 
no later than 6 p.m. June 23.
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MAP posted-by: Beth