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Media

Legislative Wrap-Up: Louisiana

18 January 2013

Louisiana lawmakers recently completed a demanding legislative session, passing more than 800 bills into law in the past year. Several different issues emerged and became predominant themes for numerous bills that were passed during the session. Issues related to teachers took priority amongst education reform. The removal of tenure law applicability for teachers and current law allowing sick leave for personal family member illness were only a few of the changes made to the Louisiana education system. With regards to the budget, the state of Louisiana voted in favor of adopting a conference report that amends the pensions of state workers. Additionally, Louisiana passed a bill requiring drug testing for some welfare recipients.

Comprised of 105 Representatives and 39 Senators,  Louisiana’s legislature consists of predominantly Republican lawmakers. Of the 105 Representatives, 58 are Republican, 45 are Democratic, and 2 identify themselves as Independents. In the Senate, 24 Senators are Republican and 15 are Democratic, and Louisiana’s Governor Bobby Jindal also classifies himself as a Republican. Louisiana’s legislative session began on March 12, 2012 and came to an end on June 4, 2012, with a robust total of 1,964 bills introduced. Nonetheless, a number of legislative pieces remain, including Governor Jindal’s pension reform package, as well as a bill prohibiting smoking outdoors within 25 feet of areas where smoking is prohibited. Overall, Governor Jindal made 21 vetoes,  with 1 line item veto, this past legislative season.

As Chair of the Education Committee, Republican Rep. Stephen Carter seems to have given precedence to issues concerning teachers in the state of Louisiana. HB 632,  proposed by Rep. Carter, declares current tenure laws inapplicable to any teacher hired on or after July 1, 2012, while HB 293,  sponsored by Rep. Joe Harrison,  declares existing law that authorizes current school bus operators to become permanent operators is not applicable by the very same date. Furthermore,  HB 974, also sponsored by Rep. Carter, authorizes local school superintendents to terminate the employment of non-tenured teachers while prohibiting instructors and administrators whose evaluations state their performance as “ineffective” from receiving higher pay in the following year. HB 974 also requires that the governing authorities of public school systems establish salary schedules on the basis of individual effectiveness and school need, as well as other components. 

Further attention on teachers and school employees was given as Republican Sen. Conrad Appel's SB 494,  permitting extended sick leave on the basis of personal or family member sickness and establishing extended sick leave permissible only under medical necessity through certification of a licensed physician. Senator Appel stated that he is “a firm believer that increased accountability leads to increased results” and that he has “voted for and authored legislation that creates more stringent assessment programs for teachers and administrations on the secondary and post-secondary levels.” In his goal of “teacher accountability,” Appel’s bill also makes modifications to the granting of sabbatical leave requests from teachers and school employees as permissive rather than obligatory. Meladie Munch, President of the Jefferson Parish Federation of Teachers, said the loss of extended sick leave would force employees with serious illnesses to pay for their own health care coverage if they have to leave the system, referring to a teacher in her system who is dealing with diabetes and also having to care for a husband who needs a liver transplant.

In an effort to reform retirement systems, Republican Representative Kevin Pearson authored HB 61,  which amends state worker pensions and establishes a cash balance plan for the Louisiana State Employees’ Retirement System, the Teachers’ Retirement System of Louisiana, and the Louisiana School Employees’ Retirement System. Opponents have stated that “The cash balance system provides trivial security towards one’s retirement and that workers may end up living in poverty.” Democratic Rep. Sam Jones has stated,  “There is no back-stop, no Social Security.” Jones has expressed his concern that future retirees would receive 60% less after 25 years of service than they do today. HB 61 is opposed by the AARP of Louisiana and the Board of Directors of the Louisiana State Employees Retirement.

HB 380, requiring drug testing for specified welfare recipients, truly divided the House votes by party with every voting Republican favoring the bill. The bill authorizes the Department of Children and Family Services to establish a mandatory drug testing program for at least 20% of the adults in the Family Independence Temporary Assistance Program. This bill, proposed by Republican Representative Sherman Mack,  is a substitute for LaBruzzo’s HB 7, refurbished under a different title and bill number.

Not only did Louisiana pass a number of bills focused on education and budget, but they also passed a multitude of additional bills. HB 209 alters the time that polls are open by 1 hour as it changes the opening hour from 6:00 a.m. to 7:00 a.m. In regards to the time reduction, Secretary of State Tom Schedler has stated,  “It has nothing to do with Democrats, Republicans, North Louisiana, South Louisiana. It’s been proven statistically that roughly 2.5% of the voting turnout that day turns out during that first hour.”

In an attempt to address a constant wave of individuals sentenced to life in prison, Democratic Representative Patricia Smith authored House Bill 543 which would authorize parole eligibility for non-violent offenders. Smith portrayed the legislation as a “bill of hope” stating, “It provides opportunities for those who are incarcerated for nonviolent offenses… to have an opportunity to be eligible for parole. I’m going to repeat it. Eligible for parole. It is not opening the floodgates for anyone to get out of prison tomorrow”. Numerous law enforcement employees have expressed the necessity of Smith’s bill while organizations such as the American Civil Liberties Union have also stood in support of this legislation.

In accordance with a number of states, Louisiana passed a bill restricting cell phone usage while operating a vehicle. HB 695 prohibits driving a vehicle while utilizing a hand-held phone or electronic device unless the phone or device is “hands free”. Existing law only prohibited text-based communication in regards to driving and cell phone usage.

With education and budget being hot topics in the state of Louisiana, this legislative season has raised a number of questions and concerns over the implications of the changes made within the state. When asked about the clearest victory of the season, Rep. Patricia Hayes Smith stated “The state workers pension plan. We have a lot of folks who are state workers and we were able to stop all the changes to the pension plan with the except for one that looks at new employees coming in as of 2013”. Governor Bobby Jindal declared the bills passed to be a success, calling the session the most successful he has seen since becoming governor. Perceptions of success were highly divided based on party alignment. 

Maria Langlois is a student at The University of Texas at Austin majoring in Psychology and Sociology and a current intern with Project Vote Smart. For more information on internship opportunities with Project Vote Smart, contact us at intern@votesmart.org or by calling 1-888-VOTE-SMART.

 

Related tags: blog, Louisiana

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