2016 House Notes Regular Session Week 3

HOUSE NOTES
Louisiana House of Representatives

Communications Office
2016 Regular Legislative Session
Week Three, April 1
The House had a busy third week of

the 2016 Regular Legislative Session.
To date, 825 House bills and 447
Senate bills have been introduced.
The House has passed 151 bills and
the Senate, 106.
The following includes a few bills that
have generated public interest:
AGRICULTURE
*
House Bill 251, pending House final
passage, provides for the membership of the
state soil and water conservation commission
and additionally provides that the commission
shall perform an audit every four years for all
of the commissions districts and file with the
legislative auditor.
*
passage, provides for the removal of
referendum criteria from the Dairy Industry
Promotion Board.
*
passage, provides penalties for failure to
provide records of petroleum products
received, used, sold, or delivered.
*
passage, provides for payment guidelines for
claims under the agricultural commodity
dealer and warehouse law using the
self-insurance fund and the grain and cotton
indemnity funds.
BUDGET
*
House Bill 216, which passed 86-4,
caps the amount of state funds dedicated to
works of art to the lesser of $100,000 per
project or 1 percent of the state money to be
expended on the construction or renovation
project. The proposed law applies to all
projects begun on or after August 1, 2016, and
provides that no new contracts shall be
entered into after October 1, 2016, if the
contract increases the total expenditure for art
to exceed $100,000.
*
House Bill 306, which passed by a
vote of 95-0, expands the uses of the Public
Oyster Seed Ground Development Account.
*
House Bill 721, which passed the
House by a vote of 93-0, provides for the
allocation of expenditures of the state
operating budget.
*
House 94-2, provides for a subcommittee of
the Joint Legislative Committee on the Budget
to conduct sunset reviews of state
departments.
*
House 97-0, provides relative to maximizing
the use of available office space in state
buildings.
CIVIL LAW
*
House Bill 93, passed by the House
99-0, redesignates some language in the

tutorship articles of the Civil Code.
*
passage, provides for a certificate of
employability for offenders who are in the
reentry division of court.
*
House Bills 146, pending House final
passage, provides for a limitation of liability
for any mentor of an offender on probation
under the supervision of any court division for
any injury or loss caused or suffered by an
offender in the training program.
Additionally, HB146 provides a
limitation of liability for the court and any
officer, agent, or employee of the court from
liability for any injury or loss to the offender,
the mentor, or any third party for the actions
of the mentor or the offender.
*
vote of 90-0, provides for the continuous
revision of the law of successions.
*
House Bill 275, a proposed
constitutional amendment pending House final
passage, prohibits a person convicted of a
felony from holding elective or appointive
office.
HB 275 additionally provides that such
a person may not be disqualified if 15 or more
years have elapsed from the completion of the
sentence for the conviction, or the person has
been pardoned for the conviction either by the
governor of this state or by the officer of the
government having such authority to pardon
in the place where the person was convicted
and sentenced.
*
House 92-0, revises the Louisiana Trust Code
relative to the definition of "person", the
ability to shift an interest in principal of the
trust, the requirement to record certain trust
instruments, and the content of an extract of
trust.
*
House Bill 334, subject to call,
provides for the enforcement of certain private

and public construction contracts.
*
House 92-0, exempts certain savings banks
and certain subsidiaries of federally chartered
financial institutions from consumer loan
licensing requirements.
*
makes changes to Louisiana Securities Law
with respect to Tier 1 and Tier 2 Regulation A
securities.
*
provides that in a judicial district comprised of
multiple parishes, in certain circumstances, a
judge or hearing officer may conduct a hearing
in any parish within the judicial district.
*
requires judgments of interdiction to include
the defendant's name, domicile, age and
current address following the interdiction
hearing.
*
passage, provides a one-year prescriptive and
three-year preemptive period for action
against real estate appraisers and real estate
appraisal companies.
*
constitutional amendment pending House final
passage, provides for additional authority for
the governor and legislature to reduce budgets
if there is a projected deficit.
*
House Bill 634, which provides
relative to the imprescriptibility of mineral
rights in land acquired by a governmental
authority, includes property appropriated by
an acquiring authority, passed the full House
96-2.
COMMERCE
*
House 99-0, makes changes to the law
applicable to home service contract providers.
*
Page -2-
vote of 95-0, removes the termination date of

the Louisiana Scrap Metal Recyclers Law.
*
passage, increases motor carriers and public
utilities inspection, control and supervision
fees by $.07 per $1,000 for gross receipts in
amounts ranging from $1,000 to $100 million
and $.08 per $1,000 for gross receipts in
excess of $100 million.
*
passage, authorizes motor vehicle rental
companies to separately list certain charges to
recover the cost of titling, licensing, and
registering their vehicle fleet.
*
House 91-0, authorizes credit unions to offer
savings promotional raffles.
*
passage, provides for revisions to the Business
Corporation Act.
*
House 89-9, makes changes to law that applies
to share accounts of credit unions for which a
member may make deposits payable to
beneficiaries.
*
vote of 97-0, authorizes the dissolution by
affidavit of a limited liability company that
owns no immovable property.
CRIMINAL JUSTICE
*
House Bill 42, which passed the House
97-0, provides that the time limitation for
prosecution of video voyeurism shall not
begin to run until the crime is discovered by
the victim.
*
House 94-0, provides that a defendant shall
be given credit for time served prior to the
revocation hearing for time served in actual
custody while being held for a technical
violation in a detention facility.
*
House 87-13, provides for credit for time

served pending a probation revocation hearing
and provides that subsequent sentences are
served concurrently for those on probation.
*
adds an additional circumstance for the
exemption of expungement fees when the
applicant is determined to be a victim of
unauthorized use of an "access card," identity
theft, access device fraud or a violation of any
other crime involving the unlawful use of the
identity or personal information of the
applicant.
*
adds attempted first and second degree rape to
the list of crimes with a 30-year time period
for institution of prosecution in cases where
the victim is under 17 years of age.
*
House 84-2, allows prior bad acts of domestic
abuse or cruelty to a juvenile be admissible in
criminal proceedings.
*
passage, adds the use of drones as an element
of the crimes of video voyeurism, voyeurism,
and Peeping Tom.
*
adds substances to Schedules II and IV of the
Uniform Controlled Dangerous Substances
Law.
EDUCATION
*
House Bill 175, which passed
unanimously by the full House, requires BESE
to promulgate rules to include training in
recognition and prevention of shaken baby
syndrome as part of the training requirements
for early childhood learning center employees.
*
vote of 67-26, prohibits the use of tobacco
products on elementary and secondary school
property.
*
Under present law, local school boards
Page -3-
are prohibited from assigning students to

attend a charter school.
exempts a local public school board in a
district in which 50% or more of the public
schools are charter schools and the district
uses a single application and enrollment
process for public school enrollment. Allows
such a board to assign students to charter
schools based on the preferences of the
parents, the charter school's admission
requirements and contract, and local school
board policies.
HEALTH & WELFARE
*
authorizes the Louisiana Board of Pharmacy
to collect an application fee for a new
marijuana pharmacy permit fee with a
minimum amount of $5,000.
*
vote of 89-0, requires adult residential care
providers to provide educational information
to residents that include:
(1) The risks associated with influenza.
(2) The availability, effectiveness, and known
contraindications of the influenza
immunization.
(3) The causes and symptoms of influenza.
(4) The means by which influenza is spread.
*
passage, requires legislative authorization for
any waiver of Supplemental Nutrition
Assistance Program (SNAP) work
requirements for able-bodied adults without
dependents.
HOUSE & GOVERNMENTAL AFFAIRS
*
adds a member of the Police Jury Association
of Louisiana to the State Board of Election
Supervisors.
*
constitutional amendment pending House

Civil Law, provides that the manner of
appointment for the registrar of voters is as
provided by law and to require the
qualifications of the registrar to be provided
by law.
*
passage, provides that a registrar may appeal
a merit evaluation to the State Board of
Election Supervisors.
*
provides that registrars of voters must
maintain residency and voter registration in
the parish in which they perform their duties
and must have at least one of the following
qualifications when appointed: a baccalaureate
degree and three years of full-time,
professional work experience; nine years of
full-time, professional work experience; or six
years of full-time employment in a registrars
office in La.
*
requires that a parish governing authority
advertise and solicit applications for vacancies
in the Office of Registrar of Voters.
*
provides for the electronic transmission of
voting materials and procedures and
requirements for voting absentee using such
materials.
*
makes revisions to the Louisiana Election
Code.
INSURANCE
*
House 95-0, charges the Department of
Insurances Division of Diversity and
Opportunity to develop programs to address
the needs and concerns of minority and
women producers in the state. The proposed
law provides that all entities authorized or
licensed pursuant to the Louisiana Insurance
Page -4-
Code may be included in the survey of

insurance businesses in order to seek
information regarding policies and practices of
minority hiring and contracting.
*
House 99-0, abolishes the Louisiana
Mandated Health Benefits Commission and
instead provides for a 5-member Louisiana
Mandated Health Benefits Commission.
Additionally, HB312 provides that,
pursuant to federal law, the annual cost of any
mandated benefit in excess of Essential Health
Benefits for Qualified Health Plans shall be a
legal obligation of the state of Louisiana and
shall be defrayed by the state through direct
reimbursement to any health insurance issuer
entitled to such reimbursement pursuant to
such federal law.
*
provides authority for domestic insurers to
invest in certain foreign securities.
JUDICIARY
*
House Bill 633, pending House floor
action, authorizes wine to be shipped in any
size permitted by federal law.
NATURAL RESOURCES
*
adds "blaze pink" as an alternative to hunter
orange. Defines "blaze pink" as a daylight
florescent pink color.
TRANSPORTATION
*
House Bill 100, which passed 97-0, redesignates a portion of US Highway 165 in
Grant Parish as the "Captain Ronald David
Bennett Memorial Highway."
*
passage, provides for multiple hang tags for
multiple vehicles for persons with mobility
impairment.
*
House 98-0, designates a bridge located on LA

Highway 154 in Bossier Parish as the "Officer
Thomas LaValley Memorial Bridge."
*
passage, designates a bridge located on
Louisiana Highway 4 as the "Chief Warrant
Officer Brian Henderson Memorial Bridge."
*
House 94-1, designates the Louisiana
Highway 1138-2 Prien Lake Road and Holly
Hill Road roundabout in Calcasieu Parish as
the "Russell T. Tritico, Sr. Circle."
*
designates portions of certain highways in
Vernon Parish as the "Paul R. Nicholas
Memorial Highway."
*
House 93-0, creates the "United States
Merchant Marine Academy" specialty license
plate.
*
passage, provides that only active
commissioned police officers may apply for
the special prestige license plate for
commissioned police officers and must
provide proof of Peace Officer Standards and
Training certification and an active for two
consecutive years within a law enforcement
agency.
*
provides for the creation of the Krewe of
NYX prestige license plate.
*
passage, creates the "In God We Trust" special
prestige license plate for motorcycles.
*
House 96-0, designates a portion of Louisiana
Highway 3063 in Calcasieu Parish as the
"First Responders Memorial Highway."
*
House 97-0, provides relative to military
honor license plates for "Bronze Star Medal"
recipients.
Page -5-
*
vote of 93-0, provides for the designation of
a portion of Louisiana Highway 82 in
Cameron Parish as the "Terry Cox Memorial
Highway."
*
provides relative to the special college and
university license plates.
*
House 96-0, designates a portion of Louisiana
Highway 86 from La. Highway 344 to La.
Highway 320 in Iberia Parish as the "Albert
'Al' Broussard Memorial Highway."
*
vote of 95-0, revises route designations for
certain byways.
and withholdings of employee wages to

January 31 of each year.
*
passage, moves the capital expenditure benefit
authorization within the Quality Jobs Program
statutes so that it is no longer linked to the
Enterprise Zone statute.
*
passage, moves the capital expenditure benefit
authorization within the Competitive Projects
Payroll Incentive Program statutes so that it is
no longer linked to the Enterprise Zone
statute.
WAYS & MEANS

*
passage, provides a grace period to pay taxes
and fees related to motor vehicles for persons
separating from active duty military service.
*
constitutional amendment pending House
Civil Law, exempts widows of military
personnel killed in the line of duty and
widows of state police officers and members
of the Louisiana National Guard killed while
performing their duties as an enforcement or
fire protection officer from payment of any ad
valorem taxes on their personal property.
*
passage, moves the filing and payment dates
for corporate filers back one month to May 15
or the 15th day of the fifth month following
the filers fiscal year. For partnerships, the
filing dates are established as April 15th or the
15th day of the fourth month following the
filers fiscal year.
*
passage, changes the deadline for the
submission of annual reports to the
Department of Revenue regarding deductions
Page -6-

2016 House Notes Regular Session Week 3

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HOUSE NOTES

Louisiana House of Representatives

The House had a busy third week of

99-0, redesignates some language in the

provides for the enforcement of certain private

vote of 95-0, removes the termination date of

House 87-13, provides for credit for time

are prohibited from assigning students to

constitutional amendment pending House

Code may be included in the survey of

House 98-0, designates a bridge located on LA

and withholdings of employee wages to

WAYS & MEANS

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