HOUSE NOTES

Louisiana House of Representatives

Communications Office
2016 Regular Legislative Session
Week Six, April 22, 2016

At the end of the sixth week of the

2016 Regular Legislative Session, 1,129
House Bills and 617 Senate bills had been
introduced.
Four hundred seventy-two House bills
have passed the House.
A brief description of some of the bills
that generated public interest this week
follows.
CIVIL LAW
*
House Bill 505, a proposed
constitutional amendment that passed the
House 95-0, establishes a total ad valorem
property tax exemption for the surviving
spouse of a member of the armed forces of the
Unites States, the Louisiana National Guard,
the Louisiana State Police, or a law
enforcement or fire protection officer killed in
the line of duty.
*
House Bill 597, the Pastor Protection
Act, which passed the House 80-18, provides
that a legally recognized church or faith under
state or federal tax law or regulation, or a
religious organization that meets the
qualifications of the United States Internal
Revenue Code, a member of the clergy of a
recognized church, faith, or religious
organization, or an individual employed by a
legally recognized church, faith, or religious
organization, acting in the scope of that
employment, may not be required by the state
to solemnize a marriage, nor provide access to
facilities, services, accommodations, goods, or

privileges of the church, faith, or religious

organization for a purpose related to the
solemnization, formation, or celebration of
any marriage, if the actions would be contrary
to church doctrine and practice or in violation
of the religious beliefs and principles of the
clergy, church or religious organization.
*
House Bill 709, notice given subject
to call - House final passage, authorizes the
insurance commissioner to appoint up to six
employees of the Department of Insurance as
ex officio notaries.
These ex officio notaries public may
exercise the functions of a notary public only
to administer oaths and receive sworn
statements and shall be limited to matters
within the Department of Insurance.
Additionally, HB709 provides that all
acts performed by an ex officio notary public
shall be performed without charge or other
compensation.
COMMERCE
*
House Bill 559, subject to call - House
final passage, prohibits the use of certain
aftermarket, non-original equipment
manufacturer's (OEM) safety parts (airbags or
braking systems) unless non-OEM parts are
the only parts commercially available.
HB559 also requires, when OEM
aftermarket safety parts are not commercially
available, before beginning repairs, the repair
facility or installer must disclose in writing to
the claimant each part that is unavailable and

the fact that the estimate was prepared based

on the use of safety parts supplied by a source
other than the manufacturer of the claimant's
vehicle.
*
House Bill 589, pending House final
passage, exempts any person engaged in the
business of renting or selling new or used
trolling motors from certain licensing
requirements.
*
House Bill 678, which passed the
House 97-0, increases the 911 fee from 2% to
4% of prepaid wireless services and includes
any voice, text, video, image, data or other
means of connecting the user to 911 on a
prepaid basis.
Additionally, HB678 includes any
consumer devices that provide 911 access.
*
House Bill 1133, pending House final
passage, authorizes the state fire marshal to
increase fees for the regulation of amusement
devices, amusement attractions and
amusement rides.
CRIMINAL JUSTICE
*
House Bill 92, which passed the House
92-0, repeals warrant recall fees which are
collected to fund a misdemeanor detention
facility in East Baton Rouge Parish (EBRP).
HB92 was amended to provide that
one-third of the funds already collected shall
be deposited to the Misdemeanor Detention
Fund by each court, one-third shall be
transferred the EBRP Public Defender's Office
and one-third shall be transferred to the EBRP
District Attorney's Office.
*
House Bill 142, which passed 95-0,
provides that a person who has obtained an
expungement for a felony conviction if 10
years have elapsed since the completion of the
resident's probation, parole, or suspended
sentence, or has been pardoned by the
governor, shall not be considered ineligible to
obtain a concealed handgun permit unless the

pardon expressly prohibits the person from

shipping, transporting, possessing, or
receiving firearms.
*
House Bill 440, subject to call pending House final passage, provides parole
eligibility for offenders convicted of crimes of
violence upon serving 75% of the sentence
imposed and creates the Program to Reduce
Recidivism Fund to defray operational
expenses of probation and parole and reentry
initiatives.
*
House Bill 546, which passed the
House 92-3, creates the crime of homestead
exemption fraud and provides criminal
penalties that requires imprisonment for up to
6 months or a maximum fine of $500, or both.
*
House Bill 844, which passed the
House 91-0, provides that if a person whose
driver's license has been suspended or revoked
files a petition for review, the person shall
serve the Department of Public Safety and
Corrections with a copy of the petition and
summons. Upon receipt of a copy of the
petition for review, the department shall issue
the licensee driving privileges, which shall be
valid until the decision on the petition for
review is final.
*
House Bill 953, pending House final
passage, includes firefighters and law
enforcement officers in the definition in
present law as victims of hate crimes when
they are selected based on their actual or
perceived status as a law enforcement officer
or firefighter.
EDUCATION
*
House Bill 361, pending House final
passage, provides penalties for persons
operating early learning centers without a
valid license.
*
House Bill 365, a proposed
constitutional amendment pending Civil Law
and Procedure and 374, subject to call - House

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floor, require qualifications provided for in

law for members of the post-secondary
education management boards and the Board
of Regents.
*
House Bill 402, pending House final
passage, allows the Department of Education
and the Department of Health and Hospitals to
survey high school students anonymously
about their risk behavior associated with
chronic health conditions and sexual risks.
*
House Bill 439, pending House final
passage, authorizes public higher education
management boards to increase tuition by an
amount of not more than 10% in any one year
and not more than 20% cumulatively in a
four-year period and further:
1) Provides authority to each management
board to impose proportional amounts for
part-time students and for summer sessions;
2) Requires each board to establish criteria for
waiving the tuition and fees authorized in
proposed law in cases of financial hardship;
3) Prohibits requiring any recipient of a TOPS
award to pay any tuition increase authorized
by proposed law for any semester or term for
which he receives such an award.
*
House Bill 586, pending House final
passage, authorizes each public higher ed
management board to impose a one-time
increase in tuition and mandatory attendance
fees at an institution under its management
and limits the increase to an amount not to
exceed the average amount of annual tuition
and mandatory fees for Southern Regional
Education Board peer institutions.
The proposed law authorizes the
increase to remain in effect but prohibits
subsequent increases.
*
House Bill 881, which passed the
House 95-0, requires each public postsecondary education management board
annually to report to the Joint Legislative
Committee on the Budget and publish on its

website specified information relative to

research projects and grants.
*
House Bill 906, which passed the
House 96-0, requires each public postsecondary education institution to designate a
homeless and foster student liaison within its
financial aid office who is responsible for
applying the provisions of the federal Higher
Education Act pertaining to these youth and
for assisting such students in applying for
financial aid and other assistance. HB906 also
authorizes each public post-secondary
education institution to grant resident status to
a student who resides in Louisiana and is 19
or younger at the time of enrollment,
regardless of how long he has resided in the
state, if he is determined to have been
homeless at any time during the two years
immediately preceding enrollment. HB906
additionally authorizes each institution that
offers student housing to develop a plan to
provide that current and former homeless and
foster youth have access to housing resources
during and between academic terms.
*
Senate Bill 174, reported from the
Legislative Bureau, provides that amounts for
all TOPS awards shall not increase beyond the
amount awarded in the 2016-17 academic
year.
Additionally, SB174 retains the
requirement in present law that a student have
a minimum ACT score equal to or greater than
the state average, but never less than 20, but
specifies that the state average be truncated to
a whole number instead of being rounded to
the nearest whole number.
*
Senate Bill 432, which passed the full
Senate 36-0, would transfer all schools in New
Orleans under the Recovery School District
back to the Orleans Parish School Board no
later than July 1, 2018.

Page -3-

HEALTH & WELFARE

*
House Bill 496, pending House final
passage, provides for the practice of
acupuncturists.
*
House Bill 557, pending House final
passage, provides for the licensing of
acupuncturists.
*
House Bill 606, pending House final
passage, prohibits entities that perform
abortions from receiving public funding.
*
House Bill 815, pending House final
passage, prohibits post-abortion harvesting of
fetal remains.
*
House Bill 1081, the Unborn Child
Protection from Dismemberment Abortion
Act, pending House final passage, defines and
prohibits dismemberment abortions.
*
Senate Bill 271, which passed the
Senate 21-16, expands the conditions that can
be treated with medical marijuana to
debilitating medical conditions, meaning
cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune
deficiency syndrome, cachexia or wasting
syndrome, seizure disorders, epilepsy, severe
muscle spasms, including those characteristic
of Crohns disease or multiple sclerosis.
SB271 additionally provides for rule
changes, reclassification, licensing and
authority conditions.
HOUSE & GOVERNMENTAL
*
House Bill 266, pending House final
passage, prohibits questions on job
applications that ask if the applicant has a
criminal record.
*
House Bill 270, which passed the
House 97-0, provides that if a vacancy occurs
in the office of an elected member of the
Board of Elementary and Secondary
Education and the remaining portion of the
term is more than one year, the special
election to fill the vacancy shall be ordered

and held in accordance with the applicable

provisions of the Louisiana Election Code.
*
House Bill 896, which passed the
House 94-0, provides that the clerical officers
of the legislature may utilize the electronic
system designed for interim emergency fund
ballots in lieu of mail for the transmission of
other ballots, petitions and documentation to
members.
JUDICIARY
*
House Bill 151, pending House floor
action, prohibits the creation of sanctuary
cities.
*
House Bill 453, pending House floor
action, provides for the cooperation of local
governing authorities and law enforcement
agencies in the enforcement of federal
immigration laws and provides for remedies
for failure to do so.
*
House Bill 988, pending House floor
action, provides that "activated military
personnel" also includes veterans of the
United States Army, Navy, Air Force, Marine
Corps, or Coast Guard.
NATURAL RESOURCES
*
House Bill 464, pending House final
passage, provides for increased pipeline safety
inspection fees.
HB464 changes the pipeline inspection
fee to $1 per service mile, but retains the $400
per pipeline facility and or whichever is
greater provision. The proposed law
additionally provides that the annual safety
inspection fee is not to exceed $44.80 per mile
of pipeline used in a jurisdictional gas pipeline
system, $800 per pipeline facility, or
whichever is greater.
The proposed law changes the annual
inspection fee on hazardous liquid pipelines
from "not to exceed $22.40 per mile of
pipeline or $400 per pipeline facility, or

Page -4-

whichever is greater" in present law, to not to

exceed $44.80 per mile or $800 per pipeline
facility, or whichever is greater.
*
House Bill 900, pending House final
passage, authorizes increases on ground
water, air, hazardous waste, solid waste,
water, underground storage tanks, and
radiation fees collected by the Department of
Environmental Quality.
TRANSPORTATION
*
House Bill 245, pending House final
passage, authorizes the Office of Motor
Vehicles to enter into installment agreements
with motorists with lapsed auto insurance to
pay outstanding fees, penalties, and fines
owed to the Office of Motor Vehicles.
*
House Bill 233, which became
substitute House Bill 1143 pending House
final passage, provides for the regulation of
autonomous vehicles driven on the state's
highways.
*
House Bill 337, notice given subject to
call - House final passage, restricts the
requirement of wearing safety helmets to
motorcycle operators and riders under 21
years of age.
*
House Bill 774, pending House final
passage, establishes a decal program and
annual fee for electric vehicles.
*
House Bill 1010, pending House final
passage, authorizes a decrease of the annual
royalty fee for the "Lung Cancer Alliance"
special prestige license plate from $50 to $25.
*
House Bill 1138, which passed by a
vote of 57-25, provides for the issue and
requirement of a Class "E" temporary
instructional permit for driver's education
students.

expense allowance for the assessors in

Assumption, Iberville, and Pointe Coupee
parishes not to exceed 15% of the assessor's
salary to be paid from existing funds of the
assessor's office.
*
House Bill 608, pending House final
passage, increases the assessment fee for
public service properties from 0.01 percent to
0.1 percent of the assessed value.
*
House Bill 610, pending House final
passage, prohibits the value of certain federal
tax credits and special financing provisions to
be included in determining the fair market
value of certain property for tax assessment
purposes.

WAYS & MEANS

*
House Bill 206, which passed the
House 57-34, authorizes an automobile
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