2016 house notes regular session week 10

7/25/2019 2016 House Notes Regular Session Week 10

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H o u se N o t esLo u i sian a H o use o f Repr esen t at i v es2016 Reg u l ar Leg i sl at i ve Sessi o n

Co mmu n i c at i o n s Of f i c eWeek Ten , M ay 20, 2016

Upon adjournment of the 41st day of

the 2016 Regular Legislative Session, 1,294House bills and 732 Senate bills had been

introduced.

The House has passed 787 House bills.

Two hundred sixty-one bills have been

sent to the governor, and he has signed 89.

A brief description of some of the bills

that have generated public interest this week

follows.

APPROPRIATIONS

* House Concurrent Resolution 3, pending House final passage, establishes the

expenditure limit for FY 2016-17 from

$14,188,108,716 to $12,688,108,716; a

reduction of 10.6% or $1.5 billion.

* House Bill 257, pending House final

passage, provides an additional exception to

the limitations on deposits to the Budget

Stabilization Fund, namely, revenue

collections in excess of the expenditure limit.


passage, establishes the Louisiana fiscal

transparency website named "Louisiana

Checkbook" within the Office of the State

Treasurer as a source of information for state

expenditures.

* House Bill 696, which passed 86-4, is

the statutory companion legislation to

proposed constitutional amendment House

Bill 603, which establishes the RevenueStabilization Trust Fund.

The intent of the legislation is to

provide that all existing dedications of mineral

revenue, statutory and constitutional, be

satisfied before allocating mineral revenue to

the new Revenue Stabilization Trust Fund, in

addition to providing priority allocations of

mineral revenue to the Unfunded Accrued

Liabilities of the retirement systems of

teachers and state employees.

The balance would be deposited to theFund. A maximum of 10% of the Fund

balance may be appropriated in any year in

which the balance of the Fund exceeds $5

billion at the beginning of the year. These

appropriations are limited to comprehensive

state capital budget projects and transportation

infrastructure. The minimum fund balance or

the allowable percentage may be changed by

a three-quarter vote of the Legislature, as can

appropriations from the Fund at any time for

any purpose.


passage, establishes notification and reporting

requirements relative to retail sales and

requires the online retail dealer with gross

receipts greater than $50,000 to send to the

purchaser at the end of the year the purchase

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amounts for the purpose of paying the

Louisiana sales tax on the individual's income

tax return.

COMMERCE

* House Concurrent Resolution 37, pending Senate floor action, provides for the

promotion of trade between Louisiana and

Cuba.

CRIMINAL JUSTICE

* Senate Bill 16, which passed the

House 87-0, adds a new category of death

benefits to survivors of law enforcement

officers who are killed in line of duty as a

result of an “intentional violent act.”

* Senate Bill 24, reported favorably byHouse Criminal Justice, provides for parole

eligibility under certain conditions for an

incarcerated person having served fifteen

years in custody.

* Senate Bill 70, which has completed

the legislative process, prohibits sex offenders

from soliciting business door to door.

* Senate Bill 90, which has completed

the legislative process, expands the crime of

human trafficking to provide that it shall also

be unlawful for any person to knowinglyrecruit, harbor, transport, provide, solicit, sell,

purchase, receive, isolate, entice, obtain, or

maintain the use of a person under the age of

21years for the purpose of engaging in

commercial sexual activity regardless of

whether the person was recruited, harbored,

transported, provided, solicited, sold,

purchased, received, isolated, enticed,

obtained, or maintained through fraud, force,

or coercion.

* Senate Bill 326, which passed

unanimously in the House, requires the

Department of Children and Family Services

to submit a report annually to the Legislature

that provides certain child-specific

information regarding reports of child abuse

or neglect reported to the department.

SB326 is named the Alfred C.

Williams Child Protection Act in honor of

former state Rep. Alfred Williams who served

in the Legislature for House District 61 untilhis death in August 2015.

EDUCATION

* House Bill 165, which passed the

House 66-19, provides to sick leave for

teachers, school bus drivers and other public

school employees who are disabled while

assisting students to prevent danger or injury.


passage, requires students in grades four

through six to daily recite the following passage:

"We hold these truths to be

self-evident, that all men are created equal,

that they are endowed by their Creator with

certain unalienable Rights, that among these

are Life, Liberty, and the pursuit of Happiness.

That to secure these rights, Governments are

instituted among Men, deriving their just

powers from the consent of the governed."

* House Bill 1159, notice given subject

to call - House final passage, creates theCommission on Safe Supportive Discipline to

study and implement best practices for

addressing student behavior.

HB1159 additionally provides for

membership and annual reports to the House

and Senate Committees on Education.


to call - House final passage, provides for

procedures relative to corporations that

support the Louisiana Community and

Technical College System, including soliciting

and evaluating contractor proposals, and

providing for public records, monitoring and

status reports on corporate capital projects.

* Senate Bill 317, reported from the

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Legislative Bureau, creates the Advisory

Council on Student Behavior and Discipline

to provide advice and guidance to the State

Board of Elementary and Secondary

Education and the state Department of

Education and provides for the use of seclusion and physical restraint to address the

discipline of students with exceptionalities in

schools systems that have complied with the

prescribed reporting requirements.

HEALTH AND WELFARE

* House Concurrent Resolution 93,

pending Senate Health and Welfare, requests

a study of a prospective program to limit uses

of SNAP benefits by Medicaid enrollees with

certain health conditions.* House Concurrent Resolution 94,

pending Senate Health and Welfare, extends

the Task Force on Youth Aging Out of Foster

Care.


pending Senate Health and Welfare,

authorizes and directs the Department of

Children and Family Services to convene a

consortium of emergency care facilities

designated in the Safe Haven Law and to

create and maintain a registry of suchfacilities.


pending House concurrence, requests the

Department of Wildlife and Fisheries and the

Department of Natural Resources to study

water use from natural and scenic rivers.


pending House final passage, requests a study

of appropriate mental health and behavioral

health treatment systems in the capital region.


which passed the Senate, urges and requests

the Office of Conservation to study the effects

of ground water withdrawals from the

Southern Hills Aquifer System.

* House Bill 792, pending Senate Health

and Welfare, provides for the licensure and

regulation of massage therapists.


to call - House final passage, increases license

fees assessed by the Department of Health andHospitals on healthcare facilities and

providers and establishes additional bed fees

for certain licensed facilities.

* Senate Bill 107, which passed 85-0,

changes the name of the Department of Health

and Hospitals to the Louisiana Department of

Health.

* Senate Bill 473, pending House final

passage, establishes the Louisiana Health

Insurance Premium Payment Program within

the Medicaid program to assist with employer sponsored insurance coverage.

SB473 additionally provides rule

making authority for the Department of Health

and Hospitals and provides for an annual

report by January 15 each year to include the

total number of enrollees, the total premiums

paid and a formula to determine cost benefit

of utilizing this program.

HOUSE AND GOVERNMENTAL

* House Concurrent Resolution 88,which has completed the legislative process,

requests parish governing authorities to work

with higher education institutions to establish

on-campus polling places.


which has completed the legislative process,

requests the Metro Council of East Baton

Rouge Parish to work with LSU to consolidate

polling places on campus to one central on-

campus location.

* Senate Bill 398, reported from the

Legislative Bureau, exempts video or audio

recordings generated by law enforcement

body-worn cameras from the Public Records

Law.

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* House Bill 987, which passed 85-1,

authorizes a qui tam action for persons who

disclose cases of fraud.

This legislation creates the State

Government Integrity Act, which prohibits

false or fraudulent claims for or false or misleading statements in relation to obtaining

funds, property, use of property, or other

compensation from state government and

authorizes civil actions by the attorney general

or by persons to seek recovery from persons

who violate the provisions of the proposed

law.

JUDICIARY

* Senate Bill 468, which passed 96-0,

prohibits strip clubs from employing personsunder 21.

MUNICIPAL

* House Bill 1066, which passed 87-0,

author izes pol i t ical subdivis ions ,

governmental entities, or state agencies to

purchase items through an existing public

contract of another political subdivision.


to call - House final passage, authorizes the

governing authority of East Baton RougeParish to provide for tax increment financing

to fund economic development in the parish.

* Senate Bill 412, pending Legislative

Bureau, provides for special districts within

certain cities and provides for tax increment

finance authority.

NATURAL RESOURCES

* Senate Bill 257, reported favorably,

provides that monies deposited into the loan

program known as the Motor Fuels

Underground Storage Tank Trust Fund may be

used for other purposes aside from the closure

of abandoned underground storage tanks.

SB257 makes the use of the money

received from payments that are the result of

cost recovery efforts discretionary.

Additionally SB257 provides that the

monies may be used for loans associated with

the operation of underground storage tanks

which could include replacing old tanks inrural areas or installation of tanks for new fuel

types.

TRANSPORTATION

* House Bill 1058, which passed 89-0, a

two-thirds vote, creates annual special permits

issued by the Department of Transportation

and Development for the operation of ready-

mix concrete trucks on state-maintained

highways and frontage roads.

* Senate Bill 91, pending House final passage, increases penalties for text messaging

and social networking, while driving, to $500

for a first violation and $1,000 for each

subsequent violation.

Minors face a fine of $250 for a first

violation and for each subsequent violation, a

fine of $500 and a 60-day drivers license

suspension.

For a text messaging and social

networking violation in a school zone, the

offender will be fined $500 and for eachsubsequent violation, a fine of $1,000

including a 60-day drivers license suspension.

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