SENATE CONCURRENT RESOLUTION NO. 15— OF THE SENATE

SENATE OF THE
STATE OF LOUISIANA _______
FORTIETH DAY'S PROCEEDINGS _______
Forty-Second Regular Session of the Legislature Under the Adoption of the
Constitution of 1974 _______
Tuesday, May 24, 2016
The Senate was called to order at 3:10 o'clock P.M. by Hon. John A. Alario Jr., President of the Senate.
Morning Hour
CONVENING ROLL CALL
The roll being called, the following members answered to their names: PRESENT
Mr. President Fannin Perry Allain Gatti Peterson Appel Hewitt Riser Barrow Johns Smith, G. Bishop Lambert Smith, J. Boudreaux Long Thompson Brown Milkovich Walsworth Carter Mills Ward Chabert Mizell White Colomb Morrish Cortez Peacock Total - 31
ABSENT
Claitor LaFleur Morrell Donahue Luneau Tarver Erdey Martiny Total - 8
The President of the Senate announced there were 31 Senators present and a quorum.
Prayer
The prayer was offered by Reverend Bill Nash, following which the Senate joined in the Pledge of Allegiance to the flag of the United States of America.
Reading of the Journal
On motion of Senator Gatti, the reading of the Journal was dispensed with and the Journal of May 23, 2016, was adopted.
Message from the House
May 24, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House of Representatives has finally concurred in the following Senate Concurrent Resolutions:
SENATE CONCURRENT RESOLUTION NO. 15— BY SENATORS CLAITOR, ALARIO, ALLAIN, APPEL, BARROW, BISHOP, BOUDREAUX, BROWN, CARTER, CHABERT, COLOMB, CORTEZ, ERDEY, FANNIN, GATTI, HEWITT, JOHNS, LAFLEUR, LAMBERT, LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL, MORRELL, MORRISH, PEACOCK, PERRY, PETERSON, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON, WALSWORTH, WARD AND WHITE
A CONCURRENT RESOLUTION To adopt Joint Rule No. 19.1 of the Joint Rules of Order of the
Senate and House of Representatives to provide relative to conference committee reports of certain legislative instruments; to require a digest of each conference committee report; to provide for the information to be contained in the digest and to provide for the time period and manner in which such reports shall be received before consideration.
Reported with amendments.
SENATE CONCURRENT RESOLUTION NO. 75— BY SENATOR CHABERT
A CONCURRENT RESOLUTION To urge and request the Judicial Council of the Supreme Court of
Louisiana to study and make recommendations prior to the 2017 Regular Session regarding the election sections for the Thirty- Second Judicial District Court, specifically focusing on the needs of the judicial district in terms of the necessity of the creation of a new election section with a majority of minority electors or changes to an existing election section to have a majority of minority electors.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 4— BY SENATOR BARROW
A CONCURRENT RESOLUTION To continue and provide with respect to the task force to study health
services delivery and financing in the Baton Rouge region created by House Concurrent Resolution No. 129 of the 2015 Regular Session of the Legislature.
SENATE CONCURRENT RESOLUTION NO. 37— BY SENATOR BROWN
A CONCURRENT RESOLUTION To establish the Bridge Lighting Task Force to study and make
recommendations relative to the installation and maintenance of lighting on the Sunshine Bridge and the Veteran's Memorial Bridge near the town of Gramercy, Louisiana; to provide for the membership of the task force; and to require the task force to make recommendations relative to funding mechanisms for installation, energy costs, and maintenance of bridge lighting.
A CONCURRENT RESOLUTION To create the State Capitol Accessibility Advisory Commission to
study and make recommendations to the legislature for a strategic outlook to make sure the Americans with Disabilities Act of 1990, is sufficiently implemented with respect to the state capitol building and surrounding infrastructure.
Clerk of the House of Representatives
DISAGREEMENT TO HOUSE BILL
I am directed to inform your honorable body that the House of Representatives has refused to concur in the proposed Senate Amendment(s) to House Bill No. 340 by Representative Stokes, and
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ask the President to appoint on the part of the Senate a committee to confer with a like committee from the House on the disagreement.
Respectfully submitted, ALFRED W. SPEER
DISAGREEMENT TO HOUSE BILL
I am directed to inform your honorable body that the House of Representatives has refused to concur in the proposed Senate Amendment(s) to House Bill No. 795 by Representative Stokes, and ask the President to appoint on the part of the Senate a committee to confer with a like committee from the House on the disagreement.
Introduction of Senate Resolutions
Senator Walsworth asked for and obtained a suspension of the rules to read Senate Resolutions a first and second time.
SENATE RESOLUTION NO. 153— BY SENATOR WALSWORTH
A RESOLUTION To recognize May 24, 2016, as Louisiana Athletic Trainers
Association Day at the Louisiana State Capitol.
On motion of Senator Walsworth the resolution was read by title and adopted.
SENATE RESOLUTION NO. 154— BY SENATOR BROWN
A RESOLUTION To designate Wednesday, May 25, 2016, as Nelson Chapel A.M.E.
Church Day in the Louisiana Senate.
On motion of Senator Brown the resolution was read by title and adopted.
Introduction of Senate Concurrent Resolutions
SENATE CONCURRENT RESOLUTION NO. 129— BY SENATOR LONG
A CONCURRENT RESOLUTION To commend and congratulate Jim Hawthorne for receiving the 2016
Distinguished Service Award in Sports Journalism and on being named to the 2016 Louisiana Sports Hall of Fame Induction Class.
The resolution was read by title and placed on the Calendar for a second reading.
SENATE CONCURRENT RESOLUTION NO. 130— BY SENATOR LONG
A CONCURRENT RESOLUTION To commend Dr. Julian Bailes Jr. on receiving the 2016 Dave Dixon
Louisiana Sports Leadership Award and being named to the 2016 Louisiana Sports Hall of Fame Induction Class.
Senate Resolutions on Second Reading
SENATE RESOLUTION NO. 141— BY SENATOR CARTER
A RESOLUTION To urge and request the Department of Public Safety and
Corrections, public safety services, to study and make recommendations relative to fees and payment methods available to students for driver education courses.
On motion of Senator Carter the resolution was read by title and adopted.
SENATE RESOLUTION NO. 142— BY SENATOR CARTER
A RESOLUTION To urge and request the Louisiana State Law Institute to study and
make recommendations regarding the feasibility of revisions to present laws to require physical custody of children to be shared equally.
The resolution was read by title and referred by the President to the Committee on Judiciary A.
SENATE RESOLUTION NO. 143— BY SENATOR MORRELL
A RESOLUTION To urge and request the Marriage-Persons Committee of the
Louisiana State Law Institute to study, and the Louisiana State Law Institute to make, annual comprehensive and ongoing recommendations to the Legislature regarding state law post Obergefell v. Hodges, including but not limited to recommendations in the form of proposed legislation for revisions to laws governing families, persons, community property, successions, immovable property, the rights of third parties, procedure, and the stability and validity of transactions.
The resolution was read by title and referred by the President to the Committee on Judiciary A.
SENATE RESOLUTION NO. 144— BY SENATOR GARY SMITH
A RESOLUTION To urge and request the Louisiana State Police to study the feasibility
of regulating ignition interlock device companies.
The resolution was read by title and referred by the President to the Committee on Transportation, Highways and Public Works.
SENATE RESOLUTION NO. 151— BY SENATOR GATTI
A RESOLUTION To commend the Benton High School of Benton, Louisiana golf team
on winning its fifth consecutive Division II state championship.
On motion of Senator Gatti the resolution was read by title and adopted.
Senate Concurrent Resolutions on Second Reading
SENATE CONCURRENT RESOLUTION NO. 125— BY SENATOR MORRELL
A CONCURRENT RESOLUTION To urge and request the Department of Economic Development to
notify the Legislature when a tax incentive certification of one million dollars or more is granted under any Department of Economic Development managed tax incentive program.
The resolution was read by title and referred by the President to the Committee on Revenue and Fiscal Affairs.
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SENATE CONCURRENT RESOLUTION NO. 127— BY SENATOR COLOMB
A CONCURRENT RESOLUTION To request the Senate Committee on Senate and Governmental
Affairs and the House Committee on House and Governmental Affairs to meet and function as a joint committee to study the feasibility of conducting committee hearings, briefings, conferences, interim committee meetings, or chamber sessions by video teleconferencing and to study the feasibility of allowing a member to cast a record vote in absentia when a member cannot attend a committee hearing, briefings, conferences, interim committee meetings, or chamber sessions due to disability, illness, or injury.
The resolution was read by title and referred by the President to the Committee on Senate and Governmental Affairs.
SENATE CONCURRENT RESOLUTION NO. 128— BY SENATOR ALARIO
A CONCURRENT RESOLUTION To express the sincere and heartfelt condolences of the Legislature of
Louisiana upon the passing of a beloved gentleman and mainstay in Louisiana politics, the Honorable Robert L. "Bobby" Freeman, and to celebrate the legacy of public service he leaves to his community, state, and nation.
The concurrent resolution was read by title. Senator Peacock moved to adopt the Senate Concurrent Resolution.
ROLL CALL
YEAS
Mr. President Fannin Perry Allain Gatti Peterson Appel Hewitt Riser Barrow Johns Smith, G. Bishop Lambert Smith, J. Boudreaux Long Tarver Brown Martiny Thompson Carter Milkovich Walsworth Chabert Mills Ward Colomb Mizell White Cortez Morrish Erdey Peacock Total - 34
NAYS
Claitor LaFleur Morrell Donahue Luneau Total - 5
The Chair declared the Senate adopted the Senate Concurrent Resolution and ordered it sent to the House.
May 23, 2016
I am directed to inform your honorable body that the House of Representatives has finally passed and asks your concurrence in the following House Bills and Joint Resolutions:
HB No. 722 HB No. 887 HB No. 1099
House Bills and Joint Resolutions on First Reading
HOUSE BILL NO. 722— BY REPRESENTATIVE MORENO
AN ACT To enact R.S. 47:306.4, relative to online hotel sales; to provide for
registration of certain dealers using online forums to transact business; to require allocation of existing resources for implementation; to provide for effectiveness; and to provide for related matters.
The bill was read by title and placed on the Calendar for a second reading.
HOUSE BILL NO. 887— BY REPRESENTATIVES STEVE CARTER, CARMODY, DAVIS, EDMONDS, FALCONER, FOIL, GISCLAIR, GLOVER, GUINN, HILFERTY, JAMES, LOPINTO, MACK, MARCELLE, PRICE, RICHARD, SCHRODER, SMITH, STOKES, TALBOT, THIBAUT, AND ZERINGUE
AN ACT To enact Part II-D of Chapter 8 of Title 17 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 17:1971 through 1976, and R.S. 36:651(D)(9), to create a residential school for certain at-risk students; to provide for a board of directors and a school director; to provide for the powers, duties, and responsibilities of such board and director; to provide for board membership, terms, and compensation; to provide for funding; to provide for definitions; to provide for legislative intent; to provide for effectiveness; and to provide for related matters.
HOUSE BILL NO. 1099— BY REPRESENTATIVE THIBAUT
AN ACT To enact R.S. 40:1046(J)(9), relative to license fees to produce
marijuana for therapeutic use; to establish fees to be assessed by the Department of Agriculture and Forestry for the license to produce marijuana for therapeutic use; to provide for collection and disbursement of the fees; and to provide for related matters.
May 23, 2016
I am directed to inform your honorable body that the House of Representatives has finally passed and asks your concurrence in the following House Concurrent Resolutions:
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HCR No. 102 HCR No. 108
House Concurrent Resolutions on First Reading
HOUSE CONCURRENT RESOLUTION NO. 102— BY REPRESENTATIVE LEGER
A CONCURRENT RESOLUTION To create the Louisiana Juvenile Detention Alternatives Initiative
Statewide Leadership Collaborative to oversee the process of implementing the core principles and strategies of the Juvenile Detention Alternatives Initiative (JDAI) statewide to improve public safety and long-term outcomes for youth in Louisiana by safely eliminating the unnecessary or inappropriate use of detention, redirecting public funds to effective youth development endeavors, and identifying and reducing racial and ethnic disparities.
HOUSE CONCURRENT RESOLUTION NO. 108— BY REPRESENTATIVE HOFFMANN
A CONCURRENT RESOLUTION To authorize and request the Department of Health and Hospitals to
create a Medicaid transformation plan, and to convene a task force to advise the department in the development of the plan.
House Bills and Joint Resolutions on Second Reading
HOUSE BILL NO. 257— BY REPRESENTATIVE IVEY
AN ACT To amend and reenact R.S. 39:94(C)(4)(b), relative to the Budget
Stabilization Fund; to except deposits in excess of the expenditure limit from the suspension of required deposits into the Budget Stabilization Fund; to provide for an effective date; and to provide for related matters.
The bill was read by title and referred by the President to the Committee on Finance.
HOUSE BILL NO. 529— BY REPRESENTATIVE DANAHAY
AN ACT To amend and reenact R.S. 18:1354(C), relative to the compensation
of certain employees of parish custodians of voting machines; to increase the compensation amount paid to deputies of such custodians; and to provide for related matters.
The bill was read by title and referred by the President to the Committee on Senate and Governmental Affairs.
HOUSE BILL NO. 965— BY REPRESENTATIVE ROBERT JOHNSON
AN ACT To amend and reenact R.S. 42:1124.3(C)(1), relative to financial
disclosure; to change certain disclosure requirements regarding business income from the state or political subdivisions; to require certain specified information regarding contracts with certain businesses and the state or political subdivisions; and to provide for related matters.
The bill was read by title and referred by the President to the Committee on Senate and Governmental Affairs.
House Concurrent Resolutions on Second Reading
HOUSE CONCURRENT RESOLUTION NO. 3— BY REPRESENTATIVE IVEY
A CONCURRENT RESOLUTION To direct the commissioner of administration to change the
expenditure limit for Fiscal Year 2016-2017.
The resolution was read by title and referred by the President to the Committee on Finance.
HOUSE CONCURRENT RESOLUTION NO. 105— BY REPRESENTATIVE HAVARD
A CONCURRENT RESOLUTION To create the Special Permit Task Force to study and make
recommendations regarding special permits issued by the Department of Transportation and Development for oversize and overweight truck movement on state highways.
The resolution was read by title and referred by the President to the Committee on Transportation, Highways and Public Works.
HOUSE CONCURRENT RESOLUTION NO. 112— BY REPRESENTATIVE CARPENTER
A CONCURRENT RESOLUTION To urge and request the Capital Area Human Services District to
conduct a study of systems for providing appropriate mental health and behavioral health treatment in the capital region as an alternative to hospitalization or detention in jails or other correctional facilities of persons in mental health or behavioral health crisis, and to report findings of the study to the Capital Region Legislative Delegation and the legislative committees on health and welfare.
The resolution was read by title and referred by the President to the Committee on Health and Welfare.
HOUSE CONCURRENT RESOLUTION NO. 138— BY REPRESENTATIVE BAGLEY
A CONCURRENT RESOLUTION To commend Logansport, Louisiana, and the Logansport Lions Club
for their Christmas fundraiser and Christmas Pageant Tour.
The resolution was read by title. Senator Milkovich moved to concur in the House Concurrent Resolution.
ROLL CALL
YEAS
Mr. President Erdey Morrish Allain Fannin Peacock Appel Gatti Perry Barrow Hewitt Peterson Bishop Johns Riser Boudreaux Lambert Smith, G. Brown Long Smith, J. Carter Martiny Tarver Chabert Milkovich Thompson Claitor Mills Walsworth Colomb Mizell Ward Cortez Morrell White Total - 36
NAYS
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The Chair declared the Senate concurred in the House Concurrent Resolution and ordered it returned to the House.
A CONCURRENT RESOLUTION To express the condolences of the Legislature of Louisiana upon the
death of former state representative and lieutenant governor Robert L. "Bobby" Freeman.
The resolution was read by title. Senator Peacock moved to concur in the House Concurrent Resolution.
ROLL CALL
YEAS
Mr. President Erdey Morrish Allain Fannin Peacock Appel Gatti Perry Barrow Hewitt Peterson Bishop Johns Riser Boudreaux Lambert Smith, G. Brown Long Smith, J. Carter Martiny Tarver Chabert Milkovich Thompson Claitor Mills Walsworth Colomb Mizell Ward Cortez Morrell White Total - 36
NAYS
Donahue LaFleur Luneau Total - 3
HOUSE CONCURRENT RESOLUTION NO. 142— BY REPRESENTATIVES JEFFERSON AND PIERRE
A CONCURRENT RESOLUTION To commend Alpha Phi Alpha Fraternity, Incorporated, upon the
celebration of its upcoming one hundred tenth anniversary as an organization and designate Tuesday, May 24, 2016, as Alpha Phi Alpha Day at the state capitol.
The resolution was read by title. Senator Bishop moved to concur in the House Concurrent Resolution.
ROLL CALL
YEAS
Mr. President Erdey Peacock Allain Fannin Perry Appel Hewitt Peterson Barrow Johns Riser Bishop Lambert Smith, G. Boudreaux Long Smith, J. Brown Martiny Tarver Carter Milkovich Thompson Chabert Mills Walsworth Claitor Mizell Ward Colomb Morrell White Cortez Morrish Total - 35
NAYS
Donahue LaFleur Gatti Luneau Total - 4
Appointment of Conference Committee on Senate Bill No. 309
The President of the Senate appointed the following members to confer with a like committee from the House to consider the disagreement on Senate Bill No. 309:
Senators Claitor, Mills
Appointment of Conference Committee on House Bill No. 81
The President of the Senate appointed to the Conference Committee on House Bill No. 81 the following members of the Senate:
Senators Peterson, Mizell
Appointment of Conference Committee on House Bill No. 218
The President of the Senate appointed to the Conference Committee on House Bill No. 218 the following members of the Senate:
Senators Morrell, Morrish
REPORT OF COMMITTEE ON
ENVIRONMENTAL QUALITY
Senator Michael A. Walsworth, Chairman on behalf of the Committee on Environmental Quality, submitted the following report:
May 24, 2016
To the President and Members of the Senate:
I am directed by your Committee on Environmental Quality to submit the following report:
SENATE CONCURRENT RESOLUTION NO. 101— BY SENATOR WALSWORTH
A CONCURRENT RESOLUTION To urge and request the Department of Environmental Quality to
study the removal of Reid vapor pressure gasoline requirements in Ascension, Beauregard, Calcasieu, East Baton Rouge,
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Iberville, Jefferson, Lafayette, Lafourche, Livingston, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, St. Mary, and West Baton Rouge parishes.
Reported favorably.
SENATE CONCURRENT RESOLUTION NO. 102— BY SENATOR WALSWORTH
A CONCURRENT RESOLUTION To urge and request the Department of Environmental Quality to
study including above ground bulk storage facilities in the Motor Fuels Underground Storage Tank Trust Fund.
Reported favorably.
HOUSE CONCURRENT RESOLUTION NO. 118— BY REPRESENTATIVE REYNOLDS
A CONCURRENT RESOLUTION To direct the Department of Environmental Quality to conduct
environmental testing on the conditions present when munitions are disposed of by the process of open burning and open detonation, report results, and form a dialogue committee.
Reported favorably.
HOUSE BILL NO. 631— BY REPRESENTATIVE MIGUEZ
AN ACT To amend and reenact R.S. 30:2412(5), (6.1), and (19) and to enact
R.S. 30:2418(O)(5), relative to waste tires; to provide for definitions; to provide for fees levied on certain tires; to provide for delinquent fees for failing to timely remit fees and to report; to dedicate revenue collected; to provide for an effective date; and to provide for related matters.
Reported favorably.
Chairman
JUDICIARY A
Senator Rick Ward III, Chairman on behalf of the Committee on Judiciary A, submitted the following report:
May 24, 2016
I am directed by your Committee on Judiciary A to submit the following report:
SENATE CONCURRENT RESOLUTION NO. 100— BY SENATOR BISHOP
A CONCURRENT RESOLUTION To urge and request the Louisiana State Law Institute to study the
feasibility of revising state law enacted in Act No. 379 of the 2015 Regular Session of the Legislature to account for the financial burden of continuing child support awards for adult children with disabilities places on elderly parents.
Reported favorably.
SENATE BILL NO. 120— BY SENATOR MARTINY
AN ACT To enact R.S. 13:51, relative to certain judicial salaries; to provide
for salary increases for judges of the courts of appeal as recommended by the Judicial Compensation Commission; and to provide for related matters.
HOUSE BILL NO. 146— BY REPRESENTATIVES MORENO, EDMONDS, AND AMEDEE
AN ACT To enact Code of Criminal Procedure Article 895(O), relative to
limitations of liability for court-approved mentors; to provide a limitation of liability to certain persons mentoring offenders on probation; to provide a limitation of liability for the court, and court officers, agents, and employees; to provide definitions; and to provide for related matters.
HOUSE BILL NO. 600— BY REPRESENTATIVE LEGER
AN ACT To amend and reenact R.S. 13:2492(A), (B), (D), (E), and (F),
2493(A), (B), and (C), 2495(B), 2495.1(A), 2496(A), 2496.2(A), 2496.3(F) and (G)(3), 2497(A), 2498, 2499, 2500.1(A), 2500.2, and 2501 and to repeal R.S. 13:2493(G) and 2496.1, relative to the Municipal and Traffic Court of New Orleans; to provide for divisions of court; to provide for qualifications of judges; to provide for the number of judgeships; to provide for the salaries of judges; to provide relative to the appointment of ad hoc judges; to provide relative to court reporters and other court employees; to provide relative to law enforcement; to provide for an effective date; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 1163— (Substitute for House Bill No. 720 by Representative Garofalo)
BY REPRESENTATIVE GAROFALO AN ACT
To amend and reenact R.S. 13:844(D)(2), relative to clerks of courts; to provide for recordation requirements; to provide relative to noncompliance of recordation requirements; to remove noncompliance fees; to impose certain restrictions; to provide relative to the effect of recordation of certain instruments; and to provide for related matters.
Reported favorably.
Chairman
JUDICIARY B
Senator Gary L. Smith Jr., Chairman on behalf of the Committee on Judiciary B, submitted the following report:
May 24, 2016
I am directed by your Committee on Judiciary B to submit the following report:
SENATE BILL NO. 241— BY SENATOR MILKOVICH
AN ACT To amend and reenact R.S. 13:5713(J), relative to duty to hold
autopsies and investigations; to provide relative to autopsy records, writings, and documents and coroner reports; to provide relative to persons authorized to receive autopsy records, writings, and documents and coroner reports; to provide with respect to authorization of family members and next of kin to
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receive autopsy records, writings, and documents and coroner reports; and to provide for related matters.
SENATE BILL NO. 403— BY SENATOR MORRISH
AN ACT To amend and reenact R.S. 40:2852(D) and (E), relative to facilities
providing housing or temporary residence for individuals arrested for commission of a crime; to remove accreditation requirement; and to provide for related matters.
A CONCURRENT RESOLUTION To authorize and direct the continuation of the Louisiana Justice
Reinvestment Task Force under the jurisdiction of the Louisiana Sentencing Commission and the Department of Public Safety and Corrections, to provide for the membership, powers, and duties of the task force, and to require the task force to report its findings.
Reported favorably.
HOUSE BILL NO. 135— BY REPRESENTATIVES TERRY LANDRY AND SMITH
AN ACT To enact R.S. 46:56.1, relative to records of persons prohibited from
possessing firearms; to provide relative to determinations which would prohibit persons from possessing, shipping, transporting, or receiving firearms pursuant to state and federal law; to require the submission of certain records to the Louisiana Supreme Court; to provide that the release of such information does not violate patient confidentiality; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 264— BY REPRESENTATIVE MACK
AN ACT To enact R.S. 15:574.4(F), relative to juvenile parole eligibility; to
provide for parole eligibility for juveniles sentenced to life imprisonment without the possibility of parole for certain homicide offenses; to provide for conditions; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 689— BY REPRESENTATIVE JONES
AN ACT To amend and reenact R.S. 13:2005.1, 2488.7, and 2488.77 and to
enact R.S. 13:2005(D) and (E), relative to city courts; to provide for the city courts of New Iberia, Franklin, Breaux Bridge, and Morgan City; to provide for the creation of Indigent Defender Fund Boards in those city courts; to provide for membership; to provide relative to fees collected for purposes of indigent defense; to deposit a portion of those fees into a special fund; and to provide for related matters.
HOUSE BILL NO. 710— BY REPRESENTATIVE HOLLIS
AN ACT To amend and reenact R.S. 47:843(D)(1), 847(A) and (D)(1), and
849(B) and (C), relative to tobacco; to provide for requirements relative to stamped and unstamped cigarettes; to provide relative to the time period in which cigarettes must be stamped; to provide relative to the inventory or stock of certain cigarettes; to provide relative to prima facie evidence of a violation; to provide for requirements relative to products not listed on the
attorney general's state directory; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 992— BY REPRESENTATIVE CONNICK
AN ACT To amend and reenact R.S. 15:541(2)(c), (k) through (q) and (25)(n)
and to enact R.S. 15:541(2)(r) and (25)(o), relative to the registration of sex offenders; to provide relative to registration and notification requirements imposed on sex offenders; to amend the definitions of "aggravated offense" and "sexual offense against a victim who is a minor"; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 1008— BY REPRESENTATIVE CONNICK
AN ACT To amend and reenact R.S. 15:543.1, relative to sex offender
notification and registration requirements; to modify the notification form issued to sex offenders by courts to reflect statutory changes; to make technical changes to the form; and to provide for related matters.
Reported favorably.
Chairman
JUDICIARY C
Senator Dan Claitor, Chairman on behalf of the Committee on Judiciary C, submitted the following report:
May 24, 2016
I am directed by your Committee on Judiciary C to submit the following report:
HOUSE BILL NO. 19— BY REPRESENTATIVE DWIGHT
AN ACT To amend and reenact R.S. 14:337(A), (D), and (E) and to enact R.S.
14:337(B)(3)(d) and (4)(e), relative to unlawful use of an unmanned aircraft system; to prohibit use of an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record a school, school premises, or correctional facilities; to provide with respect to elements of the crime; to provide for exceptions; to provide for applicability; to provide criminal penalties; to provide relative to the definitions of school and school premises; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 635— BY REPRESENTATIVE HUNTER
AN ACT To amend and reenact R.S. 14:283(A)(1), 283.1(A), and 284(B) and
to enact R.S. 14:283(G), 283.1(C), and 284(D), relative to crimes affecting public morals; to amend crimes involving the observation and invasion of privacy of another to include the use of unmanned aircraft systems; to define unmanned aircraft systems; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 1155— (Substitute for House Bill No. 176 by Representative Hodges)
BY REPRESENTATIVES HODGES, ADAMS, AMEDEE, BACALA, BAGLEY, BAGNERIS, BARRAS, BERTHELOT, BROADWATER, TERRY BROWN, CARMODY, COUSSAN, COX, DAVIS, DEVILLIER, FALCONER, GAROFALO, GISCLAIR, GUINN, HAVARD, HAZEL, HENRY, HILL, HOFFMANN, HORTON, HOWARD, IVEY, MIKE JOHNSON, MAGEE, MARCELLE, MIGUEZ, JAY MORRIS, NORTON, PEARSON, POPE, PYLANT, RICHARD, SCHRODER, SEABAUGH, TALBOT, WHITE, WILLMOTT, AND ZERINGUE
AN ACT To enact R.S. 40:1379.3.2, relative to concealed handgun permits; to
provide for the issuance of temporary concealed firearms permit; to authorize the temporary carrying of a concealed handgun without a permit for persons who have obtained a domestic abuse protective order; to provide for applicability; to provide for the application process; to provide relative to the effects of obtaining such a permit; to provide for time limitations; to provide relative to the payment of a fee; to provide for rulemaking; and to provide for related matters.
Reported favorably.
REPORT OF COMMITTEE ON
SENATE AND GOVERNMENTAL AFFAIRS
Senator Karen Carter Peterson, Chairman on behalf of the Committee on Senate and Governmental Affairs, submitted the following report:
May 24, 2016
I am directed by your Committee on Senate and Governmental Affairs to submit the following report:
HOUSE BILL NO. 78— BY REPRESENTATIVE PEARSON
AN ACT To enact R.S. 42:1124.2.1(A)(4), relative to financial disclosure; to
require certain public employees in specified positions with state and statewide retirement systems to file financial disclosure statements; to provide for penalties; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 144— BY REPRESENTATIVE GREGORY MILLER
AN ACT To amend and reenact R.S. 42:1124(E) and 1124.2(E), relative to
personal financial disclosure; to remove provisions requiring an affidavit; to provide for a certification; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 198— BY REPRESENTATIVES PYLANT AND MACK
AN ACT To enact R.S. 24:202(A)(24) and (25), relative to the council of the
Louisiana State Law Institute; to provide for the ex officio membership of the council; and to provide for related matters.
Reported favorably.
A JOINT RESOLUTION Proposing to amend Article XI, Section 5 of the Constitution of
Louisiana, to provide relative to registrars of voters; to provide that the manner of appointment of registrars is as provided by law; to require the qualifications for registrars to be provided by law; to provide for submission of the proposed amendment to the electors; and to provide for related matters.
Reported favorably.
AN ACT To amend and reenact R.S. 18:52, relative to the office of registrar of
voters; to provide qualifications for registrars of voters and applicants for the office of registrar of voters; to provide definitions; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 518— BY REPRESENTATIVE BROADWATER
AN ACT To enact R.S. 44:4(51), relative to information regarding the fitness
of a person to receive or to continue to hold a certificate issued by the Board of Examiners of Certified Shorthand Reporters; to exempt from the Public Records Law certain records of the board concerning the fitness of a person to receive or to continue to hold a certificate; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 585— BY REPRESENTATIVE BROADWATER
AN ACT To enact R.S.24:55(D)(3) and R.S. 49:76(D)(3), relative to lobbying;
to provide relative to reporting; to provide for prohibitions; to provide for penalties; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 711— BY REPRESENTATIVE SHADOIN
AN ACT To amend and reenact R.S. 24:513(G), relative to audit reports issued
by the legislative auditor; to authorize the issuance of a temporary restraining order or injunctive relief barring the release of an audit report; to provide for appeals; and to provide for related matters.
Reported favorably.
AN ACT To amend and reenact R.S. 24:53(F)(1) and (H), R.S. 33:9664(D)(1)
and (F), and R.S. 49:74(D)(1) and (F), relative to lobbyist disclosure; to provide relative to the filing of certain supplemental reports during the registration renewal period; and to provide for related matters.
Reported favorably.
AN ACT To amend and reenact R.S. 18:1505.2(I)(6), relative to the use of
campaign funds; to redefine the term "motor vehicle" for purposes of the prohibition on the purchase of motor vehicles with campaign funds; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 947— BY REPRESENTATIVES POPE, AMEDEE, BAGLEY, BOUIE, CONNICK, COX, DAVIS, EDMONDS, EMERSON, GAROFALO, GUINN, LANCE HARRIS, HENRY, HENSGENS, HILFERTY, HILL, HOFFMANN, HORTON, IVEY, MIKE JOHNSON, JONES, LEBAS, LOPINTO, MAGEE, MIGUEZ, GREGORY MILLER, JAY MORRIS, SMITH, STOKES, AND ZERINGUE
AN ACT To amend and reenact R.S. 17:7(22) and to enact R.S. 17:7(33) and
R.S. 36:254(A)(15), 474(A)(13), and 645(A)(9), relative to reporting of information to the legislature concerning the administration of certain state departments; to provide for duties of the secretary of the Department of Health and Hospitals, the secretary of the Department of Children and Family Services, the state superintendent of education, and the State Board of Elementary and Secondary Education; to require these entities to report to the legislature certain information concerning organizational matters and staff salaries; to specify the period for reporting of such information; to provide for technical corrections; and to provide for related matters.
Chairwoman
Reported by Committees
SENATE BILL NO. 325— BY SENATOR CLAITOR
AN ACT To amend and reenact R.S. 13:992.1(A) and (C)(4), relative to the
Judicial Building Fund; to provide for the application of certain court costs and service charges in the Nineteenth Judicial District; to provide for an effective date; and to provide for related matters.
Reported with amendments by the Committee on Finance.
SENATE COMMITTEE AMENDMENTS
Amendments proposed by Senate Committee on Finance to Original Senate Bill No. 325 by Senator Claitor
AMENDMENT NO. 1 On page 1, line 15, after "shall" delete the remainder of the line and insert the following: "not apply to cases involving juvenile and family"
On motion of Senator Allain, the committee amendment was adopted. The amended bill was read by title, ordered engrossed and passed to a third reading.
SENATE BILL NO. 407— BY SENATOR MILKOVICH
AN ACT To enact R.S. 39:1567(B)(4) and (F), relative to certain contract
reporting requirements; to provide for reporting certain contract information on the Internet; to provide for the creation of the Contract Services Joint Legislative Task Force; to provide for the membership of the task force; to provide for the duties of the task force; to provide for an effective date; and to provide for related matters.
Amendments proposed by Senate Committee on Finance to Original Senate Bill No. 407 by Senator Milkovich
AMENDMENT NO. 1 On page 1, line 13, delete "The" and insert the following: "Information on all contracts and the"
AMENDMENT NO. 2 On page 2, line 7, change "shall review" to "is authorized to review"
AMENDMENT NO. 3 On page 2, line 9, after "1950.", delete the remainder of the line and insert the following: "The task force may review the processes by which these contracts are negotiated, drafted, procured, and executed. Additionally, the task force may study any other contracts determined to be relevant to the mission of the task force."
AMENDMENT NO. 4 On page 2, at the beginning of line 10, change "quarterly. The" to "(3) The"
AMENDMENT NO. 5 On page 2, between lines 14 and 15, insert the following:
"(4) The task force shall not meet more than five calendar days in any fiscal year."
AMENDMENT NO. 6 On page 2, at the beginning of line 15, change "(3)" to "(5)"
On motion of Senator Allain, the committee amendment was adopted. The amended bill was read by title, ordered engrossed and passed to a third reading.
House Bills and Joint Resolutions on Second Reading
Reported by Committees
AN ACT To amend and reenact R.S. 11:181(A)(introductory paragraph),
(B)(introductory paragraph), and (E), 511(1), 822(A)(5), 1162(A)(2), 1302(A)(6) and (7), 1471(A) and (C), 1541, 1651(B)(1), 1821(B)(5), 1981(B), 2091(B)(1), 2173(A)(introductory paragraph), 2225(A)(2)(a), and 2260(A)(2)(d) and to enact R.S. 11:2173(A)(7) and (8), relative to boards of trustees of the state and statewide retirement systems, plans, and funds; to authorize certain officers of the legislature to be trustees on such boards; to authorize appointment of designees; and to provide for related matters.
Reported favorably by the Committee on Retirement. The bill was read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 32— BY REPRESENTATIVES JONES, ARMES, BACALA, BAGLEY, BILLIOT, BOUIE, TERRY BROWN, CARPENTER, ROBBY CARTER, COX, FRANKLIN, GAINES, HALL, HAZEL, HILL, HOWARD, HUNTER, JACKSON, JAMES, JEFFERSON, JENKINS, ROBERT JOHNSON, TERRY LANDRY, MACK, MAGEE, MARCELLE, MCFARLAND, MIGUEZ, DUSTIN MILLER, MONTOUCET, MORENO, NORTON, PIERRE, POPE, PRICE, PYLANT, REYNOLDS, SEABAUGH, SHADOIN, SMITH, WILLMOTT, AND ZERINGUE
AN ACT To enact R.S. 11:542.2, 883.4, 1145.3, and 1331.2, relative to state
retirement system experience accounts; to debit funds from such accounts to pay a benefit increase to certain retirees and beneficiaries of state systems; to provide qualifications for receipt of such payments; to provide relative to the amount of such payments; and to provide for related matters.
Reported with amendments by the Committee on Retirement.
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Amendments proposed by Senate Committee on Retirement to Reengrossed House Bill No. 32 by Representative Jones
AMENDMENT NO. 1 On page 5, delete line 3, and insert, "least age sixty-five and who retired on or before June 30, 2001."
On motion of Senator Peacock, the committee amendment was adopted. The amended bill was read by title and recommitted to the Committee on Finance.
HOUSE BILL NO. 37— BY REPRESENTATIVE JONES
AN ACT To amend and reenact R.S. 11:1821(B)(1), (2), (6), and (7), (C), and
(E) and 1842 and to enact R.S. 11:1823(A)(22), relative to the board of trustees of the Municipal Employees' Retirement System; to grant certain trustees and their designees the authority to vote; to provide relative to qualifications for service as an elected trustee; to provide for term duration; to provide for submission of reports to the legislature; to provide for trustee compensation; to provide for expenditure of system funds; to prohibit trustees from accepting certain things of economic value; and to provide for related matters.
Amendments proposed by Senate Committee on Retirement to Reengrossed House Bill No. 37 by Representative Jones
AMENDMENT NO. 1 On page 2, delete lines 15 and 16 and insert the following: "for a period of six years. No person who has been elected to serve as an active and contributing member for more than one and one-half terms shall be elected to the board for another term."
On motion of Senator Peacock, the committee amendment was adopted. The amended bill was read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 39— BY REPRESENTATIVE PEARSON
AN ACT To amend and reenact R.S. 11:2072(A) and (B)(1) and to enact R.S.
11:2072(C), relative to the maximum benefits for certain members of the Registrars of Voters Employees' Retirement System; and to provide for related matters.
HOUSE BILL NO. 53— BY REPRESENTATIVE FOIL
AN ACT To amend and reenact R.S. 11:1938(F)(2), relative to Deferred
Retirement Option Plan accounts of members of the Parochial Employees' Retirement System; to provide with respect to the investment of funds in such accounts; to provide with respect to the rate of interest credited to such accounts; and to provide for related matters.
HOUSE BILL NO. 54— BY REPRESENTATIVE FOIL
AN ACT To amend and reenact R.S. 11:42(B)(introductory paragraph) and (2),
relative to certain unfunded accrued liabilities of the Clerks of Court Retirement and Relief Fund; to provide with respect to payments on such debt; and to provide for related matters.
Amendments proposed by Senate Committee on Retirement to Engrossed House Bill No. 54 by Representative Foil
AMENDMENT NO. 1 On page 2, line 4, change "level-dollar payments annually" to "annual level-dollar payments"
AN ACT To amend and reenact R.S. 11:3384(A)(2), (B)(2), and (D)(2) and
3386(B) and to enact R.S. 11:3384(A)(3), (B)(3), and (D)(3), relative to new members of the Firefighters' Pension and Relief Fund in the city of New Orleans; to provide relative to retirement eligibility and benefits for such members; to provide relative to benefits for beneficiaries and survivors of certain such members; and to provide for related matters.
AN ACT To amend and reenact R.S. 11:3363(B), relative to employee
contributions in the Fire Fighters' Pension and Relief Fund in the city of New Orleans; to provide with respect to the regularity and amount of such contributions; to provide with respect to consent to such deductions; to provide relative to the establishment of an "employer pick-up" plan within the system in accordance with Internal Revenue Code provisions; to provide relative to the transfer of such contributions to the system; to provide relative to the powers and duties of the board with respect to such contributions; to provide relative to member rights relative to such contributions; and to provide for related matters.
AN ACT To amend and reenact R.S. 11:3385.1(D) and (H)(2), relative to the
Deferred Retirement Option Plan in the Firefighters' Pension and Relief Fund in the city of New Orleans; to provide relative to benefit options for members electing to participate in such plan; to provide with respect to account funds and interest thereon; to provide with respect to administrative fees charged to such accounts; and to provide for related matters.
Amendments proposed by Senate Committee on Retirement to Engrossed House Bill No. 58 by Representative Leger
AMENDMENT NO. 1 On page 1, line 2, change "11:3385.1 (D) and (H)(2)," to "11:3385.1(H)(2) and (N),"
AMENDMENT NO. 2 On page 1, line 11, change "11:3385.1 (D) and (H)(2)," to "11:3385.1(H)(2) and (N)"
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AMENDMENT NO. 3 On page 1, delete lines 15 through 19
AMENDMENT NO. 4 On page 2, line 10, change "administration" to "administrative"
* * *"
AN ACT To amend and reenact R.S. 11:3391, relative to conversion of leave
to retirement credit in the Firefighters' Pension and Relief Fund in the city of New Orleans; to authorize such conversion; to provide with respect to the amount of credit received for such conversion; to provide with respect to the election to convert such leave; and to provide for related matters.
HOUSE BILL NO. 60— BY REPRESENTATIVE MIGUEZ
AN ACT To amend and reenact R.S. 11:710(A)(8) and to enact R.S.
11:710(A)(5)(d) and (9), relative to the reemployment of retirees of the Teachers' Retirement System of Louisiana in positions covered by the system; to authorize the reemployment of retirees as school nurses; to provide relative to earnings restrictions on such reemployment; and to provide for related matters.
Amendments proposed by Senate Committee on Retirement to Engrossed House Bill No. 60 by Representative Miguez
AMENDMENT NO. 1 On page 1, line 2, after "reenact" delete the remainder of the line and insert "R.S. 11:710 (A)(8) and (B)(1)(a) and (d) and to enact R.S. 11:710(A)(5)(d) and (9) and (B)(1)(e) and (f) relative"
AMENDMENT NO. 2 On page 1, line 11, after "R.S. 11:710(A)(8)" delete "is" and insert "and (B)(1)(a) and (d) are"
AMENDMENT NO. 3 On page 1, line 12, after "(9)" and before "are" insert "and (B)(1)(e) and (f)"
* * *
(d) Except as provided in Subparagraphs (e) and (f) of this Paragraph, If if the reemployment of a retired teacher is based on an agreement between the retired teacher and his employer where such agreement was perfected prior to the retiree's effective date of retirement and where the agreement allows for the retiree to become reemployed within twelve thirty-six months immediately following the effective date of his retirement, the retiree shall not be eligible to receive retirement benefits for the twelve-month thirty-six-month period immediately following the effective date of such reemployment, regardless of whether such agreement is express or implied. The provisions of this Subparagraph shall be applied prospectively beginning on July 1, 2001.
(e) Any retired teacher who returns to active service covered by the provisions of Paragraph (A)(4) of this Section within the twelve- month period immediately following the effective date of such retirement shall have his retirement benefits suspended for the duration of such active service or the lapse of twelve months from the effective date of his retirement, whichever occurs first, even if such service is based on employment by contract or corporate contract.
* * *"
HOUSE BILL NO. 61— BY REPRESENTATIVE HOFFMANN
AN ACT To amend and reenact R.S. 11:710(A)(3) and (4)(b) and (F), relative
to the reemployment of retirees of the Teachers' Retirement System of Louisiana in positions covered by the system; to authorize the reemployment of school psychologists in critical shortage areas; and to provide for related matters.
Amendments proposed by Senate Committee on Retirement to Reengrossed House Bill No. 61 by Representative Hoffmann
AMENDMENT NO. 1 On page 1, line 2, after "reenact"delete the remainder of the line and insert "R.S. 11:710 (A)(3) and (4)(b), (B)(1)(a) and (d), and (F) and to enact R.S. 11:710(B)(1)(e) and (f), relative to the reemployment"
AMENDMENT NO. 2 On page 1, line 10, after "(4)(b)" and before "and" insert ", (B)(1)(a) and (d)," and at the end of line 10, insert "and R.S. 11:107(B)(1)(e) and (f) are hereby enacted"
"B.(1)(a) Except as provided in Subparagraphs (e) and (f) of this Paragraph, Any any retired teacher who returns to active service covered by the provisions of this Chapter within the twelve-month thirty-six-month period immediately following the effective date of such retirement shall have his retirement benefits suspended for the duration of such active service or the lapse of twelve thirty-six months from the effective date of his retirement, whichever occurs first, even if such service is based on employment by contract or corporate contract.
* * * (d) Except as provided in Subparagraphs (e) and (f) of this
Paragraph, If if the reemployment of a retired teacher is based on an agreement between the retired teacher and his employer where such agreement was perfected prior to the retiree's effective date of retirement and where the agreement allows for the retiree to become reemployed within twelve thirty-six months immediately following the effective date of his retirement, the retiree shall not be eligible to receive retirement benefits for the twelve-month thirty-six-month
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period immediately following the effective date of such reemployment, regardless of whether such agreement is express or implied. The provisions of this Subparagraph shall be applied prospectively beginning on July 1, 2001.
* * *"
HOUSE BILL NO. 431— BY REPRESENTATIVE CARMODY
AN ACT To amend and reenact R.S. 45:1177(A)(2), relative to the Public
Service Commission; to increase certain quarterly fees with respect to common and contract motor carriers and public utilities; to provide for effectiveness; and to provide for related matters.
Reported favorably by the Committee on Finance. The bill was read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 464— BY REPRESENTATIVE BISHOP
AN ACT To amend and reenact R.S. 30:560(B) and (C) and 706 and to enact
R.S. 30:560(D), relative to pipelines; to provide relative to pipeline safety inspection fees for certain pipelines; to provide relative to the amounts and imposition of such fees; and to provide for related matters.
Reported favorably by the Committee on Revenue and Fiscal Affairs. The bill was read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 608— BY REPRESENTATIVE ADAMS
AN ACT To amend and reenact R.S. 47:1838(1), relative to fees levied by the
Louisiana Tax Commission; to increase the rate of the fee for the assessment of public service properties for a certain period of time; to provide for an effective date; and to provide for related matters.
HOUSE BILL NO. 717— BY REPRESENTATIVE STOKES
AN ACT To amend and reenact Section 2 of Act No. 198 of the 2014 Regular
Session of the Legislature and to enact R.S. 47:1608 and 1609, relative to the Department of Revenue; to provide for the funding of the Department of Revenue; to provide for the disposition of certain taxes, penalties, and interest collected by the department; to provide for certain requirements and limitations; to provide for certain interagency transfers; to provide for an effective date; and to provide for related matters.
HOUSE BILL NO. 735— BY REPRESENTATIVE ABRAMSON
AN ACT To amend and reenact R.S. 47:103(A), 287.614(A)(1),
287.651(A)(1), 609(A), and 1675(H)(1)(e) and (f) as enacted by Act No. 23 of the 2016 First Extraordinary Session of the Legislature, relative to income tax returns; to provide for the time and place of filing of certain income tax returns; to provide for the deadline for the payment of certain taxes; to provide relative to the claiming of certain transferable tax credits in the Tax Credit Registry; to provide for applicability; to provide for an effective date; and to provide for related matters.
Reported with amendments by the Committee on Revenue and Fiscal Affairs.
Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Reengrossed House Bill No. 735 by Representative Abramson
AMENDMENT NO. 1 On page 1, line 2, between "287.651(A)(1)," and "609(A)" insert "and"
AMENDMENT NO. 2 On page 1, line 2, at the end of the line, delete "and"
AMENDMENT NO. 3 On page 1, delete line 3
AMENDMENT NO. 4 On page 1, line 4, delete "Session of the Legislature,"
AMENDMENT NO. 5 On page 1, line 6, after "certain taxes;" delete the remainder of the line
AMENDMENT NO. 6 On page 1, line 7, delete "tax credits in the Tax Credit Registry;"
AMENDMENT NO. 7 On page 4, delete lines 5 through 22, and insert:
"Section 2. The provisions of this Act shall be applicable for income tax periods beginning on and after January 1, 2016 and corporation franchise tax periods beginning on and after January 1, 2017."
AMENDMENT NO. 8 On page 4, line 23, delete "Section 4." and insert "Section 3."
On motion of Senator Morrell, the committee amendment was adopted. The amended bill was read by title and referred to the Legislative Bureau.
AN ACT To amend and reenact R.S. 47:114(E), relative to the Department of
Revenue; to provide with respect to deductions and withholdings by certain employers; to provide for the submission of certain returns to the department; to change the deadline for the submission of certain returns; to provide for applicability; to provide for an effective date; and to provide for related matters.
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Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Engrossed House Bill No. 737 by Representative Abramson
AMENDMENT NO. 1 On page 1, line 2, between "R.S. 47:114(E)," and "relative to" insert "164(D)(2), and Section 2 of Act No. 425 of the 2015 Regular Session of the Legislature,"
AMENDMENT NO. 2 On page 1, line 8, after "R.S. 47:114(E)" delete "is" and insert "and 164(D)(2) are"
AMENDMENT NO. 3 On page 1, between lines 15 and 16 insert: "§164. Information at source
* * * D. Withholding of tax at source. (1) * * * (2)(a) The motion picture investor tax credit pursuant to R.S.
47:6007 awards a tax credit for investments made and used for production expenditures in this state for state-certified productions. Therefore, any individual receiving any payments for the performance of services used directly in a production activity, which payments shall be claimed as a production expenditure for purposes of certification of tax credits, is deemed to be receiving Louisiana taxable income whether directly or indirectly through an agent or agency, loan-out company, a personal service company, an employee leasing company, or other entity and therefore these payments are subject to the withholding requirements of state and federal law and regulations.
(b) Any motion picture production company, motion picture payroll services company, or other entity making or causing to be made payments as provided in Subparagraph (a) of this Paragraph, to an individual, or to an agent or agency, loan-out company, personal service company, employee leasing company, or other entity is considered to be paying compensation taxable by the state of Louisiana. For purposes of eligibility as a production expenditure, the company or other entity shall withhold taxes from those payments at the highest individual rate of six percent, or the highest individual rate in effect at the time and remit these payments to the department quarterly, excluding any amount that would otherwise not be subject to the withholding requirements imposed pursuant to state and federal law and regulations.
(c) The motion picture production company, motion picture payroll services company, or other entity required to withhold income taxes as required by this Paragraph shall electronically report the information required by Items (i) through (iv) of this Subparagraph and remit such the withholdings on all payments provided for in Subparagraphs (a) and (b) of this Paragraph to the Department of Revenue quarterly. The information reported as required by this Subparagraph may be provided to the Department of Economic Development and if proided, shall be subject to the confidentiality provisions of R.S. 47:1508(B)(20). The reports shall contain the following information:
(i) Name, address, and taxpayer identification number of the loan-out company or other entity.
(ii) Identification of entity type: C Corporation, S Corporation, or Limited Liability Company with tax type specified.
(iii) Name, address, and social security number of the payee. (iv) An affirmative statement of whether or not the production
company is a related party to the loan-out company or other entity, and if so, provision of an affidavit stating under penalty of perjury that the transaction is valued at the same value that an unrelated party would value the same transaction. If the production company is a related party to the loan-out company, the report shall also include all of the following information:
(aa) The ownership structure of the loan-out company or other entity.
(bb) An estimate amount of what the loan-out company or other entity will pay the payee.
Section 2. Section 2 of Act No. 425 of the 2015 Regular Session of the Legislature is hereby amended and reenacted to read as follows:
* * * Section 2. The provisions of this Act shall be applicable to
expenditures occurring after January 1, 2016, for productions which receive initial certification on or after January 1, 2016."
AN ACT To amend and reenact R.S. 45:1179, relative to the collection of
certain fees; to provide for supervision and enforcement of the collection of certain inspection and supervision fees; to provide for an effective date; and to provide for related matters.
AN ACT To enact R.S. 47:1520.2, relative to refunds from the Department of
Revenue; to require the electronic filing of certain refund claims; to provide with respect to the authority of the secretary; to provide for certain requirements; to provide for certain exceptions; to provide for applicability; to provide for an effective date; and to provide for related matters.
HOUSE BILL NO. 763— BY REPRESENTATIVES CARPENTER, COX, HUNTER, AND JACKSON
AN ACT To enact R.S. 28:931 and 932, relative to healthcare services for
persons experiencing mental health or behavioral health crises; to authorize establishment of facilities to be known as intervention and stabilization units; to provide for powers of human services districts and authorities with respect to such facilities; to provide for the geographic location of such facilities; to condition establishment of any such facility upon appropriation of funds; and to provide for related matters.
Amendments proposed by Senate Committee on Finance to Reengrossed House Bill No. 763 by Representative Carpenter
AMENDMENT NO. 1 Delete Senate Committee Amendment No. 3 of the set of Committee Amendments proposed by the Senate Committee on Health and Welfare and adopted by the Senate on May 5, 2016.
"D. No intervention or stabilization unit, as provided for in this Section, shall be established by any human services authority or district unless and until the legislature specifically appropriates funding for this purpose. Furthermore, no human services authority or district shall divert any monies appropriated to the authority or
1021
district for other purposes to establish or fund an intervention or stabilization unit."
On motion of Senator Allain, the committee amendment was adopted. The amended bill was read by title and referred to the Legislative Bureau.
AN ACT To amend and reenact R.S. 47:6351(B)(1), relative to rebate
programs administered by the state; to provide relative to the Procurement Processing Company Rebate program; and to provide for related matters.
Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Engrossed House Bill No. 772 by Representative Abramson
AMENDMENT NO. 1 On page 1, line 2, delete "R.S. 47:6351(B)(1)" and insert "R.S. 47:6351"
AMENDMENT NO. 2 On page 1, line 3, at the end of the line, insert "to provide for non- transactional event rebates;"
AMENDMENT NO. 3 On page 1, line 6, delete "R.S. 47:6351(B)(1)" and insert "R.S. 47:6351"
AMENDMENT NO. 4 On page 1, between lines 7 and 8 insert:
"A. Definitions. For purposes of this Section, the following words shall have the following meanings unless the context clearly indicates otherwise:
(1) "Affiliated entity" shall mean a person who, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with another person.
(2) "Department" shall mean the Department of Revenue. (3) "New taxable sales" shall mean the sale of goods and
services upon which state sales and use tax is paid under this Title and which would not have occurred in the state but for the operation in the state of a procurement processing company. The term "new taxable sales" shall not include any sales or purchases of services or property upon which such sales and use tax would have been due if the procurement processing company was not operating in the state.
(4) "Non-transactional event company" shall mean a company who has agreed to absorb the taxes due under R.S. 47:302, 321, 321.1 and 331; has advertised the same to customers or clients as required by R.S. 47:304; has a contract with the state or a political subdivision of the state that ensures reimbursement of or protection, defense and indemnification to the company from sales tax if an existing sales tax exemption is removed, repealed or modified, or if a new sales or other tax is levied; and the contract with the state or a political subdivision of the state may include a bid, invitation, or proposal that has been awarded to the state or a political subdivision of the state to host, conduct, join, or share in the occurrence of a special event when the special event requires protection from or reimbursement of any sales tax levied on the special event as a condition of the award and the special event is held in a facility owned by the state or a political subdivision of the state.
(5) "Non-transactional event rebate" shall mean a rebate to a non-transactional event company by the department for sales taxes absorbed and due to the department but required to be reimbursed under a contract between the company and the state or a political subdivision of the state that ensures reimbursement of or protection, defense and indemnification of a non-transactional event company from a sales tax if a prior sales tax exemption is removed, repealed or modified, or if new sales tax is levied. The contract between the
company and the state or political subdivision of the state shall be in effect and duly approved before any non-transactional event rebate may be authorized for that company.
(4) (6) "Procurement processing company" means a company engaged in managing the activities of unrelated purchasing companies.
(5) (7) "Purchasing company" means a company engaged in the activity of selling property and services to affiliated entities.
(6) (8) "Secretary" shall mean the secretary of the Department of Revenue.
(7) (9) "Significant positive economic benefit" means that net positive state tax revenues are to be generated from the new taxable sales."
AMENDMENT NO. 5 On page 1, delete lines 8 and 9, and insert:
"B. Contract Procurement processing company contract. (1) The secretary of the Department of Economic Development
is authorized to enter into a contract with a procurement "
AMENDMENT NO. 6 On page after line 17, add the following:
"(2) The contract shall include a provision whereby the procurement processing company expressly acknowledges that if it receives a rebate for new taxable sales under the provisions of this Section, in no event shall the taxes on such new taxable sales remitted to Louisiana by the purchasing company or affiliated entity constitute an overpayment as defined in R.S. 47:1621.
(3) Any contract between the procurement processing company and a purchasing company shall include a provision whereby the parties in such contract expressly acknowledge that if the procurement processing company receives a rebate for new taxable sales under the provisions of this Section, in no event shall the taxes on such new taxable sales remitted to Louisiana by the purchasing company or affiliated entity constitute an overpayment as defined in R.S. 47:1621.
C. Non-transactional event rebate contract. (1) The secretary may enter into a contract with a
non-transactional event company to provide for the identification and tracking of absorbed sales taxes as a non-transactional event rebate.
(2) The non-transactional event rebate contract authorized in this Subsection shall provide for a rebate of sales tax properly absorbed; set forth a mechanism to certify the absorbed sales tax that corresponds to a non-transactional event rebate; and attach and reference the authorized contract between the non-transactional event company and the state or a political subdivision of the state. The non-transactional event rebate contract may also include the designation of a political subdivision of the state as the agent of the non-transactional event company for purposes of the absorption of the taxes.
(3) The non-transactional event rebate contract authorized in this Subsection shall treat the sales tax absorbed by the non-transactional event company as properly remitted sales tax and no additional transactions shall occur.
(4) The secretary shall be responsible for properly tracking non-transactional event rebates authorized by this Section.
C. D. Certification of sales. The secretary of the department shall determine the amount of incentive rebates to be paid to a procurement processing company pursuant to the a contract authorized in this Section Rebate payments shall be based upon the amount of new taxable sales which are certified by the secretary.
E. Certification of non-transactional event rebate. The secretary shall determine the amount of the non-transactional event rebate and the rebate shall be based upon the amount of sales tax absorbed by the non-transactional event company and deemed properly remitted to the state.
D. F. Payment of rebate. (1) Notwithstanding any provision of law to the contrary, the
secretary of the department shall make the rebate authorized pursuant to the provisions of this Section from the state sales tax revenue generated by the new taxable sales occurring in this state as a result of the operation of a procurement processing company in Louisiana.
(2) If after a rebate has been paid, the department determines that certain items included in the rebate payment did not constitute
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new taxable sales, the amount rebated for those items shall be recaptured by the department from the procurement processing company, subject to the prescriptive period set forth in R.S. 47:1561.2.
(3) Notwithstanding any provision of law to the contrary, if a procurement processing company receives a rebate for new taxable sales under the provisions of this Section, in no event shall the taxes on such new taxable sales remitted to Louisiana by the purchasing company or affiliated entity constitute an overpayment as defined in R.S. 47:1621.
(4) A non-transactional event rebate shall be authorized by the secretary; but, it shall not otherwise result in any payment being made by the department to the non-transactional event company. the non-transactional event rebate shall only be recognized for purposes of identifying and tracking the sales tax absorbed by the non-transactional event company.
(5) In no event shall the sales tax calculated as part of an non-transactional event rebate constitute an overpayment as defined in R.S. 47:1621 and in no manner shall the non-transactional event company receive any vendor's compensation discount under Title 47 for the collection or absorption of sales tax.
E. G. The Department of Revenue may promulgate rules and regulations in accordance with the provisions of the Administrative Procedure Act as are necessary to implement the provisions of this Section.
F. H. Administrative expenses. (1) From the collections of new state sales tax revenue generated
by new taxable sales as a result of the activities of purchasing companies pursuant to the provisions of this Section, the secretary of the department is authorized to retain an amount necessary to provide for the expenses the department shall incur in the administration of the provisions of this Section. Such monies are hereby designated to be self-generated revenues of the department.
(2) A non-transactional event rebate shall not be eligible for administrative expenses.
G. I. Disposition of collections resulting from new taxable sales. The state sales tax revenues generated as a result of the activities
of purchasing companies pursuant to this Section which are deposited into the state general fund shall thereafter be disbursed during each fiscal year in the following order of priority:
(1) The payment of rebates to procurement processing companies by the secretary of the Department of Revenue in accordance with the provisions of a contract, which payments shall be made from current sales tax collections pursuant to Paragraph (D)(F)(1) of this Section.
(2) Retention by the department of amounts necessary to provide for the expenses of the department pursuant to the provisions of Subsection F H of this Section.
(3) Of the monies remaining after satisfaction of the requirements of Paragraphs (1) and (2) of this Subsection as determined by the secretary pursuant to Subsection H J of this Section, the state treasurer is hereby authorized and directed to transfer the amount of thirty million dollars, or as much thereof as is available, from the state general fund to the Unfunded Accrued Liability and Specialized Educational Institutions Support Fund-Specialized Educational Institutions Account, which is established pursuant to R.S. 39:100.136. Each fiscal year, the transfer shall occur as soon as is practicable, upon notification by the secretary of the Department of Revenue that revenues sufficient to provide for this distribution have been deposited into the treasury.
(4) Of the monies remaining after satisfaction of the requirements of Paragraphs (1) through (3) of this Subsection as determined by the secretary pursuant to Subsection H J of this Section, the state treasurer is hereby authorized and directed to transfer from the state general fund to the Unfunded Accrued Liability and Specialized Educational Institutions Support Fund-UAL Account an amount equal to ten percent of the total remaining state sales tax revenues collected in and attributable to that fiscal year as a result of the activities of purchasing companies. The transfer shall occur no later than August tenth of each year.
(5) The provisions of this Subsection shall not apply to non-transactional event rebates authorized by this Section.
H. J. The availability of monies necessary to comply with the provisions of Subsection G I of this Section shall be evidenced by the
amount of state sales tax revenue generated by the new taxable sales upon which a rebate has been paid pursuant to this Section. The secretary is authorized and directed to estimate the amount of taxes which have been deposited into the state general fund as a result of such new taxable sales. Upon request, the secretary shall provide written notification to the state treasurer as to the amount of money available for the making of deposits as required by this Subsection."
HOUSE BILL NO. 784— BY REPRESENTATIVES ABRAMSON, BROADWATER, DAVIS, DEVILLIER, DWIGHT, HORTON, HUVAL, IVEY, JAY MORRIS, JIM MORRIS, AND THIBAUT
AN ACT To amend and reenact R.S. 39:101(A)(1), 102(B), and 111 and to
enact R.S. 39:105, relative to capital outlay; to provide with respect to the submission of the capital outlay budget; to provide for revisions; to provide relative to the contents of a capital outlay budget request; to require the resubmission of applications of certain capital outlay budget requests; to require local match information in capital outlay budget requests; to require certain information to be annually reported to the Joint Legislative Committee on Capital Outlay; to provide for certain requirements; and to provide for related matters.
HOUSE BILL NO. 830— BY REPRESENTATIVE SEABAUGH
AN ACT To amend and reenact R.S. 15:587.1(B)(1) and (C)(introductory
paragraph) and R.S. 17:407.42(B)(1)(a), relative to the Department of Education; to authorize the department to request criminal history information on certain personnel of early learning centers; to provide requirements relative to the state Bureau of Criminal Identification and Information upon the receipt of such requests; to provide relative to fees; to provide relative to effectiveness; to provide relative to implementation; and to provide for related matters.
HOUSE BILL NO. 900— BY REPRESENTATIVE LEOPOLD
AN ACT To amend and reenact R.S. 30:2011(D)(22)(b) and (c) and (25),
2014(D)(4) and (5), 2195(B), 2351.59(C)(1)(a) and (b), (2), and (3), and to enact R.S. 30:2014(D)(6), relative to fees collected by the Department of Environmental Quality; to authorize an increase of fees paid to the Department of Environmental Quality; to authorize an increase of fees paid for accreditation by commercial laboratories; to authorize and increase in fees paid for certain reviews of immovable property; to authorize a fee for requesting a declaratory ruling; to authorize an increase for underground storage tank fees; to authorize an increase in fees deposited into the Lead Hazard Reduction Fund; and to provide for related matters.
HOUSE BILL NO. 907— BY REPRESENTATIVE LEBAS
AN ACT To amend and reenact R.S. 11:710(B)(1)(b) and (D) and to enact R.S.
11:710(A)(9), relative to the reemployment of retirees of the Teachers' Retirement System of Louisiana; to provide relative to the earnings limitation applicable to retirees who return to work as substitute classroom teachers under certain
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circumstances; to provide a definition; to provide for reporting requirements; and to provide for related matters.
Amendments proposed by Senate Committee on Retirement to Engrossed House Bill No. 907 by Representative LeBas
AMENDMENT NO. 1 On page 1, line 2, after "reenact" delete the remainder of the line and insert "R.S. 11:710(B)(1)(a), (b), and (d) and (D) and to enact R.S. 11:710(A)(9) and (B)(1)(e) and (f), relative"
AMENDMENT NO. 2 On page 1, line 11, change "11:710(B)(1)(b)" to "11:710(B)(1)(a), (b), and (d)"
AMENDMENT NO. 3 On page 1, line 12, change "11:710(A)(9) is" to "11:710(A)(9) and (B)(1)(e) and (f) are"
AMENDMENT NO. 4 On page 1, delete lines 19 and 20 and insert the following:
"B.(1)(a) Except as provided in Subparagraphs (e) and (f) of this Paragraph, Any any retired teacher who returns to active service covered by the provisions of this Chapter within the twelve-month thirty-six-month period immediately following the effective date of such retirement shall have his retirement benefits suspended for the duration of such active service or the lapse of twelve thirty-six months from the effective date of his retirement, whichever occurs first, even if such service is based on employment by contract or corporate contract."
"(d) Except as provided in Subparagraphs (e) and (f) of this Paragraph, If if the reemployment of a retired teacher is based on an agreement between the retired teacher and his employer where such agreement was perfected prior to the retiree's effective date of retirement and where the agreement allows for the retiree to become reemployed within twelve thirty-six months immediately following the effective date of his retirement, the retiree shall not be eligible to receive retirement benefits for the twelve-month thirty-six-month period immediately following the effective date of such reemployment, regardless of whether such agreement is express or implied. The provisions of this Subparagraph shall be applied prospectively beginning on July 1, 2001.
* * *"
AN ACT To amend and reenact R.S. 47:301.2(G), relative to the Sales Tax
Streamlining and Modernization Commission; to provide with respect to sunset of the commission; and to provide for related matters.
HOUSE BILL NO. 1093— BY REPRESENTATIVE IVEY
AN ACT To amend and reenact R.S. 24:513(C)(1), relative to reports made by
the legislative auditor regarding public retirement systems; to provide relative to the content of such reports; and to provide for related matters.
AN ACT To amend and reenact R.S. 47:103(D), relative to the individual
income tax return; to provide the requirements for a request for an extension of time to file the return; and to provide for related matters.
Senate Concurrent Resolutions Returned from the House of Representatives
with Amendments
SENATE CONCURRENT RESOLUTION NO. 38— BY SENATORS BISHOP AND THOMPSON AND REPRESENTATIVES BAGNERIS, BOUIE, CHANEY, COX, HENRY, HUNTER, JACKSON, TERRY LANDRY, LYONS, MACK, MARCELLE, MORENO, NORTON, PIERRE, PRICE, RICHARD AND ZERINGUE
A CONCURRENT RESOLUTION To urge and request the committee on parole, Board of Pardons,
Department of Public Safety and Corrections, to conduct a comprehensive review of parole matters and to report on those matters to the Senate Committee on Judiciary C, the House Committee on Administration of Criminal Justice, the First Circuit Court of Appeal, and the Louisiana Supreme Court, not later than December 1, 2016.
The concurrent resolution was read by title. Returned from the House of Representatives with amendments:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Administration of Criminal Justice to Engrossed Senate Concurrent Resolution No. 38 by Senator Bishop
AMENDMENT NO. 1 On page 1, line 2, after "request" delete the remainder of the line and insert "the Department of Public Safety and Corrections, committee on parole"
AMENDMENT NO. 2 On page 1, at the beginning of line 3, delete "Safety and Corrections"
AMENDMENT NO. 3 On page 2, line 5, after "request" delete the remainder of the line and insert "the Depar

SENATE CONCURRENT RESOLUTION NO. 15— OF THE SENATE

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Transcript of SENATE CONCURRENT RESOLUTION NO. 15— OF THE SENATE