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.
Reported without amendments.
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.
Reported without amendments.
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.
Reported without amendments.
Clerk of the House of Representatives
Message from the House
DISAGREEMENT TO HOUSE BILL
To the Honorable President and Members of the Senate:
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
1009
Page 2 SENATE 40th DAY'S PROCEEDINGS May 24, 2016
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
Clerk of the House of Representatives
Message from the House
DISAGREEMENT TO HOUSE BILL
To the Honorable President and Members of the Senate:
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.
Respectfully submitted, ALFRED W. SPEER
Clerk of the House of Representatives
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.
The resolution was read by title and placed on the Calendar for a
second reading.
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.
1010
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.
Message from the House
May 23, 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 passed and asks your concurrence in the
following House Bills and Joint Resolutions:
HB No. 722 HB No. 887 HB No. 1099
Respectfully submitted, ALFRED W. SPEER
Clerk of the House of Representatives
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.
The bill was read by title and placed on the Calendar for a second
reading.
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.
The bill was read by title and placed on the Calendar for a second
reading.
Message from the House
May 23, 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 passed and asks your concurrence in the
following House Concurrent Resolutions:
1011
HCR No. 102 HCR No. 108
Respectfully submitted, ALFRED W. SPEER
Clerk of the House of Representatives
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.
The resolution was read by title and placed on the Calendar for a
second reading.
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.
The resolution was read by title and placed on the Calendar for a
second reading.
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
1012
40th DAY'S PROCEEDINGS Page 5 SENATE May 24, 2016
The Chair declared the Senate concurred in the House Concurrent
Resolution and ordered it returned to the House.
HOUSE CONCURRENT RESOLUTION NO. 140— BY REPRESENTATIVE LEGER
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
The Chair declared the Senate concurred in the House Concurrent
Resolution and ordered it returned to the House.
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
The Chair declared the Senate concurred in the House Concurrent
Resolution and ordered it returned to the House.
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,
1013
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
To the President and Members of the Senate:
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.
Reported with amendments.
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.
Reported with amendments.
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
To the President and Members of the Senate:
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
1014
40th DAY'S PROCEEDINGS Page 7 SENATE May 24, 2016
receive autopsy records, writings, and documents and coroner
reports; and to provide for related matters.
Reported with amendments.
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.
Reported with amendments.
HOUSE CONCURRENT RESOLUTION NO. 69— BY REPRESENTATIVE LEGER
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.
Reported with amendments.
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
To the President and Members of the Senate:
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.
Page 8 SENATE 40th DAY'S PROCEEDINGS May 24, 2016
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
To the President and Members of the Senate:
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.
HOUSE BILL NO. 459— BY REPRESENTATIVE DANAHAY
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.
HOUSE BILL NO. 471— BY REPRESENTATIVE DANAHAY
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.
HOUSE BILL NO. 727— BY REPRESENTATIVE GREGORY MILLER
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.
HOUSE BILL NO. 898— BY REPRESENTATIVE GREGORY MILLER
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.
40th DAY'S PROCEEDINGS Page 9 SENATE May 24, 2016
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.
Reported with amendments.
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.
Reported with amendments by the Committee on Finance.
SENATE COMMITTEE AMENDMENTS
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.
1017
SENATE COMMITTEE AMENDMENTS
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.
Reported with amendments by the Committee on Retirement.
SENATE COMMITTEE AMENDMENTS
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.
Reported favorably by the Committee on Retirement. The bill was
read by title and referred to the Legislative Bureau.
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.
Reported favorably by the Committee on Retirement. The bill was
read by title and referred to the Legislative Bureau.
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.
Reported with amendments by the Committee on Retirement.
SENATE COMMITTEE AMENDMENTS
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"
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. 56— BY REPRESENTATIVE LEGER
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.
Reported favorably by the Committee on Retirement. The bill was
read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 57— BY REPRESENTATIVE LEGER
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.
Reported favorably by the Committee on Retirement. The bill was
read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 58— BY REPRESENTATIVE LEGER
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.
Reported with amendments by the Committee on Retirement.
SENATE COMMITTEE AMENDMENTS
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)"
1018
40th DAY'S PROCEEDINGS Page 11 SENATE May 24, 2016
AMENDMENT NO. 3 On page 1, delete lines 15 through 19
AMENDMENT NO. 4 On page 2, line 10, change "administration" to
"administrative"
AMENDMENT NO. 5 On page 3, between lines 3 and 4, insert the
following:
* * *"
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. 59— BY REPRESENTATIVE LEGER
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.
Reported favorably by the Committee on Retirement. The bill was
read by title and referred to the Legislative Bureau.
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.
Reported with amendments by the Committee on Retirement.
SENATE COMMITTEE AMENDMENTS
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)"
AMENDMENT NO. 4 On page 2, between lines 7 and 8, insert the
following:
* * *
(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.
* * *"
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. 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.
Reported with amendments by the Committee on Retirement.
SENATE COMMITTEE AMENDMENTS
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"
AMENDMENT NO. 3 On page 2, between lines 11 and 12, 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
1019
Page 12 SENATE 40th DAY'S PROCEEDINGS May 24, 2016
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.
* * *"
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. 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.
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. 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.
Reported favorably by the Committee on Finance. The bill was read
by title and referred to the Legislative Bureau.
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.
SENATE COMMITTEE AMENDMENTS
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.
HOUSE BILL NO. 737— BY REPRESENTATIVE ABRAMSON
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.
Reported with amendments by the Committee on Revenue and Fiscal
Affairs.
1020
SENATE COMMITTEE AMENDMENTS
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."
AMENDMENT NO. 4 On page 1, line 16, delete "Section 2." and insert
"Section 3."
AMENDMENT NO. 5 On page 2, line 1, delete "Section 3." and insert
"Section 4."
On motion of Senator Morrell, the committee amendment was adopted.
The amended bill was read by title and referred to the Legislative
Bureau.
HOUSE BILL NO. 738— BY REPRESENTATIVE ABRAMSON
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.
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. 756— BY REPRESENTATIVE ABRAMSON
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.
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. 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.
Reported with amendments by the Committee on Finance.
SENATE COMMITTEE AMENDMENTS
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.
AMENDMENT NO. 2 On page 2, between lines 19 and 20, insert the
following:
"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
Page 14 SENATE 40th DAY'S PROCEEDINGS May 24, 2016
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.
HOUSE BILL NO. 772— BY REPRESENTATIVE ABRAMSON
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.
Reported with amendments by the Committee on Revenue and Fiscal
Affairs.
SENATE COMMITTEE AMENDMENTS
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
1022
40th DAY'S PROCEEDINGS Page 15 SENATE May 24, 2016
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."
On motion of Senator Morrell, the committee amendment was adopted.
The amended bill was read by title and referred to the Legislative
Bureau.
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.
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. 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.
Reported favorably by the Committee on Finance. The bill was read
by title and referred to the Legislative Bureau.
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.
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. 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
1023
circumstances; to provide a definition; to provide for reporting
requirements; and to provide for related matters.
Reported with amendments by the Committee on Retirement.
SENATE COMMITTEE AMENDMENTS
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."
AMENDMENT NO. 5 On page 2, between lines 12 and 13, insert the
following:
"(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.
* * *"
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. 1060— BY REPRESENTATIVE STOKES
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.
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. 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.
Reported favorably by the Committee on Retirement. The bill was
read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 1103— BY REPRESENTATIVE STOKES
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.
Reported favorably by the Committee on Revenue and Fiscal Affairs.
The bill was read by title and referred to the Legislative
Bureau.
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