2018 Full Legislative Update

LMA LEGISLATIVE SUMMARY FOR 2018 SESSIONS
compiled by the Legislative Team of the Louisiana Municipal Association
(225) 344-5001 ■ (800) 234-8274 ■ www.lma.org ■ kwhite@lma.org
First Special Session (2/19 – 3/5)
• The session had the stated purpose of addressing the fiscal cliff for the FY19 operating budget,
which was estimated at $648 million after federal tax changes.
• The debate centered around how to address it: budget reform vs. increasing sales tax vs. increasing
income tax.
• At sine die, nothing had been done about the cliff, and only two measures passed:
‣ HB 10 – protects homeowners who flooded in 2016 from having to file amended returns and
pay additional state income taxes
‣ HB 27 – increases the monthly wireless telecommunications fee to benefit the deaf by ½ cent
(.05¢), from 4.5¢ to 5¢
Regular Session (Non-fiscal) (3/12 – 5/18)
• There were 901 House bills, 564 Senate bills, and 751 resolutions filed (totaling 2,216), which
were reviewed and sorted for tracking by LMA Legislative Team – we tracked a total of 256 bills
and resolutions.
• Because this was a non-fiscal session, the legislature could not raise any revenue, which stymied
the budget process. In the end, HB 1, the proposed operating budget for FY19, was labelled a
“fake” or “pretend” budget, and was passed by both chambers, but was immediately vetoed by
Gov. Edwards.
• Further, while HB 2, the capital outlay budget, passed with LGAP and CWEP funded at $5M each,
HB 3, the omnibus bond funding bill, did not pass. Thus, at the conclusion of the regular session,
there was great uncertainty and acrimony about the state budget, spending, and taxation.
• Of the tracked bills, 112 became law, and are summarized below, along with some defeated
legislation.
• LMA Package / LMA Supported Bills: these bills moved successfully through the legislative
process
‣ HB 230 – a LMA package bill, it allows another option for municipal investment
‣ HB 286 – allows local police departments to charge up to $20 for crash reports over 2 pages,
subject to LSP caps
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‣ HB 315 – increases the fess for constables and marshals for civil processing
‣ HB 408 – confirms the authority of locals to set EMS reimbursement rates, and provides
stability therein
‣ HB 604 – provides health insurance for the families of LEO’s killed in the line of duty for 2
years afterwards
‣ HB 629 – allows the creation of a “municipal consortium,” intended to be an online version of
the Main St. program
‣ HB 819 – a LMA package bill, it changes the language of the Public Bid Law to allow for
electronic submissions
‣ SB 3 – provides MPERS survivor benefits to surviving spouses of officers killed in the line of
duty by someone with intent to kill
‣ SB 12 – provides survivor benefits for the children of slain police officers under MPERS
‣ SB 261 – clarifies/expands the insurance benefits provided to LEO’s who sustained
catastrophic injury in the line of duty
‣ SB 263 – CA to permit the “borrowing” of public equipment and personnel with a written
agreement
‣ SB 312 – reduces the notification mandate for proposing or renewing property taxes from 30
days to 20 days, thereby making the process easier in small municipalities whose official
journal or regular meeting schedule may not accommodate
‣ SB 426 – creates the Local Government Public Finance Act to provide uniformity and clarity
in municipal bond issuance
‣ SB 499 – mandates that the Legislative Auditor provide a best practices list to local auditees
• Successfully Defeated Bills: with assistance from our local government partners, our
membership, and sometimes strange bedfellows, many bills that would have adversely affected
municipal governments were stopped. We had a very successful year, but here are just a few:
‣ Capital Outlay Bills – HB 90, HB 122, and HB 132 all sought to overhaul the capital outlay
process to make is more difficult for locals to access that funding, namely by repealing
executive authority in favor of a 30-member approval committee, making the local match a
non-waivable, mandatory match based on total project cost (not total funding sought), and
abolishing all capital outlay funding to NGO’s
‣ HB 500 – proposed a Constitutional Convention, including rewriting Articles VI, VII, VIII, X,
XII, any section dealing with revenue or a fund, sub-fund, account, or other designation of
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funds, and Article XIV. local government finance; levee districts and regional floor protection
authorities; all methods of taxation; revenue sharing; the Transportation Trust Fund; the
Minimum Foundation Program to fund K-12; and higher education management and funding.
We joined the Police Jury Association, School Board Association, Sheriff's Association,
Assessor's Association, School Superintendents, District Attorneys Association, and the
Louisiana Conference of Mayors, among others, in opposing the bill.
‣ SB 462 – this preemptive bill would have abolished the local authority to mandate inclusionary
zoning as part of economic development and community betterment; it was passed by both
chambers, but we subsequently vetoed
• Cooperative Efforts: the LMA Legislative Team worked closely with legislators and stakeholders
to protect municipal interests, while allowing the bills to move forward in the legislative process.
‣ HB 749 – a.k.a., the “Uber/Lyft” bill, this provided uniform regulations for transportation
network companies in LA. Last year, the LMA Legislative Team joined forces with other
stakeholders to beat this preemptive bill. This year, the TNC’s were willing to negotiate with
local governments, and we agreed on language that addressed our members’ concerns so that
we were neutral on the bill. Despite our neutrality, the bill failed to pass.
‣ HB 900 – this effort led by Treasurer Schroder establishes a revolving, low-interest capital
outlay loan fund for locals to use, which is funded from the unclaimed property state fund.
This bill was vetoed by Gov. Edwards on 5/31.
• Legislation Regarding the Practice of Law: there were both substantive and administrative
changes to note, here.
‣ HB 5 – provides that a dismissal after settlement does not equate to a “voluntary dismissal”
for the purposes of the interrupting prescription
‣ HB 6 – mandates that courts sets pretrial conferences upon request when a suit has been
pending for more than one year
‣ HB 16 - mandates that the court take judicial notice of all laws without any action by a party
‣ HB 174 – provides a multitude of revisions to the CCP, mostly clerical in nature
‣ HB 550 – reduces the time delay to respond to written interrogatories from 30 days to 15 days
in family law matters
‣ HB 723 – if a public records custodian sues a requestor based on their request, and the requestor
prevails, they will get attorneys fee and costs of litigation
‣ HB 744 – during an emergency or disaster, a court may sign orders and judgments outside of
its territorial jurisdiction
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• Mayor’s Court:
‣ HB 622 – delays the implementation of income-sensitive payment of criminal fines, fees,
costs, and restitution until August of 2019
‣ HB 669 – gives the presiding judge/magistrate discretion whether to suspend or place a
hold on the driver’s license of a person who fails to appear for court
• Ethics Legislation:
‣ HB 7 – changes “sworn statement” to “certification” for elected officials disclosing transaction
with governmental entities
‣ HB 51 - provides a dual officeholding exception for certain CPAs
‣ HB 86 – provides an ethics exception regarding park rental to immediate family members
‣ HB 188 – provides exceptions for acceptance of transportation, admission, and lodging under
certain circumstances
‣ HB 346 – removes an exception for persons who have served as a board member or mayor’s
designee on a board, to later be employed by that board
• Retirement Legislation: the bills noted below are largely ministerial in nature
‣ Firefighters Retirement System – HB 9, HB 40, HB 41
‣ MERS – HB 26, HB 27, HB 28, HB 29, HB 30, HB 31, HB 32, HB 34 (this one applicable
to all systems)
‣ MPERS – HB 771, SB 7, SB 8
• Opposed Bills: despite vigorous opposition, there were a few adverse bills that passed.
‣ SB 94 – if public contracts are not paid within 45 days of acceptance of the work, then .5%
interest will attach per day up to 15%. Though most municipalities timely pay all invoices, we
opposed this measure for Constitutional and preemptive reasons.
• Tax Matters:
‣ HB 155 – increases the fees levied by the Tax Commission for certain property assessments
‣ HB 250 – removed the July 15 th publication mandate on roll-forward tax hearings, so that
notice must be simply prior to 30 days before the hearing, etc.
‣ HB 598 – authorizes local taxing authorities to accept payments now in exchange for tax
credits toward future taxes for those under ITEP exemption
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‣ HB 684 – allows municipal governments to grant tax incentives to those who donate money to
the municipality
‣ HB 840 - prohibits the issuance of occupational licenses to an applicant who intends to sell
used tires unless the applicant submits the necessary permits from the Dept. of Environmental
Quality
‣ SB 93 – mandates that notice of intent for ad valorem taxes to fund VFD’s include a statement
that a portion of those funds will go to statewide retirement systems
• Law Enforcement:
‣ HB 112 – provides penalties for persons who expose LEO’s to serious infectious diseases
‣ HB 210 - provides that officers have 30-day notice prior to a hearing to revoke P.O.S.T.
certification
‣ HB 221 – clarifies provision regarding DNA testing of LEO’s
‣ HB 474 – adds domestic violence and deaf communication curriculum to P.O.S.T. certification
training
• Miscellaneous Bills:
‣ HB 35 – added an imprisonment option up to 30 days for gross littering violations
‣ HB 54 – provides new threshold requirements by population for recall elections
‣ HB 135 – creates a non-waivable fee for liquor permits but ONLY as to commercial airlines
‣ HB 388 – streamlines volunteer assistance for disaster recovery via GOHSEP and local
governments
‣ HB 409 – changes the dates regarding precinct change limitations
‣ HB 524 – clarifies the mandatory sexual harassment training for all public employees
‣ HB 573 – allows political subdivisions to perform integrated coastal projects through outcomebased
contracting
‣ HB 579 – adds glaucoma, severe muscle spasms, intractable pain, and post-traumatic stress
disorder to the list of conditions for which a physician may prescribe marijuana
‣ HB 633 – creates a pilot program for LDH to test lead levels in school drinking water
‣ HB 645 – clarifies the requirements and duties for a Uniform Command Group post-disaster
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‣ HB 837 – provides regarding crime prevention districts
‣ SB 360 – reduces the frequency of enhanced audits when a local auditee has 3 years of no
findings
Constitutional Amendments for Fall
(1) ACT 717 (SB 263) – Donation of Public Equipment
Do you support an amendment to permit, pursuant to written agreement, the donation
of the use of public equipment and personnel by a political subdivision upon request to
another political subdivision for an activity or function which the requesting political
subdivision is authorized to exercise? (Amends Const. Art. VII, §14(B))
(2) ACT 718 (SB 164) – Phase-In of Property Tax Increases of 50% or More
Do you support an amendment that will require that any reappraisal of the value of
residential property by more than 50%, resulting in a corresponding increase in property
taxes, be phased-in over the course of four years during which time no additional
reappraisal can occur and that the decrease in the total ad valorem tax collected as a result
of the phase-in of assessed valuation be absorbed by the taxing authority and not allocated
to the other taxpayers? (Amends Article VII, Section 18(A) and (F))
(3) ACT 719 (SB 31) – Felons Holding Public Office
Do you support an amendment to prohibit a convicted felon from seeking or holding public
office or appointment within five years of completion of his sentence unless he is
pardoned? (Adds Article I, Section 10.1)
(4) ACT 720 (SB 59) – Transportation Trust Fund
Do you support an amendment to remove authority to appropriate or dedicate monies in
the Transportation Trust Fund to state police for traffic control purposes? (Amends Article
VII, Section 27(B)(1))
(5) ACT 721 (SB 163) – Special Tax Treatment Extended to Property In Trust
Do you support an amendment to extend eligibility for the following special property tax
treatments to property in trust: the special assessment level for property tax valuation, the
property tax exemption for property of a disabled veteran, and the property tax exemption
for the surviving spouse of a person who died while performing their duties as a first
responder, active duty member of the military, or law enforcement or fire protection
officer? 2 (Adds Article VII, Sections 18(G)(6), 21(K)(4) and (M)(4))
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(6) ACT 722 (SB 243) – Unanimous Jury Verdicts
Do you support an amendment to require a unanimous jury verdict in all noncapital felony
cases for offenses that are committed on or after January 1, 2019? (Amends Article I,
Section 17(A))
Second Special Session (5/22 – 6/4)
• This was crunch time for addressing the FY19 fiscal cliff, and the debate remained substantially
unchanged.
‣ The House plan was to renew 1/3 of the 5th penny, eliminate some sales tax breaks and
continue sales taxes on business utilities, raising $400M; the Senate plan would have renewed
½ of that penny while keeping business utility taxes, extending suspension on tax exemptions,
and imposing a temporary sales tax on immovable property, which would have raised $540M
‣ Though both chambers passed HB 1, supplemental appropriations bills, and HB 3, the budget
fell short of the funding needed to maintain a standstill budget and fund services/state agencies.
Without revenue, it was estimated that public universities would be cut by $96M, TOPS by
30% percent, and there would be big cuts to Corrections, DA’s and Sheriffs.
• In the last moments of this session, which adjourned at midnight, a stalling technique prevented
the House from voting on any revenue-raising measure.
Third Special Session (6/18 – 6/24)
• HB 10: this instrument became “the deal,” setting forth a renewal of .45 of the 5 th penny and
maintaining suspension of exemptions through 2025 ($463M per year)
• HB 1: after passage of HB 10, this new appropriations bill that fully funds TOPS, higher education,
hospitals, nursing homes, food stamps, and other services/state agencies was passed
• The session adjourned 3 days early after four months of contentious fighting.
Read and research legislative instruments online at www.lma.org
and www.legis.la.gov
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