Session Update - May 7, 2021

The 2021 Louisiana Legislative session is at the halfway point and bills and amendments are moving through the process. This week, La. Farm Bureau Lobbyist Joe Mapes gives us an update on a few of the issues we've been watching closely related to tax reform, solar energy's use of ITEP and pipelines running through privately owned property.

 

**The bills in bold either had action taken this week or are scheduled to be heard next week.** 

HB 1 by Rep. Jerome “Zee” Zeringue provides for the ordinary operating expenses of state government for Fiscal Year 2021-2022. This bill passed the House by a vote of 101 to 1.

HB 49 by Rep. Neil Riser increases certain weights and measures registration and license fees under the jurisdiction of the Department of Agriculture and Forestry. This bill passed the House by a vote of 97 to 0 and was then referred to the Senate Agriculture Committee.

HB 50 by Rep. John Stefanski provides a state and local sales and use tax exclusion for certain re-leases or re-rentals of items of tangible personal property. This bill passed the House by a vote of 101 to 0 and was then referred to the Senate Commerce Committee.

HB 69 by Rep. Scott McKnight provides relative to underground utilities. This bill passed the House by a vote of 97 to 0 and was then referred to the Senate Commerce Committee. 

HB 88 by Rep. C. Denise Marcelle provides relative to industrial withdrawal of groundwater from the Southern Hills Aquifer. This bill was scheduled to be heard by the House Committee on House Natural Resources and Environment but was removed from the hearing. 

HB 104 by Rep. William Wheat, Jr. provides relative to the composition of the Louisiana Board of Animal Health and its regulatory authority over the disposal of livestock animal carcasses.  This bill was passed the House by a vote of 104 to 0 and was then referred to the Senate Agriculture Committee.

HB 116 by Rep. Phillip DeVillier requires law enforcement officers have reason able belief of a weight violation prior to checking the weight of certain vehicles. This bill was scheduled to be heard by the House Transportation Committee on Monday, May 3, but was voluntarily deferred in committee.

HB 177 by Rep. William Wheat, Jr. provides relative to sterilization of animals sold or released for adoption from shelters. This bill passed the House by a vote of 99 to 0 and is now set on the Senate orders.

HB 199 by Rep. Clay Schexnayder (Constitutional Amendment) provides for the State and Local Streamlined Sales and Use Tax Commission. This bill was sent to the Legislative Bureau and then set on the Senate orders.

HB 205 by Rep. Phillip DeVillier (Constitutional Amendment) eliminates the mandatory corporation income tax deduction for federal income taxes paid. This bill was rescheduled to be heard by the House Ways and Means Committee but was voluntarily deferred in committee.

HB 206 by Rep. Mark Wright (Constitutional Amendment) provides for the rates and brackets for purposes of calculation income taxes and eliminates the mandatory income tax deduction for federal income taxes paid for purposes of computing income taxes. This bill was referred to the House Ways and Means Committee.

HB 207 by Rep. Jerome “Zee” Zeringue (Constitutional Amendment) provides for the rates and brackets for purposes of calculating income taxes and eliminates the mandatory deduction for federal income taxes paid for purposes of computing income taxes. This bill was rescheduled to be heard by the House Civil Law Committee but was voluntarily deferred in committee.

HB 208 by Rep. Phillip DeVillier repeals the income tax deduction for federal income taxes paid for purposes of calculating corporation income tax. This bill was rescheduled to be heard by the House Ways and Means Committee but was voluntarily deferred in committee.

HB 209 by Rep. Phillip DeVillier provides for the rate of corporation income tax. This bill was rescheduled to be heard by the House Ways and Means Committee but was voluntarily deferred in committee.

HB 210 by Rep. Mark Wright provides a flat rate for corporation income tax. This bill was referred to the House Ways and Means Committee.   

HB 223 by Rep. Matthew Willard provides relative to proper shelter for an animal. This bill was laid out for consideration in the House on Tuesday, April 27, but was returned to the calendar-subject to call.   

HB 230 by Rep. C. Travis Johnson provides relative to aquaculture development and the Louisiana Aquatic Chelonian Research and Promotion Board. This bill was reported favorably by the House Agriculture Committee and is now set on the House Orders.

HB 231 by Rep. C. Denise Marcell provides relative to the disposition of dogs and other animals used in dog fighting. This bill passed the House by a vote of 89 to 4 and was then referred to the Senate Agriculture Committee.  

HB 245 by Rep. Barbara Carpenter provides relative to employment practices related to wage history, wage disclosure, and retaliation. This bill was reported favorably by the House Committee on House Labor and Industrial Relations and is now set on the House orders.

HB 260 by Rep. Gregory Miller provides for technical corrections and revision of provisions of title 36 of the Louisiana Revised Statutes. This bill was reported favorably the Senate Committee on Senate and Governmental Affairs, set on the Senate orders, and then sent to the Legislative Bureau. 

HB 265 by Rep. Ken Brass provides relative to penalties for unlawful use of an unmanned aircraft. This bill was reported favorably by the House Committee on House Administration of Criminal Justice and set on the House orders.

HB 269 by Rep. Timothy Kerner provides relative to destruction of imported food which is subject to import ban. This bill was reported favorably by the House Committee on House Health and Welfare and set on the House orders.

HB 275 by Rep. Neil Riser (Constitutional Amendment) eliminates the mandate for the corporation income tax deduction for federal income taxes paid. This bill was reported favorably by the House Civil Law Committee and then set on the House orders.

HB 292 by Rep. Neil Riser repeals the income tax deduction for federal income taxes paid for purposes of calculation corporation income tax. This bill passed the House by a vote of 77 to 20 and was then referred to the Senate Revenue and Fiscal Affairs Committee.

HB 293 by Rep. Neil Riser provides for the rate of corporation income tax. This bill passed the House by a vote of 88 to 11 and was then referred to the Senate Revenue and Fiscal Affairs Committee.

HB 317 by Rep Timothy Kerner establishes a fee to support testing and monitoring for harmful substances in imported seafood. This bill was reported favorably by the House Committee on House Health and Welfare, set on the House orders, and then recommitted to House Appropriations.

HB 331 by Rep. Ryan Bourriaque (Constitutional Amendment) authorizes the state to enter into certain agreements with landowners concerning boundaries between state claimed and privately claimed water bottoms. This bill was reported favorably by the House Committee on House Natural Resources and Environment and is now set on the House orders.

HB 343 by Rep. Beau Beaullieu provides relative to wine producers.  This bill passed favorably by the House Judiciary Committee and is now set on the House orders.  

HB 353 by Rep. Mandie Landry provides relative to stronger background checks for gun purchases. This bill was scheduled to be heard by the House Committee on House Administration of Criminal Justice but was voluntarily deferred in committee.

HB 369 by Rep. Barry Ivey (Constitutional Amendment) provides for a flat rate tax on individual income and eliminates the mandatory income tax deduction for federal income taxes paid for purposes of computing income taxes. This bill was laid out for consideration in the House but was returned to the calendar – subject to call. 

HB 376 by Rep. Barry Ivey provides a flat tax rate for purposes of calculating income taxes for individuals, estates, and trusts and modifies income tax credits and deductions. This bill was laid out for consideration in the House but was returned to the calendar – subject to call. 

HB 399 by Rep. Dewith Carrier allows state and private landowners to enter into boundary agreements concerning disputed property. This bill was set on the House orders but was returned to the calendar – subject to call.

HB 404 by Rep. Francis Thompson provides relative to lifetime livestock brand recordation and fees. This bill was reported favorably by the House Agriculture Committee and is now scheduled for debate on the House floor on Monday, May 10.

HB 417 by Rep. Barry Ivey (Constitutional Amendment) revises Article VII of the Constitution of Louisiana. This bill passed favorably by the House Civil Law Committee and is now scheduled for floor debate on Tuesday, May 11.

HB 437 by Rep. Foy Gadberry provides relative to enforcement of the state uniform construction code. This bill passed the House by a vote of 66-21 and was then referred to the Senate Commerce Committee.

HB 441 by Rep. Mandie Landry (Constitutional Amendment) provides for the rates and brackets for purposes of calculation individual income tax and the deduction for federal income taxes paid when calculating income tax liability. This bill was scheduled to be heard by the House Committee on House Ways and Means on Wednesday, April 19, but was voluntarily deferred in committee. 

HB 444 by Rep. Stuart Bishop provides for the termination of certain tax exemptions, exclusions, credits, deductions, and other tax incentives. This bill was scheduled to be heard by the House Ways and Means Committee on Wednesday, April 14, at 9:00 a.m.  It was voluntarily deferred in committee. 

HB 448 by Rep. Robby Carter repeals state taxes levied on the taxable income of individuals and corporations and repeals tax credits, exemptions, deductions, and exclusions. This bill was scheduled to be heard by the House Ways and Means Committee on Tuesday, April 20, but was voluntarily deferred in committee. 

HB 454 by Rep. Phillip DeVillier reduces the amount of certain income tax exclusions, exemptions, deductions, and credits. This bill was rescheduled to be heard by the House Ways and Means Committee but was involuntarily deferred in committee.  

HB 475 by Rep. Richard Nelson phases out the taxed levied on the income of individuals and estates and trusts and reduces the amount of exemptions, deductions, and credits that may be claimed to reduce income tax liability. This bill was scheduled to be heard by the House Committee on House Ways and Means on Tuesday, April 20, but was returned to the calendar – subject to call. 

HB 488 by Rep. Thomas Pressly (Constitutional Amendment) establishes the maximum rate for purposes of calculating individual income taxes and repeals the mandatory deduction for federal income taxes paid. This bill was scheduled to be heard by the House Committee on House Ways and Means but was voluntarily deferred in committee.

HB 504 by Rep. Mark Wright (Constitutional Amendment) provides relative to sales and use tax exemptions for gasoline, diesel fuels, special fuels, food for home consumption, certain residential utilities, and prescription drugs. This bill was referred to the House Committee on House Ways and Means.

HB 520 by Rep. Richard Nelson phases out the corporation income and franchise taxes and reduces the amount of exemptions, deductions, and credits that may be claimed to reduce corporate income and franchise tax liability. This bill failed to pass favorably by the House Committee on House Ways and Means.

HB 526 by Rep. Richard Nelson (Constitutional Amendment) provides for state and local revenue. This bill was recommitted to the House Civil Law Committee.

HB 529 by Rep. Mandie Landry adds additional rates and brackets for purposes of calculating individual income tax ability. This bill was scheduled to be heard by the House Committee on House Ways and Means on Monday, April 19, but was involuntarily deferred by the Committee. 

HB 530 by Rep. Robert “Bob” Owen increases hunting license fees for to provide funding for hog eradication and processing program. This bill was scheduled to be heard by the House Committee on House Natural Resources and Environment but was removed from the hearing. 

HB 543 by Rep. Phillip DeVillier repeals individual income, corporate income, and corporate franchise taxes and repeals all credits, deductions, exemptions, and exclusions from the tax. This bill was scheduled to be heard by the House Committee on House Ways and Means but was voluntarily deferred in committee.

HB 546 by Rep. Thomas Pressly reduces the rates and brackets for purposes of calculating individual income tax liability and the tax liability for estates and trusts and modifies certain income tax credits, exemptions, and deductions. This bill was rescheduled to be heard by the House Committee on House Ways and Means but was voluntarily deferred in committee.

HB 547 by Rep. Thomas Pressly levies a flat corporate income tax, repeals the corporation franchise tax, repeals deductibility of federal income taxes paid, and terminates certain income tax credits. This bill was rescheduled to be heard by the House Committee on House Ways and Means but was voluntarily deferred in committee.

HB 569 by Rep. Timothy Kerner provides for the disposition of funds recovered in settlement of the state and parish coastal zone litigation. This bill was referred to the House Committee on House Natural Resources and Environment.

HB 582 by Rep. Jack McFarland repeals the existing tax on gasoline, diesel, and special fuels and levies a new tax on these motor fuels and an annual tax on electric and hybrid vehicles. This bill is rescheduled to be heard the House Committee on House Ways and Means on Monday, May 11, at 9:00 a.m. in Room 6.

HB 587 by Rep. Robert “Bob” Owen provides relative to the regulation of unmanned aerial and aircrafts systems and the Louisiana Drone Advisory Committee. This bill is scheduled to be heard by the House Transportation Committee on Monday, May 10, at 9:30 a.m., in Room 3. 

HB 590 by Rep. Paula Davis authorizes the board of the Capital Area Groundwater Conservation District to assess fees for capital expenditures and nonpayment. This bill passed the House by a vote of 99 to 0 and was then referred to the Senate Natural Resources Committee. 

HB 605 by Rep. Mark Wright provides relative to sales and use tax reform. This bill was referred to the House Committee on House Ways and Means.

HB 612 by Rep. Richard Nelson provides relative state and local taxes. This bill was scheduled to be heard by the House Committee on House Ways and Means but was returned to the calendar – subject to call.

HB 615 by Rep. Barbara Freiberg adjusts the amount of excise tax levied on gasoline, diesel, and special fuels and levies new taxes on gasoline, diesel, special fuels, and electric and hybrid vehicles. This bill was laid out for consideration in the House but was returned to the calendar – subject to call.

HB 620 by Rep. Larry Bagley provides relative to the fee and gross vehicle weight limits and axle weight limits for special permits. This bill was reported favorably by the House Transportation Committee and then set on the House orders. 

HB 623 by Rep. Jack McFarland provides for increases to fees and self-generated revenue of the department of Transportation and Development. This bill is scheduled to be heard by the House Committee on House Ways and Means on Monday, May 10, at 9:30 a.m. in Room 3. 

HB 629 by Rep. Barry Ivey provides relative to individual income tax, corporation income tax, corporation franchise tax, and ad valorem tax. This bill was laid out for consideration in the House but was returned to the calendar – subject to call. 

HB 632 by Rep. Phillip DeVillier authorizes a special permit to include a divisible load. This bill was reported favorably by the House Transportation Committee and set on the House orders.

HB 639 by Rep. Jerome “Zee” Zeringue provides relative to infrastructure funding. This bill was reported favorably by the House Appropriations Committee and then set on the House orders. 

HB 640 by Rep. Clay Schexnayder provides relative to industrial hemp. This bill is scheduled for debate on the House floor on Monday, May 10.

HB 647 by Rep. C. Travis Johnson creates the Delta Agriculture Research and Sustainability District. This bill was reported favorably as amended by the House Agriculture Committee and is scheduled for floor debate on Monday, May 10.

HB 648 by Rep. Daryl Deshotel establishes a grant program to be administered by the office of broadband development and connectivity in the division of administration. This bill was reported favorably from the House and Governmental Affairs Committee and is scheduled for House debate on Tuesday, May 11.

HB 649 by Rep. Jack McFarland provides relative to the repurchase of certain mechanical equipment by a wholesaler of agricultural equipment. This bill was reported favorably by the House Agriculture Committee and is scheduled for House debate on Monday, May 10.

SB 1 by Sen. Barrow Peacock phases in the dedication of the temporary state sales tax levy to the Transportation Trust Fund. This bill was laid out for consideration in the Senate but passed over on final passage.

SB 6 by Sen. Stewart Cathey, Jr. exempts purchases of utilities used by commercial farmers for on-farm storage from state sales and use tax. This bill passed the Senate by a vote of 38 to 0 and was then referred to the House Ways and Means Committee.

SB 11 by Sen. Kirk Talbot provides an individual and corporation income tax exemption for state and federal COVID-19 relief benefits. This bill passed the Senate by a vote of 37 to 0 and was then referred to the House Ways and Means Committee. 

SB 30 by Sen. Stewart Cathey, Jr. dedicates a portion of the state sales tax to the Transportation Trust Fund. This bill was rescheduled to be heard by the Senate Finance Committee on Monday, May 3, but was voluntarily deferred in committee.

SB 32 by Sen. Stewart Cathey, Jr. repeals the exclusion of certain agricultural products authorized to be samples and analyzed by the commissioner of agriculture. This bill was referred to the House Agriculture Committee.

SB 36 by Sen. Mike Reese provides relative to net operating loss deductions on Louisiana corporation income. This bill was referred to the House Ways and Means Committee.

SB 40 by Sen.  Rick Ward (Constitutional Amendment) to authorize a parish governing authority to levy sales tax on motor fuels with the approval of the parish electors. This bill was referred to the Senate Committee on Senate Revenue and Fiscal Affairs. 

SB 50 by Sen. Troy Carter provides relative to determination of ownership of a domestic animal. This bill passed the Senate by a vote of 34 to 0 and was referred to the House Committee on House Civil Law.

SB 58 by Sen. Glen Womack provides for the identification of certain impounded animals. This bill passed the Senate by a vote of 37 to 0 was then referred to the House Agriculture Committee.

SB 96 by Sen. Eddie Lambert provides for the waste tire program in the Department of Environmental Quality. This bill is scheduled to be heard by the House Natural Resources and Environment Committee on Wednesday, May 12, at 9:00 a.m. in Room 4. 

SB 98 by Sen. Eddie Lambert provides relative to marine products. This bill passed the Senate by a vote of 38 to 0 and was then referred to the House Transportation Committee. 

SB 103 by Sen. Bob Hensgens creates the Louisiana Equine Promotion and Research Program. This bill passed the Senate by a vote of 34 to 0 and then referred to the House Agriculture Committee. 

SB 122 by Sen. Bret Allain provides for monies collected from enforcement actions of coastal use permits. This bill passed the Senate by a vote of 27 to 8 and then referred to the House Natural Resources Committee. 

SB 157 by Sen. Bret Allain and Sen. Stuart Bishop exempts certain mobile workers from individual income tax and their employers from withholding tax. This bill is scheduled to be heard by the House Ways and Means Committee on Tuesday, May 11, at 9:00 a.m. in Room 6.

SB 159 by Sen. Bret Allain and Sen. Stuart Bishop (Constitutional Amendment) to reduce the maximum rate of individual income tax and to provide for a federal income tax deduction as provided by law. This bill is scheduled to be heard by the House Ways and Means Committee on Tuesday, May 11, at 9:00 a.m. in Room 6. 

SB 161 by Sen. Bret Allain extends the termination date of the exemption from corporate franchise tax for small business corporations. This bill is scheduled to be heard by the House Ways and Means Committee on Tuesday, May 11, at 9:00 a.m. in Room 6.

SB 169 by Sen. Bret Allain provides relative to the Louisiana Underground Utilities and Facilities Damage Prevention Law. This bill is scheduled to be heard by the House Commerce Committee on Tuesday, May 11, at 9:30 a.m. in Room 1.

SB 177 by Sen. Barry Milligan (Constitutional Amendment) to create the State and Local Streamlined Sales and Use Tax Commission. This bill was referred to the Senate Committee on Senate Revenue and Fiscal Affairs. 

SB 185 by Sen. Bret Allain provides for regulation of leases of land for solar farms. This bill was set on the Senate orders and then recommitted to the Senate Finance Committee to be heard on Monday, May 10, at 10:00 a.m., in Room A-B.

SB 190 by Sen. Gary Smith transfers stationary weight enforcement to DOTD. This bill was referred to the House Transportation Committee.

SB 228 by Sen. Katrina Jackson and Sen. C. Travis Johnson creates the Louisiana Agricultural Recover Fund and Program. This bill was rescheduled to be heard the Senate Finance Committee on Monday, May 3, but was voluntarily deferred.

SB 233 by Sen. Rick Ward provides for the disposition of funds recovered in settlement of the state and parish coastal zone litigation.  This bill was voluntarily deferred by the Senate Natural Resources Committee.

Monica Velasquez