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Louisiana Update – March 25, 2022
Relatively uneventful second week but don’t get comfortable
Week two of the legislature wrapped up yesterday without a lot of fanfare. As a reminder: legislators may continue filing bills (up to five apiece) until April 5th. After that point, all the cards will be on the table and activity will likely speed up a good bit.
Later today we should learn whether the legislature will attempt to override Gov. John Bel Edwards’s veto of a bill containing new congressional maps which passed last month during the special session on redistricting. The move would be the second time the legislature has attempted override Gov. Edwards in less than a year. The move would also occur during a regular legislative session that has plenty of high-stakes spending due to a massive surplus and at a time when tensions couldn’t be higher between the governor and top GOP leadership from both chambers (which also holds heavy GOP majorities).
Harsh bill for employers temporarily deferred
House Health and Welfare Chairman Rep. Larry Bagley, R-Stonewall, this week temporarily deferred his HB 54, which would make it a crime for employers for discriminating against people unvaccinated for COVID-19.
Business incentives
Louisiana Association of Business and Industry (LABI) recently highlighted a number of business incentive-related bills that are worth monitoring:
· SB 12 - Sen. Mike Reese (R-Leesville)
The Competitive Projects Payroll Incentive Program was created to permit payroll and capital expenditure rebates to qualifying businesses invited by the LED to participate in the program. Qualifying employers must engage in a certain type of industry, have at least 50% of their sales outside the state, create a stipulated number of net new jobs in Louisiana, provide health benefits for their workers, and be judged to cause a positive economic benefit to the state. Contracts for these rebates are for a five-year period, and if the business remains in compliance during that initial period, it is eligible for another five-year rebate contract. The program will sunset July 1, 2022. This bill would extend the program to July 1, 2026.
· SB 28 - Sen. Bret Allain (R-Franklin)
Last year, Sen. Allain passed a bill (Act 287, which was supported by LABI) to conform state requirements for partnerships reporting audit adjustments on their taxable income with federal audit adjustments. This bill would make technical corrections regarding references in law to the calculation of total distributive shares of reported adjustments among tiered partners.
· SB 41 - Sen. Mike Reese (R-Leesville)
The Louisiana Quality Jobs Program permits qualifying businesses locating or expanding in Louisiana to receive payroll tax credits or rebates Qualifying employers must create a stipulated number of new direct jobs. These jobs must meet a statutorily provided minimum hourly wage amount and come with eligibility for health insurance. The program will sunset July 1, 2022. The bill would extend the program to June 30 , 2026. The bill also changes the payroll credit or rebate to an incentive pursuant to the terms within the contract with LED.
A few of the bills AIA LA is currently keeping a close watch on (some favorable; some of concern, so please feel free to email the office should you have questions, concerns, or specific insight into any that you wish to share):
Multiple Historic Preservation bills in various areas of the state.
HB 305 | Gadberry, Foy(R) | Relative to LAPELS.
HB 555 | Owen, Charles(R) | Relative to occupational licenses.
HB 571 | Gadberry, Foy(R) | Relative to the State Uniform Construction Code.
HB 597 | Freeman, Aimee(D) | Relative to occupational licensing.
HB 598 | Selders, Larry(D) | Prohibits a building inspector from using his discretion in determining the applicability of building codes.
HB 619 | Selders, Larry(D) | Provides for immunity from civil liability for public entities when an owner or contractor fails to obtain the proper building permits, licenses, and inspections.
HB 699 | LaCombe, Jeremy(D) | Relative to compensation for members of the planning and zoning commission for the town of Addis.
HB 710 | Stefanski, John(R) | Relative to the provisions of CMAR method of delivery.
HB 803 | Gadberry, Foy(R) | Relative to the Building Energy Code for State-Owned Bldgs.
SB 382 | Peacock, Barrow(R) | Prohibits requiring construction of a storm shelter during the construction or renovation of a public school.
Article of interest
https://www.theadvocate.com/baton_rouge/news/politics/legislature/article_6aac1af4-abb8-11ec-b545-c34bcbd2666e.html
Lawmaker delays vote on bill to ban vaccination inquires amid a flurry of questions
He wants to criminalize asking someone about their COVID vaccination status
By Mark Ballard
Baton Rouge, LA – The Advocate
March 24, 2022
It was what followed “but” in sentences his Republican colleagues started with florid descriptions of their support that led state Rep. Larry Bagley to temporarily pull his bill to make a crime out of discriminating against people unvaccinated for COVID-19.
After “voluntarily deferring” House Bill 54, sponsor Rep. Larry Bagley, R-Stonewall, ticked off on his fingers the representatives he would meet with to wrestle with the language that would get them to vote on his proposal.
“As soon as I can, today, if possible,” Bagley said after the hearing before the House Committee on the Administration of Criminal Justice.
HB54 stated that nobody working for a store, agency restaurant or any public facility “shall inquire about the COVID-19 vaccination status of anyone seeking admission on the entity's premises.” Asking that question would mean jail time and a fine.
“I agree with the intent of your bill,” state Rep. Richard Nelson, R-Mandeville, told Bagley. “But, I would tell you that I disagree with the means.”
Nelson would prefer the legislation to forbid government from enforcing or making orders that require, say, concerts, sporting events, restaurants or grocery stores to make their customers show "proof of vaccination" cards.
Baton Rouge Republican Rep. Scott McKnight feared that people who run businesses out of their homes would no longer be able to throw parties for their friends or holiday events for their families that include, as many do, instructions on wearing masks or having received vaccinations.
And then there were the concerns lifted up by hospital administrators whose co-workers and patients have died by hundreds from the highly infectious and often deadly COVID infections. Bagley promised to work on that bit too.
State Rep. Alan Seabaugh, R-Shreveport, removed the jail time penalty – six months – but left the $1,000 fine. State Rep. Nicholas Muscarello, R-Hammond, changed instructions to police enforcing the provisions from arresting to issuing summons to offenders.
Bagley finally asked the committee if he could postpone further consideration until he worked out these issues.
Forbidding proof-of-vaccination requirements has become a recent cause célèbre – particularly opponents of the Biden administration’s efforts to end the pandemic. Twenty states, all with Republican governors, have passed laws banning businesses from asking customers about vaccination status.
Alaska and Idaho approved the law this week. Last Friday, a federal District Court judge temporarily blocked Montana’s controversial vaccine discrimination law from going into effect.
Six states led by Democrats have created laws and adopted technology to make it easier for people show whether they have been vaccinated.
Bagley’s decision to delay a vote left hearing room full of backers on hand to testify that the imposing vaccination and masking requirements curtailed their personal freedoms.
Bagley hopes he can make the necessary changes and return to a hearing next week.
The House on Thursday voted 58-23 for a bill that would ban the state from making vaccinations for the coronavirus a condition to obtain a state-issued driver's license.
Gov. John Bel Edwards vetoed a similar measure last year.
The proposal is House Bill 232 by Rep. Kathy Edmonston, R-Gonzales.
It next faces action in the Senate.
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