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2016 Legislative Update

2016 Legislative Update. Tyron Picard & Nick Cahanin. Presentation Overview. “The State We’re In” How did we get here? Budget 2016 1 st Special Legislative Overview 2016 Regular Legislative Session Overview 2016 2 nd Special Session Overview Politics Federal Election Overview

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2016 Legislative Update

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  1. 2016 Legislative Update Tyron Picard & Nick Cahanin

  2. Presentation Overview • “The State We’re In” • How did we get here? • Budget • 2016 1st Special Legislative Overview • 2016 Regular Legislative Session Overview • 2016 2nd Special Session Overview • Politics • Federal Election Overview • Congressional Balance of Power Analysis • What's to come?

  3. Setting the Stage… • Louisiana Constitution Article 7: 10 (E) • Balanced Budget. Appropriations by the legislature from the state general fund and dedicated funds for any fiscal year except funds allocated by Article VII, Section 4, Paragraphs (D) and (E) shall not exceed the official forecast in effect at the time the appropriations are made.

  4. The State We’re In… • Higher Education • Funded below southern regional average • Increasing Healthcare Costs • Medicaid expansion and Federal “Repeal & Replace” • Prison Overpopulation • $182 million industry • Retirement • Unfunded Accrued Liability = >$20 billion • Infrastructure • $12 billion backlog • TTF estimated $275 million

  5. The State We’re In… • Budget – FY15 $600m, FY16 $1.6b, FY17 $2.1b • Higher Education vs. • Tax Credits vs. • Healthcare vs. • Local Government vs. • Transportation vs. • Retirement / Unfunded Accrued Liability

  6. 2016 Legislative Topics "There is a chance if you keeping talking, [this bill] isn't going to get out of here." -- Rep. Steve Carter Agriculture & Forestry Budget Children, Women & Family Civil Law & Procedure Commerce & Consumer Protection Constitutional Amendments Corrections Crimes/Criminal Procedure Healthcare / Medicaid Expansion Higher Education Infrastructure Marijuana Reform Public Records

  7. Budget Timeline • 2012 – present • Louisiana has experienced both mid-year shortfalls and budget deficits year after year • 2016 1st Special and Regular Sessions ($600m + $1.6b) • 2016 2nd Special Session ($2.1b)

  8. 2016 1st Special Session

  9. 2016 1st Special Session

  10. 2016 1st Special Session

  11. 2016 1st Special Session

  12. 2016 2nd Special Session

  13. 2016 2nd Special Session

  14. 2016 Regular Legislative Session

  15. 2016 Regular Legislative Session

  16. 2016 Regular Session Topics “Facts are interesting, but they are irrelevant.” –Speaker Chuck Kleckley (R, Lake Charles) • Agriculture & Forestry • ACT 219 – reduces membership of LA Crawfish Promotion and Research Board • ACT 404 – Sets up and establishes guidelines for “Farm to School” Program • ACT 545 – Allows commissioner of Agriculture to establish fee for drones • Children, Women & Family • ACT 387 – mandates a secure waiting area during court proceedings for victims, witnesses, or families in cases involving violent crimes • ACT 97 – Mandatory 72 hour waiting period for Abortion • ACT 98 – mandates physician performing abortion must board certified OB/GYN • Surrogacy Contracts • ACT 494 – provides regulatory framework for contracts between parents and gestational carriers

  17. 2016 Regular Session Topics “Let’s vote!” – Senator Neil Riser • Criminal Justice • ACT 501 – “Raise the Age” raises the age of Juvenile Court jurisdiction to include 17 year olds • ACT 509 – creates procedure for designating certain crimes in the court minutes as a crime of violence and provides benefits of such • ACT 421 – minimum sentencing made discretionary for non-violent offenders • ACT 399 – allows victims of domestic abuse to offer evidence of the accused’s past abusive behavior • ACT 645 – allows a person with a protective order for abuse to obtain temporary concealed handgun permit • ACT 119 – allows flexibility in venue for expedited hearings to address abuse in multi-parish judicial districts

  18. 2016 Regular Session Topics “Have your affairs in order” Congressman-Elect Clay Higgins • Commerce & Consumer Protection • ACT 496 – provides for the OPTION of issuance of REAL ID • ACT 124 – background check. Authorized reporting for court orders restricting a persons use/possession of a firearm • ACT 426 - background check. Authorized reporting for mental health cases preventing possession of firearm under federal law • ACT 212 – allows person with expunged or pardoned felony convictions to become eligible to purchase firearm under certain conditions

  19. 2016 Regular Session Topics “I have never been the greatest of all politicians” – Commissioner Jay Dardenne • Human Trafficking • ACT 269 – expands the crime of human trafficking to specific elements of persons under the age of 21. prohibits the “lack of knowledge” to be raised as a defense • Crimes & Procedure (Sex Offenses) • ACT 629 – extends time limit to file civil suits for sexual assault from 2 to 3 years • ACT 82 – limits who may access evidence of crimes of obscenity, video voyeurism, and child pornography • Law Enforcement • HCR 59 – created LA Law Enforcement Body Camera Implementation Task Force to study and make recommendations on best practices

  20. 2016 Regular Session Topics “One of these days the people of Louisiana are going to get good government – and they aren’t going to like it” – Huey Long • Healthcare • ACT 252 – allows telemedicine physicians to prescribe controlled substances • ACT 630 – repeals requirement that physician maintain an office in LA (telemed) • ACT 396 – allows patient access to PT without referral • ACT 96 – expands disease states applicable to the “recommendation” of medical marijuana by a physician • Medical Records • ACT 627 – allows entire medical records to be obtained in the form “in which they exist” • Unauthorized Practice of Law • ACT 204 – allows and aggrieved party to file a petition to enjoin an actor from engaging in unauthorized practice of law and allows for aggrieved party to file suit against actor

  21. 2016 Regular Session Topics “I could stand in the middle of Fifth Avenue and shoot people and I wouldn't lose voters.” – President Elect Donald Trump • Employment • ACT 398 – “Ban the Box” bans criminal record inquiries on initial applications for state and local government jobs • ACT 538 – requires judge to issue temporary certificate of employability to an offender in the re-entry program, and permanent certificate to offender who has completed program. Provides immunity to employer • Minimum Wage/Equal Pay • 7 bills were filed to increase minimum wage. All failed • 5 bills filed to amend Equal Pay for Women Act. All failed • Public Records • ACT 525 – exempts body audio and video footage generated by law enforcement from disclosure if they violate a person’s reasonable expectation of privacy

  22. 2016 Regular Session Topics • Immunity • ACT 355 – expands immunity in the Right To Try Act to include manufacturers of investigational drugs • Medical Malpractice • SR 12 – requests Senate Health & Welfare and Judiciary Committees to study med mal cap and surcharges • Wildlife & Fisheries • ACT 7 – adds “Blaze Pink” as an alternative to hunter orange • TOPS

  23. 2016 Constitutional Amendments “This is going to be my last political job, elected or appointed. Period.” – Senator David Vitter • Constitutional Amendments • Voters approved Amendment 1, which will enact residency, education and experience qualifications for new registrars of voters. • Voters rejected Amendment 2, which would have given Louisiana's four public college system management boards the authority to change tuition and fee rates on college campuses without needing approval from state lawmakers. • Voters rejected Amendment 3, which would have done away with a tax break that allows businesses to deduct the federal income taxes they pay from their state tax liability. Corporations in exchange would have been taxed at a flat rate of 6.5 percent, rather than varying rates from 4 percent to 8 percent, starting in 2017. • Voters approved Amendment 4, which will exempt the surviving spouses of military personnel, police officers or firefighters killed in the line of duty from having to pay local property taxes on their homes. • Voters approved Amendment 5, which will create a new Revenue Stabilization Trust Fund to be filled with oil and gas revenue and corporate taxes when those collections are higher than usual. Once the fund reaches $5 billion, up to 10 percent could be spent on construction projects and roadwork. Another portion of oil and gas money will pay down state retirement debt. • Voters rejected Amendment 6, which would have made it easier for lawmakers to tap into protected funds when the state faces financial troubles.

  24. Balance of Power – U.S. Senate “I hate republicans. They are cruel and destructive. They eat their young. They don’t think…they are bullies” – Lt. Gov. Candidate Caroline Fayard

  25. Balance of Power – U.S. House “I buy companies like you buy and sell stocks… Wait. Don’t make me sound arrogant” – John Georges

  26. 2016 Louisiana Congressional Delegation • Louisiana Senators • Senator Bill Cassidy (R, Baton Rouge) • Senator-Elect John Kennedy (R, Mandeville) • Louisiana Congressmen • LA01 • Majority Whip Steve Scalise (R) • LA02 • Cedric Richmond (D) • LA03 • Clay Higgins (R) • LA04 • Mike Johnson (R) • LA05 • Ralph Abraham (R) • LA06 • Garret Graves (R)

  27. 2017 Legislative Session • 2017 Legislative Session • “Tax Session” • Can file up to 5 regular bills • Can file unlimited fiscal bills • Begins April 10th @ noon • Ends June 8th @ 6:00pm

  28. What’s to come? • Higher Education Funding • K-12 Funding • Medicaid Expansion (Federal) • Criminal Justice Reform • Prison Overpopulation • Budget Reform • Eliminating more tax exemptions • “Equal Pay for Equal Work” • Minimum Wage Increase • Tort Reform (LABI) • Tax Reform • Fuel Tax • Increase to $.40 per gallon

  29. Questions? Tyron Picard & Nick Cahanin

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