No Clear Direction on Louisiana Tax Policy
LOUISIANA REALTORS • May 10, 2017
No clear direction on Louisiana tax policy as Legislature reaches halfway point
Nola.com
The Louisiana Legislature's 2017 regular session reaches its midpoint Tuesday (May 9) with no clear direction on how lawmakers will rewrite the state's tax laws, if they can reach agreement at all. Some signs of progress emerged Monday as the House tax committee started advancing proposals for consideration, but without any promise that lawmakers on the committee would support the ideas on the House floor.
Out of more than 900 bills filed for the session, none has reached the governor's desk. Portions of Gov. John Bel Edwards' legislative agenda have run into significant opposition, with his main tax bill already jettisoned.
The two-month session must end by June 8. Here's where things stand:
Tax overhaul
Edwards said a tax overhaul is needed to stabilize Louisiana's finances, end years of budget shortfalls and compensate for the expiration of $1.3 billion in temporary taxes in mid-2018. But the Democratic governor's main revenue-raising proposal, to charge a new tax on businesses' gross receipts, failed to gain any traction, and he's since shelved the idea.
Awaiting debate on the Senate floor are measures that would lessen tax breaks. But with most tax bills required to start in the House, senators have only modest work they can do.
House Republican leaders have yet to rally around a specific package of bills. On Monday, the House Ways and Means Committee started advancing measures to change laws governing corporate taxes, individual income taxes and various tax break programs. The panel didn't vote on concepts but simply forwarded them to the full House for consideration while negotiations continue behind the scenes.
State budget
Although House GOP leaders haven't embraced a specific plan for tax policy, they have adopted their approach to next year's more than $29 billion state operating budget. They propose to spend 2.5 percent less than the full forecast of what Louisiana is expected to collect in general state tax dollars, to hedge against concerns the forecast could come up short and force midyear cuts.
House Democrats and Edwards say leaving $235 million on the table could force damaging and unnecessary cuts across government in the fiscal year that begins July 1. Republicans say the Edwards administration is using scare tactics.
Almost all Democrats opposed the budget proposal approved by the House last week. Negotiations shifted to the Senate on Monday.
Governor's agenda
Beyond taxes, other Edwards-backed proposals appear to be in trouble. An effort to raise Louisiana's minimum wage hasn't yet received a hearing, and the governor's push for new equal pay laws in Louisiana hit a roadblock in the House labor committee, which killed one of his proposals. The full Senate will debate a second measure requiring private businesses to pay the same wages to men and women who perform the same work. But if it advances out of the Senate, it will head to the House labor committee.
Proposals to rewrite Louisiana's criminal sentencing laws, the goal being to lessen Louisiana's tops-in-the-U.S. incarceration rate, are advancing. But some already have been watered down amid resistance from district attorneys, and more revisions are expected.
Contentious debates
Besides financial haggling, lawmakers have embarked on other contentious debates:
· The House will debate a measure aimed at protecting Confederate monuments by requiring voter approval before they could be removed from public property
· The Senate will consider whether to ban use of the death penalty in Louisiana.
Some bills already have been shelved:
· The House voted down a bill to shorten the wait for a divorce when the married couple has children younger than 18.
· A House committee rejected a proposal to restore the voting rights of convicted felons on probation or parole
· Senators refused to require TOPS students to live in the state for several years or reimburse Louisiana for part of their tuition costs
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Week 10 brought meaningful movement on several Louisiana REALTORS® priorities affecting real estate, property rights and insurance. And Week 11 is shaping up to be one of the most important stretches of the session. The biggest developments last week were the final Senate passage of HB 468 by Rep. Troy Hebert with amendments, movement of HB 1027 by Rep. Hebert to the Governor for executive approval, continued Senate progress on HB 1187 and HB 1166 , and final legislative action on SB 180 . REALTOR® Day at the Capitol also came at an important time, giving members the opportunity to reinforce industry priorities with legislators as several key bills neared final passage or awaited committee, concurrence or floor action. Just as importantly, the Louisiana REALTORS® legislative package has now cleared most of its major hurdles, and barring any late-session surprises, the remaining package’s bills should be headed to the Governor’s desk shortly. On the core real estate package, HB 468 , the wholesale regulation bill, remains the most immediate priority. The Senate passed the bill 34-0 on May 12 with amendments, and it now returns to the House for concurrence. That places it in a fast-moving posture, and members should be prepared for quick House action once concurrence is called. HB 1027 , the appraiser liability bill, has now moved into final executive posture after passing the Senate 35-0 without amendments and being sent to the Governor. Together, those two bills represent major wins for consumer protection, market integrity and greater certainty in the real estate transaction process. Insurance remains one of the busiest and most important policy areas as we head into Week 11. HB 1187 , dealing with Louisiana Citizens for emergency assessments, was reported favorably by the Senate Insurance Committee and is now pending Legislative Bureau for review in the Senate. HB 759 , addressing fortified roof endorsement offers, remains one of the more important insurance and mitigation bills still in play and is positioned for Senate floor action. HB 408 , which would prohibit insurers from non-renewing residential policies when homeowners timely mitigate risks, remains pending in House Insurance, as does HB 1210 , which would create a mandatory pre-suit claim review process for residential property insurance. Additional insurance measures, including HB 850 on Standard Fire Policy cancellation notices, HB 1162 on contractor verification in insurance claims, and SB 241 on adjuster and appraiser license-number disclosure, also remain active. These bills continue to matter because insurance affordability, mitigation, claims handling and policy stability remain central to property ownership and transaction viability across Louisiana. On disclosure and regulatory matters, HB 1166 by Rep. Kim Carver , requiring disclosures for vacant residential property and carrying out the adopted LREC reform amendment, was reported favorably by the Senate Commerce Committee and is now pending with the Legislative Bureau for review in the Senate. That keeps the bill in a strong position for Senate floor movement and makes it one of the key bills to watch in Week 11. SB 180 , allowing a surviving spouse of a deceased disabled veteran to transfer an expanded property tax exemption under certain circumstances, has completed legislative action and is now in final processing. Week 10 and the run into Week 11 also reflected an important defensive win for Louisiana REALTORS®. Our team successfully worked to block and tackle HB 617 and HB 750 to ensure real estate and nonprofit activity were not swept into overly broad consumer protection frameworks. On HB 617 , Louisiana REALTORS® opposed the bill as drafted and worked to posture it so that real estate professionals would not be caught up in a fee-disclosure framework that does not fit the realities of real estate transactions. On HB 750 , we worked to ensure the bill would not be interpreted to reach real estate or nonprofit operations in a way that could create unintended compliance burdens for leases, property management arrangements, association activity, or recurring charges authorized under those structures. That effort helped keep broad subscription-style language from bleeding into housing and nonprofit operations where it plainly does not belong. Civil justice and broader property rights measures also remain active entering Week 11. HB 437 , dealing with expert witness fees, and HB 1089 , creating CARE Accounts for certain damages arising from delictual actions, remain pending in Senate Judiciary A and remain high-priority tort reform measures to watch. HB 472, the rent stabilization bill, remains involuntarily deferred and stays on the watch list for any attempted revival through another vehicle or amendment. Additional redevelopment and tax-related measures, such as HB 214 and HB 217, also remain relevant to the broader conversation on blight, reinvestment and neighborhood stabilization. A few additional housing and valuation bills are also worth noting HB 292 on security deposits, HB 297 on early lease termination in stalking and cyberstalking situations, and HB 300 on appraisal thresholds for bank-owned property have all advanced and remain part of the broader housing policy landscape. The practical takeaway is straightforward: Week 11 will likely move fast, and late-session maneuvering can matter as much as headline floor votes. Louisiana REALTORS® should be prepared for House concurrence on HB 468 , further Senate movement on HB 1166 and HB 1187 , continued action on insurance and tort reform, and the possibility of late amendments or procedural pivots on bills affecting real estate transactions, private property rights, housing affordability, nonprofits, property managers and the broader real estate industry. The package is in strong shape, but this is the point in the session when the finish line comes into view and traffic gets thick. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
