June 5, 2009 Regular Legislative Session Update and Bill Track

 

 

Senate nears Historic Vote on Budget

As this update goes to press, the Senate is poised to vote out the appropriations bill (HB 1) funding state government and send it back to the House of Representatives for concurrence.  Senators are expected to keep many elements of the Budget in tact; however, a number of additional revenue sources are going to be tapped giving supplementary cash to be designated towards higher education and health care.  Also, Senators will insert their spending priorities for the dollars left over for them by the House.  The Budget process will not be complete, as the final budgetary impact of additional tax credit incentive related programs that the House just sent over has yet to be fully weighed.  Also SB 335 by Senator Lydia Jackson (D-Shreveport), if passed by the House, would help restore $115 million in cuts to higher education through a suspension of the phase-in of deductibility on state income tax of excess of federal itemized deductions.

 

Tension between Chambers escalates

After 54 House members signed a “round robin” letter declaring they would not vote for SB 335, Senate President Joel Chaisson, II (D-Destrehan) took the highly unusual step this week of taking the podium in the Senate Chamber and admonishing his colleagues across the hall for digging in their heels without having all the facts at hand.  His speech motivated otherwise fiscal conservatives in the Senate to make the unexpectedly high 20 vote margin of passage much more comfortable.  Skeptics speculate that these were “safety” votes because of some Senator’s beliefs that the legislation was dead on arrival in the House of Representatives.

 

Speaking of Taxes…Internet Tax or Fee?

The most significant revenue raising measure with legislators in this session is HB 569 by Representative Bodi White (R-Denham Springs) which would add a monthly 15 cents charge to all internet customer subscriber accounts with the proceeds dedicated to the Attorney General’s office for use in fighting internet child pornography, child predators, bank fraud and so forth.  The measure received only token opposition in the House which likely escalated the margin to its 81-9 level.  The Jindal Administration has indicated it will veto the measure should it reach his desk.

 

Keep Smoking  -  for now…

Representative Gary Smith Jr.’s (D-Norco) bill to ban smoking in all bars and casinos was overwhelmingly defeated by the House Wednesday by a vote of 26-76.  This is a bad omen for Senator Rob Marionneaux’s (D-Livonia) counter Senate Bill which sailed through the Senate with almost no opposition.  House members appear to be swayed by casino arguments that competition from Indian casinos and neighboring states’ gaming halls with no smoking bans will drive patrons away thus reducing the state’s tax receipts.

 

School Dental Care:  Dental Board told to Act or Go home

Representative Kevin Pearson’s (R-Slidell) bill to disallow mobile dental clinics at public schools turned into one of the most controversial matters in the House this session. Lawmakers, tired of the squabbling between pro and anti forces and irritated with the failure of the State Board of Dentistry to act on the issue, quickly seized upon a compromise by House Speaker Jim Tucker that mandated the Board to create rules and regulations for the clinics entailing permits, medical malpractice liability insurance of at least $1 million, standards of practice and equipment, plans for inspection and record keeping, consent and consultations from parents…these all to be in place by January 2010 or the Board will be subject to being automatically dismissed from their posts.

 

Final adjournment can be no later than 6:00 pm on Thursday, June 25, 2009.  As always, if we can assist you further with anything please contact us.

 

Adams and Reese LLP Louisiana Governmental Relations Team

E. L. Henry                  E.L.Henry@arlaw.com

Robert L. Rieger, Jr.     Robert.Rieger@arlaw.com

J. Robert Wooley         James.Wooley@arlaw.com

Richard B. Easterling   Richard.Easterling@arlaw.com

V. Thomas Clark, Jr.    Tom.Clark@arlaw.com

Lee C. Reid                  Lee.Reid@arlaw.com

Christopher P. Coulon Chris.Coulon@arlaw.com

Alisha M. Duhon         Alisha.Duhon@arlaw.com

 

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