Speaker of the House Chuck Kleckleywelcomed members back to the Capitol onMonday, April 13, for the 2015 RegularSession of the Louisiana Legislature, thefourth regular session over which he haspresided since being elected Speaker inJanuary 2012. Five new members took the oath ofoffice: Rep. Joseph Bouie Jr., for HouseDistrict 97; Rep. Jeff Hall, for House District26; Rep. Mike Johnson, for House District 8;Rep. Blake Miguez, for House District 49; and Rep. Darrell Ourso, for House District 66.

Governor Jindal addressed the JointSession and spoke on familiar topics such asthe strengths of Louisiana, his opposition toCommon Core and his support of legislationto protect religious freedom.

To date, 779 House bills and 272Senate bills have been prefiled, including 67proposed constitutional amendments.

The subject matter of this session islimited to specified fiscal matters; however, amember may introduce any bill intended toenact a local or special law or may prefile amaximum of five bills not within the subjectmatter restrictions.

A brief description of a few of the bills that have generated public interest follows.

BANK ACCOUNT /CHILD SUPPORT* Under present law, a bank isauthorized to disclose certain accountinformation of individuals to the Departmentof Children & Family Services (DCFS), childsupport enforcement section. House Bill 357would require disclosure authorization toapply to all co-owners listed on the applicableaccount. Additionally, HB 357 provides that thereimbursement fee (for conducting the datamatch) be paid either quarterly or annuallydepending upon request of any financialinstitution. HB357 also provides that the DCFSmay require documentation providing theactual cost incurred for all quarters once perstate fiscal year and requires DCFS toreimburse a financial institution for allquarters in a state fiscal year. A financialinstitution shall be reimbursed for all quartersin a state fiscal year if it is in compliance withthe provisions of both present law andproposed law and submits invoices by July 15following the end of the state fiscal year.

House Bill 357 is pending House finalpassage.

CEMETERY BOARD* House Bill 592, pending House final

HOUSE NOTESLouisiana House of Representatives

Communications Office2015 Regular Session

Week One, April 17, 2015

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passage, provides for the regulation ofcemetery authorities by the LouisianaCemetery Board. HB592 would establish increases inregulatory, application and examination fees;authorize the board to impose fines; providefor exempt certificates of authority and relatedrenewal fees; clarify provisions for corporateentities engaged in the cemetery business; provide for the required content of annualreports of trustees and cemetery authorities;provide for application requirements and feesrelative to sales of cemetery space, rights ofuse, or interment in cemetery structures andgardens; and provide for exemptions andrelated matters.

COASTAL RESOURCES* House Concurrent Resolution 1,pending in the Committee on NaturalResources and Environment, approves the2015-16 annual plan for integrated coastalprotection as adopted by the CoastalProtection and Restoration Authority.

CORPORATIONS* House Bill 743, pending House finalpassage, makes various changes to theBusiness Corporation Act with respect toarticles of incorporation, registered agents andservice of process, judicial determinationsrelative to withdrawing shareholders,withdrawal rights, exceptions to limitations ofliability, definitions and technical corrections.

COSMETOLOGY* House Bill 711, pending House finalpassage, would increase fees assessed by theLa. Board of Cosmetology for examinations,permits, certificates of registration, renewalsand violations by $10 and increase feesassociated with cosmetology schools by $35.

ECONOMIC DEVELOPMENT* House Bill 773, pending House flooraction, would authorize the secretary of thestate Department of Economic Developmentto recover costs for incentives or assistancegranted by the department and authorizes theestablishment of fees as follows:(1) advance notification fee - $250. (2) filing application fee, .5% of the amount ofincentives or exempted taxes (minimumamount of $500 and maximum amount of$15,000). (3) loan guaranty fee, 4% of the guaranteedloan amount. (4) fee for affidavit of final cost or projectcompletion report - $250. (5) annual certification report fee - $250. (6) contract amendment fee - $250. (7) contract renewal fee - $250. (8) statutorily required verification report fee- not to exceed the actual costs to thedepartment.

Additionally, HB773 would repeal thefee schedule for the motion picture investortax credit and the provision that amountsdeposited shall be credited to theEntertainment Promotion and MarketingFund.

Also, HB773 would repeal theLouisiana Economic DevelopmentCorporation fee schedule applications andother fees and provides that the corporation,through the secretary, may charge applicationfees in accordance with the schedule adoptedpursuant to rule.

If passed, HB773 would becomeeffective July 1, 2015.

FINANCIAL INSTITUTIONS* House Bill 315 pending House flooraction, would increase the nonrefundablelicense application fee for check-cashers from$350 to $450 and the annual license renewal

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fee for check-cashers from $250 to $350.* House Bill 316 pending House flooraction, increases the investigation fee formoney transmission agents from $300 to $800and increases maximum fee limit from $3,000to $6,000. Additionally, HB316 increases theannual renewal fee for money transmittersfrom $300 to $600 and increases themaximum fee limit from $3,000 to $6,000.

The proposed law also eliminates theimposition of the applications for renewal oflicenses to transmit money or sell checks.* House Bill 317, pending House flooraction, would increase the initial application,survey and license fee for a license to makeconsumer loans from $500 to $600 and wouldincrease the annual renewal fee from $450 to$500.* House Bill 318, pending House flooraction, would reduce the pawnshop license feefrom $1,000 to $750. HB318 would cause thefees imposed to be nonrefundable byremoving the requirement that thecommissioner return to the applicant alllicensing fees upon denial.

The proposed law would increase theannual pawnbroker renewal fee from $300 to$450.

Finally, any annual fees and latepayment penalties must be received by thecommissioner of Financial Institutions beforeMarch 1 of each year or the license expires.

FUNERAL DIRECTORS/FUNERALESTABLISHMENTS* House Bill 554, pending House flooraction, defines a "branch establishment" as alicensed funeral establishment devoted to orused in the care of the body of a deceasedperson, or maintained or held out to thepublic, by advertising or otherwise, as theoffice or place for the practice of funeral

directing. Under this proposed law, ownership of

the branch is identical to the ownership of themain funeral establishment controlling thebranch, and such an establishment canpractically be served by the licensed personnelof the main establishment.

Under present law, a "funeralestablishment" is defined as any place orpremises duly licensed and devoted to or usedin the care and preparation for burial of adeceased person's body, or maintained orpublically advertised as the office or place forthe practice of funeral directing. HB554would change the term "burial" to"disposition."

HB554 would authorize a registeredintern, supervised by a state licensedembalmer and funeral director, to performembalming in addition to embalmers andfuneral directors possessing a valid license inthe state of Louisiana.

Finally, HB554 requires that displayrooms display merchandise consisting of, butnot limited to, a minimum of 6 adult casketsof a variety of styles and quality. Theembalming facilities and display roomsdescribed are required in every funeralestablishment except branch establishments.

MORTGAGE LENDERS* House Bill 354, pending House flooraction, wold increase the mortgage lenderapplication license fee from$400 to $500 andwould increase the mortgage originatorapplication license fee from $100 to $200.

HB354 would increase the mortgagelender annual license renewal fee from $300to $400 and would increase the mortgageoriginator annual license renewal fee from$100 to $200.

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REAL ESTATE* House Bill 468, pending House finalpassage, provides for duties related to realtorsand licensees representing clients.

Under present law, real estate licenseeswho represent clients must promote the bestinterests of their clients by timely presentingall offers to and from their clients. Presentlaw also allows the client the option to waivethis duty of the licensee.

HB468 would eliminate the option ofthe client to waive this duty of the licensee.

SPECIALTY LICENSE PLATES* Two prestige licenses plates arepending House final passage:

House Bill 417 creates the "ChallengeALS" special prestige license plate andprovides for an annual royalty fee of $30 anda handling fee of $3.50 for each plate to offset administrative costs. Royalty fees would go tothe ALS Association Louisiana-MississippiChapter or its successor organization to beused solely for ALS research.

House Bill 699, creates the "300th Anniversary of the City of New Orleans"specialty license plate. The Department ofPublic Safety and Corrections would collect a$15 annual royalty fee and a handling fee of$3.50 on each plate to offset administrativecosts. Royalty fees would go to the 2018NOLA Foundation to be used for the planningand development of a series of cultural eventsand activities surrounding the 300th

anniversary of the City of New Orleans. STEAMSHIP PILOTS* House Bill 572, pending House finalpassage, makes changes to existing port pilotsstatutes.

HB572 redefines the "board ofexaminers" to mean the Board of Examinersfor New Orleans and Baton Rouge Steamship

Pilots for the Mississippi River. The proposed law deletes present law

and requires the board of examiners to makepilot recommendations to the governor to fillvacancies and to only recommend pilots whohave served at least 5 years as an unrestrictedLouisiana state commissioned New Orleansand Baton Rouge Steamship Pilot. Thegovernor's appointment of an examiner is tobe made exclusively from commissionedpilots. Additionally, HB572 would requirepilots to be appointed by the governor at therecommendation of the board of examiners'rules and regulations.

Under present law, a qualified pilot isrequired to have a first class pilot licenseissued by the U.S. Coast Guard and to haveserved a six-month apprenticeship. HB572would delete this requirement and insteadprovides for a qualified pilot to comply withall requirements of the board of examiners'Pilot Development Program. HB572 changesthe bond approval to be made by the board ofexaminers, and provides for pilots' entitlementto ask for and receive a pilotage fee whichwould be established by the Pilotage FeeCommission.

Finally, the proposed law deletes theportion of present law that requires pilotagefees to be computed on a 15-foot draft for anyvessel with a draft of less than 15 feet andprovides for the pilotage fee to bear as a lienupon the vessel, which lien prescribes withinone year, should the vessel return to the Portof New Orleans within that time.

House Bill 572 specifies that the actshall become effective upon signature by thegovernor or, upon expiration of the time forbills to become law without signature by thegovernor. If vetoed by the governor andsubsequently approved by the legislature, thisact shall become effective on the dayfollowing such approval.

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TRADEMARKS AND TRADE NAMES* House Bill 394, pending House finalpassage, seeks to eliminate inefficienciesrelated to trademarks and trade namesapplications and reservation processes.

Under the proposed law, a person mayreserve a specified partnership name by filinga signed application with the Secretary ofState. If the Secretary of State finds that thename is available for use by a partnership, heshall reserve the name for the exclusive use ofthe applicant for a nonrenewable period of120 days.

Additionally,HB394 provides that theexclusive right to use a reserved name may betransferred to another person or partnership byfiling with the Secretary of State a notice ofthe transfer that specifies the name andaddress of the transferee and is signed by theapplicant for whom the name was reserved.

Likewise, a person may reserve aspecified name for a nonprofit corporation byfiling a signed application with the Secretaryof State. If the Secretary of State finds thatthe name is available for use by a nonprofitcorporation, he shall reserve the name for theexclusive use of the applicant for anonrenewable period of 120 days. Theexclusive right to use a reserved name may betransferred to another person or nonprofitcorporation by filing with the Secretary ofState a notice of the transfer that specifies thename and address of the transferee and issigned by the applicant for whom the namewas reserved.

Provisions of HB394 would repealantiquated language that allows the Secretaryof State to collect a $5 fee to reserve a tradename, trademark or service mark., and wouldprohibit names of corporations generally,foreign corporations and limited liabilitycompanies from containing language thatconsists of, or comprises, immoral, deceptive

or scandalous matter.

UNIFORM CONSTRUCTION CODE* House Bill 354, pending House flooraction, provides for the review of actionstaken by building code enforcement officers orcertified third-party providers in theenforcement of the state uniform constructioncode.

HB353 would provide for asupervising council member; establish theBuilding Code Enforcement OfficerSubcommittee and its membership, duties andpowers; provide for the investigation andresolution of complaints regarding stateuniform construction code violations; providefor a local board of appeals; require dueprocess protections and provide for penalties.

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