HOUSE NOTES

Louisiana House of Representatives

Communications Office
2015 Regular Session
Week One, April 17, 2015

Speaker of the House Chuck Kleckley

welcomed members back to the Capitol on
Monday, April 13, for the 2015 Regular
Session of the Louisiana Legislature, the
fourth regular session over which he has
presided since being elected Speaker in
January 2012.
Five new members took the oath of
office: Rep. Joseph Bouie Jr., for House
District 97; Rep. Jeff Hall, for House District
26; 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 Joint
Session and spoke on familiar topics such as
the strengths of Louisiana, his opposition to
Common Core and his support of legislation
to protect religious freedom.
To date, 779 House bills and 272
Senate bills have been prefiled, including 67
proposed constitutional amendments.
The subject matter of this session is
limited to specified fiscal matters; however, a
member may introduce any bill intended to
enact a local or special law or may prefile a
maximum of five bills not within the subject
matter 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 is
authorized to disclose certain account
information of individuals to the Department
of Children & Family Services (DCFS), child
support enforcement section. House Bill 357
would require disclosure authorization to
apply to all co-owners listed on the applicable
account.
Additionally, HB 357 provides that the
reimbursement fee (for conducting the data
match) be paid either quarterly or annually
depending upon request of any financial
institution.
HB357 also provides that the DCFS
may require documentation providing the
actual cost incurred for all quarters once per
state fiscal year and requires DCFS to
reimburse a financial institution for all
quarters in a state fiscal year. A financial
institution shall be reimbursed for all quarters
in a state fiscal year if it is in compliance with
the provisions of both present law and
proposed law and submits invoices by July 15
following the end of the state fiscal year.
House Bill 357 is pending House final
passage.
CEMETERY BOARD
*
House Bill 592, pending House final

passage, provides for the regulation of

cemetery authorities by the Louisiana
Cemetery Board.
HB592 would establish increases in
regulatory, application and examination fees;
authorize the board to impose fines; provide
for exempt certificates of authority and related
renewal fees; clarify provisions for corporate
entities engaged in the cemetery business;
provide for the required content of annual
reports of trustees and cemetery authorities;
provide for application requirements and fees
relative to sales of cemetery space, rights of
use, or interment in cemetery structures and
gardens; and provide for exemptions and
related matters.
COASTAL RESOURCES
*
House Concurrent Resolution 1,
pending in the Committee on Natural
Resources and Environment, approves the
2015-16 annual plan for integrated coastal
protection as adopted by the Coastal
Protection and Restoration Authority.
CORPORATIONS
*
House Bill 743, pending House final
passage, makes various changes to the
Business Corporation Act with respect to
articles of incorporation, registered agents and
service of process, judicial determinations
relative to withdrawing shareholders,
withdrawal rights, exceptions to limitations of
liability, definitions and technical corrections.
COSMETOLOGY
*
House Bill 711, pending House final
passage, would increase fees assessed by the
La. Board of Cosmetology for examinations,
permits, certificates of registration, renewals
and violations by $10 and increase fees
associated with cosmetology schools by $35.

ECONOMIC DEVELOPMENT
*
House Bill 773, pending House floor
action, would authorize the secretary of the
state Department of Economic Development
to recover costs for incentives or assistance
granted by the department and authorizes the
establishment of fees as follows:
(1) advance notification fee - $250.
(2) filing application fee, .5% of the amount of
incentives or exempted taxes (minimum
amount of $500 and maximum amount of
$15,000).
(3) loan guaranty fee, 4% of the guaranteed
loan amount.
(4) fee for affidavit of final cost or project
completion 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 the
department.
Additionally, HB773 would repeal the
fee schedule for the motion picture investor
tax credit and the provision that amounts
deposited shall be credited to the
Entertainment Promotion and Marketing
Fund.
Also, HB773 would repeal the
Louisiana Economic Development
Corporation fee schedule applications and
other fees and provides that the corporation,
through the secretary, may charge application
fees in accordance with the schedule adopted
pursuant to rule.
If passed, HB773 would become
effective July 1, 2015.
FINANCIAL INSTITUTIONS
*
House Bill 315 pending House floor
action, would increase the nonrefundable
license 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 floor
action, increases the investigation fee for
money transmission agents from $300 to $800
and increases maximum fee limit from $3,000
to $6,000.
Additionally, HB316 increases the
annual renewal fee for money transmitters
from $300 to $600 and increases the
maximum fee limit from $3,000 to $6,000.
The proposed law also eliminates the
imposition of the applications for renewal of
licenses to transmit money or sell checks.
*
House Bill 317, pending House floor
action, would increase the initial application,
survey and license fee for a license to make
consumer loans from $500 to $600 and would
increase the annual renewal fee from $450 to
$500.
*
House Bill 318, pending House floor
action, would reduce the pawnshop license fee
from $1,000 to $750. HB318 would cause the
fees imposed to be nonrefundable by
removing the requirement that the
commissioner return to the applicant all
licensing fees upon denial.
The proposed law would increase the
annual pawnbroker renewal fee from $300 to
$450.
Finally, any annual fees and late
payment penalties must be received by the
commissioner of Financial Institutions before
March 1 of each year or the license expires.
FUNERAL DIRECTORS/FUNERAL
ESTABLISHMENTS
*
House Bill 554, pending House floor
action, defines a "branch establishment" as a
licensed funeral establishment devoted to or
used in the care of the body of a deceased
person, or maintained or held out to the
public, by advertising or otherwise, as the
office or place for the practice of funeral

directing.
Under this proposed law, ownership of
the branch is identical to the ownership of the
main funeral establishment controlling the
branch, and such an establishment can
practically be served by the licensed personnel
of the main establishment.
Under present law, a "funeral
establishment" is defined as any place or
premises duly licensed and devoted to or used
in the care and preparation for burial of a
deceased person's body, or maintained or
publically advertised as the office or place for
the practice of funeral directing. HB554
would change the term "burial" to
"disposition."
HB554 would authorize a registered
intern, supervised by a state licensed
embalmer and funeral director, to perform
embalming in addition to embalmers and
funeral directors possessing a valid license in
the state of Louisiana.
Finally, HB554 requires that display
rooms display merchandise consisting of, but
not limited to, a minimum of 6 adult caskets
of a variety of styles and quality. The
embalming facilities and display rooms
described are required in every funeral
establishment except branch establishments.
MORTGAGE LENDERS
*
House Bill 354, pending House floor
action, wold increase the mortgage lender
application license fee from$400 to $500 and
would increase the mortgage originator
application license fee from $100 to $200.
HB354 would increase the mortgage
lender annual license renewal fee from $300
to $400 and would increase the mortgage
originator annual license renewal fee from
$100 to $200.

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REAL ESTATE
*
House Bill 468, pending House final
passage, provides for duties related to realtors
and licensees representing clients.
Under present law, real estate licensees
who represent clients must promote the best
interests of their clients by timely presenting
all offers to and from their clients. Present
law also allows the client the option to waive
this duty of the licensee.
HB468 would eliminate the option of
the client to waive this duty of the licensee.
SPECIALTY LICENSE PLATES
*
Two prestige licenses plates are
pending House final passage:
House Bill 417 creates the "Challenge
ALS" special prestige license plate and
provides for an annual royalty fee of $30 and
a handling fee of $3.50 for each plate to offset
administrative costs. Royalty fees would go to
the ALS Association Louisiana-Mississippi
Chapter or its successor organization to be
used solely for ALS research.
House Bill 699, creates the "300th
Anniversary of the City of New Orleans"
specialty license plate. The Department of
Public Safety and Corrections would collect a
$15 annual royalty fee and a handling fee of
$3.50 on each plate to offset administrative
costs. Royalty fees would go to the 2018
NOLA Foundation to be used for the planning
and development of a series of cultural events
and activities surrounding the 300th
anniversary of the City of New Orleans.
STEAMSHIP PILOTS
*
House Bill 572, pending House final
passage, makes changes to existing port pilots
statutes.
HB572 redefines the "board of
examiners" to mean the Board of Examiners
for New Orleans and Baton Rouge Steamship

Pilots for the Mississippi River.

The proposed law deletes present law
and requires the board of examiners to make
pilot recommendations to the governor to fill
vacancies and to only recommend pilots who
have served at least 5 years as an unrestricted
Louisiana state commissioned New Orleans
and Baton Rouge Steamship Pilot. The
governor's appointment of an examiner is to
be made exclusively from commissioned
pilots. Additionally, HB572 would require
pilots to be appointed by the governor at the
recommendation of the board of examiners'
rules and regulations.
Under present law, a qualified pilot is
required to have a first class pilot license
issued by the U.S. Coast Guard and to have
served a six-month apprenticeship. HB572
would delete this requirement and instead
provides for a qualified pilot to comply with
all requirements of the board of examiners'
Pilot Development Program. HB572 changes
the bond approval to be made by the board of
examiners, and provides for pilots' entitlement
to ask for and receive a pilotage fee which
would be established by the Pilotage Fee
Commission.
Finally, the proposed law deletes the
portion of present law that requires pilotage
fees to be computed on a 15-foot draft for any
vessel with a draft of less than 15 feet and
provides for the pilotage fee to bear as a lien
upon the vessel, which lien prescribes within
one year, should the vessel return to the Port
of New Orleans within that time.
House Bill 572 specifies that the act
shall become effective upon signature by the
governor or, upon expiration of the time for
bills to become law without signature by the
governor. If vetoed by the governor and
subsequently approved by the legislature, this
act shall become effective on the day
following such approval.

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TRADEMARKS AND TRADE NAMES

*
House Bill 394, pending House final
passage, seeks to eliminate inefficiencies
related to trademarks and trade names
applications and reservation processes.
Under the proposed law, a person may
reserve a specified partnership name by filing
a signed application with the Secretary of
State. If the Secretary of State finds that the
name is available for use by a partnership, he
shall reserve the name for the exclusive use of
the applicant for a nonrenewable period of
120 days.
Additionally,HB394 provides that the
exclusive right to use a reserved name may be
transferred to another person or partnership by
filing with the Secretary of State a notice of
the transfer that specifies the name and
address of the transferee and is signed by the
applicant for whom the name was reserved.
Likewise, a person may reserve a
specified name for a nonprofit corporation by
filing a signed application with the Secretary
of State. If the Secretary of State finds that
the name is available for use by a nonprofit
corporation, he shall reserve the name for the
exclusive use of the applicant for a
nonrenewable period of 120 days. The
exclusive right to use a reserved name may be
transferred to another person or nonprofit
corporation by filing with the Secretary of
State a notice of the transfer that specifies the
name and address of the transferee and is
signed by the applicant for whom the name
was reserved.
Provisions of HB394 would repeal
antiquated language that allows the Secretary
of State to collect a $5 fee to reserve a trade
name, trademark or service mark., and would
prohibit names of corporations generally,
foreign corporations and limited liability
companies from containing language that
consists of, or comprises, immoral, deceptive

or scandalous matter.
UNIFORM CONSTRUCTION CODE
*
House Bill 354, pending House floor
action, provides for the review of actions
taken by building code enforcement officers or
certified third-party providers in the
enforcement of the state uniform construction
code.
HB353 would provide for a
supervising council member; establish the
Building Code Enforcement Officer
Subcommittee and its membership, duties and
powers; provide for the investigation and
resolution of complaints regarding state
uniform construction code violations; provide
for a local board of appeals; require due
process protections and provide for penalties.

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