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Budget Shortfall
Dedication of Revenue
A discussion related to the state budget that may come up in 2016 is the repurposing
of revenue dedications to provide more flexibility in determining funding priorities in the
state budget. There are approximately $4 billion in dedications appropriated in the
state budget in the current Fiscal Year 2015-2016 through approximately 300 funds.
Of the total, $2.2 billion is dedicated in the constitution and the remaining $1.8 billion is
dedicated in the statutes.
Transportation Backlog
Louisiana faces over a $12 billion backlog of state highway system needs. This
transportation system is largely funded by federal funds and a 20-cents-per-gallon
state tax on gasoline. The 20 cents is comprised of a 16-cents-per-gallon gasoline tax
and an additional 4-cents-per-gallon gasoline tax. One concern is that the state's 16cent gas tax is a flat, non-indexed tax that has consistently lost buying power from
when the tax increased to its current amount in 1984. Due to inflation and rising
construction costs, the state's 16-cent gas tax has a current-day buying power of
approximately 7 cents.
Possible Legislative Issues in 2016 Special Session
Regular Session
To begin on Monday, March 14, 2016
Food Deserts
According to the U.S. Department of Agriculture, Louisiana has numerous food deserts within
the state, some within urban areas, but the vast majority of the food deserts are in the rural
areas of the state. Legislative action in 2015 created a task force to study the issue with
possible legislation as a result.
Marijuana
The recreational usage of marijuana is prohibited in Louisiana. Proponents emphasize that
allowing recreational marijuana to be sold in the state would bring in valuable tax revenue.
This issue has been raised repeatedly during past sessions and may be raised again.
Medical marijuana was recently authorized by the legislature and the State Board of Medical
Examiners was charged with recommending health conditions (in addition to glaucoma,
spastic quadriplegia, and chemotherapy) for which medical marijuana use would be
appropriate.
Wildfire Funding
Louisiana has been afflicted by numerous wildfires over the years and has done a good job
containing them with the limited funds, equipment, and manpower available. In the 2016
Regular Session, the Department of Agriculture may ask the legislature to request more
funding from Congress to address their shortfall in combating wildfires within Louisiana.
Civil Procedure
Limitations on the availability of jury trials is of interest each legislative
session. Numerous bills were introduced over the past several sessions
attempting to raise or lower the required dollar amount in controversy in
order to be entitled to a jury trial.
Religious Freedom
Legislation intended to protect religious freedom has been introduced in
several states during recent legislative sessions and generated
significant public interest in Louisiana. Religious freedom remains a
subject matter of interest for the 2016 legislative session.
Child Support
Bills modifying child support laws are regularly introduced in legislative
sessions. Recently, these have included extending the age of children
entitled to child support when specific conditions are satisfied, as well as
mechanisms to enforce child support for failure to pay.
Crowdfunding
As crowdfunding becomes an increasingly popular mechanism for
raising vast amounts of capital, state legislatures have become
aware of their needs not only to encourage small business owners
and entrepreneurs to avail themselves of this growing resource but
also to regulate how crowdfunding is monitored within their state's
borders. 27 states introduced legislation regarding crowdfunding in
2015.
Internet Gambling
Many states have recently proposed legislation aimed at legalizing
online gambling.
Alternatively, some states have proposed
legislation meant either to prohibit online gambling or to commission
studies for the purpose of analyzing the impact that the industry
could have on states and their residents.
Plumbing
The Louisiana State Uniform Construction Code Council has
promulgated a rule adoption of plumbing provisions in the
International Plumbing Code, International Building Code, and the
International Residential Code. The rule adoption is a result of Act
836 of the 2014 Regular Session. The newly promulgated rule
replaces the Louisiana State Plumbing Code which was repealed in
its entirety as of January 1, 2016.
Gun Laws - With continued mass shootings across the country and recent executive
orders addressing the purchasing of firearms, it is likely that there will be legislative
activity regarding firearms. Two bills have already been prefiled for the 2016 Regular
Session addressing concealed handgun provisions of Louisiana law.
Drones With the popularity of unmanned aircraft systems soaring, the FAA has
developed rules including minimum age and registration requirements.
As an
aircraft, drones are likely not covered under ones homeowners insurance
policyholders unless a policy rider is added to provide such coverage. Likewise, it is
likely that drone legislation will be a hot topic in 2016 for both the Criminal Justice and
the Insurance Committees of the legislature.
Juvenile Court Jurisdiction - While most states set the maximum age of juvenile
court jurisdiction at 17, Louisiana is one of seven states with the maximum age of
juvenile court jurisdiction at 16. Proponents of the "raise-the-age" legislation argue
that young people should be tried in juvenile court to ensure that they are not
sentenced to adult prisons and have access to more age-appropriate services and
placement options.
Postsecondary Education
Likewise,
Gov.
Edwards
postsecondary
education transition team was charged with
making "college more affordable for students and
stronger". In light of the current budget shortfall,
it is likely that their recommendations will be
related to funding, tuition, and TOPS, including
legislation to address lingering concerns about
maintaining the TOPS program despite ongoing
fiscal challenges and rising college tuition costs.
Medicaid Expansion
Driverless Vehicles
Several companies are field testing driverless vehicles in California, and these
vehicles may be in use in Louisiana within the next several years. The legislature
could be faced with addressing a number of issues as a result of these vehicles such
as who is responsible for payment of damages if the driverless vehicle is involved in
an accident and whether automobile insurers will provide coverage for such
vehicles.
Minimum Wage
Pay Equality
Payroll Deductions
REAL ID
Louisiana driver's licenses do not meet all the
requirements of the REAL ID Act of 2005 which
established minimum standards for state-issued
driver's licenses and prohibits federal agencies
from accepting for official use. In 2015, there was
concern that Louisiana-issued credentials would
not be accepted for air travel.
The U.S.
Department of Homeland Security issued an
extension for Louisiana citizens until October 2016.
Legislation on the issue is expected this session.