Legislative Report
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Âť Co n te n ts C onst ruct i o n B usi ness Wa g es/ L a bo r
» Co nstruction House Bill 264
by Representative Stuart Bishop HB264 passed in both chambers and was signed by the governor, becoming ACT 209. It adds the terms “fixed price” and “guaranteed maximum price” to RS 47.305:11 pertaining to an exclusion from new sales tax should one be levied during the life of specific types of construction contracts. ABC supported HB264.
by Representative Katrina Jackson (562) and Representative Gene Reynolds (655) House Bills 562, 655 Due to heavy opposition, neither bill received a committee hearing during the legislative process. Both of the bills attempted to make certain services currently not subject to sales taxes subject to sales taxes moving forward. Included in these services would have been construction maintenance and/or service contracts. ABC was opposed to HB562 and HB655.
Senate Bill 104
by Senator Conrad Appel
Senate Bill 140
by Senator Mike Walsworth
Senate Bill 165
by Senator Regina Barrow
SB104 passed both chambers, was signed by the governor and became ACT 49. ACT 49 removes a provision in the public bid law requiring contractors provide a certification in addition to their contractor’s license number when bidding. ABC supported SB104.
SB140 passed the House and Senate and is awaiting a vote by the people on October 14, 2017. SB140 is a constitutional amendment prohibiting the assessment of property taxes on projects under construction. Passage of this construction amendment would require project completion prior to the local assessor placing the property on the tax rolls. ABC supported SB140 and is supporting the constitutional amendment on the ballot in October.
Under heavy opposition, SB165 was voluntarily deferred in the Senate Commerce Committee. It attempted to restructure the Louisiana State Licensing Board of Contractors by adding appointees from LABI, LCTCS, AFL-CIO among others. ABC was opposed to SB165.
» Busi ness by Representative Ted James (411) and Representative Jay Morris (609) House Bills 411, 609 Neither piece of legislation garnered enough votes for passage. Both bills attempted to make permanent the temporary state sales and use taxes enacted in 2016, which are set to expire in 2018. ABC was opposed to HB411 and HB609.
House Bill 648
by Representative Kenny Havard
House Bill 628
by Representative Sam Jones
House Bill 666
by Representative Sam Jones
HB648 failed to pass out of the House Ways and Means Committee this session and did not make it to the House Floor for a vote. It would have attempted to create a flat business activities tax on all businesses operating in the state of Louisiana. HB648 also taxed salaries and compensation given to employees. ABC was opposed to HB648.
HB628 was heard in the House Ways & Means Committee, but, due to heavy opposition, it never came up for a vote in the committee. It attempted to create a commercial activity tax (CAT) on all commercial and business activity in Louisiana. This “CAT” tax was the governor’s primary bill for this session. ABC was opposed to HB628.
HB666 was assigned to the House Ways & Means Committee, but was never discussed on the committee agenda. It attempted to levy an annual tax on the gross margins of business entities in Louisiana providing multiple tax rates depending on size and types of businesses subject to this new tax. ABC was opposed to HB666.
» Wages/Labor Senate Bill 2
by Senator J.P. Morrell
Senate Bill 153
by Senator Troy Carter
House Bill 112
by Representative Joe Bouie
House Bill 282
by Representative Barbara Norton
SB2 passed without objection in the Senate Labor Committee, but due to heavy opposition, it was never brought before the entire Senate for a vote. The legislation provided that the Louisiana Equal Pay Act be applicable to men and private employers and requires government contractors to verify equal pay practices. ABC was opposed to SB2.
SB153 failed to pass out of the Senate Finance Committee. If the bill were to have been adopted, it would have established a state minimum wage and set it at $8.00 per hour beginning Jan. 1, 2018, followed by a $8.50 per hour beginning on Jan. 1, 2019. ABC was opposed to SB153.
HB112 was defeated in the House Labor Committee. It required that any contractor who enters into a contract with a public entity comply with the Louisiana Public Employee Equal Pay Act. It further requires the contractor to ensure and maintain records verifying that every subcontractor, if any, are also in compliance with the act. ABC was opposed to SB153.
HB282 was heard in the House Labor Committee, yet never came up for a vote. The legislation attempted to create a new cause of action for employers relating to gender discrimination by providing that pay equity shall extend to all persons employed in the state of Louisiana. The bill differed from current law by defining equal work as “similar” work rather than “same” work and by adding unintentional pay discrepancy as a new cause of action against a new employer. ABC was opposed to HB282.
John Walters, Vice President of Governmental Relations jwalters@abcpelican.com (225) 328-0989