Louisiana State House 2013 Session- HB 433-442

by Courtney C Horne @FireezDragon

I am posting summaries of the Louisiana state bills in simple, easy to understand language.

This post covers House Bills 433- 442.

House Bill 433 (HB433)– (Badon) Prohibits surrogacy contracts which use the egg of the surrogate mother. Allows for and sets out the rules to govern gestational surrogacy contracts – where the birth mother is implanted via in utero implantation which used the egg and sperm of the intended parents.

House Bill 434 (HB434)– (Jay Morris) This constitutional amendment states that if the proposed expenditures for health care or higher education are less than appropriated for such in the prior regular session, then separate appropriation bills for discretionary and nondiscretionary expenditures will be required.

House Bill 435 (HB435)– (Seabaugh) This constitutional amendment has 4 prongs:

1) funds shall not be available for appropriation unless they are  included in the official forecast of the Revenue Estimating Conference

2) that funds appropriated shall not exceed the state’s official revenue forecast

3)that appropriations shall not be contingent or use nonrecurring monies for recurring expenditures

4) that the Revenue Estimating Conference shall designate revenues that do not materialize for two preceding years or which will not be available for two succeeding years as nonrecurring to be used only for those nonrecurring expenditures.

House Bill 436 (HB436)– (Garofalo) This constitutional amendment changes the day by which the general appropriation bill must be passed to 1)  in even-numbered years-  in the House of Representatives the 42nd calendar day and in the Senate the 60th calendar day. 2)in odd-numbered years, in the House of Representatives  of the 17th calendar day and in the Senate 35th calendar day.

House Bill 437 (HB437)– (Harris) This bill requires the Revenue Estimating Conference’s official forecast to include projection of all state funds. It also requires the REC to designate  funds which are from any source that has not been available for the preceding two fiscal years or which will not be available for the succeeding two fiscal years  as nonrecurring. It also states the executive budget shall not include recommendations for appropriations from any fund which exceed the forecast for that fund. It also prohibits the appropriation of any funds which are not part of the official REC forecast. Lastly the bill states that except for exception laid out in present law, appropriations out of a fund shall not exceed the forecast for that fund.

House Bill 438 (HB438)- (Robideaux) This constitutional amendment removes the prohibition of state sales and use taxes on gasoline, diesel fuel, and special fuels.

House Bill 439 (HB439)– (Robideaux) This constitutional amendment allows the deduction of federal income taxes on only individual state income taxes. (not state corporate income taxes as well which is currently allowed)

House Bill 440 (HB440)- (Billiot) Amends the definition of a dwelling for the purposes of the sex offender registry law to include any place where the number of days or nights spent there by an offender exceeds 24 days in a calendar year. Also requires the offender, if not taken into custody immediately, provide information on vehicles and place of residence to the sheriff  of the parish of conviction or adjudication on the date of the conviction. Requires information on vehicles to be provided before the offender operates the vehicle. Requires information on a temporary lodging of 7 or more days to be provided at least 3 days prior to such. For international lodging, such notice must be provided at least 21 days in advance. Provides certain systems for  petitions for relief from sex offender registration and notification for specific offenses.

House Bill 441 (HB441)– (Robideaux) Completely repeals corporate income and corporate franchise taxes.

House Bill 442 (HB442)– (Lopinto)  Sets up a sentencing and treatment for certain offenders convicted of certain controlled dangerous substances violations based on a substance treatment program.

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