FISCAL NOTE over $7 million in 5 years; ENGROSSED fiscal note unchanged. [Large portion of the setup money appropriated last year through law enforcement board]

HOUSE floor amendments [LINK] require the sheriff or designee to immediately notify all local law enforcement agencies, media outlets, victims, and known witnesses if an inmate escapes. Notification must be made by the fastest reasonable means. If the inmate is recaptured, those same parties must be notified within one working day. The amendments also define “law enforcement agency” and “local media outlet” and update the bill title to reflect the new content.

HOUSE committee amendments [LINK] adds a new section, R.S. 15:715, requiring sheriffs or their designees to immediately notify all local law enforcement agencies, media outlets, known witnesses, and victims when an inmate escapes from a parish jail or prison. If the inmate is recaptured, those same parties must be notified within one working day. The amendment defines “law enforcement agency” and “local media outlet” for clarity.

Creates a comprehensive, statewide victim services system and establishes a consolidated Crime Victims' Bill of Rights. Directs the Department of Public Safety and Corrections to coordinate services across law enforcement and prosecutors, with implementation required by July 1, 2026. Codifies over 20 specific rights for crime victims, witnesses, and family members, including notice of proceedings, protection measures, access to services, and the right to make victim impact statements. Clarifies that violations of these rights do not create grounds for a defendant to overturn a conviction or sentence. Requires the Governor’s Office to publish a printable version of the Bill of Rights.

Rights for Crime Victims and Designated Family Members (20):

1. Right to emergency, social, or medical services and to receive a Victim Notice and Registration Form.

2. Right to be notified of defendant’s arrest, release, bond, escape, or re-apprehension.

3. Right to advance notice of and presence at judicial proceedings or probation hearings.

4. Right to be interviewed by the prosecutor before trial and request restitution.

5. Right to have those interviews in a private setting with access to support personnel if requested.

6. Right to refuse interviews with the defense attorney.

7. Right to retain legal counsel for discussions with the DA and judicial agencies.

8. Right to request a conference with the prosecutor regarding case disposition and restitution.

9. Right to employer assistance regarding work absences due to case participation.

10. Right to be notified of court scheduling changes.

11. Right to a secure waiting area during court proceedings, away from the defendant and their family.

12. Right to review and comment on pre- or post-sentence reports.

13. Right to protections under laws governing criminal procedure and evidence.

14. Right to a speedy disposition and final resolution post-conviction and sentencing.

15. Right to be present and heard at all critical stages, including submitting a victim impact statement.

16. Right to request that a victim impact statement be sealed for privacy.

17. Right to notice of sentencing range and opportunity to comment on proposed sentence.

18. Right to have personal property returned.

19. Right to seek restitution from the defendant without court filing fees.

20. In death penalty cases:

   - Right to be notified of execution details and to be present.

   - Right to not be contacted by the offender or their supporters.

Rights for Witnesses and Designated Family Members (5):

1. Right to emergency, social, or medical services and to receive a Victim Notice and Registration Form.

2. Right to be notified of the offender’s release, sentence discharge, escape, or re-apprehension.

3. Right to employer assistance for participation-related absences.

4. Right to be notified of scheduling changes.

5. Right to a secure waiting area during court proceedings.

Effective upon governor's signature.

Proposes an amendment to Louisiana's individual income tax credit related to the purchase of firearm safety devices. The bill seeks to modify the definition of "eligible transaction" to broaden the scope of purchases that qualify for the tax credit.

Currently, an "eligible transaction" is defined as a purchase made from a federally licensed dealer. The proposed amendment redefines it as a Louisiana sales transaction where the taxpayer buys one or more firearm safety devices from any dealer required to collect sales and use tax on the sale, regardless of federal licensing status. This change aims to include purchases from a wider range of retailers, potentially increasing accessibility to the tax credit for consumers.

The bill maintains the existing exclusion of firearm purchases from qualifying transactions. Additionally, the proposed changes would apply to taxable periods beginning on or after January 1, 2025.

Aims to broaden the state’s legal mechanisms for addressing blighted and nuisance properties, particularly in urban areas, by revising criminal and administrative definitions and processes.

Key Provisions:

1.    Expanded Definition of Blighted Property:

The bill broadens the scope of what qualifies as "blighted property" to include both vacant and occupied properties that have been declared blighted through administrative or judicial means. The property must be deemed a public nuisance by relevant authorities (either courts or hearing officers).

2.    Refined "Public Nuisance" Definition:

Expands the legal definition to include properties that threaten public health, safety, or property due to disrepair or hazardous conditions. The term also covers structures that contribute to decline in neighborhood quality or public welfare.

3.    Criminal Blighting of Property:

Introduces or clarifies the offense of criminal blighting, targeting property owners who intentionally or through criminal negligence allow property to fall into dangerous or unsanitary condition. This offense applies after an official declaration of blight or nuisance, ensuring due process is met.

4.    Enforcement Enhancements:

Allows for criminal penalties against owners who fail to address issues after administrative declarations. Encourages intervention by municipalities and local governments, possibly leading to property seizure or remediation.

5.    Administrative Hearing Process:

Supports the use of administrative adjudication (rather than only judicial proceedings) to declare properties blighted or nuisance, which can streamline enforcement. Empowers local hearing officers to make formal declarations, enabling quicker municipal action.

Intent and Implications:

The bill is a response to persistent urban decay, especially in cities like New Orleans where absentee ownership, neglect, and unsafe structures pose risks to neighborhoods. There’s no language in the bill that offers a defense or mitigation specifically tied to financial hardship. For example, it doesn’t mention exceptions for owners who can prove they lack the financial means to remediate the property. The law appears to treat the failure to correct blighted conditions as a strict liability issue once the property is certified as blighted, regardless of the owner’s financial situation.

That said, in practice, financial difficulties might be considered indirectly:

• At the administrative hearing level (referenced under La. R.S. 13:2575 or 13:2576), an owner could potentially raise financial hardship as a reason for non-compliance before the property is officially declared blighted. However, this would depend on local ordinances or the discretion of the hearing authority, not this specific statute.
• Courts might also take financial circumstances into account during sentencing (e.g., reducing fines), but the bill itself doesn’t mandate such consideration.

Proposes an additional tax on cigarettes in Louisiana. The bill seeks to increase the tax by 1-13/20 cents per cigarette, equating to an extra 33 cents per pack of 20 cigarettes. This adjustment would raise the total tax from $1.08 to $1.41 per pack.

The proposed tax would apply to cigarette products purchased by retail and wholesale dealers starting July 1, 2025. However, it would not affect stamped products and unused tax stamps held by wholesale dealers before this date. Additionally, all wholesale and retail dealers are required to file an inventory of their cigarette stock as of June 30, 2025, with the Department of Revenue by August 1, 2025. The bill grants the department authority to establish rules regarding the submission of these inventory reports.

If enacted, this legislation would take effect on July 1, 2025.

HOUSE W&M committee amendment [LINK]

• Requires (rather than provides for) the legislative auditor's involvement.
• Clarifies that the legislative auditor may recommend, rather than mandate, revoking a company's eligibility for tax incentives if conditions aren't met.
• Specifies that administering agencies must respond in writing to the auditor's evaluation, including proposed remedies if needed, and simultaneously transmit this response to both the auditor and the company.

HOUSE H&G committee amendment [LINK] require the legislative auditor to evaluate each state tax incentive at least every four years, including job creation, income impact, and cost-benefit analysis. Companies that fail to provide data or meet incentive terms lose eligibility. The auditor must notify the administering agency, which then informs the company within 90 days. The auditor may also recommend specific reforms based on findings.

Requires the Louisiana Legislative Auditor (LLA) to regularly evaluate state tax incentives and report findings to the Legislature. Grants the LLA enforcement authority, including the ability to recapture funds from companies that do not comply with data or performance requirements.

Key Provisions: 

- Requires LLA to evaluate all state tax incentives, with discretion to exempt those with minimal fiscal impact. 

- Permits contracting with third-party entities to assist with evaluations. 

- Mandates cost-benefit analyses including impacts on job creation, personal income, and GDP. 

- Requires assessments of fiscal protections, administrative efficiency, and recipient goal achievement. 

- Authorizes LLA to compel participation and data submission from incentive recipients. 

- Grants authority to recapture incentive funds for noncompliance or unmet obligations. 

- Recovered funds may be used for evaluations, economic development, or general expenses. 

- Requires biennial reports to the Legislature with recommendations to retain, reform, or repeal incentives.

LOCAL FEE INCREASE

Requires the Sewerage and Water Board of New Orleans to assess a stormwater fee on developed parcels in the city to fund the city’s public drainage system.

Key Provisions: 

- Mandates a stormwater fee on all developed parcels based on a formula rate plan approved by the Public Service Commission. 

- Fee calculation is based on impervious area; single-family parcels within a specified range of median impervious area are assessed a standard unit. 

- Parcels with greater or lesser impervious area are assessed proportionally. 

- Rebates may be provided for single-family parcels with stormwater reduction systems. 

- Discounts are available for non-residential parcels with enhanced stormwater retention or direct discharge to Lake Pontchartrain with treatment. 

- Fee revenues must fully fund the drainage system, including capital improvements and debt service. 

- Total fees are offset by city drainage millages and any city funding for infrastructure maintenance. 

- Stormwater fees are capped for single-family residential parcels at the equivalent of 16.34 mills. 

- Fees are collected via annual property tax bills; delinquent fees incur penalties.