Implications:

The bill allows certain members of MERS to remain in that system instead of transferring to LASERS when they take a new position that would otherwise make them ineligible for MERS but eligible for LASERS.

Proposes changes to the membership rules for the Municipal Employees' Retirement System (MERS) and its interaction with the Louisiana State Employees' Retirement System (LASERS).

1.  Eligibility and Conditions:

• Applies to MERS members with at least 5 years of creditable service.
• Such members can elect to stay in MERS if they become employed in a LASERS-eligible position by filing a written notice of election with the MERS board of trustees within 30 days of starting the new job.
• Once made, this election is irrevocable.

1. Applicability:

• The law applies to individuals who start LASERS-covered employment after December 31, 2024.
• For those employed in such a position between December 31, 2024, and the bill’s effective date, they have 30 days from the effective date to file their election to remain in MERS.

1. Funding:

• Any costs resulting from this legislation will be covered by additional employer contributions, as required by Article X, Section 29(F) of the Louisiana Constitution.

1. Effective Date:

• The bill takes effect upon the governor’s signature or, if not signed, when the constitutional period for gubernatorial action expires. If vetoed and overridden by the legislature, it becomes effective the day after legislative approval.

1. Background:

• Under current law, MERS membership ends if a member resigns, is dismissed, or separates from service. This bill creates an exception, allowing continued MERS membership under the specified circumstances.

HOUSE floor amendments [LINK] change the position title throughout the bill from “chief of fire suppression” to “chief of operations.” They set new qualifications, requiring the person to have served as a battalion or district chief. The fire chief may reappoint or demote the chief of operations each year, and such demotions are not considered disciplinary and cannot be appealed. All references in the bill are updated to reflect this change.

HOUSE committee amendments [LINK] replace all references to “chief of operations,” “assistant chief,” or “second in command” with the title “chief of fire suppression.” They also establish new qualifications: the chief of fire suppression must have at least 25 years of service in fire suppression and at least one year as a suppression chief. If no one meets these criteria, the most senior suppression officer is appointed. Additional changes align terminology and procedures throughout the bill to reflect this new position title and structure.

Authorizes local governing authorities to create a new classified competitive fire service position—deputy fire chief, chief of operations, assistant chief, or second in command.

Key Provisions:

• Allows creation of the position by ordinance or resolution.
• Position must be filled competitively from within the department.
• Requires 15 years of full-time fire experience and current rank of captain.
• Appointee may supervise all classified personnel below the fire chief.
• Appointee retains and continues to earn seniority.
• May take promotional exams but cannot be promoted unless demoted back to prior rank.
• Subject to annual evaluations and civil service disciplinary protections.

Proposes an individual income tax deduction for Louisiana residents who pay homeowners' insurance premiums on their primary residences. The deduction would be equal to the actual amount of premiums paid during the taxable year. To qualify, the property must be located in Louisiana, owned by the taxpayer, serve as their primary residence, and be eligible for the homestead exemption. Taxpayers claiming this deduction are required to maintain records of the premiums paid and provide documentation to the Department of Revenue upon request. The Department may establish rules to implement these provisions. If enacted, the law would take effect on January 1, 2026, and apply to premiums paid on or after that date.

CONSTITUTIONAL AMENDMENT

Proposes an amendment to Article VII, Section 18(G)(1)(a)(ii) of the Louisiana Constitution.

Proposed constitutional amendment (HB269) would raise the income limit for homeowners to qualify for a property tax freeze on homes with a homestead exemption. Currently, the freeze applies if the homeowner's income is under $100,000, with that amount adjusted for inflation starting in 2026. The amendment would raise the limit to $200,000 and delay inflation adjustments until 2030. It would take effect January 1, 2027, and apply to 2027 property taxes. This change would allow more homeowners—such as seniors and disabled individuals—to qualify for property tax relief. Voters will decide on the amendment in the November 3, 2026 statewide election.

HOUSE committee amendments technical

Enacts R.S. 47:338.265 to authorize Slidell’s governing authority to levy a hotel occupancy tax up to 5% on room rents, subject to voter approval. The tax, paid by guests, funds recreational facilities or other municipal purposes outlined in the voter proposition. The city can contract with public entities for collection and set rules via ordinance. Effective upon governor’s signature or lapse of veto period, this bill boosts local revenue with community consent.

Revises and relocates Louisiana’s post-conviction relief procedures from the Code of Criminal Procedure to the Code of Civil Procedure, establishing new standards for filing, review, and adjudication of claims. The bill standardizes timelines, limits repetitive claims, and enhances procedures for DNA testing and factual innocence claims.

Key Provisions:

- Moves post-conviction relief procedures to the Code of Civil Procedure, creating Articles 3832–3853.

- Maintains that illegal sentences can be corrected at any time but limits some corrections to within one year of final judgment.

- Defines “custody” and establishes eligibility criteria: petitioner must be in custody or under supervision for a conviction.

- Prohibits post-conviction relief if appeal is pending or possible.

- Requires applications to be filed in the parish of conviction, using a uniform application.

- Establishes summary dismissal of frivolous or procedurally barred claims and requires courts to conduct preliminary review within 30 days.

- Sets grounds for relief, including constitutional violations, double jeopardy, and clear and convincing evidence of factual innocence.

- Provides for DNA testing procedures, mandates sample preservation until 2030 or longer in capital cases, and creates a fund to pay for testing for indigent petitioners.

- Disallows factual innocence claims by petitioners who pled guilty.

- Authorizes summary disposition or evidentiary hearings and allows hearings to be conducted remotely.

- Limits post-conviction relief to one year after final judgment, with exceptions for newly discovered evidence, retroactive constitutional rulings, and DNA testing provisions.

- Establishes timelines for judicial and prosecutorial actions and permits mandamus to enforce deadlines.

- Grants the attorney general the authority to assume responsibility in post-conviction cases, including all pending capital cases as of July 1, 2025.

- Repeals the existing Code of Criminal Procedure Articles 924–930.10 and redesignates cross-references accordingly.

HOUSE floor amendments [LINK] streamline post-conviction relief, especially in death penalty cases. They remove Article 882(A), limit factual innocence claims to filings after August 1, 2025, require courts to rule on the merits, and set firm deadlines. All review in death penalty cases must go directly to the Louisiana Supreme Court, and rulings must occur before execution dates. Delays over two years are presumed prejudicial.

HOUSE bureau floor amendments technical

Overhauls Louisiana’s post-conviction relief procedures, tightening eligibility, imposing stricter time limits, and clarifying procedural rules.

Key Provisions:

• Reduces the deadline to file post-conviction relief applications from two years to one year after final conviction.
• Requires dismissal of claims by ex-offenders no longer in custody or under supervision.
• Codifies that ineffective assistance claims waive attorney-client privilege.
• Limits successive or amended applications and grants DA/AG expanded rights to object or appeal.
• Treats untimely or repetitive filings as abandoned if no action is taken within two years.
• Establishes mandatory court deadlines for hearings and rulings, enforceable by mandamus.
• Clarifies that factual innocence claims must be supported by strong evidence; guilty pleas bar such claims.
• Repeals provisions allowing post-conviction plea agreements.
• Requires separate counsel appointments for direct appeal and post-conviction in death penalty cases.