2018 Louisiana legislative session

2018 legislative sessions coverage
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Louisiana State Legislature
General information
Type:	State legislature
Term limits:	Senate: 3 terms (12 years) House: 3 terms (12 years)
Session start:	March 12, 2018
Session end:	May 18, 2018
Website:	Official Legislature Page
Leadership
Senate President:	John Alario (R)
House Speaker:	Taylor Barras (R)
Structure
Members:	39 (Senate), 105 (House)
Length of term:	4 years (Senate), 4 years (House)
Authority:	Art III, Louisiana Constitution
Salary:	$16,800/year + per diem
Elections
Redistricting:	Louisiana Legislature has control

This page provides an overview of the 2018 Louisiana State Legislature and its general and special sessions. The timelines below contain noteworthy events Ballotpedia curated throughout the year.

The state budget was one of the main issues legislators faced. Gov. John Bel Edwards (D) called three special sessions to address a budget shortfall resulting from temporary taxes that expired June 30. Click here for more information.

Click the links below to access relevant session information:

• February 19-March 5: First special session
• March 12-May 18: Regular session
• May 22-June 4: Second special session
• June 18-June 24: Third special session
• Budget

If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.

Overview[edit]

In 2018, the Louisiana State Legislature was in regular session from March 12 to May 18. The legislature held three special sessions:

1. February 19 to March 5,

2. May 22 to June 4, and

3. June 18 to June 24.^[1]

Partisan control[edit]

Louisiana was one of 16 states under a divided government in 2018, meaning it did not have a state government trifecta. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about divided governments and state government trifectas, click here.

The following tables show the partisan breakdown of the Louisiana State Legislature in the 2018 legislative session.

Senate[edit]

House[edit]

Leadership in 2018[edit]

Status of legislation[edit]

Special session, February 19 to March 5[edit]

February 19, 2018[edit]

Legislature convenes special session on budget, taxes
Gov. Edwards called a special session to discuss taxes and the state budget. The special session was the seventh in two years and the fifth to address state finances.^[2]

The state faced a $994 million budget deficit in fiscal year 2019 resulting from temporary taxes that expired June 30. Lawmakers instituted the temporary taxes in 2016 in response to a similar $1 billion budget deficit.^[3]

On April 12, the state's income forecasting panel decreased the projected shortfall from $994 million to $648 million, due to expected changes in the federal tax code. President Donald Trump (R) signed HR 1—the Tax Cuts and Jobs Act—amending the code December 22, 2017.^[4] Click here for more information.

Republicans supported higher sales taxes and legislation to control spending. Democrats preferred changing the state's income tax structure.^[3]

Tax proposals need a two-thirds majority in both chambers (26 senators and 70 House members) to pass. Gov. Edwards said he would support a temporary, partial extension of the sales tax.^[2] The Republican-controlled legislature blocked governor-supported attempts to raise taxes in previous sessions.^[5]

The legislature had until the end of the special session March 7 to raise revenue. The state constitution prohibits the legislature from passing revenue-raising tax measures during regular sessions in even-numbered years.^[6] Read more here.

March 5, 2018[edit]

Legislature adjourns special session
The legislature adjourned its special session two days ahead of schedule without passing legislation to address the state's budget shortfall. Representatives in the state House did not agree to advance a sales tax bill or an income tax deduction-related bill. Both pieces of legislation failed.^[7]

Gov. Edwards (D), House Speaker Taylor Barras (R), and Senate President John Alario (R) said they were considering adjourning the regular session early to hold another special session before June. Edwards and Barras agreed it would be difficult to consider a state budget bill during the regular session.^[8]

Lawmakers adjourned the regular session May 18—two weeks ahead of the projected adjournment date—to begin a second special session.^[1] Click here for information on the regular session and here for more on the second special session.

Regular session[edit]

March 21, 2018[edit]

State House advances sexual harassment policy bill
The state House unanimously approved House Bill 524 (HB 524). The bill would require state and local government agency heads to develop and implement sexual harassment prevention policies and compile an annual compliance report. It would also require public employees to receive mandatory sexual harassment training. HB 524 was sent to the state Senate.

Johnny Anderson, deputy chief of staff to Gov. Edwards, resigned November 22, 2017, amid allegations of sexual misconduct. Anderson denied any wrongdoing. A review of the allegations found Louisiana did not have uniform sexual harassment policies or protocols for addressing complaints.^[9]

In February, a former executive secretary to Secretary of State Tom Schedler (R) filed a lawsuit claiming Schedler had been sexually harassing her since 2017.^[10] Schedler resigned May 8.^[11] Click here for more information.

Update: The legislature approved HB 524 May 9. The governor signed it May 17.

April 12, 2018[edit]

State House approves bill expanding medical marijuana program
The state House voted 60 to 39 to add glaucoma, severe muscle spasms, intractable pain, post-traumatic stress disorder (PTSD), and Parkinson's disease to the list of diseases and disorders eligible for medical marijuana treatment. Cancer, seizure disorders, epilepsy, and muscular dystrophy were among the diseases and disorders already approved for treatment at the time of House Bill 579's passage. The bill was sent to the state Senate for consideration.^[12]

The House also approved House Bill 627, which would add autism spectrum disorder to the list.^[13]

Supporters such as Rep. Kenny Cox (D) said the bills would prevent veterans with PTSD and others with severe medical conditions from using opioids. Opponents like Rep. Scott Simon (R) questioned whether legislators were "swapping out one addictive drug for another."^[13]

Update: The Senate approved both bills May 9. The governor signed HB 627 May 23, and HB 579 June 1.

April 19, 2018[edit]

State House passes budget, Gov. Edwards says inadequate
The state House passed House Bill 1 (HB 1), a spending plan for the 2019 fiscal year, by a 55-47 vote. Three members did not vote. According to The Advocate, the $27 billion proposal would reduce funding for hospitals, state medical education programs, nursing home residents, and the Taylor Opportunity Program for Students (TOPS). TOPS is a scholarship program for state residents who attend state public colleges.^[14][15]

Responses to the House budget bill:

• Gov. Edwards (D) said the budget was inadequate and short of revenue. He suggested ending the regular session in advance and calling a special session to reach a deal on the state's finances. House Appropriations Chair Cameron Henry (R) downplayed the possibility of ending the regular session early.^[8][14]
• Democratic Caucus Chair Robert Johnson said that although the state was legally mandated to pass a budget, "we are not constitutionally obligated to pass this one."^[14]
• House Republican Caucus Chair Lance Harris said, "This is what a responsible budget looks like. ... The state cannot spend money it doesn't have."^[14] Read more here.

Update: The Senate passed HB 1 May 15. The governor vetoed the bill May 22.

April 24, 2018[edit]

State Senate approves bill restricting abortions after 15 weeks
The state Senate voted 31 to 3 on Senate Bill 181 (SB 181). The bill proposed restricting abortions after 15 weeks, down from 20 weeks under state law at the time. The bill was not set to go into effect unless a federal court upheld a similar law (HB 1510) in Mississippi.^[16] Read more here.

Update: The Senate approved SB 181 May 16. The governor signed it May 30. On November 20, a federal district judge in Mississippi permanently blocked HB 1510, also nullifying SB 181. Click here for more information.

May 9, 2018[edit]

Lawmakers send bill establishing new sexual harassment policies to governor's desk
The legislature approved House Bill 524, which would require state agencies to:

• adopt sexual harassment policies clarifying unwelcome sexual advances or sexual behavior as not tolerated,
• establish a grievance process for filing complaints,
• prohibit retaliation against individuals who file complaints,
• track employee sexual harassment training compliance,
• make the compliance data publicly available, and
• publish an annual report with the number of sexual harassment complaints received.

The bill would also require legislators to complete at least one hour of anti-harassment training per year.^[17][18]

HB 524 passed one day after the resignation of Secretary of State Schedler (R). Schedler stepped down following allegations of sexual misconduct. Click here to read more.

Update: The governor signed HB 524 May 17.

State Senate approves bills expanding list of medical marijuana-eligible diseases
The state Senate voted 25-9 for HB 579, which would add several diseases to the list eligible for medical marijuana. Senators also voted 21-10 for HB 627, which would add autism spectrum disorder to the list.^[19] The House approved both bills April 12.

Update: The governor signed HB 627 May 23 and HB 579 June 1.

May 15, 2018[edit]

Louisiana Senate passes budget bill
The state Senate voted 27-10 for HB 1, a $28 billion spending plan for the 2019 fiscal year. All 10 of the "no" votes were from Senate Democrats.

HB 1 would reduce funding to most state agencies by about 25 percent. Among those, TOPS would receive 30 percent less funding and colleges would receive 11 percent less. The food stamp program would be eliminated. Parks, museums, and the veterans cemetery program would be closed.

The bill would fully fund the state Health Department.

Senators acknowledged that a final version of HB 1 was not expected before a special session set to convene May 22. The bill was sent back to the House.^[20][21]

Update: The House approved a final version of the budget bill May 17. The governor vetoed the legislation May 22.

May 16, 2018[edit]

Senate approves bill to restrict abortion at 15 weeks
The legislature sent Senate Bill 181 (SB 181) to the governor's desk. The bill proposed restricting abortions after 15 weeks of pregnancy. It passed the House April 24 by a 31-3 vote and passed the Senate by a 24-1 vote May 16.^[22]

Gov. Edwards (D) said he would consider signing the bill.^[23] SB 181 was set to go into effect depending on a court ruling of a similar law (HB 1510) in Mississippi.^[22] Read more here.

Update: The governor signed SB 181 May 30. On November 20, a federal district judge in Mississippi permanently blocked HB 1510, also nullifying SB 181. Click here for more information.

State Senate passes construction funding bill
The state Senate unanimously approved House Bill 2 (HB 2), which decreased capital outlay funding from $961 million in fiscal year 2018 to $683 million in fiscal year 2019. Senate Revenue & Fiscal Affairs Committee Chairman Jean-Paul J. Morrell (D) said the cuts resulted from the state's financial difficulties. He said the bill still included funding for the most high-priority projects. Morrell added that many of the projects would receive funding through bond sales.^[24]

HB 2 was sent to the House for consideration on amendments. Read more here.

Update: The governor signed HB 2 June 1.

May 17, 2018[edit]

State House passes final budget bill, governor not expected to sign it
The state House approved a final version of the budget bill, HB 1, by a 61-37 vote. The bill was sent to Gov. Edwards, who was not expected to sign it. Edwards described the bill as "completely catastrophic to higher education, TOPS and anything other than health care." He also said he would "take action as necessary to make sure HB1 as currently drafted doesn't control our appropriations in the coming year."^[25]

Lawmakers convened a special session from May 22 to June 4 to discuss the state's funding gaps.

House Republican Caucus Chair Lance Harris said lawmakers were "entering into the special session knowing exactly where the funding gaps are and reducing the tax burden to the people of our state." He encouraged lawmakers to obtain feedback from constituents.^[25]

House Democratic Caucus Chair Robert Johnson said the budget bill might send the wrong message to constituents because, he thought, it did not present real solutions.^[25] Read more here.

Update: The governor vetoed HB 1 May 22.

May 30, 2018[edit]

Gov. Edwards signs 15-week abortion bill into law
Gov. Edwards, a Democrat, signed SB 181. The bill proposed restricting abortions after 15 weeks of pregnancy. It was set to go into effect if a court upehld a similar bill in Mississippi.^[26] Read more here.

SB 181 passed the House April 24 by a 31-3 vote and passed the Senate May 16 by a 24-1 vote.^[22]

Update: On November 20, a federal district judge in Mississippi permanently blocked HB 1510, also nullifying SB 181. Click here for more information.

Special session, May 22 to June 4[edit]

Legislators convened a special session from May 22 to June 4 to address the state's $648 million budget shortfall. The shortfall was expected to result from the expiration of nearly $1.4 billion in temporary taxes set to expire June 30. The governor suggested maintaining a portion of the taxes.^[27] Read more here.

The special session was the eighth in two years, the sixth to address state finances, and the second in 2018.

May 28, 2018[edit]

Louisiana House approves sales tax bill
In a 76-28 vote, the state House approved HB 27, the first sales tax proposal to pass the House in two years. Lawmakers originally voted down the bill May 25.

Sponsored by Rep. Lance Harris (R), HB 27 would renew one-third of a 1 percent sales tax set to expire June 30. It would also eliminate or decrease certain sales tax breaks until 2023. It was projected to bring in enough revenue to cover $366 million of the state's $648 million budget gap.^[28][29]

The state Senate passed the bill with amendments June 3. House members rejected the Senate's changes and the bill died in conference committee.

May 30, 2018[edit]

State Senate rewrites House sales tax bill
Senators rewrote HB 27, a sales tax proposal the House approved May 28. Louisiana's state sales tax rate at the time of the rewrite was 5 percent but would drop to 4 percent once temporary taxes expired June 30.

The state House approved a bill that would establish a 4.33 percent rate beginning July 1, 2018. Senators maintained the 4.33 percent rate but removed provisions that would have provided business exemptions and limited the rate to five years. The House version projected $365 million in revenue, while the Senate version projected $642 million. The state anticipated a $648 million budget shortfall beginning July 1.

Rep. Lance Harris (R), who sponsored the House version, said the Senate's rewrite would not pass the House. Sen. Jean-Paul J. Morrell (D) responded, "What about what will pass the Senate?" Harris did not agree to bring up the rewritten bill should it return to the House.

Senators duplicated their version of the sales tax bill in a second piece of House-approved legislation sponsored by House Speaker Pro Tem Walt Leger (D). Senators hoped if Harris failed to bring up his amended sales tax bill, House members could vote on Leger's duplicate measure.^[30] Read more here.

Update: The state Senate passed the bill with amendments June 3. House members rejected the Senate's changes and the bill died in conference committee.

May 31, 2018[edit]

Louisiana House passes budget bills
The state House approved House Bill 1 (HB 1), a $28.5 billion operating budget, by a 96-5 vote. It also passed House Bill 35 (HB 35), a $400 million supplemental budget, by a 96-7 vote.

According to The Advocate, HB 1 and HB 35 combined would not cut government services as dramatically as a budget proposed during the regular session. It would fund the TOPS scholarship program at 80 percent and would fully-fund higher education. HB 35 outlined funding from $400 million in tax revenue expected to be approved during the special session.

The bills were sent to the state Senate for consideration, with three days left of the special session.^[31]

Update:

• HB 1: The state Senate approved HB 1 June 3. Gov. Edwards signed it June 8.
• HB 35: HB 35 did not see further action in the state Senate.

June 3, 2018[edit]

Louisiana Senate passes $29 billion spending plan
The state Senate approved HB 1, a $29 billion spending plan, by a 38-1 vote. The bill extended one-half of a sales tax set to expire June 30, establishing the sales tax rate at 4.5 percent for seven years. The House previously approved HB 27, a bill extending the tax by one-third (4.33 percent) for five years. According to The Advocate, the difference in the two proposals would amount to 17 cents on a $100 purchase. House Speaker Taylor Barras (R) expressed concern about the Senate's sales tax provision.

Senators estimated HB 1 would raise $540 million in revenue to cover the state's $648 million budget shortfall. The Senate also included $53.3 million in a settlement between the state and BP related to the gulf oil spill in 2010. House Republicans said they expected to raise $400 million and make up the rest in budget cuts. At the time of HB 1's passage, the House had not fully considered including the BP settlement funds in a spending plan.

HB 1 would:

• fully fund the state's scholarship program, TOPS.
• maintain spending levels for colleges and universities and the state health department.
• raise corrections officer pay.
• expand foster care program payments to cover children until the age of 21, rather than 18 (the age at the time of HB 1's passage), and
• cut spending to various offices and departments, including the Office of Juvenile Justice, the attorney general's office, and the agriculture department.

Lawmakers had until the end of the special session June 4 to reach a budget deal or face a third special session.^[32][33]

Update: Gov. Edwards signed HB 1 June 8. Lawmakers convened a third special session June 18.

June 4, 2018[edit]

State Legislature approves spending plan, fails to pass revenue measures
The legislature approved a budget bill (HB 1) but failed to pass enough tax bills to fully fund it, resulting in up to $500 million in cuts to the TOPS scholarship program, colleges and universities, and other state agencies.

The Senate approved enough tax proposals to fund the government without major cuts, but the House rejected two proposals (HB 27 and HB 12) in the special session's final hour. HB 27, sponsored by Rep. Lance Harris (R), would have extended an expiring tax at a 4.3 percent rate. HB 12, sponsored by Speaker Pro Tem Walt Leger (R), would have extended the tax at a 4.5 percent rate. In the session's final minutes, House Speaker Taylor Barras (R), Rep. Harris, and Rep. Alan Seabaugh (R) filibustered to prevent the House from reconsidering HB 12.

According to The Times-Picayune, the final budget proposal resembled a budget that Gov. Edwards (D) vetoed May 22. At a press conference, Edwards did not say if he would veto the proposal. The Times-Picayune further reported that should the budget bill to become law, lawmakers would most likely pass additional revenue measures.^[34][35]

Edwards said he would call a third special session—which costs the state $60,000 per day—for lawmakers to address tax bills.^[36] Read more here.

Update: Gov. Edwards signed HB 1 June 8. Lawmakers convened a third special session June 18.

June 8, 2018[edit]

Gov. Edwards signs budget bill, calls third special session
Gov. Edwards (D) signed HB 1, the state's operating budget. Edwards said in a press release:

According to the release, more than $500 million in priorities remained unfunded at the end of the legislator's second special session. Edwards called for a third special session for legislators to adopt revenue measures to fund the priorities. He indicated that although the session could last 10 days, "there is nothing stopping the legislature from completing its work early."^[38][36]

Special session, June 18 to June 24[edit]

Lawmakers convened a special session from June 18 to June 24 to avoid a $648 million budget gap resulting from temporary taxes expiring June 30. Legislators failed to pass a budget plan in the first special session. They approved a $28.5 billion budget in the second special session but left a $500 million funding gap.^[1][38]

According to The Times-Picayune, House leadership supported a 4.4 percent sales tax rate after June 30, while Senate leadership and the governor wanted a 4.5 percent sales tax rate after June 30. The difference would amount to about 10 cents on a $100 purchase. Any sales tax rate implemented after June 30 replaced the expiring 5 percent sales tax rate.^[39]

The special session was the ninth in two years, the seventh to address state finances, and the third in 2018.

June 24, 2018[edit]

Legislature approves tax measure, adjourns session
The Louisiana State Legislature passed HB 10, a funding plan to extend part of a sales tax rate that would have expired June 30, ending a budget impasse. The temporary 5-percent sales tax rate would have decreased to 4 percent, but lawmakers approved a 4.45 percent rate beginning July 1, 2018, through June 30, 2025, estimated to bring in $500 million per year.^[40]

Lawmakers approved using the estimated revenue for the budget that began July 1, 2018. The funds were allocated to hospitals, public universities, the TOPS scholarship program, nursing homes, mental health services, and sheriffs, among others.^[41]

Update: Gov. Edwards signed the legislation June 24.

Budget[edit]

Louisiana faced a $648 million budget gap when temporary taxes expired June 30. The state's income forecasting panel originally estimated a $994 million shortfall but reduced the estimate to $648 million April 12 due to changes expected from federal tax code amendments. President Donald Trump (R) signed HR 1—the Tax Cuts and Jobs Act—amending the code December 22, 2017.^[4] Click here for more information.

Gov. Edwards (D) encouraged lawmakers to extend the temporary taxes or establish new revenue sources to avoid cuts in state spending. Lawmakers were unable to agree on tax and spending measures in a special session from February 19 to March 5.^[14] Click here for more information about the first special session.

In a second special session from May 22 to June 4, legislators approved HB 1, a $28.5 billion operating budget that fully funded healthcare services, the judiciary, and the legislature but required $500 million in spending cuts. HB 1 reduced education funding by $96 million and funded 70 percent of the TOPS state scholarship program for the 2018-2019 school year.^[42] Click here for more information about the second special session.

In a third special session from June 18 to June 24, lawmakers approved a sales tax measure to extend a temporary sales tax rate at 4.45 percent through 2025.^[41] Click here for more information about the third special session.

Under state law, tax bills must be generated in the state House and cannot be taken up during the regular session in even-numbered years.^[7]

Process[edit]

See also: Louisiana state budget and finances

Louisiana on

Check out Ballotpedia articles about policy in your state on:

Budgets • Civil liberties • Education • Elections • Energy • Environment • Healthcare • Pensions

The state operates on an annual budget cycle. The sequence of key events in the budget process is:^[43]

1. Budget instructions are sent to state agencies by September 20.
2. State agencies submit their budget requests by November 15.
3. The governor submits his or her proposed budget to the state legislature 45 days before the legislature convenes. (Newly elected governors have until 30 days before the legislature convenes.)
4. The legislature typically adopts a budget in June. A simple majority is required to pass a budget.^[44] The fiscal year begins July 1.

Louisiana is one of 44 states in which the governor has line item veto authority.^[43][45]

The governor is constitutionally required to submit a balanced budget proposal. Likewise, the legislature must pass a balanced budget.^[43]

Legislatively referred constitutional amendments[edit]

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the Louisiana Constitution can be amended:

See also: Article XIII of the Louisiana Constitution and Laws governing ballot measures in Louisiana

The Louisiana Constitution provides two mechanisms for amending the state's constitution— a legislative process and a state constitutional convention. Louisiana requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.

Legislature[edit]

See also: Legislatively referred constitutional amendment

According to Article XII, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A two-thirds (66.67%) vote is required during one session of the Louisiana State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 70 votes in the Louisiana House of Representatives and 26 votes in the Louisiana State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. Amendments can be referred to the ballot in odd-numbered years and even-numbered years in Louisiana.

Convention[edit]

See also: Convention-referred constitutional amendment

According to Article XII, the state legislature can provide for the calling of a constitutional convention by law enacted by two-thirds of the members of each chamber of the legislature.

2019 measures:

See also: Louisiana 2019 ballot measures

Certified:

The following measures were certified for the ballot.

• Louisiana Amendment 4, New Orleans Affordable Housing Property Tax Exemption Amendment (October 2019)
• Louisiana Amendment 1, Property Tax Exemption for Stored Materials Routed for Outer Continental Shelf Amendment (October 2019)

2018 measures:

Below is a list of measures that were referred to the 2018 ballot by the legislature.

See also: Louisiana 2018 ballot measures

Certified:

The following measures were certified for the ballot.

• Louisiana Amendment 6, Phase-In of Tax Increases from Property Reappraisal Amendment (2018)
• Louisiana Amendment 4, No Dedication of Transportation Trust Fund Revenue to State Police Amendment (2018)

See also[edit]

Elections	Louisiana State Government	State Legislatures	State Politics
Louisiana State Senate elections, 2015 Louisiana State Senate elections, 2011	Louisiana State Legislature Louisiana House of Representatives Governor of Louisiana Louisiana Supreme Court	State legislative elections, 2018 State legislative elections, 2017 State legislative special elections, 2017 State legislative elections, 2016	State government trifectas State government triplexes State executives State courts Ballot measures

External links[edit]

• Louisiana State Legislature

Footnotes[edit]

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