04/04/2008
The Legislature's regular session kicked off Monday with 1,800 bills filed. With the trial lawyers and labor unions pressing forward with their agenda, NFIB/Louisiana will be fighting hard to protect small business. We will be dealing with efforts to loosen workers' compensation laws to make it easier for workers to sue their employers. We will contend with lawmakers trying to water down the ethics laws that were implemented just a couple of months ago, and we will once again see bills to stop the Department of Revenue from hiring attorneys with contingency fee contracts. Other issues this session will include narrowing the gap between job openings and a skilled workforce, fighting off costly health insurance mandates and discussing illegal alien issues in the state.
Regulatory flexibility
House Bill 368, supported by NFIB/Louisiana and sponsored by Rep. Rick Nowlin (Natchitoches) is a common-sense approach to government regulations. HB 368 would require state agencies to notify small businesses of the costs associated with proposed new rules and regulations. We should be able to gain broad, bi-partisan support for HB 368, which would lend badly needed transparency to the regulatory process.
Health insurance mandates
We have at least 11 bills calling for health insurance mandates covering seven different issues from family therapy to contraception. We oppose mandates that would make health insurance even more expensive for small businesses.
The proposed mental health/substance abuse mandate is back. Lawmakers are offering a tax credit this time to help offset the resulting increases in premiums, but taxes are filed quarterly while health insurance premiums are paid monthly. Many of our members have cash flow issues at times and slim profit margins. Small business just does not have the money to front escalating insurance premiums.
Considering that only 49 percent of our members offer health benefits to their employees, we do not need mandates increasing the cost. In fact, small business owners need the option of offering a low-cost, bare-bones health plan to their employees – a Chevy as opposed to a Cadillac with all the options.
Contact your legislators in both the House and Senate now and tell them health insurance mandates only increase premiums, driving up premiums and making health benefits even less affordable for small business owners.
Workers' compensation
Roughly 86 percent of small business owners who responded to the 2008 NFIB/Louisiana Member Ballot said workers' comp premiums are too expensive and the system needs to be fixed. This session, there are many bills filed to reform workers' comp in some way. Some would be good for business, while others have the support of labor unions and trial lawyers. Some of the bills backed by the unions and trial lawyers would reduce the liability workers have when they are partially at fault for an injury, expand employer responsibility for modifying job descriptions, give workers' comp judges sole jurisdiction over workers' comp lawsuits, expand awards for damage and increase benefits an injured employee receives.
Pro-business bills would increase the burden of proof in workers' comp cases, implement a medical treatment schedule and tighten the law so they aren't as open to judicial interpretation.
Tax laws
Even after the special session on budget cuts, some legislators are still looking to eliminate additional state fees and change tax policy. SB 206 by Sen. Rob Marionneaux (Livonia) would repeal the state's inheritance tax, effective in 2010. Many lawmakers are asking for a constitutional amendment to allow tax rebates when there is a state budget surplus.
Lawsuits
It seems that every year bills are filed to loosen laws around lawsuits, and this year is no exception. We are looking at bills that would adjust the trigger for a jury trial and give plaintiffs more time to file certain lawsuits. However, we do have bills filed that would tighten laws so damages are not wide open. One bill would bar a plaintiff from recovery if they were at least 50 percent at fault.
Workforce training
A couple of bills would totally change the way we educate our state's workforce. We have been deeply involved with this effort, and Gov. Bobby Jindal supports a total rework of the system as well. Currently, all of the state's worker training programs stand alone rather than operate under one umbrella. This causes a breakdown in the system, wastes money and does not offer the proper training needed in crucial shortage areas of our state's workforce.
Loose ends
SB 287, called the Louisiana Healthcare Consumers Right to Know and sponsored by Sen. Willie Mount (Lake Charles), would give consumers access to provider-specific healthcare cost, quality and outcome. NFIB/Louisiana fully supports this bill, because we believe that having access to the cost of medical procedures gives the consumer the ability to make a more informed decision. Transparency in healthcare costs is an important component to fixing our ailing healthcare system.
There are a handful of bills filed aimed at establishing state laws to prohibit the harboring and transporting of illegal aliens.
Alert! Remember to vote: April 5
On Saturday, we go to the polls and decide the Democrat and Republican candidates who will face off on May 3 for U.S. District 1 and District 6 congressional seats.
Federal watch
NFIB's 2008 Presidential Elections Center: Take a moment to check out this Web site, which features national polling numbers, primary and caucus results, a delegate counter and more. Once the nominees have been selected, the site will house extensive issue education materials along with featured tools.
Useful links 
Louisiana State LegislatureLouisiana Department of Economic Development -- Small Business ResourcesLouisiana Small Business Development Centers Louisiana Small Business Employee TrainingSmall Business Administration -- Louisiana
