ENROLLED
2020 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 76
BY REPRESENTATIVE WRIGHT
A CONCURRENT RESOL UTION
To urge and request that changes to the carryback provisions of the corporate income tax
deduction for net operating losses to mirror the carryback provisions of the net
operating loss deduction adopted in the federal CARES Act be included in any
proclamation convening an extraordinary session of the legislature in 2020.
WHEREAS, on March 11, 2020, Governor John Bel Edwards invoked his authority
under the Louisiana Health Emergency Powers Act, La. R.S. 29:760 et seq., to issue
Emergency Proclamation Number 25 JBE 2020, which declared a statewide public health
emergency as a result of the imminent threat posed to Louisiana citizens by the outbreak of
a respiratory disease caused by the novel coronavirus known as COVID-19; and
WHEREAS, on March 13, 2020, the governor issued Emergency Proclamation
Number 27 JBE 2020, which supplemented the measures taken in Emergency Proclamation
Number 25 JBE 2020 with additional restrictions to further protect the health and safety of
the public and expressly provided for "'emergency-related claims'. . . for unemployment
compensation filed by persons whose unemployment is directly due to the impact of
COVID-19 or due to their inability to get their job or worksite because they are sick, isolated
or quarantined, caring for a sick family member, or when an employee's child's school is
closed as determined by the administrator of the state's unemployment compensation
program"; and
WHEREAS, on March 22, 2020, the governor issued Emergency Proclamation
Number 33 JBE 2020 which implemented a general stay-at-home order to the public and
additional measures including the temporary closure of certain businesses, further limiting
the operations of certain non-essential businesses to the public in an effort to mitigate the
impact of COVID-19 and to disrupt the spread of the virus; and
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WHEREAS, these businesses have experienced serious hardship and financial
disruption due to COVID-19 impacts on their operations and workforces; and
WHEREAS, the financial impact of the unprecedented COVID-19 pandemic on these
businesses has been severe and could subject them to economic losses; and
WHEREAS, the ability of these businesses to expeditiously return to their previous
levels of operation is critical to Louisiana's economy, as well as preserving state and local
government revenues; and
WHEREAS, the initial months of their operation will present cashflow challenges
that may impair their reengagement in their commercial activity and, in some cases, even
result in their failure to remain in business; and
WHEREAS, changes to the state net operating loss carryback provisions are
necessary in order for the state deduction to mirror the net operating loss provisions included
in the federal Coronavirus Aid, Relief, and Economic Security Act "CARES Act", P.L. 116-
136, will assist businesses in overcoming the cashflow issues they will face.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request that changes to the carryback provisions of the corporate income tax
deduction for net operating losses to mirror the carryback provisions of the net operating loss
deduction adopted in the federal CARES Act be included in any proclamation convening an
extraordinary session of the legislature in 2020.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
governor of the state of Louisiana, the speaker of the House of Representatives, and the
president of the Senate.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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