HLS 14RS-2035 ORIGINAL Page 1 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 1132 BY REPRESENTATIVE ABRAMSON FUNDS/FUNDING: Establishes the Louisiana Sports Economic Development Fund AN ACT1 To enact R.S. 39:100.126(D) and Subpart S of Part II-A of Chapter 1 of Subtitle I of Title2 39 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 39:100.137,3 relative to state and local funds; to establish the Louisiana Sports Economic4 Development Fund in the state treasury; to provide for the deposit, use, and5 investment of monies in the fund; to provide for definitions; to provide for certain6 determinations; to provide with respect to applications for monies from the fund; to7 provide for the administration of the fund; to provide for effectiveness; and to8 provide for related matters.9 Be it enacted by the Legislature of Louisiana:10 Section 1. R.S. 39:100.126(D) and Subpart S of Part II-A of Chapter 1 of Subtitle I11 of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.137, are12 hereby enacted to read as follows: 13 §100.126. Major Events Fund14 * * *15 D. The provisions of this Section shall not apply to any national or collegiate16 sporting event hosted by the state of Louisiana or any political subdivision of the17 state on or after January 1, 2015, which applies for and receives monies from the18 Louisiana Sports Economic Development Fund pursuant to R.S. 39:100.137.19 * * *20 HLS 14RS-2035 ORIGINAL HB NO. 1132 Page 2 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. SUBPART S. LOUISIANA SPORTS ECONOMIC DEVELOPMENT FUND1 §100.137. Louisiana Sports Economic Development Fund2 A. There is hereby established as a special fund in the state treasury, the3 "Louisiana Sports Economic Development Fund", hereinafter referred to as "the4 fund", which shall consist of a portion of the monies generated as a result of a5 qualified sporting event hosted by the state of Louisiana or any political subdivision6 of the state on or after January 1, 2015. After compliance with the requirements of7 Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond8 Security and Redemption Fund, the treasurer shall deposit no less than fifty percent9 of the amount of the incremental increase of state and local tax revenues generated10 in the market area of a qualified sporting event hosted by the state or a political11 subdivision of this state into the fund as determined pursuant to the provisions of12 Subsection D of this Section. The monies in the fund shall be invested by the state13 treasurer in the same manner as monies in the state general fund. All interest earned14 from the investment of monies in the fund shall be deposited into and remain in the15 fund. All unexpended and unencumbered monies remaining in the fund at the close16 of each fiscal year shall remain in the fund. Monies in the fund shall be used in17 accordance with the provisions of Subsection C of this Section.18 B. For purposes of this Subpart, the following terms shall have the following19 meanings unless the context clearly indicates otherwise:20 (1) "Local organizing committee" shall mean a nonprofit corporation or its21 successor in interest which is authorized by one or more endorsing parishes or22 municipalities acting collectively to pursue an application and bid on the applicant's23 behalf to a site selection organization for selection as the site of a qualified sporting24 event or has authorization from one or more endorsing parishes or municipalities25 acting collectively to execute an agreement with a site selection organization26 regarding a bid to host a qualified sporting event.27 (2) "Market area" shall mean the geographic boundaries of the parish in28 which the qualified sporting event is held which is chosen by the site selection29 HLS 14RS-2035 ORIGINAL HB NO. 1132 Page 3 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. organization of the national or collegiate sporting event to host the qualified sporting1 event.2 (3) "Qualified sporting event" shall mean any national or collegiate sporting3 event hosted by the state of Louisiana or any political subdivision of the state on or4 after January 1, 2015, which is not held in Louisiana on an annual basis.5 (4) "Site selection organization" shall mean the national governing body of6 a national sports organization or the governing body of a collegiate sports association7 with authority to select the site of a national or collegiate sporting event.8 C.(1) In order to receive monies from the fund, a local organizing committee9 shall apply for funding with the secretary of the Department of Economic10 Development. The secretary shall establish an application form and an application11 process which shall include all relevant information deemed necessary by the12 secretary in determining if the application meets the criteria necessary to qualify for13 monies from the fund. After receipt of the application, if the secretary of the14 Department of Economic Development determines that the application meets all15 qualifying and funding eligibility requirements provided for in this Section, the16 secretary shall recommend, in writing, to the Joint Legislative Committee on the17 Budget his funding recommendation for the application. The chairman of the Joint18 Legislative Committee on the Budget shall schedule a hearing regarding the funding19 recommendation of the secretary no later than forty-five days following the date of20 receipt of the recommendation from the secretary of the Department of Economic21 Development. If the Joint Legislative Committee on the Budget approves the22 secretary's funding recommendation, the chairman shall notify the state treasurer of23 the committee's approval of monies to be disbursed from the fund.24 (2) The secretary of the Department of Economic Development shall submit25 an annual report to the Joint Legislative Committee on the Budget regarding the26 applications funded throughout the calendar year and the fund balance. The annual27 report shall be submitted no later than the first day of February each year.28 HLS 14RS-2035 ORIGINAL HB NO. 1132 Page 4 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) Monies in the fund shall be used exclusively to fund the costs associated1 with applying for or bidding for selection of Louisiana or a political subdivision of2 the state as the site of a qualified sporting event, costs associated with necessary3 preparations for the conduct of a qualified sporting event in Louisiana or a political4 subdivision of the state, including construction or renovation of facilities necessary5 for hosting a qualified sporting event, and costs associated with actually conducting6 the qualified sporting event in Louisiana or a political subdivision of the state.7 D.(1) A qualified sporting event shall be eligible for funding from the fund8 under any of the following circumstances:9 (a) A site selection organization selects a site in Louisiana for the qualified10 sporting event after considering, through a highly competitive selection process, one11 or more sites located outside of Louisiana.12 (b) A site selection organization selects a site in Louisiana as the sole site for13 the qualified sporting event.14 (c) The qualified sporting event is not held more than one time in any15 calendar year and is not held in Louisiana on an annual basis.16 (2)(a) If a site selection organization selects a site in Louisiana for a17 qualified sporting event pursuant to an application by a local organizing committee,18 the legislative auditor shall determine for a one-month period prior to the date the19 qualified sporting event begins all of the following:20 (i) The baseline and the incremental increase in the amount of state sales and21 use tax receipts and state hotel occupancy taxes collected within the market area22 directly attributable to the preparation for and presentation of the qualified sporting23 event and its related activities.24 (ii) The baseline and incremental increase in the amount of local sales and25 use tax receipts and local hotel occupancy taxes collected within the market area26 directly attributable to the preparation for and presentation of the qualified sporting27 event and its related activities.28 HLS 14RS-2035 ORIGINAL HB NO. 1132 Page 5 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) Requests for determination of the baseline and incremental increase1 amounts as provided for in this Paragraph shall be submitted to the legislative auditor2 not earlier than six months prior to the date the qualified sporting event begins. The3 legislative auditor shall issue its determination of the baseline and incremental4 increase amounts no later than sixty days following the date the qualified sporting5 event ends. The legislative auditor shall base its determination of the baseline and6 incremental increase amounts on monthly statements of tax collections of the state,7 parish, and municipal governments within the market area, financial records and8 documentation submitted by the local organizing committee to the site selection9 organization, data obtained by the local organizing committee relating to the10 projected attendance and the potential economic impact of the qualified sporting11 event, and any other documentation the legislative auditor deems necessary to make12 its determination.13 (c) The legislative auditor shall notify the state treasurer, the secretary of the14 Department of Revenue, the secretary of the Department of Economic Development,15 and to the governing authority of the market area in which the qualified sporting16 event is held the amount of the baseline and incremental increase amounts17 determined by his office.18 (3)(a) Once the secretary of the Department of Revenue receives the amount19 of the incremental increase of state tax revenues from the legislative auditor, the20 secretary shall forward no less than fifty percent of the amount of the incremental21 increase to the state treasurer for deposit into the fund. The secretary may enter into22 an agreement with the treasurer to forward such monies over a six-month period.23 (b) Once the governing authority of the market area receives the amount of24 the incremental increase of local tax revenues from the legislative auditor, the25 governing authority of the market area shall forward no less than fifty percent of the26 amount of the incremental increase to the state treasurer for deposit into the fund.27 The governing authority of the market area may enter into an agreement with the28 state treasurer to forward such monies over a six-month period.29 HLS 14RS-2035 ORIGINAL HB NO. 1132 Page 6 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Abramson HB No. 1132 Abstract: Establishes the Louisiana Sports Economic Development Fund to provide funding for certain costs associated with applying for, bidding on, and hosting national or collegiate sporting events in Louisiana. Present law provides for the establishment to the "Major Event Fund" as a special fund in the state treasury to provide funding for entities within the state for the costs associated with attracting, hosting, and staging major events of area-wide, statewide, regional, national, or international prominence. Such funding requires prior approval of the Joint Legislative Committee on the Budget (JLCB). Proposed law retains present law but exempts national or collegiate sporting events hosted by the state or any political subdivision of the state on or after Jan. 1, 2015, which apply for and receive monies from the Louisiana Sports Economic Development Fund. Proposed law establishes the "Louisiana Sports Economic Development Fund", hereinafter referred to as "the fund", as a special fund in the state treasury, which shall consist of a portion of the monies generated as a result of a qualified sporting event hosted by the state or any political subdivision of the state on or after Jan. 1, 2015. Requires the treasurer to deposit no less than 50% of the amount of the incremental increase of state and local tax revenues generated in the market area of a qualified sporting event hosted by the state or a political subdivision of this state into the fund as determined pursuant to the provisions of proposed law. Proposed law defines "market area" as the geographic boundaries of the parish in which the qualified sporting event is held which is chosen by the site selection organization of the national or collegiate sporting event to host the qualified sporting event. Defines "qualified sporting event" as any national or collegiate sporting event hosted by the state or any political subdivision of the state on or after Jan. 1, 2015, which is not held in La. on an annual basis. Proposed law requires a local organizing committee to apply for funding with the secretary of the Department of Economic Development (DED). Requires the secretary to establish an application form and an application process. If the secretary of DED determines that the application meets all requirements of proposed law, the secretary shall recommend, in writing, to the JLCB his funding recommendations for the application. Proposed law requires the chairman of the JLCB to schedule a hearing no later than 45 days following the date of receipt of the recommendation from DED. If the JLCB approves the funding recommendation, the chairman shall notify the state treasurer of the committee's approval to disburse monies from the fund. Proposed law requires DED to submit an annual report no later than the first day of Feb. each year to the JLCB regarding applications funded throughout the calendar year and the fund balance. Proposed law requires monies in the fund to be used exclusively to fund the costs associated with applying for or bidding for selection of La. or a political subdivision of the state as the site of a qualified sporting event, costs associated with necessary preparations for the conduct of a qualified sporting event, including construction or renovation of facilities, and HLS 14RS-2035 ORIGINAL HB NO. 1132 Page 7 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. costs associated with actually conducting the qualified sporting event in La. or a political subdivision of the state. Proposed law provides for the eligibility of a qualified sporting event to receive monies from the fund. Proposed law requires the legislative auditor to determine for a one-month period prior to the date the qualified sporting event begins the baseline and the incremental increase in the amount of state and local sales and use tax receipts and state and local hotel occupancy taxes collected within the market area directly attributable to the preparation for and presentation of the qualified sporting event and its related activities. Requires the legislative auditor to issue its determination of the baseline and incremental increase amounts no later than 60 days following the date the qualified sporting event ends. Proposed law requires the legislative auditor to notify the state treasurer, the secretary of the Dept. of Revenue (DOR), the secretary of DED, and to the governing authority of the market area in which the qualified sporting event is held the amount of the baseline and incremental increase amounts determined by his office. Proposed law requires DOR and the governing authority for the market area to forward no less than 50% of the amount of the incremental increase to the state treasurer for deposit into the fund once these parties receive the legislative auditor's determination of the amount of the incremental increase in state and local tax revenues. Proposed law authorizes DOR and the governing authority of the market area to enter into an agreement with the state treasurer to forward such monies over a six-month period. (Adds R.S. 39:100.126(D) and 100.137)