SLS 15RS-110 ENGROSSED
2015 Regular Session
SENATE BILL NO. 221
BY SENATOR ADLEY
FUNDS/FUNDING. Provides for the dedications and uses on the deposit of the first one
hundred million dollars derived from certain general fund revenues attributable to an
increase in the base amount of mineral revenues received by the state as certified by the
Revenue Estimating Conference for various Transportation Trust Fund and other
transportation uses. (See Act)
1 AN ACT
2 To amend and reenact R.S. 48:77(A) and (B) and 2074(A) and to repeal R.S. 48:77(C),
3 2077(24), and Chapter 32 of Title 48 of the Louisiana Revised Statutes of 1950,
4 comprised of R.S. 48:2111 through 2119, relative to the dedication and use of certain
5 funds for transportation purposes; to provide for the certification and the use of the
6 increase in the base amount of certain mineral revenues received by the state; to
7 provide for the deposit and use of such monies into the Transportation Trust Fund
8 and for other transportation uses; to repeal provisions dedicating certain sales taxes
9 in the event of a projected deficit in the official Revenue Estimating Conference
10 forecast; to abolish the Transportation Mobility Fund, including the sources of
11 funding, the use of the monies in the fund, and authority to approve projects for such
12 purposes; to provide for an effective date; and to provide for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 48:77(A) and (B) and 2074(A) are hereby amended and reenacted
15 to read as follows:
16 §77. Transportation Trust Fund; dedication and uses of certain monies for
17 transportation purposes
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1 A. Beginning July 1, 2008, from the avails of the taxes imposed by Chapters
2 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950
3 from the sale, use, lease or rental, the distribution, the consumption, and the storage
4 for use or consumption of motor vehicles which are taxable pursuant to said Chapters
5 2, 2-A, and 2-B, and after satisfying the requirements of Article VII, Section 9(B) of
6 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
7 the treasurer shall deposit the following amounts as provided in Subsection B of this
8 Section: Beginning in Fiscal Year 2016-2017 and each fiscal year thereafter, in
9 the event that an increase in general fund revenues are certified by the Revenue
10 Estimating Conference as being attributable to an increase in the base amount
11 of mineral revenues received by the state as provided by the provisions of the
12 Act that originated as Senate Bill No. 122 of this 2015 Regular Session of the
13 Legislature, the state treasurer shall, after satisfying the requirements of Article
14 VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security
15 and Redemption Fund, deposit the first one hundred million dollars to the funds
16 to be dedicated for use as provided by Subsection B of this Section.
17 (1) For Fiscal Year 2008-2009, ten percent of such avails.
18 (2) For Fiscal Year 2009-2010, twenty percent of such avails.
19 (3) For Fiscal Year 2010-2011, thirty percent of such avails.
20 (4) For Fiscal Year 2011-2012, fifty percent of such avails.
21 (5) For Fiscal Year 2012-2013, seventy-five percent of such avails.
22 (6) For Fiscal Year 2013-2014, eighty-five percent of such avails.
23 (7) For Fiscal Year 2014-2015 and thereafter, all of the collections.
24 B. The avails of the taxes monies dedicated pursuant to Subsection A of this
25 Section shall be deposited for the purposes to the funds specified for the following
26 purposes:
27 (1) Ninety-three percent to The first seventy million dollars of the total
28 monies shall be deposited into the Transportation Trust Fund to be used
29 exclusively for state highway pavement and bridge sustainability projects in
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1 accordance with the department of transportation and development definitions
2 of such projects.
3 (2) After compliance with the provisions of Paragraph (B)(1) of this
4 Subsection, ninety-three percent of the remaining monies shall be deposited into
5 the Transportation Trust Fund to be appropriated and expended as follows:
6 (a) Not less than thirty percent of the total avails deposited in the
7 Transportation Trust Fund pursuant to Subsection A of this Section shall be
8 dedicated to highway priority program projects classified as capacity projects in
9 accordance with the Department of Transportation and Development
10 definitions of such projects.
11 (b) Seven percent of the total avails deposited in the Transportation Trust
12 Fund pursuant to Subsection A of this Section shall be used exclusively for port
13 construction and development priority program projects as provided in Chapter
14 47 of Title 34 (R.S. 34:3451 through 3463).
15 (c) The remainder of the total avails monies deposited in the Transportation
16 Trust Fund pursuant to Subsection A of this Section after compliance with
17 Subparagraphs (B)(2)(a) and (b) of this Paragraph shall be used exclusively for
18 highway priority projects. Such projects shall be specifically for state highway
19 pavement and bridge sustainability in accordance with the Department of
20 Transportation and Development definitions of such projects.
21 (2)(3) Seven percent After compliance with the provisions of Paragraph
22 (B)(1) of this Subsection, seven percent of the remaining monies shall be
23 deposited to the Transportation Mobility Fund infrastructure bank as provided in
24 the Act which originated as House Bill No. 618 of this 2015 Regular Session of
25 the Legislature. Unless otherwise approved by the Louisiana Transportation
26 Authority, the The avails monies deposited in the Transportation Mobility Fund
27 pursuant to Subsection A of this Section infrastructure bank pursuant to this
28 Subsection shall be used exclusively for final design and construction and shall not
29 be used for studies.
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1 * * *
2 §2074. Louisiana Transportation Authority; creation; board of directors; meetings;
3 quorum
4 A. The Louisiana Transportation Authority, hereafter referred to as the
5 "authority", is hereby created possessing full corporate powers to promote, plan,
6 finance, develop, construct, control, regulate, operate, and maintain any tollway or
7 transitway to be constructed within its jurisdiction. Additionally, the authority shall
8 administer and disburse the funds deposited into the Transportation Mobility Fund
9 in accordance with the provisions of R.S. 48:2112 et seq.
10 * * *
11 Section 2. R.S. 48:77(C) and 2077(24) and Chapter 32 of Title 48 of the Louisiana
12 Revised Statutes of 1950, comprised of R.S. 48:2111 through 2119, are hereby repealed.
13 Section 3. It is hereby declared by the Legislature of Louisiana that it is the
14 legislative intent that a portion of the costs of implementation of the provisions of Section 1
15 of this Act shall be deemed to be offset by any monies derived from the increase in the base
16 amount of mineral revenues received by the state prior to any deposit into the Budget
17 Stabilization Fund, as provided in the Act which originated as Senate Bill No. 122 of the
18 2015 Regular Session of the Legislature.
19 Section 4. This Act shall take effect and become operative if and when the Act
20 which originated as Senate Bill No. 122 of this 2015 Regular Session of the Legislature is
21 enacted into law and becomes effective.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jay R. Lueckel.
DIGEST
SB 221 Engrossed 2015 Regular Session Adley
Present law provides for the dedication and deposit of the avails of certain sales and use tax
monies into the Transportation Trust Fund (TTF) beginning July 1, 2008. Provides for the
uses of such monies for certain highway, port priority projects, and Transportation Mobility
Fund projects as approved by the La. Transportation Authority.
Present law specifically provides for a phase-in of the avails, from the sale, use, lease, rental
of motor vehicles which are taxable under the sales tax code, to be deposited into the
Transportation Trust Fund as follows: beginning July 1, 2008, for Fiscal Year 2009, ten
percent; for Fiscal Year 2010, twenty percent; for Fiscal Year 2011, thirty percent; for Fiscal
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Year 2012, fifty percent; for Fiscal Year 2013, seventy-five percent; for Fiscal Year 2014,
eighty-five percent; for Fiscal Year 2015 and thereafter, all of the collections.
Proposed law provides that beginning in Fiscal Year 2016-2017 and each fiscal year
thereafter, in the event that an increase in general fund revenues are certified by the Revenue
Estimating Conference as being attributable to an increase in the base amount of mineral
revenues received by the state as provided by the provisions of the Act that originated as
Senate Bill No. 122 of this 2015 Regular Session of the Legislature, the state treasurer shall,
after satisfying the requirements of Article VII, Section 9(B) of the Constitution of Louisiana
relative to the Bond Security and Redemption Fund, deposit the first one hundred million
dollars to the funds to be dedicated for use as provided by proposed law.
Present law provides for allocating the proceeds as follows: ninety-three percent to the
Transportation Trust Fund and seven percent to the Transportation Mobility Fund. Monies
in the TTF are to be distributed for the following - not less than thirty percent for capacity
projects; seven percent for port priority projects; and the remainder of the monies shall be
used exclusively for priority projects. Monies in the Transportation Mobility Fund shall be
used for final design and construction and shall not be used for studies.
Proposed law provides that the first seventy million dollars of the monies shall be deposited
into the TTF to be used exclusively for state highway pavement and bridge sustainability
projects. Thereafter, ninety-three percent of the monies shall be deposited into the TTF to
be allocated as follows: thirty percent for highway priority program projects classified as
capacity projects; seven percent for port construction and development priority program
projects; and the remaining monies for state highway pavement and bridge sustainability
projects.
Proposed law provides that the remaining seven percent shall be deposited to the
infrastructure bank as provided in the Act which originated as HB No. 618 for final design
and construction and shall not be used for studies.
Present law provides that if a deficit for the current fiscal year is projected due to a decrease
in the official forecast, the treasurer is directed to reduce the deposits required by these
provisions until such time as the official forecast equals or exceeds the forecast in effect
prior to the projected deficit, at which time the reduction shall cease.
Proposed law repeals the deficit reduction provisions.
Proposed law also repeals statutory provisions relative to the Transportation Mobility Fund.
Proposed law provides that it is declared by the Legislature that it is the legislative intent that
a portion of the costs of implementation of the provisions of Section 1 of the Act shall be
deemed to be offset by any monies derived from the increase in the base amount of mineral
revenues received by the state prior to any deposit into the Budget Stabilization Fund, as
provided in the Act which originated as Senate Bill No. 122 of the 2015 Regular Session of
the Legislature.
Effective and becomes operative if and when the Act which originated as Senate Bill No.
122 of this 2015 Regular Session of the Legislature is enacted into law and becomes
effective.
(Amends R.S. 48:77(A) and (B) and 2074(A); repeals R.S. 48:77(C), 2077(24), and 2111
through 2119)
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance on the original
bill
1. Substitutes state general fund revenues certified by the Revenue Estimating
Conference as being attributable to an increase in the base amount of mineral
revenues received by the state as provided by the provisions of the Act that
originated as Senate Bill No. 122 of this 2015 Regular Session of the
Legislature for vehicle sales and use taxes.
2. Limits the amount to the first one hundred million dollars of the funds
recognized by the Revenue Estimating Conference Committee to be used for
the purposes of the bill.
3. Provides for a statement of legislative intent that such funds shall be deemed
to be offset by any monies derived from the increase in the base amount of
mineral revenues received by the state prior to any deposit into the Budget
Stabilization Fund.
4. Makes effective and operative if and when the Act which originated as
Senate Bill No. 122 of this 2015 Regular Session of the Legislature is
enacted into law and becomes effective.
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