Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB221 Comm Sub / Analysis

                    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)]
SB 221 Reengrossed 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
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 2017-2018 and each fiscal year
thereafter, from the avails of certain sales and use taxes and inventory tax, the treasurer must
deposit an amount equal to the increase in general fund revenues are certified by the
Revenue Estimating Conference as being attributable to the provisions of the Act that
originated as SB 122 of the 2015 R.S., but this amount cannot exceed $100 million.
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: not less than thirty percent for highway priority program projects
classified as capacity projects; twenty-five 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 into the Louisiana
State Transportation Infrastructure Fund as provided in the Act which originated as HB 767
for final design and construction and shall not be used for studies.
Proposed law provides that if the Act which originated as HB 767 fails to pass and is not
enacted into law, the monies allocated to this Paragraph shall be deposited into the
Transportation Trust Fund and used exclusively for port construction and development
priority program projects as provided in proposed law.
Proposed law specifies that none of the monies deposited into the TTF pursuant to proposed
law shall be appropriated to the office of state police.
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)
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.
Senate Floor Amendments to engrossed bill
1. Adds that beginning in Fiscal Year 2017-2018 and each fiscal year thereafter,
from the avails of certain sales and use taxes and inventory tax, the treasurer
must deposit amount equal to the increase in general fund revenues as
certified by the Revenue Estimating Conference as being attributable to the
provisions of the Act that originated as SB 122 of this 2015 R.S., but this
amount may not exceed $100 million.
2. Increases the amount, from seven to twenty-five to be used for port
construction an development priority program projects.
3. Change provision relative to HB 618 of the 2015 R.S. to HB 767 of the 2015
R.S.
4. Provides a procedure for allocation of monies if the Act which originated as
HB 767 fails to pass and is not enacted into law.
5. Makes technical corrections.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
reengrossed bill:
1. Specify that none of the monies deposited shall be appropriated to the office of
state police.
2. Change references from the state infrastructure bank to the Louisiana State
Transportation Infrastructure Fund.