The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Martha S. Hess.
DIGEST
SB 222 Engrossed 2015 Regular Session Donahue
Present law provides for the definitions of words used in Title 39 of the Louisiana Revised Statutes.
Proposed law would retain present law and add the definition of "incentive expenditures" to mean
the reductions of and payments from current tax collections because of the following incentive
benefit statutes:
(1)Atchafalaya Trace Heritage Area Development Zone Tax Exemption (Part II of Chapter 26
of Title 25 of the La. Revised Statutes, comprised of R.S. 25:1226 et seq.).
(2)Brownfields Investor Tax Credit (R.S. 47:6021).
(3)Cane River Heritage Tax Credit (R.S. 47:6026).
(4)Louisiana Community Economic Development Act (R.S. 47:6031).
(5)Ports of Louisiana Tax Credits (R.S. 47:6036).
(6)Motion Picture Investor Tax Credit (R.S. 47:6007).
(7)Research and Development Tax Credit (R.S. 47:6015).
(8)Digital Interactive Media and Software Tax Credit (R.S. 47:6022).
(9)Louisiana Motion Picture Incentive Program (Chapter 12 of Subtitle II of Title 47 of the La.
Revised Statutes of 1950, comprised of R.S. 47:1121 et seq.).
(10)Louisiana Capital Companies Tax Credit Program (Chapter 26 of Title 51 of the La. Revised
Statutes of 1950, comprised of R.S. 51:1921 et seq.).
(11)New Markets Tax Credit (R.S. 47:6016).
(12)University Research and Development Parks (R.S. 17:3389).
(13)Industrial Tax Equalization Program (Chapter 1 of Subtitle V of Title 47 of the La. Revised
Statutes of 1950, comprised of R.S. 47:3201 through 3205).
(14)Exemptions for Manufacturing Establishments (Chapter 3 of Subtitle V of Title 47 of the La.
Revised Statutes of 1950, comprised of R.S. 47:4301through 4306). (15)Enterprise Zones (Chapter 21 of Title 51 of the La. Revised Statutes of 1950, comprised of
R.S. 51:1781 et seq.).
(16)Sound Recording Investor Tax Credit (R.S. 47:6023).
(17)Urban Revitalization Tax Incentive Program (Chapter 22 of Title 51 of the La. Revised
Statutes of 1950, comprised of R.S. 51:1801).
(18)Technology Commercialization Credit and Jobs Program (Part VI of Chapter 22 of Title 51
of the La. Revised Statutes of 1950, comprised of R.S. 51:2351 et seq.).
(19)Angel Investor Tax Credit Program (R.S. 47:6020).
(20)Musical and Theatrical Productions Income Tax Credit (R.S. 47:6034).
(21)Retention and Modernization Act (Chapter 39-C of Title 51 of the La. Revised Statutes of
1950, comprised of R.S. 51:2399.1 through 2399.6).
(22)Green Jobs Industries Tax Credit (R.S. 47:6037).
(23)Louisiana Quality Jobs Program (Chapter 42 of Title 51 of the Louisiana Revised Statutes
of 1950, comprised of R.S. 51:2451 et seq.).
(24)Corporate Headquarters Relocation Program (Chapter 54 of Title 51 of the La. Revised
Statutes of 1950, comprised of R.S. 51:3111 through 3115).
(25)Competitive Projects Payroll Incentive Program (R.S. 51:3121).
(26)Procurement Processing Company Rebate Program (R.S. 47:6351).
(27)Rehabilitation of Historic Structures Tax Credit (R.S. 47:6019).
(28)Rebates for Donations to School Tuition Organizations (R.S. 47:6301).
Proposed law also defines "current tax collections" to mean the current collections of the taxes
imposed by Subtitle II of Title 47 of the La. Revised Statutes of 1950.
Proposed law requires the Revenue Estimating Conference (REC) to establish a forecast of incentive
expenditures for each fiscal year, beginning for fiscal year 2016-2017, which shall include a forecast
of the amount of payments from and reductions of current tax collections to be granted by each of
the incentive benefit statutes listed in the definition of incentive benefit for the forecasted year.
Provides that the forecast shall be an amount that is no less than the estimated amount of payments
from and reductions of current tax collections which will be made by each of the incentive benefit
statutes. Such forecast shall be used to provide for the statement of incentive expenditures in the
proposed executive budget. Proposed law provided that the incentive expenditure forecast shall be derived and based upon the
assumption that the current law and current administrative procedures will remain in effect for the
forecast period. Provides that the agency which administers the incentive benefit shall notify the
conference when the incentive expenditure forecast is not sufficient to meet the requirements of
current law or current administrative procedures. The conference may revise the forecast as
necessary. Provides that the incentive expenditure forecast shall be a separate forecast and shall not
be included in the estimates of the money to be received by the state general fund and dedicated
funds for the current and next fiscal years which are available for appropriation.
Proposed law provides for the information, and the timing of submission of the information, that
agencies of the state are to provide in order for the REC to prepare an incentive expenditure forecast.
Proposed law provides that the incentive expenditure forecast shall be determined by the REC
through a process to be decided by the conference except that any final action establishing an
incentive expenditure forecast shall be taken only pursuant to a unanimous decision by all of the
conference principals.
Effective July 1, 2015.
(Adds R.S. 39:2(15.1) and (15.2) and 24.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original bill
1. Deletes provisions providing for incentive expenditures to be contained in the
executive budget.