HLS 161ES-223 ENGROSSED
2016 First Extraordinary Session
HOUSE BILL NO. 100
BY REPRESENTATIVE TALBOT
FUNDS/FUNDING: Eliminates certain statutory dedications and eliminates certain
dedications of certain funds (Item #7)
1 AN ACT
2To amend and reenact R.S. 3:2(C), 4411(A), and 4423(3), R.S. 13:5073(A)(1), R.S.
3 17:407.27(B)(3), 3046.3(C), 4019(C), and 5068(D)(3), R.S. 22:1476(A)(2), R.S.
4 23:1514(D)(5), R.S. 27:27.1(F), 92(B)(2), 249(A), 270(A)(2) and (3)(a), 392(B)(2)
5 and (C)(7), and 437(B)(1)(c) and (2) and (C)(2), (3), and (4), R.S. 33:9551(E)(3),
6 9561(E)(3), and 9571(E)(3), R.S. 39:82(A), 352, and 1590(A)(2)(b) and (c) and
7 (B)(2), R.S. 42:262(B), R.S. 46:977.13, R.S. 47:9029(B), R.S. 51:1927.1, 2211(A),
8 2332(3), and 2341(F), 2361, 2362(A)(introductory paragraph), 2363, 2365,
9 2365.1(B) through (D), and 2366 and Section 4(B) of Act No. 421 of the 2013
10 Regular Session of the Legislature, to enact R.S. 27:392(C)(8), and to repeal R.S.
11 3:4411(B) and (C), R.S. 11:544, R.S. 15:147(B)(14), 167, 185.5, and 572.8(N), R.S.
12 17:354, 421.7, 1874, 3129.6, 3138.2, 3138.3, 3138.4, and Part VI of Chapter 42 of
13 Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:4001, R.S.
14 22:831(B), R.S. 24:39, R.S. 27:92(C), and 392(B)(6), R.S. 28:842, R.S. 39:97.3,
15 98.7, Subpart G of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
16 Revised Statutes of 1950, comprised of R.S. 39:100.1, Subpart H of Part II of
17 Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,
18 comprised of R.S. 39:100.11, Subpart I of Part II of Chapter 1 of Subtitle I of Title
19 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.21, Subpart
20 J of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of
21 1950, comprised of R.S. 39:100.26, Subpart K of Part II of Chapter 1 of Subtitle I
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HB NO. 100
1 of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.31,
2 Subpart M of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised
3 Statutes of 1950, comprised of R.S. 39:100.41, Subpart N of Part II of Chapter 1 of
4 Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
5 39:100.51, Subpart P-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the
6 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.81, Subpart Q-1 of
7 Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of
8 1950, comprised of R.S. 39:100.122, Subpart Q-2 of Part II of Chapter 1 of Subtitle
9 I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
10 39:100.123, Subpart R of Part II of Chapter 1 of Subtitle I of Title 39 of the
11 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.126, Subpart R-1 of
12 Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of
13 1950, comprised of R.S. 39:100.136, Subpart S of Part II of Chapter 1 of Subtitle I
14 of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.146,
15 and R.S. 39:1357, R.S. 40:16.2 and 1402, R.S. 46:2913, R.S. 47:318, 841(G), 841.1,
16 841.2, 1520(A)(1)(e), 1602.1, and 6351(G)(3) and (4), R.S. 49:259, R.S. 51:2212(3),
17 2213, and 2315, and Code of Criminal Procedure Article 926.1(K), Section 7 of Act
18 No. 420 of the 2013 Regular Session of the Legislature, and Section 3 of Act No.
19 1065 of the 1997 Regular Session of the Legislature, relative to special treasury
20 funds; to provide for the elimination of certain special treasury funds; to eliminate
21 certain dedications into certain special treasury funds; to eliminate certain required
22 expenditures from special treasury funds; to eliminate the Forest Productivity Fund,
23 Louisiana Public Defender Fund, Indigent Parent Representation Program Fund,
24 Innocence Compensation Fund, Academic Improvement Fund, Support Education
25 in Louisiana First Fund, Workforce Training Rapid Response Fund, Higher
26 Education Initiatives Fund, Louisiana Charter School Start-Up Loan Fund, Louisiana
27 State Police Salary Fund, Municipal Fire and Police Civil Service Fund, Legislative
28 Capitol Technology Enhancement Fund, Riverboat Gaming Enforcement Fund,
29 Equine Health Studies Program Fund, Southern University AgCenter Program Fund,
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HB NO. 100
1 Compulsive and Problem Gaming Fund, Tobacco Settlement Enforcement Fund,
2 Payments Towards the UAL Fund, Sports Facility Assistance Fund, Overcollections
3 Fund, FEMA Reimbursement Fund, State Emergency Response Fund, Louisiana
4 Interoperability Communications Fund, Health Care Redesign Fund, Community
5 Water Enrichment Fund, Marketing Fund, Tobacco Tax Health Care Fund,
6 Department of Justice Legal Support Fund, Rapid Response Fund, Louisiana Mega-
7 Project Development Fund, Major Events Incentive Program Subfund, DNA Testing
8 Post-Conviction Relief for Indigents Fund, 2013 Amnesty Collections Fund,
9 Workforce and Innovation for a Strong Economy Fund, Competitive Core Growth
10 Fund, Science, Technology, Engineering and Math (STEM) Upgrade Fund,
11 Louisiana Asbestos Detection and Abatement Fund, Center of Excellence for Autism
12 Spectrum Disorder Fund, Major Events Fund, Unfunded Accrued Liability and
13 Specialized Educational Institutions Support Fund, MediFund, Department of Health
14 and Hospitals' Facility Support Fund, FMAP Stabilization Fund, Fund for
15 Louisianians in Need of Civil Legal Assistance, Fiscal Administrator Revolving
16 Loan Fund, Status of Grandparents Raising Grandchildren Fund, Louisiana
17 Economic Development Fund, Tobacco Regulation Enforcement Fund, Department
18 of Alcohol and Tobacco Control Officers Fund, Tobacco Tax Medicaid Match Fund,
19 Higher Education Financing Fund, Sickle Cell Fund, and the New Orleans Public
20 Safety Fund; to provide for the uses of the Video Draw Poker Device Fund to
21 authorize the transfer of balances between funds; to provide relative to the Pari-
22 mutuel Live Racing Facility Gaming Control Fund; to provide for deposit of monies
23 into the state general fund; and to provide for related matters.
24Be it enacted by the Legislature of Louisiana:
25 Section 1. R.S. 3:2(C), 4411(A), and 4423(3) are hereby amended and reenacted to
26read as follows:
27 §2. Creation, powers, and duties of Department of Agriculture and Forestry and the
28 commissioner of agriculture and forestry
29 * * *
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1 C. All funds derived from the sale of timber on state lands under this Section
2 shall be deposited in the state treasury for deposit into the state general fund. Monies
3 derived from the sale of timber on state lands in the custody of the Department of
4 Health and Hospitals shall be deposited into the Department of Health and Hospitals'
5 Facility Support Fund as provided in R.S. 40:16.2. The legislature shall annually
6 appropriate to the Department of Agriculture and Forestry the costs incurred by that
7 department under the provisions of this Section.
8 * * *
9 §4411. Forestry Productivity Fund; disposition of funds
10 A. Funds equal to seventy-five percent of that portion of the severance tax
11 on timber allocated to the state by Article VII, Section 4(D) of the Constitution of
12 Louisiana shall be deposited immediately upon receipt into the state treasury for
13 deposit into the state general fund.
14 * * *
15 §4423. Definitions
16 As used in this Part, the following terms shall have the meanings ascribed
17 below:
18 * * *
19 (3) "Incentives" means any tax exemption, tax credit, tax exclusion, tax
20 deduction, rebate, investment, contract, or grant made available by the state to
21 directly support the purchase of forestry products. "Incentives" shall not mean any
22 such benefit available under statutorily provided programs including Louisiana
23 Quality Jobs Program Act (R.S. 51:2451, et seq.), Louisiana Enterprise Zone Act
24 (R.S. 51:1781, et seq.), Industry Assistance (R.S. 47:4301, et seq.), Industrial Tax
25 Exemption (La. Const. Art. VII, Sec. 21(F), Economic Development Award Program
26 (R.S. 51:2341), Economic Development Loan Program (R.S. 51:2312), and Tax
27 Equalization (R.S. 47:3201, et seq.), Rapid Response Fund (R.S. 51:2361), and
28 Mega-Project Development Fund (R.S. 51:2365).
29 Section 2. R.S. 13:5073(A)(1) is hereby amended and reenacted to read as follows:
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1 §5073. Certifications; directory; tax stamps
2 A.(1) Every tobacco product manufacturer whose cigarettes are sold in this
3 state, whether directly or through a distributor, retailer, or similar intermediary or
4 intermediaries, shall execute and deliver on a form prescribed by the attorney general
5 a certification to the secretary and attorney general, no later than the thirtieth day of
6 April each year, certifying under penalty of perjury that, as of the date of such
7 certification, such tobacco product manufacturer either: is a participating
8 manufacturer; or is in full compliance with R.S. 13:5061 et seq., including all
9 installment payments required by R.S. 13:5075(J). For the initial certification
10 submitted no later than the thirtieth of April each year, a manufacturer shall pay to
11 the attorney general a fee of five hundred dollars. The fees generated pursuant to this
12 Section shall be deposited in the Tobacco Settlement Enforcement Fund state general
13 fund and used solely and exclusively for purposes of enforcement of the Master
14 Settlement Agreement, pursuant to R.S. 39:98.7.
15 * * *
16 Section 3. R.S. 17:407.27(B)(3), 3046.3(C), 4019(C), and 5068(D)(3) are hereby
17amended and reenacted to read as follows:
18 §407.27. The Cecil J. Picard LA 4 Early Childhood Program; early childhood
19 development and enrichment activity classes; financial assistance
20 * * *
21 B.
22 * * *
23 (3) As provided in this Subsection, when a participating school district
24 receives privately funded scholarship funds pursuant to this Subsection, the annual
25 appropriation of state funds for the Cecil J. Picard LA 4 Early Childhood Program
26 shall be reduced by the amount of the private scholarship program funds so received.
27 The commissioner of administration shall determine and specify the amount of the
28 reduction from the source of the funds to provide the maximum benefit to the state
29 from the privately funded scholarship program. The state treasurer shall deposit the
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1 amount of the reduction as specified by the commissioner of administration into the
2 Overcollections Fund created in R. S. 39:100.21 and credit the deposit to an account
3 within the fund hereby established and created to be known as the "Program
4 Participation Savings Account" state general fund.
5 * * *
6 §3046.3 Private Scholarships
7 * * *
8 C. As provided in this Section, when an eligible college or university
9 receives privately funded scholarship funds on behalf of a student, the state funds for
10 the Louisiana GO Grant program shall be reduced by the amount of the private
11 scholarship program funds so received. The commissioner of administration shall
12 determine and specify the amount of the reduction from the source of the funds to
13 provide the maximum benefit to the state from the privately funded scholarship
14 program. The state treasurer shall deposit the amount of the reduction as specified
15 by the commissioner of administration into the Overcollections Fund created in R.
16 S. 39:100.21 and credit the deposit to an account within the fund hereby established
17 and created to be known as the "Program Participation Savings Account" state
18 general fund.
19 * * *
20 §4019. Private scholarships
21 * * *
22 C. As provided in this Section, when a participating school receives privately
23 funded scholarship funds on behalf of a student pursuant to this Section, the annual
24 appropriation of state funds for the program shall be reduced by the amount of such
25 private scholarship program funds so received. The commissioner of administration
26 shall determine and specify the amount of the reduction from the source of the funds
27 to provide the maximum benefit to the state from the privately funded scholarship
28 program. The state treasurer shall deposit the amount of such reduction as specified
29 by the commissioner of administration into the Overcollections Fund created in R.S.
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1 39:100.21 and credit such deposit to an account within the fund hereby established
2 and created to be known as the "Program Participation Savings Account" state
3 general fund.
4 * * *
5 §5068. Miscellaneous
6 * * *
7 D.
8 * * *
9 (3) As provided in this Subsection, if an eligible college or university
10 receives privately funded scholarship funds on behalf of a student, the state funds for
11 the Taylor Opportunity Program for Students shall be reduced by the amount of the
12 private scholarship program funds so received. A reduction shall not affect the
13 estimated nature of the Taylor Opportunity Program for Students appropriation as
14 provided in the Act or Acts that contain such appropriations. The commissioner of
15 administration shall determine and specify the amount of the reduction from the
16 source of the funds to provide the maximum benefit to the state from the privately
17 funded scholarship program. The state treasurer shall deposit the amount of such
18 reduction as specified by the commissioner of administration into the
19 Overcollections Fund created in R.S. 39:100.21 and credit the deposit to an account
20 within the fund hereby established and created to be known as the "Program
21 Participation Savings Account" state general fund.
22 * * *
23 Section 4. R.S. 22:1476(A)(2) is hereby amended and reenacted to read as follows:
24 §1476. Assessments against insurers; dedications
25 A.
26 * * *
27 (2) An amount equal to two and one-fourth hundredths of one percent of the
28 gross direct premiums received in this state, in the preceding year; two and thirty-
29 seven hundredths of one percent of the direct gross premiums received in this state,
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1 in the year 2001; and two and one-half hundredths of one percent of the direct gross
2 premiums received in the state, in the year 2003 and every year thereafter by insurers
3 doing business in this state and subject to this Subpart, less returned premiums shall
4 be deposited by the commissioner of insurance with the state treasurer to be credited
5 to a special fund created in the state treasury entitled the Municipal Fire and Police
6 Civil Service Operating Fund, hereinafter known as the "fund". Subject to an annual
7 appropriation by the legislature pursuant to the provisions of R.S. 33:2480 and 2540,
8 monies in the fund shall be used solely to support the operations of the office of state
9 examiner, Municipal Fire and Police Civil Service. Monies in the fund shall be
10 invested by the treasurer in the same manner as monies in the state general fund and
11 interest earned on investment of these monies shall be credited to the state general
12 fund. All unexpended and unencumbered monies in the fund at the end of the fiscal
13 year shall revert to the state general fund.
14 * * *
15 Section 5. R.S. 23:1514(D)(5) is hereby amended and reenacted to read as follows:
16 §1514. Worker training fund; purpose; training programs; eligibility criteria;
17 program administration
18 * * *
19 D.
20 * * *
21 (5) The administrator may annually set aside an amount up to ten percent of
22 the amount appropriated to the fund by the state legislature for preemployment
23 training in any year in which the legislature appropriates funds for training equal to
24 or exceeding those funds appropriated in the previous year to the Rapid Response
25 Fund created by R.S. 51:2361 or to the Louisiana Economic Development Fund
26 created by R.S. 51:2315. All preemployment training shall require an employer
27 matching contribution of not more than fifty percent, and job placement outcomes
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1 at wage rates commensurate with training, as determined by the administrator
2 pursuant to duly promulgated rules and regulations.
3 * * *
4 Section 6. R.S. 27:27.1(F), 92(B)(2), 249(A), 270(A)(2) and (3)(a), 392(B)(2) and
5(C)(7), and 437(B)(1)(c) and (2) and (C)(2), (3), and (4) are hereby amended and reenacted
6and R.S. 27:392(C)(8) is hereby enacted to read as follows:
7 §27.1. Uniform compulsive and problem gambling program
8 * * *
9 F. In any proceeding brought against any licensee, permittee, or casino
10 gaming operator and any employee thereof for a willful violation of the self-
11 exclusion rules of the board, the board may order the forfeiture of any money or
12 thing of value obtained by the licensee or the casino gaming operator from any self-
13 excluded person. Any money or thing of value so forfeited shall be deposited into
14 the Compulsive and Problem Gaming Fund established pursuant to R.S. 28:842 state
15 general fund.
16 * * *
17 §92. Collection and disposition of fees
18 * * *
19 B.
20 * * *
21 (2) After complying with the provisions of Paragraph (1) of this Subsection,
22 the state treasurer shall, each fiscal year, credit the following amounts to the
23 following funds:
24 (a)(i) One percent, not to exceed five hundred thousand dollars, to the
25 Compulsive and Problem Gaming Fund established by R.S. 28:842.
26 (ii) The amounts of winnings withheld and remitted in accordance with R.S.
27 27:85(B)(2), which shall be deposited into the Compulsive and Problem Gaming
28 Fund provided for in R.S. 28:842 state general fund.
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1 (b)(i) Except as provided in Item (ii) of this Subparagraph, the The franchise
2 fee paid pursuant to R.S. 27:91(C)(1) to the state general fund.
3 (ii) Nine percent of the franchise fee paid pursuant to R.S. 27:91(C)(1) which
4 is attributable to any riverboat gaming licensee which pays additional franchise fees
5 pursuant to the provisions of R.S. 27:91(C)(2) through (4) to the Support Education
6 in Louisiana First Fund as provided in R.S. 17:421.7.
7 (iii) (ii) Nine percent of the license fee paid pursuant to R.S. 27:91(B)(2)
8 which is attributable to any riverboat gaming licensee which pays additional
9 franchise fees pursuant to the provisions of R.S. 27:91(C)(2) through (4) to the
10 Support Education in Louisiana First Fund as provided in R.S. 17:421.7 state general
11 fund.
12 (iv) (iii) The franchise fees paid pursuant to R.S. 27:91(C)(2) through (4) to
13 the Support Education in Louisiana First Fund as provided in R.S. 17:421.7 state
14 general fund.
15 (c) To a special fund, which is hereby created in the state treasury and
16 entitled the Riverboat Gaming Enforcement Fund, the state general fund an amount
17 equal to the revenues received by the state pursuant to this Chapter, less any monies
18 credited to other funds pursuant to the provisions of Subparagraphs (a) and (b) of this
19 Paragraph.
20 * * *
21 §249. Compulsive gambling; posting information
22 A. The corporation shall include the cost of the transfer of its monies to the
23 state treasurer for deposit into the Compulsive and Problem Gaming Fund as
24 required by R.S. 27:270(A)(2) state general fund as a budgeted item and expense of
25 the corporation.
26 * * *
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1 §270. Deposit of revenues; expenditures and investments authorized; transfer of
2 revenues to state treasury; corporation operating account; audit of
3 corporation books and records; audits
4 A.
5 * * *
6 (2)(a) Quarterly, the corporation shall transfer to the state treasury one
7 percent of its operating account, not to exceed five hundred thousand dollars per
8 fiscal year. These monies shall first be credited to the Bond Security and
9 Redemption Fund in accordance with Article VII, Section 9(B) of the Constitution
10 of Louisiana. Thereafter, the state treasurer shall deposit the monies into the
11 Compulsive and Problem Gaming Fund established by R.S. 28:842 state general
12 fund.
13 (b) Quarterly, the corporation shall transfer to the state treasury for deposit
14 into the Compulsive and Problem Gaming Fund provided for in R.S. 28:842 state
15 general fund the amount of revenues withheld and remitted in accordance with R.S.
16 27:260(D).
17 (3)(a) Daily, the corporation shall transfer to the state treasury for deposit
18 into certain funds in the treasury, as provided in this Paragraph, the amount of net
19 revenues which the corporation determines are surplus to its needs. After first being
20 credited to the Bond Security and Redemption Fund in accordance with Article VII,
21 Section 9(B) of the Constitution of Louisiana, and after satisfying any other
22 requirements of the Constitution and laws of Louisiana, such net revenues shall be
23 deposited as follows:
24 (i) In each year for which the Joint Legislative Committee on the Budget
25 disapproves or does not act upon the amount of the casino support services contract
26 as provided in R.S. 27:247 and no monies are deposited in and credited to the Casino
27 Support Services Fund: .
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1 (aa) Ten percent shall be deposited in and credited to the Support Education
2 in Louisiana First Fund as provided in R.S. 17:421.7 and shall be used solely and
3 exclusively for the same purposes provided for in Paragraph (B)(1) of that Section.
4 (bb) Ninety percent shall be deposited in and credited to the Support
5 Education in Louisiana First Fund as provided in R.S. 17:421.7.
6 (ii) In each year for which the Joint Legislative Committee on the Budget
7 approves the amount of the casino support services contract as provided in R.S.
8 27:247: ,
9 (aa) The first one million eight hundred thousand dollars shall be deposited
10 in and credited to the Casino Support Services Fund.
11 (bb) The next sixty million dollars shall be deposited in and credited to the
12 Support Education in Louisiana First Fund as provided in R.S. 17:421.7.
13 (cc) After satisfying the requirements of Subitems (aa) and (bb) of this Item,
14 monies shall be deposited into the Casino Support Services Fund until the casino
15 support services contract is fully funded for that year.
16 (dd) After satisfying the requirements of Subitem (cc) of this Item, the
17 remainder of the monies shall be deposited in and credited to the Support Education
18 in Louisiana First Fund as provided for in R.S. 17:421.7.
19 * * *
20 §392. Collection and disposition of fees and taxes
21 * * *
22 B.
23 * * *
24 (2)(a) After complying with the provisions of Paragraph (1) of this
25 Subsection, the state treasurer shall, each fiscal year, credit one percent from the
26 combined net slot machine proceeds collected by the state from each licensed
27 facility, not to exceed five hundred thousand dollars, to the Compulsive and Problem
28 Gaming Fund established by R.S. 28:842. After crediting such proceeds to the
29 Compulsive and Problem Gaming Fund, the state treasurer shall, each fiscal year,
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1 credit the remainder of all taxes generated pursuant to R.S. 27:393 and all fines and
2 other monies collected by the division to a special fund which is hereby created in
3 the state treasury and entitled the "Pari-mutuel Live Racing Facility Gaming Control
4 Fund", hereinafter referred to as the "Gaming Control Fund".
5 (b) Monies in the Gaming Control Fund shall be withdrawn only pursuant
6 to appropriation by the legislature and shall be used solely for the expenses of the
7 board, the Department of Justice, the division, and the Louisiana Racing Commission
8 which are necessary to carry out the provisions of this Chapter. Monies in the fund
9 remaining after appropriation for expenses of the board, the Department of Justice,
10 the division, and the Louisiana Racing Commission shall be credited as hereinafter
11 provided in this Subsection.
12 (c) (b) Monies in the Gaming Control Fund shall be invested by the state
13 treasurer in the same manner as monies in the state general fund. Interest earned on
14 investment of monies in the Gaming Control Fund shall be credited to the state
15 general fund. Unexpended and unencumbered monies in the Gaming Control Fund
16 at the end of each fiscal year shall be deposited in the state general fund.
17 * * *
18 C.
19 * * *
20 (7) After making the deposits as required by Paragraphs (1) through (6) of
21 this Subsection, the state treasurer shall deposit in and credit an amount not to exceed
22 three million one hundred thousand dollars annually, shall be deposited and credited
23 to the New Orleans Sports Franchise Assistance Fund which is hereby created in the
24 state treasury and which for purposes of this Paragraph shall be known as the
25 "assistance fund". Monies in the assistance fund shall be appropriated and
26 distributed each fiscal year to the Louisiana Stadium and Exposition District for use
27 only to fund contractual obligations of the state to any National Football League or
28 National Basketball Association franchise located in Orleans Parish. Monies in the
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1 assistance fund shall be invested in the same manner as monies in the state general
2 fund. Interest earned on the investment of monies in the assistance fund shall be
3 credited to the assistance fund. Unexpended and unencumbered monies in the
4 assistance fund at the end of the fiscal year shall remain in the assistance fund.
5 (8) After compliance with the provisions of Paragraph (1) through (7) of this
6 Subsection, remaining monies shall be deposited in and credited to the state general
7 fund.
8 §437. Video Draw Poker Device Fund; distribution and expenditure
9 * * *
10 B.(1)
11 * * *
12 (c) Thereafter, the state treasurer shall, each fiscal year, credit to a special
13 fund, which is hereby created in the state treasury and entitled the Video Draw Poker
14 Device Fund, an amount equal to all revenues received by the division pursuant to
15 the provisions of this Chapter, except those funds specified by the provisions of R.S.
16 27:435(D)(4), which shall be deposited as provided by R.S. 27:439 and those funds
17 withheld pursuant to R.S. 27:443(A)(2) which shall be remitted for deposit to the
18 Compulsive and Problem Gaming Fund provided for in R.S. 28:842.
19 (2) After complying with the provisions of Paragraph (1) of this Subsection,
20 the state treasurer shall, each fiscal year, credit the following amounts to the
21 following special funds:
22 (a) One percent, not to exceed five hundred thousand dollars, to the
23 Compulsive and Problem Gaming Fund established by R.S. 28:842.
24 (b) To to a special fund, which is hereby created in the state treasury and
25 entitled the Video Draw Poker Device Fund, an amount equal to all revenues
26 received by the division pursuant to the provisions of this Section, less any monies
27 credited to another fund pursuant to the provisions of Subparagraph (a) of this
28 Paragraph.
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1 C.
2 * * *
3 (2) An amount shall be allocated to the Department of Public Safety and
4 Corrections and to the Department of Justice, pursuant to legislative appropriation,
5 for regulatory, administrative, investigative, enforcement, legal, and such other
6 expenses as may be necessary to carry out the provisions of this Chapter and for
7 activities associated with enforcement of laws and regulations governing video draw
8 poker devices.
9 (3) (2) Any monies in the fund not required to meet the purposes provided
10 for in Paragraphs (1) and (2) Paragraph (1) shall be credited to and deposited in the
11 state general fund as they become available. Any unexpended or unencumbered
12 monies remaining in the Video Draw Poker Device Fund at the end of the fiscal year
13 shall revert to the state general fund.
14 (4) (3) An amount equal to all franchise payments exempted pursuant to R.S.
15 27:321 shall be considered to be part of the Video Draw Poker Device Fund for
16 purposes of calculating the distribution of the fund pursuant to Paragraphs (1) and
17 (2) Paragraph (1).
18 Section 7. R.S. 33:9551(E)(3), 9561(E)(3), and 9571(E)(3) are hereby amended
19and reenacted to read as follows:
20 §9551. St. Landry Parish Pari-mutuel Live Racing Economic Redevelopment and
21 Gaming Control Assistance District
22 * * *
23 E. Tax.
24 * * *
25 (3) The district is specifically authorized to transfer to the state such amounts
26 as are necessary to address the policies established by this Chapter and Chapter 7 of
27 Title 27 of the Louisiana Revised Statutes of 1950. Specifically: (a) the The district
28 shall transfer one-fourth of the net proceeds of such tax to the state and the state
29 treasurer is directed to deposit any such amount received in the Pari-mutuel Live
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1 Racing Facility Gaming Control Fund to be administered and expended as provided
2 in R.S. 27:392(B)(1) and (2), and (b) the district shall transfer three-fourths of the net
3 proceeds of such tax to the state and the state treasurer is directed to deposit any such
4 amount into the state general fund; however, five percent of the total proceeds
5 transferred to the state shall be deposited in the St. Landry Parish Excellence Fund
6 created by R.S. 27:392(B)(3)(b).
7 * * *
8 §9561. Bossier Parish Pari-Mutuel Live Racing Economic Redevelopment and
9 Gaming Control Assistance District
10 * * *
11 E. Tax.
12 * * *
13 (3) The district is specifically authorized to transfer to the state such amounts
14 as are necessary to address the policies established by this Chapter and Chapter 7 of
15 Title 27 of the Louisiana Revised Statutes of 1950. Specifically (a) the The district
16 shall transfer one-fourth of the net proceeds of such tax to the state and the state
17 treasurer is directed to deposit any such amount received in the Pari-mutuel Live
18 Racing Facility Gaming Control Fund to be administered and expended as provided
19 in R.S. 27:392(B)(1) and (2), and (b) the district shall transfer three-fourths of the net
20 proceeds of such tax to the state and the state treasurer is directed to deposit any such
21 amount into the state general fund; however, five percent of the total proceeds
22 transferred to the state shall be deposited in the Bossier Educational Excellence
23 Fund.
24 * * *
25 §9571. Calcasieu Parish Pari-mutuel Live Racing Economic Redevelopment and
26 Gaming Control Assistance District
27 * * *
28 E. Tax.
29 * * *
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1 (3) The district is specifically authorized to transfer to the state such amounts
2 as are necessary to address the policies established by this Chapter and Chapter 7 of
3 Title 27 of the Louisiana Revised Statutes of 1950. Specifically: the The district
4 shall transfer one-fourth of the net proceeds of such tax to the state, and the state
5 treasurer is directed to deposit any such amount received in the Pari-mutuel Live
6 Racing Facility Gaming Control Fund to be administered and expended as provided
7 in R.S. 27:392(B)(1) and (2); and the district shall transfer three-fourths of the net
8 proceeds of such tax to the state, and the state treasurer is directed to deposit any
9 such amount into the state general fund. However, five percent of the total proceeds
10 transferred to the state shall be deposited in the Calcasieu Parish Excellence Fund
11 created by R.S. 27:392(B)(3)(c).
12 * * *
13 Section 8. R.S. 39:82(A), 352, and 1590(A)(2)(b) and (c) and (B)(2) are hereby
14amended and reenacted to read as follows:
15 §82. Remission of cash balances to the state treasurer; authorized withdrawals of
16 state monies after the close of the fiscal year
17 A. All cash balances occurring from appropriations made by legislative act
18 or by the Interim Emergency Board regardless of date of passage to any state agency
19 for which no bona fide liability exists on the last day of each fiscal year shall be
20 remitted to the state treasurer by the fifteenth day following the last day of the fiscal
21 year. Any appropriations including those made by the Interim Emergency Board of
22 the preceding fiscal year remaining at the end of the fiscal year against which bona
23 fide liabilities existed as of the last day of the fiscal year may be withdrawn from the
24 state treasury during the forty-five day period after the last day of the fiscal year only
25 as such liabilities come due for payment. Prior to placing monies associated with
26 such unexpended appropriations into the state general fund, the state treasurer shall
27 transfer all cash balances identified and reported by the commissioner of
28 administration as being from unexpended and unencumbered state general fund
29 (direct) and Overcollections Fund appropriations for professional, personal, and
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1 consulting service contracts not approved by the Joint Legislative Committee on the
2 Budget as provided in R.S. 39:1590 and remaining at the end of each fiscal year for
3 deposit in and credit to the Higher Education Financing Fund as are necessary to
4 satisfy the requirements of R.S. 39:100.146, and then shall make deposits to the
5 Payments Towards the UAL Fund as are necessary to satisfy the requirements of
6 R.S. 39:100.11 state general fund.
7 * * *
8 §352. Cancellation of unexpended portions of appropriations; exceptions
9 Whenever any specific appropriation is made to meet any item of expenditure
10 which occurs annually by provision of law or for contingent expense, and any
11 portion of it remains unexpended at the end of the year for which the specific
12 appropriation was made, after all legal claims against it for the year have been paid,
13 the commissioner of administration shall cancel any balance of the appropriation,
14 and each succeeding year he shall open a new account for the appropriation which
15 may be made for that particular year, without carrying forward any unexpended
16 balance of appropriation made for any previous year. This provision shall not apply
17 to appropriations made to pay the debt of the state, principal and interest. Prior to
18 placing monies associated with such unexpended appropriations into the state general
19 fund, the state treasurer shall transfer all cash balances identified and reported by the
20 commissioner of administration as being from unexpended and unencumbered state
21 general fund (direct) and Overcollections Fund appropriations for professional,
22 personal, and consulting service contracts not approved by the Joint Legislative
23 Committee on the Budget as provided in R.S. 39:1590 remaining at the end of each
24 fiscal year for deposit in and credit to the Higher Education Financing Fund as is
25 necessary to satisfy the requirements of R.S. 39:100.146 and then shall make
26 deposits to the Payments Towards the UAL Fund as are necessary to satisfy the
27 requirements of R.S. 39:100.11 state general fund.
28 * * *
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1 §1590. Approval of certain professional, personal, and consulting services contracts
2 for Fiscal Year 2015-2016 through Fiscal Year 2017-2018
3 A.
4 * * *
5 (2) If within thirty days of receipt of the contract, the contract is placed on
6 the agenda for review, the Joint Legislative Committee on the Budget may take the
7 following action:
8 * * *
9 (b) Reject the contract and notify the commissioner of administration that
10 such funds otherwise proposed for this purpose shall be deposited into the Higher
11 Education Financing Fund as provided in R.S. 39:100.146 state general fund.
12 (c) Recommend revisions to the contract. If the Joint Legislative Committee
13 on the Budget recommends revisions to the contract, the contract shall not become
14 effective until it is revised, resubmitted to the Joint Legislative Committee on the
15 Budget, and acted upon again by the committee. If the commissioner of
16 administration, in consultation with the state chief procurement officer, does not
17 resubmit the contract to the Joint Legislative Committee on the Budget within thirty
18 days after the committee recommends revisions to the contract, the contract shall be
19 deemed to be rejected and funds otherwise proposed for this purpose shall be
20 deposited into the Higher Education Financing Fund as provided in R.S. 39:100.146
21 state general fund.
22 B.
23 * * *
24 (2) Following each determination required pursuant to the provisions of this
25 Subsection, the commissioner of administration shall report to the state treasurer the
26 amount of state general fund (direct) and Overcollections Fund monies appropriated
27 for professional, personal, and consulting service contracts that are expected to
28 remain unexpended and unencumbered at the end of the fiscal year as a result of
29 implementation of this Section. These monies shall be available for deposit in and
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1 credit to the Higher Education Financing Fund as provided for in R.S. 39:100.146
2 state general fund.
3 * * *
4 Section 9. R.S. 42:262(B) is hereby amended and reenacted to read as follows:
5 §262. Special attorney or counsel
6 * * *
7 B. Any recovery or award of attorney fees, including settlement, in litigation
8 involving the attorney general or any state agency, board, or commission, not
9 including any public postsecondary education institution, belongs to the state and
10 shall be deposited into the state treasury into the Department of Justice Legal
11 Support Fund in accordance with R.S. 49:259 state general fund. No payment of
12 attorney fees shall be made out of state funds in the absence of express statutory
13 authority, including R.S. 17:100.10, R.S. 23:1669, R.S. 37:2153, R.S. 41:724 and
14 922, R.S. 42:1157.3, R.S. 46:15, R.S. 47:1512, 1515.3, 1516, 1516.1, and 1676,
15 except such payment of attorney fees as may be approved by the Joint Legislative
16 Committee on the Budget during the interim between legislative sessions.
17 * * *
18 Section 10. R.S. 46:977.13 is hereby amended and reenacted to read as follows:
19 §977.13. Louisiana Children and Youth Health Insurance Program premium
20 monies; Health Care Redesign Fund
21 Monies received by the state as a result of premiums paid for coverage
22 through the program shall be credited to the Health Care Redesign Fund deposited
23 into the state general fund.
24 Section 11. R.S. 47:9029(B) is hereby amended and reenacted to read as follows:
25 §9029. Deposit of revenues; expenditures and investments authorized; transfer of
26 revenues to state treasury; dedication and use of proceeds; corporation
27 operating account; audit of corporation books and records; audits
28 * * *
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1 B.(1) A Louisiana Lottery Proceeds Fund is hereby established in the state
2 treasury. Net lottery proceeds shall be credited to this fund as provided in
3 Subsection A of this Section. Monies credited to the Louisiana Lottery Proceeds
4 Fund shall be invested by the state in accordance with state investment practices and
5 all earnings from such investments shall accrue to this account. Except as provided
6 in Paragraph (2) of this Subsection, no No monies shall be allotted or expended from
7 this account unless pursuant to an appropriation by the legislature in accordance with
8 law.
9 (2) The state treasurer is authorized and directed to transfer annually an
10 amount equaling five hundred thousand dollars from the Lottery Proceeds Fund to
11 the Compulsive and Problem Gaming Fund established by R.S. 28:842.
12 * * *
13 Section 12. R.S. 51:1927.1, 2211(A), 2332(3), 2341(F), 2361, 2362(A)(introductory
14paragraph), 2363, 2365, 2365.1(B) through (D), and 2366 are hereby amended and reenacted
15to read as follows:
16 §1927.1. Annual audit; annual rate of return; appreciation excess; remittance to
17 Louisiana Economic Development Fund
18 A. Following a decertification of a pool that was certified on or after January
19 1, 1999, and for which insurance premium tax credits were granted, an independent
20 certified public accountant shall perform a review of all distributions other than tax
21 distributions and management fees from such pool to the equity holders of the pool
22 to determine if such distributions produce an annual internal rate of return to the
23 equity holders of the pool of at least fifteen percent calculated on the original amount
24 of certified capital contributed to such pool as well as any additional capital
25 contributed to such pool. Within thirty days following the issuance of the
26 accountant's report, the certified capital company shall remit to the Louisiana
27 Economic Development Fund state general fund twenty-five percent of all
28 distributions in excess of the amount required to produce an annual internal rate of
29 return of fifteen percent until the Louisiana Economic Development Fund state
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1 general fund shall have received an amount equal to the amount of tax credits
2 granted for the pool. Thereafter, the certified capital company shall remit to the
3 Louisiana Economic Development Fund state general fund five percent of such
4 excess distributions.
5 B. Following a decertification of a pool that was certified on or after January
6 1, 2002, and for which income tax credits or insurance premium tax credits were
7 granted, an independent certified public accountant shall annually perform a review
8 of all distributions, other than tax distributions and management fees, from such pool
9 to the equity holders of the pool to determine if such distributions produce a rate of
10 return to the equity holders of the pool of at least ten percent calculated on the
11 original amount of certified capital contributed to such pool as well as any additional
12 capital contributed to such pool. Within thirty days following the issuance of the
13 accountant's annual report, the certified capital company shall remit twenty-five
14 percent of all distributions in excess of the amount required to produce a rate of
15 return of ten percent to the Louisiana Economic Development Fund state general
16 fund.
17 C. The calculation of internal rate of return shall include all cash
18 distributions to equity investors out of the certified capital company's investment
19 pool, except for tax distributions and management fees. Management fees shall not
20 exceed two and one-half percent per annum of the total certified capital of the pool
21 without the prior approval of the secretary. Notwithstanding any other provisions
22 in this Chapter to the contrary, for all certified capital pools formed after December
23 31, 2001, if a certified Louisiana capital company does not place (1) forty percent of
24 the investment pool in qualified investments within three years after the investment
25 date, (2) sixty percent of the investment pool in qualified investments within five
26 years of the investment date, and (3) upon the certified Louisiana capital company's
27 option either (a) one hundred percent of the investment pool in qualified investments
28 within seven years of the investment date or (b) one hundred and ten percent of the
29 investment pool in qualified investments within eight years of the investment date,
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1 then following a decertification pursuant to R.S. 51:1928(B)(3), such company shall
2 remit to the Louisiana Economic Development Fund state general fund twenty-five
3 percent of all distributions, other than tax distributions and management fees, until
4 the Louisiana Economic Development Fund state general fund shall have received
5 one hundred percent of the tax credits granted for such pool and thereafter the
6 company shall remit ten percent of all distributions, other than tax distributions and
7 management fees to the Louisiana Economic Development Fund state general fund.
8 If a certified Louisiana capital company has not decertified an investment pool
9 formed after December 31, 2001, pursuant to R.S. 51:1928(B)(3) within ten years
10 from the investment date, such company shall remit to the Louisiana Economic
11 Development Fund state general fund fifty percent of all distributions until the
12 Louisiana Economic Development Fund state general fund shall have received one
13 hundred percent of the tax credits granted for such pool, and thereafter the company
14 shall remit twenty percent of all distributions to the Louisiana Economic
15 Development Fund state general fund.
16 D. Notwithstanding any other provision of this Chapter to the contrary and
17 considering the adverse impact of Hurricanes Katrina and Rita, all investment
18 deadlines required by this Section which would have fallen between August 25,
19 2005, and December 30, 2005, shall be extended to March 31, 2006.
20 * * *
21 §2211. Purpose and goals
22 A. The provisions of this Chapter establish the MediFund as a special fund
23 within the state treasury shall be to support advancement of biosciences, biomedical,
24 and medical centers of excellence in Louisiana. The MediFund governing board
25 shall endeavor to achieve this purpose by coordinating and deploying public and
26 private resources to strategically develop and enhance this state's competitiveness in
27 biosciences, biomedical, and medical centers of excellence.
28 * * *
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1 §2332. Definitions
2 As used in this Chapter, the following terms shall have the following
3 definitions:
4 * * *
5 (3) "Fund" means the Louisiana Economic Development Fund state general
6 fund.
7 * * *
8 §2341. Economic Development Award Program
9 * * *
10 F. The legislature shall make an annual appropriation to EDAP for deposit
11 in the Louisiana Economic Development Fund under the terms and conditions as
12 provided for in R.S. 51:2315. Project awards shall be disbursed by the corporation's
13 board.
14 * * *
15 PART VI-A RAPID RESPONSE FUND PROJECTS
16 §2361. Rapid Response Fund Projects
17 A.(1) The Rapid Response Fund, hereinafter referred to as the "fund", is
18 hereby created as a special fund within the state treasury.
19 (2) Beginning July 1, 2005, the state treasurer is directed to deposit into the
20 fund at the beginning of each fiscal year ten million dollars. The legislature may
21 appropriate additional monies to the fund notwithstanding the balance in the fund.
22 B.(1) All unexpended and unencumbered monies in the fund at the end of
23 the fiscal year shall remain in the fund. Monies in the fund shall be invested by the
24 treasurer in the same manner as those in the state general fund, and any interest
25 earned on the investment of monies in the fund shall be credited to the fund.
26 (2) Monies in the fund shall be The legislature may make available for
27 appropriation to the Department of Economic Development, hereinafter referred to
28 as the "department". , Such appropriations monies that shall be used by the secretary
29 of the department for immediate funding of all or a portion of economic development
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1 projects which may be necessary in order to successfully secure the creation or
2 retention of jobs by a business entity under such circumstances as may be determined
3 by the secretary and the governor.
4 (3) B.(1) The secretary shall report to the Joint Legislative Committee on
5 the Budget twice yearly, on the first day of October and the first day of April, with
6 respect to all actual expenditures of monies appropriated from the fund. The reports
7 shall be available electronically, and the secretary shall include in these reports any
8 other information which the committee may require with respect to use of monies
9 appropriated from the fund, including but not limited to the following information
10 on each economic development project which receives funding:
11 (a) Performance targets.
12 (b) Outcomes.
13 (c) Numbers of jobs created and retained.
14 (d) Overall payroll generated.
15 (4) (2) The department shall make available upon request the economic
16 impact analysis on an economic development project which receives monies from
17 the fund.
18 C. At the same time as the secretary submits to the official journal for the
19 state a notice containing general information regarding active negotiations for an
20 economic development project which is eligible for funding from the fund, which
21 active negotiations the secretary desires to keep confidential as provided in R.S.
22 44:22, upon request by a member of the legislature in whose legislative district a
23 project is located, the secretary may provide information regarding the project if the
24 member submits his signature under oath that all information shall remain
25 confidential and privileged.
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1 §2362. Accountability requirements; legal agreements; Rapid Response Fund
2 projects
3 A. All legal agreements for Rapid Response Fund projects shall include all
4 of the following:
5 * * *
6 §2363. Accountability requirements; reports; Rapid Response Fund projects
7 A. The secretary of the Department of Economic Development shall develop
8 a uniform accountability report for economic development created by the Rapid
9 Response Fund projects. The secretary shall also develop a formula for measuring
10 the return on investment for each Rapid Response Fund project.
11 B. The Department of Economic Development shall compile and make
12 available a list of the cooperative endeavor agreements, the name of the entity
13 receiving funds, and the amount of the incentive received for all Rapid Response
14 Fund projects in both written and electronic form.
15 PART VI-B. LOUISIANA MEGA-PROJECT DEVELOPMENT FUND
16 §2365. Louisiana Mega-Project Development Fund
17 A. The Louisiana Mega-Project Development Fund, hereinafter referred to
18 as the "fund", is hereby created as a special fund within the state treasury.
19 B. The state treasurer is hereby authorized and directed to transfer one
20 hundred fifty million dollars from the Louisiana Economic and Port Development
21 Infrastructure Fund to the Louisiana Mega-Project Development Fund on June 29,
22 2007. The legislature may appropriate additional monies to the fund if it deems
23 necessary to accomplish the purposes of the fund.
24 C. Monies in the fund shall be invested by the treasurer in the same manner
25 as monies in the state general fund and any interest earned on the investment of
26 monies in the fund shall be credited to the fund. All unexpended and unencumbered
27 monies in the fund at the end of the fiscal year shall remain in the fund.
28 D.(1) Monies in the fund shall be (1) The legislature may make available for
29 appropriation for general purposes and for use by to the Department of Economic
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1 Development, hereinafter referred to as the "department",. Such appropriations
2 monies that shall be used by the secretary of the department for immediate funding
3 of all or a portion of economic development mega-projects which may be necessary
4 in order to successfully secure the creation or retention of jobs by a business entity
5 or a qualified major event under such circumstances as established by this Part.
6 (2) The secretary shall report to the Joint Legislative Committee on the
7 Budget twice yearly, on the first day of October and the first day of April, with
8 respect to all actual expenditures of monies appropriated from the fund. The reports
9 shall be available electronically, and the secretary shall include in these reports any
10 other information which the committee may require with respect to use of monies
11 appropriated from the fund, including but not limited to the following information
12 on each economic development project which receives funding:
13 (a) Performance targets.
14 (b) Outcomes.
15 (c) Numbers of jobs created and retained.
16 (d) Overall payroll generated.
17 (3) The department shall make available upon request the economic impact
18 analysis on an economic development project which receives monies from the fund.
19 This Subparagraph shall not apply to a mega-project which is a qualified major event
20 as defined in R.S. 51:2365.1.
21 E. B. Monies in the fund shall be expended only upon recommendation by
22 the secretary and concurrence by the governor. Any such recommendation shall be
23 implemented pursuant to a cooperative endeavor agreement executed in accordance
24 with the provisions of R.S. 33:9029.2 and subject to approval by the Joint Legislative
25 Committee on the Budget.
26 F. C.(1) For purposes of this Section, "mega-project" means:
27 (a) A project which will provide the following:
28 (i) Either five hundred new direct jobs to the state or a minimum initial
29 investment of five hundred million dollars by the private sector or the United States
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1 Government through the creation of a new facility or the expansion of an existing
2 facility.
3 (ii) A substantial return on the investment by the state as measured by
4 projected tax revenues.
5 (b) A project for a military or federal installation which is important to the
6 Louisiana economy and that may be subject to base realignment and closure, or for
7 the purchase of land for a mega-project.
8 (c) A project resulting in re-creating or saving at least five hundred direct
9 jobs in this state, through the transfer of ownership of a facility that has been closed
10 or a facility that is at risk of closure due to conditions arising out of or relating to a
11 proceeding under Title 11 of the United States Code.
12 (d) A qualified major event as defined in R.S. 51:2365.1(A)(5) which meets
13 all of the requirements for eligibility as set forth in R.S. 51:2365.1(D).
14 (2) Except for a mega-project as provided in Subparagraphs (1)(b) and (d)
15 of this Subsection, the investment by the state in any mega-project shall not exceed
16 thirty percent of the total cost of the project as described by the cooperative endeavor
17 agreement.
18 G. D. At the same time as the secretary submits to the official journal for the
19 state a notice containing general information regarding active negotiations for an
20 economic development mega-project which is eligible for funding from the fund,
21 which active negotiations the secretary desires to keep confidential as provided in
22 R.S. 44:22, upon request by a member of the legislature in whose legislative district
23 a project is located, the secretary may provide information regarding the project if
24 the member submits his signature under oath that all information shall remain
25 confidential and privileged.
26 §2365.1. Major Events Incentive Program and the Major Events Incentive Program
27 Subfund
28 * * *
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1 B.(1) There is hereby established in the state treasury a special subfund in
2 the Mega-Project Development Fund to be known as the "Major Events Incentive
3 Program Subfund", hereafter in this Section, the "subfund".
4 (2) Beginning with the 2015-2016 Fiscal Year and for each fiscal year
5 thereafter, and after allocation of money to the Bond Security and Redemption Fund
6 as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the
7 treasurer shall transfer in and credit to the subfund an amount equal to the sum of the
8 incremental increase in state tax receipts generated by the occurrence of all qualified
9 events.
10 (3) Monies in the subfund shall be invested in the same manner as monies
11 in the Louisiana Mega-Project Development Fund and any interest earned on the
12 investment of monies in the subfund shall be credited to the subfund. All
13 unexpended and unencumbered monies in the subfund at the end of the fiscal year
14 shall remain in the subfund.
15 (4) Subject to legislative appropriation and the approval of the Joint
16 Legislative Committee on the Budget, the treasurer shall disburse monies as provided
17 in R.S. 51:2365 to each eligible entity at times and in amounts as determined by the
18 secretary and approved by the Joint Legislative Committee on the Budget.
19 C.(1) B.(1) Subject to legislative appropriation and the approval of the Joint
20 Legislative Committee on the Budget, the secretary of the Department of Economic
21 Development is hereby authorized to enter into a contract with a local organizing
22 committee, endorsing parish, or endorsing municipality to recruit, solicit, or acquire
23 for Louisiana any qualified event that will have a significant positive impact on
24 economic development in the state. The contract shall provide for a financial
25 commitment to the local organizing committee, endorsing parish, or endorsing
26 municipality which shall be subject to legislative appropriation.
27 (2) The amount of the incremental increase in certain state tax receipts
28 generated within the designated area by the occurrence of the qualified event during
29 a specified period shall be determined by the secretary. The secretary shall notify the
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1 Joint Legislative Committee on the Budget and the treasurer of his determination
2 and, upon the direction of the Joint Legislative Committee on the Budget, the
3 treasurer shall transfer the amount of the incremental increase to the subfund. Such
4 state tax receipts shall be limited to excise tax and sales and use taxes, excluding
5 state hotel and motel occupancy taxes. The amount of the incremental increase shall
6 not include local tax receipts.
7 D. C. An event not included in the definition of qualified event is ineligible
8 for funding under R.S. 51:2365. A qualified event may receive funding under R.S.
9 51:2365 only if all of the following conditions are met:
10 (1) After considering through a highly competitive selection process one or
11 more sites that are not located in this state, a site selection organization selects a site
12 located in this state for an event to be held once, or for an event scheduled to be held
13 annually for a period of years under an event contract.
14 (2) A site selection organization selects a site in this state as the sole site for
15 the event.
16 (3) The event is held not more frequently than annually.
17 §2366. Accountability requirements; Mega-Project Development Fund
18 A. The secretary of the Department of Economic Development shall develop
19 a uniform accountability report for economic development created by the Louisiana
20 Mega-Project Development Fund Louisiana mega-projects. The secretary shall also
21 develop a formula for measuring the return on investment for each mega-project.
22 B. The Department of Economic Development shall compile and make
23 available a list of the cooperative endeavor agreements, the name of the entity
24 receiving funds, and the amount of the incentive received for all Louisiana Mega-
25 Project Development Fund projects in both written and electronic form.
26 Section 13. Section 4(B) of Act No. 421 of the 2013 Regular Session of the
27Legislature is hereby amended and reenacted to read as follows:
28 * * *
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1 Section 4.
2 * * *
3 B.(1) After satisfaction of the requirements of Subsection A of this
4 Section, all remaining monies collected pursuant to this Act shall be paid into
5 the state treasury. After compliance with the requirements of Article VII,
6 Section 9(B) of the Constitution of Louisiana relative to the Bond Security
7 and Redemption Fund and prior to any monies being placed into the state
8 general fund or any other fund, an amount equal to the remaining collections
9 shall be credited by the state treasurer to a special fund hereby created in the
10 state treasury to be known as the 2013 Amnesty Collections Fund, hereinafter
11 referred to as "fund". The monies in the fund shall be available for
12 appropriation for any public purpose. the state general fund.
13 (2) Monies in the fund shall be invested by the state treasurer in the
14 same manner as those in the state general fund and interest earned on such
15 investment shall be credited to the fund after compliance with the
16 requirements of the Bond Security and Redemption Fund. All unexpended
17 and unencumbered monies in the fund at the end of the year shall remain in
18 the fund.
19 * * *
20 Section 14. R.S. 3:4411(B) and (C), R.S. 11:544, R.S. 15:147(B)(14), 167, 185.5,
21and 572.8(N), R.S. 17:354, 421.7, 1874, 3129.6, 3138.2, 3138.3, 3138.4, and Part VI of
22Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:4001,
23R.S. 22:831(B), R.S. 24:39, R.S. 27:92(C), and 392(B)(6), R.S. 28:842, R.S. 39:97.3, 98.7,
24Subpart G of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes
25of 1950, comprised of R.S. 39:100.1, Subpart H of Part II of Chapter 1 of Subtitle I of Title
2639 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.11, Subpart I of Part
27II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised
28of R.S. 39:100.21, Subpart J of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
29Revised Statutes of 1950, comprised of R.S. 39:100.26, Subpart K of Part II of Chapter 1 of
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HB NO. 100
1Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
239:100.31, Subpart M of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
3Revised Statutes of 1950, comprised of R.S. 39:100.41, Subpart N of Part II of Chapter 1 of
4Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
539:100.51, Subpart P-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
6Revised Statutes of 1950, comprised of R.S. 39:100.81, Subpart Q-1 of Part II of Chapter
71 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
839:100.122, Subpart Q-2 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
9Revised Statutes of 1950, comprised of R.S. 39:100.123, Subpart R of Part II of Chapter 1
10of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
1139:100.126, Subpart R-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
12Revised Statutes of 1950, comprised of R.S. 39:100.136, Subpart S of Part II of Chapter 1
13of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
1439:100.146, and R.S. 39:1357, R.S. 40:16.2 and 1402, R.S. 46:2913, R.S. 47:318, 841(G),
15841.1, 841.2, 1520(A)(1)(e), 1602.1, and 6351(G)(3) and (4), R.S. 49:259, and R.S.
1651:2212(3), 2213, and 2315, Code of Criminal Procedure Article 926.1(K), Section 7 of Act
17No. 420 of the 2013 Regular Session of the Legislature, and Section 3 of Act No. 1065 of
18the 1997 Regular Session of the Legislature are hereby repealed in their entirety.
19 Section 15. The state treasurer is hereby authorized and directed to transfer any
20unencumbered balances remaining in the funds repealed and abolished in Sections 1 through
2114 of this Act to the state general fund after satisfying the appropriations for Fiscal Year
222015-2016.
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)]
HB 100 Engrossed 2016 First Extraordinary Session Talbot
Abstract: Eliminates certain dedicated funds and transfers remaining fund balances into the
state general fund and eliminates certain dedications of certain funds.
VARIOUS FUNDS
Proposed law eliminates the following funds:
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HB NO. 100
2013 Amnesty Collections Fund §4(B) of Act No. 421 of the 2013
R.S. of the Legislature
Academic Improvement Fund R.S. 17:354
Center for Excellence for Autism Spectrum
Disorder R.S. 39:100:122
Competitive Core Growth Fund R.S. 17:3138.2
Compulsive and Problem Gaming Fund R.S. 27:27.1(F), 92(B)(2)(a), 249(A),
270(A)(2), 392(B)(2)(a) and 437,
R.S. 28:842, and R.S. 47:9029(B)
Community Water Enrichment Fund R.S. 39:100.81
Department of Health and Hospitals Facility
Support Fund R.S. 40:16.2 and R.S. 3:2(C)
Department of Justice Legal Support Fund R.S. 49:259 and R.S. 42:262(B)
Department of Revenue Alcohol and Tobacco
Control Officers Fund R.S. 11:544
DNA Testing Post-Conviction Relief for
Indigents Fund CCrP. Art. 926.1(K) and R.S.
15:147(B)(14)
Equine Health Studies Program Fund R.S. 27:392(B)(6)(a)
FEMA Reimbursement Fund R.S. 39:100.26 and 100.31
Fiscal Administrator Revolving Loan Fund R.S. 39:1357
FMAP Stabilization Fund §7 of Act No. 420 of the 2013 R.S.
of the Legislature
Forest Productivity Fund R.S. 3:4411
Fund for Louisianians in Need of Civil Legal
Assistance §3 of Act No. 1065 of the 1997 R.S.
of the Legislature
Health Care Redesign Fund R.S. 39:100.51 and R.S. 46:977.13
Higher Education Initiatives Fund R.S. 17:3129.6
Higher Education Financing Fund R.S. 39:100.146, 352, and
1590(A)(2)(b) and (c) and (B)(2)
Indigent Parent Representation Program Fund R.S. 15:185.5
Innocence Compensation Fund R.S. 15:572.8(N)
Legislative Capitol Technology Enhancement
Fund R.S. 24:39
Louisiana Asbestos Detection and Abatement
Fund R.S. 39:97.3
Louisiana Charter School Start-Up Loan Fund R.S. 17:4001
Louisiana Economic Development Fund R.S. 23:1514(D)(5), R.S. 47:318(D),
R.S. 51:1927.1, 2315, 2332(3), and
2341
Louisiana Interoperability Communications FundR.S. 39:100.41
Louisiana Mega-Project Development Fund R.S. 51:2365 and 2366, R.S.
3:4423(3)
Louisiana Public Defender Fund R.S. 15:167
Louisiana State Police Salary Fund R.S. 22:831(B)
Major Events Fund R.S. 39:100.126
Major Events Incentive Program Subfund R.S. 51:2365.1
Marketing Fund R.S. 47:318
MediFund R.S. 51:2211-13
Municipal Fire and Police Civil Service
Operating Fund R.S. 22:1476(A)(2)
New Orleans Public Safety Fund R.S. 40:1402
Overcollections Fund R.S. 39:100.21, R.S.
17:407.27(B)(3), 3046.3(C),
5068(D)(3), and 4019(C)
Payments Towards the UAL Fund R.S. 39:100.11, R.S. 39:82(A) and
352
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HB NO. 100
Rapid Response Fund R.S. 51:2361,2362, 2363, R.S.
3:4423(3), R.S. 23:1514(D)(5)
Riverboat Gaming Enforcement Fund R.S. 27:92(B)(2)(c) and (C)
Sickle Cell Fund R.S. 39:100.123
Southern University AgCenter Program Fund R.S. 27:392(B)(6)(b)
Sports Facility Assistance Fund R.S. 39:100.1, and R.S.47:1602.1
and 1520(A)(1)(e)
State Emergency Response Fund R.S. 39:100.26(A) and 100.31
Status of Grandparents Raising Grandchildren
Fund R.S. 46:2913
Science, Technology, Engineering, and Math
(STEM) Upgrade Fund R.S. 17:3138.3
Support Education in Louisiana First Fund R.S. 17:421.7, R.S. 27:92(B)(2),
270(A)(3)
Tobacco Regulation Enforcement Fund R.S. 47:841(G)
Tobacco Settlement Enforcement Fund R.S. 13:5073(A)(1) and R.S. 39:98.7
Tobacco Tax Health Care Fund R.S. 47:841.1
Tobacco Tax Medicaid Match Fund R.S. 47:841.2
Unfunded Accrued Liability and Specialized
Educational Institutions Support Fund R.S. 39:100.136; and R.S.
47:6351(G)(3) and (4)
Workforce and Innovation for a Strong
Economy R.S. 17:3138.2, 3138.3, and 3138.4
Workforce Training Rapid Response Fund R.S. 17:1874
Proposed law directs the state treasurer to transfer any balances remaining in the funds
eliminated to the state general fund.
PARI-MUTUEL LIVE RACING FACILITY GAMING CONTROL FUND
(R.S. 27:392)
Present law provides for the collection of fees, fines and taxes related to slot machines.
Present law creates the Pari-mutuel Live Racing Facility Gaming Control Fund (Gaming
Control Fund) and after deposit into the Compulsive and Problem Gaming Fund, deposits
the remainder of the revenues into the Gaming Control Fund. Monies are dedicated to the
expenses of the Gaming Control Board, the Department of Justice, and the Louisiana Racing
Commission.
Present law further deposits certain amounts of slot machine proceeds into certain funds for
the use of various localities with remaining monies deposited into the New Orleans Sports
Franchise Assistance Fund.
Proposed law eliminates the dedications from the fund to the Gaming Control Board, the
Department of Justice, and the Louisiana Racing Commission.
Proposed law further limits the deposit into the New Orleans Sports Franchise Assistance
Fund to $3.1 million annually and deposits money remaining in the Gaming Control Fund
at the end of the year into the state general fund.
VIDEO DRAW POKER DEVICE FUND (R.S. 27:437)
Present law provides for the collection of taxes, fees, fines and penalties related to video
draw poker devices.
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HB NO. 100
Present law creates the Video Draw Poker Device Fund and, after the deposit into the
Compulsive and Problem Gaming Fund, deposits the remainder of the revenues into the
Video Draw Poker Device Fund. Monies in the fund are dedicated as follows:
(1)25% of the monies in the fund are distributed as follows:
(a)Compensation for district attorneys and assistant district attorneys, not to
exceed $5.4 million.
(b)Governing authorities of municipalities in which video draw poker devices
are operated.
(c)Sheriffs of municipalities in which video draw poker devices are operated.
(2)An allocation to the Dept. of Public Safety and Corrections and the Dept. of Justice
to enforce the laws and regulations governing video draw poker devices.
(3)Monies in the fund that are not required to meet the other dedications as required in
present law are deposited into the state general fund.
Proposed law eliminates the allocation to the Dept. of Public Safety and Corrections and the
Dept. of Justice to enforce the laws and regulations governing video draw poker devices.
Proposed law further requires the deposit of any unexpended or unencumbered money at the
end of the fiscal year into the state general fund.
Effective July 1, 2016.
(Amends R.S. 3:2(C), 4411(A), and 4423(3), R.S. 13:5073(A)(1), R.S. 17:407.27(B)(3),
3046.3(C), 4019(C), and 5068(D)(3), R.S. 22:1476(A)(2), R.S. 23:1514(D)(5), R.S.
27:27.1(F), 92(B)(2), 249(A), 270(A)(2) and (3)(a), 392(B)(2) and (C)(7), and 437(B)(1)(c)
and (2) and (C)(2), (3), and (4), R.S. 33:9551(E)(3), 9561(E)(3), and 9571(E)(3), R.S.
39:82(A), 352, and 1590(A)(2)(b) and (c) and (B)(2), R.S. 42:262(B), R.S. 46:977.13, R.S.
47:9029(B), R.S. 51:1927.1, 2211(A), 2332(3), and 2341(F), 2361, 2362(A)(intro. para.),
2363, 2365, 2365.1(B) through (D), and 2366 and §4(B) of Act No. 421 of the 2013 Regular
Session of the Legislature; Adds R.S. 27:392(C)(8); Repeals R.S. 3:4411(B) and (C), R.S.
11:544, R.S. 15:147(B)(14), 167, 185.5, and 572.8(N), R.S. 17:354, 421.7, 1874, 3129.6,
3138.2, 3138.3, 3138.4, and R.S. 17:4001, R.S. 22:831(B), R.S. 24:39, R.S. 27:92(C),
392(B)(6), R.S. 28:842, R.S. 39:97.3, 98.7, 100.1, 100.11, 100.21, 100.26, 100.31, 100.41,
100.51, 100.81, 100.122, 100.123, 100.126, 100.136, 100.146 and 1357, R.S. 40:16.2 and
1402, R.S. 46:2913, R.S. 47:318, 841(G), 841.1, 841.2, 1520(A)(1)(e), 1602.1, and
6351(G)(3) and (4), R.S. 49:259, R.S. 51:2212(3), 2213, and 2315, and Code of Criminal
Procedure Article 926.1(K), §7 of Act No. 420 of the 2013 R.S. of the Legislature, and §3
of Act No. 1065 of the 1997 R.S. of the Legislature)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Eliminate repeal of the Pari-mutuel Live Racing Facility Gaming Control Fund
(Gaming Control Fund) and limit the amount of deposit into the New Orleans
Sports Franchise Assistance Fund to $3.1 million annually and deposit all money
remaining in the Gaming Control Fund at the end of the year into the state
general fund.
2. Restore the dedications from the Two Percent Fire Insurance Fund to the state
fire marshal and Fire and Emergency Training Institute at Louisiana State
University.
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HB NO. 100
3. Restore the deposit of recurring state general fund as a source of revenue into the
New Opportunities Waiver Fund.
4. Eliminate the repeal of the following statutory dedications:
Fire Marshal Fund
Forest Protection Fund
Louisiana Agricultural Finance Authority Fund
Louisiana Emergency Response Network Fund
Louisiana State University Firemen Training Program Film Library Fund
Telecommunications for the Deaf Fund
Video Draw Poker Device Purse Supplement Fund
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