HLS 161ES-223 REENGROSSED
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)(a) and (c), 249(A), 270(A)(2) and (3)(a)
5 and (ii)(aa) and (cc), 392(B)(2) and (C)(7), and 437(B)(1)(c) and (2) and (C)(2), (3),
6 and (4), R.S. 33:9551(E)(3), 9561(E)(3), and 9571(E)(3), R.S. 39:82(A), 352, and
7 1590(A)(2)(b) and (c) and (B)(2), R.S. 42:262(B), R.S. 46:977.13, R.S. 47:9029(B),
8 R.S. 51:1927.1, 2332(3), and 2341(F), 2361, 2362(A)(introductory paragraph), 2363,
9 2365, and 2366 and Section 4(B) of Act No. 421 of the 2013 Regular Session of the
10 Legislature, to enact R.S. 27:392(C)(8), and to repeal R.S. 3:4411(B) and (C), R.S.
11 11:544, R.S. 15:147(B)(14), 167, 185.5, and 572.8(N), R.S. 17:354, 3129.6, and Part
12 VI of Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950, comprised
13 of R.S. 17:4001, R.S. 24:39, R.S. 27:92(C), and 392(B)(6), R.S. 28:842, R.S.
14 39:97.3, 98.7, Subpart H of Part II of Chapter 1 of Subtitle I of Title 39 of the
15 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.11, Subpart I of Part
16 II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,
17 comprised of R.S. 39:100.21, Subpart J of Part II of Chapter 1 of Subtitle I of Title
18 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.26, Subpart
19 K of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes
20 of 1950, comprised of R.S. 39:100.31, Subpart M of Part II of Chapter 1 of Subtitle
21 I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.41,
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HB NO. 100
1 Subpart N of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised
2 Statutes of 1950, comprised of R.S. 39:100.51, Subpart P-1 of Part II of Chapter 1
3 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
4 39:100.81, Subpart Q-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the
5 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.122, Subpart Q-2 of
6 Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of
7 1950, comprised of R.S. 39:100.123, Subpart R-1 of Part II of Chapter 1 of Subtitle
8 I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
9 39:100.136, Subpart S of Part II of Chapter 1 of Subtitle I of Title 39 of the
10 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.146, and R.S.
11 39:1357, R.S. 40:16.2, R.S. 46:2913, R.S. 47:318, 841(G), 841.1, 841.2, and
12 6351(G)(3) and (4), R.S. 49:259, R.S. 51:2315, and Code of Criminal Procedure
13 Article 926.1(K), Section 7 of Act No. 420 of the 2013 Regular Session of the
14 Legislature, and Section 3 of Act No. 1065 of the 1997 Regular Session of the
15 Legislature, relative to special treasury funds; to provide for the elimination of
16 certain special treasury funds; to eliminate certain dedications into certain special
17 treasury funds; to eliminate certain required expenditures from special treasury
18 funds; to eliminate the Forest Productivity Fund, Louisiana Public Defender Fund,
19 Indigent Parent Representation Program Fund, Innocence Compensation Fund,
20 Academic Improvement Fund, Support Education in Louisiana First Fund, Higher
21 Education Initiatives Fund, Louisiana Charter School Start-Up Loan Fund,
22 Municipal Fire and Police Civil Service Fund, Legislative Capitol Technology
23 Enhancement Fund, Riverboat Gaming Enforcement Fund, Equine Health Studies
24 Program Fund, Southern University AgCenter Program Fund, Compulsive and
25 Problem Gaming Fund, Tobacco Settlement Enforcement Fund, Payments Towards
26 the UAL Fund, Overcollections Fund, FEMA Reimbursement Fund, State
27 Emergency Response Fund, Louisiana Interoperability Communications Fund,
28 Health Care Redesign Fund, Community Water Enrichment Fund, Marketing Fund,
29 Tobacco Tax Health Care Fund, Department of Justice Legal Support Fund, Rapid
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HB NO. 100
1 Response Fund, Louisiana Mega-Project Development Fund, DNA Testing Post-
2 Conviction Relief for Indigents Fund, 2013 Amnesty Collections Fund, Competitive
3 Core Growth Fund, Science, Technology, Engineering and Math (STEM) Upgrade
4 Fund, Louisiana Asbestos Detection and Abatement Fund, Center of Excellence for
5 Autism Spectrum Disorder Fund, Unfunded Accrued Liability and Specialized
6 Educational Institutions Support Fund, Department of Health and Hospitals' Facility
7 Support Fund, FMAP Stabilization Fund, Fund for Louisianians in Need of Civil
8 Legal Assistance, Fiscal Administrator Revolving Loan Fund, Status of
9 Grandparents Raising Grandchildren Fund, Louisiana Economic Development Fund,
10 Tobacco Regulation Enforcement Fund, Department of Alcohol and Tobacco
11 Control Officers Fund, Tobacco Tax Medicaid Match Fund, Higher Education
12 Financing Fund, and Sickle Cell Fund; to provide for the uses of the Video Draw
13 Poker Device Fund; to authorize the transfer of balances between funds; to provide
14 relative to the Pari-mutuel Live Racing Facility Gaming Control Fund; to provide for
15 deposit of monies into the state general fund; and to provide for related matters.
16Be it enacted by the Legislature of Louisiana:
17 Section 1. R.S. 3:2(C), 4411(A), and 4423(3) are hereby amended and reenacted to
18read as follows:
19 §2. Creation, powers, and duties of Department of Agriculture and Forestry and the
20 commissioner of agriculture and forestry
21 * * *
22 C. All funds derived from the sale of timber on state lands under this Section
23 shall be deposited in the state treasury for deposit into the state general fund. Monies
24 derived from the sale of timber on state lands in the custody of the Department of
25 Health and Hospitals shall be deposited into the Department of Health and Hospitals'
26 Facility Support Fund as provided in R.S. 40:16.2. The legislature shall annually
27 appropriate to the Department of Agriculture and Forestry the costs incurred by that
28 department under the provisions of this Section.
29 * * *
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1 §4411. Forestry Productivity Fund; disposition of funds
2 A. Funds equal to seventy-five percent of that portion of the severance tax
3 on timber allocated to the state by Article VII, Section 4(D) of the Constitution of
4 Louisiana shall be deposited immediately upon receipt into the state treasury for
5 deposit into the state general fund.
6 * * *
7 §4423. Definitions
8 As used in this Part, the following terms shall have the meanings ascribed
9 below:
10 * * *
11 (3) "Incentives" means any tax exemption, tax credit, tax exclusion, tax
12 deduction, rebate, investment, contract, or grant made available by the state to
13 directly support the purchase of forestry products. "Incentives" shall not mean any
14 such benefit available under statutorily provided programs including Louisiana
15 Quality Jobs Program Act (R.S. 51:2451, et seq.), Louisiana Enterprise Zone Act
16 (R.S. 51:1781, et seq.), Industry Assistance (R.S. 47:4301, et seq.), Industrial Tax
17 Exemption (La. Const. Art. VII, Sec. 21(F), Economic Development Award Program
18 (R.S. 51:2341), Economic Development Loan Program (R.S. 51:2312), and Tax
19 Equalization (R.S. 47:3201, et seq.), Rapid Response Fund (R.S. 51:2361), and
20 Mega-Project Development Fund (R.S. 51:2365).
21 Section 2. R.S. 13:5073(A)(1) is hereby amended and reenacted to read as follows:
22 §5073. Certifications; directory; tax stamps
23 A.(1) Every tobacco product manufacturer whose cigarettes are sold in this
24 state, whether directly or through a distributor, retailer, or similar intermediary or
25 intermediaries, shall execute and deliver on a form prescribed by the attorney general
26 a certification to the secretary and attorney general, no later than the thirtieth day of
27 April each year, certifying under penalty of perjury that, as of the date of such
28 certification, such tobacco product manufacturer either: is a participating
29 manufacturer; or is in full compliance with R.S. 13:5061 et seq., including all
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1 installment payments required by R.S. 13:5075(J). For the initial certification
2 submitted no later than the thirtieth of April each year, a manufacturer shall pay to
3 the attorney general a fee of five hundred dollars. The fees generated pursuant to this
4 Section shall be deposited in the Tobacco Settlement Enforcement Fund state general
5 fund and used solely and exclusively for purposes of enforcement of the Master
6 Settlement Agreement, pursuant to R.S. 39:98.7.
7 * * *
8 Section 3. R.S. 17:407.27(B)(3), 3046.3(C), 4019(C), and 5068(D)(3) are hereby
9amended and reenacted to read as follows:
10 §407.27. The Cecil J. Picard LA 4 Early Childhood Program; early childhood
11 development and enrichment activity classes; financial assistance
12 * * *
13 B.
14 * * *
15 (3) As provided in this Subsection, when a participating school district
16 receives privately funded scholarship funds pursuant to this Subsection, the annual
17 appropriation of state funds for the Cecil J. Picard LA 4 Early Childhood Program
18 shall be reduced by the amount of the private scholarship program funds so received.
19 The commissioner of administration shall determine and specify the amount of the
20 reduction from the source of the funds to provide the maximum benefit to the state
21 from the privately funded scholarship program. The state treasurer shall deposit the
22 amount of the reduction as specified by the commissioner of administration into the
23 Overcollections Fund created in R. S. 39:100.21 and credit the deposit to an account
24 within the fund hereby established and created to be known as the "Program
25 Participation Savings Account" state general fund.
26 * * *
27 §3046.3 Private Scholarships
28 * * *
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1 C. As provided in this Section, when an eligible college or university
2 receives privately funded scholarship funds on behalf of a student, the state funds for
3 the Louisiana GO Grant program shall be reduced by the amount of the private
4 scholarship program funds so received. The commissioner of administration shall
5 determine and specify the amount of the reduction from the source of the funds to
6 provide the maximum benefit to the state from the privately funded scholarship
7 program. The state treasurer shall deposit the amount of the reduction as specified
8 by the commissioner of administration into the Overcollections Fund created in R.
9 S. 39:100.21 and credit the deposit to an account within the fund hereby established
10 and created to be known as the "Program Participation Savings Account" state
11 general fund.
12 * * *
13 §4019. Private scholarships
14 * * *
15 C. As provided in this Section, when a participating school receives privately
16 funded scholarship funds on behalf of a student pursuant to this Section, the annual
17 appropriation of state funds for the program shall be reduced by the amount of such
18 private scholarship program funds so received. The commissioner of administration
19 shall determine and specify the amount of the reduction from the source of the funds
20 to provide the maximum benefit to the state from the privately funded scholarship
21 program. The state treasurer shall deposit the amount of such reduction as specified
22 by the commissioner of administration into the Overcollections Fund created in R.S.
23 39:100.21 and credit such deposit to an account within the fund hereby established
24 and created to be known as the "Program Participation Savings Account" state
25 general fund.
26 * * *
27 §5068. Miscellaneous
28 * * *
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1 D.
2 * * *
3 (3) As provided in this Subsection, if an eligible college or university
4 receives privately funded scholarship funds on behalf of a student, the state funds for
5 the Taylor Opportunity Program for Students shall be reduced by the amount of the
6 private scholarship program funds so received. A reduction shall not affect the
7 estimated nature of the Taylor Opportunity Program for Students appropriation as
8 provided in the Act or Acts that contain such appropriations. The commissioner of
9 administration shall determine and specify the amount of the reduction from the
10 source of the funds to provide the maximum benefit to the state from the privately
11 funded scholarship program. The state treasurer shall deposit the amount of such
12 reduction as specified by the commissioner of administration into the
13 Overcollections Fund created in R.S. 39:100.21 and credit the deposit to an account
14 within the fund hereby established and created to be known as the "Program
15 Participation Savings Account" state general fund.
16 * * *
17 Section 4. R.S. 22:1476(A)(2) is hereby amended and reenacted to read as follows:
18 §1476. Assessments against insurers; dedications
19 A.
20 * * *
21 (2) An amount equal to two and one-fourth hundredths of one percent of the
22 gross direct premiums received in this state, in the preceding year; two and thirty-
23 seven hundredths of one percent of the direct gross premiums received in this state,
24 in the year 2001; and two and one-half hundredths of one percent of the direct gross
25 premiums received in the state, in the year 2003 and every year thereafter by insurers
26 doing business in this state and subject to this Subpart, less returned premiums shall
27 be deposited by the commissioner of insurance with the state treasurer to be credited
28 to a special fund created in the state treasury entitled the Municipal Fire and Police
29 Civil Service Operating Fund, hereinafter known as the "fund". Subject to an annual
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1 appropriation by the legislature pursuant to the provisions of R.S. 33:2480 and 2540,
2 monies in the fund shall be used solely to support the operations of the office of state
3 examiner, Municipal Fire and Police Civil Service. Monies in the fund shall be
4 invested by the treasurer in the same manner as monies in the state general fund and
5 interest earned on investment of these monies shall be credited to the state general
6 fund. All unexpended and unencumbered monies in the fund at the end of the fiscal
7 year shall revert to the state general fund.
8 * * *
9 Section 5. R.S. 23:1514(D)(5) is hereby amended and reenacted to read as follows:
10 §1514. Worker training fund; purpose; training programs; eligibility criteria;
11 program administration
12 * * *
13 D.
14 * * *
15 (5) The administrator may annually set aside an amount up to ten percent of
16 the amount appropriated to the fund by the state legislature for preemployment
17 training in any year in which the legislature appropriates funds for training equal to
18 or exceeding those funds appropriated in the previous year to the Rapid Response
19 Fund created by R.S. 51:2361 or to the Louisiana Economic Development Fund
20 created by R.S. 51:2315. All preemployment training shall require an employer
21 matching contribution of not more than fifty percent, and job placement outcomes
22 at wage rates commensurate with training, as determined by the administrator
23 pursuant to duly promulgated rules and regulations.
24 * * *
25 Section 6. R.S. 27:27.1(F), 92(B)(2)(a) and (c), 249(A), 270(A)(2) and (3)(a) and
26(ii)(aa) and (cc), (C)(7), and 437(B)(1)(c) and (2) and (C)(2), (3), and (4) are hereby
27amended and reenacted and R.S. 27:392(C)(8) is hereby enacted to read as follows:
28 §27.1. Uniform compulsive and problem gambling program
29 * * *
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1 F. In any proceeding brought against any licensee, permittee, or casino
2 gaming operator and any employee thereof for a willful violation of the self-
3 exclusion rules of the board, the board may order the forfeiture of any money or
4 thing of value obtained by the licensee or the casino gaming operator from any self-
5 excluded person. Any money or thing of value so forfeited shall be deposited into
6 the Compulsive and Problem Gaming Fund established pursuant to R.S. 28:842 state
7 general fund.
8 * * *
9 §92. Collection and disposition of fees
10 * * *
11 B.
12 * * *
13 (2) After complying with the provisions of Paragraph (1) of this Subsection,
14 the state treasurer shall, each fiscal year, credit the following amounts to the
15 following funds:
16 (a)(i) One percent, not to exceed five hundred thousand dollars, to the
17 Compulsive and Problem Gaming Fund established by R.S. 28:842.
18 (ii) The amounts of winnings withheld and remitted in accordance with R.S.
19 27:85(B)(2), which shall be deposited into the Compulsive and Problem Gaming
20 Fund provided for in R.S. 28:842 state general fund.
21 * * *
22 (c) To a special fund, which is hereby created in the state treasury and
23 entitled the Riverboat Gaming Enforcement Fund, the state general fund an amount
24 equal to the revenues received by the state pursuant to this Chapter, less any monies
25 credited to other funds pursuant to the provisions of Subparagraphs (a) and (b) of this
26 Paragraph.
27 * * *
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1 §249. Compulsive gambling; posting information
2 A. The corporation shall include the cost of the transfer of its monies to the
3 state treasurer for deposit into the Compulsive and Problem Gaming Fund as
4 required by R.S. 27:270(A)(2) state general fund as a budgeted item and expense of
5 the corporation.
6 * * *
7 §270. Deposit of revenues; expenditures and investments authorized; transfer of
8 revenues to state treasury; corporation operating account; audit of
9 corporation books and records; audits
10 A.
11 * * *
12 (2)(a) Quarterly, the corporation shall transfer to the state treasury one
13 percent of its operating account, not to exceed five hundred thousand dollars per
14 fiscal year. These monies shall first be credited to the Bond Security and
15 Redemption Fund in accordance with Article VII, Section 9(B) of the Constitution
16 of Louisiana. Thereafter, the state treasurer shall deposit the monies into the
17 Compulsive and Problem Gaming Fund established by R.S. 28:842 state general
18 fund.
19 (b) Quarterly, the corporation shall transfer to the state treasury for deposit
20 into the Compulsive and Problem Gaming Fund provided for in R.S. 28:842 state
21 general fund the amount of revenues withheld and remitted in accordance with R.S.
22 27:260(D).
23 (3)(a) Daily, the corporation shall transfer to the state treasury for deposit
24 into the state general fund certain funds in the treasury, except as provided in this
25 Paragraph, the amount of net revenues which the corporation determines are surplus
26 to its needs. After first being credited to the Bond Security and Redemption Fund
27 in accordance with Article VII, Section 9(B) of the Constitution of Louisiana, and
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1 after satisfying any other requirements of the Constitution and laws of Louisiana,
2 such net revenues shall be deposited as follows:
3 * * *
4 (ii) In each year for which the Joint Legislative Committee on the Budget
5 approves the amount of the casino support services contract as provided in R.S.
6 27:247:
7 (aa) The first one million eight hundred thousand dollars shall be deposited
8 in and credited to the Casino Support Services Fund.
9 * * *
10 (cc) After satisfying the requirements of Subitems (aa) and Subitem (bb) of
11 this Item, monies shall be deposited into the Casino Support Services Fund until the
12 casino support services contract is fully funded for that year.
13 * * *
14 §392. Collection and disposition of fees and taxes
15 * * *
16 B.
17 * * *
18 (2)(a) After complying with the provisions of Paragraph (1) of this
19 Subsection, the state treasurer shall, each fiscal year, credit one percent from the
20 combined net slot machine proceeds collected by the state from each licensed
21 facility, not to exceed five hundred thousand dollars, to the Compulsive and Problem
22 Gaming Fund established by R.S. 28:842. After crediting such proceeds to the
23 Compulsive and Problem Gaming Fund, the state treasurer shall, each fiscal year,
24 credit the remainder of all taxes generated pursuant to R.S. 27:393 and all fines and
25 other monies collected by the division to a special fund which is hereby created in
26 the state treasury and entitled the "Pari-mutuel Live Racing Facility Gaming Control
27 Fund", hereinafter referred to as the "Gaming Control Fund".
28 (b) Monies in the Gaming Control Fund shall be withdrawn only pursuant
29 to appropriation by the legislature and shall be used solely for the expenses of the
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1 board, the Department of Justice, the division, and the Louisiana Racing Commission
2 which are necessary to carry out the provisions of this Chapter. Monies in the fund
3 remaining after appropriation for expenses of the board, the Department of Justice,
4 the division, and the Louisiana Racing Commission shall be credited as hereinafter
5 provided in this Subsection.
6 (c) (b) Monies in the Gaming Control Fund shall be invested by the state
7 treasurer in the same manner as monies in the state general fund. Interest earned on
8 investment of monies in the Gaming Control Fund shall be credited to the state
9 general fund. Unexpended and unencumbered monies in the Gaming Control Fund
10 at the end of each fiscal year shall be deposited in the state general fund.
11 * * *
12 C.
13 * * *
14 (7) After making the deposits as required by Paragraphs (1) through (6) of
15 this Subsection, the state treasurer shall deposit in and credit an amount not to exceed
16 three million one hundred thousand dollars annually, shall be deposited and credited
17 to the New Orleans Sports Franchise Assistance Fund which is hereby created in the
18 state treasury and which for purposes of this Paragraph shall be known as the
19 "assistance fund". Monies in the assistance fund shall be appropriated and
20 distributed each fiscal year to the Louisiana Stadium and Exposition District for use
21 only to fund contractual obligations of the state to any National Football League or
22 National Basketball Association franchise located in Orleans Parish. Monies in the
23 assistance fund shall be invested in the same manner as monies in the state general
24 fund. Interest earned on the investment of monies in the assistance fund shall be
25 credited to the assistance fund. Unexpended and unencumbered monies in the
26 assistance fund at the end of the fiscal year shall remain in the assistance fund.
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1 (8) After compliance with the provisions of Paragraph (1) through (7) of this
2 Subsection, remaining monies shall be deposited in and credited to the state general
3 fund.
4 * * *
5 §437. Video Draw Poker Device Fund; distribution and expenditure
6 * * *
7 B.(1)
8 * * *
9 (c) Thereafter, the state treasurer shall, each fiscal year, credit to a special
10 fund, which is hereby created in the state treasury and entitled the Video Draw Poker
11 Device Fund, an amount equal to all revenues received by the division pursuant to
12 the provisions of this Chapter, except those funds specified by the provisions of R.S.
13 27:435(D)(4), which shall be deposited as provided by R.S. 27:439 and those funds
14 withheld pursuant to R.S. 27:443(A)(2) which shall be remitted for deposit to the
15 Compulsive and Problem Gaming Fund provided for in R.S. 28:842.
16 (2) After complying with the provisions of Paragraph (1) of this Subsection,
17 the state treasurer shall, each fiscal year, credit the following amounts to the
18 following special funds:
19 (a) One percent, not to exceed five hundred thousand dollars, to the
20 Compulsive and Problem Gaming Fund established by R.S. 28:842.
21 (b) To to a special fund, which is hereby created in the state treasury and
22 entitled the Video Draw Poker Device Fund, an amount equal to all revenues
23 received by the division pursuant to the provisions of this Section, less any monies
24 credited to another fund pursuant to the provisions of Subparagraph (a) of this
25 Paragraph.
26 C.
27 * * *
28 (2) An amount shall be allocated to the Department of Public Safety and
29 Corrections and to the Department of Justice, pursuant to legislative appropriation,
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1 for regulatory, administrative, investigative, enforcement, legal, and such other
2 expenses as may be necessary to carry out the provisions of this Chapter and for
3 activities associated with enforcement of laws and regulations governing video draw
4 poker devices.
5 (3) (2) Any monies in the fund not required to meet the purposes provided
6 for in Paragraphs (1) and (2) Paragraph (1) of this Subsection shall be credited to and
7 deposited in the state general fund as they become available. Any unexpended or
8 unencumbered monies remaining in the Video Draw Poker Device Fund at the end
9 of the fiscal year shall revert to the state general fund.
10 (4) (3) An amount equal to all franchise payments exempted pursuant to R.S.
11 27:321 shall be considered to be part of the Video Draw Poker Device Fund for
12 purposes of calculating the distribution of the fund pursuant to Paragraphs (1) and
13 (2) Paragraph (1) of this Subsection.
14 Section 7. R.S. 33:9551(E)(3), 9561(E)(3), and 9571(E)(3) are hereby amended
15and reenacted to read as follows:
16 §9551. St. Landry Parish Pari-mutuel Live Racing Economic Redevelopment and
17 Gaming Control Assistance District
18 * * *
19 E. Tax.
20 * * *
21 (3) The district is specifically authorized to transfer to the state such amounts
22 as are necessary to address the policies established by this Chapter and Chapter 7 of
23 Title 27 of the Louisiana Revised Statutes of 1950. Specifically: (a) the The district
24 shall transfer one-fourth of the net proceeds of such tax to the state and the state
25 treasurer is directed to deposit any such amount received in the Pari-mutuel Live
26 Racing Facility Gaming Control Fund to be administered and expended as provided
27 in R.S. 27:392(B)(1) and (2), and (b) the district shall transfer three-fourths of the net
28 proceeds of such tax to the state and the state treasurer is directed to deposit any such
29 amount into the state general fund; however, five percent of the total proceeds
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1 transferred to the state shall be deposited in the St. Landry Parish Excellence Fund
2 created by R.S. 27:392(B)(3)(b).
3 * * *
4 §9561. Bossier Parish Pari-Mutuel Live Racing Economic Redevelopment and
5 Gaming Control Assistance District
6 * * *
7 E. Tax.
8 * * *
9 (3) The district is specifically authorized to transfer to the state such amounts
10 as are necessary to address the policies established by this Chapter and Chapter 7 of
11 Title 27 of the Louisiana Revised Statutes of 1950. Specifically (a) the The district
12 shall transfer one-fourth of the net proceeds of such tax to the state and the state
13 treasurer is directed to deposit any such amount received in the Pari-mutuel Live
14 Racing Facility Gaming Control Fund to be administered and expended as provided
15 in R.S. 27:392(B)(1) and (2), and (b) the district shall transfer three-fourths of the net
16 proceeds of such tax to the state and the state treasurer is directed to deposit any such
17 amount into the state general fund; however, five percent of the total proceeds
18 transferred to the state shall be deposited in the Bossier Educational Excellence
19 Fund.
20 * * *
21 §9571. Calcasieu Parish Pari-mutuel Live Racing Economic Redevelopment and
22 Gaming Control Assistance District
23 * * *
24 E. Tax.
25 * * *
26 (3) The district is specifically authorized to transfer to the state such amounts
27 as are necessary to address the policies established by this Chapter and Chapter 7 of
28 Title 27 of the Louisiana Revised Statutes of 1950. Specifically: the The district
29 shall transfer one-fourth of the net proceeds of such tax to the state, and the state
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1 treasurer is directed to deposit any such amount received in the Pari-mutuel Live
2 Racing Facility Gaming Control Fund to be administered and expended as provided
3 in R.S. 27:392(B)(1) and (2); and the district shall transfer three-fourths of the net
4 proceeds of such tax to the state, and the state treasurer is directed to deposit any
5 such amount into the state general fund. However, five percent of the total proceeds
6 transferred to the state shall be deposited in the Calcasieu Parish Excellence Fund
7 created by R.S. 27:392(B)(3)(c).
8 * * *
9 Section 8. R.S. 39:82(A), 352, and 1590(A)(2)(b) and (c) and (B)(2) are hereby
10amended and reenacted to read as follows:
11 §82. Remission of cash balances to the state treasurer; authorized withdrawals of
12 state monies after the close of the fiscal year
13 A. All cash balances occurring from appropriations made by legislative act
14 or by the Interim Emergency Board regardless of date of passage to any state agency
15 for which no bona fide liability exists on the last day of each fiscal year shall be
16 remitted to the state treasurer by the fifteenth day following the last day of the fiscal
17 year. Any appropriations including those made by the Interim Emergency Board of
18 the preceding fiscal year remaining at the end of the fiscal year against which bona
19 fide liabilities existed as of the last day of the fiscal year may be withdrawn from the
20 state treasury during the forty-five day period after the last day of the fiscal year only
21 as such liabilities come due for payment. Prior to placing monies associated with
22 such unexpended appropriations into the state general fund, the state treasurer shall
23 transfer all cash balances identified and reported by the commissioner of
24 administration as being from unexpended and unencumbered state general fund
25 (direct) and Overcollections Fund appropriations for professional, personal, and
26 consulting service contracts not approved by the Joint Legislative Committee on the
27 Budget as provided in R.S. 39:1590 and remaining at the end of each fiscal year for
28 deposit in and credit to the Higher Education Financing Fund as are necessary to
29 satisfy the requirements of R.S. 39:100.146, and then shall make deposits to the
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1 Payments Towards the UAL Fund as are necessary to satisfy the requirements of
2 R.S. 39:100.11 state general fund.
3 * * *
4 §352. Cancellation of unexpended portions of appropriations; exceptions
5 Whenever any specific appropriation is made to meet any item of expenditure
6 which occurs annually by provision of law or for contingent expense, and any
7 portion of it remains unexpended at the end of the year for which the specific
8 appropriation was made, after all legal claims against it for the year have been paid,
9 the commissioner of administration shall cancel any balance of the appropriation,
10 and each succeeding year he shall open a new account for the appropriation which
11 may be made for that particular year, without carrying forward any unexpended
12 balance of appropriation made for any previous year. This provision shall not apply
13 to appropriations made to pay the debt of the state, principal and interest. Prior to
14 placing monies associated with such unexpended appropriations into the state general
15 fund, the state treasurer shall transfer all cash balances identified and reported by the
16 commissioner of administration as being from unexpended and unencumbered state
17 general fund (direct) and Overcollections Fund appropriations for professional,
18 personal, and consulting service contracts not approved by the Joint Legislative
19 Committee on the Budget as provided in R.S. 39:1590 remaining at the end of each
20 fiscal year for deposit in and credit to the Higher Education Financing Fund as is
21 necessary to satisfy the requirements of R.S. 39:100.146 and then shall make
22 deposits to the Payments Towards the UAL Fund as are necessary to satisfy the
23 requirements of R.S. 39:100.11 state general fund.
24 * * *
25 §1590. Approval of certain professional, personal, and consulting services contracts
26 for Fiscal Year 2015-2016 through Fiscal Year 2017-2018
27 A.
28 * * *
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1 (2) If within thirty days of receipt of the contract, the contract is placed on
2 the agenda for review, the Joint Legislative Committee on the Budget may take the
3 following action:
4 * * *
5 (b) Reject the contract and notify the commissioner of administration that
6 such funds otherwise proposed for this purpose shall be deposited into the Higher
7 Education Financing Fund as provided in R.S. 39:100.146 state general fund.
8 (c) Recommend revisions to the contract. If the Joint Legislative Committee
9 on the Budget recommends revisions to the contract, the contract shall not become
10 effective until it is revised, resubmitted to the Joint Legislative Committee on the
11 Budget, and acted upon again by the committee. If the commissioner of
12 administration, in consultation with the state chief procurement officer, does not
13 resubmit the contract to the Joint Legislative Committee on the Budget within thirty
14 days after the committee recommends revisions to the contract, the contract shall be
15 deemed to be rejected and funds otherwise proposed for this purpose shall be
16 deposited into the Higher Education Financing Fund as provided in R.S. 39:100.146
17 state general fund.
18 B.
19 * * *
20 (2) Following each determination required pursuant to the provisions of this
21 Subsection, the commissioner of administration shall report to the state treasurer the
22 amount of state general fund (direct) and Overcollections Fund monies appropriated
23 for professional, personal, and consulting service contracts that are expected to
24 remain unexpended and unencumbered at the end of the fiscal year as a result of
25 implementation of this Section. These monies shall be available for deposit in and
26 credit to the Higher Education Financing Fund as provided for in R.S. 39:100.146
27 state general fund.
28 * * *
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1 Section 9. R.S. 42:262(B) is hereby amended and reenacted to read as follows:
2 §262. Special attorney or counsel
3 * * *
4 B. Any recovery or award of attorney fees, including settlement, in litigation
5 involving the attorney general or any state agency, board, or commission, not
6 including any public postsecondary education institution, belongs to the state and
7 shall be deposited into the state treasury into the Department of Justice Legal
8 Support Fund in accordance with R.S. 49:259 state general fund. No payment of
9 attorney fees shall be made out of state funds in the absence of express statutory
10 authority, including R.S. 17:100.10, R.S. 23:1669, R.S. 37:2153, R.S. 41:724 and
11 922, R.S. 42:1157.3, R.S. 46:15, R.S. 47:1512, 1515.3, 1516, 1516.1, and 1676,
12 except such payment of attorney fees as may be approved by the Joint Legislative
13 Committee on the Budget during the interim between legislative sessions.
14 * * *
15 Section 10. R.S. 46:977.13 is hereby amended and reenacted to read as follows:
16 §977.13. Louisiana Children and Youth Health Insurance Program premium
17 monies; Health Care Redesign Fund
18 Monies received by the state as a result of premiums paid for coverage
19 through the program shall be credited to the Health Care Redesign Fund deposited
20 into the state general fund.
21 Section 11. R.S. 47:9029(B) is hereby amended and reenacted to read as follows:
22 §9029. Deposit of revenues; expenditures and investments authorized; transfer of
23 revenues to state treasury; dedication and use of proceeds; corporation
24 operating account; audit of corporation books and records; audits
25 * * *
26 B.(1) A Louisiana Lottery Proceeds Fund is hereby established in the state
27 treasury. Net lottery proceeds shall be credited to this fund as provided in
28 Subsection A of this Section. Monies credited to the Louisiana Lottery Proceeds
29 Fund shall be invested by the state in accordance with state investment practices and
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1 all earnings from such investments shall accrue to this account. Except as provided
2 in Paragraph (2) of this Subsection, no No monies shall be allotted or expended from
3 this account unless pursuant to an appropriation by the legislature in accordance with
4 law.
5 (2) The state treasurer is authorized and directed to transfer annually an
6 amount equaling five hundred thousand dollars from the Lottery Proceeds Fund to
7 the Compulsive and Problem Gaming Fund established by R.S. 28:842.
8 * * *
9 Section 12. R.S. 51:1927.1, 2332(3), 2341(F), 2361, 2362(A)(introductory
10paragraph), 2363, 2365, and 2366 are hereby amended and reenacted to read as follows:
11 §1927.1. Annual audit; annual rate of return; appreciation excess; remittance to
12 Louisiana Economic Development Fund
13 A. Following a decertification of a pool that was certified on or after January
14 1, 1999, and for which insurance premium tax credits were granted, an independent
15 certified public accountant shall perform a review of all distributions other than tax
16 distributions and management fees from such pool to the equity holders of the pool
17 to determine if such distributions produce an annual internal rate of return to the
18 equity holders of the pool of at least fifteen percent calculated on the original amount
19 of certified capital contributed to such pool as well as any additional capital
20 contributed to such pool. Within thirty days following the issuance of the
21 accountant's report, the certified capital company shall remit to the Louisiana
22 Economic Development Fund state general fund twenty-five percent of all
23 distributions in excess of the amount required to produce an annual internal rate of
24 return of fifteen percent until the Louisiana Economic Development Fund state
25 general fund shall have received an amount equal to the amount of tax credits
26 granted for the pool. Thereafter, the certified capital company shall remit to the
27 Louisiana Economic Development Fund state general fund five percent of such
28 excess distributions.
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1 B. Following a decertification of a pool that was certified on or after January
2 1, 2002, and for which income tax credits or insurance premium tax credits were
3 granted, an independent certified public accountant shall annually perform a review
4 of all distributions, other than tax distributions and management fees, from such pool
5 to the equity holders of the pool to determine if such distributions produce a rate of
6 return to the equity holders of the pool of at least ten percent calculated on the
7 original amount of certified capital contributed to such pool as well as any additional
8 capital contributed to such pool. Within thirty days following the issuance of the
9 accountant's annual report, the certified capital company shall remit twenty-five
10 percent of all distributions in excess of the amount required to produce a rate of
11 return of ten percent to the Louisiana Economic Development Fund state general
12 fund.
13 C. The calculation of internal rate of return shall include all cash
14 distributions to equity investors out of the certified capital company's investment
15 pool, except for tax distributions and management fees. Management fees shall not
16 exceed two and one-half percent per annum of the total certified capital of the pool
17 without the prior approval of the secretary. Notwithstanding any other provisions
18 in this Chapter to the contrary, for all certified capital pools formed after December
19 31, 2001, if a certified Louisiana capital company does not place (1) forty percent of
20 the investment pool in qualified investments within three years after the investment
21 date, (2) sixty percent of the investment pool in qualified investments within five
22 years of the investment date, and (3) upon the certified Louisiana capital company's
23 option either (a) one hundred percent of the investment pool in qualified investments
24 within seven years of the investment date or (b) one hundred and ten percent of the
25 investment pool in qualified investments within eight years of the investment date,
26 then following a decertification pursuant to R.S. 51:1928(B)(3), such company shall
27 remit to the Louisiana Economic Development Fund state general fund twenty-five
28 percent of all distributions, other than tax distributions and management fees, until
29 the Louisiana Economic Development Fund state general fund shall have received
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1 one hundred percent of the tax credits granted for such pool and thereafter the
2 company shall remit ten percent of all distributions, other than tax distributions and
3 management fees to the Louisiana Economic Development Fund state general fund.
4 If a certified Louisiana capital company has not decertified an investment pool
5 formed after December 31, 2001, pursuant to R.S. 51:1928(B)(3) within ten years
6 from the investment date, such company shall remit to the Louisiana Economic
7 Development Fund state general fund fifty percent of all distributions until the
8 Louisiana Economic Development Fund state general fund shall have received one
9 hundred percent of the tax credits granted for such pool, and thereafter the company
10 shall remit twenty percent of all distributions to the Louisiana Economic
11 Development Fund state general fund.
12 D. Notwithstanding any other provision of this Chapter to the contrary and
13 considering the adverse impact of Hurricanes Katrina and Rita, all investment
14 deadlines required by this Section which would have fallen between August 25,
15 2005, and December 30, 2005, shall be extended to March 31, 2006.
16 * * *
17 §2332. Definitions
18 As used in this Chapter, the following terms shall have the following
19 definitions:
20 * * *
21 (3) "Fund" means the Louisiana Economic Development Fund state general
22 fund.
23 * * *
24 §2341. Economic Development Award Program
25 * * *
26 F. The legislature shall make an annual appropriation to EDAP for deposit
27 in the Louisiana Economic Development Fund under the terms and conditions as
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1 provided for in R.S. 51:2315. Project awards shall be disbursed by the corporation's
2 board.
3 * * *
4 PART VI-A RAPID RESPONSE FUND PROJECTS
5 §2361. Rapid Response Fund Projects
6 A.(1) The Rapid Response Fund, hereinafter referred to as the "fund", is
7 hereby created as a special fund within the state treasury.
8 (2) Beginning July 1, 2005, the state treasurer is directed to deposit into the
9 fund at the beginning of each fiscal year ten million dollars. The legislature may
10 appropriate additional monies to the fund notwithstanding the balance in the fund.
11 B.(1) All unexpended and unencumbered monies in the fund at the end of
12 the fiscal year shall remain in the fund. Monies in the fund shall be invested by the
13 treasurer in the same manner as those in the state general fund, and any interest
14 earned on the investment of monies in the fund shall be credited to the fund.
15 (2) Monies in the fund shall be The legislature may make available for
16 appropriation to the Department of Economic Development, hereinafter referred to
17 as the "department". , Such appropriations monies that shall be used by the secretary
18 of the department for immediate funding of all or a portion of economic development
19 projects which may be necessary in order to successfully secure the creation or
20 retention of jobs by a business entity under such circumstances as may be determined
21 by the secretary and the governor.
22 (3) B.(1) The secretary shall report to the Joint Legislative Committee on
23 the Budget twice yearly, on the first day of October and the first day of April, with
24 respect to all actual expenditures of monies appropriated from the fund. The reports
25 shall be available electronically, and the secretary shall include in these reports any
26 other information which the committee may require with respect to use of monies
27 appropriated from the fund, including but not limited to the following information
28 on each economic development project which receives funding:
29 (a) Performance targets.
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1 (b) Outcomes.
2 (c) Numbers of jobs created and retained.
3 (d) Overall payroll generated.
4 (4) (2) The department shall make available upon request the economic
5 impact analysis on an economic development project which receives monies from
6 the fund.
7 C. At the same time as the secretary submits to the official journal for the
8 state a notice containing general information regarding active negotiations for an
9 economic development project which is eligible for funding from the fund, which
10 active negotiations the secretary desires to keep confidential as provided in R.S.
11 44:22, upon request by a member of the legislature in whose legislative district a
12 project is located, the secretary may provide information regarding the project if the
13 member submits his signature under oath that all information shall remain
14 confidential and privileged.
15 §2362. Accountability requirements; legal agreements; Rapid Response Fund
16 projects
17 A. All legal agreements for Rapid Response Fund projects shall include all
18 of the following:
19 * * *
20 §2363. Accountability requirements; reports; Rapid Response Fund projects
21 A. The secretary of the Department of Economic Development shall develop
22 a uniform accountability report for economic development created by the Rapid
23 Response Fund projects. The secretary shall also develop a formula for measuring
24 the return on investment for each Rapid Response Fund project.
25 B. The Department of Economic Development shall compile and make
26 available a list of the cooperative endeavor agreements, the name of the entity
27 receiving funds, and the amount of the incentive received for all Rapid Response
28 Fund projects in both written and electronic form.
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1 PART VI-B. LOUISIANA MEGA-PROJECT DEVELOPMENT FUND
2 §2365. Louisiana Mega-Project Development Fund
3 A. The Louisiana Mega-Project Development Fund, hereinafter referred to
4 as the "fund", is hereby created as a special fund within the state treasury.
5 B. The state treasurer is hereby authorized and directed to transfer one
6 hundred fifty million dollars from the Louisiana Economic and Port Development
7 Infrastructure Fund to the Louisiana Mega-Project Development Fund on June 29,
8 2007. The legislature may appropriate additional monies to the fund if it deems
9 necessary to accomplish the purposes of the fund.
10 C. Monies in the fund shall be invested by the treasurer in the same manner
11 as monies in the state general fund and any interest earned on the investment of
12 monies in the fund shall be credited to the fund. All unexpended and unencumbered
13 monies in the fund at the end of the fiscal year shall remain in the fund.
14 D.(1) Monies in the fund shall be (1) The legislature may make available for
15 appropriation for general purposes and for use by to the Department of Economic
16 Development, hereinafter referred to as the "department",. Such appropriations
17 monies that shall be used by the secretary of the department for immediate funding
18 of all or a portion of economic development mega-projects which may be necessary
19 in order to successfully secure the creation or retention of jobs by a business entity
20 or a qualified major event under such circumstances as established by this Part.
21 (2) The secretary shall report to the Joint Legislative Committee on the
22 Budget twice yearly, on the first day of October and the first day of April, with
23 respect to all actual expenditures of monies appropriated from the fund. The reports
24 shall be available electronically, and the secretary shall include in these reports any
25 other information which the committee may require with respect to use of monies
26 appropriated from the fund, including but not limited to the following information
27 on each economic development project which receives funding:
28 (a) Performance targets.
29 (b) Outcomes.
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1 (c) Numbers of jobs created and retained.
2 (d) Overall payroll generated.
3 (3) The department shall make available upon request the economic impact
4 analysis on an economic development project which receives monies from the fund.
5 This Subparagraph shall not apply to a mega-project which is a qualified major event
6 as defined in R.S. 51:2365.1.
7 E. B. Monies in the fund shall be expended only upon recommendation by
8 the secretary and concurrence by the governor. Any such recommendation shall be
9 implemented pursuant to a cooperative endeavor agreement executed in accordance
10 with the provisions of R.S. 33:9029.2 and subject to approval by the Joint Legislative
11 Committee on the Budget.
12 F. C.(1) For purposes of this Section, "mega-project" means:
13 (a) A project which will provide the following:
14 (i) Either five hundred new direct jobs to the state or a minimum initial
15 investment of five hundred million dollars by the private sector or the United States
16 Government through the creation of a new facility or the expansion of an existing
17 facility.
18 (ii) A substantial return on the investment by the state as measured by
19 projected tax revenues.
20 (b) A project for a military or federal installation which is important to the
21 Louisiana economy and that may be subject to base realignment and closure, or for
22 the purchase of land for a mega-project.
23 (c) A project resulting in re-creating or saving at least five hundred direct
24 jobs in this state, through the transfer of ownership of a facility that has been closed
25 or a facility that is at risk of closure due to conditions arising out of or relating to a
26 proceeding under Title 11 of the United States Code.
27 (d) A qualified major event as defined in R.S. 51:2365.1(A)(5) which meets
28 all of the requirements for eligibility as set forth in R.S. 51:2365.1(D).
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1 (2) Except for a mega-project as provided in Subparagraphs (1)(b) and (d)
2 of this Subsection, the investment by the state in any mega-project shall not exceed
3 thirty percent of the total cost of the project as described by the cooperative endeavor
4 agreement.
5 G. D. At the same time as the secretary submits to the official journal for the
6 state a notice containing general information regarding active negotiations for an
7 economic development mega-project which is eligible for funding from the fund,
8 which active negotiations the secretary desires to keep confidential as provided in
9 R.S. 44:22, upon request by a member of the legislature in whose legislative district
10 a project is located, the secretary may provide information regarding the project if
11 the member submits his signature under oath that all information shall remain
12 confidential and privileged.
13 * * *
14 §2366. Accountability requirements; Mega-Project Development Fund
15 A. The secretary of the Department of Economic Development shall develop
16 a uniform accountability report for economic development created by the Louisiana
17 Mega-Project Development Fund Louisiana mega-projects. The secretary shall also
18 develop a formula for measuring the return on investment for each mega-project.
19 B. The Department of Economic Development shall compile and make
20 available a list of the cooperative endeavor agreements, the name of the entity
21 receiving funds, and the amount of the incentive received for all Louisiana Mega-
22 Project Development Fund projects in both written and electronic form.
23 Section 13. Section 4(B) of Act No. 421 of the 2013 Regular Session of the
24Legislature is hereby amended and reenacted to read as follows:
25 * * *
26 Section 4.
27 * * *
28 B.(1) After satisfaction of the requirements of Subsection A of this
29 Section, all remaining monies collected pursuant to this Act shall be paid into
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1 the state treasury. After compliance with the requirements of Article VII,
2 Section 9(B) of the Constitution of Louisiana relative to the Bond Security
3 and Redemption Fund and prior to any monies being placed into the state
4 general fund or any other fund, an amount equal to the remaining collections
5 shall be credited by the state treasurer to a special fund hereby created in the
6 state treasury to be known as the 2013 Amnesty Collections Fund, hereinafter
7 referred to as "fund". The monies in the fund shall be available for
8 appropriation for any public purpose. the state general fund.
9 (2) Monies in the fund shall be invested by the state treasurer in the
10 same manner as those in the state general fund and interest earned on such
11 investment shall be credited to the fund after compliance with the
12 requirements of the Bond Security and Redemption Fund. All unexpended
13 and unencumbered monies in the fund at the end of the year shall remain in
14 the fund.
15 * * *
16 Section 14. R.S. 3:4411(B) and (C), R.S. 11:544, R.S. 15:147(B)(14), 167, 185.5,
17and 572.8(N), R.S. 17:354, 3129.6, and Part VI of Chapter 42 of Title 17 of the Louisiana
18Revised Statutes of 1950, comprised of R.S. 17:4001, R.S. 24:39, R.S. 27:92(C), and
19392(B)(6), R.S. 28:842, R.S. 39:97.3, 98.7, Subpart H of Part II of Chapter 1 of Subtitle I
20of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.11, Subpart
21I of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,
22comprised of R.S. 39:100.21, Subpart J of Part II of Chapter 1 of Subtitle I of Title 39 of the
23Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.26, Subpart K of Part II of
24Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of
25R.S. 39:100.31, Subpart M of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
26Revised Statutes of 1950, comprised of R.S. 39:100.41, Subpart N of Part II of Chapter 1 of
27Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
2839:100.51, Subpart P-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
29Revised Statutes of 1950, comprised of R.S. 39:100.81, Subpart Q-1 of Part II of Chapter
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11 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
239:100.122, Subpart Q-2 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
3Revised Statutes of 1950, comprised of R.S. 39:100.123, Subpart R-1 of Part II of Chapter
41 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
539:100.136, Subpart S of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
6Revised Statutes of 1950, comprised of R.S. 39:100.146, and R.S. 39:1357, R.S. 40:16.2,
7R.S. 46:2913, R.S. 47:318, 841(G), 841.1, 841.2, and 6351(G)(3) and (4), R.S. 49:259, and
8R.S. 51:2315, Code of Criminal Procedure Article 926.1(K), Section 7 of Act No. 420 of the
92013 Regular Session of the Legislature, and Section 3 of Act No. 1065 of the 1997 Regular
10Session of the Legislature are hereby repealed in their entirety.
11 Section 15. The state treasurer is hereby authorized and directed to transfer any
12unencumbered balances remaining in the funds repealed and abolished in Sections 1 through
1314 of this Act to the state general fund after satisfying the appropriations for Fiscal Year
142015-2016.
15 Section 16. This Act shall become effective on July 1, 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 Reengrossed 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:
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
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)
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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
Marketing Fund R.S. 47:318
Municipal Fire and Police Civil Service
Operating Fund R.S. 22:1476(A)(2)
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
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)
State Emergency Response Fund R.S. 39:100.26(A) and 100.31
Status of Grandparents Raising Grandchildren
Fund R.S. 46:2913
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)
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are additions. HLS 161ES-223 REENGROSSED
HB NO. 100
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.
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.
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are additions. HLS 161ES-223 REENGROSSED
HB NO. 100
(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)(a) and (c), 249(A), 270(A)(2) and (3)(a)(ii)(aa) and (cc), 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, 2332(3), and 2341(F), 2361,
2362(A)(intro. para.), 2363, 2365, 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, 3129.6, and R.S.
17:4001, R.S. 24:39, R.S. 27:92(C) and 392(B)(6), R.S. 28:842, R.S. 39:97.3, 98.7, 100.11,
100.21, 100.26, 100.31, 100.41, 100.51, 100.81, 100.122, 100.123, 100.136, 100.146, and
1357, R.S. 40:16.2, R.S. 46:2913, R.S. 47:318, 841(G), 841.1, 841.2, and 6351(G)(3) and
(4), R.S. 49:259, R.S. 51:2315, 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.
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
The House Floor Amendments to the engrossed bill:
1. Eliminate the repeal of the following statutory dedications:
Competitive Core Growth Fund
Louisiana State Police Salary Fund
Major Events Fund
Major Events Incentive Program Subfund
MediFund
New Orleans Public Safety Fund
Sports Facility Assistance Fund
Science, Technology, Engineering, and Math (STEM) Upgrade Fund
Support Education in Louisiana First Fund
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are additions. HLS 161ES-223 REENGROSSED
HB NO. 100
Workforce Training Rapid Response Fund
Workforce and Innovation for a Strong Economy Fund
2. Add an effective date.
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are additions.