HLS 161ES-61 ENGROSSED
2016 First Extraordinary Session
HOUSE BILL NO. 44
BY REPRESENTATIVES BROADWATER AND EDMONDS
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), 277, 4321(B), 4411(A), and 4423(3), R.S.
3 13:5073(A)(1), R.S. 17:407.27(B)(3), 3046.3(C) , 4019(C), and 5068(D)(3), R.S.
4 22:347(A)(introductory paragraph), 835(B), and 1476(A)(2), R.S. 23:1514(D)(5),
5 R.S. 27:27.1(F), 92(B)(2), 249(A), 270(A)(2) and (3)(a), and 437(B)(1)(c) and (2)
6 and (C)(2), (3), and (4), R.S. 33:9551(E)(3), 9561(E)(3), and 9571(E)(3), R.S.
7 39:82(A), 100.61(B)(1), 352, and 1590(A)(2)(b) and (c) and (B)(2), R.S. 40:1582(E),
8 1593, and 2845(A)(6)(b), R.S. 42:262(B), R.S. 46:977.13, R.S. 47:1061(A)(4) and
9 (B) and 9029(B), R.S. 51:1927.1, 2211(A), 2332(3), and 2341(F), 2361,
10 2362(A)(introductory paragraph), 2363, 2365, 2365.1(B) through (D), and 2366 and
11 Section 4(B) of Act No. 421 of the 2013 Regular Session of the Legislature and to
12 repeal R.S. 3:4321(C) and (D), and 4411(B) and (C), R.S. 11:544, R.S.
13 15:147(B)(14), 167, 185.5, and 572.8(N), R.S. 17:354, 421.7, 1874, 3129.6, 3138.2,
14 3138.3, 3138.4, and Part VI of Chapter 42 of Title 17 of the Louisiana Revised
15 Statutes of 1950, comprised of R.S. 17:4001, R.S. 22:347(A)(1),(2), and (3), and
16 831(B), and 835(C), (D), and (F), R.S. 24:39, R.S. 27:92(C), 392(B)(2), (4), and (6),
17 and 439, R.S. 28:842, R.S. 39:97.3, 98.7, Subpart G of Part II of Chapter 1 of
18 Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
19 39:100.1, Subpart H of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
20 Revised Statutes of 1950, comprised of R.S. 39:100.11, Subpart I of Part II of
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1 Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,
2 comprised of R.S. 39:100.21, Subpart J of Part II of Chapter 1 of Subtitle I of Title
3 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.26, Subpart
4 K of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes
5 of 1950, comprised of R.S. 39:100.31, Subpart M of Part II of Chapter 1 of Subtitle
6 I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.41,
7 Subpart N of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised
8 Statutes of 1950, comprised of R.S. 39:100.51, Subpart P-1 of Part II of Chapter 1
9 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
10 39:100.81, Subpart Q-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the
11 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.122, Subpart Q-2 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. 39:100.123, Subpart R of Part II of Chapter 1 of Subtitle I
14 of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.126,
15 Subpart R-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised
16 Statutes of 1950, comprised of R.S. 39:100.136, Subpart S of Part II of Chapter 1 of
17 Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
18 39:100.146, and R.S. 39:1357, R.S. 40:16.2, 1402, 1547, and 2845(D)(2) and (3)
19 and (E), R.S. 46:2913, R.S. 47:301.1(F), 318, 841(G), 841.1, 841.2, 1520(A)(1)(e),
20 1602.1, and 6351(G)(3) and (4), R.S. 49:259, R.S. 51:2212(3), 2213, and 2315, and
21 Code of Criminal Procedure Article 926.1(K), Section 7 of Act No. 420 of the 2013
22 Regular Session of the Legislature, and Section 3 of Act No. 1065 of the 1997
23 Regular Session of the Legislature, relative to special treasury funds; to provide for
24 the elimination of certain special treasury funds; to eliminate certain dedications into
25 certain special treasury funds; to eliminate certain required expenditures from special
26 treasury funds; to eliminate the Louisiana Agricultural Finance Authority Fund,
27 Forest Protection Fund, Forest Productivity Fund, Louisiana Public Defender Fund,
28 Indigent Parent Representation Program Fund, Innocence Compensation Fund,
29 Academic Improvement Fund, Support Education in Louisiana First Fund,
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1 Workforce Training Rapid Response Fund, Higher Education Initiatives Fund,
2 Louisiana Charter School Start-Up Loan Fund, Louisiana State Police Salary Fund,
3 Louisiana Fire Marshal Fund, Municipal Fire and Police Civil Service Fund,
4 Legislative Capitol Technology Enhancement Fund, Riverboat Gaming Enforcement
5 Fund, Pari-Mutuel Live Racing Facility Gaming Control Fund, Equine Health
6 Studies Program Fund, Southern University AgCenter Program Fund, Video Draw
7 Poker Device Purse Supplement Fund, Compulsive and Problem Gaming Fund,
8 Tobacco Settlement Enforcement Fund, Payments Towards the UAL Fund, Sports
9 Facility Assistance Fund, Overcollections Fund, FEMA Reimbursement Fund, State
10 Emergency Response Fund, Louisiana Interoperability Communications Fund,
11 Health Care Redesign Fund, Community Water Enrichment Fund, Louisiana State
12 University Firemen Training Program Film Library Fund, Marketing Fund, Tobacco
13 Tax Health Care Fund, Department of Justice Legal Support Fund, Rapid Response
14 Fund, Louisiana Mega-Project Development Fund, Major Events Incentive Program
15 Subfund, DNA Testing Post-Conviction Relief for Indigents Fund, 2013 Amnesty
16 Collections Fund, Workforce and Innovation for a Strong Economy Fund,
17 Competitive Core Growth Fund, Science, Technology, Engineering and Math
18 (STEM) Upgrade Fund, Louisiana Asbestos Detection and Abatement Fund, Center
19 of Excellence for Autism Spectrum Disorder Fund, Major Events Fund, Unfunded
20 Accrued Liability and Specialized Educational Institutions Support Fund, MediFund,
21 Department of Health and Hospitals' Facility Support Fund, Louisiana Emergency
22 Response Network Fund, FMAP Stabilization Fund, Fund for Louisianians in Need
23 of Civil Legal Assistance, Fiscal Administrator Revolving Loan Fund, Status of
24 Grandparents Raising Grandchildren Fund, Louisiana Economic Development Fund,
25 Telecommunications for the Deaf Fund, Tobacco Regulation Enforcement Fund,
26 Department of Alcohol and Tobacco Control Officers Fund, Tobacco Tax Medicaid
27 Match Fund, Higher Education Financing Fund, Sickle Cell Fund, and the New
28 Orleans Public Safety Fund; to provide for the deposits into the New Opportunities
29 Waiver Fund; to provide for the uses of the Two Percent Fire Insurance Fund and the
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1 Video Draw Poker Device Fund to authorize the transfer of balances between funds;
2 to provide for deposit of monies into the state general fund; and to provide for related
3 matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 3:2(C), 277, 4321(B), 4411(A), and 4423(3) are hereby amended and
6reenacted to read as follows:
7 §2. Creation, powers, and duties of Department of Agriculture and Forestry and the
8 commissioner of agriculture and forestry
9 * * *
10 C. All funds derived from the sale of timber on state lands under this Section
11 shall be deposited in the state treasury for deposit into the state general fund. Monies
12 derived from the sale of timber on state lands in the custody of the Department of
13 Health and Hospitals shall be deposited into the Department of Health and Hospitals'
14 Facility Support Fund as provided in R.S. 40:16.2. The legislature shall annually
15 appropriate to the Department of Agriculture and Forestry the costs incurred by that
16 department under the provisions of this Section.
17 * * *
18 §277. Trust funds
19 Subject to the exceptions contained in Article VII, Section 9 of the
20 Constitution of Louisiana, all funds received by the authority shall be deposited
21 immediately upon receipt in the state treasury and shall be credited to the Bond
22 Security and Redemption Fund. After a sufficient amount is allocated from the fund
23 to pay all obligations secured by the full faith and credit of the state which become
24 due and payable within any fiscal year, the state treasurer, prior to placing the
25 remaining funds in the state general fund, shall pay an amount equal to the total
26 amount of funds paid into the state treasury by the authority into a special fund
27 which is hereby created in the state treasury and designated as the Louisiana
28 Agricultural Finance Authority Fund. The monies in the Louisiana Agricultural
29 Finance Authority Fund shall be used solely for the programs and purposes of the
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1 authority and only in the amount appropriated each year to the authority by the
2 legislature. All unexpended and unencumbered monies in the fund at the end of the
3 fiscal year shall remain in the fund. The monies in the fund shall be invested by the
4 state treasurer in the same manner as monies in the state general fund. All interest
5 earned from the investment of the monies in the Louisiana Agricultural Finance
6 Authority Fund shall be deposited in that fund.
7 * * *
8 §4321. Forest protection assessment
9 * * *
10 B. The assessment shall be entered on the tax rolls by the assessor and shall
11 be paid by the owner of such timberland to the sheriff and ex officio tax collector of
12 the parish in which the timberland is located in the same manner as parish ad
13 valorem taxes and, when collected, shall be remitted to the state treasurer to be used
14 solely as provided in this Part for deposit into the state general fund.
15 * * *
16 §4411. Forestry Productivity Fund; disposition of funds
17 A. Funds equal to seventy-five percent of that portion of the severance tax
18 on timber allocated to the state by Article VII, Section 4(D) of the Constitution of
19 Louisiana shall be deposited immediately upon receipt into the state treasury for
20 deposit into the state general fund.
21 * * *
22 §4423. Definitions
23 As used in this Part, the following terms shall have the meanings ascribed
24 below:
25 * * *
26 (3) "Incentives" means any tax exemption, tax credit, tax exclusion, tax
27 deduction, rebate, investment, contract, or grant made available by the state to
28 directly support the purchase of forestry products. "Incentives" shall not mean any
29 such benefit available under statutorily provided programs including Louisiana
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1 Quality Jobs Program Act (R.S. 51:2451, et seq.), Louisiana Enterprise Zone Act
2 (R.S. 51:1781, et seq.), Industry Assistance (R.S. 47:4301, et seq.), Industrial Tax
3 Exemption (La. Const. Art. VII, Sec. 21(F), Economic Development Award Program
4 (R.S. 51:2341), Economic Development Loan Program (R.S. 51:2312), and Tax
5 Equalization (R.S. 47:3201, et seq.), Rapid Response Fund (R.S. 51:2361), and
6 Mega-Project Development Fund (R.S. 51:2365).
7 Section 2. R.S. 13:5073(A)(1) is hereby amended and reenacted to read as follows:
8 §5073. Certifications; directory; tax stamps
9 A.(1) Every tobacco product manufacturer whose cigarettes are sold in this
10 state, whether directly or through a distributor, retailer, or similar intermediary or
11 intermediaries, shall execute and deliver on a form prescribed by the attorney general
12 a certification to the secretary and attorney general, no later than the thirtieth day of
13 April each year, certifying under penalty of perjury that, as of the date of such
14 certification, such tobacco product manufacturer either: is a participating
15 manufacturer; or is in full compliance with R.S. 13:5061 et seq., including all
16 installment payments required by R.S. 13:5075(J). For the initial certification
17 submitted no later than the thirtieth of April each year, a manufacturer shall pay to
18 the attorney general a fee of five hundred dollars. The fees generated pursuant to this
19 Section shall be deposited in the Tobacco Settlement Enforcement Fund state general
20 fund and used solely and exclusively for purposes of enforcement of the Master
21 Settlement Agreement, pursuant to R.S. 39:98.7.
22 * * *
23 Section 3. R.S. 17:407.27(B)(3), 3046.3(C), 4019(C), and 5068(D)(3) are hereby
24amended and reenacted to read as follows:
25 §407.27. The Cecil J. Picard LA 4 Early Childhood Program; early childhood
26 development and enrichment activity classes; financial assistance
27 * * *
28 B.
29 * * *
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1 (3) As provided in this Subsection, when a participating school district
2 receives privately funded scholarship funds pursuant to this Subsection, the annual
3 appropriation of state funds for the Cecil J. Picard LA 4 Early Childhood Program
4 shall be reduced by the amount of the private scholarship program funds so received.
5 The commissioner of administration shall determine and specify the amount of the
6 reduction from the source of the funds to provide the maximum benefit to the state
7 from the privately funded scholarship program. The state treasurer shall deposit the
8 amount of the reduction as specified by the commissioner of administration into the
9 Overcollections Fund created in R. S. 39:100.21 and credit the deposit to an account
10 within the fund hereby established and created to be known as the "Program
11 Participation Savings Account" state general fund.
12 * * *
13 §3046.3 Private Scholarships
14 * * *
15 C. As provided in this Section, when an eligible college or university
16 receives privately funded scholarship funds on behalf of a student, the state funds for
17 the Louisiana GO Grant program shall be reduced by the amount of the private
18 scholarship program funds so received. The commissioner of administration shall
19 determine and specify the amount of the reduction from the source of the funds to
20 provide the maximum benefit to the state from the privately funded scholarship
21 program. The state treasurer shall deposit the amount of the reduction as specified
22 by the commissioner of administration into the Overcollections Fund created in R.
23 S. 39:100.21 and credit the 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 §4019. Private scholarships
28 * * *
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1 C. As provided in this Section, when a participating school receives privately
2 funded scholarship funds on behalf of a student pursuant to this Section, the annual
3 appropriation of state funds for the program shall be reduced by the amount of such
4 private scholarship program funds so received. The commissioner of administration
5 shall determine and specify the amount of the reduction from the source of the funds
6 to provide the maximum benefit to the state from the privately funded scholarship
7 program. The state treasurer shall deposit the amount of such reduction as specified
8 by the commissioner of administration into the Overcollections Fund created in R.S.
9 39:100.21 and credit such 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 §5068. Miscellaneous
14 * * *
15 D.
16 * * *
17 (3) As provided in this Subsection, if an eligible college or university
18 receives privately funded scholarship funds on behalf of a student, the state funds for
19 the Taylor Opportunity Program for Students shall be reduced by the amount of the
20 private scholarship program funds so received. A reduction shall not affect the
21 estimated nature of the Taylor Opportunity Program for Students appropriation as
22 provided in the Act or Acts that contain such appropriations. The commissioner of
23 administration shall determine and specify the amount of the reduction from the
24 source of the funds to provide the maximum benefit to the state from the privately
25 funded scholarship program. The state treasurer shall deposit the amount of such
26 reduction as specified by the commissioner of administration into the
27 Overcollections Fund created in R.S. 39:100.21 and credit the deposit to an account
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1 within the fund hereby established and created to be known as the "Program
2 Participation Savings Account" state general fund.
3 * * *
4 Section 4. R.S. 22:347(A)(introductory paragraph), 835(B), and 1476(A)(2) are
5hereby amended and reenacted to read as follows:
6 §347. Disposition of tax money
7 A. Monies collected under R.S. 22:342 through 349, after being first credited
8 to the Bond Security and Redemption Fund in accordance with Article VII, Section
9 9(B) of the Constitution of Louisiana, shall be credited to a special fund hereby
10 established in the state treasury and known as the "Two Percent Fire Insurance Fund"
11 hereinafter the "fund". Any unexpended or unencumbered money remaining in the
12 fund at the end of each fiscal year shall be deposited into the state general fund.
13 Monies in the fund shall be available in amounts appropriated annually by the
14 legislature for the following purposes in the following order of priority:
15 * * *
16 §835. Fire marshal tax; Louisiana Fire Marshal Fund
17 * * *
18 B. All funds received by the commissioner of insurance pursuant to
19 Subsection A of this Section shall be deposited immediately upon receipt into the
20 state treasury for deposit into the state general fund.
21 * * *
22 §1476. Assessments against insurers; dedications
23 A.
24 * * *
25 (2) An amount equal to two and one-fourth hundredths of one percent of the
26 gross direct premiums received in this state, in the preceding year; two and thirty-
27 seven hundredths of one percent of the direct gross premiums received in this state,
28 in the year 2001; and two and one-half hundredths of one percent of the direct gross
29 premiums received in the state, in the year 2003 and every year thereafter by insurers
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1 doing business in this state and subject to this Subpart, less returned premiums shall
2 be deposited by the commissioner of insurance with the state treasurer to be credited
3 to a special fund created in the state treasury entitled the Municipal Fire and Police
4 Civil Service Operating Fund, hereinafter known as the "fund". Subject to an annual
5 appropriation by the legislature pursuant to the provisions of R.S. 33:2480 and 2540,
6 monies in the fund shall be used solely to support the operations of the office of state
7 examiner, Municipal Fire and Police Civil Service. Monies in the fund shall be
8 invested by the treasurer in the same manner as monies in the state general fund and
9 interest earned on investment of these monies shall be credited to the state general
10 fund. All unexpended and unencumbered monies in the fund at the end of the fiscal
11 year shall revert to the state general fund.
12 * * *
13 Section 5. R.S. 23:1514(D)(5) is hereby amended and reenacted to read as follows:
14 §1514. Worker training fund; purpose; training programs; eligibility criteria;
15 program administration
16 * * *
17 D.
18 * * *
19 (5) The administrator may annually set aside an amount up to ten percent of
20 the amount appropriated to the fund by the state legislature for preemployment
21 training in any year in which the legislature appropriates funds for training equal to
22 or exceeding those funds appropriated in the previous year to the Rapid Response
23 Fund created by R.S. 51:2361 or to the Louisiana Economic Development Fund
24 created by R.S. 51:2315. All preemployment training shall require an employer
25 matching contribution of not more than fifty percent, and job placement outcomes
26 at wage rates commensurate with training, as determined by the administrator
27 pursuant to duly promulgated rules and regulations.
28 * * *
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1 Section 6. R.S. 27:27.1(F), 92(B)(2), 249(A), 270(A)(2) and (3)(a), and 437(B)(1)(c)
2and (2) and (C)(2), (3), and (4) are hereby amended and reenacted to read as follows:
3 §27.1. Uniform compulsive and problem gambling program
4 * * *
5 F. In any proceeding brought against any licensee, permittee or casino
6 gaming operator and any employee thereof for a willful violation of the self-
7 exclusion rules of the board, the board may order the forfeiture of any money or
8 thing of value obtained by the licensee or the casino gaming operator from any self-
9 excluded person. Any money or thing of value so forfeited shall be deposited into
10 the Compulsive and Problem Gaming Fund established pursuant to R.S. 28:842 state
11 general fund.
12 * * *
13 §92. Collection and disposition of fees
14 * * *
15 B.
16 * * *
17 (2) After complying with the provisions of Paragraph (1) of this Subsection,
18 the state treasurer shall, each fiscal year, credit the following amounts to the
19 following funds:
20 (a)(i) One percent, not to exceed five hundred thousand dollars, to the
21 Compulsive and Problem Gaming Fund established by R.S. 28:842.
22 (ii) The amounts of winnings withheld and remitted in accordance with R.S.
23 27:85(B)(2), which shall be deposited into the Compulsive and Problem Gaming
24 Fund provided for in R.S. 28:842 state general fund.
25 (b)(i) Except as provided in Item (ii) of this Subparagraph, the The franchise
26 fee paid pursuant to R.S. 27:91(C)(1) to the state general fund.
27 (ii) Nine percent of the franchise fee paid pursuant to R.S. 27:91(C)(1) which
28 is attributable to any riverboat gaming licensee which pays additional franchise fees
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1 pursuant to the provisions of R.S. 27:91(C)(2) through (4) to the Support Education
2 in Louisiana First Fund as provided in R.S. 17:421.7.
3 (ii) Nine percent of the license fee paid pursuant to R.S. 27:91(B)(2) 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 state general fund.
7 (iii) The franchise fees paid pursuant to R.S. 27:91(C)(2) through (4) to the
8 Support Education in Louisiana First Fund as provided in R.S. 17:421.7 state general
9 fund.
10 (c) To a special fund, which is hereby created in the state treasury and
11 entitled the Riverboat Gaming Enforcement Fund, the state general fund an amount
12 equal to the revenues received by the state pursuant to this Chapter, less any monies
13 credited to other funds pursuant to the provisions of Subparagraphs (a) and (b) of this
14 Paragraph.
15 * * *
16 §249. Compulsive gambling; posting information
17 A. The corporation shall include the cost of the transfer of its monies to the
18 state treasurer for deposit into the Compulsive and Problem Gaming Fund as
19 required by R.S. 27:270(A)(2) state general fund as a budgeted item and expense of
20 the corporation.
21 * * *
22 §270. Deposit of revenues; expenditures and investments authorized; transfer of
23 revenues to state treasury; corporation operating account; audit of
24 corporation books and records; audits
25 A.
26 * * *
27 (2)(a) Quarterly, the corporation shall transfer to the state treasury one
28 percent of its operating account, not to exceed five hundred thousand dollars per
29 fiscal year. These monies shall first be credited to the Bond Security and
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1 Redemption Fund in accordance with Article VII, Section 9(B) of the Constitution
2 of Louisiana. Thereafter, the state treasurer shall deposit the monies into the
3 Compulsive and Problem Gaming Fund established by R.S. 28:842 state general
4 fund.
5 (b) Quarterly, the corporation shall transfer to the state treasury for deposit
6 into the Compulsive and Problem Gaming Fund provided for in R.S. 28:842 state
7 general fund the amount of revenues withheld and remitted in accordance with R.S.
8 27:260(D).
9 (3)(a) Daily, the corporation shall transfer to the state treasury for deposit
10 into certain funds in the treasury, as provided in this Paragraph, the amount of net
11 revenues which the corporation determines are surplus to its needs. After first being
12 credited to the Bond Security and Redemption Fund in accordance with Article VII,
13 Section 9(B) of the Constitution of Louisiana, and after satisfying any other
14 requirements of the Constitution and laws of Louisiana, such net revenues shall be
15 deposited as follows:
16 (i) In each year for which the Joint Legislative Committee on the Budget
17 disapproves or does not act upon the amount of the casino support services contract
18 as provided in R.S. 27:247 and no monies are deposited in and credited to the Casino
19 Support Services Fund: .
20 (aa) Ten percent shall be deposited in and credited to the Support Education
21 in Louisiana First Fund as provided in R.S. 17:421.7 and shall be used solely and
22 exclusively for the same purposes provided for in Paragraph (B)(1) of that Section.
23 (bb) Ninety percent shall be deposited in and credited to the Support
24 Education in Louisiana First Fund as provided in R.S. 17:421.7.
25 (ii) In each year for which the Joint Legislative Committee on the Budget
26 approves the amount of the casino support services contract as provided in R.S.
27 27:247: ,
28 (aa) The first one million eight hundred thousand dollars shall be deposited
29 in and credited to the Casino Support Services Fund.
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1 (bb) The next sixty million dollars shall be deposited in and credited to the
2 Support Education in Louisiana First Fund as provided in R.S. 17:421.7.
3 (cc) After satisfying the requirements of Subitems (aa) and (bb) of this Item,
4 monies shall be deposited into the Casino Support Services Fund until the casino
5 support services contract is fully funded for that year.
6 (dd) After satisfying the requirements of Subitem (cc) of this Item, the
7 remainder of the monies shall be deposited in and credited to the Support Education
8 in Louisiana First Fund as provided for in R.S. 17:421.7.
9 * * *
10 §437. Video Draw Poker Device Fund; distribution and expenditure
11 * * *
12 B.(1)
13 * * *
14 (c) Thereafter, the state treasurer shall, each fiscal year, credit to a special
15 fund, which is hereby created in the state treasury and entitled the Video Draw Poker
16 Device Fund, an amount equal to all revenues received by the division pursuant to
17 the provisions of this Chapter, except those funds specified by the provisions of R.S.
18 27:435(D)(4), which shall be deposited as provided by R.S. 27:439 and those funds
19 withheld pursuant to R.S. 27:443(A)(2) which shall be remitted for deposit to the
20 Compulsive and Problem Gaming Fund provided for in R.S. 28:842.
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 special funds:
24 (a) One percent, not to exceed five hundred thousand dollars, to the
25 Compulsive and Problem Gaming Fund established by R.S. 28:842.
26 (b) To to a special fund, which is hereby created in the state treasury and
27 entitled the Video Draw Poker Device Fund, an amount equal to all revenues
28 received by the division pursuant to the provisions of this Section, less any monies
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1 credited to another fund pursuant to the provisions of Subparagraph (a) of this
2 Paragraph.
3 C.
4 * * *
5 (2) An amount shall be allocated to the Department of Public Safety and
6 Corrections and to the Department of Justice, pursuant to legislative appropriation,
7 for regulatory, administrative, investigative, enforcement, legal, and such other
8 expenses as may be necessary to carry out the provisions of this Chapter and for
9 activities associated with enforcement of laws and regulations governing video draw
10 poker devices.
11 (3) (2) Any monies in the fund not required to meet the purposes provided
12 for in Paragraphs (1) and (2) Paragraph (1) shall be credited to and deposited in the
13 state general fund as they become available. Any unexpended or unencumbered
14 monies remaining in the Video Draw Poker Device Fund at the end of the fiscal year
15 shall revert to the state general fund.
16 (4) (3) An amount equal to all franchise payments exempted pursuant to R.S.
17 27:321 shall be considered to be part of the Video Draw Poker Device Fund for
18 purposes of calculating the distribution of the fund pursuant to Paragraphs (1) and
19 (2) Paragraph (1).
20 Section 7. R.S. 33:9551(E)(3), 9561(E)(3), and 9571(E)(3) are hereby amended
21and reenacted to read as follows:
22 §9551. St. Landry Parish Pari-mutuel Live Racing Economic Redevelopment and
23 Gaming Control Assistance District
24 * * *
25 E. Tax.
26 * * *
27 (3) The district is specifically authorized to transfer to the state such amounts
28 as are necessary to address the policies established by this Chapter and Chapter 7 of
29 Title 27 of the Louisiana Revised Statutes of 1950. Specifically: (a) the The district
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1 shall transfer one-fourth of the net proceeds of such tax to the state and the state
2 treasurer is directed to deposit any such amount received in the Pari-mutuel Live
3 Racing Facility Gaming Control Fund to be administered and expended as provided
4 in R.S. 27:392(B)(1) and (2), and (b) the district shall transfer three-fourths of the net
5 proceeds of such tax to the state and the state treasurer is directed to deposit any such
6 amount into the state general fund; however, five percent of the total proceeds
7 transferred to the state shall be deposited in the St. Landry Parish Excellence Fund
8 created by R.S. 27:392(B)(3)(b).
9 * * *
10 §9561. Bossier Parish Pari-Mutuel Live Racing Economic Redevelopment and
11 Gaming Control Assistance District
12 * * *
13 E. Tax.
14 * * *
15 (3) The district is specifically authorized to transfer to the state such amounts
16 as are necessary to address the policies established by this Chapter and Chapter 7 of
17 Title 27 of the Louisiana Revised Statutes of 1950. Specifically (a) the The district
18 shall transfer one-fourth of the net proceeds of such tax to the state and the state
19 treasurer is directed to deposit any such amount received in the Pari-mutuel Live
20 Racing Facility Gaming Control Fund to be administered and expended as provided
21 in R.S. 27:392(B)(1) and (2), and (b) the district shall transfer three-fourths of the net
22 proceeds of such tax to the state and the state treasurer is directed to deposit any such
23 amount into the state general fund; however, five percent of the total proceeds
24 transferred to the state shall be deposited in the Bossier Educational Excellence
25 Fund.
26 * * *
27 §9571. Calcasieu Parish Pari-mutuel Live Racing Economic Redevelopment and
28 Gaming Control Assistance District
29 * * *
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1 E. Tax.
2 * * *
3 (3) The district is specifically authorized to transfer to the state such amounts
4 as are necessary to address the policies established by this Chapter and Chapter 7 of
5 Title 27 of the Louisiana Revised Statutes of 1950. Specifically: the The district
6 shall transfer one-fourth of the net proceeds of such tax to the state, and the state
7 treasurer is directed to deposit any such amount received in the Pari-mutuel Live
8 Racing Facility Gaming Control Fund to be administered and expended as provided
9 in R.S. 27:392(B)(1) and (2); and the district shall transfer three-fourths of the net
10 proceeds of such tax to the state, and the state treasurer is directed to deposit any
11 such amount into the state general fund. However, five percent of the total proceeds
12 transferred to the state shall be deposited in the Calcasieu Parish Excellence Fund
13 created by R.S. 27:392(B)(3)(c).
14 * * *
15 Section 8. R.S. 39:82(A), 100.61(B)(1), 352, and 1590(A)(2)(b) and (c) and (B)(2)
16are hereby amended and reenacted to read as follows:
17 §82. Remission of cash balances to the state treasurer; authorized withdrawals of
18 state monies after the close of the fiscal year
19 A. All cash balances occurring from appropriations made by legislative act
20 or by the Interim Emergency Board regardless of date of passage to any state agency
21 for which no bona fide liability exists on the last day of each fiscal year shall be
22 remitted to the state treasurer by the fifteenth day following the last day of the fiscal
23 year. Any appropriations including those made by the Interim Emergency Board of
24 the preceding fiscal year remaining at the end of the fiscal year against which bona
25 fide liabilities existed as of the last day of the fiscal year may be withdrawn from the
26 state treasury during the forty-five day period after the last day of the fiscal year only
27 as such liabilities come due for payment. Prior to placing monies associated with
28 such unexpended appropriations into the state general fund, the state treasurer shall
29 transfer all cash balances identified and reported by the commissioner of
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1 administration as being from unexpended and unencumbered state general fund
2 (direct) and Overcollections Fund appropriations for professional, personal, and
3 consulting service contracts not approved by the Joint Legislative Committee on the
4 Budget as provided in R.S. 39:1590 and remaining at the end of each fiscal year for
5 deposit in and credit to the Higher Education Financing Fund as are necessary to
6 satisfy the requirements of R.S. 39:100.146, and then shall make deposits to the
7 Payments Towards the UAL Fund as are necessary to satisfy the requirements of
8 R.S. 39:100.11 state general fund.
9 * * *
10 §100.61. New Opportunities Waiver Fund
11 * * *
12 B.(1) The source of monies in the fund shall be as follows:
13 (a) In any fiscal year, the state treasurer is directed to deposit twelve percent
14 of all recurring state general fund revenue, not to exceed fifty million dollars in any
15 fiscal year, as recognized by the Revenue Estimating Conference in excess of the
16 Official Forecast at the beginning of the current fiscal year into the New
17 Opportunities Waiver Fund, and monies in the fund from this Subparagraph shall be
18 used for appropriation in the ensuing fiscal year.
19 (b) Monies designated for the fund and monies received by the state treasurer
20 from donations, gifts, grants, appropriations, or other revenue pursuant to the
21 provisions of R.S. 47:120.171.
22 * * *
23 §352. Cancellation of unexpended portions of appropriations; exceptions
24 Whenever any specific appropriation is made to meet any item of expenditure
25 which occurs annually by provision of law or for contingent expense, and any
26 portion of it remains unexpended at the end of the year for which the specific
27 appropriation was made, after all legal claims against it for the year have been paid,
28 the commissioner of administration shall cancel any balance of the appropriation,
29 and each succeeding year he shall open a new account for the appropriation which
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1 may be made for that particular year, without carrying forward any unexpended
2 balance of appropriation made for any previous year. This provision shall not apply
3 to appropriations made to pay the debt of the state, principal and interest. Prior to
4 placing monies associated with such unexpended appropriations into the state general
5 fund, the state treasurer shall transfer all cash balances identified and reported by the
6 commissioner of administration as being from unexpended and unencumbered state
7 general fund (direct) and Overcollections Fund appropriations for professional,
8 personal, and consulting service contracts not approved by the Joint Legislative
9 Committee on the Budget as provided in R.S. 39:1590 remaining at the end of each
10 fiscal year for deposit in and credit to the Higher Education Financing Fund as is
11 necessary to satisfy the requirements of R.S. 39:100.146 and then shall make
12 deposits to the Payments Towards the UAL Fund as are necessary to satisfy the
13 requirements of R.S. 39:100.11 state general fund.
14 * * *
15 §1590. Approval of certain professional, personal, and consulting services contracts
16 for Fiscal Year 2015-2016 through Fiscal Year 2017-2018
17 A.
18 * * *
19 (2) If within thirty days of receipt of the contract, the contract is placed on
20 the agenda for review, the Joint Legislative Committee on the Budget may take the
21 following action:
22 * * *
23 (b) Reject the contract and notify the commissioner of administration that
24 such funds otherwise proposed for this purpose shall be deposited into the Higher
25 Education Financing Fund as provided in R.S. 39:100.146 state general fund.
26 (c) Recommend revisions to the contract. If the Joint Legislative Committee
27 on the Budget recommends revisions to the contract, the contract shall not become
28 effective until it is revised, resubmitted to the Joint Legislative Committee on the
29 Budget, and acted upon again by the committee. If the commissioner of
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1 administration, in consultation with the state chief procurement officer, does not
2 resubmit the contract to the Joint Legislative Committee on the Budget within thirty
3 days after the committee recommends revisions to the contract, the contract shall be
4 deemed to be rejected and funds otherwise proposed for this purpose shall be
5 deposited into the Higher Education Financing Fund as provided in R.S. 39:100.146
6 state general fund.
7 B.(1)
8 * * *
9 (2) Following each determination required pursuant to the provisions of this
10 Subsection, the commissioner of administration shall report to the state treasurer the
11 amount of state general fund (direct) and Overcollections Fund monies appropriated
12 for professional, personal, and consulting service contracts that are expected to
13 remain unexpended and unencumbered at the end of the fiscal year as a result of
14 implementation of this Section. These monies shall be available for deposit in and
15 credit to the Higher Education Financing Fund as provided for in R.S. 39:100.146
16 state general fund.
17 * * *
18 Section 9. R.S. 40:1582(E), 1593, and 2845(A)(6)(b) are hereby amended and
19reenacted to read as follows:
20 §1582. Emergency elevator access; master key; substitute emergency measures;
21 enforcement; penalty; rulemaking authority
22 * * *
23 E. The office of state fire marshal shall enforce this Section. Any person
24 who fails to comply with the requirements of this Section is subject to an
25 administrative fine of not more than one thousand dollars, in addition to any other
26 penalty provided by law. All administrative fines shall be deposited into the
27 Louisiana Fire Marshal Fund state general fund.
28 * * *
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1 §1593. Volunteer firefighters; medical and life insurance
2 The state fire marshal is authorized to negotiate for and to purchase out of
3 funds available for such purpose in the Two Percent Fire Insurance Fund provided
4 for in R.S. 22:347(A) a group insurance policy to provide medical benefits, death
5 benefits, and burial benefits for volunteer firefighters of the state suffering injury or
6 death while engaged in the scope of their duties as volunteer firefighters. Such
7 policy shall cover all bona fide volunteers starting the day upon which their
8 membership begins without any prior certification to the state fire marshal's office
9 or to the insurer. The state fire marshal shall deliver to each volunteer unit a printed
10 notice concerning the policy requirements as to written notice of claim and written
11 proof of loss including the period in which such must be filed. The volunteer unit
12 shall post such notice in a conspicuous place at its facilities.
13 * * *
14 §2845. Board; functions, powers, and duties
15 A. The board shall:
16 * * *
17 (6) Establish and maintain a statewide trauma registry to collect and analyze
18 data on the incidence, severity, and causes of trauma, including traumatic brain
19 injury. The registry shall be used to improve the availability and delivery of pre-
20 hospital or out-of-hospital care and hospital trauma care services.
21 * * *
22 (b) Required reporting to the state trauma registry is contingent on LERN
23 providing adequate financial support through the Louisiana Emergency Response
24 Network Fund to cover administrative costs.
25 * * *
26 Section 10. R.S. 42:262(B) is hereby amended and reenacted to read as follows:
27 §262. Special attorney or counsel
28 * * *
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1 B. Any recovery or award of attorney fees, including settlement, in litigation
2 involving the attorney general or any state agency, board, or commission, not
3 including any public postsecondary education institution, belongs to the state and
4 shall be deposited into the state treasury into the Department of Justice Legal
5 Support Fund in accordance with R.S. 49:259 state general fund. No payment of
6 attorney fees shall be made out of state funds in the absence of express statutory
7 authority, including R.S. 17:100.10, R.S. 23:1669, R.S. 37:2153, R.S. 41:724 and
8 922, R.S. 42:1157.3, R.S. 46:15, R.S. 47:1512, 1515.3, 1516, 1516.1, and 1676,
9 except such payment of attorney fees as may be approved by the Joint Legislative
10 Committee on the Budget during the interim between legislative sessions.
11 * * *
12 Section 11. R.S. 46:977.13 is hereby amended and reenacted to read as follows:
13 §977.13. Louisiana Children and Youth Health Insurance Program premium
14 monies; Health Care Redesign Fund
15 Monies received by the state as a result of premiums paid for coverage
16 through the program shall be credited to the Health Care Redesign Fund deposited
17 into the state general fund.
18 Section 12. R.S. 47:1061(A)(4) and (B) and 9029(B) are hereby amended and
19reenacted to read as follows:
20 §1061. Telecommunication tax for the deaf
21 A.
22 * * *
23 (4) The revenues so collected shall be remitted by the secretary immediately
24 upon receipt to the treasurer and the treasurer shall credit the full amount of such
25 taxes to the Bond Security and Redemption Fund and then deposit the amount into
26 the state general fund. After a sufficient amount is allocated from that fund to pay
27 all obligations secured by the full faith and credit of the state which become due and
28 payable within any fiscal year, the treasurer shall pay the remainder of such funds
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1 into a special fund which is hereby created within the state treasury and designated
2 as the "Telecommunications for the Deaf Fund".
3 B. The monies in the Telecommunications for the Deaf Fund shall be used
4 solely to establish, administer, and promote a statewide program to provide
5 accessibility services and assistive technology for persons who are deaf, deaf/blind,
6 hard of hearing, speech impaired, or others with similar disabilities or impairments,
7 in the amounts appropriated each year by the legislature to the Louisiana
8 Commission for the Deaf. Any surplus monies remaining to the credit of the fund
9 on June thirtieth of each year and any funds earned through the investment of the
10 monies in the fund shall remain to the credit of the fund.
11 * * *
12 §9029. Deposit of revenues; expenditures and investments authorized; transfer of
13 revenues to state treasury; dedication and use of proceeds; corporation
14 operating account; audit of corporation books and records; audits
15 * * *
16 B.(1) A Louisiana Lottery Proceeds Fund is hereby established in the state
17 treasury. Net lottery proceeds shall be credited to this fund as provided in
18 Subsection A of this Section. Monies credited to the Louisiana Lottery Proceeds
19 Fund shall be invested by the state in accordance with state investment practices and
20 all earnings from such investments shall accrue to this account. Except as provided
21 in Paragraph (2) of this Subsection, no No monies shall be allotted or expended from
22 this account unless pursuant to an appropriation by the legislature in accordance with
23 law.
24 (2) The state treasurer is authorized and directed to transfer annually an
25 amount equaling five hundred thousand dollars from the Lottery Proceeds Fund to
26 the Compulsive and Problem Gaming Fund established by R.S. 28:842.
27 * * *
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1 Section 13. R.S. 51:1927.1, 2211 (A), 2332(3), 2341(F), 2361, 2362(A)(introductory
2paragraph), 2363, 2365, 2365.1(B) through (D), and 2366 are hereby amended and reenacted
3to read as follows:
4 §1927.1. Annual audit; annual rate of return; appreciation excess; remittance to
5 Louisiana Economic Development Fund
6 A. Following a decertification of a pool that was certified on or after January
7 1, 1999, and for which insurance premium tax credits were granted, an independent
8 certified public accountant shall perform a review of all distributions other than tax
9 distributions and management fees from such pool to the equity holders of the pool
10 to determine if such distributions produce an annual internal rate of return to the
11 equity holders of the pool of at least fifteen percent calculated on the original amount
12 of certified capital contributed to such pool as well as any additional capital
13 contributed to such pool. Within thirty days following the issuance of the
14 accountant's report, the certified capital company shall remit to the Louisiana
15 Economic Development Fund state general fund twenty-five percent of all
16 distributions in excess of the amount required to produce an annual internal rate of
17 return of fifteen percent until the Louisiana Economic Development Fund state
18 general fund shall have received an amount equal to the amount of tax credits
19 granted for the pool. Thereafter, the certified capital company shall remit to the
20 Louisiana Economic Development Fund state general fund five percent of such
21 excess distributions.
22 B. Following a decertification of a pool that was certified on or after January
23 1, 2002, and for which income tax credits or insurance premium tax credits were
24 granted, an independent certified public accountant shall annually perform a review
25 of all distributions, other than tax distributions and management fees, from such pool
26 to the equity holders of the pool to determine if such distributions produce a rate of
27 return to the equity holders of the pool of at least ten percent calculated on the
28 original amount of certified capital contributed to such pool as well as any additional
29 capital contributed to such pool. Within thirty days following the issuance of the
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1 accountant's annual report, the certified capital company shall remit twenty-five
2 percent of all distributions in excess of the amount required to produce a rate of
3 return of ten percent to the Louisiana Economic Development Fund state general
4 fund.
5 C. The calculation of internal rate of return shall include all cash
6 distributions to equity investors out of the certified capital company's investment
7 pool, except for tax distributions and management fees. Management fees shall not
8 exceed two and one-half percent per annum of the total certified capital of the pool
9 without the prior approval of the secretary. Notwithstanding any other provisions
10 in this Chapter to the contrary, for all certified capital pools formed after December
11 31, 2001, if a certified Louisiana capital company does not place (1) forty percent of
12 the investment pool in qualified investments within three years after the investment
13 date, (2) sixty percent of the investment pool in qualified investments within five
14 years of the investment date, and (3) upon the certified Louisiana capital company's
15 option either (a) one hundred percent of the investment pool in qualified investments
16 within seven years of the investment date or (b) one hundred and ten percent of the
17 investment pool in qualified investments within eight years of the investment date,
18 then following a decertification pursuant to R.S. 51:1928(B)(3), such company shall
19 remit to the Louisiana Economic Development Fund state general fund twenty-five
20 percent of all distributions, other than tax distributions and management fees, until
21 the Louisiana Economic Development Fund state general fund shall have received
22 one hundred percent of the tax credits granted for such pool and thereafter the
23 company shall remit ten percent of all distributions, other than tax distributions and
24 management fees to the Louisiana Economic Development Fund state general fund.
25 If a certified Louisiana capital company has not decertified an investment pool
26 formed after December 31, 2001, pursuant to R.S. 51:1928(B)(3) within ten years
27 from the investment date, such company shall remit to the Louisiana Economic
28 Development Fund state general fund fifty percent of all distributions until the
29 Louisiana Economic Development Fund state general fund shall have received one
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1 hundred percent of the tax credits granted for such pool, and thereafter the company
2 shall remit twenty percent of all distributions to the Louisiana Economic
3 Development Fund state general fund.
4 D. Notwithstanding any other provision of this Chapter to the contrary and
5 considering the adverse impact of Hurricanes Katrina and Rita, all investment
6 deadlines required by this Section which would have fallen between August 25,
7 2005, and December 30, 2005, shall be extended to March 31, 2006.
8 * * *
9 §2211. Purpose and goals
10 A. The provisions of this Chapter establish the MediFund as a special fund
11 within the state treasury shall be to support advancement of biosciences, biomedical,
12 and medical centers of excellence in Louisiana. The MediFund governing board
13 shall endeavor to achieve this purpose by coordinating and deploying public and
14 private resources to strategically develop and enhance this state's competitiveness in
15 biosciences, biomedical, and medical centers of excellence.
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 the
23 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 §2365.1. Major Events Incentive Program and the Major Events Incentive Program
14 Subfund
15 * * *
16 B.(1) There is hereby established in the state treasury a special subfund in
17 the Mega-Project Development Fund to be known as the "Major Events Incentive
18 Program Subfund", hereafter in this Section, the "subfund".
19 (2) Beginning with the 2015-2016 Fiscal Year and for each fiscal year
20 thereafter, and after allocation of money to the Bond Security and Redemption Fund
21 as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the
22 treasurer shall transfer in and credit to the subfund an amount equal to the sum of the
23 incremental increase in state tax receipts generated by the occurrence of all qualified
24 events.
25 (3) Monies in the subfund shall be invested in the same manner as monies
26 in the Louisiana Mega-Project Development Fund and any interest earned on the
27 investment of monies in the subfund shall be credited to the subfund. All
28 unexpended and unencumbered monies in the subfund at the end of the fiscal year
29 shall remain in the subfund.
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1 (4) Subject to legislative appropriation and the approval of the Joint
2 Legislative Committee on the Budget, the treasurer shall disburse monies as provided
3 in R.S. 51:2365 to each eligible entity at times and in amounts as determined by the
4 secretary and approved by the Joint Legislative Committee on the Budget.
5 C.(1) B.(1) Subject to legislative appropriation and the approval of the Joint
6 Legislative Committee on the Budget, the secretary of the Department of Economic
7 Development is hereby authorized to enter into a contract with a local organizing
8 committee, endorsing parish, or endorsing municipality to recruit, solicit, or acquire
9 for Louisiana any qualified event that will have a significant positive impact on
10 economic development in the state. The contract shall provide for a financial
11 commitment to the local organizing committee, endorsing parish, or endorsing
12 municipality which shall be subject to legislative appropriation.
13 (2) The amount of the incremental increase in certain state tax receipts
14 generated within the designated area by the occurrence of the qualified event during
15 a specified period shall be determined by the secretary. The secretary shall notify the
16 Joint Legislative Committee on the Budget and the treasurer of his determination
17 and, upon the direction of the Joint Legislative Committee on the Budget, the
18 treasurer shall transfer the amount of the incremental increase to the subfund. Such
19 state tax receipts shall be limited to excise tax and sales and use taxes, excluding
20 state hotel and motel occupancy taxes. The amount of the incremental increase shall
21 not include local tax receipts.
22 D. C. An event not included in the definition of qualified event is ineligible
23 for funding under R.S. 51:2365. A qualified event may receive funding under R.S.
24 51:2365 only if all of the following conditions are met:
25 (1) After considering through a highly competitive selection process one or
26 more sites that are not located in this state, a site selection organization selects a site
27 located in this state for an event to be held once, or for an event scheduled to be held
28 annually for a period of years under an event contract.
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1 (2) A site selection organization selects a site in this state as the sole site for
2 the event.
3 (3) The event is held not more frequently than annually.
4 §2366. Accountability requirements; Mega-Project Development Fund
5 A. The secretary of the Department of Economic Development shall develop
6 a uniform accountability report for economic development created by the Louisiana
7 Mega-Project Development Fund Louisiana mega-projects. The secretary shall also
8 develop a formula for measuring the return on investment for each mega-project.
9 B. The Department of Economic Development shall compile and make
10 available a list of the cooperative endeavor agreements, the name of the entity
11 receiving funds, and the amount of the incentive received for all Louisiana Mega-
12 Project Development Fund projects in both written and electronic form.
13 Section 14. Section 4(B) of Act No. 421 of the 2013 Regular Session of the
14Legislature is hereby amended and reenacted to read as follows:
15 * * *
16 Section 4.
17 * * *
18 B.(1) After satisfaction of the requirements of Subsection A of this
19 Section, all remaining monies collected pursuant to this Act shall be paid into
20 the state treasury. After compliance with the requirements of Article VII,
21 Section 9(B) of the Constitution of Louisiana relative to the Bond Security
22 and Redemption Fund and prior to any monies being placed into the state
23 general fund or any other fund, an amount equal to the remaining collections
24 shall be credited by the state treasurer to a special fund hereby created in the
25 state treasury to be known as the 2013 Amnesty Collections Fund, hereinafter
26 referred to as "fund". The monies in the fund shall be available for
27 appropriation for any public purpose. the state general fund.
28 (2) Monies in the fund shall be invested by the state treasurer in the
29 same manner as those in the state general fund and interest earned on such
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HB NO. 44
1 investment shall be credited to the fund after compliance with the
2 requirements of the Bond Security and Redemption Fund. All unexpended
3 and unencumbered monies in the fund at the end of the year shall remain in
4 the fund.
5 * * *
6 Section 15. R.S. 3:4321(C) and (D), and 4411(B) and (C), R.S. 11:544, R.S.
715:147(B)(14), 167, 185.5, and 572.8(N), R.S. 17:354, 421.7, 1874, 3129.6, 3138.2, 3138.3,
83138.4, and Part VI of Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950,
9comprised of R.S. 17:4001, R.S. 22:347(A)(1), (2), and (3), 831(B), and 835(C), (D), and
10(F), R.S. 24:39, R.S. 27:92(C), 392(B)(2) and (4) and (6), and 439, R.S. 28:842, R.S.
1139:97.3, 98.7, Subpart G of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
12Revised Statutes of 1950, comprised of R.S. 39:100.1, Subpart H of Part II of Chapter 1 of
13Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
1439:100.11, Subpart I of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised
15Statutes of 1950, comprised of R.S. 39:100.21, Subpart J of Part II of Chapter 1 of Subtitle
16I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.26,
17Subpart K of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes
18of 1950, comprised of R.S. 39:100.31, Subpart M of Part II of Chapter 1 of Subtitle I of Title
1939 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.41, Subpart N of
20Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,
21comprised of R.S. 39:100.51, Subpart P-1 of Part II of Chapter 1 of Subtitle I of Title 39 of
22the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.81, Subpart Q-1 of Part
23II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised
24of R.S. 39:100.122, Subpart Q-2 of Part II of Chapter 1 of Subtitle I of Title 39 of the
25Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.123, Subpart R of Part II of
26Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of
27R.S. 39:100.126, Subpart R-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana
28Revised Statutes of 1950, comprised of R.S. 39:100.136, Subpart S of Part II of Chapter 1
29of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
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HB NO. 44
139:100.146, and R.S. 39:1357, R.S. 40:16.2, 1402, 1547, and 2845(D)(2) and (3) and (E),
2R.S. 46:2913, R.S. 47:301.1(F), 318, 841(G), 841.1, 841.2, 1520(A)(1)(e), 1602.1, and
36351(G)(3) and (4), R.S. 49:259, and R.S. 51:2212(3), 2213, and 2315, Code of Criminal
4Procedure Article 926.1(K), Section 7 of Act No. 420 of the 2013 Regular Session of the
5Legislature, and Section 3 of Act No. 1065 of the 1997 Regular Session of the Legislature
6are hereby repealed in their entirety.
7 Section 16. The state treasurer is hereby authorized and directed to transfer any
8unencumbered balances remaining in the funds repealed and abolished in Sections 1 through
915 of this Act to the state general fund after satisfying the appropriations for Fiscal Year
102015-2016.
11 Section 17. 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 44 Engrossed 2016 First Extraordinary Session Broadwater
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
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
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HB NO. 44
FMAP Stabilization Fund §7 of Act No. 420 of the 2013 R.S. of
the Legislature
Forest Productivity Fund R.S. 3:4411
Forest Protection Fund R.S. 3:4321(C) through (D)
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 Agricultural Finance Authority Fund R.S. 3:277, and R.S. 27:392(B)(4)
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 Emergency Response Network Fund R.S. 40:2845(A)(6), (D)(2) and (3),
and (E)
Louisiana Fire Marshal Fund R.S. 22:835 and R.S. 40:1582(E)
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)
Louisiana State University Firemen Training
Program Film Library Fund R.S. 40:1547
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)
Pari-Mutuel Live Racing Facility Gaming
Control Fund R.S. 27:392(B)(2), and R.S.
33:9551(E)(3), 9561(E)(3), and
9571(E)(3)
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)
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
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HB NO. 44
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)
Telecommunications for the Deaf Fund R.S. 47:301.1(F) and 1061
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)
Video Draw Poker Device Purse
Supplement Fund R.S. 27:439
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.
NEW OPPORTUNITIES WAIVER FUND (R.S. 39:100.61)
Present law (R.S. 39:100.61) creates the New Opportunities Waiver Fund and provides for
sources of monies in the fund including:
(1) 12% of recurring state general fund, not to exceed $50 million any fiscal year, that
is recognized by the Revenue Estimating Conference in excess of the official forecast
at the beginning of the current fiscal year.
(2)Any donations, gifts, grants, appropriations, or other revenue designated to the fund
and received by the treasurer.
Present law (R.S. 47:120.171) provides that a state taxpayer that files an individual income
tax return may donate an amount of their refund to the New Opportunities Waiver Fund.
Proposed law eliminates the recurring state general fund as a source of revenue into the fund
and changes the other revenue from any donations, gifts, grants, appropriations, or other
revenue to donations received from the refund of a state taxpayer as provided for in present
law.
TWO PERCENT FIRE INSURANCE FUND (R.S. 22:347)
Present law provides for the collection of a 2% tax on the amount of premiums received
from any business that insures property against loss or damage by fire, as well as certain
penalties on such insurers.
Present law creates the Two Percent Fire Insurance Fund (R.S. 22:347) and deposits the
collections related to insurers of property against loss or damage by fire into the fund.
Monies in the fund are dedicated as follows:
(1)The state fire marshal to purchase group insurance for volunteer firefighters.
(2)The Fire and Emergency Training Institute at Louisiana State University at Baton
Rouge, including allocations to the Pine Country Education Center and Delgado
Community College, for firefighter training.
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HB NO. 44
(3)Distributions to each parish governing authority according to a formula provided for
in present law.
Proposed law eliminates the distributions to the state fire marshal and Fire and Emergency
Training Institute at Louisiana State University.
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)Sheriff of municipalities in which video draw poker devices are operated.
(2)An allocation to the Dept. of Public Safety and Correction and the Department 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 Correction and the
Department 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), 277, 4321(B), 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. 22:347(A)(intro. para.), 835(B),
and 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), 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), 100.61(B)(1), 352, and 1590(A)(2)(b) and (c) and (B)(2), R.S.
40:1582(E), 1593, and 2845(A)(6)(b), R.S. 42:262(B), R.S. 46:977.13, R.S. 47:1061(A)(4)
and (B) and 9029(B), R.S. 51:1927.1, 2211(A), 2332(3), and 2341(F), 2361, 2362(A)(intro.
para.), 2363, 2365, 2365.1(B)-(D), and 2366 and §4(B) of Act No. 421 of the 2013 R.S.;
Repeals R.S. 3:4321(C) and (D), and 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.22:347(A)(1),(2), and (3), 831(B), and 835(C), (D), and (F), R.S. 24:39,
R.S. 27:92(C), 392(B)(2), (4), and (6), and 439, 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, 1402, 1547, and 2845(D)(2) and (3) and (E), R.S.
46:2913, R.S. 47:301.1(F), 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.)
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