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 742 Original 2016 Regular Session Jay Morris
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
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)
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
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.
(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.
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)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)
through (D), and 2366 and §4(B) of Act No. 421 of the 2013 Regular Session of the Legislature;
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. of the Legislature)