HLS 16RS-1854 ORIGINAL 2016 Regular Session HOUSE BILL NO. 986 BY REPRESENTATIVE SCHRODER FUNDS/FUNDING: Eliminates certain statutory dedications and eliminates certain dedications of certain funds 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), 392(B)(2) and (C)(7), and 6 437(B)(1)(c) and (2) and (C)(2), (3), and (4), R.S. 33:9551(E)(3), 9561(E)(3), and 7 9571(E)(3), R.S. 39:82(A), 100.61(B)(1), 352, and 1590(A)(2)(b) and (c) and (B)(2), 8 R.S. 40:1582(E), 1593, and 2845(A)(6)(b), R.S. 42:262(B), R.S. 46:977.13, R.S. 9 47:1061(A)(4) and (B) and 9029(B), R.S. 51:1927.1, 2211(A), 2332(3), and 2341(F), 10 2361, 2362(A)(introductory paragraph), 2363, 2365, 2365.1(B) through (D), and 11 2366 and Section 4(B) of Act No. 421 of the 2013 Regular Session of the 12 Legislature, and to enact R.S. 27:392(C)(8), and to repeal R.S. 3:4321(C) and (D), 13 and 4411(B) and (C), R.S. 11:544, R.S. 15:147(B)(14), 167, 185.5, and 572.8(N), 14 R.S. 17:354, 421.7, 1874, 3129.6, 3138.2, 3138.3, 3138.4, and Part VI of Chapter 42 15 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:4001, 16 R.S. 22:347(A)(1),(2), and (3), and 831(B), and 835(C), (D), and (F), R.S. 24:39, 17 R.S. 27:92(C), 392(B)(4), and (6), and 439, R.S. 28:842, R.S. 39:97.3, 98.7, Subpart 18 G of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes 19 of 1950, comprised of R.S. 39:100.1, Subpart H of Part II of Chapter 1 of Subtitle 20 I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.11, Page 1 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 Subpart I of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised 2 Statutes of 1950, comprised of R.S. 39:100.21, Subpart J of Part II of Chapter 1 of 3 Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 4 39:100.26, Subpart K of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana 5 Revised Statutes of 1950, comprised of R.S. 39:100.31, Subpart M of Part II of 6 Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, 7 comprised of R.S. 39:100.41, Subpart N of Part II of Chapter 1 of Subtitle I of Title 8 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.51, Subpart 9 P-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes 10 of 1950, comprised of R.S. 39:100.81, Subpart Q-1 of Part II of Chapter 1 of Subtitle 11 I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 12 39:100.122, Subpart Q-2 of Part II of Chapter 1 of Subtitle I of Title 39 of the 13 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.123, Subpart R of Part 14 II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, 15 comprised of R.S. 39:100.126, Subpart R-1 of Part II of Chapter 1 of Subtitle I of 16 Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.136, 17 Subpart S of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised 18 Statutes of 1950, comprised of R.S. 39:100.146, and R.S. 39:1357, R.S. 40:16.2, 19 1402, 1547, and 2845(D)(2) and (3) and (E), R.S. 46:2913, R.S. 47:301.1(F), 318, 20 841(G), 841.1, 841.2, 1520(A)(1)(e), 1602.1, and 6351(G)(3) and (4), R.S. 49:259, 21 R.S. 51:2212(3), 2213, and 2315, and Code of Criminal Procedure Article 926.1(K), 22 Section 7 of Act No. 420 of the 2013 Regular Session of the Legislature, and Section 23 3 of Act No. 1065 of the 1997 Regular Session of the Legislature, relative to special 24 treasury funds; to provide for the elimination of certain special treasury funds; to 25 eliminate certain dedications into certain special treasury funds; to eliminate certain 26 required expenditures from special treasury funds; to eliminate the Louisiana 27 Agricultural Finance Authority Fund, Forest Protection Fund, Forest Productivity 28 Fund, Louisiana Public Defender Fund, Indigent Parent Representation Program 29 Fund, Innocence Compensation Fund, Academic Improvement Fund, Support Page 2 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 Education in Louisiana First Fund, Workforce Training Rapid Response Fund, 2 Higher Education Initiatives Fund, Louisiana Charter School Start-Up Loan Fund, 3 Louisiana State Police Salary Fund, Louisiana Fire Marshal Fund, Municipal Fire 4 and Police Civil Service Fund, Legislative Capitol Technology Enhancement Fund, 5 Riverboat Gaming Enforcement Fund, Equine Health Studies Program Fund, 6 Southern University AgCenter Program Fund, Video Draw Poker Device Purse 7 Supplement Fund, Compulsive and Problem Gaming Fund, Tobacco Settlement 8 Enforcement Fund, Payments Towards the UAL Fund, Sports Facility Assistance 9 Fund, Overcollections Fund, FEMA Reimbursement Fund, State Emergency 10 Response Fund, Louisiana Interoperability Communications Fund, Health Care 11 Redesign Fund, Community Water Enrichment Fund, Louisiana State University 12 Firemen Training Program Film Library Fund, Marketing Fund, Tobacco Tax Health 13 Care Fund, Department of Justice Legal Support Fund, Rapid Response Fund, 14 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, the Page 3 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 Pari-mutuel Live Racing Facility Gaming Control Fund, and the Video Draw Poker 2 Device Fund; to authorize the transfer of balances between funds; to provide for 3 deposit of monies into the state general fund; and to provide for related 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 Page 4 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 Page 5 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 8 follows: 9 §5073. Certifications; directory; tax stamps 10 A.(1) Every tobacco product manufacturer whose cigarettes are sold in this 11 state, whether directly or through a distributor, retailer, or similar intermediary or 12 intermediaries, shall execute and deliver on a form prescribed by the attorney general 13 a certification to the secretary and attorney general, no later than the thirtieth day of 14 April each year, certifying under penalty of perjury that, as of the date of such 15 certification, such tobacco product manufacturer either: is a participating 16 manufacturer; or is in full compliance with R.S. 13:5061 et seq., including all 17 installment payments required by R.S. 13:5075(J). For the initial certification 18 submitted no later than the thirtieth of April each year, a manufacturer shall pay to 19 the attorney general a fee of five hundred dollars. The fees generated pursuant to this 20 Section shall be deposited in the Tobacco Settlement Enforcement Fund state general 21 fund and used solely and exclusively for purposes of enforcement of the Master 22 Settlement Agreement, pursuant to R.S. 39:98.7. 23 * * * 24 Section 3. R.S. 17:407.27(B)(3), 3046.3(C), 4019(C), and 5068(D)(3) are hereby 25amended and reenacted to read as follows: 26 §407.27. The Cecil J. Picard LA 4 Early Childhood Program; early childhood 27 development and enrichment activity classes; financial assistance 28 * * * Page 6 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 B. 2 * * * 3 (3) As provided in this Subsection, when a participating school district 4 receives privately funded scholarship funds pursuant to this Subsection, the annual 5 appropriation of state funds for the Cecil J. Picard LA 4 Early Childhood Program 6 shall be reduced by the amount of the private scholarship program funds so received. 7 The commissioner of administration shall determine and specify the amount of the 8 reduction from the source of the funds to provide the maximum benefit to the state 9 from the privately funded scholarship program. The state treasurer shall deposit the 10 amount of the reduction as specified by the commissioner of administration into the 11 Overcollections Fund created in R. S. 39:100.21 and credit the deposit to an account 12 within the fund hereby established and created to be known as the "Program 13 Participation Savings Account" state general fund. 14 * * * 15 §3046.3 Private Scholarships 16 * * * 17 C. As provided in this Section, when an eligible college or university 18 receives privately funded scholarship funds on behalf of a student, the state funds for 19 the Louisiana GO Grant program shall be reduced by the amount of the private 20 scholarship program funds so received. The commissioner of administration shall 21 determine and specify the amount of the reduction from the source of the funds to 22 provide the maximum benefit to the state from the privately funded scholarship 23 program. The state treasurer shall deposit the amount of the reduction as specified 24 by the commissioner of administration into the Overcollections Fund created in R. 25 S. 39:100.21 and credit the deposit to an account within the fund hereby established 26 and created to be known as the "Program Participation Savings Account" state 27 general fund. 28 * * * Page 7 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 §4019. Private scholarships 2 * * * 3 C. As provided in this Section, when a participating school receives privately 4 funded scholarship funds on behalf of a student pursuant to this Section, the annual 5 appropriation of state funds for the program shall be reduced by the amount of such 6 private scholarship program funds so received. The commissioner of administration 7 shall determine and specify the amount of the reduction from the source of the funds 8 to provide the maximum benefit to the state from the privately funded scholarship 9 program. The state treasurer shall deposit the amount of such reduction as specified 10 by the commissioner of administration into the Overcollections Fund created in R.S. 11 39:100.21 and credit such deposit to an account within the fund hereby established 12 and created to be known as the "Program Participation Savings Account" state 13 general fund. 14 * * * 15 §5068. Miscellaneous 16 * * * 17 D. 18 * * * 19 (3) As provided in this Subsection, if an eligible college or university 20 receives privately funded scholarship funds on behalf of a student, the state funds for 21 the Taylor Opportunity Program for Students shall be reduced by the amount of the 22 private scholarship program funds so received. A reduction shall not affect the 23 estimated nature of the Taylor Opportunity Program for Students appropriation as 24 provided in the Act or Acts that contain such appropriations. The commissioner of 25 administration shall determine and specify the amount of the reduction from the 26 source of the funds to provide the maximum benefit to the state from the privately 27 funded scholarship program. The state treasurer shall deposit the amount of such 28 reduction as specified by the commissioner of administration into the 29 Overcollections Fund created in R.S. 39:100.21 and credit the deposit to an account Page 8 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 Page 9 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 14 follows: 15 §1514. Worker training fund; purpose; training programs; eligibility criteria; 16 program administration 17 * * * 18 D. 19 * * * 20 (5) The administrator may annually set aside an amount up to ten percent of 21 the amount appropriated to the fund by the state legislature for preemployment 22 training in any year in which the legislature appropriates funds for training equal to 23 or exceeding those funds appropriated in the previous year to the Rapid Response 24 Fund created by R.S. 51:2361 or to the Louisiana Economic Development Fund 25 created by R.S. 51:2315. All preemployment training shall require an employer 26 matching contribution of not more than fifty percent, and job placement outcomes 27 at wage rates commensurate with training, as determined by the administrator 28 pursuant to duly promulgated rules and regulations. 29 * * * Page 10 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 Section 6. R.S. 27:27.1(F), 92(B)(2), 249(A), 270(A)(2) and (3)(a), 392(B)(2) and 2(C)(7), and 437(B)(1)(c) and (2) and (C)(2), (3), and (4) are hereby amended and reenacted 3and R.S. 27:392(C)(8) is hereby enacted to read as follows: 4 §27.1. Uniform compulsive and problem gambling program 5 * * * 6 F. In any proceeding brought against any licensee, permittee or casino 7 gaming operator and any employee thereof for a willful violation of the self- 8 exclusion rules of the board, the board may order the forfeiture of any money or 9 thing of value obtained by the licensee or the casino gaming operator from any self- 10 excluded person. Any money or thing of value so forfeited shall be deposited into 11 the Compulsive and Problem Gaming Fund established pursuant to R.S. 28:842 state 12 general fund. 13 * * * 14 §92. Collection and disposition of fees 15 * * * 16 B. 17 * * * 18 (2) After complying with the provisions of Paragraph (1) of this Subsection, 19 the state treasurer shall, each fiscal year, credit the following amounts to the 20 following funds: 21 (a)(i) One percent, not to exceed five hundred thousand dollars, to the 22 Compulsive and Problem Gaming Fund established by R.S. 28:842. 23 (ii) The amounts of winnings withheld and remitted in accordance with R.S. 24 27:85(B)(2), which shall be deposited into the Compulsive and Problem Gaming 25 Fund provided for in R.S. 28:842 state general fund. 26 (b)(i) Except as provided in Item (ii) of this Subparagraph, the The franchise 27 fee paid pursuant to R.S. 27:91(C)(1) to the state general fund. 28 (ii) Nine percent of the franchise fee paid pursuant to R.S. 27:91(C)(1) which 29 is attributable to any riverboat gaming licensee which pays additional franchise fees Page 11 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 Page 12 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 19 Casino 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. Page 13 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 §392. Collection and disposition of fees and taxes 11 * * * 12 B. 13 * * * 14 (2)(a) After complying with the provisions of Paragraph (1) of this 15 Subsection, the state treasurer shall, each fiscal year, credit one percent from the 16 combined net slot machine proceeds collected by the state from each licensed 17 facility, not to exceed five hundred thousand dollars, to the Compulsive and Problem 18 Gaming Fund established by R.S. 28:842. After crediting such proceeds to the 19 Compulsive and Problem Gaming Fund, the state treasurer shall, each fiscal year, 20 credit the remainder of all taxes generated pursuant to R.S. 27:393 and all fines and 21 other monies collected by the division to a special fund which is hereby created in 22 the state treasury and entitled the "Pari-mutuel Live Racing Facility Gaming Control 23 Fund", hereinafter referred to as the "Gaming Control Fund". 24 (b) Monies in the Gaming Control Fund shall be withdrawn only pursuant 25 to appropriation by the legislature and shall be used solely for the expenses of the 26 board, the Department of Justice, the division, and the Louisiana Racing Commission 27 which are necessary to carry out the provisions of this Chapter. Monies in the fund 28 remaining after appropriation for expenses of the board, the Department of Justice, Page 14 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 the division, and the Louisiana Racing Commission shall be credited as hereinafter 2 provided in this Subsection. 3 (c) (b) Monies in the Gaming Control Fund shall be invested by the state 4 treasurer in the same manner as monies in the state general fund. Interest earned on 5 investment of monies in the Gaming Control Fund shall be credited to the state 6 general fund. Unexpended and unencumbered monies in the Gaming Control Fund 7 at the end of each fiscal year shall be deposited in the state general fund. 8 * * * 9 C. 10 * * * 11 (7) After making the deposits as required by Paragraphs (1) through (6) of 12 this Subsection, the state treasurer shall deposit in and credit an amount not to exceed 13 three million one hundred thousand dollars annually, shall be deposited and credited 14 to the New Orleans Sports Franchise Assistance Fund which is hereby created in the 15 state treasury and which for purposes of this Paragraph shall be known as the 16 "assistance fund". Monies in the assistance fund shall be appropriated and 17 distributed each fiscal year to the Louisiana Stadium and Exposition District for use 18 only to fund contractual obligations of the state to any National Football League or 19 National Basketball Association franchise located in Orleans Parish. Monies in the 20 assistance fund shall be invested in the same manner as monies in the state general 21 fund. Interest earned on the investment of monies in the assistance fund shall be 22 credited to the assistance fund. Unexpended and unencumbered monies in the 23 assistance fund at the end of the fiscal year shall remain in the assistance fund. 24 (8) After compliance with the provisions of Paragraph (1) through (7) of this 25 Subsection, remaining monies shall be deposited in and credited to the state general 26 fund. 27 * * * 28 §437. Video Draw Poker Device Fund; distribution and expenditure 29 * * * Page 15 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 B.(1) 2 * * * 3 (c) Thereafter, the state treasurer shall, each fiscal year, credit to a special 4 fund, which is hereby created in the state treasury and entitled the Video Draw Poker 5 Device Fund, an amount equal to all revenues received by the division pursuant to 6 the provisions of this Chapter, except those funds specified by the provisions of R.S. 7 27:435(D)(4), which shall be deposited as provided by R.S. 27:439 and those funds 8 withheld pursuant to R.S. 27:443(A)(2) which shall be remitted for deposit to the 9 Compulsive and Problem Gaming Fund provided for in R.S. 28:842. 10 (2) After complying with the provisions of Paragraph (1) of this Subsection, 11 the state treasurer shall, each fiscal year, credit the following amounts to the 12 following special funds: 13 (a) One percent, not to exceed five hundred thousand dollars, to the 14 Compulsive and Problem Gaming Fund established by R.S. 28:842. 15 (b) To to a special fund, which is hereby created in the state treasury and 16 entitled the Video Draw Poker Device Fund, an amount equal to all revenues 17 received by the division pursuant to the provisions of this Section, less any monies 18 credited to another fund pursuant to the provisions of Subparagraph (a) of this 19 Paragraph. 20 C. 21 * * * 22 (2) An amount shall be allocated to the Department of Public Safety and 23 Corrections and to the Department of Justice, pursuant to legislative appropriation, 24 for regulatory, administrative, investigative, enforcement, legal, and such other 25 expenses as may be necessary to carry out the provisions of this Chapter and for 26 activities associated with enforcement of laws and regulations governing video draw 27 poker devices. 28 (3) (2) Any monies in the fund not required to meet the purposes provided for 29 in Paragraphs (1) and (2) Paragraph (1) shall be credited to and deposited in the state Page 16 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 general fund as they become available. Any unexpended or unencumbered monies 2 remaining in the Video Draw Poker Device Fund at the end of the fiscal year shall 3 revert to the state general fund. 4 (4) (3) An amount equal to all franchise payments exempted pursuant to R.S. 5 27:321 shall be considered to be part of the Video Draw Poker Device Fund for 6 purposes of calculating the distribution of the fund pursuant to Paragraphs (1) and 7 (2) Paragraph (1). 8 Section 7. R.S. 33:9551(E)(3), 9561(E)(3), and 9571(E)(3) are hereby amended and 9reenacted to read as follows: 10 §9551. St. Landry 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 St. Landry Parish Excellence Fund 25 created by R.S. 27:392(B)(3)(b). 26 * * * 27 §9561. Bossier Parish Pari-Mutuel Live Racing Economic Redevelopment and 28 Gaming Control Assistance District 29 * * * Page 17 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 (a) 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 (b) 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 such 11 amount into the state general fund; however, five percent of the total proceeds 12 transferred to the state shall be deposited in the Bossier Educational Excellence 13 Fund. 14 * * * 15 §9571. Calcasieu Parish Pari-mutuel Live Racing Economic Redevelopment and 16 Gaming Control Assistance District 17 * * * 18 E. Tax. 19 * * * 20 (3) The district is specifically authorized to transfer to the state such amounts 21 as are necessary to address the policies established by this Chapter and Chapter 7 of 22 Title 27 of the Louisiana Revised Statutes of 1950. Specifically: the The district 23 shall transfer one-fourth of the net proceeds of such tax to the state, and the state 24 treasurer is directed to deposit any such amount received in the Pari-mutuel Live 25 Racing Facility Gaming Control Fund to be administered and expended as provided 26 in R.S. 27:392(B)(1) and (2); and the district shall transfer three-fourths of the net 27 proceeds of such tax to the state, and the state treasurer is directed to deposit any 28 such amount into the state general fund. However, five percent of the total proceeds Page 18 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 transferred to the state shall be deposited in the Calcasieu Parish Excellence Fund 2 created by R.S. 27:392(B)(3)(c). 3 * * * 4 Section 8. R.S. 39:82(A), 100.61(B)(1), 352, and 1590(A)(2)(b) and (c) and (B)(2) 5are hereby amended and reenacted to read as follows: 6 §82. Remission of cash balances to the state treasurer; authorized withdrawals of 7 state monies after the close of the fiscal year 8 A. All cash balances occurring from appropriations made by legislative act 9 or by the Interim Emergency Board regardless of date of passage to any state agency 10 for which no bona fide liability exists on the last day of each fiscal year shall be 11 remitted to the state treasurer by the fifteenth day following the last day of the fiscal 12 year. Any appropriations including those made by the Interim Emergency Board of 13 the preceding fiscal year remaining at the end of the fiscal year against which bona 14 fide liabilities existed as of the last day of the fiscal year may be withdrawn from the 15 state treasury during the forty-five day period after the last day of the fiscal year only 16 as such liabilities come due for payment. Prior to placing monies associated with 17 such unexpended appropriations into the state general fund, the state treasurer shall 18 transfer all cash balances identified and reported by the commissioner of 19 administration as being from unexpended and unencumbered state general fund 20 (direct) and Overcollections Fund appropriations for professional, personal, and 21 consulting service contracts not approved by the Joint Legislative Committee on the 22 Budget as provided in R.S. 39:1590 and remaining at the end of each fiscal year for 23 deposit in and credit to the Higher Education Financing Fund as are necessary to 24 satisfy the requirements of R.S. 39:100.146, and then shall make deposits to the 25 Payments Towards the UAL Fund as are necessary to satisfy the requirements of 26 R.S. 39:100.11 state general fund. 27 * * * 28 §100.61. New Opportunities Waiver Fund 29 * * * Page 19 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 B.(1) The source of monies in the fund shall be as follows: 2 (a) In any fiscal year, the state treasurer is directed to deposit twelve percent 3 of all recurring state general fund revenue, not to exceed fifty million dollars in any 4 fiscal year, as recognized by the Revenue Estimating Conference in excess of the 5 Official Forecast at the beginning of the current fiscal year into the New 6 Opportunities Waiver Fund, and monies in the fund from this Subparagraph shall be 7 used for appropriation in the ensuing fiscal year. 8 (b) Monies designated for the fund and monies received by the state treasurer 9 from donations, gifts, grants, appropriations, or other revenue pursuant to the 10 provisions of R.S. 47:120.171. 11 * * * 12 §352. Cancellation of unexpended portions of appropriations; exceptions 13 Whenever any specific appropriation is made to meet any item of expenditure 14 which occurs annually by provision of law or for contingent expense, and any 15 portion of it remains unexpended at the end of the year for which the specific 16 appropriation was made, after all legal claims against it for the year have been paid, 17 the commissioner of administration shall cancel any balance of the appropriation, 18 and each succeeding year he shall open a new account for the appropriation which 19 may be made for that particular year, without carrying forward any unexpended 20 balance of appropriation made for any previous year. This provision shall not apply 21 to appropriations made to pay the debt of the state, principal and interest. Prior to 22 placing monies associated with such unexpended appropriations into the state general 23 fund, the state treasurer shall transfer all cash balances identified and reported by the 24 commissioner of administration as being from unexpended and unencumbered state 25 general fund (direct) and Overcollections Fund appropriations for professional, 26 personal, and consulting service contracts not approved by the Joint Legislative 27 Committee on the Budget as provided in R.S. 39:1590 remaining at the end of each 28 fiscal year for deposit in and credit to the Higher Education Financing Fund as is 29 necessary to satisfy the requirements of R.S. 39:100.146 and then shall make Page 20 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 deposits to the Payments Towards the UAL Fund as are necessary to satisfy the 2 requirements of R.S. 39:100.11 state general fund. 3 * * * 4 §1590. Approval of certain professional, personal, and consulting services contracts 5 for Fiscal Year 2015-2016 through Fiscal Year 2017-2018 6 A. 7 * * * 8 (2) If within thirty days of receipt of the contract, the contract is placed on 9 the agenda for review, the Joint Legislative Committee on the Budget may take the 10 following action: 11 * * * 12 (b) Reject the contract and notify the commissioner of administration that 13 such funds otherwise proposed for this purpose shall be deposited into the Higher 14 Education Financing Fund as provided in R.S. 39:100.146 state general fund. 15 (c) Recommend revisions to the contract. If the Joint Legislative Committee 16 on the Budget recommends revisions to the contract, the contract shall not become 17 effective until it is revised, resubmitted to the Joint Legislative Committee on the 18 Budget, and acted upon again by the committee. If the commissioner of 19 administration, in consultation with the state chief procurement officer, does not 20 resubmit the contract to the Joint Legislative Committee on the Budget within thirty 21 days after the committee recommends revisions to the contract, the contract shall be 22 deemed to be rejected and funds otherwise proposed for this purpose shall be 23 deposited into the Higher Education Financing Fund as provided in R.S. 39:100.146 24 state general fund. 25 B.(1) 26 * * * 27 (2) Following each determination required pursuant to the provisions of this 28 Subsection, the commissioner of administration shall report to the state treasurer the 29 amount of state general fund (direct) and Overcollections Fund monies appropriated Page 21 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 for professional, personal, and consulting service contracts that are expected to 2 remain unexpended and unencumbered at the end of the fiscal year as a result of 3 implementation of this Section. These monies shall be available for deposit in and 4 credit to the Higher Education Financing Fund as provided for in R.S. 39:100.146 5 state general fund. 6 * * * 7 Section 9. R.S. 40:1582(E), 1593, and 2845(A)(6)(b) are hereby amended and 8reenacted to read as follows: 9 §1582. Emergency elevator access; master key; substitute emergency measures; 10 enforcement; penalty; rulemaking authority 11 * * * 12 E. The office of state fire marshal shall enforce this Section. Any person 13 who fails to comply with the requirements of this Section is subject to an 14 administrative fine of not more than one thousand dollars, in addition to any other 15 penalty provided by law. All administrative fines shall be deposited into the 16 Louisiana Fire Marshal Fund state general fund. 17 * * * 18 §1593. Volunteer firefighters; medical and life insurance 19 The state fire marshal is authorized to negotiate for and to purchase out of 20 funds available for such purpose in the Two Percent Fire Insurance Fund provided 21 for in R.S. 22:347(A) a group insurance policy to provide medical benefits, death 22 benefits, and burial benefits for volunteer firefighters of the state suffering injury or 23 death while engaged in the scope of their duties as volunteer firefighters. Such 24 policy shall cover all bona fide volunteers starting the day upon which their 25 membership begins without any prior certification to the state fire marshal's office 26 or to the insurer. The state fire marshal shall deliver to each volunteer unit a printed 27 notice concerning the policy requirements as to written notice of claim and written Page 22 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 proof of loss including the period in which such must be filed. The volunteer unit 2 shall post such notice in a conspicuous place at its facilities. 3 * * * 4 §2845. Board; functions, powers, and duties 5 A. The board shall: 6 * * * 7 (6) Establish and maintain a statewide trauma registry to collect and analyze 8 data on the incidence, severity, and causes of trauma, including traumatic brain 9 injury. The registry shall be used to improve the availability and delivery of pre- 10 hospital or out-of-hospital care and hospital trauma care services. 11 * * * 12 (b) Required reporting to the state trauma registry is contingent on LERN 13 providing adequate financial support through the Louisiana Emergency Response 14 Network Fund to cover administrative costs. 15 * * * 16 Section 10. R.S. 42:262(B) is hereby amended and reenacted to read as follows: 17 §262. Special attorney or counsel 18 * * * 19 B. Any recovery or award of attorney fees, including settlement, in litigation 20 involving the attorney general or any state agency, board, or commission, not 21 including any public postsecondary education institution, belongs to the state and 22 shall be deposited into the state treasury into the Department of Justice Legal 23 Support Fund in accordance with R.S. 49:259 state general fund. No payment of 24 attorney fees shall be made out of state funds in the absence of express statutory 25 authority, including R.S. 17:100.10, R.S. 23:1669, R.S. 37:2153, R.S. 41:724 and 26 922, R.S. 42:1157.3, R.S. 46:15, R.S. 47:1512, 1515.3, 1516, 1516.1, and 1676, 27 except such payment of attorney fees as may be approved by the Joint Legislative 28 Committee on the Budget during the interim between legislative sessions. 29 * * * Page 23 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 Section 11. R.S. 46:977.13 is hereby amended and reenacted to read as follows: 2 §977.13. Louisiana Children and Youth Health Insurance Program premium 3 monies; Health Care Redesign Fund 4 Monies received by the state as a result of premiums paid for coverage 5 through the program shall be credited to the Health Care Redesign Fund deposited 6 into the state general fund. 7 Section 12. R.S. 47:1061(A)(4) and (B) and 9029(B) are hereby amended and 8reenacted to read as follows: 9 §1061. Telecommunication tax for the deaf 10 A. 11 * * * 12 (4) The revenues so collected shall be remitted by the secretary immediately 13 upon receipt to the treasurer and the treasurer shall credit the full amount of such 14 taxes to the Bond Security and Redemption Fund and then deposit the amount into 15 the state general fund. After a sufficient amount is allocated from that fund to pay 16 all obligations secured by the full faith and credit of the state which become due and 17 payable within any fiscal year, the treasurer shall pay the remainder of such funds 18 into a special fund which is hereby created within the state treasury and designated 19 as the "Telecommunications for the Deaf Fund". 20 B. The monies in the Telecommunications for the Deaf Fund shall be used 21 solely to establish, administer, and promote a statewide program to provide 22 accessibility services and assistive technology for persons who are deaf, deaf/blind, 23 hard of hearing, speech impaired, or others with similar disabilities or impairments, 24 in the amounts appropriated each year by the legislature to the Louisiana 25 Commission for the Deaf. Any surplus monies remaining to the credit of the fund 26 on June thirtieth of each year and any funds earned through the investment of the 27 monies in the fund shall remain to the credit of the fund. 28 * * * Page 24 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 §9029. Deposit of revenues; expenditures and investments authorized; transfer of 2 revenues to state treasury; dedication and use of proceeds; corporation 3 operating account; audit of corporation books and records; audits 4 * * * 5 B.(1) A Louisiana Lottery Proceeds Fund is hereby established in the state 6 treasury. Net lottery proceeds shall be credited to this fund as provided in 7 Subsection A of this Section. Monies credited to the Louisiana Lottery Proceeds 8 Fund shall be invested by the state in accordance with state investment practices and 9 all earnings from such investments shall accrue to this account. Except as provided 10 in Paragraph (2) of this Subsection, no No monies shall be allotted or expended from 11 this account unless pursuant to an appropriation by the legislature in accordance with 12 law. 13 (2) The state treasurer is authorized and directed to transfer annually an 14 amount equaling five hundred thousand dollars from the Lottery Proceeds Fund to 15 the Compulsive and Problem Gaming Fund established by R.S. 28:842. 16 * * * 17 Section 13. R.S. 51:1927.1, 2211 (A), 2332(3), 2341(F), 2361, 2362(A)(introductory 18paragraph), 2363, 2365, 2365.1(B) through (D), and 2366 are hereby amended and reenacted 19to read as follows: 20 §1927.1. Annual audit; annual rate of return; appreciation excess; remittance to 21 Louisiana Economic Development Fund 22 A. Following a decertification of a pool that was certified on or after January 23 1, 1999, and for which insurance premium tax credits were granted, an independent 24 certified public accountant shall perform a review of all distributions other than tax 25 distributions and management fees from such pool to the equity holders of the pool 26 to determine if such distributions produce an annual internal rate of return to the 27 equity holders of the pool of at least fifteen percent calculated on the original amount 28 of certified capital contributed to such pool as well as any additional capital 29 contributed to such pool. Within thirty days following the issuance of the Page 25 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 accountant's report, the certified capital company shall remit to the Louisiana 2 Economic Development Fund state general fund twenty-five percent of all 3 distributions in excess of the amount required to produce an annual internal rate of 4 return of fifteen percent until the Louisiana Economic Development Fund state 5 general fund shall have received an amount equal to the amount of tax credits 6 granted for the pool. Thereafter, the certified capital company shall remit to the 7 Louisiana Economic Development Fund state general fund five percent of such 8 excess distributions. 9 B. Following a decertification of a pool that was certified on or after January 10 1, 2002, and for which income tax credits or insurance premium tax credits were 11 granted, an independent certified public accountant shall annually perform a review 12 of all distributions, other than tax distributions and management fees, from such pool 13 to the equity holders of the pool to determine if such distributions produce a rate of 14 return to the equity holders of the pool of at least ten percent calculated on the 15 original amount of certified capital contributed to such pool as well as any additional 16 capital contributed to such pool. Within thirty days following the issuance of the 17 accountant's annual report, the certified capital company shall remit twenty-five 18 percent of all distributions in excess of the amount required to produce a rate of 19 return of ten percent to the Louisiana Economic Development Fund state general 20 fund. 21 C. The calculation of internal rate of return shall include all cash 22 distributions to equity investors out of the certified capital company's investment 23 pool, except for tax distributions and management fees. Management fees shall not 24 exceed two and one-half percent per annum of the total certified capital of the pool 25 without the prior approval of the secretary. Notwithstanding any other provisions 26 in this Chapter to the contrary, for all certified capital pools formed after December 27 31, 2001, if a certified Louisiana capital company does not place (1) forty percent of 28 the investment pool in qualified investments within three years after the investment 29 date, (2) sixty percent of the investment pool in qualified investments within five Page 26 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 years of the investment date, and (3) upon the certified Louisiana capital company's 2 option either (a) one hundred percent of the investment pool in qualified investments 3 within seven years of the investment date or (b) one hundred and ten percent of the 4 investment pool in qualified investments within eight years of the investment date, 5 then following a decertification pursuant to R.S. 51:1928(B)(3), such company shall 6 remit to the Louisiana Economic Development Fund state general fund twenty-five 7 percent of all distributions, other than tax distributions and management fees, until 8 the Louisiana Economic Development Fund state general fund shall have received 9 one hundred percent of the tax credits granted for such pool and thereafter the 10 company shall remit ten percent of all distributions, other than tax distributions and 11 management fees to the Louisiana Economic Development Fund state general fund. 12 If a certified Louisiana capital company has not decertified an investment pool 13 formed after December 31, 2001, pursuant to R.S. 51:1928(B)(3) within ten years 14 from the investment date, such company shall remit to the Louisiana Economic 15 Development Fund state general fund fifty percent of all distributions until the 16 Louisiana Economic Development Fund state general fund shall have received one 17 hundred percent of the tax credits granted for such pool, and thereafter the company 18 shall remit twenty percent of all distributions to the Louisiana Economic 19 Development Fund state general fund. 20 D. Notwithstanding any other provision of this Chapter to the contrary and 21 considering the adverse impact of Hurricanes Katrina and Rita, all investment 22 deadlines required by this Section which would have fallen between August 25, 23 2005, and December 30, 2005, shall be extended to March 31, 2006. 24 * * * 25 §2211. Purpose and goals 26 A. The provisions of this Chapter establish the MediFund as a special fund 27 within the state treasury shall be to support advancement of biosciences, biomedical, 28 and medical centers of excellence in Louisiana. The MediFund governing board 29 shall endeavor to achieve this purpose by coordinating and deploying public and Page 27 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 private resources to strategically develop and enhance this state's competitiveness in 2 biosciences, biomedical, and medical centers of excellence. 3 * * * 4 §2332. Definitions 5 As used in this Chapter, the following terms shall have the following 6 definitions: 7 * * * 8 (3) "Fund" means the Louisiana Economic Development Fund state general 9 fund. 10 * * * 11 §2341. Economic Development Award Program 12 * * * 13 F. The legislature shall make an annual appropriation to EDAP for deposit 14 in the Louisiana Economic Development Fund under the terms and conditions as 15 provided for in R.S. 51:2315. Project awards shall be disbursed by the corporation's 16 board. 17 * * * 18 PART VI-A RAPID RESPONSE FUND PROJECTS 19 §2361. Rapid Response Fund Projects 20 A.(1) The Rapid Response Fund, hereinafter referred to as the "fund", is 21 hereby created as a special fund within the state treasury. 22 (2) Beginning July 1, 2005, the state treasurer is directed to deposit into the 23 fund at the beginning of each fiscal year ten million dollars. The legislature may 24 appropriate additional monies to the fund notwithstanding the balance in the fund. 25 B.(1) All unexpended and unencumbered monies in the fund at the end of 26 the fiscal year shall remain in the fund. Monies in the fund shall be invested by the 27 treasurer in the same manner as those in the state general fund, and any interest 28 earned on the investment of monies in the fund shall be credited to the fund. Page 28 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 (2) Monies in the fund shall be The legislature may make available for 2 appropriation to the Department of Economic Development, hereinafter referred to 3 as the "department". , Such appropriations monies that shall be used by the secretary 4 of the department for immediate funding of all or a portion of economic development 5 projects which may be necessary in order to successfully secure the creation or 6 retention of jobs by a business entity under such circumstances as may be determined 7 by the secretary and the governor. 8 (3) B.(1) The secretary shall report to the Joint Legislative Committee on the 9 Budget twice yearly, on the first day of October and the first day of April, with 10 respect to all actual expenditures of monies appropriated from the fund. The reports 11 shall be available electronically, and the secretary shall include in these reports any 12 other information which the committee may require with respect to use of monies 13 appropriated from the fund, including but not limited to the following information 14 on each economic development project which receives funding: 15 (a) Performance targets. 16 (b) Outcomes. 17 (c) Numbers of jobs created and retained. 18 (d) Overall payroll generated. 19 (4) (2) The department shall make available upon request the economic 20 impact analysis on an economic development project which receives monies from 21 the fund. 22 C. At the same time as the secretary submits to the official journal for the 23 state a notice containing general information regarding active negotiations for an 24 economic development project which is eligible for funding from the fund, which 25 active negotiations the secretary desires to keep confidential as provided in R.S. 26 44:22, upon request by a member of the legislature in whose legislative district a 27 project is located, the secretary may provide information regarding the project if the 28 member submits his signature under oath that all information shall remain 29 confidential and privileged. Page 29 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 §2362. Accountability requirements; legal agreements; Rapid Response Fund 2 projects 3 A. All legal agreements for Rapid Response Fund projects shall include all 4 of the following: 5 * * * 6 §2363. Accountability requirements; reports; Rapid Response Fund projects 7 A. The secretary of the Department of Economic Development shall develop 8 a uniform accountability report for economic development created by the Rapid 9 Response Fund projects. The secretary shall also develop a formula for measuring 10 the return on investment for each Rapid Response Fund project. 11 B. The Department of Economic Development shall compile and make 12 available a list of the cooperative endeavor agreements, the name of the entity 13 receiving funds, and the amount of the incentive received for all Rapid Response 14 Fund projects in both written and electronic form. 15 PART VI-B. LOUISIANA MEGA-PROJECT DEVELOPMENT FUND 16 §2365. Louisiana Mega-Project Development Fund 17 A. The Louisiana Mega-Project Development Fund, hereinafter referred to 18 as the "fund", is hereby created as a special fund within the state treasury. 19 B. The state treasurer is hereby authorized and directed to transfer one 20 hundred fifty million dollars from the Louisiana Economic and Port Development 21 Infrastructure Fund to the Louisiana Mega-Project Development Fund on June 29, 22 2007. The legislature may appropriate additional monies to the fund if it deems 23 necessary to accomplish the purposes of the fund. 24 C. Monies in the fund shall be invested by the treasurer in the same manner 25 as monies in the state general fund and any interest earned on the investment of 26 monies in the fund shall be credited to the fund. All unexpended and unencumbered 27 monies in the fund at the end of the fiscal year shall remain in the fund. 28 D.(1) Monies in the fund shall be (1) The legislature may make available for 29 appropriation for general purposes and for use by to the Department of Economic Page 30 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 Development, hereinafter referred to as the "department",. Such appropriations 2 monies that shall be used by the secretary of the department for immediate funding 3 of all or a portion of economic development mega-projects which may be necessary 4 in order to successfully secure the creation or retention of jobs by a business entity 5 or a qualified major event under such circumstances as established by this Part. 6 (2) The secretary shall report to the Joint Legislative Committee on the 7 Budget twice yearly, on the first day of October and the first day of April, with 8 respect to all actual expenditures of monies appropriated from the fund. The reports 9 shall be available electronically, and the secretary shall include in these reports any 10 other information which the committee may require with respect to use of monies 11 appropriated from the fund, including but not limited to the following information 12 on each economic development project which receives funding: 13 (a) Performance targets. 14 (b) Outcomes. 15 (c) Numbers of jobs created and retained. 16 (d) Overall payroll generated. 17 (3) The department shall make available upon request the economic impact 18 analysis on an economic development project which receives monies from the fund. 19 This Subparagraph shall not apply to a mega-project which is a qualified major event 20 as defined in R.S. 51:2365.1. 21 E. B. Monies in the fund shall be expended only upon recommendation by 22 the secretary and concurrence by the governor. Any such recommendation shall be 23 implemented pursuant to a cooperative endeavor agreement executed in accordance 24 with the provisions of R.S. 33:9029.2 and subject to approval by the Joint Legislative 25 Committee on the Budget. 26 F. C.(1) For purposes of this Section, "mega-project" means: 27 (a) A project which will provide the following: 28 (i) Either five hundred new direct jobs to the state or a minimum initial 29 investment of five hundred million dollars by the private sector or the United States Page 31 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 Government through the creation of a new facility or the expansion of an existing 2 facility. 3 (ii) A substantial return on the investment by the state as measured by 4 projected tax revenues. 5 (b) A project for a military or federal installation which is important to the 6 Louisiana economy and that may be subject to base realignment and closure, or for 7 the purchase of land for a mega-project. 8 (c) A project resulting in re-creating or saving at least five hundred direct 9 jobs in this state, through the transfer of ownership of a facility that has been closed 10 or a facility that is at risk of closure due to conditions arising out of or relating to a 11 proceeding under Title 11 of the United States Code. 12 (d) A qualified major event as defined in R.S. 51:2365.1(A)(5) which meets 13 all of the requirements for eligibility as set forth in R.S. 51:2365.1(D). 14 (2) Except for a mega-project as provided in Subparagraphs (1)(b) and (d) 15 of this Subsection, the investment by the state in any mega-project shall not exceed 16 thirty percent of the total cost of the project as described by the cooperative endeavor 17 agreement. 18 G. D. At the same time as the secretary submits to the official journal for the 19 state a notice containing general information regarding active negotiations for an 20 economic development mega-project which is eligible for funding from the fund, 21 which active negotiations the secretary desires to keep confidential as provided in 22 R.S. 44:22, upon request by a member of the legislature in whose legislative district 23 a project is located, the secretary may provide information regarding the project if 24 the member submits his signature under oath that all information shall remain 25 confidential and privileged. 26 §2365.1. Major Events Incentive Program and the Major Events Incentive Program 27 Subfund 28 * * * Page 32 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 B.(1) There is hereby established in the state treasury a special subfund in 2 the Mega-Project Development Fund to be known as the "Major Events Incentive 3 Program Subfund", hereafter in this Section, the "subfund". 4 (2) Beginning with the 2015-2016 Fiscal Year and for each fiscal year 5 thereafter, and after allocation of money to the Bond Security and Redemption Fund 6 as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the 7 treasurer shall transfer in and credit to the subfund an amount equal to the sum of the 8 incremental increase in state tax receipts generated by the occurrence of all qualified 9 events. 10 (3) Monies in the subfund shall be invested in the same manner as monies 11 in the Louisiana Mega-Project Development Fund and any interest earned on the 12 investment of monies in the subfund shall be credited to the subfund. All 13 unexpended and unencumbered monies in the subfund at the end of the fiscal year 14 shall remain in the subfund. 15 (4) Subject to legislative appropriation and the approval of the Joint 16 Legislative Committee on the Budget, the treasurer shall disburse monies as provided 17 in R.S. 51:2365 to each eligible entity at times and in amounts as determined by the 18 secretary and approved by the Joint Legislative Committee on the Budget. 19 C.(1) B.(1) Subject to legislative appropriation and the approval of the Joint 20 Legislative Committee on the Budget, the secretary of the Department of Economic 21 Development is hereby authorized to enter into a contract with a local organizing 22 committee, endorsing parish, or endorsing municipality to recruit, solicit, or acquire 23 for Louisiana any qualified event that will have a significant positive impact on 24 economic development in the state. The contract shall provide for a financial 25 commitment to the local organizing committee, endorsing parish, or endorsing 26 municipality which shall be subject to legislative appropriation. 27 (2) The amount of the incremental increase in certain state tax receipts 28 generated within the designated area by the occurrence of the qualified event during 29 a specified period shall be determined by the secretary. The secretary shall notify the Page 33 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 Joint Legislative Committee on the Budget and the treasurer of his determination 2 and, upon the direction of the Joint Legislative Committee on the Budget, the 3 treasurer shall transfer the amount of the incremental increase to the subfund. Such 4 state tax receipts shall be limited to excise tax and sales and use taxes, excluding 5 state hotel and motel occupancy taxes. The amount of the incremental increase shall 6 not include local tax receipts. 7 D. C. An event not included in the definition of qualified event is ineligible 8 for funding under R.S. 51:2365. A qualified event may receive funding under R.S. 9 51:2365 only if all of the following conditions are met: 10 (1) After considering through a highly competitive selection process one or 11 more sites that are not located in this state, a site selection organization selects a site 12 located in this state for an event to be held once, or for an event scheduled to be held 13 annually for a period of years under an event contract. 14 (2) A site selection organization selects a site in this state as the sole site for 15 the event. 16 (3) The event is held not more frequently than annually. 17 §2366. Accountability requirements; Mega-Project Development Fund 18 A. The secretary of the Department of Economic Development shall develop 19 a uniform accountability report for economic development created by the Louisiana 20 Mega-Project Development Fund Louisiana mega-projects. The secretary shall also 21 develop a formula for measuring the return on investment for each mega-project. 22 B. The Department of Economic Development shall compile and make 23 available a list of the cooperative endeavor agreements, the name of the entity 24 receiving funds, and the amount of the incentive received for all Louisiana Mega- 25 Project Development Fund projects in both written and electronic form. 26 Section 14. Section 4(B) of Act No. 421 of the 2013 Regular Session of the 27Legislature is hereby amended and reenacted to read as follows: 28 * * * Page 34 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 1 Section 4. 2 * * * 3 B.(1) After satisfaction of the requirements of Subsection A of this Section, 4 all remaining monies collected pursuant to this Act shall be paid into the state 5 treasury. After compliance with the requirements of Article VII, Section 9(B) of the 6 Constitution of Louisiana relative to the Bond Security and Redemption Fund and 7 prior to any monies being placed into the state general fund or any other fund, an 8 amount equal to the remaining collections shall be credited by the state treasurer to 9 a special fund hereby created in the state treasury to be known as the 2013 Amnesty 10 Collections Fund, hereinafter referred to as "fund". The monies in the fund shall be 11 available for appropriation for any public purpose. the state general fund. 12 (2) Monies in the fund shall be invested by the state treasurer in the same 13 manner as those in the state general fund and interest earned on such investment shall 14 be credited to the fund after compliance with the requirements of the Bond Security 15 and Redemption Fund. All unexpended and unencumbered monies in the fund at the 16 end of the year shall remain in the fund. 17 * * * 18 Section 15. R.S. 3:4321(C) and (D), and 4411(B) and (C), R.S. 11:544, R.S. 1915:147(B)(14), 167, 185.5, and 572.8(N), R.S. 17:354, 421.7, 1874, 3129.6, 3138.2, 3138.3, 203138.4, and Part VI of Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950, 21comprised of R.S. 17:4001, R.S. 22:347(A)(1), (2), and (3), 831(B), and 835(C), (D), and 22(F), R.S. 24:39, R.S. 27:92(C), 392(B)(4) and (6), and 439, R.S. 28:842, R.S. 39:97.3, 98.7, 23Subpart G of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes 24of 1950, comprised of R.S. 39:100.1, Subpart H of Part II of Chapter 1 of Subtitle I of Title 2539 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.11, Subpart I of Part 26II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised 27of R.S. 39:100.21, Subpart J of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana 28Revised Statutes of 1950, comprised of R.S. 39:100.26, Subpart K of Part II of Chapter 1 of 29Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. Page 35 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 139:100.31, Subpart M of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana 2Revised Statutes of 1950, comprised of R.S. 39:100.41, Subpart N of Part II of Chapter 1 of 3Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 439:100.51, Subpart P-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana 5Revised Statutes of 1950, comprised of R.S. 39:100.81, Subpart Q-1 of Part II of Chapter 61 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 739:100.122, Subpart Q-2 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana 8Revised Statutes of 1950, comprised of R.S. 39:100.123, Subpart R of Part II of Chapter 1 9of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 1039:100.126, Subpart R-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana 11Revised Statutes of 1950, comprised of R.S. 39:100.136, Subpart S of Part II of Chapter 1 12of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 1339:100.146, and R.S. 39:1357, R.S. 40:16.2, 1402, 1547, and 2845(D)(2) and (3) and (E), 14R.S. 46:2913, R.S. 47:301.1(F), 318, 841(G), 841.1, 841.2, 1520(A)(1)(e), 1602.1, and 156351(G)(3) and (4), R.S. 49:259, and R.S. 51:2212(3), 2213, and 2315, Code of Criminal 16Procedure Article 926.1(K), Section 7 of Act No. 420 of the 2013 Regular Session of the 17Legislature, and Section 3 of Act No. 1065 of the 1997 Regular Session of the Legislature 18are hereby repealed in their entirety. 19 Section 16. The state treasurer is hereby authorized and directed to transfer any 20unencumbered balances remaining in the funds repealed and abolished in Sections 1 through 2115 of this Act to the state general fund after satisfying the appropriations for Fiscal Year 222015-2016. 23 Section 17. This Act shall become effective on July 1, 2016. Page 36 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 986 Original 2016 Regular Session Schroder 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 SpectrumR.S. 39:100:122 Disorder 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 R.S. 40:16.2 and R.S. 3:2(C) Support Fund Department of Justice Legal Support Fund R.S. 49:259 and R.S. 42:262(B) Department of Revenue Alcohol and TobaccoR.S. 11:544 Control Officers Fund DNA Testing Post-Conviction Relief for CCrP. Art. 926.1(K) and Indigents Fund 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 §3 of Act No. 1065 of the 1997 R.S. Assistance 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 R.S. 24:39 Fund Louisiana Agricultural Finance Authority Fund R.S. 3:277, and R.S. 27:392(B)(4) Louisiana Asbestos Detection and Abatement R.S. 39:97.3 Fund Louisiana Charter School Start-Up Loan Fund R.S. 17:4001 Page 37 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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 R.S. 40:1547 Program Film Library Fund 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 R.S. 22:1476(A)(2) Operating Fund 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 GrandchildrenR.S. 46:2913 Fund Science, Technology, Engineering, and Math R.S. 17:3138.3 (STEM) Upgrade Fund 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 R.S. 39:100.136; and Educational Institutions Support Fund R.S. 47:6351(G)(3) and (4) Video Draw Poker Device Purse R.S. 27:439 Supplement Fund Workforce and Innovation for a Strong R.S. 17:3138.2, 3138.3, and 3138.4 Economy 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. Page 38 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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. Page 39 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1854 ORIGINAL HB NO. 986 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)-(D), and 2366 and §4(B) of Act No. 421 of the 2013 Regular Session of the Legislature; Adds R.S. 27:392(C)(8), Repeals R.S. 3:4321(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)(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 C.Cr.P.Art. 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) Page 40 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions.