RÉSUMÉ DIGEST
ACT 401 (SB 98) 2017 Regular Session Donahue
Prior law provided for the definitions of words used in Title 39 of the Revised Statutes.
New law retains prior law and amends the definition of "incentive expenditures" or
"incentive expenditure programs" to mean the reductions of and payments from current tax
collections because of payments to businesses and individuals for the refund, rebate, or
transferable credits granted through either an incentive contract between the state or an
agency of the state and a specific recipient, or certification or approval of a specific recipient
by the state or an agency of the state. New law retains list of incentive benefit statutes
included in prior law.
Prior law provided that the Revenue Estimating Conference (REC) establish a forecast of
incentive expenditure programs for each fiscal year, which shall include a forecast of the
amount of payments from and reductions of current tax collections to be granted by incentive
expenditure programs.
New law retains prior law and requires each department that administers an incentive benefit
program to give a report on the program at each meeting of the REC.
New law provides that in developing the incentive expenditure estimate for each tax benefit
program, each state agency which administers an incentive expenditure program, shall
coordinate and implement procedures for developing the estimate. Further provides for
items that may be considered in the estimating procedures.
Prior law provided that the governor shall cause to be prepared an executive budget
presenting a complete financial and programmatic plan for the ensuing fiscal year which
shall include recommendations for appropriations from the state general fund and dedicated
funds which shall not exceed the official forecast of the REC.
New law retains prior law and further provides that the executive budget for Fiscal Year
2018-2019 and each fiscal year thereafter shall include a listing of all incentive expenditure
programs by department, including the incentive expenditure forecast as adopted for the
current fiscal year by the REC.
New law requires the incentive expenditure programs to be stated as a separate description
in the program activities of the respective department, agency, or authority of the state which
administers the incentive expenditure. Such incentive expenditures shall not be included as,
nor counted towards the operating expenses of the relevant department, agency, or authority.
Prior law provided for the contents and format of executive budget.
New law retains prior law and further provides that the executive budget for Fiscal Year
2018-2019 and each fiscal year thereafter, the general appropriation bill, and other
appropriation bills shall include a listing of all incentive expenditure programs by
department, including the incentive expenditure forecast as adopted for the current fiscal
year by the REC.
Prior law provided that after the passage of the appropriation and revenue acts, but not later
than October first of each year, the governor shall cause to be prepared a complete state
budget for the fiscal year. The budget so prepared shall include all the details of the financial
plan for the fiscal year, as to both expenditures and means of financing as presented in the
executive budget, with such revision as may be necessary to bring them into conformity with
the appropriation and revenue acts and other acts to provide means of financing, and with
the legislative provisions in effect, governing administration of the budget.
New law retains prior law but further provides that the budget so prepared for Fiscal Year
2018-2019 and each fiscal year thereafter shall include a statement of total incentive
expenditure programs and a statement of incentive expenditure programs by department.
Effective July 1, 2017.
(Amends R.S. 39:2(15.1)(intro para), 24.1(A), (C), and (E)(3), 34(A), 51(A)(2) and 56(A);
adds R.S. 39:24.1(E)(4) and (5) and 36(A)(7))