Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB400 Comm Sub / Analysis

                    The original instrument was prepared by Martha Hess. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Laura Gail
Sullivan.
DIGEST
SB 400 Reengrossed 2018 Regular Session	Hewitt
Present law provides for the creation of the Dedicated Fund Review Subcommittee of the Joint
Legislative Committee on the Budget (JLCB) to review special funds and dedications in the state
treasury. Present law provides that no later than September 1, 2017, and every two years thereafter
the committee shall provide for the dedicated fund review subcommittee.
Proposed law retains present law except that proposed law changes the requirement that the
subcommittee meet from every two years to every year.
Present law provides that the division of administration shall establish a procedure to ensure that the
activities supported by a special fund are subject to the same level of transparency and accountability
as activities supported by the state general fund.
Present law provides that no later than October 1, 2017, and every two years thereafter, the division
of administration shall submit a plan of special funds and dedications to the JLCB that specifies at
least 50% of the special dedicated funds in law as of the date of the submission of the plan.  The
JLCB shall ensure that after two consecutive plans have been approved, all special funds established
by law on the date of the submission of the second consecutive plan will have been approved in a
plan at least once in the previous four years.
Proposed law retains present law except proposed law changes the time period that all special funds
will have been approved in a plan from at least once in the previous four years to once in the
previous two years.
Present law provides that the subcommittee shall meet only on a day in which the JLCB is scheduled
to convene.  Proposed law removes this provision of present law.
Proposed law abolishes certain funds in the state treasury, which funds are listed below.
Proposed law amends certain funds from being dedicated funds in the state treasury to being
dedicated accounts in the state treasury, which funds are listed below.
Proposed law changes the Hunters for the Hungry Account to an escrow fund and changes the
Louisiana Economic Development Fund to provide that the monies can be used only for the FastStart
Program.
VARIOUS FUNDS ELIMINATED Proposed law eliminates the following funds:
2013 Amnesty Collections Fund	§4(B)(1) of Act No. 421 of 2013 RS, as
amended by §4(B)(1) of Act No. 822 of 2014
RS, §4(B)(2) of Act 421 of 2013 RS
Academic Improvement Fund	R.S. 17:354
Atchafalaya Basin Conservation Fund R.S. 30:2000.12
Barrier Island Stabilization and	R.S. 49:214.6.7(D) & (E)
Preservation Fund
Bogalusa Health Services Fund	R.S. 33:2740.18
Brownsfield Cleanup Revolving Loan Fund R.S. 30:2551, 2552(A), (B), & (C)
Center for Excellence for Autism SpectrumR.S. 39:100.122, R.S. 46:1301(A)(1)
Disorder
Community Hospital Stabilization Fund R.S. 46:2901
Competitive Core Growth Fund	R.S. 17:3138.2
Crescent City Amnesty Refund Fund	R.S. 9:154.3, R.S. 47:7019.2(B)(1)
Debt Service Assistance Fund	§3(D), 6, 7(A) & (B) of Act No. 41 of the
2006 1ES
Louisiana Department of Health's Facility R.S. 3:2(C), R.S. 40:16.2 
Support Fund
Department of Revenue Alcohol and TobaccoR.S. 11:544
Control Officers Fund
Evangeline Parish Recreation District §9 of Act No. 138 of 2005 RS, as
Support Fund	amended by §7 of Act 420 of 2013 RS
Fiscal Administrator Revolving Loan Fund R.S. 39:1357
FMAP Stabilization Fund	§7 of Act No. 420 of 2013 RS
Health Care Redesign Fund	R.S. 39:100.51, R.S. 46:977.13
Health Trust Fund	R.S. 39:91(B)(2), R.S. 46:2731 Higher Education Financing Fund	R.S. 39:82(A), 100.146, 352
Incentive Fund	R.S. 39:87.5
Indigent Parent Representation Program Fund R.S. 15:185.5
Innocence Compensation Fund	R.S. 15:572.8(H)(1), (2)(intro para), (N) & (S)
Louisiana Help Our Wildlife Fund	R.S. 56:70.3, 70.4(A)(1) & (2)
Marketing Fund	R.S. 47:318
Medicaid Trust Fund for the Elderly R.S. 39:91(B)(3), R.S. 46:2691,
2692, 2731(C)(1), 2742(D), R.S.
47:463.104(C) & (D)
MediFund	R.S. 51:2211-2215
New Orleans Public Safety Fund	R.S. 40:1402
Payments Towards the UAL Fund	R.S. 39:82(A), 100.11, 352
Pet Overpopulation Fund	R.S. 47:463.60(F)
Reptile and Amphibian Research Fund R.S. 56:633
Saltwater Fishery Enforcement Fund R.S. 56:14
Science, Technology, Engineering, and Math R.S. 17:3138.3
(STEM) Upgrade Fund
Shrimp Trade Petition Account R.S. 56:10(B)(1)(b), 302.3(B)(5)(c),
305(H), 494(E)(5) & (F)
Sickle Cell Fund	R.S. 39:100.123
SNAP Fraud and Abuse Detection and R.S. 46:290.1, R.S. 47:120.39 
Prevention Fund
Tobacco Tax Medicaid Match Fund R.S. 47:841.2
Unfunded Accrued Liability Account of R.S. 39:100.136, R.S. 47:6351(G) 
the Unfunded Accrued Liability
and Specialized Educational
Institutions Support Fund UNO Slidell Technology Park Fund R.S. 17:3397.11
Workforce and Innovation for a Strong R.S. 17:3138.2(A), 3138.3(A), &
Economy Fund	3138.4
VARIOUS FUNDS AMENDED FROM FUNDS TO ACCOUNTS
Proposed law changes the following from funds to accounts:
Administrative Fund of the Department R.S. 22:1071(D)(3)(b) & (c)
of Insurance
Emergency Medical Technician Fund R.S. 40:1135.10, R.S. 47:463.48(D)
Environmental Trust Fund	R.S. 30:2004(11), 2014(B), (D)(4)(a) &
(b)(intro para), 2015(A), (B), (C)(intro
para), (D)(intro para), (E), 2035(B)(1),
2054(B)(8), 2109(A) & (C), 2192(B)(4),
2195(B), (C) & (E), 2195.2(A)(4),
2195.4(C)(1) & (2), 2195.5, 2205(A)(1), R.S.
49:259(D), 308.3(B)(7) & (D)
Louisiana Alligator Resource Fund	R.S. 56:253(C)(2)(a), 278(A), 279(A), (C)(1),
(2), (3), (D)(1) & (3)
Louisiana Bicycle and Pedestrian Safety R.S. 32:202, R.S. 47:463.148(E)
Fund
Motorcycle Safety, Awareness, and R.S. 32:402.3(I), 412(C)(2), R.S.
Operator Training Program Fund 49:308.3(D)
Municipal Fire and Police Civil Service R.S. 22:1476(A)(2) 
Operating Account
Pesticide Fund	R.S. 3:3210(B), (C)(intro para), (C)(4)
& (5)
Sex Offender Registry Technology Fund C.Cr.P Art. 895.1(F)(2), (3)(intro para), (3)(b)
& (e)
Youthful Offender Management Account R.S. 15:921
OTHER ACTIONS
Hunters for the Hungry Account	R.S. 47:463.167(E), R.S. 56:644(B), (C)(intro para), (D) & (E) 
Louisiana Economic Development Fund R.S. 23:1514(D)(5), R.S. 47:318(D), R.S.
51:1927.1(A), (B) & (C), 2315, & 2341(F)
Sections 11 and 25 effective July 1, 2018; Section 23 effective January 1, 2019; Sections 1-10, 12-
22, and 24, effective July 1, 2020.
(Amends R.S. 3:2(C), 3210(B) and (C)(intro para), (4), and (5), R.S. 9:154.3, R.S. 15:572.8(H)(1)
and (2)(intro para), and 921, R.S. 17:3138.4, R.S. 22:1071(D)(3)(b) and (c) and 1476(A)(2), R.S.
23:1514(D)(5), R.S. 24:653(N)(3), R.S. 30:2004(11), 2014(B) and (D)(4)(a) and (b)(intro para),
2015(A), (B), (C)(intro para), (D)(intro para), and (E), 2035(B)(1), 2054(B)(8), 2109(A) and (C),
2192(B)(4), 2195 (B), (C), and (E), 2195.2(A)(4), 2195.4(C)(1) and (2), 2195.5, 2205(A)(1), and
2552(A), (B), and (C), R.S. 32:202, 402.3(I), and 412(C)(2), R.S. 39:82(A), 91(B), 100.136, and
352, R.S. 40:1135.10, R.S. 46:1301(A)(1), R.S. 47:318(D), 463.48(D), 463.60(F), 463.104(C),
463.148(E), 463.167(E), 6351(G), and 7019.2(B)(1), R.S. 49:259(D), 308.3(B)(7) and (D), and
308.5(B)(3), R.S. 51:1927.1(A) and (C), 2315, and 2341(F), R.S. 56:10(B)(1)(b), 70.3, 70.4(A),
253(C)(2)(a), 278(A), 279(A), (C), and (D)(1) and (3), 494(E)(5) and (F), 644(B), (C)(intro para),
(D) and (E), C.Cr.P. Art. 895.1(F)(2) and (3)(intro para), (b), and (e), §4(B) of Act No. 421 of the
2013 RS, as amended by §4(B) of Act No. 822 of the 2014 RS, and §7(A)(intro para) and (B) of Act
41 of the 2006 1ES; repeals R.S. 11:544, R.S. 15:185.5, 572.8(N) and (S), R.S. 17:354, 3138.2,
3138.3, and 3397.11, R.S. 30:2000.12 and 2551, R.S. 33:2740.18, R.S. 39:87.5, 100.11, 100.51,
100.122, 100.123, 100.146, and 1357, R.S. 40:16.2 and 1402, R.S. 46:290.1, 977.13, 1816, 2691,
2692, 2731, 2742(D), and 2901, R.S. 47:120.39, 463.104(D), and 841.2, R.S. 49:214.6.7(D) and (E),
R.S. 51:2211 through 2216, R.S. 56:14, 302.3(B)(5)(c), 305(H), and 633, §9 of Act No. 138 of the
2005 RS as amended by §7 of Act 642 of the 2006 RS, §(3)(D) and §(6) of Act No. 41 of the 2006
1ES, §7 of Act No. 420 of the 2013 RS, §(4)(B)(1) of Act No. 421 of the 2013 RS as amended by
§(4)(B)(1) of Act No. 822 of the 2014 RS, and §(4)(B)(2) of Act No. 421 of the 2013 RS)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original bill
1. Amends certain funds to change from being a dedicated fund in the state treasury to
being a dedicated account in the state treasury.
2. Abolishes certain funds.
3. Changes the effective dates of sections of proposed law.
Senate Floor Amendments to engrossed bill
1. Restores Proprietary School Student Protection Fund. 2 Restores New Orleans Urban Tourism and Hospitality Training in Economic
Development.
3. Restores requirement that the subcommittee on statutory dedications meet only on
the day that JLCB meets.
4. Restores the Higher Education Initiatives Fund.
5. Makes Legislative Bureau technical amendments.