Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB400 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 612 (SB 400) 2018 Regular Session	Hewitt
Prior law provided 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. Prior law provided that no later than September 1, 2017, and every two years
thereafter the committee shall provide for the dedicated fund review subcommittee.
New law retains prior law except that new law changes the requirement that the
subcommittee meet from every two years to every year.
Prior law provided 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.
Prior law provided 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.
New law retains prior law except new 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.
Prior law provided that the subcommittee shall meet only on a day in which the JLCB is
scheduled to convene.  New law removes this provision of prior law.
New law abolishes certain funds in the state treasury, which funds are listed below.
New 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.
New 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
New 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
Higher Education Initiatives Fund	R.S. 17:3129.6
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
MediFund	R.S. 51:2211-2215
New Orleans Urban Tourism and HospitalityR.S. 27:392(C)(4)
Training in Economic Development
Foundation Fund
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
New 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
Office of Workers' Compensation 	R.S. 23:1170(A), 1172(A), 1172.1(C),
Administration Fund 	1172.2(D), 1178(D), 1291.1(C)(1) and
(E), 1310.3(E), 1310.13(intro para)
Proprietary School Student Protection Fund R.S. 17:3141.16(A), (B)(1), (2), (3),
(7) & (8), (C)(1), (D)(1), (2), (5), (8),
(9) & (10), (E)(1)(a) & (2), (F), (G)(1)
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), 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. 23:1170(A), 1172(A),
1172.1(C), 1172.2(D), 1178(D), 1291.1(C)(1) and (E), 1310.3(E), 1310.13, and 1514(D)(5),
R.S. 24:653(N)(3), R.S. 30:2004(11), 2014(B), (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), 463.148(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) and (4), R.S. 51:2315, 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), Sec. 4(B) of Act
421 of 2013 R.S., as amended by Sec. 4(B) of Act 822 of 2014 R.S., and Sec. 7(A)(intro
para) and (B) of Act 41 of 2006 1stES; adds R.S. 30:2015(C)(8); repeals R.S. 11:544, R.S.
15:185.5, 572.8(N) and (S), R.S. 17:354, 3129.6, 3138.2, 3138.3, and 3397.11, R.S.
27:392(C)(4), 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, 2731,
2742(D), and 2901, R.S. 47:120.39 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, Sec. 9 of Act 138 of 2005 R.S.
as amended by Sec. 7 of Act 642 of 2006 R.S., Sec.(3)(D) and (6) of Act 41 of 2006 1st ES,
Sec. 7 of Act 420 of 2013 R.S., Sec. (4)(B)(1) of Act 421 of 2013 R.S. as amended by Sec.
(4)(B)(1) of Act 822 of 2014 R.S., and Sec. (4)(B)(2) of Act 421 of 2013 R.S.)