Louisiana 2022 Regular Session

Louisiana House Bill HB1015 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 751
2022 Regular Session
HOUSE BILL NO. 1015
BY REPRESENTATIVE SCHEXNAYDER
1	AN ACT
2 To amend and reenact R.S. 51:2365(D)(3) and (F)(2), to enact R.S. 51:1260 and 1261, and
3 to repeal R.S. 51:2365(F)(1)(d) and 2365.1, relative to financial incentives for events
4 held in Louisiana; to provide relative to the Major Events Incentive Program; to
5 make changes to the administration of the program; to create a grant program for
6 certain Louisiana events; to provide for administration of the program; to provide for
7 an effective date; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 51:2365(D)(3) and (F)(2) are hereby amended and reenacted and
10 R.S. 51:1260 and 1261 are hereby enacted to read as follows:
11 §1260.  Major Events Incentive Fund; Major Events Incentive Program
12	A.(1)  There is hereby created in the state treasury, as a special fund, the
13 Major Events Incentive Fund, hereinafter referred to in this Section as the "fund".
14	(2)  The source of monies deposited into the fund shall be any monies
15 appropriated by the legislature, including federal funds, any public or private
16 donations, gifts, or grants from individuals, corporations, nonprofit organizations,
17 or other business entities which may be made to the fund, and any other monies
18 which may be provided by law.  In determining the amount of the annual
19 appropriation to the fund, the legislature shall consider contracts which have been
20 entered into pursuant to this Section as well as any recruitment efforts being made
21 by local organizing committees for qualified major events.
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1	(3)  Monies in the fund shall be invested in the same manner as monies in the
2 state general fund and any interest earned on the investment of monies in the fund
3 shall be credited to the fund. All unexpended and unencumbered monies in the fund
4 at the end of the fiscal year shall remain in the fund.
5	(4)  Monies in the fund shall be used solely for attracting, hosting, and
6 staging major events pursuant to the Major Events Incentive Program as provided in
7 this Section.
8	B.  There is hereby created the Major Events Incentive Program, hereinafter
9 referred to in this Section as the "program", to be administered by the office of
10 lieutenant governor, through the Department of Culture, Recreation and Tourism.
11 The program shall provide grant funding to event producers and hosts, local
12 organizing committees, endorsing municipalities, endorsing parishes, official tourism
13 commissions, convention and visitors bureaus, and official destination marketing
14 organizations, for costs associated with attracting and hosting qualified major events
15 as provided in this Section.
16	C.  As used in this Section, the following terms have the following meanings:
17	(1)  "Endorsing municipality" means either of the following:
18	(a)  A municipality that contains a site selected by a site selection
19 organization for a major event and is a party to an event support contract.
20	(b)  A municipality that does not contain a site selected by a site selection
21 organization for a qualified major event, but is included in the market area for the
22 event as designated by the secretary and is a party to an event support contract.
23	(2)  "Endorsing parish" means either of the following:
24	(a)  A parish that contains a site selected by a site selection organization for
25 a qualified major event and is a party to an event support contract.
26	(b)  A parish that does not contain a site selected by a site selection
27 organization for a qualified major event, but is included in the market area for the
28 event as designated by the secretary and is a party to an event support contract.
29	(3)  "Event support contract" or "event contract" means a joint undertaking,
30 a joint agreement, or a similar contract executed by a local organizing committee, an
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1 endorsing municipality, an endorsing parish, official tourism commission,
2 convention and visitors bureau, or official destination marketing organization, or any
3 combination thereof, and a site selection organization.
4	(4)  "Local organizing committee" means an organization created or
5 recognized as the official host entity sanctioned by an endorsing municipality or
6 parish for a specified qualified major event.
7	(5)  "Qualified major event" means a National Football League Super Bowl,
8 a National Collegiate Athletic Association Final Four tournament game, the National
9 Basketball Association All-Star Game, the X Games, a National Collegiate Athletic
10 Association Division I Football Bowl Subdivision postseason game, a college
11 tournament or championship, the World Games, a national collegiate championship
12 of an amateur sport sanctioned by the national governing body of the sport that is
13 recognized by the United States Olympic Committee, an Olympic activity including
14 a Junior or Senior activity, training program, or feeder program sanctioned by the
15 United States Olympic Committee's Community Olympic Development Program,
16 a mixed martial arts championship, the Breeders' Cup World Championships, a
17 Bassmasters Classic, a National Motorsports race, the Red Bull Signature Series, a
18 football kickoff game between two National Collegiate Athletic Association teams,
19 a national championship or Olympic trials of an amateur or professional sport
20 sanctioned by the national governing body of the sport, the United States Bowling
21 Congress Tournament, the WWE WrestleMania, the Bayou Classic, the Essence
22 Festival, the Zurich Classic or other PGA Tour event, a national military event, a
23 national political convention of the Republican National Committee or of the
24 Democratic National Committee, or any National Collegiate Athletic Association
25 conference, convention, or conference media event, including conference media
26 days. The term includes any activities related to or associated with a qualified major
27 event.
28	(6)  "Site selection organization" means any of the following:
29	(a)  The National Football League, the National Collegiate Athletic
30 Association or any affiliated conference, or any team or teams thereof, the National
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1 Basketball Association, the International World Games Association, or the United
2 States Olympic Committee.
3	(b)  The national governing body of a sport that is recognized by the United
4 States Olympic Committee.
5	(c)  The National Thoroughbred Racing Association.
6	(d)  The Republican National Committee or Democratic National Committee.
7	(e)  The United States Bowling Congress.
8	(f)  The national governing body of an organization, not listed in
9 Subparagraphs (a) through (e) of this Paragraph, that schedules a qualified major
10 event as defined in Subparagraph (5) of this Paragraph.
11	D.  An entity shall be eligible to receive funding through the program only
12 if all of the following apply:
13	(1)  The event is included in the definition of qualified major event.
14	(2)  A site selection organization or the event producer or host selects or has
15 selected a site in Louisiana under either of the following circumstances:
16	(a)  After holding a bidding or invitation selection process involving required
17 terms and conditions that could be fulfilled by sites not located in Louisiana.
18	(b)  As the sole site for the event or the sole site for the event in a region
19 composed of Louisiana and one or more states.
20	(3)  The event is not held more than one time per year in Louisiana or any
21 other state. The provisions of this Paragraph shall not apply to events occurring twice
22 in one year due to a natural disaster, an act of God, force majeure, a catastrophe,
23 pandemic, or such other occurrence which causes the event to move or be
24 rescheduled.
25	E.  The lieutenant governor, through the Department of Culture, Recreation
26 and Tourism, is hereby authorized to enter into a contract with an event producer or
27 host, a local organizing committee, endorsing parish, endorsing municipality, official
28 tourism commission, convention and visitors bureau, or official destination
29 marketing organization to recruit, solicit, acquire, or organize for Louisiana any
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1 qualified major event that will have a significant positive impact in the state.  The
2 contract shall provide for a financial commitment to the entity.
3	F.  Any grants received pursuant to this Section may be used for either of the
4 following:
5	(1)  To pay or reimburse the costs of applying or bidding for selection as the
6 site of the event.
7	(2)  To pay or reimburse the costs of planning for or conducting the event.
8	G.  Within sixty days after the event, the lieutenant governor shall submit an
9 economic analysis to the Joint Legislative Committee on the Budget which shall
10 include the following:
11	(1)  The designated area which was impacted by the occurrence of the
12 qualified major event.
13	(2)  The total incremental increase in state sales and use receipts in the
14 designated area.
15	(3)  The total incremental increase in excise tax receipts in the designated
16 area.
17	H.  The Joint Legislative Committee on the Budget shall determine the
18 portion of the incremental tax increase reported by the lieutenant governor which
19 shall be transferred into the fund. Upon approval of the Joint Legislative Committee
20 on the Budget, the treasurer shall transfer the amount determined by the committee
21 into the fund.
22	I.  The Department of Culture, Recreation and Tourism shall promulgate
23 rules for the administration of the program in accordance with the Administrative
24 Procedure Act.  In order to expedite implementation of the program, the department
25 shall utilize emergency rulemaking for the promulgation of the initial administrative
26 rules.
27 §1261.  Events Incentive Fund
28	A.(1)  There is hereby created in the state treasury, as a special fund, the
29 Events Incentive Fund, hereinafter referred to in this Section as the "fund".
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1	(2)  The source of monies deposited into the fund shall be any monies
2 appropriated by the legislature, including federal funds, any public or private
3 donations, gifts, or grants from individuals, corporations, nonprofit organizations,
4 or other business entities which may be made to the fund, and any other monies
5 which may be provided by law.
6	(3)  Monies in the fund shall be invested in the same manner as monies in the
7 state general fund and any interest earned on the investment of monies in the fund
8 shall be credited to the fund. All unexpended and unencumbered monies in the fund
9 at the end of the fiscal year shall remain in the fund.
10	(4)  Monies in the fund shall be used solely for attracting, planning,
11 marketing, and conducting events pursuant to the Events Incentive Program as
12 provided in this Section.
13	B.  There is hereby created the Events Incentive Program, hereinafter referred
14 to in this Section as the "program", to be administered by the lieutenant governor,
15 through the Department of Culture, Recreation and Tourism.  The program shall
16 provide grant funding to municipalities, parishes, official tourism commissions,
17 convention and visitors bureaus,  official destination marketing organizations, and
18 nonprofit corporations hosting an event for costs associated with planning,
19 marketing, and conducting events held in Louisiana.
20	C.  An entity shall be eligible to receive funding through the program only
21 if all of the following apply:
22	(1)  The event is not a "qualified major event" as defined in R.S. 51:1260.
23	(2)  The event is not held more than one time per year in Louisiana or any
24 other state. The provisions of this Paragraph shall not apply to events occurring twice
25 in one year due to a natural disaster, an act of God, force majeure, a catastrophe,
26 pandemic, or such other occurrence which causes the event to move or be
27 rescheduled.
28	(3)  The applicant submits the application and required documentation no
29 later than one hundred eighty days prior to the event.  The documentation shall
30 include:
31	(a)  The total anticipated cost of the event.
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1	(b)  The amount and anticipated sources of funding for the event.
2	(c)  An economic analysis indicating the event has an anticipated impact of
3 three hundred fifty thousand dollars or greater to the state.
4	(d)  A proposal for the utilization of the grant funding.
5	D.  A municipality, parish, or nonprofit corporation hosting the event shall
6 be eligible to receive up to twenty-five percent of the total cost incurred by the entity
7 for the event, not to exceed two hundred fifty thousand dollars per grant.
8	E. Any grants received pursuant to this Section event may be used for either
9 of the following:
10	(1) To pay or reimburse the costs of applying or bidding for selection as the
11 site of the event.
12	(2) To pay or reimburse the costs of planning, marketing, or conducting the
13 event.
14	F.  No later than September first of each year, the lieutenant governor shall
15 submit an annual report on the program to the Joint Legislative Committee on the
16 Budget.  The report shall include the entities that received grant funding for events
17 in the previous fiscal year pursuant to this Section and the economic impact of the
18 events to the state, to the extent possible.
19	G.  The Department of Culture, Recreation and Tourism shall promulgate
20 rules for the administration of the program in accordance with the Administrative
21 Procedure Act.  In order to expedite implementation of the program, the department
22 shall utilize emergency rulemaking for the promulgation of the initial administrative
23 rules.
24 §2365.  Louisiana Mega-Project Development Fund
25	*          *          *
26	D.
27	*          *          *
28	(3)  The department shall make available upon request the economic impact
29 analysis on an economic development project which receives monies from the fund.
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1 This Subparagraph shall not apply to a mega-project which is a qualified major event
2 as defined in R.S. 51:2365.1.
3	*          *          *
4	F.
5	*          *          *
6	(2)  Except for a mega-project as provided in Subparagraphs (1)(b) and (d)
7 Subparagraph(1)(b) of this Subsection, the investment by the state in any
8 mega-project shall not exceed thirty percent of the total cost of the project as
9 described by the cooperative endeavor agreement.
10	*          *          *
11 Section 2.  R.S. 51:2365(F)(1)(d) and 2365.1 are hereby repealed in their entirety.
12 Section 3.  On the effective date of this Act, the treasurer is authorized and directed
13 to transfer any remaining balance in the Major Events Incentive Program Subfund of the
14 Mega-Project Development Fund  to the Major Events Incentive Fund.  Any contract entered
15 into with the secretary of the Department of Economic Development pursuant to the Major
16 Events Incentive Program prior to the effective date of this Act shall be transferred to the
17 lieutenant governor.
18 Section 4.  This Act shall become effective upon signature by the governor or, if not
19 signed by the governor, upon expiration of the time for bills to become law without signature
20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
21 vetoed by the governor and subsequently approved by the legislature, this Act shall become
22 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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