SLS 22RS-519 ENGROSSED
2022 Regular Session
SENATE BILL NO. 260
BY SENATOR HEWITT
FUNDS/FUNDING. Provides relative to the Community and Family Support System Fund.
(8/1/22)
1 AN ACT
2 To amend and reenact R.S. 28:826, relative to the Community and Family Support System
3 Fund; to change the name of the fund from the Community and Family Support
4 System Fund to the Disability Services Fund; to provide for the purposes of the
5 Disability Services Fund; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 28:826 is hereby amended and reenacted to read as follows:
8 ยง826. Community and Family Support System Disability Services Fund
9 A. There is hereby created, as a special fund in the state treasury, the
10 Community and Family Support System Disability Services Fund, hereafter
11 sometimes referred to as "the fund."
12 B.(1) Notwithstanding any other provision of law to the contrary, after
13 compliance with the requirements of Article VII, Section 9(B) of the Constitution of
14 Louisiana relative to the Bond Security and Redemption Fund, and after a sufficient
15 amount is allocated from that fund to pay all of the obligations secured by the full
16 faith and credit of the state which become due and payable within any fiscal year, the
17 treasurer shall pay deposit into the fund an amount equal to the amount collected
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 260
SLS 22RS-519 ENGROSSED
1 by the state attributable to the sale or lease of all or part of any movable and
2 immovable property previously operated by the office for citizens with
3 developmental disabilities within the Louisiana Department of Health, and the
4 proceeds of the fee assessed pursuant to the provisions of R.S. 40:1046(H)(8)(a), and
5 the proceeds of the taxes levied pursuant to R.S. 47:9105(A) and (B).
6 (2)(a) The state treasurer shall establish separate accounts within the
7 fund.
8 (b) The state treasurer shall deposit monies attributable to the collections
9 by the state for the sale or lease of all or part of any movable and immovable
10 property previously operated by the office for citizens with developmental
11 disabilities within the Louisiana Department of Health into a separate account
12 within the fund.
13 (c) The state treasurer shall deposit one-half of the monies attributable
14 to the proceeds of the fee assessed pursuant to the provisions of R.S.
15 40:1046(H)(8)(a) into a separate account within the fund.
16 (d) The state treasurer shall deposit one-half of the monies attributable
17 to the proceeds of the fee assessed pursuant to the provisions of R.S.
18 40:1046(H)(8)(a) and the proceeds of the taxes levied pursuant to R.S.
19 47:9105(A) and (B) into a separate account within the fund.
20 (2)(3) Monies appropriated from the fund shall be used solely as provided by
21 Subsection Subsections C and D of this Section and only in the amounts
22 appropriated by the legislature. All unexpended and unencumbered monies in
23 remaining in the separate accounts of the fund at the end of the fiscal year shall
24 remain in the separate accounts of the fund. The monies in the fund shall be
25 invested by the state treasurer in the same manner as monies in the state general
26 fund, and interest earned on the investment of these monies shall be credited to the
27 fund following compliance with the requirements of Article VII, Section 9(B)
28 relative to the Bond Security and Redemption Fund and allocated to each separate
29 account on a prorata basis.
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Coding: Words which are struck through are deletions from existing law;
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1 C.(1) Subject to annual appropriation by the legislature, the monies in the
2 Community and Family Support System Fund The legislature shall appropriate
3 monies from the separate accounts of the fund as follows:
4 (a) The account containing the monies attributable to the collections by
5 the state for the sale or lease of all or part of any movable and immovable
6 property previously operated by the office for citizens with developmental
7 disabilities within the Louisiana Department of Health shall be used solely to
8 improve the capacity of the state to meet the varying and complex needs of
9 individuals with developmental disabilities, with emphasis on increasing the number
10 of recipients of waiver services and no less than fifty percent of the proceeds of the
11 fee assessed pursuant to the provisions of R.S. 40:1046(H)(8)(a) deposited into the
12 fund shall be used to provide funding for the Early Steps intervention program for
13 infants and toddlers with disabilities and their families as established in R.S. 28:461
14 et seq.
15 (b) The account containing the monies attributable to one-half of the
16 proceeds of the fee assessed pursuant to the provisions of R.S. 40:1046(H)(8)(a)
17 shall be used solely to provide funding for the Early Steps intervention program
18 for infants and toddlers with disabilities and their families as established in R.S.
19 28:461 et seq.
20 (c) The account containing the monies attributable to one-half of the
21 proceeds of the fee assessed pursuant to the provisions of R.S. 40:1046(H)(8)(a)
22 and the proceeds of the taxes levied pursuant to R.S. 47:9105(A) and (B) shall
23 be used solely to support and enhance developmental disabilities services within
24 the Medicaid program or the Office for Citizens with Developmental
25 Disabilities, or its successor.
26 (2) The monies in the fund shall not be used to displace, replace, or supplant
27 appropriations from the state general fund for the state and Medicaid community-
28 based developmental services below the amount of state general fund appropriations
29 for the 2006-2007 Fiscal Year.
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1 (3)D. For the purposes of this Section "waiver services" means Medicaid
2 services provided under the New Opportunities Waiver, the Children's Choice
3 Waiver, or any other Medicaid home and community-based waiver for persons with
4 developmental disabilities as promulgated by rule by the Louisiana Department of
5 Health.
6 Section 2. The Louisiana State Law Institute is hereby directed to change the name
7 of the Community and Family Support System Fund to the Disability Services Fund
8 wherever it may appear in law.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
SB 260 Engrossed 2022 Regular Session Hewitt
Present law creates the Community and Family Support System Fund in the state treasury.
Proposed law changes the name of the fund from the Community and Family Support
System Fund to the Disability Services Fund.
Present law provides that subject to annual appropriation by the legislature, the monies in
the fund shall be used solely to improve the capacity of the state to meet the varying and
complex needs of individuals with developmental disabilities, with emphasis on increasing
the number of recipients of waiver services and that no less than 50% of the proceeds of the
fee assessed pursuant to present law on the gross sales of therapeutic marijuana, deposited
into the fund shall be used to provide funding for the Early Steps intervention program for
infants and toddlers with disabilities and their families as established in present law.
Proposed law amends present law to create three separate accounts within the fund and
provide for the use of each account.
Proposed law establishes one account within the fund containing the monies attributable to
the sale or lease of previous Office for Citizens with Developmental Disabilities (OCDD)
properties, movable and immovable, to be used to improve the capacity of the state to meet
the needs of individuals with developmental disabilities, with emphasis on increasing the
number of recipients of waiver services.
Proposed law establishes one account containing the monies attributable to one-half of the
proceeds of the fee assessed pursuant to present law on the gross sales of therapeutic
marijuana, to be used to provide funding for the Early Steps program.
Proposed law establishes one account containing one-half of the monies attributable to the
fee assessed on therapeutic marijuana sales and all of the proceeds of the taxes levied on
sports wagering to be used to support and enhance developmental disabilities services within
the Medicaid program or OCDD.
Present law provides that for purposes of present law "waiver services" means Medicaid
services provided under the New Opportunities Waiver, the Children's Choice Waiver, or
any other Medicaid home and community based waiver for persons with developmental
disabilities as promulgated by the Dept. of Health and Hospitals, now known as the La. Dept.
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Coding: Words which are struck through are deletions from existing law;
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of Hospitals. Proposed law retains present law.
Effective August 1, 2022.
(Amends R.S. 28:826)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original
bill
1. Makes technical corrections to the existing statute and to incorporate the
proposed new law into the existing law.
2. Establishes separate accounts within the fund and provides for the use of
each account.
3. One account containing the monies attributable to the sale or lease of
previous OCDD properties, movable and immovable, to be used to improve
the capacity of the state to meet the needs of individuals with developmental
disabilities, with emphasis on increasing the number of recipients of waiver
services.
4. One account containing the monies attributable to one-half of the proceeds
of the 7% fee assessed on the gross sales of therapeutic marijuana to be used
to provide funding for the Early Steps program.
5. One account containing the other half of the monies attributable to the fee
assessed on therapeutic marijuana sales and all proceeds of the taxes levied
on sports wagering to be used to support and enhance developmental
disabilities services within the Medicaid program or OCDD.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.