Louisiana SB 189: FUNDS/FUNDING: Creates special funds for the deposit of certain federal monies in the state treasury. (gov sig) (EN +$811,178,704 SD EX See Note)

Bill Text

2020 Regular Session ENROLLED
SENATE BILL NO. 189
BY SENATORS WHITE AND CLOUD
1 AN ACT
2 To enact Subpart M of Part II-A of Chapter 1 of Subtitle 1 of Title 39 of the Louisiana
3 Revised Statutes of 1950, to be comprised of R.S. 39:100.41 through 100.47 and R.S.
4 47:1508(B)(43), relative to special funds; to create special funds for the deposit of
5 certain federal monies; to create the Coronavirus Local Recovery Allocation Fund,
6 the Louisiana Main Street Recovery Fund, and the State Coronavirus Relief Fund;
7 to create and to provide relative to the Coronavirus Local Recovery Allocation
8 Program and the Louisiana Main Street Recovery Programs relative to the use of
9 monies in the funds; to provide relative to the allocation, use, and disbursement of
10 the monies in the funds; to provide relative to the powers and duties of the
11 commissioner of administration, the Governor's Office of Homeland Security and
12 Emergency Preparedness, the treasurer, and the legislative auditor with respect to
13 such monies; to provide for legislative intent; to provide for the dedication of certain
14 revenues and for the deposit of and use of monies in the fund; to provide for an
15 effective date; and to provide for related matters.
16 Be it enacted by the Legislature of Louisiana:
17 Section 1. Subpart M of Part II-A of Chapter 1 of Subtitle 1 of Title 39 of the
18 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.41 through 100.47, are hereby
19 enacted to read as follows:
20 SUBPART M. COVID -19 DISASTER FUNDS
21 §100.41. Legislative Intent
22 It is the intent of the Legislature to provide economic support to
23 Louisiana political subdivisions and businesses for costs incurred for and
24 continued response to the Coronavirus disease (COVID-19) pandemic from
25 federal funds provided pursuant to Section 5001 of the CARES Act, which
ACT No. 311
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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. 189 ENROLLED
1 created the Coronavirus Relief Fund from which the State received over one
2 billion eight hundred million dollars (CARES Act), of which the State's portion
3 is over nine hundred ninety-one million dollars. The State desires to use a
4 portion of the remaining portion of the CARES Fund monies in the amount of
5 five hundred eleven million one hundred seventy-eight thousand seven hundred
6 four dollars for economic support through the Coronavirus Local Recovery
7 Program for local government units to be administered by the division of
8 administration and the Governor's Office of Homeland Security and
9 Emergency Preparedness. The State further desires to use a portion of the
10 CARES Fund monies in the amount of three hundred million dollars for the
11 Louisiana Main Street Recovery Program for economic support for eligible
12 businesses to be administered by the State Treasurer, all as established in this
13 Subpart.
14 §100.42. Definitions
15 For the purposes of this Subpart, the following terms shall have the
16 following meanings:
17 (1) "Allocation Fund" shall mean the Coronavirus Local Recovery
18 Allocation Fund.
19 (2) "Allocation Program" shall mean the Local Recovery Allocation
20 Program administered by the commissioner of administration and GOHSEP.
21 (3) "CARES Act" shall mean the Coronavirus Aid, Relief, and Economic
22 Security Act, Public Law 116-136 and any guidance or regulations issued by the
23 United State Treasury as of the date of this Act or thereafter relative to the
24 CARES Act.
25 (4) "CARES Fund" for the purposes of this Subpart, shall mean the
26 monies received by the state from the federal government pursuant to the
27 CARES Act for in the amount of one billion eight hundred two million six
28 hundred nineteen thousand three hundred forty-two dollars.
29 (5) "Commissioner" shall mean the Commission of the division of
30 administration of the State.
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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. 189 ENROLLED
1 (6) "COVID-19" means the Coronavirus disease 2019.
2 (7) "Eligible business" means a for profit corporation, a limited liability
3 company, a partnership, or a sole proprietorship that meets all of the following
4 criteria:
5 (a) Was domiciled in Louisiana as of March 1, 2020.
6 (b) Is in good standing with the Secretary of State, if applicable.
7 (c) Suffered an interruption of business caused by forced or voluntary
8 closures or restricted operations due to social distancing measures, decreased
9 customer demand, cleaning or disinfection expenses, and providing personal
10 protective equipment.
11 (d) Has at least fifty percent owned by one or more Louisiana residents,
12 whether individual resident citizens or Louisiana domestic business entities.
13 (e) Filed Louisiana taxes for tax year 2018 or 2019, or, if an eligible
14 business formed on or after January 1, 20