2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:100.44.1. Louisiana Main Street Recovery Program; Louisiana Rescue Plan Funds; Loggers Relief; Save Our Screens

RS 39:100.44.1 - Louisiana Main Street Recovery Program; Louisiana Rescue Plan Funds; Loggers Relief; Save Our Screens
A. Notwithstanding the provisions of R.S. 39:100.44, the treasurer shall administer the Louisiana Main Street Recovery Program for grants to the Louisiana Loggers Relief Program and the Louisiana Save Our Screens Program as provided in this Section. The treasurer may utilize up to five percent of the monies in the Louisiana Main Street Recovery Rescue Plan Fund for administration of the programs. Notwithstanding any provision of law to the contrary, the treasurer may enter into consulting services, professional services, and information and technology services contracts for the purpose of the procurement of any goods or services necessary to implement and expedite the distribution of funds as emergency procurements exempt from the provisions of the Louisiana Procurement Code and corresponding rules and regulations. The cost of such contracts shall be considered administrative expenses.
B. Any business receiving funding from a program within the Louisiana Main Street Recovery Program pursuant to this Section shall meet the following criteria:
(1) Had a physical and active operation in Louisiana as of March 1, 2020.
(2)(a) For movie theaters, had fifty or fewer full-time equivalent employees per location as of March 1, 2020.
(b) For other businesses, had fifty or fewer full-time equivalent employees as of March 1, 2020.
(3) Filed Louisiana taxes for tax years 2019 and 2020.
(4)(a) For movie theaters, experienced a revenue loss of ten percent or greater of gross revenue for the period of January 1, 2020, through December 31, 2020, as compared to the gross revenue of the business during the same period in 2019.
(b) For loggers, experienced a revenue loss of gross revenue for the period of January 1, 2020, through December 31, 2020, as compared to the gross revenue of the business during the same period in 2019.
(5) Is in good standing with the secretary of state.
(6) Does not exist for the purpose of advancing partisan political activity.
(7) Does not directly lobby federal or state officials.
(8) Does not derive income from passive investments without active participation in business operations.
C. Any grant award received pursuant to this Section combined with any monies received pursuant to the Louisiana Main Street Recovery Program as provided in R.S. 39:100.44, United States Small Business Administration-Guaranty Paycheck Protection Program loan, and United States Small Business Administration Economic Injury Disaster Loan Emergency Advance shall not exceed the amount of revenue loss experienced by the business for the period of January 1, 2020, through December 31, 2020.
D.(1) Priority shall be given to businesses that previously submitted applications to the Louisiana Main Street Recovery Program as provided in R.S. 39:100.44 but whose applications were not considered due to exhaustion of monies in the Louisiana Main Street Recovery Fund.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, priority shall be given to timber harvesting and timber handling businesses that previously submitted applications to the Louisiana Main Street Recovery Program as provided in R.S. 39:100.44 but whose applications were denied.
E.(1) The Louisiana Loggers Relief Program shall have priority for ten million dollars of the money granted by the Louisiana Main Street Recovery Program.
(2) Grants shall be distributed to eligible timber harvesting and timber hauling businesses impacted by COVID-19. Any grant received pursuant to this Subsection shall not exceed twenty-five thousand dollars per business. In addition to the criteria provided in Subsection B of this Section, a timber harvesting or timber hauling business shall meet all of the following criteria to be eligible to receive a grant:
(a) Is classified as one of the following Internal Revenue Service Principal Business Activity Codes:
(i) 113000, 113110, 113210, 113310, or 115310.
(ii) 484110, 484120, 484200, or 484220.
(b) Is headquartered in Louisiana.
(c) Is not a subsidiary of a business with more than fifty full-time equivalent employees, is not part of a larger business enterprise with more than fifty full-time equivalent employees, and is not owned by a business with more than fifty full-time equivalent employees.
F. The Louisiana Save Our Screens Program shall have priority for four million five hundred thousand dollars of the money granted by the Louisiana Main Street Recovery Program. Grants shall be distributed to eligible movie theater businesses impacted by COVID-19. Any grant received pursuant to this Subsection shall not exceed ten thousand dollars per movie screen located in Louisiana. Theaters with corporate ownership based outside of Louisiana shall use funds received pursuant to this Subsection for Louisiana-based screens and operations. In addition to the criteria provided in Subsection B of this Section, a business shall meet all of the following criteria to be eligible to receive a grant:
(1) Is a movie theater that has at least one permanent indoor auditorium for viewing films for entertainment by the general public who attend by the purchase of an individual ticket to view a specific non-adult-oriented film.
(2) Conducted regularly scheduled screenings in Louisiana in calendar year 2019.
(3) Is currently open and actively operating as of the effective date of this Section.
(4) Was subject to limitations or restrictions as a result of Proclamation Number 25 JBE 2020 or any subsequent gubernatorial proclamations related to COVID-19.
G. The theater receiving the grant shall be the entity holding the occupational license for the physical location of the applicable auditorium.
H.(1) There is hereby created in the state treasury, as a special fund, the Louisiana Main Street Recovery Rescue Plan Fund, hereinafter referred to in this Section as the "fund". The treasurer is hereby authorized and directed to transfer fourteen million five hundred thousand dollars from the Louisiana Rescue Plan Fund into the fund. Of the monies in the fund, ten million dollars shall be used for economic support grants to eligible Louisiana timber harvesting and timber hauling businesses and four million five hundred thousand dollars shall be used for economic support grants to eligible movie theater owners in accordance with the provisions of the Louisiana Main Street Recovery Program as provided in this Section.
(2) Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on the investment of monies in the fund shall be deposited in and credited to the fund.
(3) Any remaining balance in the fund on June 30, 2024, shall be transferred to the Louisiana Rescue Plan Fund.
I. The legislative auditor shall consult with and provide to the treasurer recommendations about requirements necessary for eligibility criteria and verification of such criteria for the programs in this Section.
J.(1) For the Louisiana Loggers Relief Program, no grants shall be awarded pursuant to this Section after December 31, 2022.
(2) For the Louisiana Save Our Screens Program, no grants shall be awarded pursuant to Subsection F of this Section after January 30, 2022. In the event that monies allocated in the Louisiana Main Street Recovery Rescue Plan Fund for the Louisiana Save Our Screens Program are available after January 30, 2022, supplemental grants shall be awarded on a pro-rata, per-screen basis to all movie theater businesses that applied for a grant on or before January 30, 2022. For the Louisiana Save Our Screens Program, no supplemental grants shall be awarded pursuant to this Subsection after December 31, 2022.
K. Notwithstanding any other provision of this Section to the contrary, three million dollars from the money granted to the Louisiana Loggers Relief Program pursuant to Paragraph (E)(1) of this Section shall be deposited into the Louisiana Agriculture Transportation Group Self-Insured Fund in furtherance of supply chain resiliency, and the remaining money allocated to the Louisiana Loggers Relief Program shall be granted pursuant to the requirements provided in Paragraph (E)(2) of this Section.
Acts 2021, No. 410, §1, eff. June 17, 2021; Acts 2022, No. 497, §1, eff. June 16, 2022; Acts 2022, No. 497, §2, eff. June 18, 2022; Acts 2023, No. 410, §4, eff. June 15, 2023.