Louisiana 2010 2010 Regular Session

Louisiana House Bill HB334 Engrossed / Bill

                    HLS 10RS-1057	REENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 334
BY REPRESENTATIVE LEGER
GAMING/REVENUE:  Provides relative to the casino support services contract
AN ACT1
To amend and reenact R.S. 27:247 and 270(A)(3)(a), relative to the casino support services2
contract; to provide for the funding of such contract; to establish the Casino Support3
Services Fund as a special treasury fund; to provide for an effective date; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 27:247 and 270(A)(3)(a) are hereby amended and reenacted to read7
as follows: 8
§247.  Casino support services contract; Casino Support Services Fund9
A. Subject to and in accordance with the provisions of this Chapter, the10
gaming control board shall enter into a casino support services contract with the11
governing authority of the parish where the official gaming establishment is located12
in order to compensate the parish on a quarterly basis for the cost to the parish for13
providing support services resulting from the operation of the official gaming14
establishment and the activities therein. Support services as used in this Section15
shall include but not be limited to fire, police, sanitation, health, transportation, and16
traffic services. The amount of the contract shall be determined by negotiation and17
agreement between the gaming control board and the parish, subject to approval by18
the Joint Legislative Committee on the Budget. In the event that a new contract is19
not agreed upon by the gaming control board and the parish by March thirty-first of20
any year, the contract currently in effect shall be submitted to the Joint Legislative21
Committee on the Budget for approval of the amount of the contract at the next22 HLS 10RS-1057	REENGROSSED
HB NO. 334
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meeting of the committee.  If the committee approves 	or does not act upon the1
amount of the contract, the contract shall remain in full force and effect.  If the2
committee disapproves or does not act upon the amount of the contract, the contract3
shall be null, void, and of no effect.4
B.(1) There is hereby created in the state treasury, as a special fund, the5
Casino Support Services Fund, hereinafter referred to as the "fund", to provide6
compensation to the parish governing authority pursuant to a casino support services7
contract executed pursuant to Subsection A of this Section.8
(2) Monies in the fund shall be invested in the same manner as monies in the9
general fund.  Interest earned on investment of monies in the fund shall be credited10
to the fund.  Unexpended and unencumbered monies in the fund at the end of the11
fiscal year shall remain in the fund.12
(3) The state treasurer is directed to deposit into the fund at the beginning of13
each fiscal year an amount equal to the amount of the compensation provided14
pursuant to the casino support services contract most recently approved by the Joint15
Legislative Committee on the Budget from the net revenues from casino gaming16
operations as provided by R.S. 27:270(A)(3)(a). Monies in the fund shall be17
appropriated, administered, and used solely as provided in Subsection C of this18
Section.19
C. Monies in the fund shall be appropriated to the parish governing authority20
and used to compensate the parish on a quarterly basis for the cost to the parish of21
providing support services resulting from the operation of the official gaming22
establishment and the activities therein.23
*          *          *24
§270. Deposit of revenues; expenditures and investments authorized; transfer of25
revenues to state treasury; corporation operating account; audit of26
corporation books and records; audits27
A.28
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HB NO. 334
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(3)(a) Daily, the corporation shall transfer to the state treasury for deposit1
into certain funds in the treasury, as provided in this Paragraph, the amount of net2
revenues which the corporation determines are surplus to its needs. After first being3
credited to the Bond Security and Redemption Fund in accordance with Article VII,4
Section 9(B) of the Constitution of Louisiana, and after satisfying any other5
requirements of the Constitution and laws of Louisiana, such net revenues shall be6
deposited as follows:7
(i)  Ten percent shall be deposited in and credited to the Support Education8
in Louisiana First Fund as provided in R.S. 17:421.7 and shall be used solely and9
exclusively for the same purposes provided for in Paragraph (B)(1) of that Section.10
All such net revenues shall be deposited in and credited to the Support Education in11
Louisiana First Fund as provided in R.S. 17:421.7 until the fund balance is sufficient12
to fully fund appropriations from that fund for the current fiscal year.13
(ii) After satisfying the requirements of Item (i) of this Paragraph, all such14
net revenues shall be deposited in and credited to the Casino Support Services Fund15
as provided in R.S. 27:247, not to exceed the amount required to fully fund the16
casino support services contract most recently approved by the Joint Legislative17
Committee on the Budget.18
(iii) Ninety percent The remainder shall be deposited in and credited to the19
Support Education in Louisiana First Fund as provided in R.S. 17:421.7.20
*          *          *21
Section 2. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 HLS 10RS-1057	REENGROSSED
HB NO. 334
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Leger	HB No. 334
Abstract: Creates the Casino Support Services Fund and dedicates the amount required to
fund the most recently approved casino support services contract. Additionally
deletes present law nullifying the most recent casino support services contract if no
action is taken by the Joint Legislative Committee on the Budget.  
Present law provides that the gaming control board and the parish governing authority shall
enter into a casino support services contract to compensate the governing authority for
support services resulting from operation of the land-based casino. Requires approval of the
Joint Legislative Committee on the Budget (JLCB).  If a new contract is not agreed to by
March 31, the contract currently in effect shall remain in full force and effect.  If the JLCB
approves the contract, it shall remain in full force and effect.
Proposed law retains present law.
Present law provides that if the JLCB disapproves or does not act upon the amount of the
contract, it shall be nullified.
Proposed law provides that if JLCB does not approve the amount of the contract, the prior
contract shall remain in full force and effect. Retains present law nullifying the contract if
it is disapproved by the JLCB.
Proposed law establishes the Casino Support Services Fund as a special treasury fund to
provide compensation to the parish governing authority pursuant to a casino support services
contract. The state treasurer is directed to deposit at the beginning of the fiscal year an
amount equal to the amount of the most recently approved casino support services contract
from net revenues from the land-based casino as provided in proposed law.
Proposed law provides that monies in the fund shall be appropriated to the parish governing
authority and used to compensate the parish on a quarterly basis for the cost to the parish of
providing support services resulting from the operation of the official gaming establishment
and the activities therein.
Present law provides that, of net revenues received from the land-based casino, up to
$500,000 shall be deposited into the Compulsive and Problem Gaming Fund. Provides that
the remainder of net revenues to be deposited to the state treasury shall be deposited as
follows:
(1)10% shall be deposited in and credited to the Support Education in La. First (SELF)
Fund, to be used to provide the increase in salary of certain public pre-K through
12th grade certificated personnel and other public pre-K through 12th grade
classroom  teachers as provided in present law.
(2)90% to the SELF Fund.
Proposed law deletes present law and instead provides that net revenues be deposited as
follows:
(1)All net revenues shall deposited into the SELF Fund until the fund balance is
sufficient to fully fund appropriations from the SELF Fund in the current fiscal year. HLS 10RS-1057	REENGROSSED
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(2)After the requirements of (1) are satisfied, all net revenues shall be deposited into the
Casino Support Services Fund, not to exceed the amount required to fully fund the
casino support services contract most recently approved by the JLCB.
(3)Any net revenues remaining after satisfying the requirements of (1) and (2) shall be
deposited into the SELF Fund.
Present law established the SELF Fund. Provides that certain riverboat gaming franchise
fees and casino net revenues shall be used and expended solely as follows:
(1)70% percent of the monies in the fund shall be used to provide an increase in the
salary of certain pre-K through 12th grade certificated personnel and for other public
pre-kindergarten through 12th grade classroom teachers in FY 2001-2002 and
annually to support such increase.
(2)30% of the monies in the fund shall be used to provide public postsecondary
education faculty salary increases, including related benefits, to be distributed in
accordance with a plan developed jointly by the Board of Regents and the Division
of Administration in FY 2001-2002 and annually to support such increase.
Proposed law retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 27:247 and 270(A)(3)(a))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
original bill.
1. Added requirement that deposits into the Casino Support Services Fund come
from net revenues received by the state from the land-based casino.
2. Changed provisions requiring deposits of net revenues from the land-based
casino into the SELF Fund and permitting the deposit of certain net revenues into
the Casino Support Services Fund instead of the SELF Fund.
House Floor Amendments to the engrossed  bill.
1. Changed effectiveness from July 1, 2010, to signature of the governor or lapse
of time for gubernatorial action.