Louisiana 2010 2010 Regular Session

Louisiana House Bill HB334 Enrolled / Bill

                    ENROLLED
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are additions.
VETOED
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Veto Message
Regular Session, 2010
HOUSE BILL NO. 334
BY REPRESENTATIVE LEGER
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
meeting of the committee. If the committee approves the amount of the contract, the23
contract shall remain in full force and effect.  If the committee disapproves or does24
not act upon the amount of the contract, the contract shall be null, void, and of no25 ENROLLEDHB NO. 334
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effect.  If the committee disapproves or does not act upon the amount of the contract1
and the contract is null, void, and no effect, the treasurer shall not deposit any monies2
into the fund.3
B.(1) There is hereby created in the state treasury, as a special fund, the4
Casino Support Services Fund, hereinafter referred to as the "fund", to provide5
compensation to the parish governing authority pursuant to a casino support services6
contract executed pursuant to Subsection A of this Section.7
(2) Monies in the fund shall be invested in the same manner as monies in the8
general fund.  Interest earned on investment of monies in the fund shall be credited9
to the fund. Unexpended and unencumbered monies in the fund at the end of the10
fiscal year shall remain in the fund.11
C. Monies in the fund shall be appropriated to the parish governing authority12
and used to compensate the parish on a quarterly basis for the cost to the parish of13
providing support services resulting from the operation of the official gaming14
establishment and the activities therein.15
*          *          *16
§270. Deposit of revenues; expenditures and investments authorized; transfer of17
revenues to state treasury; corporation operating account; audit of18
corporation books and records; audits19
A.20
*          *          *21
(3)(a) Daily, the corporation shall transfer to the state treasury for deposit22
into certain funds in the treasury, as provided in this Paragraph, the amount of net23
revenues which the corporation determines are surplus to its needs. After first being24
credited to the Bond Security and Redemption Fund in accordance with Article VII,25
Section 9(B) of the Constitution of Louisiana, and after satisfying any other26
requirements of the Constitution and laws of Louisiana, such net revenues shall be27
deposited as follows:28 ENROLLEDHB NO. 334
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are additions.
(i)  Ten percent shall be deposited in and credited to the Support Education1
in Louisiana First Fund as provided in R.S. 17:421.7 and shall be used solely and2
exclusively for the same purposes provided for in Paragraph (B)(1) of that Section.3
(ii)  Except in a year when the Joint Legislative Committee on the Budget4
disapproves or does not act upon the amount of the casino support services contract5
as provided in R.S. 27:747 and no revenues are required to be deposited in and6
credited to the Casino Support Services Fund, and after satisfying the requirements7
of Item (i) of this Paragraph, all such net revenues shall be deposited in and credited8
to the Casino Support Services Fund as provided in R.S. 27:247, not to exceed the9
amount required to fully fund the casino support services contract most recently10
approved by the Joint Legislative Committee on the Budget.11
(iii) Ninety percent The remainder shall be deposited in and credited to the12
Support Education in Louisiana First Fund as provided in R.S. 17:421.7.13
*          *          *14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:   Page 4 of 4
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are additions.
VETO MESSAGE
House Bill No. 334 creates the Casino Support Services Fund and dedicates certain
revenues to this new fund. Under House Bill No. 334, the casino support services fund
receives its full allocation from resources that would have been deposited in the Support
Education in Louisiana First Fund (SELF), which is used to fund salary expenses for pre-
K through 12th grade teachers and college faculty.
Efforts have been undertaken by the author and the Division of Administration to find
consensus with the bill language. Unfortunately, House Bill No. 334, as was reported
from the conference committee, will cause a $3.6 million shortfall in the FY11
appropriations for Higher Education and the MFP, diverting monies dedicated to salary
expenses for pre-K through 12th grade teachers and college faculty.  At a time of
declining revenues, we should be working together to increase our flexibility in the
budget process to protect education and health care instead of increasing the portion of
revenues that are dedicated.  
For these reasons, I have vetoed House Bill No. 334 and hereby return it to the House of
Representatives. There is merit to the author’s intent with this legislation; I remain open
to considering other alternatives next session.