ENROLLED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. VETOED Click here for 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 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored 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 CODING: Words in struck through type are deletions from existing law; words underscored 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.