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Regular Session, 2010
SENATE BILL NO. 471
BY SENATOR MICHOT
FUNDS/FUNDING. Provides for the deposit and use of certain state treasury funds.
(gov sig)
AN ACT1
To amend and reenact R.S. 30:2483(E) and 2484(A)(1) and (7) and to enact R.S. 30:2486(F)2
and Chapter 64 of Title 46 of the Louisiana Revised Statutes of 1950, to be3
comprised of R.S. 46:2901, relative to special treasury funds; to remove the cap on4
the Oil Spill Contingency Fund in certain circumstances; to provide for the use of5
monies in the Oil Spill Contingency Fund during declared emergencies or disasters;6
to provide for the collection of the oil spill contingency fee during declared7
emergencies or disasters; to create the Health Care Stabilization Fund; to provide for8
deposit of certain monies into the Health Care Stabilization Fund; to provide for the9
uses of monies in the Health Care Stabilization Fund; to provide for an effective10
date; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 30:2483(E) and 2484(A)(1) and (7) are hereby amended and13
reenacted and R.S. 30:2486(F) is hereby enacted to read as follows:14
§2483. Oil Spill Contingency Fund 15
* * *16
E. After compliance with the requirements of Article VII, Section 9(B) of the17 SB NO. 471
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Constitution of Louisiana relative to the Bond Security and Redemption Fund, and1
prior to monies being placed in the state general fund, an amount equal to that2
deposited, as required in Subsection D hereof, and monies appropriated by the3
legislature shall be credited to a special fund hereby created in the state treasury to4
be known as the "Oil Spill Contingency Fund". The monies in this fund shall be used5
solely as provided in this Section and only in the amounts appropriated by the6
legislature. All unexpended and unencumbered monies in this fund at the end of the7
fiscal year shall remain in the fund. The monies in this fund shall be invested by the8
state treasurer in the same manner as monies in the state general fund, and interest9
earned on the investment of these monies shall remain in the fund. Except as10
otherwise provided herein, the The balance of the fund shall not exceed thirty11
million dollars, exclusive of all fees, other than all fees collected pursuant to R.S.12
30:2485 and 2486, penalties, judgments, reimbursements, charges, interest, and13
federal funds collected pursuant to the provisions of this Chapter. As authorized by14
Article VII, Section 10.7(C) of the Constitution of Louisiana, the amount of15
monies in the fund shall not be limited to thirty million dollars during a16
declared state of emergency or disaster caused by an unauthorized discharge of17
oil.18
§2484. Uses of fund19
A. Money in the fund may be disbursed for the following purposes and no20
others:21
(1) Administrative and personnel expenses of the office of the coordinator,22
excluding those of the oil spill technical assistance program, not to exceed six23
hundred thousand dollars in any fiscal year; except that during a declared state of24
emergency or disaster caused by an unauthorized discharge of oil, more than25
six hundred thousand dollars in a fiscal year may be disbursed from the fund26
after approval of the commissioner of administration and the Joint Legislative27
Committee on the Budget.28
* * *29 SB NO. 471
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(7) Operating costs and contracts for response and prevention as provided in1
this Chapter, excluding operating costs and contracts where indicated of the oil spill2
technical assistance program, not to exceed six hundred thousand dollars in any3
fiscal year; except that during a declared state of emergency or disaster caused4
by an unauthorized discharge of oil, more than six hundred thousand dollars in5
a fiscal year may be disbursed from the fund after approval of the6
commissioner of administration and the Joint Legislative Committee on the7
Budget.8
* * *9
§2486. Determination of fee10
* * *11
F. Notwithstanding any other provision of law to the contrary, the12
amount of monies in the fund shall not be limited to seven million dollars during13
a declared state of emergency or disaster caused by an unauthorized discharge14
of oil.15
Section 2. Chapter 64 of Title 46 of the Louisiana Revised Statutes of 1950, to be16
comprised of R.S. 46:2901, is hereby enacted to read as follows: 17
CHAPTER 64. HEALTH CARE STABILIZATION FUND18
§2901. Health Care Stabilization Fund19
A. There is hereby established in the state treasury, as a special fund, the20
Health Care Stabilization Fund, hereinafter referred to as the "fund".21
B. The source of monies deposited into the fund shall be any monies22
appropriated annually by the legislature including donations, gifts, grants,23
federal funds, certified public expenditures, proceeds from non-governmental24
contributions programs, proceeds from intergovernmental transfer programs,25
or any other monies which may be provided by law. All unexpended and26
unencumbered monies in the fund at the end of the fiscal year shall remain in27
the fund. The monies in the fund shall be invested by the state treasurer in the28
same manner as monies in the state general fund, and interest earned on the29 SB NO. 471
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investment of monies shall be credited to the fund.1
C. The monies in the fund shall be appropriated and used solely for2
health care services provided via the Medicaid program operated by the3
Department of Health and Hospitals, including the maintenance of provider4
reimbursement rates, the payment of the costs to local governments for their5
participation in intergovernmental transfer programs that generate monies for6
deposit into this fund, and the reimbursement of any monies deposited into the7
fund as a result of overpayments of federal funds.8
Section 3. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jay R. Lueckel.
DIGEST
Michot (SB 471)
Present law provides for the statutory implementation of the constitutionally created Oil
Spill Contingency Fund. The purpose of the fund is to immediately provide available funds
for response to all threatened or actual unauthorized discharges of oil, for cleanup, and
removal costs from discharges of oil. Constitutional provisions limit the fund at $30 million,
unless otherwise provided by law.
Proposed law removes the $30 million limitation during a declared state of emergency or
disaster caused by an unauthorized discharge of oil.
Present law provides for use of monies in the fund for certain administrative and personnel
expenses of the office of the coordinator, not to exceed $600,000 in any fiscal year.
Proposed law allows for such expenditures exceeding this amount in the event of a declared
emergency or disaster which are approved by the commissioner of administration and the
Joint Legislative Committee on the Budget (JLCB).
Present law provides for use of monies in the fund for certain operating costs and contracts
for response and prevention not to exceed $600,000 in any fiscal year. Proposed law allows
for such expenditures exceeding this amount in the event of a declared emergency or disaster
which are approved by the commissioner of administration and the JLCB.
Present law provides for the determination of the fee based upon the balance in the fund.
Provides that collections of the fee cease when the balance in the fund reaches $7 million.
Proposed law removes the $7 million dollar limitation relative to fee collections during a
declared state of emergency or disaster. SB NO. 471
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Proposed law establishes the Health Care Stabilization Fund as a special fund in the state
treasury. Provides for the deposits of monies into the fund, including donations, gifts,
grants, federal funds, certified public expenditures, proceeds from non-governmental
contributions programs, proceeds from intergovernmental transfer programs, or any other
monies which may be provided by law.
Proposed law provides, subject to appropriation, for use of the use monies in the fund for
health care services provided via the Medicaid program operated by the Department of
Health and Hospitals, including the maintenance of provider reimbursement rates, the
payments of the costs to local governments for their participation in intergovernmental
transfer programs that generated monies for deposit into this fund, and the reimbursement
of any monies deposited into the fund as a result of over payments of federal funds.
Effective upon governor signature or lapse of time for gubernatorial action.
(Adds R.S. 46:2901)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original
bill.
1. Removes the overall $30 million cap on the Oil Spill Contingency Fund in
the event of a declared state of emergency or disaster caused by an
unauthorized discharge of oil as authorized by the constitution.
2. Allows certain administrative expenses and personnel expenses of the office
of the coordinator and operating costs and contracts for response and
prevention to exceed $600,000, respectively, in any fiscal year during a
declared oil discharge emergency if approved by the commissioner of
administration and the Joint Legislative Committee on the Budget.
3. Removes the $7 million limitation relative to fee collections during a
declared state of emergency or disaster.