HLS 11RS-310 ORIGINAL Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2011 HOUSE BILL NO. 125 BY REPRESENTATIVE FOIL Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. TAX/GAMING: Dedicates a portion of state revenues from gaming activities conducted on riverboats in East Baton Rouge Parish to specific entities AN ACT1 To amend and reenact R.S. 27:92(B)(2)(b) and to enact R.S. 27:92(D), relative to the2 collection and disposition of fees from the conduct of gaming activities on a3 riverboat; to dedicate a portion of fees collected from certain riverboats operating4 within East Baton Rouge Parish; to establish the East Baton Rouge Parish Higher5 Education Improvement Fund as a special treasury fund; and to provide for related6 matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 27:92(B)(2)(b) is hereby amended and reenacted and R.S. 27:92(D)9 is hereby enacted to read as follows: 10 §92. Collection and disposition of fees11 * * *12 B.(1)13 * * *14 (2) After complying with the provisions of Paragraph (1) of this Subsection,15 the state treasurer shall, each fiscal year, credit the following amounts to the16 following funds:17 * * *18 HLS 11RS-310 ORIGINAL HB NO. 125 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b)(i) Except as provided in Item (ii) of this Subparagraph and Subsection1 D of this Section, the franchise fee paid pursuant to R.S. 27:91(C)(1) to the state2 general fund.3 (ii) Nine percent of the franchise fee paid pursuant to R.S. 27:91(C)(1) which4 is attributable to any riverboat gaming licensee operating outside of East Baton5 Rouge or operating in East Baton Rouge Parish prior to July 1, 2011, which pays6 additional franchise fees pursuant to the provisions of R.S. 27:91(C)(2) through (4)7 to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7. Nine8 percent of the franchise fee paid pursuant to R.S. 27:91(C)(1) which is attributable9 to any riverboat gaming licensee operating in East Baton Rouge Parish beginning on10 or after July 1, 2011, and which pays additional franchise fees pursuant to the11 provisions of R.S. 27:91(C)(2) through (4), to the East Baton Rouge Parish Higher12 Education Improvement Fund, as provided in Subsection D of this Section. 13 (iii) Nine percent of the license fee paid pursuant to R.S. 27:91(B)(2) which14 is attributable to any riverboat gaming licensee operating outside of East Baton15 Rouge Parish or operating in East Baton Rouge Parish prior to July 1, 2011, which16 pays additional franchise fees pursuant to the provisions of R.S. 27:91(C)(2) through17 (4) to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7.18 Nine percent of the license fee paid pursuant to R.S. 27:91(B)(2) which is19 attributable to any riverboat gaming licensee operating in East Baton Rouge Parish20 beginning on or after July 1, 2011, and which pays additional franchise fees pursuant21 to the provisions of R.S. 27:91(C)(2) through (4), to the East Baton Rouge Parish22 Higher Education Improvement Fund, as provided in Subsection D of this Section.23 (iv) The franchise fees paid pursuant to R.S. 27:91(C)(2) through (4) by any24 riverboat gaming licensee operating outside of East Baton Rouge Parish or operating25 in East Baton Rouge Parish prior to July 1, 2011, to the Support Education in26 Louisiana First Fund as provided in R.S. 17:421.7. The franchise fees paid pursuant27 to R.S. 27:91(C)(2) through (4) by any riverboat gaming licensee beginning28 operations in East Baton Rouge Parish on or after July 1, 2011, to the East Baton29 HLS 11RS-310 ORIGINAL HB NO. 125 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Rouge Parish Higher Education Improvement Fund, as provided in Subsection D of1 this Section.2 * * *3 D.(1) There is hereby created in the state treasury a special fund to be known4 as the East Baton Rouge Parish Higher Education Improvement Fund, hereinafter5 referred to as the "fund".6 (2) The monies in the East Baton Rouge Parish Higher Education7 Improvement Fund shall be appropriated each fiscal year by the legislature solely to8 support institutions of higher learning located in East Baton Rouge Parish by9 appropriating to the following foundations as follows:10 (a) Seventy percent of the monies in the fund shall be appropriated to the11 LSU Foundation.12 (b) Sixteen percent of the monies in the fund shall be appropriated to the13 Southern University System Foundation.14 (c) Seven percent of the monies in the fund shall be appropriated to the15 Baton Rouge Community College Foundation, Inc.16 (d) Seven percent of the monies in the fund shall be appropriated to the17 Pennington Biomedical Research Foundation.18 (3) All unexpended and unencumbered monies in the fund shall remain in19 the fund. The monies in the fund shall be invested by the treasurer in the same20 manner as the monies in the state general fund, and all interest earned shall be21 deposited into the fund.22 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)] Foil HB No. 125 Abstract: Dedicates proceeds from new riverboat gaming operations in East Baton Rouge Parish that would go to the SELF Fund to the newly created East Baton Rouge Parish Higher Education Improvement Fund. The new fund supports foundations of public institutions of higher learning located in the parish. HLS 11RS-310 ORIGINAL HB NO. 125 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Present law requires that certain licenses and fees to riverboat gaming licensees be deposited into the Support Education in Louisiana First Fund (the SELF Fund). The riverboat gaming fees deposited into the SELF Fund are: (1)9% of the franchise fee of 15% of net gaming proceeds. (R.S. 27:91(C)(1)) (2)9% of the license fee of 3-½% of net gaming proceeds. (R.S. 27:91(B)(2)) (3)All of the franchise fee of up to 3% of net gaming proceeds. (R.S. 27:91(C)(2)-(4)) Proposed law retains present law for riverboat gaming licensees operating riverboats outside of East Baton Rouge Parish and operating in East Baton Rouge Parish prior to July 1, 2011. Provides that monies for riverboat gaming licensees beginning operations in East Baton Rouge Parish on or after July 1, 2011, be deposited into the East Baton Rouge Parish Higher Education Improvement Fund. Proposed law establishes the East Baton Rouge Parish Higher Education Improvement Fund as a special treasury fund (the fund). The monies in the fund shall be appropriated each fiscal year by the legislature solely to support institutions of higher learning located in East Baton Rouge Parish by appropriating to the following foundations as follows: (1)70% to the LSU Foundation. (2)16% to the Southern University System Foundation. (3)7% to the Baton Rouge Community College Foundation, Inc. (4)7% to Pennington Biomedical Research Foundation. All unexpended and unencumbered monies in the fund shall remain in the fund. The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned shall be deposited into the fund. (Amends R.S. 27:92(B)(2)(b); Adds R.S. 27:92(D))