Louisiana 2011 Regular Session

Louisiana House Bill HB125 Latest Draft

Bill / Engrossed Version

                            HLS 11RS-310	REENGROSSED
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Regular Session, 2011
HOUSE BILL NO. 125
BY REPRESENTATIVES FOIL, CARTER, HONORE, AND MICHAEL JACKSON
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
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B.(1)13
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(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
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(b)(i) Except as provided in Item (ii) of this Subparagraph and Subsection19
D of this Section, the franchise fee paid pursuant to R.S. 27:91(C)(1) to the state20
general fund.21 HLS 11RS-310	REENGROSSED
HB NO. 125
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(ii) Nine percent of the franchise fee paid pursuant to R.S. 27:91(C)(1) which1
is attributable to any riverboat gaming licensee operating outside of East Baton2
Rouge Parish or operating in East Baton Rouge Parish prior to July 1, 2011, which3
pays additional franchise fees pursuant to the provisions of R.S. 27:91(C)(2) through4
(4) to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7.5
Nine percent of the franchise fee paid pursuant to R.S. 27:91(C)(1) which is6
attributable to any riverboat gaming licensee operating in East Baton Rouge Parish7
beginning on or after July 1, 2011, and which pays additional franchise fees pursuant8
to the provisions of R.S. 27:91(C)(2) through (4), to the East Baton Rouge Parish9
Higher Education Improvement Fund, as provided in Subsection D of this Section.10
(iii) Nine percent of the license fee paid pursuant to R.S. 27:91(B)(2) which11
is attributable to any riverboat gaming licensee operating outside of East Baton12
Rouge Parish or operating in East Baton Rouge Parish prior to July 1, 2011, which13
pays additional franchise fees pursuant to the provisions of R.S. 27:91(C)(2) through14
(4) to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7.15
Nine percent of the license fee paid pursuant to R.S. 27:91(B)(2) which is16
attributable to any riverboat gaming licensee operating in East Baton Rouge Parish17
beginning on or after July 1, 2011, and which pays additional franchise fees pursuant18
to the provisions of R.S. 27:91(C)(2) through (4), to the East Baton Rouge Parish19
Higher Education Improvement Fund, as provided in Subsection D of this Section.20
(iv) The franchise fees paid pursuant to R.S. 27:91(C)(2) through (4) by any21
riverboat gaming licensee operating outside of East Baton Rouge Parish or operating22
in East Baton Rouge Parish prior to July 1, 2011, to the Support Education in23
Louisiana First Fund as provided in R.S. 17:421.7.  The franchise fees paid pursuant24
to R.S. 27:91(C)(2) through (4) by any riverboat gaming licensee beginning25
operations in East Baton Rouge Parish on or after July 1, 2011, to the East Baton26
Rouge Parish Higher Education Improvement Fund, as provided in Subsection D of27
this Section.28 HLS 11RS-310	REENGROSSED
HB NO. 125
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are additions.
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D.(1) There is hereby created in the state treasury a special fund to be known2
as the East Baton Rouge Parish Higher Education Improvement Fund, hereinafter3
referred to as the "fund".4
(2) The monies in the East Baton Rouge Parish Higher Education5
Improvement Fund shall be appropriated each fiscal year by the legislature solely to6
support institutions of higher learning located in East Baton Rouge Parish by7
appropriating to the following foundations as follows:8
(a) Forty-five percent of the monies in the fund shall be appropriated to the9
LSU Foundation.10
(b) Forty-five percent of the monies in the fund shall be appropriated to the11
Southern University System Foundation.12
(c) Five percent of the monies in the fund shall be appropriated to the Baton13
Rouge Community College Foundation, Inc.14
(d) Five percent of the monies in the fund shall be appropriated to the15
Pennington Biomedical Research Foundation.16
(3) All unexpended and unencumbered monies in the fund shall remain in17
the fund.  The monies in the fund shall be invested by the treasurer in the same18
manner as the monies in the state general fund, and all interest earned shall be19
deposited into the fund.20
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.
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: HLS 11RS-310	REENGROSSED
HB NO. 125
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(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)45% to the LSU Foundation.
(2)45% to the Southern University System Foundation.
(3)5% to the Baton Rouge Community College Foundation, Inc.
(4)5% 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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
engrossed bill.
1. Changed allocations to the various foundations.