HLS 11RS-310 REENGROSSED 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 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 * * *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 (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 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. * * *1 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 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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.