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Regular Session, 2011
HOUSE BILL NO. 477
BY REPRESENTATIVE FANNIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FUNDS/FUNDING: Provides for the transfer and deposit of monies among state funds
AN ACT1
To enact Subpart R of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 39:100.131, and to repeal R.S.3
39:94(C)(4)(b), relative to state funds; to create the One Time Money Fund as a4
special treasury fund; to repeal certain prohibitions on appropriations or deposits5
into the Budget Stabilization Fund; to provide for the transfer, dedication, use, and6
appropriations as specified of certain treasury funds; to provide for the deposit of7
certain funds into the state treasury; to provide for effective dates; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Subpart R of Part II-A of Chapter 1 of Subtitle I of Title 39 of the11
Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.131, is hereby enacted to read12
as follows:13
SUBPART R. ONE TIME MONEY FUND14
§100.131. One Time Money Fund15
A. There is hereby established in the state treasury, as a special fund, the One16
Time Money Fund, hereinafter referred to as the "fund".17
B. The source of monies deposited into the fund shall be one time money.18
The treasurer shall deposit into the fund one time money as defined in Subsection D19
of this Section. All unexpended and unencumbered monies in the fund at the end of20 HLS 11RS-516 REENGROSSED
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the fiscal year shall remain in the fund. The monies in the fund shall be invested by1
the state treasurer in the same manner as monies in the state general fund, and2
interest earned on the investment of monies shall be credited to the fund.3
C. The monies in the fund shall be appropriated and used solely for the4
following purposes:5
(1) Retiring or the defeasance of bonds in advance or in addition to the6
existing amortization requirements of the state.7
(2) Providing for payments against the unfunded accrued liability of the8
public retirement systems which are in addition to any payments required for the9
annual amortization of the unfunded accrued liability of the public retirement10
systems, as required by Article X, Section 29(E)(2)(c) of the Constitution of11
Louisiana; however, any such payments to the public retirement systems shall not12
be used, directly or indirectly, to fund cost-of-living increases for such systems.13
(3) Providing funding for capital outlay projects in the comprehensive state14
capital budget.15
(4) Providing for allocation or appropriation for deposit into the Budget16
Stabilization Fund established in Article VII, Section 10.3 of the Constitution of17
Louisiana.18
(5) Providing for allocation or appropriation for deposit into the Coastal19
Protection and Restoration Fund established in Article VII, Section 10.2 of the20
Constitution of Louisiana.21
(6) Providing for new highway construction for which federal matching22
funds are available, without excluding highway projects otherwise eligible as capital23
projects under provisions of the Constitution of Louisiana.24
D. For the purposes of this Subpart, "one time money" means money in the25
state general fund from one time transactions, but not recognized as nonrecurring26
revenue by the Revenue Estimating Conference, including but not limited to court27
settlements, the sale of state facilities, and the privatization of state operations.28 HLS 11RS-516 REENGROSSED
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Section 2. Notwithstanding any provision of law to the contrary, the treasurer is1
authorized and directed to transfer the following amounts into the Overcollections Fund from2
the funds specified below:3
(1) Five Million Five Hundred Ninety-Three Thousand Nine Hundred Seventy-Eight4
Dollars from the Louisiana Fire Marshal Fund.5
(2) Fifty Thousand Dollars from the Incentive Fund.6
(3) One Hundred Eighteen Million Eight Hundred Sixty-Eight Dollars, or as much7
as may be available, from the State General Fund (Direct).8
Section 3. Notwithstanding any provision of law to the contrary, the treasurer is9
authorized and directed to transfer Ninety-Seven Million Two Hundred Forty-Six Thousand10
Five Hundred Twelve Dollars from fees and self-generated revenues from higher education11
institutions to the Higher Education Initiatives Fund based on a plan approved by the Board12
of Regents. 13
Section 4. Notwithstanding any provision of law to the contrary, the treasurer is14
authorized and directed to transfer the following amounts into the Overcollections Fund15
from the funds specified below. The treasurer shall make such transfers from each fund after16
fully funding the appropriation from the fund.17
(1) Four Hundred Eighty Dollars from the Agricultural Products Processing18
Development Fund.19
(2) Thirty-Seven Thousand Three Hundred Ninety-Three Dollars from the Formosan20
Termite Initiative Fund.21
(3) Twenty-Eight Thousand Five Hundred Dollars from the DNA Testing Post-22
Conviction Relief for Indigents Fund.23
(5) Twenty-Nine Thousand Seven Hundred Sixty-Seven Dollars from the24
Archaeological Curation Fund.25
(6) Three Dollars from the School and District Accountability Rewards Fund.26
(7) Four Hundred One Thousand Eight Hundred Fifty-Two Dollars from the27
Calcasieu Parish Fund.28 HLS 11RS-516 REENGROSSED
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(8) Five Hundred Five Thousand Seven Hundred Eighty Dollars from the Tobacco1
Tax Health Care Fund.2
(9) Nineteen Thousand Dollars from the Bossier Parish Truancy Program Fund.3
(10) Two Hundred Sixteen Dollars from the Teacher Educational Aid for Children4
Fund.5
(11) Twenty-Seven Thousand Two Hundred Sixty-Six Dollars from the Variable6
Earnings Transaction Fund.7
(12) Thirty-Seven Million Six Hundred Seventy-Three Thousand Two Hundred8
Eight Dollars from the Louisiana Economic Development Fund.9
(13) Three Hundred Sixty-Two Thousand Four Hundred Seventy-Eight Dollars from10
the UNO Slidell Technology Park Fund.11
(14) Three Thousand Sixty Dollars from the Casino Gaming Proceeds Fund.12
(15) Eight Thousand Nine Hundred Dollars from the Greater New Orleans Sports13
Foundation Fund.14
(16) Four Thousand Seven Dollars from the Algiers Economic Development15
Foundation Fund.16
(17) Three Hundred Six Thousand Two Hundred Fifty-One Dollars from the New17
Orleans Urban Tourism and Hospitality Training in Economic Development Foundation18
Fund.19
(18) Three Hundred Four Thousand Eight Hundred Twenty-Two Dollars from the20
Beautification Project for New Orleans Neighborhoods Fund.21
(19) Three Hundred Four Thousand Eight Hundred Twenty-Two Dollars from the22
Friends of NORD Fund.23
(20) Three Dollars from the General Aviation and Reliever Airport Grant Program24
Fund.25
(21) Three Thousand Sixty-Nine Dollars from the Railroad Crossing Safety Fund.26
(22) One Hundred Eighty-Three Thousand Six Hundred Fifty-Four Dollars from the27
Municipal Fire and Police Civil Service Operation Fund.28 HLS 11RS-516 REENGROSSED
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(23) One Hundred Eighty-Seven Thousand Three Hundred Ninety-Three Dollars1
from the Administrative Fund of the Department of Insurance.2
(24) Seventy-Six Thousand Nine Hundred Thirty-One Dollars from the Insurance3
Fraud Investigation Fund.4
(25) Fourteen Thousand Six Hundred Thirty-Nine Dollars from the Automobile5
Theft and Insurance Fraud Prevention Authority Fund.6
(26) Three Hundred Thirty-Nine Thousand Five Hundred Forty-Five Dollars from7
the Department of Justice Debt Collection Fund.8
(27) One Million Three Hundred Twenty-Six Thousand Seven Hundred Ninety-Two9
Dollars from the Mineral and Energy Operation Fund.10
(28) Three Million Four Hundred Fifty-Six Thousand Six Hundred Thirty-Two11
Dollars from the Louisiana Fire Marshal Fund.12
(29) Sixty-Two Thousand One Hundred Thirty-Five Dollars from The Motorcycle13
Safety, Awareness, and Operator Training Program Fund.14
(30) Sixty-Nine Thousand Six Hundred Two Dollars from the Louisiana Towing and15
Storage Fund.16
(31) Eight Hundred Seventy Thousand One Hundred Forty-Seven Dollars from the17
Concealed Handgun Permit Fund.18
(32) One Hundred Thirty-Six Thousand Eight Hundred Fifty-Five Dollars from the19
Right-to-Know Fund.20
(33) Two Hundred Fifty-Six Thousand Eight Hundred Three Dollars from the21
Underground Damages Prevention Fund.22
(34) Two Hundred Ten Thousand One Hundred Seventy Dollars from the Hazardous23
Materials Emergency Response Fund.24
(35) Four Thousand Four Hundred Forty Dollars from the Pet Overpopulation Fund.25
(36) Nine Hundred Ninety-Five Thousand Six Hundred Twenty-One Dollars from26
the Explosives Trust Fund.27
(37) Three Hundred Fifty-One Thousand Seven Hundred Twenty-One Dollars from28
the Office of Motor Vehicles Customer Service and Technology Fund.29 HLS 11RS-516 REENGROSSED
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(38) Three Hundred Thirty-Nine Thousand Six Hundred Sixteen Dollars from the1
Department of Public Safety Police Officer Fund.2
(39) Four Hundred Fifty-Eight Thousand Seven Hundred Seventy-Nine Dollars from3
the Louisiana Life Safety and Property Protection Trust Fund.4
(40) One Thousand Nine Hundred Fifty-Four Dollars from the Louisiana Highway5
Safety Fund.6
(41) Two Thousand Four Hundred Five Dollars from the Industrialized Building7
Program Fund.8
(42) Thirty-Six Thousand Five Hundred Forty-Seven Dollars from the Fraud9
Detection Fund.10
(43) One Million Eight Hundred Eighty-Nine Dollars from the Rehabilitation for the11
Blind and Visually Impaired Fund.12
(44) Three Million Nine Hundred Fifty Thousand Dollars from the Incentive Fund.13
(45) Fifty-Two Dollars from the Manufactured Home Tax Fairness Fund.14
(46) One Thousand Two Hundred Sixty-Five Dollars from the Rural Development15
Fund.16
(47) Ten Thousand Four Hundred Thirty-Four Dollars from the Louisiana17
Environmental Education Fund.18
(48) Forty-One Million Twenty-Two Thousand Nine Hundred Seventy-Seven19
Dollars from the FEMA Reimbursement Fund.20
(49) Twenty-Six Million Six Hundred Thirteen Thousand Two Hundred Thirty-Six21
Dollars from the Artificial Reef Development Fund.22
(50) One Thousand Nine Hundred Sixty-Two Dollars from the Scenic Rivers Fund.23
(51) One Thousand Four Hundred Forty-One Dollars from the Reptile and24
Amphibian Research Fund.25
(52) Nine Thousand Fifty-Three Dollars from the Utility and Carrier26
Inspection/Supervision Fund.27
(53) One Hundred Fifteen Thousand One Hundred Ninety-Two Dollars from the28
Telephonic Solicitation Relief Fund.29 HLS 11RS-516 REENGROSSED
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(54) One Million Dollars from the State Lands Fees and Self-Generated Revenues.1
(55) Sixty Million Dollars from the Self-Insurance Fund.2
Section 5. Notwithstanding any provision of law to the contrary, the state treasurer3
is hereby authorized and directed to transfer the current balance and all future interest earned4
and credited to the following funds to the Overcollections Fund:5
(1) The Agricultural Products Processing Development Fund.6
(2) The Formosan Termite Initiative Fund.7
(3) The School and District Accountability Rewards Fund.8
(4) The General Aviation and Reliever Airport Grant Program Fund.9
(5) The Railroad Crossing Safety Fund.10
(6) The Manufactured Home Tax Fairness Fund.11
(7) The Rural Development Fund.12
Section 6. Notwithstanding any provision of law to the contrary, the state treasurer13
is hereby authorized and directed to transfer the fund balance of not less than Ten Million14
Five Hundred Ninety Thousand Dollars from the Department of Health and Hospitals'15
Facility Support Fund to the Overcollections Fund.16
Section 7. Notwithstanding any provision of law to the contrary, the Louisiana17
Housing Finance Agency or its successor is hereby authorized and directed to deposit into18
the state treasury the unrestricted or unencumbered fund assets of not less than Twenty-Five19
Million One Hundred Thousand Dollars. The state treasurer is hereby authorized and20
directed to transfer the funds to the Overcollections Fund.21
Section 8. Notwithstanding any provision of law to the contrary, the state treasurer22
shall not include unexpended and unencumbered monies in the Rapid Response Fund at the23
end of the 2010-2011 Fiscal Year in the determination of the unencumbered balance of the24
fund for purposes of determining the amount to be deposited into the fund at the beginning25
of the fiscal year pursuant to R.S. 51:2361(A)(2).26
Section 9. R.S. 39:94(C)(4)(b) is hereby repealed in its entirety.27
Section 10. Sections 1 and 4 through 8 of this Act shall become effective on July 1,28
2011.29 HLS 11RS-516 REENGROSSED
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Section 11. Section 9 of this Act shall become effective on July 1, 2012.1
Section 12. Sections 2, 3, 10, 11, and 12 of this Act shall become effective upon2
signature of this Act by the governor, or, if not signed by the governor, upon expiration of3
the time for bills to become law without signature by the governor, as provided by Article4
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and5
subsequently approved by the legislature, Sections 2, 3, 10, 11, and 12 of this Act shall6
become effective on the day following such approval.7
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)]
Fannin HB No. 477
Abstract: Provides for the transfer and deposit of monies among state funds.
Effective July 1, 2011, proposed law creates the One Time Money Fund as a special treasury
fund. Requires the treasurer to deposit "one time money" into the fund. "One time money"
means money in the state general fund from one time transactions, but not recognized as
nonrecurring revenue by the Revenue Estimating Conference, including but not limited to
court settlements, the sale of state facilities, and the privatization of state operations.
Proposed law provides that the monies in the One Time Money Fund shall be appropriated
and used solely for the following purposes:
(1)Retiring or for the defeasance of bonds in advance or in addition to the existing
amortization requirements of the state.
(2)Providing for payments against the unfunded accrued liability of the public
retirement systems which are in addition to any payments required for the annual
amortization of the unfunded accrued liability of the public retirement systems, as
required by Article X, §29(E)(2)(c) of the Constitution of La.; however, any such
payments to the public retirement systems shall not be used, directly or indirectly,
to fund cost-of-living increases for such systems.
(3)Providing funding for capital outlay projects in the comprehensive state capital
budget.
(4)Providing for allocation or appropriation for deposit into the Budget Stabilization
Fund established in Article VII, §10.3 of the Constitution of La.
(5)Providing for allocation or appropriation for deposit into the Coastal Protection and
Restoration Fund established in Article VII, §10.2 of the Constitution of La.
(6)Providing for new highway construction for which federal matching funds are
available, without excluding highway projects otherwise eligible as capital projects
under provisions of the Constitution of La. HLS 11RS-516 REENGROSSED
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Effective upon signature of the governor, authorizes the state treasurer to transfer the
following amounts into the Overcollections Fund from the following funds:
Amount Fund
$ 5,593,978Louisiana Fire Marshal Fund
$ 50,000Incentive Fund
$118,000,000State General Fund (Direct), or as much as may be available
Effective upon signature of governor, authorizes the state treasurer to transfer $97,246,512
from fees and self-generated revenues from higher education institutions to the Higher
Education Initiatives Fund based on a plan adopted by the Board of Regents.
Effective July 1, 2011, authorizes the state treasurer to transfer the following amounts into
the Overcollections Fund from the following funds. Provides that the fund balance transfers
occur after fully funding the FY 2011-2012 appropriation.
Amount Fund
$ 480Agricultural Products Processing Development Fund
$ 37,393Formosan Termite Initiative Fund
$ 28,500DNA Testing Post-Conviction Relief for Indigents Fund
$ 29,767Archaeological Curation Fund
$ 3School and District Accountability Rewards Fund
$ 401,852Calcasieu Parish Fund
$ 505,780Tobacco Tax Health Care Fund
$ 19,000Bossier Parish Truancy Program Fund
$ 216Teacher Educational Aid for Children Fund
$ 27,266 Variable Earnings Transaction Fund
$37,673,208La. Economic Development Fund
$ 362,478UNO Slidell Technology Park Fund
$ 3,060Casino Gaming Proceeds Fund
$ 8,900Greater New Orleans Sports Foundation Fund
$ 4,007Algiers Economic Development Foundation Fund
$ 306,251New Orleans Urban Tourism and Hospitality Training in Economic
Development Foundation Fund
$ 304,822Beautification Project for New Orleans Neighborhoods Fund
$ 304,822Friends of NORD Fund
$ 3General Aviation and Reliever Airport Grant Program Fund
$ 3,069Railroad Crossing Safety Fund
$ 183,654Municipal Fire and Police Civil Service Operation Fund
$ 187,393Administrative Fund of the Dept. of Insurance
$ 76,931Insurance Fraud Investigation Fund
$ 14,639Automobile Theft and Insurance Fraud Prevention Authority Fund
$ 339,545Dept. of Justice Debt Collection Fund
$ 1,326,792Mineral and Energy Operation Fund
$ 3,456,632La. Fire Marshal Fund
$ 62,135The Motorcycle Safety, Awareness, and Operator Training Program Fund
$ 69,602La. Towing and Storage Fund
$ 870,147Concealed Handgun Permit Fund
$ 136,855Right-to-Know Fund
$ 256,803Underground Damages Prevention Fund
$ 210,170Hazardous Materials Emergency Response Fund.
$ 4,444Pet Overpopulation Fund
$ 995, 621Explosives Trust Fund
$ 351,721Office of Motor Vehicles Customer Service and Technology Fund
$ 339,616Dept. of Public Safety Police Officer Fund
$ 458,779La. Life Safety and Property Protection Trust Fund
$ 1,954La. Highway Safety Fund HLS 11RS-516 REENGROSSED
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$ 2,405 Industrialized Building Program Fund
$ 36,547Fraud Detection Fund
$ 1,000,889Rehabilitation for the Blind and Visually Impaired Fund
$ 3,950,000Incentive Fund
$ 52 Manufactured Home Tax Fairness Fund
$ 1,265Rural Development Fund
$ 10,434La. Environmental Education Fund
$41,022,977FEMA Reimbursement Fund
$26,613,236Artificial Reef Development Fund
$ 1,962Scenic Rivers Fund
$ 1,441Reptile and Amphibian Research Fund
$ 9,053Utility and Carrier Inspection/Supervision Fund
$ 115,192Telephonic Solicitation Relief Fund
$ 1,000,000State Lands Fees and Self-Generated Revenues
$60,000,000Self-Insurance Fund
Effective July 1, 2011, authorizes and directs the state treasurer to transfer the current
balance and all future interest earned and credited to the following funds to the
Overcollections Fund:
(1)The Agricultural Products Processing Development Fund.
(2)The Formosan Termite Initiative Fund.
(3)The School and District Accountability Rewards Fund.
(4)The General Aviation and Reliever Airport Grant Program Fund.
(5)The Railroad Crossing Safety Fund.
(6)The Manufactured Home Tax Fairness Fund.
(7)The Rural Development Fund.
Effective July 1, 2011, authorizes and directs the state treasurer to transfer the fund balance
of not less than $10,590,000 into the Overcollections Fund from the Dept. of Health and
Hospitals' Facilities Fund.
Effective July 1, 2011, the La. Housing Finance Agency or its successor is authorized and
directed to deposit into the state treasury the unrestricted or unencumbered fund assets of not
less than $25,100,000. Authorizes and directs the state treasurer to transfer the funds to the
Overcollections Fund.
Effective July 1, 2011, provides that the state treasurer shall not include unexpended and
unencumbered monies in the Rapid Response Fund at the end of FY 2010-2011 in the
determination of the unencumbered balance of the fund for purposes of determining the
amount to be deposited into the fund at the beginning of the fiscal year pursuant to R.S.
51:2361(A)(2).
Present law (R.S. 39:94(C)(4)(b)) provides that, except pursuant to a specific appropriation
by the legislature, no appropriation or deposit to the Budget Stabilization Fund shall be made
in the same fiscal year as an appropriation, use or withdrawal is made from the fund or until
such time as the official forecast exceeds the actual collections of state general fund (direct)
revenue for FY 2008-2009.
Effective July 1, 2012, proposed law repeals present law.
(Adds R.S. 39:100.131; Repeals R.S. 39:94(C)(4)(b)) HLS 11RS-516 REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
original bill.
1. Created the One Time Money Fund as a special treasury fund.
2. Effective July 1, 2012, repealed R.S. 39:94(C)(4)(b) relative to prohibitions on
appropriations or deposits into the Budget Stabilization Fund.
3. Provided that the transfer of fees and self-generated revenue into the Higher
Education Initiatives Fund be based on a plan approved by the Board of Regents.
4. Provided that certain fund balance transfers effective July 1, 2011, contained in
the bill occur after fully funding the FY 2011-2012 appropriation.
4. Increased amount transferred from the La. Housing Finance Agency by
$5,100,000.
5. Changed reference from Community and Family Support System Fund to Dept.
of Health and Hospitals' Facility Support System Fund.
6. Deleted language providing that the proceeds from the sale of correctional
facilities be deposited into the Overcollections Fund.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added language to the transfer from the state general fund to the Overcollections
Fund.
2. Deleted transfer into the Overcollections Fund from the Adult Probation and
Parole Officer Retirement Fund.