Louisiana 2011 2011 Regular Session

Louisiana House Bill HB477 Enrolled / Bill

                    ENROLLED
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Regular Session, 2011
HOUSE BILL NO. 477
BY REPRESENTATIVE FANNIN
AN ACT1
To amend and reenact R.S. 39:100.26(A) and R.S. 47:302.2(C)(1), 322.30(B), and 332.6(B),2
relative to state funds; to delete and revise certain source documentation3
requirements relative to the FEMA Reimbursement Fund; to provide for the4
dedication of certain sales tax revenues in the Shreveport Riverfront and Convention5
Center and Independence Stadium Fund; to provide for the dedication of certain sales6
tax revenues in the Shreveport-Bossier City Visitor Enterprise Fund; to provide for7
the transfer, dedication, use, and appropriations as specified of certain treasury8
funds; to provide for the deposit of certain funds into the state treasury; to provide9
for effective dates; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 47:302.2(C)(1), 322.30(B), and 332.6(B) are hereby amended and12
reenacted to read as follows:13
§302.2.  Disposition of certain collections in the city of Shreveport 14
*          *          *15
C. Subject to an annual appropriation by the legislature, monies in the fund16
shall be used as follows:17
(1)  For allocation from all monies in the fund in the following amounts:18
(a) Three percent to the African-American Theater of the Performing Arts19
of Shreveport.20
(b) Three percent for African-American Multi-Cultural Tourism21
Commission.22 ENROLLEDHB NO. 477
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(c) One Two and one-third two-thirds percent for Sci-Port Discovery Center.1
(d) One and one-third percent for Ark-La-Tex Antique and Classic2
Vehicle/Shreveport Firefighters Museum.3
(e) One and one-third percent deposited into a special account in the fund for4
the expenditure and exclusive use of the Louisiana State Exhibit Museum in5
Shreveport. All unexpended and unencumbered monies in this special account at the6
close of the fiscal year shall remain in the account.7
(f) (e) Three percent for the following:8
(i) One percent for the New Dimensions Choral Society Arts Cultural9
Society, Inc.10
(ii)  One percent for Pamoja Art Society.11
(iii) One percent for the Sci-Port Discovery Center for outreach activities to12
underserved populations.13
(g) (f) The monies allocated to the entities in Subparagraphs Subparagraph14
(c) and (d) of this Paragraph shall be used to pay for admission costs for Caddo15
Parish school system students who meet the definition of "At-Risk Children" as16
defined by the State Board of Elementary and Secondary Education.  The monies17
allocated to the Louisiana State Exhibit Museum in Shreveport shall be deposited in18
the general operating budget of that entity.19
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§322.30. Disposition of certain collections in the cities of Shreveport and Bossier21
City22
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B. The monies deposited pursuant to this Section in the Shreveport-Bossier24
City Visitor Enterprise Fund shall be subject to an annual appropriation by the25
legislature.  The monies in the fund shall be available exclusively for use by the26
Shreveport-Bossier Convention and Tourist Commission Bureau for the purpose of27
promoting and enhancing tourism activities, and for supporting all other activities28
consistent with the authorized mission of such commission.29
*          *          *30 ENROLLEDHB NO. 477
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§332.6.  Disposition of certain collections in the city of Shreveport1
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B. The monies in the Shreveport Riverfront and Convention Center and3
Independence Stadium Fund shall be subject to an annual appropriation by the4
legislature. The monies in the fund shall be available exclusively for the purposes5
provided in R.S. 47:302.2(C). However, forty thousand dollars of the monies6
deposited in the fund shall be allocated annually to Pamoja Art Society for African-7
American cultural activities in Shreveport and ten thousand dollars of the monies8
deposited in the fund shall be allocated annually to the Friends of Rho Omega and9
Friends, Inc. for the Good Time Rho Festival.  All unexpended and unencumbered10
monies in the fund shall remain in the fund. The monies in the fund shall be invested11
by the treasurer in the same manner as the monies in the state general fund, and all12
interest earned shall be deposited in the state general fund.13
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Section 2. Notwithstanding any provision of law to the contrary, the treasurer is15
authorized and directed to transfer the following amounts into the Overcollections Fund from16
the funds specified below:17
(1) Twenty-Nine Million Nine Hundred Ninety Thousand Three Hundred Five18
Dollars from the Self-Insurance Fund.19
(2) Fifty Million Two Hundred Thousand Eight Hundred Fifty-Eight Dollars from20
the State General Fund (Direct).21
Section 3. Notwithstanding any provision of law to the contrary, the treasurer is22
authorized and directed to transfer the following amounts into the Louisiana Medical23
Assistance Trust Fund from the funds specified below:24
(1) One Million Six Hundred Ninety-Three Thousand Nine Hundred Seventy-Eight25
Dollars from the Louisiana Fire Marshal Fund.26
(2)  Fifty Thousand Dollars from the Incentive Fund.27
(3) Seventy-Six Thousand Nine Hundred Thirty-One Dollars, or any unexpended28
and unencumbered monies, from the Insurance Fraud Prevention Fund.29 ENROLLEDHB NO. 477
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(4) Five Hundred Ninety-Two Thousand One Hundred Sixty-Six Dollars, or any1
unexpended and unencumbered monies, from the Two-Percent Fire Insurance Fund before2
close of business on June 30, 2011.3
(5) Eighty-Nine Million Nine Thousand Six Hundred Ninety-Five Dollars from the4
Self-Insurance Fund.5
(6) Eighty-Four Million Nine Hundred Forty Thousand Two Hundred Twenty-Nine6
Dollars from the State General Fund (Direct).7
Section 4. Notwithstanding any provision of law to the contrary, the treasurer is8
authorized and directed to transfer the following amounts into the Louisiana Medical9
Assistance Trust Fund from the funds specified below.  The treasurer shall make such10
transfers from each fund after fully funding the appropriation from the fund.11
(1) Four Hundred Eighty Dollars from the Agricultural Products Processing12
Development Fund.13
(2) Thirty-Seven Thousand Three Hundred Ninety-Three Dollars from the Formosan14
Termite Initiative Fund.15
(3)  Twenty-Eight Thousand Five Hundred Dollars from the DNA Testing Post-16
Conviction Relief for Indigents Fund.17
(4) Six Million Eight Hundred Thousand Dollars from the Legislative Capitol18
Technology Enhancement Fund.19
(5) Twenty-Nine Thousand Seven Hundred Sixty-Seven Dollars from the20
Archaeological Curation Fund.21
(6)  Three Dollars from the School and District Accountability Rewards Fund.22
(7) Four Hundred One Thousand Eight Hundred Fifty-Two Dollars from the23
Calcasieu Parish Fund.24
(8) Eight Hundred Thirty-One Thousand One Hundred Ninety-Five Dollars from the25
Tobacco Tax Health Care Fund.26
(9)  Nineteen Thousand Dollars from the Bossier Parish Truancy Program Fund.27
(10) Two Hundred Sixteen Dollars from the Teacher Educational Aid for Children28
Fund.29 ENROLLEDHB NO. 477
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(11) Twenty-Seven Thousand Two Hundred Sixty-Six Dollars from the Variable1
Earnings Transaction Fund.2
(12) Thirty-Seven Million Six Hundred Seventy-Three Thousand Two Hundred3
Eight Dollars from the Louisiana Economic Development Fund.4
(13) Three Hundred Sixty-Two Thousand Four Hundred Seventy-Eight Dollars from5
the UNO Slidell Technology Park Fund.6
(14)  Three Thousand Sixty Dollars from the Casino Gaming Proceeds Fund.7
(15) Eight Thousand Nine Hundred Dollars from the Greater New Orleans Sports8
Foundation Fund.9
(16) Four Thousand Seven Dollars from the Algiers Economic Development10
Foundation Fund.11
(17) Three Hundred Six Thousand Two Hundred Fifty-One Dollars from the New12
Orleans Urban Tourism and Hospitality Training in Economic Development Foundation13
Fund.14
(18)  Three Hundred Four Thousand Eight Hundred Twenty-Two Dollars from the15
Beautification Project for New Orleans Neighborhoods Fund.16
(19)  Three Hundred Four Thousand Eight Hundred Twenty-Two Dollars from the17
Friends of NORD Fund.18
(20) Three Dollars from the General Aviation and Reliever Airport Grant Program19
Fund.20
(21) Three Thousand Sixty-Nine Dollars from the Railroad Crossing Safety Fund.21
(22) One Hundred Eighty-Three Thousand Six Hundred Fifty-Four Dollars from the22
Municipal Fire and Police Civil Service Operation Fund.23
(23) One Hundred Eighty-Seven Thousand Three Hundred Ninety-Three Dollars24
from the Administrative Fund of the Department of Insurance.25
(24) One Million Four Hundred Fifty-Two Thousand Dollars from the Academic26
Improvement Fund.27
(25) Fourteen Thousand Six Hundred Thirty-Nine Dollars from the Automobile28
Theft and Insurance Fraud Prevention Authority Fund.29 ENROLLEDHB NO. 477
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(26)  Three Hundred Thirty-Nine Thousand Five Hundred Forty-Five Dollars from1
the Department of Justice Debt Collection Fund.2
(27)  One Million Seven Hundred Twenty-Six Thousand Seven Hundred Ninety-Two3
Dollars from the Mineral and Energy Operation Fund.4
(28) Three Million Four Hundred Fifty-Six Thousand Six Hundred Thirty-Two5
Dollars from the Louisiana Fire Marshal Fund.6
(29) Seventy-Five Thousand Dollars from The Motorcycle Safety, Awareness, and7
Operator Training Program Fund.8
(30) One Million Four Hundred Fifty Thousand Dollars from the Concealed9
Handgun Permit Fund.10
(31)  Two Hundred Twenty Thousand Dollars from the Right-to-Know Fund.11
(32) Two Hundred Fifty-Six Thousand Eight Hundred Three Dollars from the12
Underground Damages Prevention Fund.13
(33) Four Thousand Four Hundred Forty Dollars from the Pet Overpopulation Fund.14
(34) Nine Hundred Seventy Five Thousand Dollars from the Explosives Trust Fund.15
(35)  One Hundred Thirty-Two Thousand Fifty-One Dollars from the Office of16
Motor Vehicles Customer Service and Technology Fund.17
(36) Four Hundred Forty Thousand Dollars from the Department of Public Safety18
Police Officer Fund.19
(37) One Hundred Ninety Thousand Dollars from the Louisiana Life Safety and20
Property Protection Trust Fund.21
(38) One Thousand Nine Hundred Fifty-Four Dollars from the Louisiana Highway22
Safety Fund.23
(39)  Fifteen Thousand Dollars from the Industrialized Building Program Fund.24
(40) Thirty-Six Thousand Five Hundred Forty-Seven Dollars from the Fraud25
Detection Fund.26
(41) One Million Eight Hundred Eighty-Nine Dollars from the Rehabilitation for the27
Blind and Visually Impaired Fund.28
(42) Three Million Nine Hundred Fifty Thousand Dollars from the Incentive Fund.29
(43)  Fifty-Two Dollars from the Manufactured Home Tax Fairness Fund.30 ENROLLEDHB NO. 477
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(44) One Thousand Two Hundred Sixty-Five Dollars from the Rural Development1
Fund.2
(45) Ten Thousand Four Hundred Thirty-Four Dollars from the Louisiana3
Environmental Education Fund.4
(46) Forty-One Million Twenty-Two Thousand Nine Hundred Seventy-Seven5
Dollars from the FEMA Reimbursement Fund.6
(47) Twenty-Six Million Six Hundred Thirteen Thousand Two Hundred Thirty-Six7
Dollars from the Artificial Reef Development Fund.8
(48) One Thousand Nine Hundred Sixty-Two Dollars from the Scenic Rivers Fund.9
(49) One Thousand Four Hundred Forty-One Dollars from the Reptile and10
Amphibian Research Fund.11
(50) Nine Thousand Fifty-Three Dollars from the Utility and Carrier12
Inspection/Supervision Fund.13
(51) One Hundred Fifteen Thousand One Hundred Ninety-Two Dollars from the14
Telephonic Solicitation Relief Fund.15
(52) One Million Dollars from the State Lands Fees and Self-Generated Revenues.16
Section 5. Notwithstanding any provision of law to the contrary, the state treasurer17
is hereby authorized and directed to transfer the current balance and all future interest earned18
and credited to the following funds to the Louisiana Medical Assistance Trust Fund:19
(1)  The Agricultural Products Processing Development Fund.20
(2)  The Formosan Termite Initiative Fund.21
(3)  The School and District Accountability Rewards Fund.22
(4)  The General Aviation and Reliever Airport Grant Program Fund.23
(5)  The Railroad Crossing Safety Fund.24
(6)  The Manufactured Home Tax Fairness Fund.25
(7)  The Rural Development Fund.26
Section 6. Notwithstanding any provision of law to the contrary, the state treasurer27
is hereby authorized and directed to transfer the fund balance of not less than Ten Million28
Five Hundred Ninety Thousand Dollars from the Department of Health and Hospitals'29
Facility Support Fund to the Louisiana Medical Assistance Trust Fund.30 ENROLLEDHB NO. 477
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Section 7. Notwithstanding any provision of law to the contrary, the Louisiana1
Housing Finance Agency or its successor is hereby authorized and directed to deposit into2
the state treasury the unrestricted or unencumbered fund assets of not less than Twenty-Five3
Million One Hundred Thousand Dollars.  The state treasurer is hereby authorized and4
directed to transfer the funds to the Louisiana Medical Assistance Trust Fund.5
Section 8. Notwithstanding any provision of law to the contrary, the state treasurer6
shall not include unexpended and unencumbered monies in the Rapid Response Fund at the7
end of the 2010-2011 Fiscal Year in the determination of the unencumbered balance of the8
fund for purposes of determining the amount to be deposited into the fund at the beginning9
of the fiscal year pursuant to R.S. 51:2361(A)(2).10
Section 9.  R.S. 39:100.26(A) is hereby amended and reenacted to read as follows:11
§100.26.  FEMA Reimbursement Fund12
A. The FEMA Reimbursement Fund, hereinafter referred to as the "fund",13
is hereby created in the state treasury.  Any money donated to the fund or14
appropriated to the fund by the legislature shall be deposited in the fund. Monies in15
the fund shall be invested in the same manner as monies in the state general fund.16
Interest earned on the investment of monies in the fund shall be deposited in and17
credited to the fund. Unexpended and unencumbered monies in the fund at the end18
of the fiscal year shall remain in the fund. Monies in the fund shall be appropriated19
for the purpose of providing funds to pay the state's portion of any amount due the20
United States under the Robert T. Stafford Disaster Relief and Emergency Assistance21
Act. Disbursement of any such appropriations shall not be made until after the22
legislative auditor has audited source documentation presented by the Federal23
Emergency Management Agency and the legislative auditor has determined that the24
documentation supports the amount required to be paid, or until a court of competent25
jurisdiction has rendered a final non-appealable judgment or order that26
disbursements be made. Monies in the fund may also be transferred to the State27
Emergency Response Fund by the commissioner of administration with the approval28
of the Joint Legislative Committee on the Budget.29
*          *          *30 ENROLLEDHB NO. 477
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Section 10. Notwithstanding any provision of law to the contrary, the state treasurer1
is hereby authorized and directed to transfer Twenty-Six Million Nine Hundred Nineteen2
Thousand Nine Hundred Thirty-Eight Dollars from the Overcollections Fund to the State3
General Fund (Direct).4
Section 11. Sections 1, 4 through 8, and 9 of this Act shall become effective on July5
1, 2011.6
Section 12.  Sections 2, 3, 10, 11, and 12 of this Act shall become effective upon7
signature of this Act by the governor, or, if not signed by the governor, upon expiration of8
the time for bills to become law without signature by the governor, as provided by Article9
III, Section 18 of the Constitution of Louisiana.  If this Act is vetoed by the governor and10
subsequently approved by the legislature, Sections 2, 3, 10, 11, and 12 of this Act shall11
become effective on the day following such approval.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: