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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 144
BY SENATOR WALSWORTH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FUNDS/FUNDING. Provides relative to the sunset and abolition of certain special funds
in the state treasury. (7/1/11)
AN ACT1
To amend and reenact R.S. 49:308.5(B)(3)(c) and to enact R.S. 49:308.5(C)(6), relative to2
special funds and dedication of money; to sunset and abolish certain funds and3
statutory dedications; to provide for certain exceptions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 49:308.5(B)(3)(c) is hereby amended and reenacted and R.S.7
49:308.5(C)(6) is hereby enacted to read as follows:8
ยง308.5. Special funds and dedication of money9
* * *10
B.11
* * *12
(3)13
* * *14
(c)(i) The Joint Legislative Committee on the Budget, hereinafter referred to15
as "the committee," shall conduct a review of the special funds and dedications as16
specified in each such plan and schedule.17 SB NO. 144
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(ii) In the event the Joint Legislative Committee on the Budget makes a1
recommendation to the legislature to abolish a fund submitted for review, the2
fund shall be terminated as provided in the Act abolishing the fund.3
(iii) For any fund abolished under the provisions of this Section, all laws4
of the state which require money deposited in the state treasury to be credited5
to that fund shall also be repealed and superseded. The treasurer shall be6
authorized and directed to transfer the balances of the abolished funds and7
deposit them into the general fund. The treasurer, upon receipt of such money,8
and after compliance with the requirements of Article VII, Section 9(B) of the9
constitution relative to the Bond Security and Redemption Fund, shall deposit10
the money in and credit it to the general fund. All interest earned on the11
investment of the money shall be deposited in and credited to the general fund.12
C. This Section shall not apply to or affect the laws which dedicate or13
otherwise provide for the use of the following money or the laws which provide for14
the following special funds in the state treasury:15
* * *16
(6) Special funds and dedications of money that are derived from the17
imposition, assessment, or collection of a fee or from self-generated revenue.18
Section 2. This Act shall become effective on July 1, 2011.19
The original instrument was prepared by Heyward Jeffers. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy R. Wells.
DIGEST
Walsworth (SB 144)
Present law provides that beginning October 1, 2009 and every two years thereafter, the
division of administration shall develop a plan for the review and approval by the Joint
Legislative Committee on the Budget (hereinafter referred to as JLCB) of 25% of the special
funds and dedications. No later than February 15, 2010 and every two years thereafter,
JLCB shall report its findings. Present law provides for certain exceptions and exclusions.
Proposed law retains present law and adds requirement relative to the review of funds that
in the event the JLCB makes a recommendation to the legislature to abolish a fund
submitted, the fund shall be terminated in the year as provided for in the Act abolishing such
fund. SB NO. 144
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law requires the repeal of laws that require the dedication of monies to funds that
are abolished.
Proposed law provides relative to abolished funds that the treasurer shall be authorized and
directed to transfer the balances of the abolished funds to the state general fund, along with
any interest earnings.
Proposed law exempts special funds and dedications of money that are derived from the
imposition, assessment, or collection of a fee or from self-generated revenue.
Effective July 1, 2011.
(Amends R.S. 49:308.5(B)(3)(c); adds R.S. 49:308.5(C)(6))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original
bill.
1. Deletes provisions abolishing all statutory funds beginning June 30, 2012,
and every four years thereafter, unless the legislature enacts a law to continue
or recreate a fund.
2. Adds a new requirement relative to the JLCB's on-going biannual review of
funds that in the event the JLCB makes a recommendation to the legislature
to abolish a fund under its review, the fund shall be terminated in the year in
which the legislative Act abolishing the fund becomes effective.
Senate Floor Amendments to engrossed bill.
1. Change to provide that funds abolished shall be as determined in the Act that
terminates such funds instead of upon effective date of Act.
2. Makes technical corrections.