HLS 12RS-293 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 735
BY REPRESENTATIVES FOIL AND HONORE
TAX/GAMING: Dedicates a portion of state revenues from riverboat gaming activities in
East Baton Rouge Parish to certain 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; to provide for the deposit6
and use of monies in the fund; and to provide for related 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.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 12RS-293 ORIGINAL
HB NO. 735
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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, 2012, 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, 2012, and which pays additional franchise fees pursuant8
to the provisions of R.S. 27:91(C)(2) through (4), to the Support Education in9
Louisiana First Fund as provided in R.S. 17:421.7 until such time each fiscal year as10
the total annual franchise fees deposited into such fund from riverboat gaming11
licensees operating in East Baton Rouge Parish are equal to the amount deposited12
into the fund for Fiscal Year 2011-2012 from riverboat gaming licensees operating13
in East Baton Rouge Parish, and thereafter to the East Baton Rouge Parish Higher14
Education Improvement Fund, as provided in Subsection D of this Section. 15
(iii) Nine percent of the license fee paid pursuant to R.S. 27:91(B)(2) which16
is attributable to any riverboat gaming licensee operating outside of East Baton17
Rouge Parish or operating in East Baton Rouge Parish prior to July 1, 2012, which18
pays additional franchise fees pursuant to the provisions of R.S. 27:91(C)(2) through19
(4) to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7.20
Nine percent of the license fee paid pursuant to R.S. 27:91(B)(2) which is21
attributable to any riverboat gaming licensee operating in East Baton Rouge Parish22
beginning on or after July 1, 2012, and which pays additional franchise fees pursuant23
to the provisions of R.S. 27:91(C)(2) through (4), to the Support Education in24
Louisiana First Fund as provided in R.S. 17:421.7 until such time each fiscal year as25
the total annual franchise fees deposited into such fund from riverboat gaming26
licensees operating in East Baton Rouge Parish are equal the amount deposited into27
the fund for Fiscal Year 2011-2012 from riverboat gaming licensees operating in28 HLS 12RS-293 ORIGINAL
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East Baton Rouge Parish, and thereafter to the East Baton Rouge Parish Higher1
Education Improvement Fund, as provided in Subsection D of this Section.2
(iv) The franchise fees paid pursuant to R.S. 27:91(C)(2) through (4) by any3
riverboat gaming licensee operating outside of East Baton Rouge Parish or operating4
in East Baton Rouge Parish prior to July 1, 2012, to the Support Education in5
Louisiana First Fund as provided in R.S. 17:421.7. The franchise fees paid pursuant6
to R.S. 27:91(C)(2) through (4) by any riverboat gaming licensee beginning7
operations in East Baton Rouge Parish on or after July 1, 2012, to the Support8
Education in Louisiana First Fund as provided in R.S. 17:421.7 until such time each9
fiscal year as the total annual franchise fees deposited into such fund from riverboat10
gaming licensees operating in East Baton Rouge Parish are equal the amount11
deposited into the fund for Fiscal Year 2011-2012 from riverboat gaming licensees12
operating in East Baton Rouge Parish, and thereafter to the East Baton Rouge Parish13
Higher Education Improvement Fund, as provided in Subsection D of this Section.14
* * *15
D.(1) There is hereby created in the state treasury a special fund to be known16
as the East Baton Rouge Parish Higher Education Improvement Fund, hereinafter17
referred to in the Subsection as "the fund".18
(2) The monies in the fund shall be appropriated each fiscal year by the19
legislature solely to support institutions of higher learning located in East Baton20
Rouge Parish by appropriating to the following foundations as follows:21
(a) Forty percent of the monies in the fund shall be appropriated to the LSU22
Foundation.23
(b) Forty percent of the monies in the fund shall be appropriated to the24
Southern University System Foundation.25
(c) Twenty percent of the monies in the fund shall be appropriated to the26
Pennington Biomedical Research Foundation.27
(3) All unexpended and unencumbered monies in the fund shall remain in28
the fund. The monies in the fund shall be invested by the treasurer in the same29 HLS 12RS-293 ORIGINAL
HB NO. 735
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manner as the monies in the state general fund, and all interest earned shall be1
deposited into the fund.2
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. 735
Abstract: Dedicates proceeds from new riverboat gaming operations in East Baton Rouge
Parish that would otherwise 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 paid by riverboat gaming licensees be
deposited into the Support Education in La. First Fund (the SELF Fund). The riverboat
gaming fees deposited into the SELF Fund are:
(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 3½% 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, 2012.
Provides that monies for riverboat gaming licensees beginning operations in East Baton
Rouge Parish on or after July 1, 2012, be deposited first into the Support Education in La.
First Fund as provided in R.S. 17:421.7 until such time each fiscal year as the total annual
franchise fees deposited into such fund from riverboat gaming licensees operating in East
Baton Rouge Parish are equal the amount deposited into the fund for FY 2011-2012 from
riverboat gaming licensees operating in East Baton Rouge Parish, and thereafter 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 foundations for institutions of higher learning
located in East Baton Rouge Parish as follows:
(1)40% to the LSU Foundation.
(2)40% to the Southern University System Foundation.
(3)20% 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))