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Regular Session, 2012
SENATE BILL NO. 590
BY SENATOR ALARIO
FUNDS/FUNDING. Provides relative to the elimination of certain special funds in the state
treasury. (7/1/12)
AN ACT1
To amend and reenact R.S. 17:3045.3 and 3045.8; R.S. 23:3003; R.S. 25:933(9) through2
(15), and 941(A) and the introductory paragraph of (B)(1); R.S. 32:57(G)(2),3
171(F)(1) and (2), 175(C)(4), the introductory paragraph of 412(H) and (H)(1), and4
783(G); R.S. 36:209(T); R.S. 37:3390.6; R.S. 38:2216(E); R.S. 39:100.94(B)(1),5
2162(B), and 2165.11(B); R.S. 47:463.88(E); R.S. 51:955.4(F); and Sections 2, 3,6
4(C), and 5 of Act No. 1212 of the 2001 Regular Session; to enact R.S.7
3:3391.12(C); and to repeal R.S. 2:904; R.S. 3:283.2(H), Part II of Chapter 4-A of8
Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S. 3:321 through9
323, and 3391.13; R.S. 17:10.3, 421.12, 2036, and 3042.11; R.S. 23:1310.12, and10
Part XIII of Chapter 11 of Title 23 of the Louisiana Revised Statutes of 1950,11
comprised of R.S. 23:1771 through 1776, and 3003; R.S. 25:933(16), 940 and 942;12
R.S. 27:270(B); R.S. 29:731.1; R.S. 30:2417(B) and (C); R.S. 32:412(H)(2) and (3)13
and 783(H); R.S. 33:3006, 4769 and 4770; R.S. 37:3119; Subpart H of Part II of14
Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,15
comprised of R.S. 39:100.11 and 100.12, Subpart L of Part II of Chapter 1 of Subtitle16
I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.36,17 SB NO. 590
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Subpart P of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised1
Statutes of 1950, comprised of R.S.39:100.71, 100.93, Subpart P-3 of Part II of2
Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,3
comprised of R.S. 39:100.101, Subpart Q of Part II of Chapter 1 of Subtitle I of Title4
39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.121, Subpart5
Q-1 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes6
of 1950, comprised of R.S. 39:122, Subpart Q-2 of Part II of Chapter 1 of Subtitle7
I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.8
39:100.123, Subpart Q-3 of Part II of Chapter 1 of Subtitle I of Title 39 of the9
Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.124, Subpart Q-4 of10
Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of11
1950, comprised of R.S. 39:100.125, R.S. 39:127.2, 2161, and 2165.10; Part LX of12
Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S.13
40:1300.221, and 1300.263; R.S. 46:2609 and 2802, Chapter 65 of Title 46 of the14
Louisiana Revised Statutes of 1950, comprised of R.S. 46:2901; R.S. 47:120.81,15
322.44, 332.15, 332.50, 463.88(F) and (G); R.S. 48:393; R.S. 51:955.5, 1262.1, and16
2315(D), relative to the elimination of certain special treasury funds; to eliminate17
the General Aviation and Reliever Airport Maintenance Grant Program Fund,18
Agricultural Products Processing Development Fund, Rural Development Fund,19
Formosan Termite Initiative Fund, School and District Accountability Rewards20
Fund, Teacher Educational Aid for Children Fund, Job Reserve Fund, Teachers21
Education Incentive Program Trust Fund, Louisiana Opportunity Loan Fund,22
Director Of Workers' Compensation Revolving Fund, Domestic Violence Victims23
Account, Special Fund for the Vocational Rehabilitation of Individuals with24
Disabilities, Louisiana Historic Cemetery Trust Fund, Casino Gaming Proceeds25
Fund, State Disaster or Emergency Relief Fund, Used Oil Recycling Trust Fund,26
Greater New Orleans Expressway Commission Additional Cost Fund, Office of27
Motor Vehicles Testing Fund, Louisiana Used Motor Vehicle Commission Fund,28
Allen Parish Local Government Gaming Mitigation Fund, Louisiana Blighted29 SB NO. 590
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Property Reclamation Revolving Loan Fund, Louisiana Auctioneers Licensing Board1
Fund, Addictive Disorders Professionals Licensing and Certification Fund, Small2
Contract Bond Fund, Municipalities Energy Expense Fund, Louisiana Economic and3
Port Development Infrastructure Fund, Manufactured Home Tax Fairness Fund,4
Grants for Grads Fund, FEMA Mobile Home Reimbursement Fund, Hurricane5
Recovery Health Insurance Premium Fund, Center of Excellence for Autism6
Spectrum Disorder Fund, Walking the Walk of Our Kids Fund, Technology7
Commercialization Fund, Statewide Education Facilities Fund, Capitol Complex8
Master Plan Fund, Hurricane Relief Programs Fraud Detection Fund, Oil Spill Relief9
Programs Fraud Detection Fund, Community-based Primary Health Care Initiative10
Fund, Tobacco Control Program Fund, Louisiana Children, Youth and Families11
Investment Fund, Child Poverty Prevention Fund, Community Hospital Stabilization12
Fund, St. Helena Parish Tourist Commission Fund, Claiborne Parish Tourism and13
Economic Development Fund, Kappa Kamp Fund, Railroad Crossing Safety Fund,14
Broadband Infrastructure and Information Technology Fund, Louisiana Welcome15
Center Improvement Fund, Rural Economic Development Account, and the16
Manufactured and Mobile Homes Settlement Fund; to authorize the transfer of17
balances between funds; to provide for deposit of monies into the state general fund;18
and to provide for related matters.19
Be it enacted by the Legislature of Louisiana:20
Section 1. R.S. 3:3391.12(C) is hereby enacted to read as follows:21
§3391.12. Enforcement; civil penalties22
* * *23
(C) All assessments, fees, penalties, and other funds received under the24
provisions of this Part shall be deposited immediately upon receipt into the state25
treasury.26
Section 2. R.S. 17:3045.3 and 3045.8 are hereby amended and reenacted to read as27
follows:28
§3045.3. Appropriation; procedure29 SB NO. 590
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A. The legislature shall appropriate all funds out of the LA-OP Loan Fund1
to the commission for the commission's use in making loans in addition to any2
appropriation to the commission from the state general fund for the purpose of3
making loans pursuant to this Chapter.4
B. The commission may administer and manage all money, including any5
appropriation to the commission from the state general fund for the purpose of6
making loans pursuant to this Chapter, all interest made on loans pursuant to this7
Chapter and all principal repaid on loans that has been appropriated in whatever8
manner maximizes the amount of money available for LA-OP loans that is consistent9
with federal reinsurance requirements and state budget practices.10
* * *11
§3045.8. Loan funds; availability12
The receipt of a LA-OP loan by an eligible borrower is subject to the13
availability of lending capital provided by appropriation and LA-OP Loan Fund14
balances.15
Section 3. R.S. 23:3003 is hereby amended and reenacted to read as follows:16
§3003. Donations; department's authority to receive17
The Louisiana Workforce Commission may receive any donations, either18
from public or private sources offered unconditionally, or under such conditions19
related to the vocational rehabilitation of persons disabled in industry or otherwise20
determined by the department to be proper and consistent with the provisions of this21
Part. All the monies received as donations shall be deposited in the state treasury and22
shall constitute a permanent fund to be called the special fund for the vocational23
rehabilitation of individuals with disabilities. A full report of all donations received24
and accepted, together with the names of the donor and the respective amounts25
contributed by each, and all disbursements therefrom shall be submitted annually to26
the governor by the Louisiana Workforce Commission.27
Section 4. R.S. 25:933(9) through (15), and 941(A) and the introductory paragraph28
of (B)(1) are hereby amended and enacted to read as follows:29 SB NO. 590
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§933. Definitions1
The following words and phrases when used in this Chapter shall have the2
meanings given to them in this Section unless the context clearly indicates otherwise:3
* * *4
(9) "Fund" shall mean the Louisiana Historic Cemetery Trust Fund.5
(10) "Grave space" shall mean a grave, crypt, vault, niche, tomb, lawn crypt,6
or any other property used or intended to be used for the interment of human7
remains. The term shall also include any marker or other means of commemoration8
associated with the grave space.9
(11) (10) "Historic cemetery" shall mean any abandoned cemetery located in10
the state that is more than fifty years old and is not subject to the laws, rules, and11
regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes12
of 1950.13
(12) (11) "Human skeletal remains" shall mean any part of the body of a14
deceased human being in any stage of decomposition.15
(13) (12) "Isolated grave" shall mean any marked grave site that is not part16
of a larger cemetery and is not subject to the laws, rules, and regulations of the board17
or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. The term shall18
also include groupings of multiple graves that are not part of a larger cemetery.19
(14) (13) "Modification" shall mean the altering of the original substance of20
a grave space.21
(15) (14) "Program" shall mean the Louisiana Historic Cemetery Preservation22
Program.23
(16) (15) "Unmarked burial site" shall have the same meaning as provided24
in R.S. 8:673.25
* * *26
§941. Louisiana Historic Cemetery Trust Fund Advisory Board; creation;27
membership28
A. There is hereby created the Louisiana Historic Cemetery Trust Fund29 SB NO. 590
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Advisory Board within the Department of Culture, Recreation and Tourism, office1
of cultural development, division of archaeology.2
B.(1) The Louisiana Historic Cemetery Trust Fund Advisory Board shall be3
comprised of nine members as follows:4
* * *5
Section 5. R.S. 32:57(G)(2), 171(F)(1) and (2), 175(C)(4), the introductory6
paragraph of 412(H)and (H)(1), and 783(G) are hereby amended and reenacted to read as7
follows:8
§57. Penalties; alternatives to citation9
* * *10
G.11
* * *12
(2) All proceeds generated by this additional cost shall be deposited into the13
state treasury. After compliance with the requirements of Article VII, Section 9(B)14
of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,15
and prior to monies being placed in the state general fund, an amount equal to that16
deposited as required in this Subsection shall be credited to a special fund hereby17
created in the state treasury to be known as the Greater New Orleans Expressway18
Commission Additional Cost Fund. The monies in this fund shall be appropriated by19
the legislature to the Greater New Orleans Expressway Commission and shall be20
used by the commission to supplement the salaries of P.O.S.T. certified officers and21
for the acquisition or upkeep of police equipment. All unexpended and22
unencumbered monies in this fund at the end of the fiscal year shall remain in such23
fund. The monies in this fund shall be invested by the state treasurer in the same24
manner as monies in the state general fund and interest earned on the investment of25
monies shall be credited to this fund, again, following compliance with the26
requirements of Article VII, Section 9(B) of the Constitution, relative to the Bond27
Security and Redemption Fund. The monies appropriated by the legislature pursuant28
to this Paragraph shall not displace, replace, or supplant appropriations otherwise29 SB NO. 590
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made from the general fund for the Greater New Orleans Expressway Commission.1
* * *2
§171. Obedience to signal indicating approach to train; reporting violations;3
penalties4
* * *5
F. Any person who violates any provision of this Section shall be fined as6
follows:7
(1) On first offense the fine shall be not more than two hundred dollars or8
imprisonment for not more than thirty days, or both. In addition, the person in9
violation shall be required to attend an Operation Lifesaver Course to be given by a10
certified Operation Lifesaver presenter within one hundred eighty days after11
adjudication of the citation. It shall be the responsibility of the violator to notify the12
appropriate court of the successful completion of the Operation Lifesaver Course.13
Twenty-five dollars of each fine imposed pursuant to the provisions of this Paragraph14
shall be collected by the court and shall immediately be forwarded to the state15
treasurer for deposit in the state treasury. After compliance with the requirements16
of Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to that17
deposited into the state treasury shall be deposited and credited to the Railroad18
Crossing Safety Fund as created pursuant to the provisions of R.S. 48:393.19
(2) On second and each subsequent offense, the fine shall not be more than20
five hundred dollars or imprisonment for not more than ninety days, or both. In21
addition, the person in violation shall be required to attend a one-day safe driver's22
course designed by Operation Lifesaver within one hundred eighty days after23
adjudication of the citation. It shall be the responsibility of the violator to notify the24
appropriate court of the successful completion of the Operation Lifesaver Course.25
Twenty-five dollars of each fine imposed pursuant to the provisions of this Paragraph26
shall be collected by the court and shall immediately be forwarded to the state27
treasurer for deposit in the state treasury. After compliance with the requirements of28
Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to that29 SB NO. 590
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deposited into the state treasury shall be deposited in and credited to the Railroad1
Crossing Safety Fund pursuant to R.S. 48:393.2
* * *3
§175. Vehicles must yield at railroad grade crossings; exceptions; penalties for4
violations5
* * *6
C. Any person who violates any provision of this Section shall be fined as7
follows:8
* * *9
(4) No less than twenty-five dollars of each fine imposed pursuant to the10
provisions of this Section shall be collected by the court and shall immediately be11
forwarded to the state treasurer for deposit in the state treasury. After compliance12
with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana,13
an amount equal to that deposited into the state treasury shall be deposited in and14
credited to the Railroad Crossing Safety Fund pursuant to R.S. 48:393.15
* * *16
§412. Amount of fees; credit or refund; duration of license; disbursement of funds;17
renewal by mail or electronic commerce of Class "D" or "E" drivers'18
licenses; disposition of certain fees; exception19
* * *20
H. Each person who takes a test a second or subsequent time, whether written21
or driving, which is administered by the office of motor vehicles in connection with22
an application for the issuance or renewal of a driver's license shall pay a testing fee.23
The fee shall not be refundable. The office of motor vehicles shall establish the fee24
by rule adopted in accordance with the Administrative Procedure Act. The amount25
of the fee shall not exceed ten dollars. The fees collected under the provisions of this26
Subsection shall be subject to the following provisions:27
(1) The fees shall be deposited immediately upon receipt into the state28
treasury.29 SB NO. 590
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* * *1
§783. Used Motor Vehicle Commission; appointment and qualification; terms of2
office; powers and duties3
* * *4
G. All fees and charges under the provisions of this Chapter shall be collected5
and received by the executive director of the commission and deposited by him in6
a special fund to be known as the Louisiana Used Motor Vehicle Commission Fund.7
The proceeds of the fund shall be disbursed by him at the direction of the8
commission in administering and enforcing the provisions of this Chapter. the state9
treasury.10
* * *11
Section 6. R.S. 36:209(T) is hereby amended and reenacted to read as follows:12
§209. Transfer of boards, commissions, departments, and agencies to Department of13
Culture, Recreation and Tourism14
* * *15
T. The Louisiana Historic Cemetery Trust Fund Advisory Board (R.S.16
25:940-943) shall be placed within the Department of Culture, Recreation and17
Tourism as provided for agencies transferred in accordance with R.S. 36:802.18
* * *19
Section 7. R.S. 37:3390.6 is hereby amended and reenacted to read as follows:20
§3390.6. Addictive Disorders Professionals Licensing and Certification Fund21
A. There is hereby established in the state treasury a special fund to be known22
as the "Addictive Disorders Professionals Licensing and Certification Fund,"23
hereinafter referred to as the "fund."24
B. Out of the funds remaining in the Bond Security and Redemption Fund25
after a sufficient amount is allocated from that fund to pay all obligations secured by26
the full faith and credit of the state that become due and payable within a fiscal year,27
the treasurer in each fiscal year shall pay into the fund an amount equal to the total28
amount of all donations, penalties, and licensing and certification fees collected29 SB NO. 590
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pursuant to the provisions of this Chapter.1
C. The monies in this fund shall be used solely as provided in Subsection D2
hereof and only in the amounts appropriated by the legislature. All unexpended and3
unencumbered monies in the fund at the end of the fiscal year shall remain in the4
fund and be available for appropriation in the next fiscal year in the same manner as5
provided herein. Monies in the fund shall be invested by the state treasurer with the6
same authority and subject to the same restrictions as for investment of the state7
general fund. Interest earned on the investment of these monies shall be credited to8
the state general fund.9
D. The monies in the fund shall be used by the Department of Health and10
Hospitals solely for the administration, monitoring, and enforcement of the licensing11
and certification provisions of this Chapter.12
E A. The department shall, by rule, adopt a schedule of fees and penalties to13
be charged relative to the issuance of licenses and certifications, as provided in this14
Chapter.15
F B. The department is authorized to impose and collect the following fees:16
(1) Each application for a licensed addiction counselor, certified addiction17
counselor, or registered addiction counselor shall be accompanied by a fee prescribed18
by the department. The fee for processing the application shall be in an amount at19
least sufficient to cover the cost of processing the application, but shall not be less20
than one hundred dollars nor more than three hundred dollars. The fee for21
administering the written examination shall be in an amount at least sufficient to22
cover the cost of administering the written examination, but shall not be less than one23
hundred dollars nor more than three hundred dollars. The fee for the oral24
examination or case presentation shall not be less than one hundred dollars nor more25
than three hundred dollars. The renewal fee for a licensed addiction counselor,26
certified addiction counselor, or registered addiction counselor shall not be less than27
one hundred dollars nor more than three hundred dollars.28
(2) Each application for a certified prevention specialist or registered29 SB NO. 590
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preventionist shall be accompanied by a fee prescribed by the department. The fee1
for processing the application shall be in an amount at least sufficient to cover the2
cost of processing the application, but shall not be less than one hundred dollars nor3
more than three hundred dollars. The fee for administering the written examination4
shall be in an amount at least sufficient to cover the cost of administering the written5
examination, but shall not be less than one hundred dollars nor more than three6
hundred dollars. The renewal fee for a certified prevention specialist or registered7
preventionist shall not be less than one hundred dollars nor more than three hundred8
dollars.9
(3) Each application for a certified clinical supervisor or certified compulsive10
gambling counselor shall be accompanied by a fee prescribed by the department. The11
fee for processing the application shall be in an amount at least sufficient to cover12
the cost of processing the application, but shall not be less than fifty dollars nor more13
than two hundred dollars. The fee for administering the written examination shall be14
in an amount at least sufficient to cover the cost of administering the written15
examination, but shall not be less than fifty dollars nor more than two hundred16
dollars. The renewal fee for a certified clinical supervisor or certified compulsive17
gambling counselor shall not be less than one hundred dollars nor more than three18
hundred dollars.19
(4) Each application for a counselor-in-training or prevention specialist-in-20
training shall be accompanied by a fee prescribed by the department. The fee shall21
be in an amount at least sufficient to cover the cost of processing the application, but22
shall not be less than twenty-five dollars nor more than one hundred dollars. The23
renewal fee for a certified clinical supervisor or certified compulsive gambling24
counselor shall not be less than twenty-five dollars nor more than one hundred25
dollars.26
(5) Each application for an addiction treatment assistant shall be accompanied27
by a fee prescribed by the department. The fee for processing the application shall28
be in an amount at least sufficient to cover the cost of processing the application, but29 SB NO. 590
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shall not be less than twenty-five dollars nor more than one hundred dollars. The fee1
for administering the written examination shall be in an amount at least sufficient to2
cover the cost of administering the written examination, but shall not be less than3
twenty-five dollars nor more than one hundred dollars. The renewal fee for an4
addiction treatment assistant shall not be less than twenty-five nor more than one5
hundred dollars.6
(6) The department may require that each application or request for a copy7
of any roster maintained pursuant to R.S. 37:3388.4(9) be accompanied by a fee of8
not less than one hundred dollars nor more than three hundred dollars.9
(7) Each training or educational institute, provider, or institution shall pay a10
fee of not less than two hundred nor more than two hundred fifty dollars to the11
department in order to be authorized to provide approved education, training, and12
courses. Such authorization shall be valid for a period of one year. For those13
education providers who elect not to seek annual approval, the department is14
authorized to impose and collect a fee of not less than one hundred nor more than15
one hundred fifty dollars for each course approved. In addition, all providers16
submitting course reports shall pay a fee of not less than one nor more than five17
dollars per participant.18
(8) Any person seeking approval of continuing education credit when those19
credits were not approved pursuant to Paragraph (7) of this Subsection, shall pay a20
fee of not less than twenty-five dollars nor more than fifty dollars for each fifteen21
hours of continuing education credit.22
Section 8. R.S. 38:2216(E) is hereby amended and reenacted to read as follows:23
§2216. Written contract and bond24
* * *25
E. In the event the responsible bidder, though meeting the requirements of26
Subsection D of this Section, is unable to secure the performance bond required27
under Subsection C(1) of this Section, the responsible bidder shall pay a fee equal28
to the cost of a Small Business Administration guaranteed bond, as provided for29 SB NO. 590
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under the provisions of Subsection C(1) of this Section. All such fees shall be paid1
into the state treasury by the commissioner of administration and shall be credited2
to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond3
Security and Redemption Fund, after a sufficient amount is allocated from that fund4
to pay all obligations secured by the full faith and credit of the state which become5
due and payable within any fiscal year, the treasurer shall, prior to placing such6
remaining funds in the state general fund, pay into a special fund, which is hereby7
created in the state treasury and designated as the "Small Contract Bond Fund", an8
amount equal to the total amount of the fees paid to the commissioner under this9
Subsection. The monies in the Small Contract Bond Fund shall be used solely to10
offset future defaults which may arise under the program established by this11
Subsection, subject to legislative appropriation.12
* * *13
Section 9. R.S. 39:100.94(B)(1), 2162(B), and 2165.11(B) are hereby amended and14
reenacted to read as follows:15
§100.94. Grants for Grads Program; grants; recapture of grant funds under certain16
circumstances17
* * *18
B. Grant award. (1) Grant awards shall be provided from monies appropriated19
from the Grants for Grads Fund. by the legislature. A grant award shall be given20
to a graduate whose application has been deemed by the agency to be timely,21
authentic, and complete and who has been selected as one of one hundred grantees22
in a random lottery conducted by the agency by January thirty-first of each year. The23
lottery pool shall include all graduate applicants who have filed applications within24
the last calendar year. If there are less than one hundred applicants for grant awards25
in a given calendar year, then the requirement of a lottery shall be dispensed with and26
all applicants shall be awarded grants. At the time of the awarding of a grant to a27
married person, if his spouse has registered for the program, then the spouse's28
participation in the program shall be combined with the grantee spouse's application29 SB NO. 590
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for purposes of this Subpart. The awarding of a grant shall be evidenced by written1
notification to the grantee, which notification shall clearly state the amount of the2
grant and the start and end dates of the award period. The agency shall provide such3
notification within sixty days after completion of the lottery. The award period shall4
be from the start date through the last day of the thirty-sixth month thereafter. Once5
a grant has been awarded to a married person, then there shall be no eligibility for6
any additional award or increment of an award to his spouse.7
* * *8
§2162. Rewards for fraud and abuse information9
* * *10
B. The attorney general shall grant rewards only to the extent monies are11
appropriated for this purpose from the Hurricane Relief Programs Fraud Detection12
Fund by the legislature. The attorney general shall determine the amount of a13
reward, not to exceed two thousand dollars per individual per action, and establish14
a process to grant the reward in accordance with rules and regulations promulgated15
in accordance with the Administrative Procedure Act.16
* * *17
§2165.11. Rewards for fraud and abuse information18
* * *19
B. The attorney general shall grant rewards only to the extent monies are20
appropriated for this purpose from the Oil Spill Relief Programs Fraud Detection21
Fund by the legislature. The attorney general shall determine the amount of a22
reward, not to exceed two thousand dollars per individual per action, and establish23
a process to grant the reward in accordance with rules and regulations promulgated24
in accordance with the Administrative Procedure Act.25
Section 10. R.S. 47:463.88(E) is hereby amended and reenacted to read as follows:26
§463.88. Special prestige license plates; Kappa Alpha Psi Fraternity, Inc.27
* * *28
GE. The secretary shall establish rules and regulations as are necessary to29 SB NO. 590
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implement the provisions of this Section, including but not limited to rules and1
regulations governing the collection and disbursement of fees, the transfer and2
disposition of such license plates, the colors available, and the design criteria.3
Section 11. R.S. 51:955.4(F) is hereby amended and reenacted to read as follows:4
§955.4. Duties of the council; strategic plan; subcommittees; staff; grants,5
contributions, and appropriations6
* * *7
F. The executive director may apply for, accept, and utilize grants,8
contributions, and other funding through the Broadband Infrastructure and9
Information Technology Fund in order to carry out the duties and goals set forth by10
the council.11
Section 12. Sections 2, 3, 4(C), and 5 of Act No. 1212 of the 2001 Regular Session12
are hereby amended and reenacted to read as follows:13
* * *14
Section 2. There is hereby established a special custodial fund in the state15
treasury to be known as the "Manufactured and Mobile Homes Settlement Fund",16
hereinafter "the fund". The source of monies in the fund shall be all All state monies17
which are associated with the payment of the state sales and use taxes on18
manufactured and mobile homes which are presently held in escrow by the office of19
motor vehicles, Department of Public Safety, pursuant to the Order dated October20
22, 1999, in "Shirley M. Avants and Jim W. Miley v. John Neely Kennedy,21
Secretary, Department of Revenue and Taxation, State of Louisiana; and Elmer22
Litchfield, Sheriff of East Baton Rouge Parish.", shall be deposited into the state23
treasury. The secretary of the Department of Revenue shall pay the judgment24
rendered on February 5, 2001, in the matter of "Shirley M. Avants and Jim W. Miley25
v. John Neely Kennedy, Secretary, Department of Revenue and Taxation, State of26
Louisiana; and Elmer Litchfield, Sheriff of East Baton Rouge Parish", bearing No.27
434,575 on the docket of the Nineteenth Judicial District Court, in the amount of28
$5,167,194.00, plus interest from the date of the judgment out of the funds in escrow.29 SB NO. 590
SLS 12RS-696 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Once this payment is made and an order is issued releasing the funds from escrow,1
the state treasurer shall transfer all remaining state tax monies held in escrow to the2
fund state general fund. Monies in the fund shall only be used for the purpose of3
satisfying the settlement of the litigation. Except as provided in this Act, such4
monies shall not be placed in the state general fund nor be subject to appropriation.5
The fund shall be administered by the Department of Revenue.6
Section 3. The secretary of the Department of Revenue shall pay , from7
monies in the fund, the amount of state sales or use taxes paid by those persons who8
are plaintiffs on or before the effective date of this Act in "Nancy C. Stevens and9
Edward J. Istre, Jr. v. Brett Crawford, Secretary, Department of Revenue, State of10
Louisiana", bearing No. 466,122 on the docket of the Nineteenth Judicial District11
Court, "Darla M. Rossi, et al v. Cynthia Bridges, Secretary, Department of Revenue,12
State of Louisiana", bearing No. 478,526 on the docket of the Nineteenth Judicial13
District Court, and "Jim W. Miley, Individually, and on behalf of all others similarly14
situated v. John Neely Kennedy, Secretary, Department of Revenue and Taxation,15
State of Louisiana", bearing No. 4695 on the docket of the Board of Tax Appeals for16
the state of Louisiana.17
* * *18
Section 4.19
* * *20
C. Notwithstanding the formula specified in this Section, no individual's21
settlement amount shall exceed the amount of state sales or use tax he actually paid.22
The settlement payments with regard to these claims shall be made out of the fund23
by the Department of Revenue. Such settlement payments will only be made after24
the Department of Revenue receives notification from the Board of Tax Appeals that25
all claims filed in accordance with this Section have been considered and notice of26
the board's disposition of each such claim.27
Section 5. Notwithstanding any provision of this Act to the contrary, after28
the payments set forth in Sections 3 and 4 of this Act are made, any money that29 SB NO. 590
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words in boldface type and underscored are additions.
remains in the Manufactured and Mobile Homes Settlement Fund shall be deposited1
in and credited to the state general fund.2
* * *3
Section 12. R.S. 2:904; R.S. 3:283.2(H), Part II of Chapter 4-A of Title 3 of the4
Louisiana Revised Statutes of 1950, comprised of R.S. 3:321 through 323, and 3391.13; R.S.5
17:10.3, 421.12, 2036, and 3042.11; R.S. 23:1310.12, Part XIII of Chapter 11 of Title 236
of the Louisiana Revised Statutes of 1950, comprised of R.S. 23:1771 through 1776, and7
3003; R.S. 25:933(16), 940 and 942; R.S. 27:270(B); R.S. 29:731.1; R.S. 30:2417(B) and8
(C); R.S. 32:412(H)(2) and (3), and 783(H); R.S. 33:3006, 4769 and 4770; R.S. 37:3119;9
Subpart H of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes10
of 1950, comprised of R.S. 39:100.11 and 100.12, Subpart L of Part II of Chapter 1 of11
Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.12
39:100.36, Subpart P of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised13
Statutes of 1950, comprised of R.S. 39:100.71, 100.93, Subpart P-3 of Part II of Chapter 114
of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.15
39:100.101, Subpart Q of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana16
Revised Statutes of 1950, comprised of R.S. 39:100.121, Subpart Q-1 of Part II of Chapter17
1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.18
39:122, Subpart Q-2 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised19
Statutes of 1950, comprised of R.S. 39:100.123, Subpart Q-3 of Part II of Chapter 1 of20
Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.21
39:100.124, Subpart Q-4 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana22
Revised Statutes of 1950, comprised of R.S. 39:100.125, R.S. 39:127.2, 2161, and 2165.10;23
Part LX of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of24
R.S. 40:1300.221, and 1300.263; R.S. 46: 2609 and 2802, Chapter 65 of Title 46 of the25
Louisiana Revised Statutes of 1950, comprised of R.S. 46:2901; R.S. 47:120.81, 322.44,26
332.15, 332.50, 463.88(F) and (G); R.S. 48:393; and R.S. 51:955.5, 1262.1, and 2315(D),27
are hereby repealed in their entirety.28
Section 13. The state treasurer is authorized and directed to transfer any balances29 SB NO. 590
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words in boldface type and underscored are additions.
remaining in the funds repealed and abolished in Sections 1 through 12 of this Act to the1
state general fund.2
Section 14. This Act shall become effective on July 1, 2012; if vetoed by the3
governor and subsequently approved by the legislature, this Act shall become effective on4
July 1, 2012, or on the day following such approval by the legislature, whichever is later.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
Present law establishes various special treasury funds to provide for a dedicated source of
monies for certain activities of the state and to account for and to provide for disposition of
certain monies collected by state agencies.
Proposed law repeals prior law establishing certain special treasury funds and provides for
the deposit of monies formerly associated with certain funds into the state general fund.
Proposed law affects the following funds:
The General Aviation and Reliever Airport Maintenance Grant Program Fund,
Agricultural Products Processing Development Fund, Rural Development Fund,
Formosan Termite Initiative Fund, School and District Accountability Rewards
Fund, Job Reserve Fund, Teacher Education Incentive Program Trust Fund,
Louisiana Opportunity Loan Fund, Teacher Educational Aid for Children Fund,
Director Of Workers' Compensation Revolving Fund, Domestic Violence Victims
Account, Special Fund for the Vocational Rehabilitation of Individuals with
Disabilities, Louisiana Historic Cemetery Trust Fund, Casino Gaming Proceeds
Fund, State Disaster or Emergency Relief Fund, Used Oil Recycling Trust Fund,
Office of Motor Vehicle Testing Fund, Greater New Orleans Expressway
Commission Additional Cost Fund, Louisiana Used Motor Vehicle Commission
Fund, Allen Parish Local Government Gaming Mitigation Fund, Louisiana Blighted
Property Reclamation Revolving Loan Fund, Louisiana Auctioneers Licensing Board
Fund, Addictive Disorders Professionals Licensing and Certification Fund, Small
Contract Bond Fund, Municipalities Energy Expense Fund, Louisiana Economic and
Port Development Infrastructure Fund, Manufactured Home Tax Fairness Fund,
Grants for Grads Fund, FEMA Mobile Home Reimbursement Fund, Hurricane
Recovery Health Insurance Premium Fund, Center of Excellence for Autism
Spectrum Disorder Fund, Walking the Walk of Our Kids Fund, Technology
Commercialization Fund, Statewide Education Facilities Fund, Capitol Complex
Master Plan Fund, Hurricane Relief Programs Fraud Detection Fund, Oil Spill Relief
Programs Fraud Detection Fund, Community-based Primary Health Care Initiative
Fund, Tobacco Control Program Fund, Louisiana Children Youth and Families
Investment Fund, Child Poverty Prevention Fund, Community Hospital Stabilization
Fund, Claiborne Parish Tourism and Economic Development Fund, St. Helena Parish
Tourist Commission Fund, Kappa Kamp Fund, Railroad Crossing Safety Fund,
Broadband Infrastructure and Information Technology Fund, Louisiana Welcome
Center Improvement Fund, Rural Economic Development Account, and the
Manufactured and Mobile Homes Settlement Fund.
Proposed law directs the treasurer to transfer any balances remaining in certain funds
repealed by proposed law to the state general fund on the effective date of the Act. SB NO. 590
SLS 12RS-696 ORIGINAL
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words in boldface type and underscored are additions.
Effective July 1, 2012.
(Amends R.S. 17:3045.3 and 3045.8; R.S. 23:3003; R.S. 25:933(9) through (15), and
941(A) and (B)(1)(intro. para.); R.S. 32:57(G)(2), 171(F)(1) and (2), 175(C)(4), the
introduction paragraph of 412(H)(intro. para.) and (H)(1), and 783(G); R.S. 36:209(T); R.S.
37:3390.6; R.S. 38:2216(E); R.S. 39:100.94(B)(1), 2162(B), and 2165.11(B); R.S.
47:463.88(E); R.S. 51:955.4(F); and Sections 2, 3, 4(C), and 5 of Act No. 1212 of the 2001
Regular Session; adds R.S. 3:3391.12(C); repeals R.S. 2:904; R.S. 3:283.2(H), R.S. 3:321
through 323, and 3391.13; R.S. 17:10.3, 421.12, 2036, and 3042.11; R.S. 23:1310.12, and
R.S. 23:1771 through 1776, and 3003; R.S. 25:933(16), 940 and 942; R.S. 27:270(B); R.S.
29:731.1; R.S. 30:2417(B) and (C); R.S. 32:412(H)(2) and (3) and 783(H); R.S. 33:3006,
4769 and 4770; R.S. 37:3119; R.S. 39:100.11, 100.12, 100.36, 100.71, 100.93, 100.101,
100.121, 122, 100.123, 100.124, 100.125, 127.2, 2161, and 2165.10; R.S. 40:1300.221 and
1300.263; R.S. 46: 2609 and 2802, R.S. 46:2901; R.S. 47:120.81, 322.44, 332.15, 332.50,
463.88(F) and (G); R.S. 48:393; R.S. 51:955.5, 1262.1, and 2315(D))