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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. 39:100.122, Subpart Q-2 of Part II of Chapter 1 of7
Subtitle 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; R.S. 47:120.81, 322.44, 332.15,14
332.50, 463.88(F) and (G); R.S. 48:393; R.S. 51:955.5, 1262.1, and 2315(D), relative15
to the elimination of certain special treasury funds; to eliminate the General Aviation16
and Reliever Airport Maintenance Grant Program Fund, Agricultural Products17
Processing Development Fund, Rural Development Fund, Formosan Termite18
Initiative Fund, School and District Accountability Rewards Fund, Teacher19
Educational Aid for Children Fund, Job Reserve Fund, Teachers Education Incentive20
Program Trust Fund, Louisiana Opportunity Loan Fund, Director of Workers'21
Compensation Revolving Fund, Domestic Violence Victims Account, Special Fund22
for the Vocational Rehabilitation of Individuals with Disabilities, Louisiana Historic23
Cemetery Trust Fund, Casino Gaming Proceeds Fund, State Disaster or Emergency24
Relief Fund, Used Oil Recycling Trust Fund, Greater New Orleans Expressway25
Commission Additional Cost Fund, Office of Motor Vehicles Testing Fund,26
Louisiana Used Motor Vehicle Commission Fund, Allen Parish Local Government27
Gaming Mitigation Fund, Louisiana Blighted Property Reclamation Revolving Loan28
Fund, Louisiana Auctioneers Licensing Board Fund, Addictive Disorders29 SB NO. 590
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Professionals Licensing and Certification Fund, Small Contract Bond Fund,1
Municipalities Energy Expense Fund, Louisiana Economic and Port Development2
Infrastructure Fund, Manufactured Home Tax Fairness Fund, Grants for Grads Fund,3
FEMA Mobile Home Reimbursement Fund, Hurricane Recovery Health Insurance4
Premium Fund, Center of Excellence for Autism Spectrum Disorder Fund, Walking5
the Walk of Our Kids Fund, Technology Commercialization Fund, Statewide6
Education Facilities Fund, Capitol Complex Master Plan Fund, Hurricane Relief7
Programs Fraud Detection Fund, Oil Spill Relief Programs Fraud Detection Fund,8
Community-based Primary Health Care Initiative Fund, Tobacco Control Program9
Fund, Louisiana Children, Youth and Families Investment Fund, Child Poverty10
Prevention Fund, St. Helena Parish Tourist Commission Fund, Claiborne Parish11
Tourism and Economic Development Fund, Kappa Kamp Fund, Railroad Crossing12
Safety Fund, Broadband Infrastructure and Information Technology Fund, Louisiana13
Welcome Center Improvement Fund, Rural Economic Development Account, and14
the Manufactured and Mobile Homes Settlement Fund; to authorize the transfer of15
balances between funds; to provide for deposit of monies into the state general fund;16
and to provide for related matters.17
Be it enacted by the Legislature of Louisiana:18
Section 1. R.S. 3:3391.12(C) is hereby enacted to read as follows:19
§3391.12. Enforcement; civil penalties20
* * *21
C. All assessments, fees, penalties, and other funds received under the22
provisions of this Part shall be deposited immediately upon receipt into the state23
treasury.24
Section 2. R.S. 17:3045.3 and 3045.8 are hereby amended and reenacted to read as25
follows:26
§3045.3. Appropriation; procedure27
A. The legislature shall appropriate all funds out of the LA-OP Loan Fund28
to the commission for the commission's use in making loans in addition to any29 SB NO. 590
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appropriation to the commission from the state general fund for the purpose of1
making loans pursuant to this Chapter.2
B. The commission may administer and manage all money, including any3
appropriation to the commission from the state general fund for the purpose of4
making loans pursuant to this Chapter, all interest made on loans pursuant to this5
Chapter and all principal repaid on loans that has been appropriated in whatever6
manner maximizes the amount of money available for LA-OP loans that is consistent7
with federal reinsurance requirements and state budget practices.8
* * *9
§3045.8. Loan funds; availability10
The receipt of a LA-OP loan by an eligible borrower is subject to the11
availability of lending capital provided by appropriation and LA-OP Loan Fund12
balances.13
Section 3. R.S. 23:3003 is hereby amended and reenacted to read as follows:14
§3003. Donations; department's authority to receive15
The Louisiana Workforce Commission may receive any donations, either16
from public or private sources offered unconditionally, or under such conditions17
related to the vocational rehabilitation of persons disabled in industry or otherwise18
determined by the department to be proper and consistent with the provisions of this19
Part. All the monies received as donations shall be deposited in the state treasury and20
shall constitute a permanent fund to be called the special fund for the vocational21
rehabilitation of individuals with disabilities. A full report of all donations received22
and accepted, together with the names of the donor and the respective amounts23
contributed by each, and all disbursements therefrom shall be submitted annually to24
the governor by the Louisiana Workforce Commission.25
Section 4. R.S. 25:933(9) through (15), and 941(A) and the introductory paragraph26
of (B)(1) are hereby amended and enacted to read as follows:27
§933. Definitions28
The following words and phrases when used in this Chapter shall have the29 SB NO. 590
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meanings given to them in this Section unless the context clearly indicates otherwise:1
* * *2
(9) "Fund" shall mean the Louisiana Historic Cemetery Trust Fund.3
(10) "Grave space" shall mean a grave, crypt, vault, niche, tomb, lawn crypt,4
or any other property used or intended to be used for the interment of human5
remains. The term shall also include any marker or other means of commemoration6
associated with the grave space.7
(11) (10) "Historic cemetery" shall mean any abandoned cemetery located in8
the state that is more than fifty years old and is not subject to the laws, rules, and9
regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes10
of 1950.11
(12) (11) "Human skeletal remains" shall mean any part of the body of a12
deceased human being in any stage of decomposition.13
(13) (12) "Isolated grave" shall mean any marked grave site that is not part14
of a larger cemetery and is not subject to the laws, rules, and regulations of the board15
or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. The term shall16
also include groupings of multiple graves that are not part of a larger cemetery.17
(14) (13) "Modification" shall mean the altering of the original substance of18
a grave space.19
(15) (14) "Program" shall mean the Louisiana Historic Cemetery Preservation20
Program.21
(16) (15) "Unmarked burial site" shall have the same meaning as provided22
in R.S. 8:673.23
* * *24
§941. Louisiana Historic Cemetery Trust Fund Advisory Board; creation;25
membership26
A. There is hereby created the Louisiana Historic Cemetery Trust Fund27
Advisory Board within the Department of Culture, Recreation and Tourism, office28
of cultural development, division of archaeology.29 SB NO. 590
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B.(1) The Louisiana Historic Cemetery Trust Fund Advisory Board shall be1
comprised of nine members as follows:2
* * *3
Section 5. R.S. 32:57(G)(2), 171(F)(1) and (2), 175(C)(4), the introductory4
paragraph of 412(H)and (H)(1), and 783(G) are hereby amended and reenacted to read as5
follows:6
§57. Penalties; alternatives to citation7
* * *8
G.9
* * *10
(2) All proceeds generated by this additional cost shall be deposited into the11
state treasury. After compliance with the requirements of Article VII, Section 9(B)12
of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,13
and prior to monies being placed in the state general fund, an amount equal to that14
deposited as required in this Subsection shall be credited to a special fund hereby15
created in the state treasury to be known as the Greater New Orleans Expressway16
Commission Additional Cost Fund. The monies in this fund shall be appropriated by17
the legislature to the Greater New Orleans Expressway Commission and shall be18
used by the commission to supplement the salaries of P.O.S.T. certified officers and19
for the acquisition or upkeep of police equipment. All unexpended and20
unencumbered monies in this fund at the end of the fiscal year shall remain in such21
fund. The monies in this fund shall be invested by the state treasurer in the same22
manner as monies in the state general fund and interest earned on the investment of23
monies shall be credited to this fund, again, following compliance with the24
requirements of Article VII, Section 9(B) of the Constitution, relative to the Bond25
Security and Redemption Fund. The monies appropriated by the legislature pursuant26
to this Paragraph shall not displace, replace, or supplant appropriations otherwise27
made from the general fund for the Greater New Orleans Expressway Commission.28
* * *29 SB NO. 590
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§171. Obedience to signal indicating approach to train; reporting violations;1
penalties2
* * *3
F. Any person who violates any provision of this Section shall be fined as4
follows:5
(1) On first offense the fine shall be not more than two hundred dollars or6
imprisonment for not more than thirty days, or both. In addition, the person in7
violation shall be required to attend an Operation Lifesaver Course to be given by a8
certified Operation Lifesaver presenter within one hundred eighty days after9
adjudication of the citation. It shall be the responsibility of the violator to notify the10
appropriate court of the successful completion of the Operation Lifesaver Course.11
Twenty-five dollars of each fine imposed pursuant to the provisions of this Paragraph12
shall be collected by the court and shall immediately be forwarded to the state13
treasurer for deposit in the state treasury. After compliance with the requirements14
of Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to that15
deposited into the state treasury shall be deposited and credited to the Railroad16
Crossing Safety Fund as created pursuant to the provisions of R.S. 48:393.17
(2) On second and each subsequent offense, the fine shall not be more than18
five hundred dollars or imprisonment for not more than ninety days, or both. In19
addition, the person in violation shall be required to attend a one-day safe driver's20
course designed by Operation Lifesaver within one hundred eighty days after21
adjudication of the citation. It shall be the responsibility of the violator to notify the22
appropriate court of the successful completion of the Operation Lifesaver Course.23
Twenty-five dollars of each fine imposed pursuant to the provisions of this Paragraph24
shall be collected by the court and shall immediately be forwarded to the state25
treasurer for deposit in the state treasury. After compliance with the requirements of26
Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to that27
deposited into the state treasury shall be deposited in and credited to the Railroad28
Crossing Safety Fund pursuant to R.S. 48:393.29 SB NO. 590
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* * *1
§175. Vehicles must yield at railroad grade crossings; exceptions; penalties for2
violations3
* * *4
C. Any person who violates any provision of this Section shall be fined as5
follows:6
* * *7
(4) No less than twenty-five dollars of each fine imposed pursuant to the8
provisions of this Section shall be collected by the court and shall immediately be9
forwarded to the state treasurer for deposit in the state treasury. After compliance10
with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana,11
an amount equal to that deposited into the state treasury shall be deposited in and12
credited to the Railroad Crossing Safety Fund pursuant to R.S. 48:393.13
* * *14
§412. Amount of fees; credit or refund; duration of license; disbursement of funds;15
renewal by mail or electronic commerce of Class "D" or "E" drivers'16
licenses; disposition of certain fees; exception17
* * *18
H. Each person who takes a test a second or subsequent time, whether written19
or driving, which is administered by the office of motor vehicles in connection with20
an application for the issuance or renewal of a driver's license shall pay a testing fee.21
The fee shall not be refundable. The office of motor vehicles shall establish the fee22
by rule adopted in accordance with the Administrative Procedure Act. The amount23
of the fee shall not exceed ten dollars. The fees collected under the provisions of this24
Subsection shall be subject to the following provisions:25
(1) The fees shall be deposited immediately upon receipt into the state26
treasury.27
* * *28
§783. Used Motor Vehicle Commission; appointment and qualification; terms of29 SB NO. 590
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office; powers and duties1
* * *2
G. All fees and charges under the provisions of this Chapter shall be collected3
and received by the executive director of the commission and deposited by him in4
a special fund to be known as the Louisiana Used Motor Vehicle Commission Fund.5
The proceeds of the fund shall be disbursed by him at the direction of the6
commission in administering and enforcing the provisions of this Chapter.7
* * *8
Section 6. R.S. 36:209(T) is hereby amended and reenacted to read as follows:9
§209. Transfer of boards, commissions, departments, and agencies to Department of10
Culture, Recreation and Tourism11
* * *12
T. The Louisiana Historic Cemetery Trust Fund Advisory Board (R.S.13
25:940-943) shall be placed within the Department of Culture, Recreation and14
Tourism as provided for agencies transferred in accordance with R.S. 36:802.15
* * *16
Section 7. R.S. 37:3390.6 is hereby amended and reenacted to read as follows:17
§3390.6. Addictive Disorders Professionals Licensing and Certification Fund18
A. There is hereby established in the state treasury a special fund to be known19
as the "Addictive Disorders Professionals Licensing and Certification Fund,"20
hereinafter referred to as the "fund."21
B. Out of the funds remaining in the Bond Security and Redemption Fund22
after a sufficient amount is allocated from that fund to pay all obligations secured by23
the full faith and credit of the state that become due and payable within a fiscal year,24
the treasurer in each fiscal year shall pay into the fund an amount equal to the total25
amount of all donations, penalties, and licensing and certification fees collected26
pursuant to the provisions of this Chapter.27
C. The monies in this fund shall be used solely as provided in Subsection D28
hereof and only in the amounts appropriated by the legislature. All unexpended and29 SB NO. 590
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unencumbered monies in the fund at the end of the fiscal year shall remain in the1
fund and be available for appropriation in the next fiscal year in the same manner as2
provided herein. Monies in the fund shall be invested by the state treasurer with the3
same authority and subject to the same restrictions as for investment of the state4
general fund. Interest earned on the investment of these monies shall be credited to5
the state general fund.6
D. The monies in the fund shall be used by the Department of Health and7
Hospitals solely for the administration, monitoring, and enforcement of the licensing8
and certification provisions of this Chapter.9
E A. The department shall, by rule, adopt a schedule of fees and penalties to10
be charged relative to the issuance of licenses and certifications, as provided in this11
Chapter.12
F B. The department is authorized to impose and collect the following fees:13
(1) Each application for a licensed addiction counselor, certified addiction14
counselor, or registered addiction counselor shall be accompanied by a fee prescribed15
by the department. The fee for processing the application shall be in an amount at16
least sufficient to cover the cost of processing the application, but shall not be less17
than one hundred dollars nor more than three hundred dollars. The fee for18
administering the written examination shall be in an amount at least sufficient to19
cover the cost of administering the written examination, but shall not be less than one20
hundred dollars nor more than three hundred dollars. The fee for the oral21
examination or case presentation shall not be less than one hundred dollars nor more22
than three hundred dollars. The renewal fee for a licensed addiction counselor,23
certified addiction counselor, or registered addiction counselor shall not be less than24
one hundred dollars nor more than three hundred dollars.25
(2) Each application for a certified prevention specialist or registered26
preventionist shall be accompanied by a fee prescribed by the department. The fee27
for processing the application shall be in an amount at least sufficient to cover the28
cost of processing the application, but shall not be less than one hundred dollars nor29 SB NO. 590
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more than three hundred dollars. The fee for administering the written examination1
shall be in an amount at least sufficient to cover the cost of administering the written2
examination, but shall not be less than one hundred dollars nor more than three3
hundred dollars. The renewal fee for a certified prevention specialist or registered4
preventionist shall not be less than one hundred dollars nor more than three hundred5
dollars.6
(3) Each application for a certified clinical supervisor or certified compulsive7
gambling counselor shall be accompanied by a fee prescribed by the department. The8
fee for processing the application shall be in an amount at least sufficient to cover9
the cost of processing the application, but shall not be less than fifty dollars nor more10
than two hundred dollars. The fee for administering the written examination shall be11
in an amount at least sufficient to cover the cost of administering the written12
examination, but shall not be less than fifty dollars nor more than two hundred13
dollars. The renewal fee for a certified clinical supervisor or certified compulsive14
gambling counselor shall not be less than one hundred dollars nor more than three15
hundred dollars.16
(4) Each application for a counselor-in-training or prevention specialist-in-17
training shall be accompanied by a fee prescribed by the department. The fee shall18
be in an amount at least sufficient to cover the cost of processing the application, but19
shall not be less than twenty-five dollars nor more than one hundred dollars. The20
renewal fee for a certified clinical supervisor or certified compulsive gambling21
counselor shall not be less than twenty-five dollars nor more than one hundred22
dollars.23
(5) Each application for an addiction treatment assistant shall be accompanied24
by a fee prescribed by the department. The fee for processing the application shall25
be in an amount at least sufficient to cover the cost of processing the application, but26
shall not be less than twenty-five dollars nor more than one hundred dollars. The fee27
for administering the written examination shall be in an amount at least sufficient to28
cover the cost of administering the written examination, but shall not be less than29 SB NO. 590
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twenty-five dollars nor more than one hundred dollars. The renewal fee for an1
addiction treatment assistant shall not be less than twenty-five nor more than one2
hundred dollars.3
(6) The department may require that each application or request for a copy4
of any roster maintained pursuant to R.S. 37:3388.4(9) be accompanied by a fee of5
not less than one hundred dollars nor more than three hundred dollars.6
(7) Each training or educational institute, provider, or institution shall pay a7
fee of not less than two hundred nor more than two hundred fifty dollars to the8
department in order to be authorized to provide approved education, training, and9
courses. Such authorization shall be valid for a period of one year. For those10
education providers who elect not to seek annual approval, the department is11
authorized to impose and collect a fee of not less than one hundred nor more than12
one hundred fifty dollars for each course approved. In addition, all providers13
submitting course reports shall pay a fee of not less than one nor more than five14
dollars per participant.15
(8) Any person seeking approval of continuing education credit when those16
credits were not approved pursuant to Paragraph (7) of this Subsection, shall pay a17
fee of not less than twenty-five dollars nor more than fifty dollars for each fifteen18
hours of continuing education credit.19
Section 8. R.S. 38:2216(E) is hereby amended and reenacted to read as follows:20
§2216. Written contract and bond21
* * *22
E. In the event the responsible bidder, though meeting the requirements of23
Subsection D of this Section, is unable to secure the performance bond required24
under Subsection C(1) of this Section, the responsible bidder shall pay a fee equal25
to the cost of a Small Business Administration guaranteed bond, as provided for26
under the provisions of Subsection C(1) of this Section. All such fees shall be paid27
into the state treasury by the commissioner of administration and shall be credited28
to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond29 SB NO. 590
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Security and Redemption Fund, after a sufficient amount is allocated from that fund1
to pay all obligations secured by the full faith and credit of the state which become2
due and payable within any fiscal year, the treasurer shall, prior to placing such3
remaining funds in the state general fund, pay into a special fund, which is hereby4
created in the state treasury and designated as the "Small Contract Bond Fund", an5
amount equal to the total amount of the fees paid to the commissioner under this6
Subsection. The monies in the Small Contract Bond Fund shall be used solely to7
offset future defaults which may arise under the program established by this8
Subsection, subject to legislative appropriation.9
* * *10
Section 9. R.S. 39:100.94(B)(1), 2162(B), and 2165.11(B) are hereby amended and11
reenacted to read as follows:12
§100.94. Grants for Grads Program; grants; recapture of grant funds under certain13
circumstances14
* * *15
B. Grant award. (1) Grant awards shall be provided from monies appropriated16
from the Grants for Grads Fund by the legislature. A grant award shall be given to17
a graduate whose application has been deemed by the agency to be timely, authentic,18
and complete and who has been selected as one of one hundred grantees in a random19
lottery conducted by the agency by January thirty-first of each year. The lottery pool20
shall include all graduate applicants who have filed applications within the last21
calendar year. If there are less than one hundred applicants for grant awards in a22
given calendar year, then the requirement of a lottery shall be dispensed with and all23
applicants shall be awarded grants. At the time of the awarding of a grant to a24
married person, if his spouse has registered for the program, then the spouse's25
participation in the program shall be combined with the grantee spouse's application26
for purposes of this Subpart. The awarding of a grant shall be evidenced by written27
notification to the grantee, which notification shall clearly state the amount of the28
grant and the start and end dates of the award period. The agency shall provide such29 SB NO. 590
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notification within sixty days after completion of the lottery. The award period shall1
be from the start date through the last day of the thirty-sixth month thereafter. Once2
a grant has been awarded to a married person, then there shall be no eligibility for3
any additional award or increment of an award to his spouse.4
* * *5
§2162. Rewards for fraud and abuse information6
* * *7
B. The attorney general shall grant rewards only to the extent monies are8
appropriated for this purpose from the Hurricane Relief Programs Fraud Detection9
Fund by the legislature. The attorney general shall determine the amount of a10
reward, not to exceed two thousand dollars per individual per action, and establish11
a process to grant the reward in accordance with rules and regulations promulgated12
in accordance with the Administrative Procedure Act.13
* * *14
§2165.11. Rewards for fraud and abuse information15
* * *16
B. The attorney general shall grant rewards only to the extent monies are17
appropriated for this purpose from the Oil Spill Relief Programs Fraud Detection18
Fund by the legislature. The attorney general shall determine the amount of a19
reward, not to exceed two thousand dollars per individual per action, and establish20
a process to grant the reward in accordance with rules and regulations promulgated21
in accordance with the Administrative Procedure Act.22
Section 10. R.S. 47:463.88(E) is hereby amended and reenacted to read as follows:23
§463.88. Special prestige license plates; Kappa Alpha Psi Fraternity, Inc.24
* * *25
GE. The secretary shall establish rules and regulations as are necessary to26
implement the provisions of this Section, including but not limited to rules and27
regulations governing the collection and disbursement of fees, the transfer and28
disposition of such license plates, the colors available, and the design criteria.29 SB NO. 590
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Section 11. R.S. 51:955.4(F) is hereby amended and reenacted to read as follows:1
§955.4. Duties of the council; strategic plan; subcommittees; staff; grants,2
contributions, and appropriations3
* * *4
F. The executive director may apply for, accept, and utilize grants,5
contributions, and other funding through the Broadband Infrastructure and6
Information Technology Fund in order to carry out the duties and goals set forth by7
the council.8
Section 12. Sections 2, 3, 4(C), and 5 of Act No. 1212 of the 2001 Regular Session9
are hereby amended and reenacted to read as follows:10
* * *11
Section 2. There is hereby established a special custodial fund in the state12
treasury to be known as the "Manufactured and Mobile Homes Settlement Fund",13
hereinafter "the fund". The source of monies in the fund shall be all All state monies14
which are associated with the payment of the state sales and use taxes on15
manufactured and mobile homes which are presently held in escrow by the office of16
motor vehicles, Department of Public Safety and Corrections, pursuant to the Order17
dated October 22, 1999, in "Shirley M. Avants and Jim W. Miley v. John Neely18
Kennedy, Secretary, Department of Revenue and Taxation, State of Louisiana; and19
Elmer Litchfield, Sheriff of East Baton Rouge Parish.", shall be deposited into the20
state treasury. The secretary of the Department of Revenue shall pay the judgment21
rendered on February 5, 2001, in the matter of "Shirley M. Avants and Jim W. Miley22
v. John Neely Kennedy, Secretary, Department of Revenue and Taxation, State of23
Louisiana; and Elmer Litchfield, Sheriff of East Baton Rouge Parish", bearing No.24
434,575 on the docket of the Nineteenth Judicial District Court, in the amount of25
$5,167,194.00, plus interest from the date of the judgment out of the funds in escrow.26
Once this payment is made and an order is issued releasing the funds from escrow,27
the state treasurer shall transfer all remaining state tax monies held in escrow to the28
fund state general fund. Monies in the fund shall only be used for the purpose of29 SB NO. 590
SLS 12RS-696 REENGROSSED
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words in boldface type and underscored are additions.
satisfying the settlement of the litigation. Except as provided in this Act, such1
monies shall not be placed in the state general fund nor be subject to appropriation.2
The fund shall be administered by the Department of Revenue.3
Section 3. The secretary of the Department of Revenue shall pay , from4
monies in the fund, the amount of state sales or use taxes paid by those persons who5
are plaintiffs on or before the effective date of this Act in "Nancy C. Stevens and6
Edward J. Istre, Jr. v. Brett Crawford, Secretary, Department of Revenue, State of7
Louisiana", bearing No. 466,122 on the docket of the Nineteenth Judicial District8
Court, "Darla M. Rossi, et al v. Cynthia Bridges, Secretary, Department of Revenue,9
State of Louisiana", bearing No. 478,526 on the docket of the Nineteenth Judicial10
District Court, and "Jim W. Miley, Individually, and on behalf of all others similarly11
situated v. John Neely Kennedy, Secretary, Department of Revenue and Taxation,12
State of Louisiana", bearing No. 4695 on the docket of the Board of Tax Appeals for13
the state of Louisiana.14
* * *15
Section 4.16
* * *17
C. Notwithstanding the formula specified in this Section, no individual's18
settlement amount shall exceed the amount of state sales or use tax he actually paid.19
The settlement payments with regard to these claims shall be made out of the fund20
by the Department of Revenue. Such settlement payments will only be made only21
after the Department of Revenue receives notification from the Board of Tax22
Appeals that all claims filed in accordance with this Section have been considered23
and notice of the board's disposition of each such claim.24
Section 5. Notwithstanding any provision of this Act to the contrary, after25
the payments set forth in Sections 3 and 4 of this Act are made, any money that26
remains in the Manufactured and Mobile Homes Settlement Fund shall be deposited27
in and credited to the state general fund.28
* * *29 SB NO. 590
SLS 12RS-696 REENGROSSED
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words in boldface type and underscored are additions.
Section 13. R.S. 2:904; R.S. 3:283.2(H), Part II of Chapter 4-A of Title 3 of the1
Louisiana Revised Statutes of 1950, comprised of R.S. 3:321 through 323, and 3391.13; R.S.2
17:10.3, 421.12, 2036, and 3042.11; R.S. 23:1310.12, Part XIII of Chapter 11 of Title 23 of3
the Louisiana Revised Statutes of 1950, comprised of R.S. 23:1771 through 1776, and 3003;4
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.5
32:412(H)(2) and (3), and 783(H); R.S. 33:3006, 4769 and 4770; R.S. 37:3119; Subpart H6
of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,7
comprised of R.S. 39:100.11 and 100.12, Subpart L of Part II of Chapter 1 of Subtitle I of8
Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.36, Subpart9
P of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,10
comprised of R.S. 39:100.71, 100.93, Subpart P-3 of Part II of Chapter 1 of Subtitle I of11
Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.101, Subpart12
Q of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,13
comprised of R.S. 39:100.121, Subpart Q-1 of Part II of Chapter 1 of Subtitle I of Title 3914
of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.122, Subpart Q-2 of15
Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,16
comprised of R.S. 39:100.123, Subpart Q-3 of Part II of Chapter 1 of Subtitle I of Title 3917
of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.124, Subpart Q-4 of18
Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,19
comprised of R.S. 39:100.125, R.S. 39:127.2, 2161, and 2165.10; Part LX of Chapter 5 of20
Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S. 40:1300.221, and21
1300.263; R.S. 46:2609 and 2802; R.S. 47:120.81, 322.44, 332.15, 332.50, 463.88(F) and22
(G); R.S. 48:393; and R.S. 51:955.5, 1262.1, and 2315(D) are hereby repealed in their23
entirety.24
Section 14. The state treasurer is authorized and directed to transfer any balances25
remaining in the funds repealed and abolished in Sections 1 through 13 of this Act to the26
state general fund.27
Section 15. This Act shall become effective on July 1, 2012; if vetoed by the28
governor and subsequently approved by the legislature, this Act shall become effective on29 SB NO. 590
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words in boldface type and underscored are additions.
July 1, 2012, or on the day following such approval by the legislature, whichever is later.1
The original instrument was prepared by Martha Hess. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Alan Miller.
DIGEST
Alario (SB 590)
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, 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.
Effective July 1, 2012.
(Amends R.S. 17:3045.3 and 3045.8; R.S. 23:3003; R.S. 25:933(9)-(15), and 941(A) and
(B)(1)(intro para); R.S. 32:57(G)(2), 171(F)(1) and (2), 175(C)(4), 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 SB NO. 590
SLS 12RS-696 REENGROSSED
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words in boldface type and underscored are additions.
5 of Act No. 1212 of the 2001 RS; adds R.S. 3:3391.12(C); repeals R.S. 2:904; R.S.
3:283.2(H), 321-323, and 3391.13; R.S. 17:10.3, 421.12, 2036, and 3042.11; R.S.
23:1310.12, 1771-1776, 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, 100.122, 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. 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original
bill
1. Removes the Community Hospital Stabilization Fund from the bill, thereby
continuing the existence of the Community Hospital Stabilization Fund.
2. Technical Amendments.
Senate Floor Amendments to engrossed bill
1. Retains provision relative to the La. Used Motor Vehicle Commission so that
while its fund is eliminated, the funds remain with the commission to be
disbursed by the executive director at the direction of the commission for the
purpose of administering and enforcing the provisions of present law.
2. Makes technical changes.