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Regular Session, 2012 ENROLLED
SENATE BILL NO. 590
BY SENATOR ALARIO
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 of the Legislature; to enact7
R.S. 3:3391.12(C); and to repeal R.S. 2:904; R.S. 3:283.2(H), Part II of Chapter 4-A8
of Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S. 3:3219
through 323, and 3391.13; R.S. 17:10.3, 421.12, 2036, and 3042.11; R.S.10
23:1310.12, and Part XIII of Chapter 11 of Title 23 of the Louisiana Revised Statutes11
of 1950, comprised of R.S. 23:1771 through 1776; 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
Subpart P of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised18
Statutes of 1950, comprised of R.S. 39:100.71, 100.93, Subpart P-3 of Part II of19
Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,20
comprised of R.S. 39:100.101, Subpart Q of Part II of Chapter 1 of Subtitle I of Title21
39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.121, Subpart22
Q-2 of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes23
of 1950, comprised of R.S. 39:100.123, Subpart Q-3 of Part II of Chapter 1 of24
Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.25 SB NO. 590 ENROLLED
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39:100.124, Subpart Q-4 of Part II of Chapter 1 of Subtitle I of Title 39 of the1
Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.125, R.S. 39:127.2,2
2161, and 2165.10; Part LX of Chapter 5 of Title 40 of the Louisiana Revised3
Statutes of 1950, comprised of R.S. 40:1300.221 and 1300.263; R.S. 46:2609 and4
2802; R.S. 47:120.81, 322.44, 332.15, 332.50, 463.88(F) and (G); R.S. 48:393; R.S.5
51:955.5, 1262.1, and 2315(D), relative to the elimination of certain special treasury6
funds; to eliminate the General Aviation and Reliever Airport Maintenance Grant7
Program Fund, Agricultural Products Processing Development Fund, Rural8
Development Fund, Formosan Termite Initiative Fund, School and District9
Accountability Rewards Fund, Teacher Educational Aid for Children Fund, Job10
Reserve Fund, Teachers Education Incentive Program Trust Fund, Louisiana11
Opportunity Loan Fund, Director of Workers' Compensation Revolving Fund,12
Domestic Violence Victims Account, Special Fund for the Vocational Rehabilitation13
of Individuals with Disabilities, Louisiana Historic Cemetery Trust Fund, Casino14
Gaming Proceeds Fund, State Disaster or Emergency Relief Fund, Used Oil15
Recycling Trust Fund, Greater New Orleans Expressway Commission Additional16
Cost Fund, Office of Motor Vehicles Testing Fund, Louisiana Used Motor Vehicle17
Commission Fund, Allen Parish Local Government Gaming Mitigation Fund,18
Louisiana Blighted Property Reclamation Revolving Loan Fund, Louisiana19
Auctioneers Licensing Board Fund, Addictive Disorders Professionals Licensing and20
Certification Fund, Small Contract Bond Fund, Municipalities Energy Expense Fund,21
Louisiana Economic and Port Development Infrastructure Fund, Manufactured22
Home Tax Fairness Fund, Grants for Grads Fund, FEMA Mobile Home23
Reimbursement Fund, Hurricane Recovery Health Insurance Premium Fund,24
Walking the Walk of Our Kids Fund, Technology Commercialization Fund,25
Statewide Education Facilities Fund, Capitol Complex Master Plan Fund, Hurricane26
Relief Programs Fraud Detection Fund, Oil Spill Relief Programs Fraud Detection27
Fund, Community-based Primary Health Care Initiative Fund, Tobacco Control28
Program Fund, Louisiana Children, Youth and Families Investment Fund, Child29
Poverty Prevention Fund, St. Helena Parish Tourist Commission Fund, Claiborne30 SB NO. 590 ENROLLED
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Parish Tourism and Economic Development Fund, Kappa Kamp Fund, Railroad1
Crossing Safety Fund, Broadband Infrastructure and Information Technology Fund,2
Louisiana Welcome Center Improvement Fund, Rural Economic Development3
Account, and the Manufactured and Mobile Homes Settlement Fund; to authorize the4
transfer of balances between funds; to provide for deposit of monies into the state5
general fund; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 3:3391.12(C) is hereby enacted to read as follows:8
§3391.12. Enforcement; civil penalties9
* * *10
C. All assessments, fees, penalties, and other funds received under the11
provisions of this Part shall be deposited immediately upon receipt into the state12
treasury.13
Section 2. R.S. 17:3045.3 and 3045.8 are hereby amended and reenacted to read as14
follows:15
§3045.3. Appropriation; procedure16
A. The legislature shall appropriate all funds out of the LA-OP Loan Fund17
to the commission for the commission's use in making loans in addition to any18
appropriation to the commission from the state general fund for the purpose of19
making loans pursuant to this Chapter.20
B. The commission may administer and manage all money, including any21
appropriation to the commission from the state general fund for the purpose of22
making loans pursuant to this Chapter, all interest made on loans pursuant to this23
Chapter and all principal repaid on loans that has been appropriated in whatever24
manner maximizes the amount of money available for LA-OP loans that is consistent25
with federal reinsurance requirements and state budget practices.26
* * *27
§3045.8. Loan funds; availability28
The receipt of a LA-OP loan by an eligible borrower is subject to the29
availability of lending capital provided by appropriation and LA-OP Loan Fund30 SB NO. 590 ENROLLED
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balances.1
Section 3. R.S. 23:3003 is hereby amended and reenacted to read as follows:2
§3003. Donations; department's authority to receive3
The Louisiana Workforce Commission may receive any donations, either4
from public or private sources offered unconditionally, or under such conditions5
related to the vocational rehabilitation of persons disabled in industry or otherwise6
determined by the department to be proper and consistent with the provisions of this7
Part. All the monies received as donations shall be deposited in the state treasury and8
shall constitute a permanent fund to be called the special fund for the vocational9
rehabilitation of individuals with disabilities. A full report of all donations received10
and accepted, together with the names of the donor and the respective amounts11
contributed by each, and all disbursements therefrom shall be submitted annually to12
the governor by the Louisiana Workforce Commission.13
Section 4. R.S. 25:933(9) through (15), and 941(A) and the introductory paragraph14
of (B)(1) are hereby amended and reenacted to read as follows:15
§933. Definitions16
The following words and phrases when used in this Chapter shall have the17
meanings given to them in this Section unless the context clearly indicates otherwise:18
* * *19
(9) "Fund" shall mean the Louisiana Historic Cemetery Trust Fund.20
(10) "Grave space" shall mean a grave, crypt, vault, niche, tomb, lawn crypt,21
or any other property used or intended to be used for the interment of human22
remains. The term shall also include any marker or other means of commemoration23
associated with the grave space.24
(11) (10) "Historic cemetery" shall mean any abandoned cemetery located in25
the state that is more than fifty years old and is not subject to the laws, rules, and26
regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes27
of 1950.28
(12) (11) "Human skeletal remains" shall mean any part of the body of a29
deceased human being in any stage of decomposition.30 SB NO. 590 ENROLLED
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(13) (12) "Isolated grave" shall mean any marked grave site that is not part1
of a larger cemetery and is not subject to the laws, rules, and regulations of the board2
or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. The term shall3
also include groupings of multiple graves that are not part of a larger cemetery.4
(14) (13) "Modification" shall mean the altering of the original substance of5
a grave space.6
(15) (14) "Program" shall mean the Louisiana Historic Cemetery Preservation7
Program.8
(16) (15) "Unmarked burial site" shall have the same meaning as provided9
in R.S. 8:673.10
* * *11
§941. Louisiana Historic Cemetery Trust Fund Advisory Board; creation;12
membership13
A. There is hereby created the Louisiana Historic Cemetery Trust Fund14
Advisory Board within the Department of Culture, Recreation and Tourism, office15
of cultural development, division of archaeology.16
B.(1) The Louisiana Historic Cemetery Trust Fund Advisory Board shall be17
comprised of nine members as follows:18
* * *19
Section 5. R.S. 32:57(G)(2), 171(F)(1) and (2), 175(C)(4), the introductory20
paragraph of 412(H)and (H)(1), and 783(G) are hereby amended and reenacted to read as21
follows:22
§57. Penalties; alternatives to citation23
* * *24
G.25
* * *26
(2) All proceeds generated by this additional cost shall be deposited into the27
state treasury. After compliance with the requirements of Article VII, Section 9(B)28
of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,29
and prior to monies being placed in the state general fund, an amount equal to that30 SB NO. 590 ENROLLED
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deposited as required in this Subsection shall be credited to a special fund hereby1
created in the state treasury to be known as the Greater New Orleans Expressway2
Commission Additional Cost Fund. The monies in this fund shall be appropriated by3
the legislature to the Greater New Orleans Expressway Commission and shall be4
used by the commission to supplement the salaries of P.O.S.T. certified officers and5
for the acquisition or upkeep of police equipment. All unexpended and6
unencumbered monies in this fund at the end of the fiscal year shall remain in such7
fund. The monies in this fund shall be invested by the state treasurer in the same8
manner as monies in the state general fund and interest earned on the investment of9
monies shall be credited to this fund, again, following compliance with the10
requirements of Article VII, Section 9(B) of the Constitution, relative to the Bond11
Security and Redemption Fund. The monies appropriated by the legislature pursuant12
to this Paragraph shall not displace, replace, or supplant appropriations otherwise13
made from the general fund for the Greater New Orleans Expressway Commission.14
* * *15
§171. Obedience to signal indicating approach to train; reporting violations;16
penalties17
* * *18
F. Any person who violates any provision of this Section shall be fined as19
follows:20
(1) On first offense the fine shall be not more than two hundred dollars or21
imprisonment for not more than thirty days, or both. In addition, the person in22
violation shall be required to attend an Operation Lifesaver Course to be given by a23
certified Operation Lifesaver presenter within one hundred eighty days after24
adjudication of the citation. It shall be the responsibility of the violator to notify the25
appropriate court of the successful completion of the Operation Lifesaver Course.26
Twenty-five dollars of each fine imposed pursuant to the provisions of this Paragraph27
shall be collected by the court and shall immediately be forwarded to the state28
treasurer for deposit in the state treasury. After compliance with the requirements29
of Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to that30 SB NO. 590 ENROLLED
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deposited into the state treasury shall be deposited and credited to the Railroad1
Crossing Safety Fund as created pursuant to the provisions of R.S. 48:393.2
(2) On second and each subsequent offense, the fine shall not be more than3
five hundred dollars or imprisonment for not more than ninety days, or both. In4
addition, the person in violation shall be required to attend a one-day safe driver's5
course designed by Operation Lifesaver within one hundred eighty days after6
adjudication of the citation. It shall be the responsibility of the violator to notify the7
appropriate court of the successful completion of the Operation Lifesaver Course.8
Twenty-five dollars of each fine imposed pursuant to the provisions of this Paragraph9
shall be collected by the court and shall immediately be forwarded to the state10
treasurer for deposit in the state treasury. After compliance with the requirements of11
Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to that12
deposited into the state treasury shall be deposited in and credited to the Railroad13
Crossing Safety Fund pursuant to R.S. 48:393.14
* * *15
§175. Vehicles must yield at railroad grade crossings; exceptions; penalties for16
violations17
* * *18
C. Any person who violates any provision of this Section shall be fined as19
follows:20
* * *21
(4) No less than twenty-five dollars of each fine imposed pursuant to the22
provisions of this Section shall be collected by the court and shall immediately be23
forwarded to the state treasurer for deposit in the state treasury. After compliance24
with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana,25
an amount equal to that deposited into the state treasury shall be deposited in and26
credited to the Railroad Crossing Safety Fund pursuant to R.S. 48:393.27
* * *28
§412. Amount of fees; credit or refund; duration of license; disbursement of funds;29
renewal by mail or electronic commerce of Class "D" or "E" drivers'30 SB NO. 590 ENROLLED
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licenses; disposition of certain fees; exception1
* * *2
H. Each person who takes a test a second or subsequent time, whether written3
or driving, which is administered by the office of motor vehicles in connection with4
an application for the issuance or renewal of a driver's license shall pay a testing fee.5
The fee shall not be refundable. The office of motor vehicles shall establish the fee6
by rule adopted in accordance with the Administrative Procedure Act. The amount7
of the fee shall not exceed ten dollars. The fees collected under the provisions of this8
Subsection shall be subject to the following provisions:9
(1) The fees shall be deposited immediately upon receipt into the state10
treasury.11
* * *12
§783. Used Motor Vehicle Commission; appointment and qualification; terms of13
office; powers and duties14
* * *15
G. All fees and charges under the provisions of this Chapter shall be collected16
and received by the executive director of the commission and deposited by him in17
a special fund to be known as the Louisiana Used Motor Vehicle Commission Fund.18
The proceeds of the fund shall be disbursed by him at the direction of the19
commission in administering and enforcing the provisions of this Chapter.20
* * *21
Section 6. R.S. 36:209(T) is hereby amended and reenacted to read as follows:22
§209. Transfer of boards, commissions, departments, and agencies to Department of23
Culture, Recreation and Tourism24
* * *25
T. The Louisiana Historic Cemetery Trust Fund Advisory Board (R.S.26
25:940-943) shall be placed within the Department of Culture, Recreation and27
Tourism as provided for agencies transferred in accordance with R.S. 36:802.28
* * *29
Section 7. R.S. 37:3390.6 is hereby amended and reenacted to read as follows:30 SB NO. 590 ENROLLED
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§3390.6. Addictive Disorders Professionals Licensing and Certification Fund1
A. There is hereby established in the state treasury a special fund to be known2
as the "Addictive Disorders Professionals Licensing and Certification Fund,"3
hereinafter referred to as the "fund."4
B. Out of the funds remaining in the Bond Security and Redemption Fund5
after a sufficient amount is allocated from that fund to pay all obligations secured by6
the full faith and credit of the state that become due and payable within a fiscal year,7
the treasurer in each fiscal year shall pay into the fund an amount equal to the total8
amount of all donations, penalties, and licensing and certification fees collected9
pursuant to the provisions of this Chapter.10
C. The monies in this fund shall be used solely as provided in Subsection D11
hereof and only in the amounts appropriated by the legislature. All unexpended and12
unencumbered monies in the fund at the end of the fiscal year shall remain in the13
fund and be available for appropriation in the next fiscal year in the same manner as14
provided herein. Monies in the fund shall be invested by the state treasurer with the15
same authority and subject to the same restrictions as for investment of the state16
general fund. Interest earned on the investment of these monies shall be credited to17
the state general fund.18
D. The monies in the fund shall be used by the Department of Health and19
Hospitals solely for the administration, monitoring, and enforcement of the licensing20
and certification provisions of this Chapter.21
E A. The department shall, by rule, adopt a schedule of fees and penalties to22
be charged relative to the issuance of licenses and certifications, as provided in this23
Chapter.24
F B. The department is authorized to impose and collect the following fees:25
(1) Each application for a licensed addiction counselor, certified addiction26
counselor, or registered addiction counselor shall be accompanied by a fee prescribed27
by the department. The fee for processing the application shall be in an amount at28
least sufficient to cover the cost of processing the application, but shall not be less29
than one hundred dollars nor more than three hundred dollars. The fee for30 SB NO. 590 ENROLLED
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administering the written examination shall be in an amount at least sufficient to1
cover the cost of administering the written examination, but shall not be less than one2
hundred dollars nor more than three hundred dollars. The fee for the oral3
examination or case presentation shall not be less than one hundred dollars nor more4
than three hundred dollars. The renewal fee for a licensed addiction counselor,5
certified addiction counselor, or registered addiction counselor shall not be less than6
one hundred dollars nor more than three hundred dollars.7
(2) Each application for a certified prevention specialist or registered8
preventionist shall be accompanied by a fee prescribed by the department. The fee9
for processing the application shall be in an amount at least sufficient to cover the10
cost of processing the application, but shall not be less than one hundred dollars nor11
more than three hundred dollars. The fee for administering the written examination12
shall be in an amount at least sufficient to cover the cost of administering the written13
examination, but shall not be less than one hundred dollars nor more than three14
hundred dollars. The renewal fee for a certified prevention specialist or registered15
preventionist shall not be less than one hundred dollars nor more than three hundred16
dollars.17
(3) Each application for a certified clinical supervisor or certified compulsive18
gambling counselor shall be accompanied by a fee prescribed by the department. The19
fee for processing the application shall be in an amount at least sufficient to cover20
the cost of processing the application, but shall not be less than fifty dollars nor more21
than two hundred dollars. The fee for administering the written examination shall be22
in an amount at least sufficient to cover the cost of administering the written23
examination, but shall not be less than fifty dollars nor more than two hundred24
dollars. The renewal fee for a certified clinical supervisor or certified compulsive25
gambling counselor shall not be less than one hundred dollars nor more than three26
hundred dollars.27
(4) Each application for a counselor-in-training or prevention specialist-in-28
training shall be accompanied by a fee prescribed by the department. The fee shall29
be in an amount at least sufficient to cover the cost of processing the application, but30 SB NO. 590 ENROLLED
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shall not be less than twenty-five dollars nor more than one hundred dollars. The1
renewal fee for a certified clinical supervisor or certified compulsive gambling2
counselor shall not be less than twenty-five dollars nor more than one hundred3
dollars.4
(5) Each application for an addiction treatment assistant shall be accompanied5
by a fee prescribed by the department. The fee for processing the application shall6
be in an amount at least sufficient to cover the cost of processing the application, but7
shall not be less than twenty-five dollars nor more than one hundred dollars. The fee8
for administering the written examination shall be in an amount at least sufficient to9
cover the cost of administering the written examination, but shall not be less than10
twenty-five dollars nor more than one hundred dollars. The renewal fee for an11
addiction treatment assistant shall not be less than twenty-five nor more than one12
hundred dollars.13
(6) The department may require that each application or request for a copy14
of any roster maintained pursuant to R.S. 37:3388.4(9) be accompanied by a fee of15
not less than one hundred dollars nor more than three hundred dollars.16
(7) Each training or educational institute, provider, or institution shall pay a17
fee of not less than two hundred nor more than two hundred fifty dollars to the18
department in order to be authorized to provide approved education, training, and19
courses. Such authorization shall be valid for a period of one year. For those20
education providers who elect not to seek annual approval, the department is21
authorized to impose and collect a fee of not less than one hundred nor more than22
one hundred fifty dollars for each course approved. In addition, all providers23
submitting course reports shall pay a fee of not less than one nor more than five24
dollars per participant.25
(8) Any person seeking approval of continuing education credit when those26
credits were not approved pursuant to Paragraph (7) of this Subsection, shall pay a27
fee of not less than twenty-five dollars nor more than fifty dollars for each fifteen28
hours of continuing education credit.29
Section 8. R.S. 38:2216(E) is hereby amended and reenacted to read as follows:30 SB NO. 590 ENROLLED
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§2216. Written contract and bond1
* * *2
E. In the event the responsible bidder, though meeting the requirements of3
Subsection D of this Section, is unable to secure the performance bond required4
under Subsection Paragraph (C)(1) of this Section, the responsible bidder shall pay5
a fee equal to the cost of a Small Business Administration guaranteed bond, as6
provided for under the provisions of Subsection Paragraph (C)(1) of this Section.7
All such fees shall be paid into the state treasury by the commissioner of8
administration and shall be credited to the Bond Security and Redemption Fund. Out9
of the funds remaining in the Bond Security and Redemption Fund, after a sufficient10
amount is allocated from that fund to pay all obligations secured by the full faith and11
credit of the state which become due and payable within any fiscal year, the treasurer12
shall, prior to placing such remaining funds in the state general fund, pay into a13
special fund, which is hereby created in the state treasury and designated as the14
"Small Contract Bond Fund", an amount equal to the total amount of the fees paid15
to the commissioner under this Subsection. The monies in the Small Contract Bond16
Fund shall be used solely to offset future defaults which may arise under the program17
established by this Subsection, subject to legislative appropriation.18
* * *19
Section 9. R.S. 39:100.94(B)(1), 2162(B), and 2165.11(B) are hereby amended and20
reenacted to read as follows:21
§100.94. Grants for Grads Program; grants; recapture of grant funds under certain22
circumstances23
* * *24
B. Grant award. (1) Grant awards shall be provided from monies appropriated25
from the Grants for Grads Fund by the legislature. A grant award shall be given to26
a graduate whose application has been deemed by the agency to be timely, authentic,27
and complete and who has been selected as one of one hundred grantees in a random28
lottery conducted by the agency by January thirty-first of each year. The lottery pool29
shall include all graduate applicants who have filed applications within the last30 SB NO. 590 ENROLLED
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calendar year. If there are less than one hundred applicants for grant awards in a1
given calendar year, then the requirement of a lottery shall be dispensed with and all2
applicants shall be awarded grants. At the time of the awarding of a grant to a3
married person, if his spouse has registered for the program, then the spouse's4
participation in the program shall be combined with the grantee spouse's application5
for purposes of this Subpart. The awarding of a grant shall be evidenced by written6
notification to the grantee, which notification shall clearly state the amount of the7
grant and the start and end dates of the award period. The agency shall provide such8
notification within sixty days after completion of the lottery. The award period shall9
be from the start date through the last day of the thirty-sixth month thereafter. Once10
a grant has been awarded to a married person, then there shall be no eligibility for11
any additional award or increment of an award to his spouse.12
* * *13
§2162. Rewards for fraud and abuse information14
* * *15
B. The attorney general shall grant rewards only to the extent monies are16
appropriated for this purpose from the Hurricane Relief Programs Fraud Detection17
Fund by the legislature. The attorney general shall determine the amount of a18
reward, not to exceed two thousand dollars per individual per action, and establish19
a process to grant the reward in accordance with rules and regulations promulgated20
in accordance with the Administrative Procedure Act.21
* * *22
§2165.11. Rewards for fraud and abuse information23
* * *24
B. The attorney general shall grant rewards only to the extent monies are25
appropriated for this purpose from the Oil Spill Relief Programs Fraud Detection26
Fund by the legislature. The attorney general shall determine the amount of a27
reward, not to exceed two thousand dollars per individual per action, and establish28
a process to grant the reward in accordance with rules and regulations promulgated29
in accordance with the Administrative Procedure Act.30 SB NO. 590 ENROLLED
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Section 10. R.S. 47:463.88(E) is hereby amended and reenacted to read as follows:1
§463.88. Special prestige license plates; Kappa Alpha Psi Fraternity, Inc.2
* * *3
GE. The secretary shall establish rules and regulations as are necessary to4
implement the provisions of this Section, including but not limited to rules and5
regulations governing the collection and disbursement of fees, the transfer and6
disposition of such license plates, the colors available, and the design criteria.7
Section 11. R.S. 51:955.4(F) is hereby amended and reenacted to read as follows:8
§955.4. Duties of the council; strategic plan; subcommittees; staff; grants,9
contributions, and appropriations10
* * *11
F. The executive director may apply for, accept, and utilize grants,12
contributions, and other funding through the Broadband Infrastructure and13
Information Technology Fund in order to carry out the duties and goals set forth by14
the council.15
Section 12. Sections 2, 3, 4(C), and 5 of Act No. 1212 of the 2001 Regular Session16
of the Legislature are hereby amended and reenacted to read as follows:17
* * *18
Section 2. There is hereby established a special custodial fund in the state19
treasury to be known as the "Manufactured and Mobile Homes Settlement Fund",20
hereinafter "the fund". The source of monies in the fund shall be all All state monies21
which are associated with the payment of the state sales and use taxes on22
manufactured and mobile homes which are presently held in escrow by the office of23
motor vehicles, Department of Public Safety and Corrections, pursuant to the Order24
dated October 22, 1999, in "Shirley M. Avants and Jim W. Miley v. John Neely25
Kennedy, Secretary, Department of Revenue and Taxation, State of Louisiana; and26
Elmer Litchfield, Sheriff of East Baton Rouge Parish.", shall be deposited into the27
state treasury. The secretary of the Department of Revenue shall pay the judgment28
rendered on February 5, 2001, in the matter of "Shirley M. Avants and Jim W. Miley29
v. John Neely Kennedy, Secretary, Department of Revenue and Taxation, State of30 SB NO. 590 ENROLLED
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words in boldface type and underscored are additions.
Louisiana; and Elmer Litchfield, Sheriff of East Baton Rouge Parish", bearing No.1
434,575 on the docket of the Nineteenth Judicial District Court, in the amount of2
$5,167,194.00, plus interest from the date of the judgment out of the funds in escrow.3
Once this payment is made and an order is issued releasing the funds from escrow,4
the state treasurer shall transfer all remaining state tax monies held in escrow to the5
fund state general fund. Monies in the fund shall only be used for the purpose of6
satisfying the settlement of the litigation. Except as provided in this Act, such7
monies shall not be placed in the state general fund nor be subject to appropriation.8
The fund shall be administered by the Department of Revenue.9
Section 3. The secretary of the Department of Revenue shall pay , from10
monies in the fund, the amount of state sales or use taxes paid by those persons who11
are plaintiffs on or before the effective date of this Act in "Nancy C. Stevens and12
Edward J. Istre, Jr. v. Brett Crawford, Secretary, Department of Revenue, State of13
Louisiana", bearing No. 466,122 on the docket of the Nineteenth Judicial District14
Court, "Darla M. Rossi, et al v. Cynthia Bridges, Secretary, Department of Revenue,15
State of Louisiana", bearing No. 478,526 on the docket of the Nineteenth Judicial16
District Court, and "Jim W. Miley, Individually, and on behalf of all others similarly17
situated v. John Neely Kennedy, Secretary, Department of Revenue and Taxation,18
State of Louisiana", bearing No. 4695 on the docket of the Board of Tax Appeals for19
the state of Louisiana.20
* * *21
Section 4.22
* * *23
C. Notwithstanding the formula specified in this Section, no individual's24
settlement amount shall exceed the amount of state sales or use tax he actually paid.25
The settlement payments with regard to these claims shall be made out of the fund26
by the Department of Revenue. Such settlement payments will only be made only27
after the Department of Revenue receives notification from the Board of Tax28
Appeals that all claims filed in accordance with this Section have been considered29
and notice of the board's disposition of each such claim.30 SB NO. 590 ENROLLED
Page 16 of 17
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words in boldface type and underscored are additions.
Section 5. Notwithstanding any provision of this Act to the contrary, after1
the payments set forth in Sections 3 and 4 of this Act are made, any money that2
remains in the Manufactured and Mobile Homes Settlement Fund shall be deposited3
in and credited to the state general fund.4
* * *5
Section 13. R.S. 2:904; R.S. 3:283.2(H), Part II of Chapter 4-A of Title 3 of the6
Louisiana Revised Statutes of 1950, comprised of R.S. 3:321 through 323, and 3391.13; R.S.7
17:10.3, 421.12, 2036, and 3042.11; R.S. 23:1310.12, Part XIII of Chapter 11 of Title 23 of8
the Louisiana Revised Statutes of 1950, comprised of R.S. 23:1771 through 1776; R.S.9
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.10
32:412(H)(2) and (3), and 783(H); R.S. 33:3006, 4769 and 4770; R.S. 37:3119; Subpart H11
of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,12
comprised of R.S. 39:100.11 and 100.12, Subpart L of Part II of Chapter 1 of Subtitle I of13
Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.36, Subpart14
P of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,15
comprised of R.S. 39:100.71, 100.93, Subpart P-3 of Part II of Chapter 1 of Subtitle I of16
Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.101, Subpart17
Q of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,18
comprised of R.S. 39:100.121, Subpart Q-2 of Part II of Chapter 1 of Subtitle I of Title 3919
of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.123, Subpart Q-3 of20
Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,21
comprised of R.S. 39:100.124, Subpart Q-4 of Part II of Chapter 1 of Subtitle I of Title 3922
of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.125, R.S. 39:127.2,23
2161, and 2165.10; Part LX of Chapter 5 of Title 40 of the Louisiana Revised Statutes of24
1950, comprised of R.S. 40:1300.221, and 1300.263; R.S. 46:2609 and 2802; R.S.25
47:120.81, 322.44, 332.15, 332.50, 463.88(F) and (G); R.S. 48:393; and R.S. 51:955.5,26
1262.1, and 2315(D) are hereby repealed in their entirety.27
Section 14. The state treasurer is authorized and directed to transfer any balances28
remaining in the funds repealed and abolished in Sections 1 through 13 of this Act to the29
state general fund.30 SB NO. 590 ENROLLED
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words in boldface type and underscored are additions.
Section 15. This Act shall become effective on July 1, 2012; if vetoed by the1
governor and subsequently approved by the legislature, this Act shall become effective on2
July 1, 2012, or on the day following such approval by the legislature, whichever is later.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: