Louisiana 2013 2013 Regular Session

Louisiana House Bill HB320 Engrossed / Bill

                    HLS 13RS-204	ENGROSSED
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Regular Session, 2013
HOUSE BILL NO. 320
BY REPRESENTATIVE LEGER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
GAMING/REVENUE:  Provides relative to the casino support services contract
AN ACT1
To amend and reenact R.S. 27:247 and 270(A)(3)(a), relative to the casino support services2
contract; to provide for the funding of such contract; to establish the Casino Support3
Services Fund as a special treasury fund; to provide for uses of monies in the fund;4
to provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 27:247 and 270(A)(3)(a) are hereby amended and reenacted to read7
as follows: 8
§247.  Casino support services contract; Casino Support Services Fund9
A. Subject to and in accordance with the provisions of this Chapter, the10
gaming control board shall enter into a casino support services contract with the11
governing authority of the parish where the official gaming establishment is located12
in order to compensate the parish for the cost to the parish for providing support13
services resulting from the operation of the official gaming establishment and the14
activities therein.  Support services as used in this Section shall include but not be15
limited to fire, police, sanitation, health, transportation, and traffic services.  The16
amount of the contract shall be determined by negotiation and agreement between17
the gaming control board and the parish, subject to approval by the Joint Legislative18
Committee on the Budget. In the event that a new contract is not agreed upon by the19
gaming control board and the parish by March thirty-first of any year, the contract20 HLS 13RS-204	ENGROSSED
HB NO. 320
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currently in effect shall be submitted to the Joint Legislative Committee on the1
Budget for approval of the amount of the contract at the next meeting of the2
committee. If the committee approves the amount of the contract, the contract shall3
remain in full force and effect. If the committee disapproves or does not act upon4
the amount of the contract, the contract shall be null, void, and of no effect.  If the5
committee disapproves or does not act upon the amount of the contract and the6
contract is null, void, and of no effect, the treasurer shall not deposit any monies into7
the fund.8
B.(1) There is hereby created in the state treasury, as a special fund, the9
Casino Support Services Fund, hereinafter referred to as the "fund", to provide10
compensation to the parish governing authority pursuant to a casino support services11
contract executed pursuant to Subsection A of this Section.12
(2) Monies in the fund shall be invested in the same manner as monies in the13
general fund. Interest earned on investment of monies in the fund shall be credited14
to the fund.  Unexpended and unencumbered monies in the fund at the end of the15
fiscal year shall remain in the fund.16
C. Monies in the fund shall be appropriated to the parish governing authority17
and used to compensate the parish for the cost to the parish of providing support18
services resulting from the operation of the official gaming establishment and the19
activities therein.20
*          *          *21
§270. Deposit of revenues; expenditures and investments authorized; transfer of22
revenues to state treasury; corporation operating account; audit of23
corporation books and records; audits24
A.25
*          *          *26
(3)(a) Daily, the corporation shall transfer to the state treasury for deposit27
into certain funds in the treasury, as provided in this Paragraph, the amount of net28
revenues which the corporation determines are surplus to its needs. After first being29 HLS 13RS-204	ENGROSSED
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credited to the Bond Security and Redemption Fund in accordance with Article VII,1
Section 9(B) of the Constitution of Louisiana, and after satisfying any other2
requirements of the Constitution and laws of Louisiana, such net revenues shall be3
deposited as follows:4
(i)  Ten percent  The first one million eight hundred thousand dollars shall be5
deposited in and credited to the Casino Support Services Fund; the next sixty million6
dollars shall be deposited in and credited to the Support Education in Louisiana First7
Fund as provided in R.S. 17:421.7 and shall be used solely and exclusively for the8
same purposes provided for in Paragraph (B)(1) Paragraphs (B)(1) and (2) of that9
Section.10
(ii)  Any net revenues in excess of the above amounts shall be divided equally11
between the Casino Support Services Fund and the Support Education in Louisiana12
First Fund up to the actual casino support services contract amount.13
(iii) Except in a year when the Joint Legislative Committee on the Budget14
disapproves or does not act upon the amount of the casino support services contract15
as provided in R.S. 27:247 and no revenues are required to be deposited in and16
credited to the Casino Support Services Fund, and after satisfying the requirements17
of Item (i) of this Subparagraph, all such net revenues shall be deposited in and18
credited to the Casino Support Services Fund as provided in R.S. 27:247, not to19
exceed the amount required to fully fund the casino support services contract most20
recently approved by the Joint Legislative Committee on the Budget.21
(iv) Ninety percent The remainder shall be deposited in and credited to the22
Support Education in Louisiana First Fund as provided in R.S. 17:421.7.23
*          *          *24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 13RS-204	ENGROSSED
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Leger	HB No. 320
Abstract: Requires a portion of the monies collected from the operation of a land-based
casino to be deposited into a special fund to be used to compensate the parish
governing authority for support services as provided in the most recently approved
casino support services contract.
Present law provides that the gaming control board and the parish governing authority shall
enter into a casino support services contract to compensate the governing authority for
support services resulting from operation of the land-based casino. Requires approval of the
Joint Legislative Committee on the Budget (JLCB).  If a new contract is not agreed to by
March 31, the contract currently in effect shall remain in full force and effect.  If the JLCB
approves the contract, it shall remain in full force and effect.
Proposed law retains present law.
Present law provides that if the JLCB disapproves or does not act upon the amount of the
contract, it shall be nullified.
Proposed law retains present law and adds a provision that if JLCB disapproves or does not
act upon the amount of the contract, the treasurer shall not deposit any monies into the
Casino Support Services Fund which proposed law establishes as a special treasury fund to
provide compensation to the parish governing authority pursuant to a casino support services
contract. 
Proposed law provides that monies in the fund shall be appropriated to the parish governing
authority and used to compensate the parish for the cost to the parish of providing support
services resulting from the operation of the official gaming establishment and the activities
therein.
Present law provides that, of net revenues received from the land-based casino, up to
$500,000 shall be deposited into the Compulsive and Problem Gaming Fund. Further
provides that the remainder of net revenues to be deposited to the state treasury shall be
deposited as follows:
(1)10% shall be deposited in and credited to the Support Education in La. First (SELF)
Fund to be used to provide the increase in salary of certain public pre-K through 12th
grade certificated personnel and other public pre-K through 12th grade classroom
teachers as provided in present law.
(2)90% to the SELF Fund.
Proposed law provides that the revenues shall be deposited as follows:
(1)The first $1,800,000 shall be deposited into the Casino Support Services Fund.
(2)The next $60 million shall be deposited and credited to the SELF Fund.
(3)Any revenues in excess of the above amounts shall be divided equally between the
Casino Support Services Fund and the SELF Fund until the casino support services
contract has been fully funded. HLS 13RS-204	ENGROSSED
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(4)The remainder shall be deposited into and credited to the SELF Fund.
Present law establishes the SELF Fund. Provides that certain riverboat gaming franchise
fees and casino net revenues shall be used and expended solely as follows:
(1)70% percent of the monies in the fund shall be used to provide an increase in the
salary of certain pre-K through 12th grade certificated personnel and for other public
pre-K through 12th grade classroom teachers in FY 2001-2002 and annually to
support such increase.
(2)30% of the monies in the fund shall be used to provide public postsecondary
education faculty salary increases, including related benefits, to be distributed in
accordance with a plan developed jointly by the Board of Regents and the division
of administration in FY 2001-2002 and annually to support such increase.
Proposed law retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 27:247 and 270(A)(3)(a))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
original bill.
1. Provided that the first $60 million deposited into the SELF Fund be for both K-
12 and higher education, instead of K-12 education only.