Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB500 Engrossed / Bill

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Regular Session, 2014
SENATE BILL NO. 500
BY SENATOR HEITMEIER 
ROADS/HIGHWAYS.  Provides for refund of certain collections in the amnesty program
for the Crescent City Connection Bridge. (gov sig)
AN ACT1
To enact R.S. 47:7019.2, relative to collection of tolls and fees; to provide for the refund of2
monies paid by certain persons for a toll violation during the amnesty period to the3
Department of Transportation and Development; to provide with respect to such4
refunds; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 47:7019.2 is hereby enacted to read as follows:7
ยง7019.2. Collection of tolls, fees, and charges on Crescent City Connection8
Bridge; amnesty program; refunds9
A. Any person, who availed themselves of the toll violation amnesty10
program as provided in R.S. 47:7019.1 and made payment for a toll violation11
to the Department of Transportation and Development during the amnesty12
period shall be entitled to a refund of such monies paid if he applies to the state13
treasurer for the refund within the refund time period provided for in this14
Section and if he satisfies one of the following circumstances:15
(1) Such person possessed a valid toll tag and payment account, but due16
to no fault of his own, his toll payment account was not accessed for payment.17 SB NO. 500
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words in boldface type and underscored are additions.
(2) Such person did not possess a valid toll tag and made payment for1
less than five toll violations.2
B. (1) The state treasurer shall establish a program to refund monies3
collected during the amnesty period for a toll violation from any person who4
satisfies one of the circumstances provided in Subsection A of this Section and5
who contacts the state treasurer for a refund and provides the state treasurer6
with sufficient proof of the payment made that satisfied the circumstances of7
Subsection A of this Section.8
(2)(a) The state treasurer shall begin conducting the program no later9
than October 1, 2014, and shall terminate the program on December 31, 2015.10
(b) The state treasurer shall publicize the program in order to maximize11
the public awareness of and participation in the program.12
(c) After December 31, 2015, the state treasurer shall have no obligation13
to refund monies collected during the amnesty period for a toll violation which14
satisfies the circumstances of Subsection A of this Section.15
C. Notwithstanding the provisions of R.S. 48:1161.2(D)(c), any refund16
payment shall be made from money appropriated to the state treasurer from17
the Crescent City Transition Fund prior to any appropriation of monies in the18
Crescent City Transition Fund to the department for use by the New Orleans19
Regional Planning Commission.20
D. The provisions of Subsections A through C of this Section shall21
terminate on January 1, 2016.22
E. Notwithstanding the provisions of R.S. 47:7019.1(C)(6)(b), or any23
other law to the contrary, no action shall be taken to collect a toll violation from24
any person who possessed a valid toll tag and payment account, but due to no25
fault of his own, the toll payment account was not accessed for payment.26
F. Notwithstanding the provisions of any other law to the contrary, the27
Department of Transportation and Development, the attorney general, or the28
Department of Revenue, office of debt recovery, as applicable, shall provide the29 SB NO. 500
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state treasurer with the records in each department's possession of all payments1
made during the amnesty period for toll violations which satisfied the2
circumstances of Subsection A of this Section.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
The original instrument was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Martha Hess.
DIGEST
Heitmeier (SB 500)
Proposed law provides that any person who availed himself of the toll violation amnesty
program as provided in R.S. 47:7019.1, made payment for a toll violation to the Dept. of
Transportation and Development (DOTD) during the amnesty period, who contacts the state
treasurer for a refund, and provides the state treasurer with sufficient proof of the payment
of the toll violation, is entitled to a refund of such monies paid if he satisfies one of the
following:
(1)Such person possessed a valid toll tag and payment account, but due to no fault of
his own, his toll payment account was not accessed for payment.
(2)Such person did not possess a valid toll tag and made payment for fewer than five
toll violations.
Proposed law requires the state treasurer to establish a refund program.
Proposed law requires the state treasurer to begin the program no later than October 1, 2014,
and terminate the program on December 31, 2015. Requires the state treasurer to publicize
the program to maximize the public awareness of and participation in the program. Provides
the state treasurer has no obligation to refund monies collected during the amnesty period
for a toll violation after December 31, 2015.
Proposed law provides refunds paid under the program established pursuant to proposed law
shall be made from money appropriated to the state treasurer prior to any appropriation of
monies designated to fund the refunds to the Department of Transportation and Development
for use by the New Orleans Regional Planning Commission.
Proposed law provides that the refund program terminates on January 1, 2016.
Proposed law forgives the toll violations of any person who possessed a valid toll tag and
payment account, but due to no fault of his own, the toll payment account was not accessed
for payment.
Proposed law requires DOTD, attorney general, or the office of debt recovery, as applicable,
to provide the state treasurer with the records in each department's possession of all toll SB NO. 500
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words in boldface type and underscored are additions.
violation payments made during the amnesty period.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 47:7019.2)
Summary of Amendments by Senate
Committee Amendments Proposed by Senate Committee on Revenue and Fiscal Affairs
to the original bill
1.Moves responsibility for establishing, conducting, and publicizing the program from
the DOTD to the New Orleans Regional Planning Commission.
2.Gives refunds paid under the program established pursuant to proposed law priority
over any other use of the monies designated to fund the refunds.
3.Forgives the toll violations of any person who possessed a valid toll tag and payment
account, but due to no fault of his own, the toll payment account was not accessed
for payment.
Committee Amendments Proposed by Senate Committee on Finance to the engrossed
bill
1.Moves responsibility for establishing, conducting, and publicizing the program from
the New Orleans Regional Planning Commission to the state treasurer.
2.Provides that person who is claiming refund must contact the state treasurer for a
refund and provide the state treasurer with sufficient proof that the payment sought
to be refunded was made.
3.Provides refunds shall be paid from money appropriated to the state treasurer from
dedicated fund prior to appropriation of monies in dedicated fund to DOTD for use
by the New Orleans Regional Planning Commission.
4.Technical amendment to correct provisions regarding termination of refund program.
5.Requires DOTD, attorney general, or the office of debt recovery, as applicable, to
provide the state treasurer with the records in each department's possession of all toll
violation payments made during the amnesty period.