Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB500 Chaptered / Bill

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Regular Session, 2014	ENROLLED
SENATE BILL NO. 500
BY SENATOR HEITMEIER 
AN ACT1
To enact R.S. 9:154.3 and R.S. 47:7019.2, relative to collection of tolls and fees; to provide2
for the refund of monies paid by certain persons for a toll violation during the3
amnesty period to the Department of Transportation and Development; to provide4
with respect to such refunds; to declare certain funds as abandoned unclaimed5
property; to provide for the disposition of certain abandoned unclaimed funds; to6
create the Crescent City Amnesty Refund Fund as a special fund in the state treasury7
and provide for the disposition of monies in the fund; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1.  R.S. 9:154.3 is hereby enacted to read as follows:11
§154.3. Crescent City Connection amnesty program; Crescent City Amnesty12
Refund Fund; disposition13
A. Notwithstanding the provisions of R.S. 9:154 or any other provision14
of law to the contrary, the provisions of this Section shall apply to monies15
collected as a result of the amnesty program provided for in R.S. 47:7019.1 for16
those persons who failed to pay a toll to cross the Crescent City Connection17
Bridge, prior to January 1, 2013.18
B. Notwithstanding the provisions of R.S. 48:1161.2(D)(c), and prior to19
appropriation of any monies to the New Orleans Regional Planning20
Commission, on July 1, 2014, one hundred twenty-eight thousand six hundred21
eighty-one dollars of monies on deposit in the Crescent City Transition Fund22
shall be deemed abandoned funds for the purposes of treatment as unclaimed23
property in accordance with the provisions of this Section.24
C. Funds that are deemed abandoned funds pursuant to this Section25
shall be immediately transferred from the Crescent City Transition Fund by the26
ACT No. 762 SB NO. 500	ENROLLED
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state treasurer in his capacity as administrator of the Uniform Unclaimed1
Property Act.  The state treasurer shall deposit these funds into the Crescent2
City Amnesty Refund Fund as provided in this Section, and shall provide for3
the return of such funds to their owners in accordance with the Uniform4
Unclaimed Property Act during the term set forth in R.S. 47:7019.2. The state5
treasurer shall further provide for the payment of all unexpended and6
unencumbered funds remaining in the Crescent City Amnesty Refund Fund as7
of July 1, 2015, in accordance with the provisions of this Section.8
D.(1) There is hereby created the Crescent City Amnesty Refund Fund9
as a special fund in the state treasury, hereinafter referred to as the "fund".10
The source of monies for the fund shall be the monies transferred from the11
Crescent City Transition Fund as provided for this Section.12
(2) After compliance with the requirements of Article VII, Section 9(B)13
of the Constitution of Louisiana, relative to the Bond Security and Redemption14
Fund, an amount equal to that deposited into the state treasury from the15
foregoing sources shall be deposited in and credited to the fund. The monies in16
the fund shall be invested by the treasurer in the same manner as the state17
general fund, and interest earnings shall be deposited into the fund.18
(3) All unexpended and unencumbered monies remaining in the fund on19
July 1, 2015, shall be appropriated as follows:20
(a) An amount not to exceed thirty percent of the monies in the fund21
shall be appropriated to the Department of Transportation and Development22
for operational and maintenance costs for the New Orleans ferries, formerly23
operated by its Crescent City Connection Division.24
(b) The balance of the monies in the fund as of July 1, 2015, shall be25
appropriated to the New Orleans Regional Planning Commission for lighting26
of the eastbank and westbank approaches to the Crescent City Connection27
Bridge, including General DeGaulle and the Westbank Expressway approach28
through ground level, improvements to ingress and egress points, lighting,29
maintenance, grass cutting, and landscaping of the Westbank Expressway and30 SB NO. 500	ENROLLED
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its connecting arteries.1
(4) The state treasurer shall be relieved of all liability which may arise2
with respect to such distribution of funds.3
E. All data associated with monies deposited into the Crescent City4
Transition Fund that was collected by the Department of Transportation and5
Development pursuant to R.S. 47:7013.1 shall be transferred by such6
department to the state treasurer pursuant to this Section and shall be provided7
by such department to the Unclaimed Property Division in an electronic format8
as designated by such division.9
F. For the purposes of this Section, holder requirements under R.S.10
9:159 shall be deemed waived.11
G.  The state treasurer in his capacity as administrator of the Uniform12
Unclaimed Property Act may establish policies and procedures as necessary to13
implement the provisions of this Section.14
H.  All books, papers, and records transferred to the state treasurer15
pursuant to this Section shall be retained for a period of no less than five years16
following such transfer.17
I. The provisions of this Section shall supersede and control to the extent18
of conflict with any other provision of law.19
Section 2.  R.S. 47:7019.2 is hereby enacted to read as follows:20
§7019.2. Collection of tolls, fees, and charges on Crescent City Connection21
Bridge; amnesty program; refunds22
A.  Any person, who availed themselves of the toll violation amnesty23
program as provided in R.S. 47:7019.1 and made payment for a toll violation24
to the Department of Transportation and Development during the amnesty25
period shall be entitled to a refund of such monies paid if he applies to the state26
treasurer, as administrator of the Uniform Unclaimed Property Act, for the27
refund within the refund time period provided for in this Section and if he28
satisfies one of the following circumstances:29
(1) Such person possessed a valid toll tag and payment account, but due30 SB NO. 500	ENROLLED
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to no fault of his own, his toll payment account was not accessed for payment.1
(2) Such person did not possess a valid toll tag and made payment for2
fewer than five toll violations.3
B.(1) The state treasurer, as administrator of the Uniform Unclaimed4
Property Act, shall establish a program to refund monies collected during the5
amnesty period for a toll violation from any person who satisfies one of the6
circumstances provided in Subsection A of this Section and who contacts the7
state treasurer for a refund and provides the state treasurer with sufficient8
proof of the payment made that satisfied the circumstances of Subsection A of9
this Section. Any refund payment shall be made by the treasurer from the10
Crescent City Amnesty Refund Fund as provided in R.S. 9:154.3.11
(2)(a)  The state treasurer shall begin conducting the program no later12
than October 1, 2014, and shall terminate the program on June 30, 2015.13
(b) The state treasurer shall publicize the program in order to maximize14
the public awareness of and participation in the program.15
(c) After June 30, 2015, the state treasurer, as administrator of the16
Uniform Unclaimed Property Act, shall have no obligation to refund monies17
collected during the amnesty period for a toll violation which satisfies the18
circumstances of Subsection A of this Section.19
C. The provisions of Subsections A and B of this Section shall terminate20
on June 30, 2015.21
D. Notwithstanding the provisions of R.S. 47:7019.1(C)(6)(b), or any22
other law to the contrary, no action shall be taken to collect a toll violation from23
any person who possessed a valid toll tag and payment account but, due to no24
fault of his own, the toll payment account was not accessed for payment.25
E. Notwithstanding the provisions of any other law to the contrary, the26
Department of Transportation and Development, the attorney general, or the27
Department of Revenue, office of debt recovery, as applicable, shall provide the28
state treasurer with the records in each department's possession of all payments29
made during the amnesty period for toll violations which satisfied the30 SB NO. 500	ENROLLED
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circumstances of Subsection A of this Section.1
Section 2. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: