Page 1 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 2 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 3 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 5 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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: