Louisiana 2015 Regular Session

Louisiana Senate Bill SB123 Latest Draft

Bill / Introduced Version

                            SLS 15RS-461	ORIGINAL
2015 Regular Session
SENATE BILL NO. 123
BY SENATOR ADLEY 
FUNDS/FUNDING.  Constitutional amendment to provide, beginning Fiscal Year 2016-
2017, for certain dedications from the Transportation Trust Fund. (2/3-CA13s1(A))
1	A JOINT RESOLUTION
2 Proposing to amend Article VII, Section 27(B) of the Constitution of Louisiana, relative to
3 the Transportation Trust Fund; to provide for dedication of monies in the fund; to
4 provide for the uses of monies in the fund; to provide for a limitation on the
5 dedication of monies to the Parish Transportation Fund; and to specify an election
6 for submission of the proposition to electors and provide a ballot proposition.
7 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
8 elected to each house concurring, that there shall be submitted to the electors of the state, for
9 their approval or rejection in the manner provided by law, a proposal to amend Article VII,
10 Section 27(B) of the Constitution of Louisiana, to read as follows:
11 ยง27. Transportation Trust Fund
12	Section 27.
13	*          *          *
14	(B) The monies in the trust fund shall be appropriated or dedicated solely and
15 exclusively for the costs for and associated with construction and maintenance of the
16 roads and bridges of the state and federal highway systems, the Statewide
17 Flood-Control Program or its successor, ports, airports, transit, state police for traffic
Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 123
SLS 15RS-461	ORIGINAL
1 control purposes, and the Parish Transportation Fund or its successor and for the
2 payment of all principal, interest, premium, if any, and other obligations incident to
3 the issuance, security, and payment in respect of bonds or other obligations payable
4 from the trust fund as authorized in Paragraph (D) hereof. Unless pledged to the
5 repayment of bonds authorized in Paragraphs (C) or (D) of this Section, the monies
6 in the trust fund allocated to ports, airports, flood control, parish transportation, and
7 state highway construction shall be appropriated annually by the legislature only
8 pursuant to programs established by law which establish a system of priorities for the
9 expenditure of such monies, except that the Transportation Infrastructure Model for
10 Economic Development, which shall include only those projects enumerated in
11 House Bill 17 of the 1989 First Extraordinary Session of the Legislature and US
12 Highway 61 from Thompson Creek to the Mississippi Line, in lieu of "US 61-Bains
13 to Mississippi Line", and US Highway 165 from I-10 to Alexandria to Monroe to
14 Bastrop and thence on US Highway 425 from Bastrop to the Arkansas Line, in lieu
15 of "US 165-I-10 Alexandria-Monroe-Bastrop-Arkansas Line" and LA 15-Natchez,
16 Mississippi to Chase in lieu of "LA 15-Natchez, Mississippi to Monroe", shall be
17 funded as provided by law. The Beginning in Fiscal Year 2016-2017, state
18 generated tax monies appropriated or dedicated solely and exclusively for ports,
19 Parish Transportation Fund, or its successor, and the Statewide Flood-Control
20 Program, or its successor, and state police for traffic control purposes shall not
21 exceed twenty percent annually of the state generated tax revenues in the trust fund;
22 provided, however, that no less more than the avails of one cent of the tax on
23 gasoline and special fuels shall be appropriated or dedicated each year to the Parish
24 Transportation Fund, or its successor. The annual appropriation or dedication for
25 airports shall be a sum equal to, but not greater than, the annual estimated revenue
26 to be derived from the state taxes to be collected and received on aviation fuel.
27 Unencumbered and unexpended balances at the end of each fiscal year shall remain
28 in the trust fund. The earnings realized in each fiscal year on the investment of
29 monies in the trust fund shall be deposited in and credited to the trust fund.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 123
SLS 15RS-461	ORIGINAL
1	*          *          *
2 Section 2.  Be it further resolved that this proposed amendment shall be submitted
3 to the electors of the state of Louisiana at the statewide election to be held on October 24,
4 2015.
5 Section 3.  Be it further resolved that on the official ballot to be used at said election
6 there shall be printed a proposition, upon which the electors of the state shall be permitted
7 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
8 follows:
9	Do you support an amendment that deletes state police for traffic control
10	purposes as one of the eligible uses of monies in the Transportation Trust
11	Fund; that beginning in Fiscal Year 2016-2017, the appropriation or
12	dedication solely and exclusively to ports, the Parish Transportation Fund,
13	and the Statewide Flood-Control Program shall not exceed twenty percent
14	annually of the state generated tax revenues in the Transportation Trust Fund;
15	provided, however, that no more than the avails of one cent of the tax on
16	gasoline and special fuels in the trust fund shall be appropriated or dedicated
17	each year to the Parish Transportation Fund?
18	(Amends Article VII, Section 27(B))
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jay R. Lueckel.
DIGEST
SB 123 Original 2015 Regular Session	Adley
Present constitution provides for the creation of the Transportation Trust Fund (trust fund),
and the sources of monies to be deposited into the fund from the avails received in each year
from taxes levied on gasoline and motor fuels and on special fuels.
Present constitution provides that after satisfying certain pledges for the payment of bonds
or other evidences of indebtedness, the treasurer shall allocate excess revenues and all
monies appropriated by the Federal Highway Administration or its successor and the Federal
Aviation Administration or its successor, either reimbursed or paid directly, to the trust fund.
Proposed constitutional amendment retains present constitution.
Present constitution provides that the monies in the trust fund shall be appropriated or
dedicated solely and exclusively for the costs for and associated with construction and
maintenance of the roads and bridges of the state and federal highway systems, the Statewide
Flood-Control Program, or its successor, ports, airports, transit, state police for traffic control
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 123
SLS 15RS-461	ORIGINAL
purposes, and the Parish Transportation Fund, or its successor, and the payment of bonds
secured by the trust fund.
Proposed constitutional amendment deletes state police for traffic control purposes as one
of the eligible uses of monies in the Transportation Trust Fund.
Present constitution provides that the state generated tax monies appropriated for ports,
Parish Transportation Fund, the Statewide Flood-Control Program, and state police for
traffic control purposes shall not exceed twenty percent annually of the state generated tax
revenues in the trust fund; provided, however, that no less than the avails of one cent of the
tax on gasoline and special fuels shall be appropriated each year to the Parish Transportation
Fund, or its successor.
Proposed constitutional amendment provides that beginning in Fiscal Year 2016-2017, the
appropriation or dedication to ports, the Parish Transportation Fund, and the Statewide
Flood-Control Program shall not exceed twenty percent annually of the state generated tax
revenues in the Transportation Trust Fund and that no more than the avails of one cent of the
tax on gasoline and special fuels in the trust fund shall be appropriated or dedicated each
year to the Parish Transportation Fund.
Specifies submission of the amendment to the voters at the statewide election to be held on
October 24, 2015.
(Amends Const. Art. VII, Sec. 27(B))
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.