SLS 16RS-306 ORIGINAL
2016 Regular Session
SENATE BILL NO. 346
BY SENATOR CARTER
FUNDS/FUNDING. Provides relative to certain special funds in the state treasury. (gov sig)
1 AN ACT
2 To enact R.S. 49:308.2 and to repeal R.S. 49:308.3, relative to special funds and dedications
3 of money; to provide for the abolition of certain special treasury funds and
4 dedications; 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. 49:308.2 is hereby enacted to read as follows:
7 ยง308.2. Special funds and dedications of money
8 A. Notwithstanding any other law to the contrary and except as provided
9 by the Constitution of Louisiana and Subsection B of this Section, all special
10 funds in the state treasury are abolished and any and all laws of the state which
11 dedicate or otherwise provide for the use of money required by the Constitution
12 of Louisiana to be deposited in the state treasury are superseded on the effective
13 date of this Act. The treasurer is therefore authorized and directed to transfer
14 the unobligated balances of the abolished funds and deposit them into the
15 general fund. Notwithstanding the laws requiring certain money to be deposited
16 in and credited to such abolished special funds, the treasurer, upon receipt of
17 such money, and after compliance with the requirements of Article VII, Section
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1 9(B) of the constitution relative to the Bond Security and Redemption Fund,
2 shall deposit the money in and credit it to the general fund. All interest earned
3 on investment of the money shall be deposited in and credited to the general
4 fund.
5 B. This Section shall not apply to or affect the laws which dedicate or
6 otherwise provide for the use of the following money or the laws which provide
7 for the following special funds in the state treasury:
8 (1) Special funds or dedications of money established in or protected by
9 the Constitution of Louisiana or special funds containing money not required
10 by the constitution to be deposited in the state treasury.
11 (2) Special funds established in the treasury or dedications of money
12 established solely as a requirement of the terms and conditions of, or as a
13 requirement of an agreement pertaining to, the following:
14 (a) Grants, donations, or other forms of assistance when the terms
15 require otherwise.
16 (b) Court or regulatory agency orders or judgments.
17 (c) Contracts of the state or of its agencies, boards, or commissions,
18 including contracts related to the issuance of bonds, notes, or other evidence of
19 indebtedness.
20 (d) A contract concerning the satisfaction of final judgments, settlements,
21 or compromises.
22 (3) Special funds and dedications of money provided by law funded by
23 assessments or surcharges for the satisfaction of final judgments, settlements,
24 orders, awards, or compromises.
25 (4) Special funds and dedications of money provided by law related to
26 the judiciary or the legislature.
27 (5) Any funds including interest earned thereon which are paid or
28 deposited on a voluntary basis by persons or other nonstate or private legal
29 entities for their protection or benefit.
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1 C. This Section shall not apply to that portion of any special fund or
2 dedication of funds allocated or distributed to a local governmental or
3 nongovernmental entity which authorizes the issuance of bonds, notes, and
4 other evidences of indebtedness to such entity and only in the event that such
5 monies are pledged for the payment of bonds, notes, and other evidences of
6 indebtedness as of the effective date of this Act.
7 Section 2. R.S. 49:308.3 is hereby repealed.
8 Section 3. The Louisiana State Law Institute is hereby authorized and requested to
9 review all statutes relative to special treasury funds and dedicated funds abolished in this Act
10 and change any references it deems appropriate in other locations of the Louisiana Revised
11 Statutes of 1950.
12 Section 4. This Act shall become effective upon signature by the governor or, if not
13 signed by the governor, upon expiration of the time for bills to become law without signature
14 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
15 vetoed by the governor and subsequently approved by the legislature, this Act shall become
16 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
SB 346 Original 2016 Regular Session Carter
Proposed law specifically provides that notwithstanding any other law to the contrary and
except as provided by the Constitution of Louisiana and the exceptions provided below, all
special funds in the state treasury are abolished and any and all laws of the state which
dedicate or otherwise provide for the use of money required by the Constitution of Louisiana
to be deposited in the state treasury are superseded on the effective date of this Act.
Proposed law provides that the treasurer is authorized and directed to transfer the balances
of the abolished funds and deposit them into the general fund. Notwithstanding laws
requiring certain money to be deposited in and credited to such abolished special funds, the
treasurer, upon receipt of such money, and after compliance with the requirements of Article
VII, Section 9(B) of the constitution relative to the Bond Security and Redemption Fund,
shall deposit the money in and credit it to the general fund. All interest earned on investment
of the money shall be deposited in and credited to the general fund.
Proposed law provides that the abolition of special treasury funds shall not apply to or affect
the laws which dedicate or otherwise provide for the use of the following money or the laws
which provide for the following:
(1)Special funds or dedications of money established in or protected by the Constitution
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of Louisiana or special funds containing money not required by the constitution to
be deposited in the state treasury.
(2)Special funds established in the treasury or dedications of money established solely
as a requirement of the terms and conditions of, or as a requirement of an agreement
pertaining to, the following:
(a)Grants, donations, or other forms of assistance.
(b)Court or regulatory agency orders or judgments.
(c)Contracts of the state or of its agencies, boards, or commissions, including
contracts related to the issuance of bonds, notes, and other indebtedness.
(d)A contract concerning the satisfaction of final judgments, settlements, or
compromises.
(3)Special funds and dedications of money provided by law funded by assessments or
surcharges for the satisfaction of final judgments, settlements, orders, awards, or
compromises.
(4)Special funds and dedications of money provided by law related to the judiciary or
the legislature.
(5)Any funds including interest earned thereon which are paid or deposited on a
voluntary basis by persons or other private legal entities for their protection or
benefit.
Proposed law provides that the abolition shall not apply to that portion of any special fund
or dedication of funds allocated or distributed to a local governmental or non-governmental
entity which authorizes the issuance of bonds, notes, and other evidences of indebtedness
to such entity and only in the event that such monies have been obligated into bonds, notes,
and other evidences of indebtedness as of the effective date of this Act.
Proposed law also provides that upon the effective date of this Act, the state treasurer is
hereby authorized and directed to create a subfund within the state general fund and to
deposit monies sufficient for the satisfaction of the obligations of such local governmental
or non-governmental entity.
Repeals provisions of present law which abolished certain special treasury funds, including
certain excluded funds therein, as provided in R.S. 49:308.3, and originally enacted under
the provisions of Act 5 of the First Extraordinary Session of 1988, effective July 1, 1988,
and subsequent statutory changes which may be in conflict with the proposed law statutory
provisions.
Repeals several exclusions in present law relative to the abolition of laws dedicating money
or special funds, as follows:
(1)The Hazardous Waste Site Cleanup Fund created and maintained pursuant to R.S.
30:2205 and the Environmental Trust Fund created and maintained pursuant to R.S.
30:2015.
(2)This Section shall not apply to or affect R.S. 47:5001 et seq. relative to the State Tax
Revenue Limit.
(3)This Section shall not apply to the Motorcycle Safety, Awareness, and Operator
Training Program Fund as provided in R.S. 32:412(C)(2), the Proprietary School
Student Protection Fund as provided for in R.S. 17:3141.16.
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Requests the La. State Law Institute to review all statutes relative to special treasury funds
and dedicated funds abolished in this Act and change any references it deems appropriate
in other locations of the Louisiana Revised Statutes of 1950.
Effective upon governor's signature or lapse of time for gubernatorial action.
(Adds R.S. 49:308.2; repeals R.S. 49:308.3)
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