Louisiana 2018 2nd Special Session

Louisiana House Bill HB31 Latest Draft

Bill / Introduced Version

                            HLS 182ES-79	ORIGINAL
2018 Second Extraordinary Session
HOUSE BILL NO. 31
BY REPRESENTATIVE GARY CARTER
FUNDS/FUNDING:  Repeals the termination date on the New Orleans Ferry Fund and
dedicates a portion of the truck and trailer fees collected in Jefferson Parish into the
Jefferson Parish Maintenance and Improvement Fund (Item #10)
1	AN ACT
2To amend and reenact R.S. 47:481 and R.S. 48:196(A)(introductory paragraph) and 197 and
3 to  repeal R.S. 48:25.2(D), relative to certain registration and license fees and taxes
4 collected on trucks and trailers; to provide for the collection, deposit, and
5 appropriation of such registration and license fees and taxes collected in certain
6 parishes; to create the Jefferson Parish Maintenance and Improvement Fund; to
7 provide for the deposit, use, and investment of monies in the fund; to provide for the
8 New Orleans Ferry Fund; to repeal the termination date of the New Orleans Ferry
9 Fund; to provide for an effective date; and to provide for related matters.  
10Be it enacted by the Legislature of Louisiana:
11 Section 1.  R.S. 47:481 is hereby amended and reenacted to read as follows: 
12	§481.  Disposition of collections
13	Except as provided in R.S. 47:480, all fees and taxes provided for in this
14 Chapter, including the permit fees, shall be paid to the state treasurer on or before the
15 tenth day of each month following their collection and shall be credited to the
16 account of the Transportation Trust Fund, the State Highway Improvement Fund,
17 state highway fund No. 2, and the New Orleans Ferry Fund, and the Jefferson Parish
18 Maintenance and Improvement Fund, as provided by law.
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HB NO. 31
1 Section 2.  R.S. 48:196(A)(introductory paragraph)  and 197 are hereby amended and
2reenacted to read as follows:
3 §196.  State Highway Improvement Fund
4	A.  There is hereby created, as a special fund in the state treasury, the State
5 Highway Improvement Fund, hereinafter referred to as the "fund."  The source of
6 monies in this fund shall be registration and license fees and taxes collected by the
7 state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in such amounts as
8 remain after payment of amounts due on bonds and related expenses as provided in
9 the documents pursuant to which the bonds were issued under the provisions of R.S.
10 48:196.1.  Beginning July 1, 2007, and each fiscal year thereafter, after satisfaction
11 of the requirements of the provisions of R.S. 48:196.1 and compliance with the
12 requirements of Article VII, Section 9(B) of the Constitution of Louisiana, and after
13 making the allocation for state highway fund No. 2, and the New Orleans Ferry
14 Fund, and the Jefferson Parish Maintenance and Improvement Fund, the treasurer
15 shall deposit into the fund the following amounts:
16	*          *          *
17 §197.  Motor vehicle license tax; Transportation Trust Fund Jefferson Parish
18	Maintenance and Improvement Fund
19	A.(1)  Beginning From January 1, 2013, and each fiscal year thereafter,
20 through June 30, 2018, after compliance with the requirements of Article VII,
21 Section 9(B) of the Constitution of Louisiana, and after making the allocation for
22 state highway fund No. 2, the treasurer shall deposit into the Transportation Trust
23 Fund fifty percent of all funds derived from the collection of registration and license
24 fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S.
25 47:481, in the parishes of Orleans, Jefferson, St. John the Baptist, St. Charles,
26 Tangipahoa, and St. Tammany.  
27	(2)  Beginning July 1, 2018, and each fiscal year thereafter, after compliance
28 with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana,
29 after making the allocation for state highway fund No. 2 for the Greater New Orleans
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HB NO. 31
1 Expressway Commission, and after making the allocation for the New Orleans Ferry
2 Fund pursuant to R.S. 48:25.2, and after making the allocation for the Jefferson
3 Parish Maintenance and Improvement Fund pursuant to Subsection B of this Section,
4 the treasurer shall deposit into the Transportation Trust Fund the remaining monies
5 derived from the collection of registration and license fees and taxes collected by the
6 state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in the parishes of
7 Jefferson, St. Charles, St. John the Baptist, Tangipahoa, and St. Tammany.
8	B.  There is hereby created, as a special fund in the state treasury, the
9 Jefferson Parish Maintenance and Improvement Fund, hereinafter referred to as the
10 "fund". Beginning July 1, 2018, and each fiscal year thereafter, after compliance with
11 the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, after
12 making the allocation for state highway fund No. 2 for the Greater New Orleans
13 Expressway Commission, the treasurer shall deposit into the fund fifteen percent of
14 the remaining monies derived from the collection of registration and license fees and
15 taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481,
16 in Jefferson Parish.
17	C.  The monies in the fund shall be subject to an annual appropriation by the
18 legislature and shall be used only as provided in Subsection D of this Section.  The
19 monies in the fund shall be invested by the treasurer in the same manner as the
20 monies in the state general fund, and all interest earned shall be deposited and
21 credited to the fund.  All unexpended or unencumbered monies remaining in the fund
22 at the end of the fiscal year shall remain to the credit of the fund.
23	D.  Monies from the fund shall be appropriated to the governing authority of
24 Jefferson Parish and shall be used exclusively for maintenance and improvements
25 of state highways and non-federal aid routes in Jefferson Parish.
26 Section 3.  R.S. 48:25.2(D) is hereby repealed in its entirety.
27 Section 4.  Sections 3, 4, and 5 of this Act shall become effective upon signature of
28this Act by the governor or, if not signed by the governor, upon expiration of the time for
29bills to become law without signature by the governor, as provided by Article III, Section
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HB NO. 31
118 of the Constitution of Louisiana. If this Act is vetoed by the governor and subsequently
2approved by the legislature, Sections 3, 4, and 5 of this Act shall become effective on the day
3following such approval. 
4 Section 5.  Sections 1 and 2 of this Act shall become effective on July 1, 2018; if
5vetoed by the governor and subsequently approved by the legislature, Sections 1 and  2 of
6this Act shall become effective on July 1, 2018, or on the day following such approval by
7the legislature, whichever is later.
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 31 Original 2018 Second Extraordinary Session Gary Carter
Abstract:  Changes the dedication of a portion of motor vehicle license taxes on trucks and
trailers collected in Jefferson Parish from the Transportation Trust Fund to the
Jefferson Parish Maintenance and Improvement Fund and repeals the termination
date for the New Orleans Ferry Fund.
Present law dedicates 50% of all motor vehicle license taxes collected in Orleans, Jefferson,
St. Charles, St. John the Baptist, Tangipahoa, and St. Tammany parishes to state highway
fund No. 2 for the Greater New Orleans Expressway Commission.  
Present law (R.S. 48:197) dedicates 50% of motor vehicle license taxes on trucks and trailers
collected in Orleans, Jefferson, St. Charles, St. John the Baptist, Tangipahoa, and St.
Tammany parishes to the Transportation Trust Fund (TTF). 
Proposed law terminates the 50% dedication to the TTF in present law beginning on July 1,
2018, and instead dedicates to the TTF the remaining motor vehicle license taxes on trucks
and trailers collected in Jefferson, St. Charles, St. John the Baptist, Tangipahoa, and St.
Tammany parishes, net of allocations to the Bond Security and Redemption Fund (BSRF),
state highway fund No. 2, New Orleans Ferry Fund, and the newly created Jefferson Parish
Maintenance and Improvement Fund.
Proposed law creates the Jefferson Parish Maintenance and Improvement Fund (the parish
fund) as a special treasury fund.  Dedicates 15% of the motor vehicle license taxes on trucks
and trailers collected in Jefferson Parish, net of allocations to the BSRF and state highway
fund No. 2, into the parish fund for appropriation to the parish governing authority for
maintenance and improvements of state highways and non-federal aid routes in Jefferson
Parish.
Present law (R.S. 48:25.2) dedicates a portion of the motor vehicle license tax on trucks and
trailers collected in Orleans Parish to the New Orleans Ferry Fund.  Present law,  creating
the New Orleans Ferry Fund, terminates on June 30, 2018.
Proposed law repeals the termination date of the New Orleans Ferry Fund in present law.
Repeal of the termination of the New Orleans Ferry Fund effective upon signature of the
governor.  Remaining provisions of proposed law effective July 1, 2018.
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HB NO. 31
(Amends R.S. 47:481 and R.S. 48:196(A)(intro. para.) and 197; Repeals R.S. 48:25.2(D))
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are additions.