2018 Regular Session ENROLLED
SENATE BILL NO. 400
BY SENATOR HEWITT AND REPRESENTATIVE EDMONDS
1 AN ACT
2 To amend and reenact R.S. 3:2(C), R.S. 9:154.3, R.S. 15:572.8(H)(1) and the introductory
3 paragraph of (2), and 921, R.S. 17:3138.4, R.S. 22:1071(D)(3)(b) and (c), and
4 1476(A)(2), R.S. 23:1170(A), 1172(A), 1172.1(C), 1172.2(D), 1178(D),
5 1291.1(C)(1) and (E), 1310.3(E), 1310.13, and 1514(D)(5), R.S. 24:653(N)(3), R.S.
6 30:2004(11), 2014(B), (D)(4)(a) and the introductory paragraph of (b), 2015(A), (B),
7 the introductory paragraph of (C), the introductory paragraph of (D), and (E),
8 2035(B)(1), 2054(B)(8), 2109(A) and (C), 2192(B)(4), 2195(B), (C), and (E),
9 2195.2(A)(4), 2195.4(C)(1) and (2), 2195.5, 2205(A)(1), and 2552(A), (B), and (C),
10 R.S. 32:202, 402.3(I), and 412(C)(2), R.S. 39:82(A), 91(B), 100.136, and 352, R.S.
11 40:1135.10, R.S. 46:1301(A)(1), R.S. 47:318(D), 463.48(D), 463.60(F), 463.148(E),
12 463.167(E), 6351(G), and 7019.2(B)(1), R.S. 49:259(D), 308.3(B)(7) and (D), and
13 308.5(B)(3) and (4), R.S. 51:2315, R.S. 56:10(B)(1)(b), 70.3, 70.4(A), 253(C)(2)(a),
14 278(A), 279(A), (C), (D)(1) and (3), 494(E)(5) and (F), 644(B), the introductory
15 paragraph of (C), (D), and (E), Code of Criminal Procedure Article 895.1(F)(2), the
16 introductory paragraph of (3), (b), and (e), Section 4(B) of Act No. 421 of the 2013
17 Regular Session of the Legislature, as amended by Section 4(B) of Act No. 822 of
18 the 2014 Regular Session of the Legislature, the introductory paragraph of Section
19 7(A) and (B) of Act 41 of the 2006 First Extraordinary Session of the Legislature,
20 to enact R.S. 30:2015(C)(8), and to repeal R.S. 11:544, R.S. 15:185.5, 572.8(N) and
21 (S), R.S. 17:354, 3138.2, and 3138.3, and Subpart A-2 of Part IX-A of Chapter 26
22 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:3397.11,
23 R.S. 27:392(C)(4), R.S. 30:2000.12 and 2551, R.S. 33:2740.18, R.S. 39:87.5,
24 Subpart H of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised
25 Statutes of 1950, comprised of R.S. 39:100.11, Subpart N of Part II-A of Chapter 1
ACT No. 612
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1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
2 39:100.51, Subpart Q-1 of Part II-A of Chapter 1 of Subtitle I of Title 39 of the
3 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.122, Subpart Q-2 of
4 Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of
5 1950, comprised of R.S. 39:100.123, Subpart S of Part II-A of Chapter 1 of Subtitle
6 I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.
7 39:100.146, R.S. 39:1357, R.S. 40:16.2 and 1402, R.S. 46:290.1, 977.13, 2731,
8 2742(D), and 2901, R.S. 47:120.39 and 841.2, R.S. 49:214.6.7(D) and (E), R.S.
9 51:2211 through 2216, R.S. 56:14, 302.3(B)(5)(c), 305(H) and 633, Section 9 of Act
10 No. 138 of the 2005 Regular Session of the Legislature as amended by Section 7 of
11 Act 642 of the 2006 Regular Session of the Legislature, Sections (3)(D) and (6) of
12 Act No. 41 of the 2006 First Extraordinary Session of the Legislature, Section 7 of
13 Act No. 420 of the 2013 Regular Session of the Legislature, Section (4)(B)(1) of Act
14 No. 421 of the 2013 Regular Session of the Legislature, as amended by Section
15 (4)(B)(1) of Act No. 822 of the 2014 Regular Session of the Legislature, and Section
16 (4)(B)(2) of Act No. 421 of the 2013 Regular Session of the Legislature, relative to
17 certain funds in the state treasury; to provide for meeting dates of the Dedicated Fund
18 Review Subcommittee of the Joint Legislative Committee on the Budget; to provide
19 for the review of certain funds in the state treasury by the subcommittee; to provide
20 for the powers, duties, functions, and responsibilities of the subcommittee, including
21 the recommendation for the reclassification, elimination, and expenditure of certain
22 funds in the treasury; to provide for the reclassification of funds in the treasury; to
23 provide for the elimination of certain treasury funds and the creation of certain
24 treasury accounts; to provide relative to monies deposited and credited into certain
25 agency accounts in the state treasury; to provide for the classification and
26 consideration of certain monies as fees and self-generated revenues; to provide that
27 such fees and self-generated revenues shall be available for appropriation as
28 recognized by the Revenue Estimating Conference; to provide for the retention of
29 monies in certain agency accounts for future appropriation; to provide relative to
30 monies deposited and credited to certain accounts in the state treasury; to provide for
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1 an effective date; and to provide for related matters.
2 Be it enacted by the Legislature of Louisiana:
3 Section 1. The conversion of certain dedicated funds to special agency accounts in
4 the state treasury contained herein, shall cause the special agency accounts to be classified
5 as fees and self-generated revenues to be used only for the purposes of identifying the means
6 of finance in the executive budget. The conversion of certain dedicated funds to special
7 agency accounts shall not change the purpose for which the monies were dedicated unless
8 the use of the monies is specifically amended herein. Unless specifically provided for in the
9 statute establishing the agency account, all funds transferred to agency accounts shall not
10 revert to the state general fund at the end of the fiscal year. The revenues in the accounts
11 shall remain in the account. All monies in the accounts shall require an appropriation to be
12 withdrawn from the account. No funds shall be transferred in or out of an account without
13 an annual appropriation or favorable action of the Joint Legislative Committee on the Budget
14 through a budget adjustment for the statutory purpose of those revenues.
15 Section 2. R.S. 3:2(C) is hereby amended and reenacted to read as follows:
16 §2. Creation, powers, and duties of Department of Agriculture and Forestry and the
17 commissioner of agriculture and forestry
18 * * *
19 C. All funds derived from the sale of timber on state lands under this Section
20 shall be deposited in the state treasury. Monies derived from the sale of timber on
21 state lands in the custody of the Louisiana Department of Health shall be deposited
22 into the Louisiana Department of Health's Facility Support Fund as provided in R.S.
23 40:16.2 state general fund. The legislature shall annually appropriate to the
24 Department of Agriculture and Forestry the costs incurred by that department under
25 the provisions of this Section.
26 * * *
27 Section 3. R.S. 9:154.3 is hereby amended and reenacted to read as follows:
28 §154.3. Crescent City Connection amnesty program; Crescent City Amnesty Refund
29 Fund; disposition
30 A. Notwithstanding the provisions of R.S. 9:154 or any other provision of law
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1 to the contrary, the provisions of this Section shall apply to monies collected as a
2 result of the amnesty program provided for in R.S. 47:7019.1 for those persons who
3 failed to pay a toll to cross the Crescent City Connection Bridge, prior to January 1,
4 2013 Crescent City Amnesty Refund Fund is hereby abolished and any monies
5 remaining in the fund shall be transferred for the use of the Department of
6 Transportation and Development.
7 B. Notwithstanding the provisions of R.S. 48:1161.2(D)(c), and prior to
8 appropriation of any monies to the New Orleans Regional Planning Commission, on
9 July 1, 2014, one hundred twenty-eight thousand six hundred eighty-one dollars of
10 monies on deposit in the Crescent City Transition Fund shall be deemed abandoned
11 funds for the purposes of treatment as unclaimed property in accordance with the
12 provisions of this Section.
13 C. Funds that are deemed abandoned funds pursuant to this Section shall be
14 immediately transferred from the Crescent City Transition Fund by the state treasurer
15 in his capacity as administrator of the Uniform Unclaimed Property Act. The state
16 treasurer shall deposit these funds into the Crescent City Amnesty Refund Fund as
17 provided in this Section, and shall provide for the return of such funds to their
18 owners in accordance with the Uniform Unclaimed Property Act during the term set
19 forth in R.S. 47:7019.2. The state treasurer shall further provide for the payment of
20 all unexpended and unencumbered funds remaining in the Crescent City Amnesty
21 Refund Fund as of July 1, 2015, in accordance with the provisions of this Section.
22 D.(1) There is hereby created the Crescent City Amnesty Refund Fund as a
23 special fund in the state treasury, hereinafter referred to as the "fund". The source of
24 monies for the fund shall be the monies transferred from the Crescent City Transition
25 Fund as provided for in this Section.
26 (2) After compliance with the requirements of Article VII, Section 9(B) of
27 the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,
28 an amount equal to that deposited into the state treasury from the foregoing sources
29 shall be deposited in and credited to the fund. The monies in the fund shall be
30 invested by the treasurer in the same manner as the state general fund, and interest
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1 earnings shall be deposited into the fund.
2 (3) All unexpended and unencumbered monies remaining in the fund on July
3 1, 2015, shall be appropriated as follows:
4 (a) An amount not to exceed thirty percent of the monies in the fund shall be
5 appropriated to the Department of Transportation and Development for operational
6 and maintenance costs for the New Orleans ferries, formerly operated by its Crescent
7 City Connection Division.
8 (b) The balance of the monies in the fund as of July 1, 2015, shall be
9 appropriated to the New Orleans Regional Planning Commission for lighting of the
10 eastbank and westbank approaches to the Crescent City Connection Bridge,
11 including General DeGaulle and the Westbank Expressway approach through ground
12 level, improvements to ingress and egress points, lighting, maintenance, grass
13 cutting, and landscaping of the Westbank Expressway and its connecting arteries.
14 (4) The state treasurer shall be relieved of all liability which may arise with
15 respect to such distribution of funds.
16 E. All data associated with monies deposited into the Crescent City
17 Transition Fund that was collected by the Department of Transportation and
18 Development pursuant to R.S. 47:7013.1 shall be transferred by such department to
19 the state treasurer pursuant to this Section and shall be provided by such department
20 to the Unclaimed Property Division in an electronic format as designated by such
21 division.
22 F. For the purposes of this Section, holder requirements under R.S. 9:159
23 shall be deemed waived.
24 G. The state treasurer in his capacity as administrator of the Uniform
25 Unclaimed Property Act may establish policies and procedures as necessary to
26 implement the provisions of this Section.
27 H. All books, papers, and records transferred to the state treasurer pursuant
28 to this Section shall be retained for a period of no less than five years following such
29 transfer.
30 I. The provisions of this Section shall supersede and control to the extent of
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1 conflict with any other provision of law.
2 Section 4. R.S. 15:572.8(H)(1), the introductory paragraph of (2), and 921 are hereby
3 amended and reenacted to read as follows:
4 §572.8. Compensation for wrongful conviction and imprisonment; petition process;
5 compensation; proof; assignment of powers and duties
6 * * *
7 H.(1) After a contradictory hearing with the attorney general, the court shall
8 render a decision as soon as practical. If, from its findings of fact, the court
9 determines that the petitioner is entitled to compensation because he is found to be
10 factually innocent of the crime of which he was convicted, it shall determine the
11 compensation due in accordance with the provisions of this Section, and it shall order
12 payment to the petitioner from the Innocence Compensation Fund which shall be
13 created specifically for the administration of awards under this Section state general
14 fund.
15 (2) Compensation shall be calculated at a rate of twenty-five thousand dollars
16 per year incarcerated not to exceed a maximum total amount of two hundred fifty
17 thousand dollars for the physical harm and injury suffered by the petitioner to be paid
18 at a rate of twenty-five thousand dollars annually. As compensation for the loss of
19 life opportunities resulting from the time spent incarcerated, the court shall also
20 review requests for payment and order payment, not to exceed eighty thousand
21 dollars, which the court finds reasonable and appropriate from the Innocence
22 Compensation Fund state general fund to:
23 * * *
24 §921. Youthful Offender Management Fund Account; creation
25 A. All probation and parole supervision fees received by the Department of
26 Public Safety and Corrections pursuant to Children's Code Articles 781.1 and 901.1
27 and any amounts appropriated by the legislature to the Youthful Offender
28 Management Fund Account shall be deposited immediately upon receipt into the
29 state treasury.
30 B. After compliance with the requirements of Article VII, Section 9(B) of the
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1 Constitution of Louisiana, relative to the Bond Security and Redemption Fund, and
2 prior to monies being placed in the state general fund, an amount equal to that
3 deposited as required by Subsection A of this Section shall be credited to the special
4 fund agency account hereby created in the state treasury to be known as the
5 "Youthful Offender Management Fund Account". The monies in this fund account
6 shall be used solely as provided by Subsection C of this Section and only in the
7 amounts appropriated by the legislature. All unexpended and unencumbered monies
8 in this fund account at the end of the fiscal year shall remain in such fund account.
9 All monies in this fund shall be invested by the state treasurer in the same manner
10 as monies in the state general fund, with interest earned on the investment of these
11 monies credited to this fund following compliance with the requirements of Article
12 VII, Section 9(B), relative to the Bond Security and Redemption Fund. Funding
13 deposited into the account shall be considered fees and self-generated revenues
14 and shall be available for annual appropriations by the legislature.
15 C. The monies in the Youthful Offender Management Fund Account shall
16 be used solely by the department to supplement appropriated funds for salaries and
17 other category expenditures within the office of juvenile justice deemed necessary
18 by the secretary of the department, and to defray cost of collection and disbursement
19 of monetary assessments imposed as a condition of probation and parole, including
20 reasonable attorney fees.
21 Section 5. R.S. 17:3138.4 is hereby amended and reenacted to read as follows:
22 §3138.4. Workforce and Innovation for a Stronger Economy Fund Strategic
23 Planning Council
24 A. The "Workforce and Innovation for a Stronger Economy Fund",
25 hereinafter referred to in this Section as the "fund", is hereby created within the state
26 treasury as a special fund for the purpose of funding degree and certificate
27 production and research priorities in high demand fields through programs offered
28 by Louisiana's public postsecondary education institutions to meet the state's future
29 workforce and innovation needs.
30 B. Monies in the fund shall be invested in the same manner as monies in the
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1 general fund. Interest earned on investment of monies in the fund shall be credited
2 to the fund. Unexpended and unencumbered monies in the fund at the end of the
3 fiscal year shall remain in the fund.
4 C. Subject to an annual appropriation by the legislature, each fiscal year the
5 sum of forty million dollars shall be deposited into the fund. Monies in the fund
6 shall be appropriated and administered as provided in this Section.
7 D.(1) Monies in the fund shall be appropriated to the Board of Regents to be
8 distributed to and used by postsecondary education institutions in accordance with
9 a statewide workforce demand and gap analysis to be developed as provided for in
10 this Section.
11 (2) The funds distributed pursuant to this Section shall be used by the
12 institution towards degree and certificate production pursuant to the workforce
13 demand and gap analysis and research priorities according to implementation plans.
14 (3) Any funds distributed to any institution that remain unexpended or
15 unobligated at the end of the fiscal year shall be available for use in the subsequent
16 fiscal year by an institution pursuant to their implementation plan.
17 (4)(a) Funding shall be distributed by the Board of Regents only upon receipt
18 of certification by the postsecondary education management board on behalf of the
19 receiving public postsecondary education institution that a match of no less than
20 twenty percent of the amount of funding to be distributed has been guaranteed by a
21 private entity. Match certification shall be reported to the Joint Legislative
22 Committee on the Budget within thirty days of the receipt. The certification shall
23 detail the type of private match to be provided, which may include: cash; in-kind
24 donations of technology, personnel, construction materials, facility modification, or
25 tangible property; internships; scholarships; sponsorship of staff or faculty; or faculty
26 endowment. The Workforce and Innovation for a Stronger Economy Fund Strategic
27 Planning (WISE) Council may authorize a match for an institution in types other
28 than those provided for in this Paragraph, upon request of the system president.
29 (b) In any fiscal year that the total appropriated funds from the sum of the
30 state general fund and dedicated funds for higher education are below the
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1 appropriated funding in the prior fiscal year, the WISE Council may at its discretion,
2 delay or waive requirements as set forth in Subparagraph (a) of this Paragraph.
3 E.(1) A Workforce and Innovation for a Stronger Economy Fund Strategic
4 Planning Council, to be referred to as the "WISE Council", shall be established as
5 an independent subcommittee of the Board of Regents and shall be comprised of the
6 president-chancellor of Louisiana State University, the president of the Southern
7 University System, the president of the University of Louisiana System, the president
8 of the Louisiana Community and Technical College System, the commissioner of
9 higher education, the secretary of the Department of Economic Development, the
10 executive director of the Louisiana Workforce Commission, and the chairman of the
11 Workforce Investment Council, or their successors.
12 (2)(a) The WISE Council shall develop a method for the distribution of
13 monies in the fund in alignment with the statewide workforce demand and gap
14 analysis and research priorities as provided in this Section. The methodology for the
15 distribution shall be reevaluated no more than once every three years unless a
16 majority of the WISE Council vote to reevaluate the methodology more often.
17 (b) The methodology of distribution shall be as follows:
18 (i) Eighty percent of funds distributed shall be based on degree and certificate
19 production in fields required for four- or five-star jobs, as defined by the Louisiana
20 Workforce Commission's Louisiana Star Jobs program or its successors and
21 weighted by cost and a prioritization of high demand degree and certificate
22 production based on data provided by the Department of Economic Development
23 and the Louisiana Workforce Commission.
24 (ii) Twenty percent of funds distributed shall be based on federally funded
25 research expenditures as defined by the National Science Foundation.
26 (iii) The WISE Council shall have the authority to adjust the percentage of
27 the distributions by no more than ten percent relative to the distribution of funds
28 between degree certification production in Item (i) of this Subparagraph and
29 federally funded research expenditures in Item (ii) of this Subparagraph. However,
30 in no event shall the distribution based on federally funded research expenditures be
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1 reduced below twenty percent.
2 (3) The WISE Council shall prepare a statewide workforce demand and gap
3 analysis which shall include:
4 (a) Statewide and regional degree and certificate production and research
5 priorities based on an analysis of credential completion at all Louisiana
6 postsecondary education institutions and workforce demand.
7 (b) A prioritization of high-demand degree and certificate production based
8 on data provided by the Department of Economic Development and the Louisiana
9 Workforce Commission.
10 (4)(3) The WISE Council and the Board of Regents shall review and approve
11 the statewide workforce demand and gap analysis and research priorities.
12 (5)(4) The WISE Council shall review and approve implementation plans
13 submitted by institutions. The implementation plans shall include at a minimum a
14 plan for expenditure of monies and outcomes expected.
15 (6)(5) The system presidents shall report annually to the WISE Council on
16 progress towards degree and certificate and research priorities in accordance with the
17 implementation plans.
18 F.B. The statewide workforce demand and gap analysis, including any
19 revisions to the analysis, distribution of funds, and implementation plans shall be
20 posted on the Board of Regents' website.
21 G.C. The WISE Council may create policies and procedures for its own
22 management but shall meet no less than two times per year.
23 H.D. The Board of Regents, on behalf of postsecondary education, shall
24 provide annual reporting to the Senate Committee on Education, the Senate
25 Committee on Finance, the House Committee on Education, and the House
26 Committee on Appropriations. Such reports shall include the statewide workforce
27 demand and gap analysis, including any revisions to the analysis, distribution of
28 funds, and implementation plans.
29 I. The Board of Regents shall promulgate rules developed jointly and
30 collaboratively by the commissioner of higher education and the system presidents
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1 for the administration of the fund. Prior to final adoption, the rules shall be approved
2 by the WISE Council.
3 J. The fund is in addition to, and separate from, any monies appropriated or
4 allocated to any postsecondary education management board. Allocations from this
5 fund shall not be included in the Board of Regents' funding formula calculation, nor
6 shall it supplant any state general fund allocations provided to institutions. The
7 availability of the fund shall not in any way substitute, limit, or otherwise affect the
8 allocation of any funds otherwise available to those institutions under state or federal
9 laws.
10 K.E. All actions of the WISE Council and the implementation of this Section
11 shall be subject to the approval of the Board of Regents.
12 Section 6. R.S. 22:1071(D)(3)(b) and (c) and 1476(A)(2) are hereby amended and
13 reenacted to read as follows:
14 §1071. Enforcement provisions
15 * * *
16 D.
17 * * *
18 (3)
19 * * *
20 (b) After compliance with the requirements of Article VII, Section 9(B) of
21 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
22 and prior to monies being placed in the state general fund, an amount equal to that
23 deposited as required by Subparagraph (a) of this Paragraph shall be credited to a
24 special fund agency account to be retained for future appropriation as provided
25 in this Section hereby created in the state treasury to be known as the Administrative
26 Fund Account of the Department of Insurance. The monies in this fund account
27 shall be used solely as provided by Subparagraph (c) of this Paragraph and only in
28 the amounts appropriated by the legislature. All unexpended and unencumbered
29 monies in this fund account at the end of the fiscal year shall remain in such fund.
30 The monies in this fund shall be invested by the state treasurer in the same manner
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1 as monies in the state general fund and interest earned on the investment of these
2 monies shall be credited to this fund account. Funding deposited into the account
3 shall be considered fees and self-generated revenues and shall be available for
4 annual appropriations by the legislature.
5 (c) The monies in the Administrative Fund Account of the Department of
6 Insurance shall be used solely for the expenses in connection with the administration
7 and enforcement of the provisions of this Subpart.
8 * * *
9 §1476. Assessments against insurers; dedications
10 A.
11 * * *
12 (2) An In every year, an amount equal to two and one-fourth hundredths of
13 one percent of the gross direct premiums received in this state, in the preceding year;
14 two and thirty-seven hundredths of one percent of the direct gross premiums received
15 in this state, in the year 2001; and two and one-half hundredths of one percent of the
16 direct gross premiums received in the state, in the year 2003 and every year
17 thereafter by insurers doing business in this state and subject to this Subpart, less
18 returned premiums shall be deposited by the commissioner of insurance with the
19 state treasurer to be credited to a special fund agency account, created in the state
20 treasury entitled the Municipal Fire and Police Civil Service Operating Fund
21 Account, hereinafter to be known as the "fund account". Subject to an annual
22 appropriation by the legislature pursuant to the provisions of R.S. 33:2480 and 2540,
23 monies in the fund account shall be used solely to support the operations of the
24 office of state examiner, Municipal Fire and Police Civil Service. Monies in the fund
25 account shall be invested by the treasurer in the same manner as monies in the state
26 general fund and interest earned on investment of these monies shall be credited to
27 the state general fund. All unexpended and unencumbered monies in the fund
28 account at the end of the fiscal year shall revert to the state general fund remain in
29 the account. Funding deposited into the account shall be considered fees and
30 self-generated revenues and shall be available for annual appropriations by the
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1 legislature.
2 * * *
3 Section 7. R.S. 23:1170(A), 1172(A), 1172.1(C), 1172.2(D), 1178(D), 1291.1(C)(1)
4 and (E), 1310.3(E), 1310.13, and 1514(D)(5) are hereby amended and reenacted to read as
5 follows:
6 §1170. Penalty for failure to secure workers' compensation insurance; assessment
7 and collection
8 A. In addition to any other penalty prescribed by law, any employer who fails
9 to secure compensation required by R.S. 23:1168 shall be liable for a civil penalty,
10 to be assessed by the workers' compensation judge, of not more than two hundred
11 fifty dollars per employee for a first offense, and liable for a civil penalty of not more
12 than five hundred dollars per employee for a second or subsequent offense; however,
13 the maximum civil penalty for a first offense shall not exceed ten thousand dollars
14 for all related series of violations. All civil penalties collected shall be deposited in
15 the Office of Workers' Compensation Administrative Fund Account established in
16 R.S. 23:1291.1(E).
17 * * *
18 §1172. Criminal penalties
19 A. Any employer who willfully fails to provide security for compensation
20 required by R.S. 23:1168 shall be subject to a fine of up to two hundred fifty dollars
21 per day that the employer willfully failed to provide security for compensation or
22 imprisonment with or without hard labor for not more than one year, or both such
23 fine and imprisonment. All fines collected shall be deposited in the Office of
24 Workers' Compensation Administrative Fund Account established in R.S.
25 23:1291.1(E) .
26 * * *
27 §1172.1. Willful misrepresentation by employer; aid or abet; criminal penalties;
28 civil immunity
29 * * *
30 C. Whoever violates any provision of this Section shall be imprisoned, with
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1 or without hard labor, for not less than one year nor more than ten years, or fined up
2 to two hundred fifty dollars per day that the employer willfully failed to provide
3 security for compensation, or both. All fines collected shall be deposited in the
4 Office of Workers' Compensation Administrative Fund Account established in R.S.
5 23:1291.1(E).
6 * * *
7 §1172.2. Unlawful practices
8 * * *
9 D. Whoever violates any provision of this Section shall be imprisoned, with
10 or without hard labor, for not less than one year nor more than ten years, or fined up
11 to two hundred fifty dollars per day that such person's violation of any provision of
12 this Section resulted in failure to properly provide security for compensation, or
13 both. All fines collected shall be deposited in the Office of Workers' Compensation
14 Administrative Fund Account established in R.S. 23:1291.1(E).
15 * * *
16 §1178. Cost containment meeting; incentive discount
17 * * *
18 D. Any eligible employer who has been given notice of a cost containment
19 meeting, and fails to attend shall be fined an amount equalling equaling two percent
20 of the Louisiana workers' compensation premium for the succeeding policy year.
21 The fine shall be payable to the executive director of the commission and shall be
22 remitted to the state treasurer for deposit in the Office of Workers' Compensation
23 Administrative Fund Account.
24 * * *
25 §1291.1. Annual reports; assessment; collection
26 * * *
27 C.(1) The director of the office of workers' compensation administration
28 shall provide by regulation for the collection of the amounts assessed against each
29 insurer and employer. Collection of funds under the provisions of this Subsection
30 shall be accomplished by the office of workers' compensation administration, the
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1 amount collected to be determined by the director. Such amounts shall be paid into
2 the Office of Workers' Compensation Administrative Fund Account within thirty
3 days from the date that notice is served upon such insurer or employer.
4 * * *
5 E. There is hereby created and established in the state treasury a special fund
6 agency account, which shall be designated as the "Office of Worker's Compensation
7 Administrative Fund Account". The fund account shall be maintained as a separate
8 account in the treasury for the sole purpose of funding the administrative expenses
9 of the office of worker's compensation administration of the Louisiana Workforce
10 Commission as set forth in R.S. 23:1291 et seq. Funds shall be withdrawn therefrom
11 only pursuant to legislative appropriation and shall be subject to budgetary control
12 as provided by law. All remaining and unencumbered balances at the end of any
13 fiscal year shall remain to the credit of the fund account and shall be used solely for
14 the purpose stated in this Section. Funding deposited into the account shall be
15 considered fees and self-generated revenues and shall be available for annual
16 appropriations by the legislature.
17 * * *
18 §1310.3. Initiation of claims; voluntary mediation; procedure
19 * * *
20 E. If any party fails to appear at a mediation conference ordered by the judge
21 or requested by the parties after proper notice, the workers' compensation judge upon
22 request of a party may fine the delinquent party an amount not to exceed five
23 hundred dollars, which shall be payable to the Office of Workers' Compensation
24 Administrative Fund Account. In addition, the workers' compensation judge may
25 assess against the party failing to attend costs and reasonable attorney fees incurred
26 by any other party in connection with the conference. The penalties provided for in
27 this Subsection shall be assessed by the workers' compensation judge only after a
28 contradictory hearing which shall be held prior to the hearing on the merits of the
29 dispute.
30 * * *
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1 §1310.13. Expenses of director; penalties imposed by Act; payment into special
2 state treasury fund
3 All penalties imposed by the Worker's Compensation Act, except those
4 specifically payable to claimants, or as otherwise specifically provided by law, shall
5 be deposited into the Office of Worker's Compensation Administrative Fund
6 Account and used in those amounts appropriated by the legislature as provided for
7 in R.S. 23:1291.1(E).
8 * * *
9 §1514. Worker training fund; purpose; training programs; eligibility criteria;
10 program administration
11 * * *
12 D.
13 * * *
14 (5) The administrator may annually set aside an amount up to ten percent of
15 the amount appropriated to the fund by the state legislature for preemployment
16 training in any year in which the legislature appropriates funds for training equal to
17 or exceeding those funds appropriated in the previous year to the Rapid Response
18 Fund created by R.S. 51:2361 or to the Louisiana Economic Development Fund
19 created by R.S. 51:2315 to be used exclusively for the Louisiana FastStart
20 Program. All preemployment training shall require an employer matching
21 contribution of not more than fifty percent, and job placement outcomes at wage
22 rates commensurate with training, as determined by the administrator pursuant to
23 duly promulgated rules and regulations.
24 * * *
25 Section 8. R.S. 24:653(N)(3) is hereby amended and reenacted to read as follows:
26 §653. Duties and functions
27 * * *
28 N.
29 * * *
30 (3) No later than September 1, 2017, and every two years year thereafter, the
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1 committee shall provide for the dedicated fund review subcommittee.
2 * * *
3 Section 9. R.S. 30:2004(11), 2014(B), (D)(4)(a) and the introductory paragraph of
4 (b), 2015(A), (B), the introductory paragraph of (C), the introductory paragraph of (D), and
5 (E), 2035(B)(1), 2054(B)(8), 2109(A) and (C), 2192(B)(4), 2195(B), (C), and (E),
6 2195.2(A)(4), 2195.4(C)(1) and (2), 2195.5, 2205(A)(1), and 2552(A), (B), and (C) are
7 hereby amended and reenacted and R.S. 30:2015(C)(8) is hereby enacted to read as follows:
8 §2004. Definitions
9 The following terms as used in this Subtitle, unless the context otherwise
10 requires or unless redefined by a particular Chapter hereof, shall have the following
11 meanings:
12 * * *
13 (11) "Response fund account" means the Environmental Trust Fund Account
14 created in R.S. 30:2015.
15 * * *
16 §2014. Permits, licenses, registrations, variances, and fees
17 * * *
18 B. In order to provide for adequate permitting, monitoring, investigation,
19 administration, and other activities required for the maintenance of a healthful and
20 safe environment, an initial fee and an annual monitoring and maintenance fee shall
21 be charged for all permits, licenses, registrations, or variances authorized by this
22 Subtitle. These fees shall be determined, except as otherwise provided in this Subtitle
23 relative to maximum amounts of fees, using a formula developed by rules to be
24 based upon a cost equal to the cost of the annual maintenance, permitting,
25 monitoring, investigation, administration, and other activities required therewith,
26 including any effects the volume of emissions or effluents may have on such
27 activities. Any such formula or fees shall be adopted by the department by rule in
28 accordance with the Administrative Procedure Act, R.S. 49:950 et seq. Funds
29 generated from these fees shall be deposited in the Environmental Trust Fund
30 Account as provided in R.S. 30:2015.
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1 * * *
2 D.
3 * * *
4 (4)(a) In accordance with the provisions of Article VII, Section 2.1 of the
5 Constitution of Louisiana, and notwithstanding any other provision of law, the
6 Department of Environmental Quality may modify any fee that is in effect on June
7 30, 2002, is authorized by this Title, and is required to be deposited into the
8 Environmental Trust Fund Account. Such a modification may increase the rate in
9 effect on June 30, 2002, over the two-year fiscal period beginning July 1, 2002, as
10 follows: the department may increase any such fee by a maximum of twenty percent,
11 effective on or after July 1, 2002, and by a maximum of ten percent above the rate
12 in effect on June 30, 2003, effective on or after July 1, 2003. Within ninety days of
13 the promulgation and adoption of any regulation necessary to implement the fees
14 herein, the Department of Environmental Quality shall submit a written report to the
15 Joint Legislative Committee on the Budget for its approval which details the
16 proposed use for the fee increase, efforts to decrease the processing time for permits,
17 efforts to increase the number of inspections conducted at regulated facilities,
18 enforcement activities, and efforts to increase the collection of fines imposed by the
19 Department of Environmental Quality.
20 (b) Notwithstanding any other provision of law to the contrary, the
21 Department of Environmental Quality may increase the following fees from the
22 amounts in effect on March 14, 2015, as authorized by this Title or any rule or
23 regulation promulgated pursuant thereto, and is required to be deposited into the
24 Environmental Trust Fund Account as follows:
25 * * *
26 §2015. Environmental Trust Fund Account
27 A. In order to fulfill the constitutional mandate of Article IX of the Louisiana
28 Constitution to protect, conserve, and replenish the natural resources of the state, the
29 legislature hereby declares that sufficient funds shall be available to the Department
30 of Environmental Quality to fulfill that mandate. It is the intent of this Section to
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1 insure that all funds generated by the department are used to fulfill and carry out its
2 powers, duties, and functions as provided by law.
3 B. There is hereby established a fund an agency account in the state treasury
4 to be known as the "Environmental Trust Fund Account", hereafter referred to as the
5 "trust fund account", into which the state treasurer shall each fiscal year deposit the
6 revenues received from those sources provided for by Subsection C of this Section
7 and other sources as provided for by law after those revenues have been deposited
8 in the Bond Security and Redemption Fund. Out of the funds remaining in the Bond
9 Security and Redemption Fund after a sufficient amount is allocated from that fund
10 to pay all obligations secured by the full faith and credit of the state that become due
11 and payable within each fiscal year, the treasurer, prior to placing such funds in the
12 state general fund, shall pay into the trust fund account an amount equal to the
13 revenue generated from collection from those sources provided for by Subsection C
14 of this Section and other sources as provided for by law. No expenditures shall be
15 made from the trust fund account unless first appropriated by the legislature. The
16 monies in the trust fund shall be invested by the state treasurer in the same manner
17 as monies in the state general fund. All interest earned on money from the fund and
18 invested by the state treasurer shall be credited to the Environmental Trust Fund. All
19 unexpended and unencumbered monies in the account at the end of the fiscal
20 year shall remain in the account and be available for expenditure in the next
21 fiscal year. Funding deposited into the account shall be considered fees and self-
22 generated revenues and shall be available for annual appropriations by the
23 legislature.
24 C. The Environmental Trust Fund Account shall consist of all revenues
25 generated from the following sources:
26 * * *
27 (8) All remaining and unencumbered balances of the Environmental
28 Trust Fund.
29 D. The monies in the Environmental Trust Fund Account shall be used for
30 the following purposes:
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1 * * *
2 E. In any cases where monies from the trust fund account are expended, the
3 attorney general shall institute a civil action to recover from the responsible persons
4 all such monies expended from the trust fund account. If the secretary requests that
5 the attorney general institute a civil action to recover monies expended from the trust
6 fund account and the attorney general declines to institute such action or does not
7 respond within sixty days of such request and agree to institute a civil action, an
8 attorney from the department may, with the concurrence of the attorney general,
9 institute a civil action to recover monies expended from the trust fund account. Any
10 monies so recovered shall be paid into the trust fund account.
11 * * *
12 §2035. Environmental Emergency Response Training Program
13 * * *
14 B.(1) The chief of each eligible agency including any municipality or parish
15 may apply to the department for allocation of funds from the Environmental Trust
16 Fund Account to provide or secure the training authorized by this Section.
17 * * *
18 §2054. Air quality control; secretary of environmental quality; powers and duties
19 * * *
20 B. The secretary shall have the following powers and duties:
21 * * *
22 (8) To establish and implement a program for the control and abatement of
23 motor vehicle emissions in accordance with R.S. 30:2060 and other applicable state
24 and federal laws, particularly the Clean Air Act as amended, but not to exceed the
25 requirements provided in such act unless specifically authorized. Such program shall
26 be applicable only in parishes and municipalities as necessary to comply with the
27 requirements of the federal Clean Air Act or regulations promulgated by the United
28 States Environmental Protection Agency. If such program includes the periodic
29 inspection of motor vehicles, the frequency of performing such inspections shall be
30 as allowed by federal law or regulations or by agreements with federal agencies.
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1 During each calendar year, the secretary may exempt vehicles of that model year and
2 vehicles from prior model years from on-board diagnostic (OBD II) testing. The fees
3 due the department for this program pursuant to R.S. 32:1306(C)(3) shall be
4 deposited into the Environmental Trust Fund Account. The inspection and
5 maintenance of motor vehicles as required by this Paragraph shall begin on January
6 1, 2000.
7 * * *
8 §2109. Nuclear power facilities; emergency planning; findings
9 A. The legislature finds and declares that it is necessary that the secretary of
10 environmental quality be empowered upon a declaration of a state of disaster
11 emergency, as provided for in Subsection C of this Section, and which is related to
12 a source of radiation, to enter into contracts and agreements necessary to perform
13 duties assigned under any radiological response plan and to expend funds from the
14 Environmental Trust Fund Account for such purposes, according to the provisions
15 of R.S. 30:2015.
16 * * *
17 C. Upon a declaration of a state of disaster emergency pursuant to and in
18 accordance with R.S. 29:705 or R.S. 29:706 Chapter 6 of Title 29 of the Louisiana
19 Revised Statutes of 1950 related to a source of radiation, the secretary of the
20 Department of Environmental Quality is authorized to enter into any contracts or
21 agreements necessary to perform any duty or function required of the secretary in
22 any radiological response plan. The secretary is authorized to expend funds from the
23 Environmental Trust Fund Account in the performance of such duties in accordance
24 with the provisions of R.S. 30:2015.
25 * * *
26 §2192. Treatment, storage, and disposal facilities
27 * * *
28 B. The regulations at a minimum shall require:
29 * * *
30 (4) A surety bond in favor of the state, a certificate of public liability
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1 insurance, payments into the Environmental Trust Fund Account, other financial
2 assurance, or any combination thereof, sufficient to assure financial responsibility
3 for damages resulting from accidents or negligence, when corrective action is
4 required or as specified in the permit, and to assure closure and post-closure care,
5 said assurance to be consistent with the degree and duration of risks associated with
6 the treatment, storage, or disposal of the type of hazardous waste handled.
7 * * *
8 §2195. Motor Fuels Underground Storage Tank Trust Fund
9 * * *
10 B. There is hereby established a special custodial trust fund in the state
11 treasury to be known as the Motor Fuel Underground Storage Tank Trust Fund,
12 hereafter referred to as the "Tank Trust Fund", into which the state treasurer shall,
13 each fiscal year, deposit the revenues received from the collection of the fees as
14 established in R.S. 30:2195.3(A)(1)(a) and (B). The secretary is authorized pursuant
15 to Article VII, Section 9(A) of the Constitution of Louisiana and R.S. 30:2031 to
16 enter into an agreement with a private legal entity to receive and administer the Tank
17 Trust Fund for the purpose of providing financial responsibility for underground
18 motor fuel storage tanks. On an annual basis, all owners of registered tanks shall
19 remit to the department a tank registration fee of sixty dollars for each tank. The
20 revenue from the tank registration fees shall be deposited directly into the
21 Environmental Trust Fund Account as provided by R.S. 30:2015 and utilized for
22 underground storage tank activities only, and any deviation from the aforesaid shall
23 be documented and reported to the House Committee on Natural Resources and
24 Environment and the Senate Committee on Environmental Quality. Revenues
25 received from annual maintenance and monitoring fees, other than those established
26 in R.S. 30:2195.3(B), shall be deposited into the Environmental Trust Fund Account.
27 The department shall promulgate rules and regulations for the implementation of this
28 Section in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
29 C. Monies so deposited in the Environmental Trust Fund Account shall be
30 used to defray the cost to the state of administering the underground storage tank
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1 program and the cost of investigation, testing, containment, control, and cleanup of
2 releases from underground storage tanks containing regulated substances. Only
3 monies recovered pursuant to R.S. 30:2195.2(A)(2) and deposited in the Tank Trust
4 Fund may be used for the loans authorized by R.S. 30:2195.12(E). These monies
5 shall also be used to provide money or services as the state share of matching funds
6 for federal grants involving underground storage tanks. At the end of each fiscal
7 year, all monies that were deposited into the Environmental Trust Fund Account
8 from the fees established in R.S. 30:2195.3(A)(1)(a) and (B) which remain unspent,
9 including all accrued interest, shall be transferred to the Tank Trust Fund.
10 * * *
11 E. Annually, the department shall prepare a report for the House Committee
12 on Natural Resources and Environment and the Senate Committee on Environmental
13 Quality of all disbursements of monies from the Tank Trust Fund and the
14 Environmental Trust Fund Account. The report shall include all loans made from the
15 Tank Trust Fund, the number of sites actively seeking reimbursement from the Tank
16 Trust Fund as of June thirtieth of each year, the number of sites deemed eligible for
17 the Tank Trust Fund during the previous fiscal year, and the number of sites that
18 have been granted "No Further Action", and the department has received the last
19 application for reimbursement during the previous fiscal year. Regarding
20 disbursements from the Tank Trust Fund as provided by R.S. 30:2195.2, the report
21 shall include a list of all reimbursements, all pending reimbursements, the date the
22 application was made for reimbursement, and the date reimbursement was made by
23 the department. The report shall be delivered to the respective legislative committees
24 no later than March first of each year.
25 * * *
26 §2195.2. Uses of the Tank Trust Fund
27 A. The department shall administer the Tank Trust Fund and shall make
28 disbursements from the fund for all necessary and appropriate expenditures. Pursuant
29 to the authorization in R.S. 30:2195, the secretary of the Department of
30 Environmental Quality shall use the Tank Trust Fund as follows:
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1 * * *
2 (4) The Environmental Trust Fund Account may be used to reimburse or pay
3 for any costs associated with the review of applications for reimbursement from the
4 trust, legal fees associated with the collection of costs from parties who are not
5 eligible participants, audits of the Tank Trust Fund and bulk operators, and
6 accounting and reporting of the uses of the trust. The Environmental Trust Fund
7 Account will also reimburse the Department of Environmental Quality for costs
8 associated with administering the underground storage tank program in accordance
9 with R.S. 30:2195(C) up to the amount appropriated pursuant to R.S. 30:2195(B).
10 * * *
11 §2195.4. Procedures for disbursements from the Tank Trust Fund
12 * * *
13 C.(1) For any month during which the collection of fees assessed pursuant
14 to R.S. 30:2195.3 is suspended, the treasurer shall transfer an amount equal to twenty
15 percent of the average monthly fee amount collected according to the schedule
16 specified in R.S. 30:2195.3(A)(1) from the trust into the Environmental Trust Fund
17 Account for use as provided by R.S. 30:2195.3(A)(9) 30:2015.
18 (2) If the secretary determines that the funds deposited on a monthly basis
19 into the Environmental Trust Fund Account pursuant to R.S. 30:2195(B) are
20 insufficient relative to the legislatively approved fiscal appropriation for the
21 department during a given year, the secretary may order the treasurer to transfer from
22 the Tank Trust Fund to the Environmental Trust Fund Account only that amount
23 necessary to reach the authorized ceiling.
24 §2195.5. Audits
25 An annual independent audit of the Tank Trust Fund shall be conducted. Such
26 funds as are necessary to perform the audit shall be authorized from the Tank Trust
27 Fund. The secretary shall authorize funding from the Environmental Trust Fund
28 Account, R.S. 30:2015, for the purpose of auditing bulk operators regarding the
29 remittance of motor fuel delivery fees.
30 * * *
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1 §2205. Hazardous Waste Site Cleanup Fund
2 A.(1) All sums recovered through judgments, settlements, assessments of
3 civil or criminal penalties, funds recovered by suit or settlement from potentially
4 responsible parties for active or abandoned site remediation or cleanup, or otherwise
5 under this Subtitle, or other applicable law, each fiscal year for violation of this
6 Subtitle, shall be paid into the state treasury and shall be credited to the Bond
7 Security and Redemption Fund. After a sufficient amount is allocated from that fund
8 to pay all obligations secured by the full faith and credit of the state which become
9 due and payable within any fiscal year, the treasurer, prior to placing such remaining
10 funds in the state general fund, shall pay into a special fund, which is hereby created
11 in the state treasury and designated as the "Hazardous Waste Site Cleanup Fund", all
12 of those funds generated by the hazardous waste tax under the provisions of Chapter
13 7-A of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 and the sums
14 recovered through all judgments, settlements, assessments of civil or criminal
15 penalties, fees and oversight costs received from potentially responsible parties for
16 the department's work in overseeing of assessment and remediation at inactive or
17 abandoned sites, funds recovered by suit or settlement from potentially responsible
18 parties for active or abandoned site remediation or cleanup, or otherwise, for
19 violation of this Subtitle, except as provided in R.S. 30:2025 and 2198; however, the
20 balance in the fund shall not exceed six million dollars at any time and upon the
21 accumulation of six million dollars in the fund, the treasurer shall pay all remaining
22 sums provided for in this Subsection into the Environmental Trust Fund Account,
23 R.S. 30:2015.
24 * * *
25 §2552. Brownfields Cleanup Revolving Loan Fund Program; authority Authority
26 to make loans and grants; incur debt; tax exemption
27 A. Any political subdivision, public trust, quasi governmental organization,
28 or eligible nonprofit or private entity, except as provided in R.S. 30:2551(C) other
29 than a responsible person, is hereby authorized to make loans from and incur debt
30 payable to the department in accordance with the provisions of this Section. The
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1 making of a loan from the Brownfields Cleanup Revolving Loan Fund and the
2 issuance of debt evidencing such loan by any political subdivision, eligible nonprofit
3 organization, or eligible private entity shall be approved by the State Bond
4 Commission. This Section shall not be deemed to be the exclusive authority under
5 which a political subdivision, eligible nonprofit organization, or eligible private
6 entity may borrow money from or incur indebtedness to the department. The
7 department shall aggressively pursue leveraging of all funds to the maximum amount
8 allowable by law.
9 B. All bonds, notes, or other evidence of indebtedness of any political
10 subdivision, public trust, quasi governmental organization, or eligible nonprofit or
11 private entity issued to represent a loan from the department or the fund shall be
12 authorized and issued pursuant to a resolution of the governing authority of such
13 entity, which resolution shall prescribe the form and details thereof, including the
14 terms, security for, manner of execution, repayment schedule, and redemption
15 features thereof, and such resolution may provide that an officer of such entity may
16 execute in connection with such obligation any related contract, including but not
17 limited to a credit enhancement device, indenture of trust, loan agreement, pledge
18 agreement, or other agreement or contract needed to accomplish the purposes for
19 which said the evidence of indebtedness is given, in substantially the form attached
20 to said resolution, but which final executed credit enhancement device, indenture of
21 trust, loan agreement, pledge, or other contract or agreement may contain such
22 changes, additions, and deletions as shall in the sole opinion of the executing officer
23 be appropriate under the circumstances. Any such resolution shall include a
24 statement as to the maximum principal amount of any such obligation, the maximum
25 interest rate to be incurred or borne by said the obligation or guaranteed by said the
26 obligation, the maximum redemption premium, if any, and the maximum term in
27 years for such obligation, guarantee, or pledge.
28 C. Notwithstanding any other provision of law to the contrary, a political
29 subdivision, public trust, quasi governmental organization, or eligible nonprofit
30 entity, upon entering into a loan in accordance with the fund as provided in R.S.
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1 30:2551, may dedicate and pledge a portion of any revenues it has available to it,
2 including but not limited to revenues from the general revenue fund, sales taxes,
3 assessments, or property taxes of the political subdivision, for a term not exceeding
4 twenty years from the date of project completion for repayment of the principal of,
5 interest on, and any premium, administrative fee, or other fee, or cost imposed by the
6 department in connection with such loan.
7 * * *
8 Section 10. R.S. 32:202, 402.3(I), and 412(C)(2) are hereby amended and reenacted
9 to read as follows:
10 §202. Louisiana Bicycle and Pedestrian Safety Fund Account
11 A. There is hereby created, as a special fund account in the state treasury, the
12 Louisiana Bicycle and Pedestrian Safety Fund Account, hereinafter to be referred
13 to as the "fund" account. The source of monies for the fund account shall be that
14 portion of the monies derived from fees imposed and dedicated to the fund account
15 pursuant to the provisions of R.S. 47:463.148, and grants, gifts, and donations and
16 any other monies received by the state for the purposes of bicycle and pedestrian
17 safety and which are appropriated to the fund account.
18 B. After compliance with the requirements of Article VII, Section 9(B) of the
19 Constitution of Louisiana, relative to the Bond Security and Redemption Fund, an
20 amount equal to that deposited into the state treasury from the foregoing sources
21 shall be deposited in and credited to the fund. The monies in the fund shall be
22 invested by the treasurer in the same manner as the state general fund, and interest
23 earnings shall be deposited into the fund. All unexpended and unencumbered monies
24 remaining in the fund at the end of each fiscal year shall remain in the fund a special
25 agency account. Funding deposited into the account shall be considered fees
26 and self-generated revenues and shall be available for annual appropriations by
27 the legislature.
28 C. Monies in the fund account shall be subject to annual appropriation by the
29 legislature for use by the Department of Transportation and Development. The
30 monies in the fund account shall be allocated and disbursed by the secretary of the
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1 Department of Transportation and Development and used solely for bicycle and
2 pedestrian safety.
3 * * *
4 §402.3. Motorcycle Safety, Awareness, and Operator Training Program; fund
5 account
6 * * *
7 I. The Motorcycle Safety, Awareness, and Operator Training Program Fund
8 Account, provided for in R.S. 32:412(C)(2) shall continue to fund the operator
9 training, instructor training, and motorcycle safety and awareness programs under
10 the operation of the Department of Public Safety and Corrections.
11 * * *
12 §412. Amount of fees; credit or refund; duration of license; veteran designation;
13 disabled veteran designation; university logo; "I'm a Cajun"
14 designation; needs accommodation designation; disbursement of
15 funds; renewal by mail or electronic commerce of Class "D" or "E"
16 drivers' licenses; disposition of certain fees; exception
17 * * *
18 C.
19 * * *
20 (2) Notwithstanding any provisions of law to the contrary and subject to the
21 exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana,
22 the amount of seven dollars and fifty cents from the fee for a motorcycle or motor
23 scooter endorsement to a basic license, or the amount of three dollars from the fee
24 if the motorcycle endorsement for any person is to a license that is valid for only less
25 than six years shall be credited to the Bond Security and Redemption Fund. After a
26 sufficient amount is allocated from that fund to pay all obligations secured by the full
27 faith and credit of the state which become due and payable within any fiscal years,
28 the treasurer shall pay an amount equal to the fees paid into the Bond Security and
29 Redemption Fund pursuant to this Paragraph into a special fund agency account
30 which is hereby created in the state treasury and designated as the "Motorcycle
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1 Safety, Awareness, and Operator Training Program Fund Account", hereinafter to
2 be referred to as the "fund account". The monies credited to the fund account shall
3 be used solely for operator training, instructor training, and motorcycle safety and
4 awareness programs. Any unexpended and unencumbered monies remaining to the
5 credit of the fund account on June thirtieth of each year, after all appropriations of
6 the preceding fiscal year have been made, shall revert to the state general fund. The
7 monies in the fund account shall be expended solely from year to year as
8 appropriated by the legislature for the purposes of motorcycle safety and awareness
9 and operator training. Any amounts earned through investment of the monies in the
10 fund account shall revert to the state general fund. Funding deposited into the
11 account shall be considered fees and self-generated revenues and shall be
12 available for annual appropriations by the legislature.
13 * * *
14 Section 11. R.S. 39:82(A) and 352 are hereby amended and reenacted to read as
15 follows:
16 §82. Remission of cash balances to the state treasurer; authorized withdrawals of
17 state monies after the close of the fiscal year; reports
18 A. All cash balances occurring from appropriations made by legislative act
19 or by the Interim Emergency Board regardless of date of passage to any state agency
20 for which no bona fide liability exists on the last day of each fiscal year shall be
21 remitted to the state treasurer by the fifteenth day following the last day of the fiscal
22 year. Any appropriations including those made by the Interim Emergency Board of
23 the preceding fiscal year remaining at the end of the fiscal year against which bona
24 fide liabilities existed as of the last day of the fiscal year may be withdrawn from the
25 state treasury during the forty-five day period after the last day of the fiscal year only
26 as such liabilities come due for payment. Prior to placing monies associated with
27 such unexpended appropriations into the state general fund, the state treasurer shall
28 transfer all cash balances identified and reported by the commissioner of
29 administration as being from unexpended and unencumbered state general fund
30 (direct) and Overcollections Fund appropriations for professional, personal, and
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1 consulting service contracts not approved by the Joint Legislative Committee on the
2 Budget as provided in R.S. 39:1590 and remaining at the end of each fiscal year for
3 deposit in and credit to the Higher Education Financing Fund as are necessary to
4 satisfy the requirements of R.S. 39:100.146, and then shall make deposits to the
5 Payments Towards the UAL Fund as are necessary to satisfy the requirements of
6 R.S. 39:100.11.
7 * * *
8 §352. Cancellation of unexpended portions of appropriations; exceptions
9 Whenever any specific appropriation is made to meet any item of expenditure
10 which occurs annually by provision of law or for contingent expense, and any
11 portion of it remains unexpended at the end of the year for which the specific
12 appropriation was made, after all legal claims against it for the year have been paid,
13 the commissioner of administration shall cancel any balance of the appropriation,
14 and each succeeding year he shall open a new account for the appropriation which
15 may be made for that particular year, without carrying forward any unexpended
16 balance of appropriation made for any previous year. This provision shall not apply
17 to appropriations made to pay the debt of the state, principal and interest. Prior to
18 placing monies associated with such unexpended appropriations into the state general
19 fund, the state treasurer shall transfer all cash balances identified and reported by the
20 commissioner of administration as being from unexpended and unencumbered state
21 general fund (direct) and Overcollections Fund appropriations for professional,
22 personal, and consulting service contracts not approved by the Joint Legislative
23 Committee on the Budget as provided in R.S. 39:1590 remaining at the end of each
24 fiscal year for deposit in and credit to the Higher Education Financing Fund as is
25 necessary to satisfy the requirements of R.S. 39:100.146 and then shall make
26 deposits to the Payments Towards the UAL Fund as are necessary to satisfy the
27 requirements of R.S. 39:100.11.
28 * * *
29 Section 12. R.S. 39:91(B) and 100.136 are hereby amended and reenacted to read
30 as follows:
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1 §91. Deepwater Horizon Economic Damages Collection Fund
2 * * *
3 B. All economic damages proceeds from the DWH litigation in excess of the
4 first two hundred million dollars deposited in the Fiscal Year 2015-2016 Deficit
5 Elimination Fund shall be deposited by the treasurer as follows:
6 (1) Forty-five percent of each such receipt of economic damages proceeds to
7 the Budget Stabilization Fund until that fund reaches the amount statutorily
8 mandated by R.S. 39:94.
9 (2) Forty-five percent of each such receipt of economic damages proceeds
10 to the Medicaid Trust Fund for the Elderly provided for in R.S. 46:2691 until an
11 amount not to exceed seven hundred million dollars has been deposited into such
12 fund.
13 (3) Ten percent The balance of each such receipt of economic damages
14 proceeds to the Health Trust Fund provided for in R.S. 46:2731 until an amount not
15 to exceed thirty million dollars has been deposited into such fund state general
16 fund.
17 * * *
18 §100.136. Specialized Educational Institutions Support Unfunded Accrued
19 Liability Fund
20 A. There is hereby established in the state treasury a special fund to be known
21 as the "Unfunded Accrued Liability and Specialized Educational Institutions Support
22 Fund", hereinafter referred to as "fund". The fund shall be composed of two
23 accounts: the UAL Account and the Specialized Educational Institutions Account.
24 The source of monies for the fund shall be those state revenues deposited into the
25 fund pursuant to the requirements of R.S. 47:6351. Monies in the fund shall be
26 invested in the same manner as those in the state general fund. Monies remaining in
27 the fund at the end of the fiscal year shall be deposited into the UAL Account
28 remain in the fund.
29 B. Monies in the fund shall be available for appropriation exclusively for (1)
30 payments against the unfunded accrued liability of the public retirement systems
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1 which are in addition to any payments required for the annual amortization of the
2 unfunded accrued liability of the public retirement systems, as required by Article
3 X, Section 29(E)(2)(c) of the Constitution of Louisiana; however, any such payments
4 to the public retirement systems shall not be used, directly or indirectly, to fund
5 cost-of-living increases for such systems and (2) the support of operations of the
6 Louisiana Cancer Research Center of L.S.U. Health Sciences Center in New
7 Orleans/Tulane Health Sciences Center, the Feist-Weiller Cancer Center of LSU
8 Health Sciences Center - Shreveport, the Pennington Biomedical Research Center,
9 the Louisiana State University Agricultural Center, and the Southern University
10 Agricultural Research and Extension Center. Monies appropriated from the fund
11 shall not be used in any fiscal year to displace, replace, or supplant state general fund
12 support for these agencies.
13 C.(1) Appropriations from the Specialized Educational Institutions Account
14 in any fiscal year shall be allocated as provided in this Paragraph; however, in the
15 event that the amount available for appropriation in any fiscal year is insufficient to
16 provide for such allocations, the amounts allocated shall be reduced proportionately.
17 (a) Five Million Dollars for the Louisiana Cancer Research Center of L.S.U.
18 Health Sciences Center in New Orleans/Tulane Health Sciences Center.
19 (b) Five Million Dollars for the Feist-Weiller Cancer Center of LSU Health
20 Sciences Center - Shreveport.
21 (c) Ten Million Dollars for the Louisiana State University Agricultural
22 Center.
23 (d) Five Million Dollars for the Pennington Biomedical Research Center.
24 (e) Five Million Dollars for the Southern University Agricultural Research
25 and Extension Center.
26 (2) Appropriations from the UAL Account shall be exclusively for additional
27 payments against the unfunded accrued liability of the public retirement systems as
28 provided in Subsection B of this Section.
29 Section 13. R.S. 40:1135.10 is hereby amended and reenacted to read as follows:
30 §1135.10. Emergency medical technician fund account
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1 A. There is hereby established a special fund account in the state treasury to
2 be known as the Emergency Medical Technician Fund Account, hereafter referred
3 to as "fund account", which shall consist of monies generated by the fees collected
4 from the purchase of prestige license plates for certified emergency medical
5 technicians as provided in R.S. 47:463.47. In addition, the legislature may make
6 annual appropriations to the fund account for the purposes set forth in this Section.
7 B. All monies collected pursuant to R.S. 47:463.47 shall be deposited in the
8 Bond Security and Redemption Fund as required by Article VII, Section 9(B) of the
9 Constitution of Louisiana and thereafter shall be credited to the fund a special
10 agency account. Funding deposited into the account shall be considered fees
11 and self-generated revenues and shall be available for annual appropriations by
12 the legislature.
13 C. The monies in the fund account shall be appropriated to the Louisiana
14 Department of Health solely for purchasing equipment for the testing of applicants
15 for certification as an emergency medical technician and to cover other testing-
16 related costs. All unexpended and unencumbered monies remaining in the fund
17 account at the close of each fiscal year shall remain in the fund account. Monies in
18 the fund shall be invested by the state treasurer in the same manner as monies in the
19 state general fund. All interest earned from the investment of monies in the fund
20 shall be deposited and remain to the credit of the fund.
21 Section 14. R.S. 46:1301(A)(1) is hereby amended and reenacted to read as follows:
22 §1301. Services to autistic persons; center of excellence for autism spectrum
23 disorder; responsibility
24 A. The Louisiana Department of Health shall be responsible for providing
25 services to autistic persons, with the exception of those delineated by Part I of
26 Chapter 8 of Title 17 of the Louisiana Revised Statutes of 1950 and provided for by
27 the Department of Education or the local school board or otherwise mandated by law
28 to be provided by the Department of Education or the local school board. The
29 Louisiana Department of Health shall be responsible for:
30 (1) The establishment of a center of excellence for autism spectrum disorder
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1 within the office for citizens with developmental disabilities. This center may be
2 operated by the office through formal agreements with the Department of Education
3 and other appropriate public and private agencies including but not limited to
4 Louisiana State University Health Sciences Center-New Orleans, Louisiana State
5 University Health Sciences Center-Shreveport, and St. Mary's Residential Training
6 School in Alexandria, or others. Upon the creation of a special fund by the
7 legislature, the center is empowered to receive by gift, grant, donation, or otherwise
8 any sum of money, property, aid, or assistance from any person, firm, or corporation.
9 This center should be the core of activities providing services to autistic citizens
10 including but not limited to early diagnosis and intervention and individualized
11 programs involving school, home, and community throughout the life span of autistic
12 citizens. The center shall give assistance to private and public agencies providing
13 services to autistic citizens and their families. The center shall become a resource
14 and training facility for educators and others charged with educating autistic citizens.
15 The center, as well as any facilities constructed as a part of the center upon the
16 appropriation of funds, shall be located in Caddo Parish.
17 * * *
18 Section 15. R.S. 47:318(D), 463.48(D), 463.60(F), 463.148(E), 463.167(E), 6351(G),
19 and 7019.2(B)(1) are hereby amended and reenacted to read as follows:
20 §318. Disposition of collections
21 * * *
22 D. After satisfying the requirements of Subsection B of this Section, the
23 remaining portion of the amount determined pursuant to Subsection A of this Section
24 shall be deposited in the Louisiana Economic Development Fund created by R.S.
25 51:2315 dedicated exclusively to the Louisiana FastStart Program.
26 * * *
27 §463.48. Special prestige license plates; emergency medical technicians
28 * * *
29 D. The department shall collect the fee for the special license plates and
30 forward twenty-four dollars to the state treasurer for deposit into the Emergency
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1 Medical Technician Fund Account created by the provisions of R.S. 40:1236.5
2 40:1135.10. The remaining portion of the fee shall be retained by the department to
3 offset administrative costs.
4 * * *
5 §463.60. Special prestige license plates; "Animal Friendly" prestige license plate;
6 animal population control; Pet Overpopulation Fund
7 * * *
8 F. Any veterinarian licensed in this state, veterinary hospital, or organization
9 qualified as a tax-exempt organization under Section 501(c)(3) of the Internal
10 Revenue Code of 1954, as amended, may apply for grants from the state general
11 fund, on an application approved by the Pet Overpopulation Advisory Council.
12 Grants shall be distributed solely for purposes of providing low-cost pet sterilizations
13 by licensed veterinarians.
14 * * *
15 §463.148. Special prestige license plate; "Share the Road"
16 * * *
17 E. The monies received from the additional twenty-five-dollar fee shall be
18 deposited into the Louisiana Bicycle and Pedestrian Safety Fund Account, R.S.
19 32:202, for use by the Department of Transportation and Development for the sole
20 purpose of promoting bicycle and pedestrian safety.
21 * * *
22 §463.167. Special prestige license plates; "Hunters for the Hungry Louisiana"
23 * * *
24 E. The annual royalty fee collected by the department shall be forwarded to
25 the Wildlife and Fisheries Conservation Fund special account known as the "Hunters
26 for the Hungry Escrow Account". No more than ten percent of the monies in the
27 escrow account shall be used for administrative costs. The balance shall be used
28 solely by Hunters for the Hungry Louisiana to pay for the processing and distribution
29 of meats, when such meats shall be used by a nonprofit entity or charitable
30 organization in food or meal distribution at no cost to an individual pursuant to R.S.
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1 56:644.
2 * * *
3 §6351. Rebates; contracts for certain state sales and use tax rebates
4 * * *
5 G. Disposition of collections resulting from new taxable sales.
6 The state sales tax revenues generated as a result of the activities of
7 purchasing companies pursuant to this Section which are deposited into the state
8 general fund shall thereafter be disbursed during each fiscal year in the following
9 order of priority:
10 (1) The payment of rebates to procurement processing companies by the
11 secretary of the Department of Revenue in accordance with the provisions of a
12 contract, which payments shall be made from current sales tax collections pursuant
13 to Paragraph (D)(1) of this Section.
14 (2) Retention by the department of amounts necessary to provide for the
15 expenses of the department pursuant to the provisions of Subsection F of this
16 Section.
17 (3) Of the monies remaining after satisfaction of the requirements of
18 Paragraphs (1) and (2) of this Subsection as determined by the secretary pursuant to
19 Subsection H of this Section, the state treasurer is hereby authorized and directed to
20 transfer the amount of thirty million dollars, or as much thereof as is available, from
21 the state general fund to the Unfunded Accrued Liability and Specialized
22 Educational Institutions Support Fund-Specialized Educational Institutions Account,
23 which is established pursuant to R.S. 39:100.136. Each fiscal year, the transfer shall
24 occur as soon as is practicable, upon notification by the secretary of the Department
25 of Revenue that revenues sufficient to provide for this distribution have been
26 deposited into the treasury.
27 (4) Of the monies remaining after satisfaction of the requirements of
28 Paragraphs (1) through (3) and (2) of this Subsection as determined by the secretary
29 pursuant to Subsection H of this Section, the state treasurer is hereby authorized and
30 directed to transfer from the state general fund to the Unfunded Accrued Liability
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1 and Specialized Educational Institutions Support Fund-UAL Account Fund an
2 amount equal to ten percent of the total remaining state sales tax revenues collected
3 in and attributable to that fiscal year as a result of the activities of purchasing
4 companies. The transfer shall occur no later than August tenth of each year.
5 * * *
6 §7019.2. Collection of tolls, fees, and charges on Crescent City Connection Bridge;
7 amnesty program; refunds
8 * * *
9 B.(1) The state treasurer, as administrator of the Uniform Unclaimed Property
10 Act, shall establish a program to refund monies collected during the amnesty period
11 for a toll violation from any person who satisfies one of the circumstances provided
12 in Subsection A of this Section and who contacts the state treasurer for a refund and
13 provides the state treasurer with sufficient proof of the payment made that satisfied
14 the circumstances of Subsection A of this Section. Any refund payment shall be
15 made by the treasurer from the Crescent City Amnesty Refund Fund as provided in
16 R.S. 9:154.3.
17 * * *
18 Section 16. R.S. 49:259(D), 308.3(B)(7) and (D), and 308.5(B)(3) and (4) are hereby
19 amended and reenacted to read as follows:
20 §259. Department of Justice Legal Support Fund
21 * * *
22 D. Notwithstanding the provisions of Subsection A of this Section, no
23 proceeds shall be deposited into the fund from court-awarded judgments and
24 settlements involving the Department of Natural Resources as specified in R.S.
25 30:136.3(B)(1), nor any judgments, settlements, or recoveries which are designated
26 for credit to the Hazardous Waste Site Cleanup Fund, the Environmental Trust Fund
27 Account, or any other funds administered by the Department of Environmental
28 Quality under the Environmental Quality Act. Notwithstanding the provisions of
29 Subsection A of this Section, no proceeds shall be deposited into the fund from
30 court-awarded judgments and settlements involving the Department of
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1 Transportation and Development. Notwithstanding the provisions of Subsection A
2 of this Section, no proceeds shall be deposited into the fund from judgments,
3 settlements, or recoveries arising from the DWH litigation, including but not limited
4 to litigation expenses, assessment costs, court costs or attorney fees.
5 * * *
6 §308.3. Special funds and dedication of money
7 * * *
8 B. This Section shall not apply to or affect the laws which dedicate or
9 otherwise provide for the use of the following money or the laws which provide for
10 the following special funds in the state treasury:
11 * * *
12 (7) The Hazardous Waste Site Cleanup Fund created and maintained pursuant
13 to R.S. 30:2205 and the Environmental Trust Fund Account created and maintained
14 pursuant to R.S. 30:2015.
15 * * *
16 D. This Section shall not apply to the Motorcycle Safety, Awareness, and
17 Operator Training Program Fund Account as provided in R.S. 32:412(C)(2), the
18 Proprietary School Student Protection Fund as provided for in R.S. 17:3141.16.
19 * * *
20 §308.5. Legislative review and recommendation on special funds and dedication of
21 money
22 * * *
23 B.
24 * * *
25 (3)(a) No later than October 1, 2017, and every two years year thereafter, the
26 division of administration shall submit a plan of special funds and dedications to the
27 Joint Legislative Committee on the Budget that specifies at least fifty percent of the
28 special dedicated funds in law as of the date of the submission of the plan. The Joint
29 Legislative Committee on the Budget shall review the plan and may add special
30 funds to the plan submitted by the division of administration prior to approval by the
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1 committee.
2 (b) The Joint Legislative Committee on the Budget shall ensure that after two
3 consecutive plans have been approved, all special funds established by law on the
4 date of the submission of the second consecutive plan will have been approved in a
5 plan at least once in the previous four two years.
6 (4) Once the plan for review of special funds is approved by the Joint
7 Legislative Committee on the Budget, the Dedicated Fund Review Subcommittee of
8 the Joint Legislative Committee on the Budget, hereinafter referred to as "the
9 subcommittee", shall conduct a review of the special funds and dedications specified
10 in each such plan, resulting in a recommendation for each specified fund in the plan.
11 The subcommittee shall meet only on a day in which the Joint Legislative Committee
12 on the Budget is scheduled to convene.
13 * * *
14 Section 17. R.S. 51:2315 is hereby amended and reenacted to read as follows:
15 §2315. Louisiana Economic Development Fund
16 A. There is hereby established within the state treasury a fund to be known
17 as the "Louisiana Economic Development Fund". All monies received by the
18 corporation shall be deposited to the account of the Louisiana Economic
19 Development Fund. Monies received by the corporation pursuant to R.S.
20 47:318(A) shall be used solely for the Louisiana FastStart Program.
21 B.(1) The legislature may appropriate monies for the benefit of the programs
22 administered by the corporation to the Louisiana Economic Development Fund. The
23 monies in such fund shall be used to accomplish the purposes of this Chapter.
24 (2) All monies received or appropriated to such fund shall remain in the fund
25 and shall not be returned to the state general fund at the end of any fiscal year.
26 C.(1) The monies in the Louisiana Economic Development Fund shall be
27 invested by the treasurer in the same manner as monies in the state general fund.
28 (2) All interest earned on monies from such the fund so invested by the state
29 treasurer shall be deposited in the Louisiana Economic Development Fund.
30 * * *
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1 Section 18. R.S. 56:10(B)(1)(b), 70.3, 70.4(A), 253(C)(2)(a), 278(A), 279(A), (C),
2 (D)(1) and (3), 494(E)(5) and (F), 644(B), the introductory paragraph of (C), (D), and (E)
3 are hereby amended and reenacted to read as follows:
4 * * *
5 §10. Annual report to governor; estimate of proposed expenditures; particular funds;
6 limitations on purposes for use of monies in particular funds;
7 warrants; vouchers; surplus funds
8 * * *
9 B.(1) Subject to the exception contained in Article VII, Section 9(A) of the
10 Constitution of Louisiana, all funds collected by the commission from every source
11 shall be paid into the state treasury and shall be credited to the Bond Security and
12 Redemption Fund. Out of the funds remaining in the Bond Security and Redemption
13 Fund after a sufficient amount is allocated from that fund to pay all obligations
14 secured by the full faith and credit of the state which become due and payable within
15 any fiscal year, the treasurer shall, prior to placing such remaining funds in the state
16 general fund, conform to the following:
17 * * *
18 (b)(i) Pay annually into a special fund created in the state treasury and
19 designated as the "Shrimp Marketing and Promotion Fund", an amount equal to the
20 fees collected pursuant to R.S. 56:305(G) and paid into the treasury by the
21 commission. All expenditures and allocation of monies from this fund shall be
22 administered by the Louisiana Shrimp Task Force to be used for the development of
23 markets for shrimp and creation of marketing strategies for the development and
24 market expansion for shrimp harvested from Louisiana waters. The task force may
25 contract with the Louisiana Seafood Promotion and Marketing Board to promote the
26 Louisiana shrimp industry.
27 (ii) Pay annually into the Conservation Fund, into a special account entitled
28 the "Shrimp Trade Petition Account", an amount equal to the fees collected pursuant
29 to R.S. 56:305(H). Subject to annual appropriation by the legislature, the monies in
30 the fund shall be used exclusively for the purposes of promotion and protection of
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1 domestic wild-caught shrimp. For purposes of this Item, promotion and protection
2 of domestic wild-caught shrimp shall include expenses related to the petition filed
3 by the Southern Shrimp Alliance in December 2003 for the imposition of
4 antidumping duties pursuant to Section 731 of the Tariff Act of 1930, as amended.
5 All expenditures and allocation of funds from this account shall be administered by
6 the Louisiana Shrimp Task Force. The monies in this account shall be invested by
7 the state treasurer in the same manner as monies in the state general fund and all
8 returns on such investment shall be deposited to the account. All unexpended and
9 unencumbered monies remaining in this account at the end of the fiscal year shall
10 remain in the account.
11 * * *
12 §70.3. Louisiana Help Our Wildlife Fund; creation; composition of fund; uses of
13 fund
14 A. The Louisiana Help Our Wildlife Fund, hereinafter referred to as "the
15 fund", is hereby created within the Louisiana Wildlife and Fisheries Conservation
16 Fund is hereby abolished in the state treasury. Any monies in the fund shall be
17 transferred to the Conservation Fund.
18 B. The fund shall be composed of:
19 (1) Monies from appropriations by the legislature.
20 (2) All monies paid as a cost levied on class violations as provided in
21 Subsection C of this Section.
22 (3) Any federal monies made available to the state for enforcement of anti-
23 poaching laws.
24 C.(1) In addition to any other costs otherwise imposed by law, and not
25 withstanding any provision of law to the contrary, a cost of five dollars for any class
26 violation as provided in R.S. 56:31 through 37.1 is hereby levied in each criminal
27 action which results in conviction or guilty plea. The recipient of such costs shall
28 remit them upon collection to the state treasurer.
29 (2) Notwithstanding any other provision of law to the contrary, in addition
30 to any fine imposed under R.S. 30:2531 and 2531.1 or fine imposed pursuant to any
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1 parish or municipal ordinance prohibiting littering, an additional fine of five dollars
2 is hereby imposed for each violation of said statutes or ordinances which results in
3 a conviction, guilty plea, or plea of nolo contendere. The recipient of such fines shall,
4 notwithstanding any other law to the contrary, remit them to the state treasurer upon
5 collection.
6 D.(1) After complying with the requirements of Article VII, Section 9 (B)
7 of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
8 the treasurer each fiscal year, prior to placing the remaining funds in the state general
9 fund, shall pay the same amount of funds as was paid into the state treasury pursuant
10 to Subsections B and C of this Section into a special fund hereby created within the
11 Louisiana Wildlife and Fisheries Conservation Fund in the state treasury and known
12 as the Louisiana Help Our Wildlife Fund.
13 (2) The monies in the Louisiana Help Our Wildlife Fund shall be used solely
14 for the purposes set forth in this Subpart and only in the amounts appropriated each
15 year by the legislature.
16 (3) All unexpended and unencumbered monies in the fund at the end of the
17 fiscal year shall remain in the fund.
18 (4) The monies in the fund shall be invested by the treasurer in the same
19 manner as monies in the Louisiana Wildlife and Fisheries Conservation Fund. All
20 interest earned on monies invested by the treasurer shall be deposited in the
21 Louisiana Help Our Wildlife Fund.
22 E. The Louisiana Help Our Wildlife Fund may be used solely for the
23 following purposes:
24 (1) Rewards for information leading to the arrest and conviction of poachers
25 and litterers.
26 (2) A promotional and educational campaign to inform the general public on:
27 (a) The harm and danger of poaching and littering.
28 (b) The reward for information which leads to the arrest and conviction of
29 poachers and litterers.
30 (3) Toll free telephone numbers.
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1 (4) All expenses necessary to implement the provisions of this Subpart as
2 determined by the secretary of the Department of Wildlife and Fisheries.
3 §70.4. Rewards; payments
4 A.(1) The secretary of the Department of Wildlife and Fisheries, or his
5 designee, shall determine which informers are to be granted rewards, specify the
6 amount of each reward, and direct the payment of the rewards from the Louisiana
7 Help Our Wildlife Conservation Fund.
8 (2) No reward may be less than two hundred dollars or more than one
9 thousand dollars. No amount in excess of that available in the Louisiana Help Our
10 Wildlife Conservation Fund shall be payable as a reward under this Subpart.
11 * * *
12 §253. Shipping raw furs, alligators, alligator skins, and alligator parts out of state;
13 tags
14 * * *
15 C.
16 * * *
17 (2)(a) Every resident fur dealer, alligator hunter, alligator farmer, taxidermist,
18 nonresident fur dealer, or nonresident alligator hunter, before shipping alligators or
19 raw alligator skins out of state, or before tanning or using for taxidermy of raw
20 alligator skins within the state, shall pay to the department an alligator shipping label
21 fee for each alligator so shipped and shall pay an alligator hide tag fee for each raw
22 alligator skin to be so shipped, used for taxidermy, or tanned. The alligator shipping
23 label fee and the alligator hide tag fee shall be collected by the department from the
24 fur dealer, taxidermist, alligator hunter, alligator farmer, nonresident fur dealer, or
25 nonresident alligator hunter who is shipping alligators or raw alligator skins, or who
26 intends to tan, or use for taxidermy, the raw alligator skins. The department shall
27 collect such fees at the time of shipment, using for taxidermy, or tanning, and no
28 alligator shipping label or out-of-state shipping tag shall be issued by the department
29 for a shipment before payment of the appropriate fee is received by the department.
30 The alligator shipping label fee for each alligator to be shipped and the alligator hide
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1 tag fee for each raw alligator skin to be shipped, used for taxidermy, or tanned shall
2 be no more than four dollars per alligator or raw alligator skin; however, the alligator
3 shipping label fee and the alligator hide tag fee shall each be reduced in any fiscal
4 year by rule or regulation of the commission in an equal amount equivalent to any
5 amount of additional revenues received into the Louisiana Alligator Resource Fund
6 Account from the state general fund or sources other than alligator-related fees
7 established pursuant to this Title. Revenues received by the state pursuant to this
8 Paragraph shall be distributed as provided in R.S. 56:266 and 279.
9 * * *
10 §278. Louisiana Alligator Advisory Council
11 A. The Louisiana Alligator Advisory Council is hereby created in the
12 Department of Wildlife and Fisheries. The Louisiana Alligator Advisory Council
13 shall be responsible for reviewing and approving recommended marketing, research,
14 and educational programs to be funded from the Louisiana Alligator Resource Fund
15 Account to ensure that any monies from the funds account are expended for the
16 specific goals of the council.
17 * * *
18 §279. Louisiana Alligator Resource Fund Account
19 A. Recognizing that the Louisiana alligator industry is a vital aspect of
20 Louisiana's economic base and that in recent years worldwide markets and prices
21 have expanded at a tremendous rate; and recognizing the rapid expansion of
22 Louisiana alligator farming industry statewide; and recognizing the uniqueness of
23 the state's alligator farming industry, one state agency, the Department of Wildlife
24 and Fisheries, has provided the impetus for inception and development of the total
25 alligator conservation program; and recognizing the many beneficial influences that
26 Louisiana's alligator program has had on crocodilian conservation worldwide; and
27 recognizing world trends questioning the consumptive utilization of wildlife species,
28 and recognizing that those trends, by adversely affecting economic conditions, could
29 have a severe impact on the alligator industry; and recognizing that raw and finished
30 alligator skins and products are largely consumed outside the United States; and
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1 recognizing the need to educate the public concerning alligator hunting as a sound
2 wildlife management practice; and recognizing the urgent need to support the
3 alligator industry with a comprehensive research and development program; and
4 recognizing the need to staff and fund the Department of Wildlife and Fisheries with
5 adequate personnel in order to service this industry's needs, the Legislature of
6 Louisiana does hereby establish the Louisiana Alligator Resource Fund Account
7 within the Louisiana Wildlife and Fisheries Conservation Fund. The Alligator
8 Resource Fund Account is intended to help defray the cost of alligator programs
9 within the office of wildlife of the Department of Wildlife and Fisheries.
10 * * *
11 C.(1) Except as otherwise provided by law, all revenues received by the state
12 from the sale of licenses as provided in R.S. 56:251(A)(2), from tag fees imposed on
13 alligator hunters, alligator farmers, alligator shipping label fees on the sale of
14 alligators, all revenues derived from the sale of alligators, alligator skins, or alligator
15 eggs harvested from department-administered lands, all fees derived from alligator
16 lottery harvest programs on department-administered lands and public waters, and
17 all revenues derived from any other alligator-related fees and from the severance tax
18 on alligator skins provided for in R.S. 56:256 shall be credited by the state treasurer
19 to a special fund account designated as the "Louisiana Alligator Resource Fund
20 Account" after those revenues have been deposited in the Bond Security and
21 Redemption Fund. Out of the funds remaining in the Bond Security and Redemption
22 Fund after a sufficient amount is allocated from that fund to pay all obligations
23 secured by the full faith and credit of the state that become due and payable within
24 each fiscal year, the treasurer shall classify and consider as fees and self-generated
25 revenues available for appropriation as recognized by the Revenue Estimating
26 Conference, and, prior to placing such funds in the state general fund, shall pay into
27 the Louisiana Alligator Resource Fund Account, a special agency account to be
28 retained for future appropriation as provided in this Subpart, an amount equal
29 to the revenues generated from collection from those sources provided for in this
30 Section and other sources as provided by law.
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1 (2) The state treasurer shall invest the monies in this fund in the same manner
2 as monies in the state general fund. Any surplus monies remaining to the credit of
3 the fund account, after all appropriations of the preceding fiscal year have been
4 made, shall remain to the credit of the fund account. The state treasurer shall prepare
5 and submit to the department on a quarterly basis a printed report showing the
6 amount of money contained in the fund account from all sources.
7 (3) Any amounts earned through investment of the monies in the fund shall
8 remain to the credit of the fund and shall not revert to the state general fund.
9 D.(1) The monies made available by the legislature from the fund account
10 as provided in this Section or from any other source shall be used solely for the
11 programs, purposes, and specific goals enumerated in this Section.
12 * * *
13 (3) The Department of Wildlife and Fisheries in utilizing monies from the
14 fund account shall contract, only with the approval of the Louisiana Alligator
15 Advisory Council, for any services relating to specific goals enumerated in this
16 Section. The secretary is hereby authorized and empowered to carry out any and all
17 contracts entered into in order to achieve these goals.
18 * * *
19 §494. Louisiana Shrimp Task Force
20 * * *
21 E. The task force is hereby charged with responsibility to do the following:
22 * * *
23 (5) Administer the funds in the Shrimp Marketing and Promotion Fund and
24 the "Shrimp Trade Petition Account", which funds fund shall be used to create new
25 markets for shrimp and promote the sale of shrimp harvested from Louisiana waters.
26 * * *
27 F. The activities of the Shrimp Task Force shall be funded through the
28 Shrimp Marketing and Promotion Fund (R.S. 56:10(B)(1)(b)(i)) and the "Shrimp
29 Trade Petition Account" (R.S. 56:10(B)(1)(b)(ii)).
30 * * *
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1 §644. Fishing and hunting license checkoff; donation for Hunters for the Hungry
2 * * *
3 B. There is hereby created within the Conservation Fund a special account
4 known as the "Hunters for the Hungry Escrow Account". The escrow account is
5 created to receive deposits of donations for the benefit of Hunters for the Hungry
6 made when an individual purchases a fishing and hunting license. Subject to the
7 exception contained in Article VII, Section 9(A) of the Constitution of Louisiana, all
8 funds collected from the donations made under the provisions of this Section shall
9 be paid into the state treasury and shall be credited to the Bond Security and
10 Redemption Fund. Out of the funds remaining in the Bond Security and Redemption
11 Fund after a sufficient amount is allocated from that fund to pay all obligations
12 secured by the full faith and credit of the state which become due and payable within
13 any fiscal year, the treasurer shall, prior to placing such remaining funds in the state
14 general fund, pay into the Hunters for the Hungry Escrow Account an amount equal
15 to the amount of funds collected under the provisions of this Section. The account
16 shall be administered by the treasurer who shall every three months remit the balance
17 of the monies in the escrow account to Hunters for the Hungry. The monies in the
18 escrow account shall be used solely as provided by Subsection C of this Section. All
19 unexpended and unencumbered monies in this escrow account at the end of the fiscal
20 year shall remain in the fund escrow account. The monies in the fund escrow
21 account shall be invested by the state treasurer in the same manner as monies in the
22 state general fund.
23 C. No more than twenty-five percent of the monies in the escrow account
24 shall be used for administrative costs. The balance shall be used solely by Hunters
25 for the Hungry to pay for the following:
26 * * *
27 D. All monies used pursuant to the Hunters for the Hungry Escrow Account
28 shall be subject to audit by the legislative auditor.
29 E. At the end of each calendar year, Hunters for the Hungry shall submit to
30 the House Natural Resources and Environment Committee and the Senate
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1 Committee on Natural Resources a report that at a minimum contains a detailed
2 explanation of the revenues and expenditures of the escrow account, as well as a
3 description of the organization's activities related to the escrow account. The
4 committee may summon any person employed by or associated with Hunters for the
5 Hungry to provide testimony with respect to the report.
6 * * *
7 Section 19. Code of Criminal Procedure Article 895.1(F)(2), the introductory
8 paragraph of (3), (b), and (e), are hereby amended and reenacted to read as follows:
9 Art. 895.1. Probation; restitution; judgment for restitution; fees
10 * * *
11 F. When the court places the defendant on supervised probation, it shall order
12 as a condition of probation the payment of a monthly fee of eleven dollars. The
13 monthly fee established in this Paragraph shall be in addition to the fee established
14 in Paragraph C of this Article and shall be collected by the Department of Public
15 Safety and Corrections and shall be transmitted, deposited, appropriated, and used
16 in accordance with the following provisions:
17 * * *
18 (2) After compliance with the requirements of Article VII, Section 9(B) of
19 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
20 and prior to monies being placed in the state general fund, the treasurer shall
21 classify and consider as fees and self-generated revenues available for
22 appropriation as recognized by the Revenue Estimating Conference, an amount
23 equal to that deposited as required by Subparagraph (1) of this Paragraph shall be
24 credited to a special fund agency account to be retained for future appropriation
25 as provided in this Article which is hereby created in the state treasury to be known
26 as the "Sex Offender Registry Technology Fund Account". The monies in this fund
27 account shall be used solely as provided in Subparagraph (3) of this Paragraph and
28 only in the amounts appropriated by the legislature.
29 (3) The monies in the Sex Offender Registry Technology Fund Account shall
30 be appropriated as follows:
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1 * * *
2 (b) For Fiscal Year 2010-2011 and each year thereafter, an amount equal to
3 fifteen percent of the total residual monies available for appropriation from the fund
4 account shall be appropriated to the Department of Public Safety and Corrections,
5 office of adult services, division of probation and parole.
6 * * *
7 (e) After providing for the allocations in Subsubparagraphs (a), (b), (c), and
8 (d) of this Subparagraph, the remainder of the residual monies in the Sex Offender
9 Registry Technology Fund Account shall, pursuant to an appropriation to the office
10 of the attorney general, be distributed to the sheriff of each parish, based on the
11 population of convicted sex offenders, sexually violent predators, and child predators
12 who are residing in the parish and who are active sex offender registrants or active
13 child predator registrants in the respective parishes according to the State Sex
14 Offender and Child Predator Registry. These funds shall be used to cover the costs
15 associated with sex offender registration and compliance. Population data necessary
16 to implement the provisions of this Subparagraph shall be as compiled and certified
17 by the undersecretary of the Department of Public Safety and Corrections on the first
18 day of June of each year. No later than thirty days after the Revenue Estimating
19 Conference recognizes the prior year fund account balance, the office of the attorney
20 general shall make these distributions, which are based on the data certified by the
21 undersecretary of the Department of Public Safety and Corrections, to the recipient
22 sheriffs who are actively registering offenders pursuant to this Paragraph.
23 Section 20. Section 4(B) of Act No. 421 of the 2013 Regular Session of the
24 Legislature, as amended by Section 4(B) of Act No. 822 of the 2014 Regular Session of the
25 Legislature is hereby amended and reenacted to read as follows:
26 Section 4.(A)
27 * * *
28 (B)(1) After satisfaction of the requirements of Subsection A of this Section,
29 all remaining monies collected pursuant to this Act shall be paid into the state
30 treasury. After compliance with the requirements of Article VII, Section 9(B) of the
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1 Constitution of Louisiana relative to the Bond Security and Redemption Fund and
2 prior to any monies being placed into the state general fund or any other fund, an
3 amount equal to the remaining collections shall be credited by the state treasurer as
4 follows: to the state general fund.
5 (a) For Fiscal Year 2013-2014, the monies shall be credited to a special fund
6 hereby created in the state treasury to be known as the 2013 Amnesty Collections
7 Fund, hereinafter referred to as "fund". The monies in the fund shall be available for
8 appropriation for any public purpose.
9 (b) For Fiscal Year 2014-2015:
10 (i) One hundred million dollars of such monies shall be credited to the fund
11 and shall be available for appropriation for any public purpose.
12 (ii) Of the monies in excess of one hundred million dollars, four million
13 dollars shall be appropriated to the Department of Economic Development to be
14 allocated to the Louisiana Regional Leadership Council to be used for purposes of
15 regional economic development and workforce development.
16 (iii) Any remaining monies after the allocations in Items (i) and (ii) of this
17 Subparagraph shall be credited to the fund and shall be available for appropriation
18 for any public purpose.
19 Section 21. The introductory paragraph of Section 7(A) and (B) of Act 41 of the
20 2006 First Extraordinary Session of the Legislature is hereby amended and reenacted to read
21 as follows:
22 * * *
23 Section 7. Local Debt Service Assistance Program
24 (A) Monies in the fund shall be distributed through a loan program to or on
25 behalf of those affected political subdivisions designated by and in such amounts as
26 determined by OCD and approved by the commissioner of administration using
27 criteria to be developed by OCD, without the necessity for compliance with the
28 Administrative Procedure Act. Such criteria shall be submitted to the Joint
29 Legislative Committee on the Budget for its review and approval prior to
30 implementation of the program. Such criteria may include:
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1 * * *
2 (B) The distribution of monies in the fund for the payment of debt service
3 due and payable on qualified bonds, notes, certificates of indebtedness, or other
4 written obligations for the repayment of borrowed money of an affected political
5 subdivision shall be approved by the State Bond Commission and the Joint
6 Legislative Committee on the Budget and shall be made with the expectation of
7 payment thereof to the state pursuant to (1) loans evidenced by notes issued by the
8 affected public entities pursuant to R.S. 39:1430; (2) any other evidence of
9 indebtedness pursuant to statutory authority; or (3) cooperative endeavor agreements.
10 * * *
11 Section 22. R.S. 11:544, R.S. 15:185.5, 572.8(N) and (S), R.S. 17:354, 3138.2, and
12 3138.3, and Subpart A-2 of Part IX-A of Chapter 26 of Title 17 of the Louisiana Revised
13 Statutes of 1950, comprised of R.S. 17:3397.11, R.S. 27:392(C)(4), R.S. 30:2000.12 and
14 2551, R.S. 33:2740.18, R.S. 39:87.5, Subpart H of Part II-A of Chapter 1 of Subtitle I of
15 Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.11, Subpart
16 N of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of
17 1950, comprised of R.S. 39:100.51, Subpart Q-1 of Part II-A of Chapter 1 of Subtitle I of
18 Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.122, Subpart
19 Q-2 of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of
20 1950, comprised of R.S. 39:100.123, Subpart S of Part II-A of Chapter 1 of Subtitle I of Title
21 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.146, R.S. 39:1357,
22 R.S. 40:16.2 and 1402, R.S. 46:290.1, 977.13, 2731, 2742(D), and 2901, R.S. 47:120.39 and
23 841.2, R.S. 49:214.6.7(D) and (E), R.S. 56:14, 302.3(B)(5)(c), 305(H) and 633, Section 9
24 of Act No. 138 of the 2005 Regular Session of the Legislature as amended by Section 7 of
25 Act No. 642 of the 2006 Regular Session of the Legislature, Sections (3)(D) and (6) of Act
26 No. 41 of the 2006 First Extraordinary Session of the Legislature, Section 7 of Act No. 420
27 of the 2013 Regular Session of the Legislature, Section (4)(B)(1) of Act No. 421 of the 2013
28 Regular Session of the Legislature, as amended by Section (4)(B)(1) of Act No. 822 of the
29 2014 Regular Session of the Legislature, and Section (4)(B)(2) of Act No. 421 of the 2013
30 Regular Session of the Legislature are hereby repealed in their entirety.
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1 Section 23. R.S. 51:2211 through R.S. 51:2216 are hereby repealed in their entirety.
2 Section 24. The state treasurer is hereby authorized and directed to transfer any
3 unencumbered balances remaining in the funds repealed and abolished in Sections 1 through
4 14 of this Act to the state general fund after satisfying the appropriations for Fiscal Year
5 2019-2020.
6 Section 25. The provisions of this Section and Section 11 of this Act shall become
7 effective on July 1, 2018; if vetoed by the governor and subsequently approved by the
8 legislature, this Section and Section 11 of this Act shall become effective on July 1, 2018.
9 The provisions of Section 23 of this Act shall become effective on January 1, 2019; if vetoed
10 by the governor and subsequently approved by the legislature, Section 23 of this Act shall
11 become effective on July 1, 2018. Sections 1 through 10, 12 through 22, and 24 of this Act
12 shall become effective on July 1, 2020.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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