HLS 19RS-107 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 286
BY REPRESENTATIVE HENRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FUNDS/FUNDING: Provides for the transfer, deposit, and use of monies among state funds
1 AN ACT
2To amend and reenact R.S. 47:481 and R.S. 48:196(A)(introductory paragraph) and 197 and
3 to enact R.S. 48:25.2, relative to special treasury funds; to establish certain special
4 treasury funds; to require the Department of Transportation and Development to
5 provide for continued operation of certain ferries; to provide for the transfer,
6 deposit, investment, and use, as specified, of certain treasury funds; to provide for
7 the appropriation of registration and license fees and taxes collected in certain
8 parishes; to provide for effectiveness; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1.(A) Notwithstanding any provision of law to the contrary, the state
11treasurer is hereby authorized and directed to transfer $77,013,301, to be comprised wholly
12of nonrecurring revenues out of the state general fund from the Fiscal Year 2017-2018
13surplus, as recognized by the Revenue Estimating Conference, to the Budget Stabilization
14Fund.
15 (B) Notwithstanding any provision of law to the contrary, the state treasurer is
16hereby authorized and directed to transfer $55,000,000, to be comprised wholly of
17nonrecurring revenues out of the state general fund from the Fiscal Year 2017-2018 surplus,
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HB NO. 286
1as recognized by the Revenue Estimating Conference, to the Coastal Protection and
2Restoration Fund.
3 Section 2.(A) Notwithstanding any provision of law to the contrary, the state
4treasurer is hereby authorized and directed to transfer $500,000 into the Fiscal Administrator
5Revolving Loan Fund from state general fund (direct).
6 (B) Notwithstanding any provision of law to the contrary, the state treasurer is
7hereby authorized and directed to transfer $2,000,000 into the Utility and Carrier Inspection
8and Supervision Fund from state general fund (direct).
9 (C) Notwithstanding any provision of law to the contrary, the state treasurer is
10hereby authorized and directed to transfer $1,500,000 into the Motor Fuels Underground
11Storage Tank Trust Fund from state general fund (direct).
12 (D) Notwithstanding any provision of law to the contrary, the state treasurer is
13hereby authorized and directed to transfer $5,000,000 into the Higher Education Initiatives
14Fund from state general fund (direct).
15 Section 3. R.S. 47:481 is hereby amended and reenacted to read as follows:
16 §481. Disposition of collections
17 Except as provided in R.S. 47:480, all fees and taxes provided for in this
18 Chapter, including the permit fees, shall be paid to the state treasurer on or before the
19 tenth day of each month following their collection and shall be credited to the
20 account of the Transportation Trust Fund, the State Highway Improvement Fund,
21 state highway fund No. 2, and the New Orleans Ferry Fund, and the Regional
22 Maintenance and Improvement Fund, as provided by law.
23 Section 4. R.S. 48:196(A)(introductory paragraph) and 197 are hereby amended and
24reenacted and R.S. 48:25.2 is hereby enacted to read as follows:
25 §25.2. New Orleans Ferry Fund; ferry operations
26 A. There is hereby created, as a special fund in the state treasury, the New
27 Orleans Ferry Fund, hereinafter referred to as the "fund". Notwithstanding any
28 provision of law to the contrary, beginning July 1, 2019, and each fiscal year
29 thereafter, after compliance with the requirements of Article VII, Section 9(B) of the
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HB NO. 286
1 Constitution of Louisiana, and after making the allocation for state highway fund No.
2 2 for the Greater New Orleans Expressway Commission, the treasurer shall deposit
3 into the fund, an amount equal to the total of all of the funds derived from the
4 collection of registration and license fees and taxes collected by the state pursuant
5 to R.S. 47:462, and as provided in R.S. 47:481, in the parish of Orleans.
6 B. The monies in the fund shall be subject to an annual appropriation by the
7 legislature and shall be used only as provided in Subsection C of this Section. The
8 monies in the fund shall be invested by the treasurer in the same manner as the
9 monies in the state general fund, and all interest earned shall be deposited and
10 credited to the fund. All unexpended or unencumbered monies remaining in the fund
11 at the end of the fiscal year shall remain to the credit of the fund.
12 C. Monies appropriated from the fund shall be used exclusively by the
13 Department of Transportation and Development to fund operations of the Chalmette
14 ferry and to provide ferry service formerly operated by its Crescent City Connection
15 Division. These monies shall be in addition to monies the department shall contribute
16 from its operating budget as provided by law.
17 * * *
18 §196. State Highway Improvement Fund
19 A. There is hereby created, as a special fund in the state treasury, the State
20 Highway Improvement Fund, hereinafter referred to as the "fund." The source of
21 monies in this fund shall be registration and license fees and taxes collected by the
22 state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in such amounts as
23 remain after payment of amounts due on bonds and related expenses as provided in
24 the documents pursuant to which the bonds were issued under the provisions of R.S.
25 48:196.1. Beginning July 1, 2007, and each fiscal year thereafter, after satisfaction
26 of the requirements of the provisions of R.S. 48:196.1 and compliance with the
27 requirements of Article VII, Section 9(B) of the Constitution of Louisiana, and after
28 making the allocation for state highway fund No. 2, and the New Orleans Ferry
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1 Fund, and the Regional Maintenance and Improvement Fund, the treasurer shall
2 deposit into the fund the following amounts:
3 * * *
4 §197. Motor vehicle license tax; Transportation Trust Fund Regional Maintenance
5 and Improvement Fund
6 A.(1) Beginning January 1, 2013, and each fiscal year thereafter, through
7 June 30, 2019, after compliance with the requirements of Article VII, Section 9(B)
8 of the Constitution of Louisiana, and after making the allocation for state highway
9 fund No. 2, the treasurer shall deposit into the Transportation Trust Fund fifty
10 percent of all funds derived from the collection of registration and license fees and
11 taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481,
12 in the parishes of Orleans, Jefferson, St. John the Baptist, St. Charles, Tangipahoa,
13 and St. Tammany.
14 (2) Beginning July 1, 2019, and each fiscal year thereafter, after compliance
15 with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana,
16 after making the allocation for state highway fund No. 2 for the Greater New Orleans
17 Expressway Commission, and after making the allocation for the New Orleans Ferry
18 Fund pursuant to R.S. 48:25.2, the treasurer shall deposit into the Transportation
19 Trust Fund fifty percent of the remaining monies derived from the collection of
20 registration and license fees and taxes collected by the state pursuant to R.S. 47:462,
21 and as provided in R.S. 47:481, in the parishes of Jefferson, St. Charles, St. John the
22 Baptist, Tangipahoa, and St. Tammany.
23 B.(1) There is hereby created, as a special fund in the state treasury, the
24 Regional Maintenance and Improvement Fund, hereinafter referred to as the "fund".
25 Beginning July 1, 2019, and each fiscal year thereafter, after compliance with the
26 requirements of Article VII, Section 9(B) of the Constitution of Louisiana, after
27 making the allocation for state highway fund No. 2 for the Greater New Orleans
28 Expressway Commission, and after making the allocation for the New Orleans Ferry
29 Fund pursuant to R.S. 48:25.2, the treasurer shall deposit into the fund fifty percent
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1 of the remaining monies derived from the collection of registration and license fees
2 and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S.
3 47:481, in the parishes of Jefferson, St. Charles, St. John the Baptist, Tangipahoa,
4 and St. Tammany.
5 (2) The monies in the fund shall be subject to an annual appropriation by the
6 legislature and shall be used only as provided in Paragraph (3) of this Subsection.
7 The monies in the fund shall be invested by the treasurer in the same manner as the
8 monies in the state general fund, and all interest earned shall be deposited and
9 credited to the fund. All unexpended or unencumbered monies remaining in the fund
10 at the end of the fiscal year shall remain to the credit of the fund.
11 (3) Monies appropriated from the fund shall be used exclusively for
12 maintenance and improvements of state highways in the respective parishes. Monies
13 collected in the parish of Jefferson shall be appropriated to the Regional Planning
14 Commission and used for purposes pursuant to R.S. 48:1161.2(D). Monies collected
15 in the parishes of Tangipahoa and St. Tammany shall be appropriated to the Regional
16 Planning Commission. Monies collected in the parishes of St. Charles and St. John
17 the Baptist shall be appropriated to the South Central Planning and Development
18 Commission.
19 Section 5. This Act shall become effective upon signature by the governor or, if not
20signed by the governor, upon expiration of the time for bills to become law without signature
21by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
22vetoed by the governor and subsequently approved by the legislature, this Act shall become
23effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 286 Engrossed 2019 Regular Session Henry
Abstract: Re-establishes the New Orleans Ferry Fund for Orleans Parish and establishes
the Regional Maintenance and Improvement Fund for the parishes of Jefferson, St.
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Charles, St. John the Baptist, Tangipahoa, and St. Tammany; provides for the
transfer, deposits, and use, as specified, of certain special treasury funds.
Proposed law transfers 25% of the FY 2018 surplus ($77,013,301) to the Budget
Stabilization Fund.
Proposed law transfers $55,000,000 of state general fund from the FY 2018 surplus into the
Coastal Protection and Restoration Fund.
Proposed law transfers $500,000 of state general fund (direct) into the Fiscal Administrator
Revolving Loan Fund.
Proposed law transfers $2,000,000 of state general fund (direct) into the Utility and Carrier
Inspection and Supervision Fund.
Proposed law transfers $1,500,000 of state general fund (direct) into the Motor Fuels
Underground Storage Tank Trust Fund.
Proposed law transfers $5,000,000 of state general fund (direct) into the Higher Education
Initiatives Fund.
Present law provides for the credit of collected monies for fees and taxes provided for in the
vehicle registration license taxes to the Transportation Trust Fund, the State Highway
Improvement Fund, state highway fund No. 2, and the New Orleans Ferry Fund.
Proposed law retains present law and adds the Regional Maintenance and Improvement Fund
for disposition of the collections.
Proposed law re-establishes the New Orleans Ferry Fund which expired on July 1, 2018, and
requires the state treasurer, after making the allocation from state highway fund No. 2 for
the Greater New Orleans Expressway Commission, to deposit into the fund an amount equal
to the total of all funds derived from registration and license fees and taxes on trucks and
trailers which are collected in Orleans Parish, to DOTD for ferry services.
Present law provides for the allocation of monies from the State Highway Improvement
Fund, after the compliance with the requirements of Article VII, Section 9(B) for bonds, to
the state highway fund No. 2 and the New Orleans Ferry Fund.
Proposed law retains present law and adds the Regional Maintenance and Improvement Fund
for the allocation of monies.
Present law provides that after the compliance with the requirements of Article VII, Section
9(B) for bonds, and after the allocation of monies to the state highway fund No. 2, the
treasurer shall deposit 50% of all funds derived from the collection of registration and
licenses fees and taxes collected in the parishes of Orleans, Jefferson, St. John the Baptist,
St. Charles, Tangipahoa, and St. Tammany into the Transportation Trust Fund.
Proposed law sunsets present law on June 30, 2019. Proposed law begins July 1, 2019, and
provides that after the compliance with the requirements of Article VII, Section 9(B) for
bonds, after the allocation of monies to the state highway fund No. 2, and after the allocation
to the New Orleans Ferry Fund, the treasurer shall allocate 50% of the remaining monies
collected from the registration and license fees and taxes for the parishes of Jefferson, St.
Charles, St. John the Baptist, Tangipahoa, and St. Tammany to the Transportation Trust
Fund.
Proposed law further requires the creation of the Regional Maintenance and Improvement
Fund and places 50% of the remaining monies derived from the collection of the registration
and license fees and taxes for the parishes of Jefferson, St. Charles, St. John the Baptist,
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Tangipahoa, and St. Tammany. Proposed law provides that the monies in the fund shall be
annually appropriated by the legislature and invested by the treasurer. The proposed law
distributes the monies in the fund as follows:
(1)Monies collected for Jefferson Parish appropriated to the Regional Planning
Commission for purposes pursuant to R.S. 48:1161.2(D);
(2)Monies collected in the parishes of Tangipahoa and St. Tammany appropriated to the
Regional Planning Commission;
(3)Monies collected in the parishes of St. Charles and St. John the Baptist appropriated
to the South Central Planning and Development Commission.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 47:481 and R.S. 48:196(A)(introductory paragraph) and 197; Adds R.S.
48:25.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Provide for the transfer of $55,000,000 of state general fund (direct) from the FY
2018 surplus into the Coastal Restoration and Protection Authority Fund.
2. Provide for the transfer of $500,000 of state general fund (direct) into the Fiscal
Administrator Revolving Loan Fund.
3. Provide for the transfer of $2,000,000 of state general fund (direct) into the
Utility and Carrier Inspection and Supervision Fund.
4. Provide for the transfer of $1,500,000 of state general fund (direct) into the
Motor Fuels Underground Storage Tank Trust Fund.
5. Provide for the transfer of $5,000,000 of state general fund (direct) into the
Higher Education Initiatives Fund.
6. Re-establish the New Orleans Ferry Fund in Jefferson Parish.
7. Create the Regional Maintenance and Improvement Fund to collect vehicle
registration fees and taxes and an allocation from the State Highway
Improvement Fund.
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