SLS 19RS-60 ORIGINAL
2019 Regular Session
SENATE BILL NO. 181
BY SENATOR HEWITT AND REPRESENTATIVE EDMONDS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FUNDS/FUNDING. Provides relative to the classification, revision, dedication, or repeal
of certain funds in the state treasury. (7/1/19)
AN ACT
To amend and reenact R.S. 13:998(B) and (C), 1141(B), and 1414(B), R.S. 15:1224(A), (B),
and (C), R.S. 39:100.31(B), R.S. 47:120.71(B), R.S. 49:308.5(B)(3), (4), and (C)(1),
the introductory paragraph of 308.5(C)(3)(a), and (E), R.S. 56:279(C)(1) and (2) as
amended by Section 18 of Act No. 612 of the 2018 Regular Session of the
Legislature, Code of Criminal Procedure Art. 895.1(E) as amended by Section 1 of
Act No. 260 of the 2017 Regular Session of the Legislature and by Act No. 137 of
the 2018 Regular Session of the Legislature, Code of Criminal Procedure Art.
895.1(F)(2) as amended by Section 19 of Act No. 612 of the 2018 Regular Session
of the Legislature, and Sections 1 and 24 of Act No. 612 of the 2018 Regular Session
of the Legislature, and to repeal R.S. 24:653(N)(3) as amended by Section 8 of Act
No. 612 of the 2018 Regular Session of the Legislature, R.S. 39:100.26 and 100.41,
and R.S. 49:308.5(B) as amended by Section 16 of Act No. 612 of the 2018 Regular
Session of the Legislature, relative to certain funds in the state treasury and the
review of those funds; to provide for the reclassification of funds in the state
treasury; to provide for the elimination of certain treasury funds and the creation of
certain treasury accounts; to provide relative to monies deposited and credited into
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certain agency accounts in the state treasury; to provide for the classification and
consideration of certain monies as fees and self-generated revenues; to provide
relative to the investment of monies in certain treasury funds and accounts; to
provide relative to the plan of review of certain special funds and dedications; to
provide for the review of certain special funds and dedications in the state treasury,
including those containing fees and self-generated revenues, by the Dedicated Fund
Review Subcommittee of the Joint Legislative Committee on the Budget; to provide
for meetings of the subcommittee; to provide for effective dates; and to provide for
related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. Sections 1 and 24 of Act No. 612 of the 2018 Regular Session of the
Legislature is hereby amended and reenacted to read as follows:
Section 1. The conversion of certain dedicated funds to special agency
accounts in the state treasury contained herein, shall cause the special agency
accounts to be classified as fees and self-generated revenues to be used only for the
purposes of identifying the means of finance in the executive budget. The conversion
of certain dedicated funds to special agency accounts shall not change the purpose
for which the monies were dedicated unless the use of the monies is specifically
amended herein. Unless specifically provided for in the statute establishing the
agency account, all funds transferred to agency accounts shall not revert to the state
general fund at the end of the fiscal year. Unless specifically provided otherwise
in the statute establishing the agency account, the monies in the accounts shall
be invested by the treasurer in the same manner as the state general fund, and
interest earnings shall be deposited into the accounts following compliance with
the requirements of Article VII, Section 9(B) of the Louisiana Constitution
relative to the Bond Security and Redemption Fund, and shall not revert to the
state general fund. The revenues in the accounts shall remain in the accounts. All
monies in the accounts shall require an appropriation to be withdrawn from the
account. No funds shall be transferred in or out of an account without an annual
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appropriation or favorable action of the Joint Legislative Committee on the Budget
through a budget adjustment for the statutory purpose of those revenues.
* * *
Section 24. The state treasurer is hereby authorized and directed to transfer
any unencumbered balances remaining in the funds repealed and abolished in
Sections 1 through 14 23 of this Act to the state general fund after satisfying the
appropriations for Fiscal Year 2019-2020.
* * *
Section 2. The conversion of certain dedicated funds to special agency accounts in
the state treasury contained herein, shall cause the special agency accounts to be classified
as fees and self–generated revenues to be used only for the purposes of identifying the means
of finance in the executive budget. The conversion of certain dedicated funds to special
agency accounts shall not change the purpose for which the monies were dedicated unless
the use of the monies is specifically amended herein. Unless specifically provided for in the
statute establishing the agency accounts, all funds transferred to agency accounts shall not
revert to the state general fund at the end of the fiscal year. Unless specifically provided
otherwise in the statute establishing the agency account, the monies in the accounts shall be
invested by the treasurer in the same manner as the state general fund, and interest earnings
shall be deposited into the account following compliance with the requirements of Article
VII, Section 9(B) of the Louisiana Constitution relative to the Bond Security and
Redemption Fund, and shall not revert to the state general fund. The revenues in the
accounts shall remain in the accounts. All monies in the account shall require an
appropriation to be withdrawn from the account. No funds shall be transferred in or out of
an account without an annual appropriation or favorable action of the Joint Legislative
Committee on the Budget through a budget adjustment for the statutory purpose of those
revenues.
Section 3. R.S. 13:998(B) and (C), 1141(B), and 1414(B) are hereby amended and
reenacted to read as follows:
§998. Nonrefundable fee; assessment and disposition
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* * *
B. The clerks of the respective district courts, within thirty days of the close
of each fiscal year, shall remit all funds collected pursuant to this Section to be
deposited in the state treasurer's account for credit to a special fund agency account
after meeting the requirements of Article VII, Section 9 of the Constitution of
Louisiana. The monies in this fund account shall be invested by the state treasurer
in the same manner as monies in the state general fund, and interest earned on the
investment of these monies shall be credited to the fund account following
compliance with the requirement of Article VII, Section 9(B) relative to the Bond
Security and Redemption Fund. Disbursement of funds shall be made by the office
of children and family services in the Department of Children and Family Services,
or its successor, in accordance with Paragraph (E)(2) of this Section and only in
amounts appropriated by the legislature. Funding deposited into this account shall
be considered fees and self-generated revenues and shall be available for annual
appropriations by the legislature.
C. The monies appropriated by the legislature and disbursed from this special
fund account shall not displace, replace, or supplant appropriations from the general
fund. This Paragraph shall mean that no appropriation for any fiscal year from the
special account shall be made for any purpose for which a general fund appropriation
was made in the previous year unless the total appropriations for that fiscal year from
the state general fund for such purpose exceed general fund appropriations for the
previous year.
* * *
§1141. Domestic Relations Section; nonrefundable fee; assessment and disposition
* * *
B. The clerk of the civil district court, within thirty days of the close of each
fiscal year, shall remit all costs collected pursuant to this Section to be deposited in
the state treasurer's account for credit to a special fund agency account after meeting
the requirements of Article VII, Section 9 of the Constitution of Louisiana. The
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monies in this fund account shall be invested by the state treasurer in the same
manner as monies in the state general fund, and interest earned on the investment of
these monies shall be credited to the fund account following compliance with the
requirement of Article VII, Section 9(B) relative to the Bond Security and
Redemption Fund. Disbursement of funds shall be made by the office of children and
family services in the Department of Children and Family Services, or its successor,
in accordance with Paragraph E(2) of this Section and only in amounts appropriated
by the legislature. Funding deposited into this account shall be considered fees
and self-generated revenues and shall be available for annual appropriations by
the legislature.
* * *
§1414. Nonrefundable fee; assessment and disposition
* * *
B. The clerk of the 19th Judicial District Court, within thirty days of the close
of each fiscal year, shall remit all costs collected pursuant to this Section to be
deposited in the state treasurer's account for credit to a special fund agency account
after meeting the requirements of Article VII, Section 9 of the Constitution of
Louisiana. The monies in this fund account shall be invested by the state treasurer
in the same manner as monies in the state general fund, and interest earned on the
investment of these monies shall be credited to the fund account following
compliance with the requirement of Article VII, Section 9(B) relative to the Bond
Security and Redemption Fund. Disbursement of funds shall be made by the office
of children and family services in the Department of Children and Family Services,
or its successor, in accordance with Paragraph (E)(2) of this Section and only in
amounts appropriated by the legislature. Funding deposited into this account shall
be considered fees and self-generated revenues and shall be available for annual
appropriations by the legislature.
* * *
Section 4. R.S. 15:1224 (A), (B), and (C) are hereby amended and reenacted to read
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as follows:
§1224. Drug Abuse Education and Treatment Fund Account; creation; purpose
A. The Drug Abuse Education and Treatment Fund Account, hereafter
referred to as the "fund account", is hereby created as a special fund agency account
in the state treasury, which shall be the depository for all fees collected under the
provisions of C.Cr.P. Art. 895.1(E).
B. After compliance with the requirements of Article VII, Section 9(B) of
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
and prior to monies being placed in the state general fund, an amount equal to that
deposited as required by Subsection A hereof shall be credited to the fund account.
The monies in the fund account shall be used solely as provided by Subsection C of
this Section and only in the amounts appropriated by the legislature. The monies in
this fund account shall be invested by the state treasurer in the same manner as
monies in the state general fund, and interest earned on the investment of these
monies shall be credited to the fund account, again following compliance with the
requirement of Article VII, Section 9(B) relative to the Bond Security and
Redemption Fund. Funding deposited into the account shall be considered fees
and self-generated revenues and shall be available for annual appropriation by
the legislature.
C. The monies available in the fund account shall be used exclusively by the
Louisiana Commission on Law Enforcement to administer a grant program to assist
local public and private nonprofit agencies involved in drug abuse prevention and
treatment in developing drug abuse and treatment programs. In addition, the
commission shall allocate from the fund account such monies as are necessary in
administering this grant program.
* * *
Section 5. R.S. 39:100.31(B) is hereby amended and reenacted to read as follows:
§100.31. State Emergency Response Fund
* * *
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B. Monies in the fund shall be appropriated and used to provide a source of
funds to pay expenses incurred as a result of activities associated with the
preparation for and response to an emergency or declared disaster. The expenditure
for such a purpose from another source may be eligible to be repaid from the fund
if the using agency has certified the necessity of such action to the commissioner of
administration. Monies in the fund may also be utilized to provide bridge funding in
anticipation of reimbursements from the federal government or other source. Any
reimbursement received for expenses paid from the fund shall be returned to and
deposited into the fund. Transfers of monies from the fund may be made from one
agency to another prior to obtaining approval by the Joint Legislative Committee on
the Budget in the event of an emergency and if certified by the commissioner of
administration to the governor that any delay in the expenditure of such monies
would be detrimental to the welfare and safety of the state and its citizens. The Joint
Legislative Committee on the Budget shall be notified in writing of such declaration
and shall meet to consider such action, but if it is found by the committee that such
funds were not needed for an emergency expenditure, such approval may be
withdrawn and any balance remaining shall not be expended. Monies in the fund
may also be transferred to the FEMA Reimbursement Fund by the commissioner of
administration with the approval of the Joint Legislative Committee on the Budget.
* * *
Section 6. R.S. 47:120.71(B) is hereby amended and reenacted to read as follows:
§120.71. Income tax checkoff; donation for Louisiana Pet Overpopulation Advisory
Council; creation; use of monies
* * *
B. Upon receipt of any taxpayer's current-year income tax return upon which
the designation of a donation has been made, the secretary shall, after having
deducted the donation from the amount to be refunded, remit the donation for
deposit, as provided in R.S. 3:2364(E), directly into the Louisiana Animal Welfare
Fund Escrow Account within the state treasury no more than one hundred twenty
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days from the due date of the return.
Section 7. R.S. 49:308.5(B)(3) and (4), (C)(1), the introductory paragraph of
308.5(C)(3)(a), and (E) are hereby amended and reenacted to read as follows:
§308.5. Legislative review and recommendation on special funds and dedication of
money
* * *
B.(1) * * *
(3)(a) No Beginning July 1, 2019, and no later than October 1, 2017, and
every two years thereafter, 2019, the division of administration shall submit a plan
of all special funds and dedications that contain fees and self-generated revenues
of the special dedicated funds in law as of the date of the submission of the plan
to the Joint Legislative Committee on the Budget that specifies at least fifty percent
of the special dedicated funds in law as of the date of the submission of the plan. The
Joint Legislative Committee on the Budget shall review the plan and may add special
funds to the plan submitted by the division of administration prior to approval by the
committee. The Dedicated Fund Review Subcommittee of the Joint Legislative
Committee on the Budget, hereinafter referred to as "the subcommittee", shall
meet and review each dedicated fund that contains fees and self-generated
revenues prior to the 2020 Regular Session of the Legislature.
(b) Beginning July 1, 2020, and every year thereafter, the division of
administration shall submit a plan of special funds and dedications to the Joint
Legislative Committee on the Budget that specifies at least fifty percent of the
special dedicated funds in law as of the date of the submission of the plan.
(c) The Joint Legislative Committee on the Budget shall review each
submitted plan and may add special funds to the plans submitted by the division
of administration prior to approval by the committee.
(d) The Joint Legislative Committee on the Budget shall ensure that after two
consecutive plans have been approved, all special funds established by law date of
the submission of the second consecutive plan will have been on the, including
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statutory dedications which contain fees and self-generated revenues, will have
been approved in a plan at least once in the previous four years.
(4) Once the plan for review of special funds is approved by the Joint
Legislative Committee on the Budget, the Dedicated Fund Review Subcommittee of
the Joint Legislative Committee on the Budget, hereinafter referred to as " the
subcommittee", shall conduct a review of the special funds and dedications specified
in each such plan, resulting in a recommendation for each specified fund in the plan.
The subcommittee shall meet only on a day in which the Joint Legislative Committee
on the Budget is scheduled to convene. The subcommittee shall meet at least once
every two years and may hold other meetings upon the call of the chairperson
or majority of the members.
C.(1) No later than fifteen days after the approval of the plan by the Joint
Legislative Committee on the Budget, the subcommittee shall cause to be posted on
the website of the Louisiana Legislature, notification of a hearing schedule which
shall include a date for presentation and discussion of each specified special fund in
the approved plan. Additionally, the Joint Legislative Committee on the Budget shall
notify the commissioner of administration and the treasurer of the hearing schedule.
The commissioner of administration shall notify any agency or entity receiving an
appropriation from a special fund specified in the plan in the previous five fiscal
years of the hearing schedule.
* * *
(3)(a) No later than thirty days after the approval of the plan, the head of each
agency or entity receiving an appropriation or allocation from the a special dedicated
fund within the previous five years included in the plan shall submit to the
subcommittee the following:
* * *
E. No later than February 15, 2018, and every two years thereafter, the The
Joint Legislative Committee on the Budget shall report the findings and
recommendations of each biennial review to the presiding officer of each house of
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the legislature for electronic distribution to each member of the legislature, the
governor, the treasurer, and the commissioner of administration.
Section 8. R.S. 56:279(C)(1) and (2) as amended by Section 18 of Act No. 612 of
the 2018 Regular Session of the Legislature is hereby amended and reenacted to read as
follows:
§279. Louisiana Alligator Resource Account
* * *
C.(1) Except as otherwise provided by law, all revenues received by the state
from the sale of licenses as provided in R.S. 56:251(A)(2), from tag fees imposed on
alligator hunters, alligator farmers, alligator shipping label fees on the sale of
alligators, all revenues derived from the sale of alligators, alligator skins, or alligator
eggs harvested from department-administered lands, all fees derived from alligator
lottery harvest programs on department-administered lands and public waters, and
all revenues derived from any other alligator-related fees and from the severance tax
on alligator skins provided for in R.S. 56:256 shall be credited by the state treasurer
to a special account designated as the "Louisiana Alligator Resource Account" after
those revenues have been deposited in the Bond Security and Redemption Fund. Out
of the funds remaining in the Bond Security and Redemption Fund after a sufficient
amount is allocated from that fund to pay all obligations secured by the full faith and
credit of the state that become due and payable within each fiscal year, the treasurer
shall classify and consider as fees and self-generated revenues available for
appropriation as recognized by the Revenue Estimating Conference, and, prior to
placing such funds in the state general fund, shall pay into the Louisiana Alligator
Resource Account, a special agency account to be retained for future appropriation
as provided in this Subpart, an amount equal to the revenues generated from
collection from those sources provided for in this Section and other sources as
provided by law. Funding deposited into this account shall be considered fees
and self-generated revenues and shall be available for annual appropriations by
the legislature.
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(2) The state treasurer shall invest the monies in this fund in the same
manner as monies in the state general fund. Any surplus monies remaining to the
credit of the account, after all appropriations of the preceding fiscal year have been
made, shall remain to the credit of the account. The state treasurer shall prepare and
submit to the department on a quarterly basis a printed report showing the amount
of money contained in the account from all sources. Any amounts earned through
investment of the monies in the account shall remain to the credit of the account
and shall not revert to the state general fund.
* * *
Section 9. Code of Criminal Procedure Article 895.1(E) as amended by Section 1
of Act No. 260 of the 2017 Regular Session of the Legislature and as amended by Act No.
137 of the 2018 Regular Session of the Legislature is amended and reenacted to read as
follows:
Art. 895.1. Probation; restitution; judgment for restitution; fees
* * *
E. When the court places any defendant convicted of a violation of the
Uniform Controlled Dangerous Substances Law, R.S. 40:966 through 1034, on any
type of probation, it shall order as a condition of probation a fee of not less than fifty
nor more than one hundred dollars, payable to the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice to be credited to the Drug
Abuse Education and Treatment Fund Account and used for the purposes provided
in R.S. 15:1224.
* * *
Section 10. Code of Criminal Procedure Article 895.1(F)(2) as amended by Section
19 of Act No. 612 of the 2018 Regular Session of the Legislature is hereby amended and
reenacted to read as follows:
Art. 895.1. Probation; restitution; judgment for restitution; fees
* * *
F. When the court places the defendant on supervised probation, it shall order
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as a condition of probation the payment of a monthly fee of eleven dollars. The
monthly fee established in this Paragraph shall be in addition to the fee established
in Paragraph C of this Article and shall be collected by the Department of Public
Safety and Corrections and shall be transmitted, deposited, appropriated, and used
in accordance with the following provisions:
* * *
(2) After compliance with the requirements of Article VII, Section 9(B) of
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
and prior to monies being placed in the state general fund, the treasurer shall classify
and consider as fees and self-generated revenues available for appropriation as
recognized by the Revenue Estimating Conference, credit an amount equal to that
deposited as required by Subparagraph (1) of this Paragraph shall be credited to a
special agency account to be retained for future appropriation as provided in this
Article which is hereby created in the state treasury to be known as the "Sex
Offender Registry Technology Account". The monies in this account shall be used
solely as provided in Subparagraph (3) of this Paragraph and only in the amounts
appropriated by the legislature. Funding deposited into this account shall be
considered fees and self-generated revenues and shall be available for annual
appropriations by the legislature.
* * *
Section 11. The provisions of R.S. 24:653(N)(3), as amended by Section 18 of Act
No. 612 of the Regular Session of the Legislature, and R.S. 49:308.5(B) as amended by
Section 16 of Act No. 612 of the Regular Session of the Legislature are hereby repealed in
their entirety.
Section 12. The provisions of R.S. 39:100.26 and 100.41 are hereby repealed in their
entirety.
Section 13. The state treasurer is hereby authorized and directed to transfer any
unencumbered balances remaining in the funds repealed and abolished in Sections 1 through
12 of this Act to the state general fund after satisfying the appropriations for Fiscal Year
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2019-2020.
Section 14. The provisions of this Section and Sections 7 and 12 shall become
effective on July 1, 2019; if vetoed by the governor and subsequently approved by the
legislature, this Section and Sections 7 and 12 shall become effective on July 1, 2019. The
provisions of Sections 1 through 6, 8 through 11, and 13 of this Act shall become effective
on July 1, 2020. If vetoed by the governor and subsequently approved by the legislature,
Sections 1 through 6, 8 through 11, and 13 of this Act shall become effective on July 1,
2020.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
SB 181 Original 2019 Regular Session Hewitt
Proposed law abolishes certain funds in the state treasury, as follows:
DEDICATED FUNDS ELIMINATED BY PROPOSED LAW
FEMA Reimbursement Fund R.S. 39:100.26
Louisiana Interoperability Communications Fund R.S. 39:100.41
Proposed law amends certain funds from being dedicated funds in the state treasury to being
dedicated agency accounts in the state treasury, as follows:
DEDICATED FUNDS AMENDED FROM FUNDS TO ACCOUNTS
Battered Women's Shelter Fund R.S. 13:998(B) and (C),
1141(B), and 1414(B)
Drug Abuse Education and Treatment Fund R.S. 15:1224(A), (B), and (C);
CCRP 895.1 as amended by
Act 260 of 2017 R.S. and Act
137 of 2018 R.S.
Proposed law amends present law to clarify that unless specifically provided otherwise in
the statute establishing the agency account, the monies in the accounts shall be invested by
the treasurer in the same manner as the state general fund, and interest earnings shall be
deposited into the account following compliance with the requirements the Bond Security
and Redemption Fund, and shall not be deposited into the general fund.
Proposed law changes the Louisiana Animal Welfare Fund to an escrow fund. Proposed law
also corrects cross-references to funds and accounts revised in proposed law and makes
technical corrections, which funds are listed below.
DEDICATED FUNDS OR ACCOUNTS
OTHERWISE AMENDED BY PROPOSED LAW
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Louisiana Alligator Resource Account R.S. 56:279(C)(1) as amended
by Act 612 of the 2018 R.S.
Louisiana Animal Welfare Fund R.S. 47:120.71
State Emergency Response Fund R.S. 39:100.3(B)
Sex Offender Registry Technology Account CCRP 895.1(E) as amended
by Act 612 of the 2018 R.S.
Present law provides relative to the plan of review of certain treasury funds by the Dedicated
Fund Review Subcommittee (subcommittee) of the Joint Legislative Committee on the
Budget (JLCB). Present law provides that no later than October 1, 2017, and every two years
thereafter, the division of administration shall submit a plan of special funds and dedications
to the subcommittee. Further provides that no later than September 1, 2017, and every two
years thereafter, the JLCB shall provide for the subcommittee.
Proposed law revises present law to provide that beginning July 1, 2019, and no later than
October 1, 2019, the division of administration shall submit a plan of special funds and
dedications that contain fees and self-generated revenues to the JLCB. The subcommittee
shall meet and review each dedicated fund that contains fees and self-generated revenues
prior to the 2020 R.S.
Proposed law provides that beginning July 1, 2020, and every year thereafter, the division
of administration shall submit a plan of special funds and dedications to the JLCB that
specifies at least 50% of the special dedicated funds in law as of the date of the submission
of the plan.
Proposed law removes references to September 1, 2017, and October 1, 2017.
Present law provides that the JLCB shall ensure that all special funds established by law on
the date of the submission of the second consecutive plan will have been approved in a plan
at least once in the previous four years.
Proposed law provides that the JLCB shall ensure that all special funds established by law,
including statutory dedications which contain fees and self-generated revenues, will have
been approved in a plan at least once in the previous four years.
Proposed law provides that the subcommittee shall meet at least once every two years and
may hold other meetings upon the call of the chairperson or majority of the members.
Effective July 1, 2019.
(Amends R.S. 13:998(B) and (C), 1141(B), and 1414(B); R.S. 15:1224(A), (B), and (C);
R.S. 39:100.31(B); R.S. 47:120.71(B); R.S. 49:308.5(B)(3) and (4), (C)(1), (C)(3)(a)(intro
para), and (E); R.S. 56:279(C)(1) and (2) both as amended by Acts 2018, No. 612, §8;
C.Cr.P. Art. 895.1(E) as amended by Acts 2017, No. 260, §1 and Acts 2018, No. 137;
C.Cr.P. Art. 895.1(F)(2) as amended by Acts 2018, No. 612, §19; Sections 1 and 24 of Acts
2018, No. 612, §8; repeals R.S. 24:653(N)(3) as amended by Acts 2018, No. 612, §18; R.S.
39:100.26 and 100.41, R.S. 49:308.5(B) as amended by Acts 2018, No. 612, §16)
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