2019 Regular Session ENROLLED
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.
1 AN ACT
2 To amend and reenact R.S. 13:998(B) and (C), 1141(B), and 1414(B), R.S. 15:1224(A), (B),
3 and (C), R.S. 17:1519.6(A), R.S. 23:1514(D)(5) as amended by Section 7 of Act No.
4 612 of the 2018 Regular Session of the Legislature, R.S. 39:100.31(B) and 1357,
5 R.S. 47:120.71(B), R.S. 47:318(D) as amended by Section 15 of Act No. 612 of the
6 2018 Regular Session of the Legislature, R.S. 49:308.5(B)(3) and (4) and (C)(1), the
7 introductory paragraph of (C)(3)(a), and (E), R.S. 51:2315(A) as amended by Section
8 17 of Act No. 612 of the 2018 Regular Session of the Legislature, R.S. 56:279(C)(1)
9 and (2) as amended by Section 18 of Act No. 612 of the 2018 Regular Session of the
10 Legislature, Code of Criminal Procedure Art. 895.1(E) as amended by Section 1 of
11 Act No. 260 of the 2017 Regular Session of the Legislature and by Act No. 137 of
12 the 2018 Regular Session of the Legislature, Code of Criminal Procedure Art.
13 895.1(F)(2) as amended by Section 19 of Act No. 612 of the 2018 Regular Session
14 of the Legislature, and Sections 1 and 24 of Act No. 612 of the 2018 Regular Session
15 of the Legislature, and to repeal R.S. 24:653(N)(3) as amended by Section 8 of Act
16 No. 612 of the 2018 Regular Session of the Legislature, R.S. 39:100.26 and 100.41,
17 and R.S. 49:308.5(B) as amended by Section 16 of Act No. 612 of the 2018 Regular
18 Session of the Legislature, relative to certain funds in the state treasury and the
19 review of those funds; to provide for the reclassification of funds in the state
20 treasury; to provide for the elimination of certain treasury funds and the creation of
21 certain statutorily dedicated fund accounts containing fees and self-generated
22 revenues; to provide relative to monies deposited and credited into certain statutorily
23 dedicated fund accounts in the state treasury; to provide that statutorily dedicated
ACT No. 404
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1 fund accounts shall be presented as a distinct means of finance in the executive
2 budget; to provide relative to the investment of monies in certain treasury funds and
3 statutorily dedicated fund accounts; to provide relative to the plan of review of
4 certain special funds, dedications, and statutorily dedicated fund accounts; to provide
5 for the review of certain special funds and dedications in the state treasury, including
6 those containing fees and self-generated revenues, by the Dedicated Fund Review
7 Subcommittee of the Joint Legislative Committee on the Budget; to provide for
8 meetings of the subcommittee; to provide for effective dates; and to provide for
9 related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. Sections 1 and 24 of Act No. 612 of the 2018 Regular Session of the
12 Legislature is hereby amended and reenacted to read as follows:
13 Section 1. The conversion of certain dedicated funds to special agency
14 special statutorily dedicated fund accounts in the state treasury contained herein,
15 shall cause the special statutorily dedicated fund agency accounts to be classified
16 as fees and self-generated revenues to be used only for the purposes of identifying
17 the accounts containing fees and self-generated revenues, hereinafter referred
18 to as special agency accounts or accounts, means of finance in the executive
19 budget shall be categorized as fees and self-generated revenue for the sole
20 purpose of reporting related to the executive budget, supporting documents,
21 and general appropriations bills. The conversion of certain dedicated funds to
22 special agency accounts shall not change the purpose for which the monies were
23 dedicated unless the use of the monies is specifically amended herein. Unless
24 specifically provided for in the statute establishing the agency account, all funds
25 transferred to agency accounts shall not revert to the state general fund at the end of
26 the fiscal year. Unless specifically provided otherwise in the statute establishing
27 the agency account, the monies in the accounts shall be invested by the treasurer
28 in the same manner as the state general fund, and interest earnings shall be
29 deposited into the accounts following compliance with the requirements of
30 Article VII, Section 9(B) of the Louisiana Constitution relative to the Bond
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1 Security and Redemption Fund, and shall not revert to the state general fund.
2 The revenues in the accounts shall remain in the accounts. All monies in the accounts
3 shall require an appropriation to be withdrawn from the account. No funds shall be
4 transferred in or out of an account without an annual appropriation or favorable
5 action of the Joint Legislative Committee on the Budget through a budget adjustment
6 for the statutory purpose of those revenues.
7 * * *
8 Section 24. The state treasurer is hereby authorized and directed to transfer
9 any unencumbered balances remaining in the funds repealed and abolished in
10 Sections 1 through 14 23 of this Act to the state general fund after satisfying the
11 appropriations for Fiscal Year 2019-2020. This Section shall not apply to any fund
12 converted to a statutorily dedicated fund account or escrow account in this Act.
13 * * *
14 Section 2. The conversion of certain dedicated funds to special statutorily
15 dedicated fund accounts containing fees and self-generated revenues, hereinafter
16 referred to as agency accounts or accounts, in the state treasury contained herein, shall
17 cause the special agency accounts to be categorized as fees and self-generated revenue
18 for the sole purpose of reporting related to the executive budget, supporting
19 documents, and general appropriations bills. The conversion of certain dedicated
20 funds to special agency accounts shall not change the purpose for which the monies
21 were dedicated unless the use of the monies is specifically amended herein. Unless
22 specifically provided for in the statute establishing the agency accounts, all funds
23 transferred to agency accounts shall not revert to the state general fund at the end of
24 the fiscal year. Unless specifically provided otherwise in the statute establishing the
25 agency account, the monies in the accounts shall be invested by the treasurer in the
26 same manner as the state general fund, and interest earnings shall be deposited into the
27 account following compliance with the requirements of Article VII, Section 9(B) of the
28 Louisiana Constitution relative to the Bond Security and Redemption Fund, and shall
29 not revert to the state general fund. The revenues in the accounts shall remain in the
30 accounts. All monies in the account shall require an appropriation to be withdrawn
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1 from the account. No funds shall be transferred in or out of an account without an
2 annual appropriation or favorable action of the Joint Legislative Committee on the
3 Budget through a budget adjustment for the statutory purpose of those revenues.
4 Section 3. R.S. 13:998(B) and (C), 1141(B), and 1414(B) are hereby amended and
5 reenacted to read as follows:
6 §998. Nonrefundable fee; assessment and disposition
7 * * *
8 B. The clerks of the respective district courts, within thirty days of the close
9 of each fiscal year, shall remit all funds collected pursuant to this Section to be
10 deposited in the state treasurer's account for credit to a special fund statutorily
11 dedicated fund account after meeting the requirements of Article VII, Section 9 of
12 the Constitution of Louisiana. The monies in this fund account shall be invested by
13 the state treasurer in the same manner as monies in the state general fund, and
14 interest earned on the investment of these monies shall be credited to the fund
15 account following compliance with the requirement of Article VII, Section 9(B)
16 relative to the Bond Security and Redemption Fund. Disbursement of funds shall be
17 made by the office of children and family services in the Department of Children and
18 Family Services, or its successor, in accordance with Paragraph (E)(2) of this Section
19 and only in amounts appropriated by the legislature. Monies deposited into this
20 account shall be categorized as fees and self-generated revenue for the sole
21 purpose of reporting related to the executive budget, supporting documents,
22 and general appropriations bills and shall be available for annual
23 appropriations by the legislature.
24 C. The monies appropriated by the legislature and disbursed from this special
25 fund account shall not displace, replace, or supplant appropriations from the general
26 fund. This Paragraph shall mean that no appropriation for any fiscal year from the
27 special account shall be made for any purpose for which a general fund appropriation
28 was made in the previous year unless the total appropriations for that fiscal year from
29 the state general fund for such purpose exceed general fund appropriations for the
30 previous year.
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1 * * *
2 §1141. Domestic Relations Section; nonrefundable fee; assessment and disposition
3 * * *
4 B. The clerk of the civil district court, within thirty days of the close of each
5 fiscal year, shall remit all costs collected pursuant to this Section to be deposited in
6 the state treasurer's account for credit to a special statutorily dedicated fund
7 account after meeting the requirements of Article VII, Section 9 of the Constitution
8 of Louisiana. The monies in this fund account shall be invested by the state treasurer
9 in the same manner as monies in the state general fund, and interest earned on the
10 investment of these monies shall be credited to the fund account following
11 compliance with the requirement of Article VII, Section 9(B) relative to the Bond
12 Security and Redemption Fund. Disbursement of funds shall be made by the office
13 of children and family services in the Department of Children and Family Services,
14 or its successor, in accordance with Paragraph E(E)(2) of this Section and only in
15 amounts appropriated by the legislature. Monies deposited into this account shall
16 be categorized as fees and self-generated revenue for the sole purpose of
17 reporting related to the executive budget, supporting documents, and general
18 appropriations bills and shall be available for annual appropriation by the
19 legislature.
20 * * *
21 §1414. Nonrefundable fee; assessment and disposition
22 * * *
23 B. The clerk of the 19th Judicial District Court, within thirty days of the close
24 of each fiscal year, shall remit all costs collected pursuant to this Section to be
25 deposited in the state treasurer's account for credit to a special statutorily dedicated
26 fund account after meeting the requirements of Article VII, Section 9 of the
27 Constitution of Louisiana. The monies in this fund account shall be invested by the
28 state treasurer in the same manner as monies in the state general fund, and interest
29 earned on the investment of these monies shall be credited to the fund account
30 following compliance with the requirement of Article VII, Section 9(B) relative to
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1 the Bond Security and Redemption Fund. Disbursement of funds shall be made by
2 the office of children and family services in the Department of Children and Family
3 Services, or its successor, in accordance with Paragraph (E)(2) of this Section and
4 only in amounts appropriated by the legislature. Monies deposited into this account
5 shall be categorized as fees and self-generated revenue for the sole purpose of
6 reporting related to the executive budget, supporting documents, and general
7 appropriations bills and shall be available for annual appropriations by the
8 legislature.
9 * * *
10 Section 4. R.S. 15:1224 (A), (B), and (C) are hereby amended and reenacted to read
11 as follows:
12 §1224. Drug Abuse Education and Treatment Dedicated Fund Account; creation;
13 purpose
14 A. The Drug Abuse Education and Treatment Dedicated Fund Account,
15 hereafter referred to as the "fund account", is hereby created as a special statutorily
16 dedicated fund account in the state treasury, which shall be the depository for all
17 fees collected under the provisions of C.Cr.P. Art. 895.1(E).
18 B. 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, an amount equal to that
21 deposited as required by Subsection A hereof of this Section shall be credited to the
22 fund account. The monies in the fund account shall be used solely as provided by
23 Subsection C of this Section and only in the amounts appropriated by the legislature.
24 The monies in this fund account shall be invested by the state treasurer in the same
25 manner as monies in the state general fund, and interest earned on the investment of
26 these monies shall be credited to the fund account, again following compliance with
27 the requirement of Article VII, Section 9(B) relative to the Bond Security and
28 Redemption Fund. Monies deposited into the account shall be categorized as fees
29 and self-generated revenue for the sole purpose of reporting related to the
30 executive budget, supporting documents, and general appropriations bills and
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1 shall be available for annual appropriation by the legislature.
2 C. The monies available in the fund account shall be used exclusively by the
3 Louisiana Commission on Law Enforcement to administer a grant program to assist
4 local public and private nonprofit agencies involved in drug abuse prevention and
5 treatment in developing drug abuse and treatment programs. In addition, the
6 commission shall allocate from the fund account such monies as are necessary in
7 administering this grant program.
8 * * *
9 Section 5. R.S. 17:1519.6(A) is hereby amended and reenacted to read as follows:
10 §1519.6. Funding and budget
11 A. The health care services division shall be an organizational unit within the
12 LSU HSC-NO and shall be budgeted as a single appropriation separate and distinct
13 from the appropriation or budget for any other institution or school under the
14 supervision and management of the board. The appropriation for the health care
15 services division shall only indicate the amount of state general fund dollars
16 appropriated to this schedule and shall exclude state general funds for Medicaid and
17 Medicaid-Uncompensated Care. All other funds generated by hospital operations
18 shall be deposited directly into the Health Care Services Fund without appropriation.
19 Funds from other institutions, schools, or divisions under the management of the
20 board shall not be used to offset any deficit which may occur within the health care
21 services division, and, conversely, funds from the health care services division shall
22 not be used to offset any deficit which may occur within other institutions, schools,
23 or divisions under the management of the board.
24 * * *
25 Section 6. R.S. 23:1514(D)(5) as amended by Section 7 of Act No. 612 of the 2018
26 Regular Session is hereby amended and reenacted to read as follows:
27 §1514. Worker training fund; purpose; training programs; eligibility criteria;
28 program administration
29 * * *
30 D.(1) * * *
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1 (5) The administrator may annually set aside an amount up to ten percent of
2 the amount appropriated to the fund by the state legislature for preemployment
3 training in any year in which the legislature appropriates funds for training equal to
4 or exceeding those funds appropriated in the previous year to the Rapid Response
5 Fund created by R.S. 51:2361 or to the Louisiana Economic Development Fund
6 created by R.S. 51:2315 to be used exclusively for the Louisiana FastStart Program
7 Louisiana Economic Development - Debt Service and State Commitments. All
8 preemployment training shall require an employer matching contribution of not more
9 than fifty percent, and job placement outcomes at wage rates commensurate with
10 training, as determined by the administrator pursuant to duly promulgated rules and
11 regulations.
12 Section 7. R.S. 39:100.31(B) is hereby amended and reenacted to read as follows:
13 §100.31. State Emergency Response Fund
14 * * *
15 B. Monies in the fund shall be appropriated and used to provide a source of
16 funds to pay expenses incurred as a result of activities associated with the
17 preparation for and response to an emergency or declared disaster. The expenditure
18 for such a purpose from another source may be eligible to be repaid from the fund
19 if the using agency has certified the necessity of such action to the commissioner of
20 administration. Monies in the fund may also be utilized to provide bridge funding in
21 anticipation of reimbursements from the federal government or other source. Any
22 reimbursement received for expenses paid from the fund shall be returned to and
23 deposited into the fund. Transfers of monies from the fund may be made from one
24 agency to another prior to obtaining approval by the Joint Legislative Committee on
25 the Budget in the event of an emergency and if certified by the commissioner of
26 administration to the governor that any delay in the expenditure of such monies
27 would be detrimental to the welfare and safety of the state and its citizens. The Joint
28 Legislative Committee on the Budget shall be notified in writing of such declaration
29 and shall meet to consider such action, but if it is found by the committee that such
30 funds were not needed for an emergency expenditure, such approval may be
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1 withdrawn and any balance remaining shall not be expended. Monies in the fund
2 may also be transferred to the FEMA Reimbursement Fund by the commissioner of
3 administration with the approval of the Joint Legislative Committee on the Budget.
4 * * *
5 Section 8.(A) R.S. 39:1357 is hereby amended and reenacted to read as follows:
6 §1357. Fiscal Administrator Revolving Loan Fund
7 A. There is hereby established a revolving fund in the state treasury to be
8 known as the "Fiscal Administrator Revolving Loan Fund", hereinafter referred to
9 as the "fund", which shall be maintained and operated by the Department of the
10 Treasury. The source of monies deposited in and credited to the fund shall be all
11 grants, gifts, and donations received by the state for the purpose of funding fiscal
12 administrators; any money appropriated by the legislature to the fund; the repayment
13 of principal of and interest on loans and other obligations made to political
14 subdivisions financed from the fund; and other revenues as may be provided by law.
15 B. Money in the fund shall be invested by the state treasurer in the same
16 manner as money in the state general fund. Interest earned on the investment of the
17 money in the fund shall be credited to the fund after compliance with the
18 requirements of Article VII, Section 9(B) relative to the Bond Security and
19 Redemption Fund. All unexpended and unencumbered money in the fund at the end
20 of a fiscal year shall remain in the fund.
21 C. Notwithstanding any provisions of law to the contrary, and in addition to
22 the authority to borrow money or incur debt under any other provisions of law, any
23 political subdivision for which a fiscal administrator is in the process of being
24 appointed or which has been appointed as provided in this Chapter, is hereby
25 authorized to borrow money from and incur debt payable to the fund in accordance
26 with the provisions of this Section. Such borrowing shall be subject to the approval
27 of:
28 (1) The legislative auditor, the attorney general, and the state treasurer.
29 (2) The fiscal administrator, if one has been appointed by the court.
30 (3) The district court having jurisdiction over the fiscal administration.
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1 (4) The State Bond Commission.
2 D. The monies in the fund shall be appropriated and used only for the
3 purpose of providing financial assistance to a political subdivision for which a court
4 has appointed a fiscal administrator as provided in this Chapter by providing a source
5 of funds from which the political subdivision may borrow in order to pay the costs
6 and expenses associated with the independent fiscal administration of the political
7 subdivision, including but not limited to all costs and expenses incurred by the fiscal
8 administrator, the legislative auditor, the attorney general, the state treasurer, and any
9 other persons engaged in connection with the independent fiscal administration.
10 E. Each loan shall be evidenced by a bond, note, or other evidence of
11 indebtedness of the borrower issued to represent an obligation to repay a loan from
12 the fund and shall be authorized and issued pursuant to a resolution or ordinance of
13 the governing authority of such entity, which shall prescribe the form and details
14 thereof, including the terms, security for, manner of execution, repayment schedule,
15 and redemption features thereof. Any such resolution or ordinance shall set forth the
16 maximum principal amount, the maximum interest rate, which shall be at an interest
17 rate that is less than or equal to the market interest rate, as determined by the
18 Department of the Treasury, the maximum redemption premium, if any, and the
19 maximum term of such indebtedness.
20 F. All resolutions or ordinances authorizing the issuance of bonds, notes, or
21 other evidence of indebtedness of a political subdivision hereunder shall be
22 published once in the official journal of the borrower. It shall not be necessary to
23 publish exhibits to such resolution or ordinance, but such exhibits shall be made
24 available for public inspection at the offices of the governing authority of the
25 borrower at reasonable times and such fact shall be stated in the publication. For a
26 period of thirty days after the date of such publication, any persons in interest may
27 contest the legality of the resolution or ordinance authorizing such evidence of
28 indebtedness and any provisions thereof made for the security and payment thereof.
29 After such thirty-day period, no one shall have any cause or right of action to contest
30 the regularity, formality, legality, or effectiveness of the resolution or ordinance and
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1 the provisions thereof or of the bonds, notes, or other evidence of indebtedness
2 authorized thereby for any cause whatsoever. If no suit, action, or proceeding is
3 begun contesting the validity of the bonds, notes, or other evidence of indebtedness
4 authorized pursuant to the resolution or ordinance within the thirty days prescribed
5 in this Subsection, the authority to issue the bonds, notes, or other evidence of
6 indebtedness, or to provide for the payment thereof, and the legality thereof, and all
7 of the provisions of the resolution or ordinance and the evidence of indebtedness
8 shall be conclusively presumed, and no court shall have authority or jurisdiction to
9 inquire into any such matter.
10 G. The Department of the Treasury may by suit, action, mandamus, or other
11 proceedings, protect and enforce any covenant relating to and the security provided
12 in connection with any indebtedness issued pursuant to this Section, and may by suit,
13 action, mandamus, or other proceedings enforce and compel performance of all of
14 the duties required to be performed by the governing body and officials of any
15 borrower hereunder and in any proceedings authorizing the issuance of such bonds
16 or other evidences of indebtedness.
17 H. Monies in, credited to the account of, or to be received by the Fiscal
18 Administrator Revolving Loan Fund shall be expended in a manner consistent with
19 the terms and conditions of the loans made from the fund.
20 I. The repayment of principal of and interest on loans and other obligations
21 made to political subdivisions financed from the Fiscal Administrator Revolving
22 Loan Fund shall be deposited into the Fiscal Administrator Revolving Loan Fund
23 and may be used to finance loans and obligations to other political subdivisions for
24 which a fiscal administrator is appointed pursuant to this Chapter, provided that
25 reserves for expenditures for the administration of the fund that the Department of
26 the Treasury deems necessary and prudent may be retained in the fund.
27 J. The Department of the Treasury shall be authorized to enter into contracts
28 and other agreements in connection with the operation of the fund and the
29 department is authorized to adopt rules and regulations in accordance with the
30 Administrative Procedure Act to implement the provisions of this Section.
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1 (B) Notwithstanding the provisions of Section 22 of Act 612 of the 2018
2 Regular Session of the Legislature, the provisions of Subsection A of this Section
3 shall become effective on July 1, 2020.
4 Section 9. R.S. 47:120.71(B) is hereby amended and reenacted to read as follows:
5 §120.71. Income tax checkoff; donation for Louisiana Pet Overpopulation Advisory
6 Council; creation; use of monies
7 * * *
8 B. Upon receipt of any taxpayer's current-year income tax return upon which
9 the designation of a donation has been made, the secretary shall, after having
10 deducted the donation from the amount to be refunded, remit the donation for
11 deposit, as provided in R.S. 3:2364(E), directly into the Louisiana Animal Welfare
12 Fund Escrow Account within the state treasury no more than one hundred twenty
13 days from the due date of the return.
14 Section 10. R.S. 47:318(D) as amended by Section 15 of Act No. 612 of the 2018
15 Regular Session is hereby amended and reenacted to read as follows:
16 §318. Disposition of collections
17 * * *
18 D. After satisfying the requirements of Subsection B of this Section, the
19 remaining portion of the amount determined pursuant to Subsection A of this Section
20 shall be deposited in the Louisiana Economic Development Fund created by R.S.
21 51:2315 dedicated exclusively to the Louisiana FastStart Program Louisiana
22 Economic Development - Debt Service and State Commitments.
23 Section 11. R.S. 49:308.5(B)(3) and (4), (C)(1), the introductory paragraph of
24 (C)(3)(a), and (E) are hereby amended and reenacted to read as follows:
25 §308.5. Legislative review and recommendation on special funds and dedication of
26 money
27 * * *
28 B.(1) * * *
29 (3)(a) No later than October August 1, 2017, and every two years thereafter,
30 2019, the division of administration shall submit a plan of all special funds and
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1 dedications that contain fees and self-generated revenues of the special dedicated
2 funds in law as of the date of the submission of the plan to the Joint Legislative
3 Committee on the Budget that specifies at least fifty percent of the special dedicated
4 funds in law as of the date of the submission of the plan. The Joint Legislative
5 Committee on the Budget shall review the plan and may add special funds to the plan
6 submitted by the division of administration prior to approval by the committee. The
7 Dedicated Fund Review Subcommittee of the Joint Legislative Committee on
8 the Budget, hereinafter referred to as "the subcommittee", shall meet and
9 review each dedicated fund that contains fees and self-generated revenues prior
10 to January 15, 2020.
11 (b) On or before February 1, 2020, and every four years thereafter, the
12 state treasurer's office shall submit a list of all dedicated funds and statutorily
13 dedicated fund accounts in law as of the date of the submission of the list, to the
14 Joint Legislative Committee on the Budget.
15 (c) The Joint Legislative Committee on the Budget shall review each
16 submitted list and may add special funds and statutorily dedicated fund
17 accounts to the lists submitted by the state treasurer's office.
18 (d) The Joint Legislative Committee on the Budget shall ensure that after two
19 consecutive plans have been approved, all special funds established by law date of
20 the submission of the second consecutive plan will have been on the, including will
21 have been approved in a plan at least once in the previous four years. all statutorily
22 dedicated fund accounts, will have been included in the list and reviewed at least
23 once every four years.
24 (4) Once the plan for review of special funds is approved by the Joint
25 Legislative Committee on the Budget, the Dedicated Fund Review Subcommittee of
26 the Joint Legislative Committee on the budget, hereinafter referred to as "the The
27 Joint Legislative Committee on the Budget shall devise a plan for the
28 subcommittee to review. The subcommittee", shall conduct a review of the special
29 funds and dedications funds, dedications, and statutorily dedicated fund accounts
30 specified in each such plan, resulting in a recommendation for each specified fund,
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1 dedication, or statutorily dedicated fund account in the plan. The subcommittee
2 shall meet only on a day in which the Joint Legislative Committee on the Budget is
3 scheduled to convene. The subcommittee shall meet at least once every two years
4 and may hold other meetings upon the call of the chairperson or majority of the
5 members. The subcommittee shall meet only between the fifteenth day of
6 August and the fifteenth day of January of each fiscal year.
7 C.(1) No later than fifteen days after After the approval of the plan by the
8 Joint Legislative Committee on the Budget, the subcommittee shall cause to be
9 posted on the website of the Louisiana Legislature, notification of a hearing schedule
10 which shall include a date for presentation and discussion of each specified special
11 fund in the approved plan. a schedule of funds, dedications, and statutorily
12 dedicated fund accounts to be reviewed each year. The subcommittee shall have
13 the authority to amend the schedule. Additionally, the Joint Legislative
14 Committee on the Budget shall notify the commissioner of administration and the
15 treasurer of the hearing schedule. The commissioner of administration state
16 treasurer's office shall notify any agency or entity receiving an appropriation from
17 a special fund, dedication, or statutorily dedicated fund specified in the plan in the
18 previous five fiscal years of the hearing schedule.
19 * * *
20 (3)(a) No later than thirty days after the approval of the plan, the first day
21 of August of each year in which the fund is scheduled, the head of each agency
22 or entity receiving an appropriation or allocation from the a special dedicated fund
23 within the previous five years fund, dedication, or statutorily dedicated fund
24 account included in the plan shall submit to the subcommittee the following:
25 * * *
26 E. No later than February 15, 2018, and every two years thereafter, the The
27 Joint Legislative Committee on the Budget shall report the findings and
28 recommendations of each biennial review to the presiding officer of each house of
29 the legislature for electronic distribution to each member of the legislature, the
30 governor, the treasurer, and the commissioner of administration.
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1 Section 12. R.S. 51:2315(A) as amended by Section 17 of Act No. 612 of the 2018
2 Regular Session is hereby amended and reenacted to read as follows:
3 §2315. Louisiana Economic Development Fund
4 A. There is hereby established within the state treasury a fund to be known
5 as the "Louisiana Economic Development Fund". All monies received by the
6 corporation shall be deposited to the account of the Louisiana Economic
7 Development Fund. Monies received by the corporation pursuant to R.S. 47:318(A)
8 shall be used solely for the Louisiana FastStart Program Louisiana Economic
9 Development - Debt Service and State Commitments.
10 * * *
11 Section 13. R.S. 56:279(C)(1) and (2) as amended by Section 18 of Act No. 612 of
12 the 2018 Regular Session of the Legislature is hereby amended and reenacted to read as
13 follows:
14 §279. Louisiana Alligator Resource Dedicated Fund Account
15 * * *
16 C.(1) Except as otherwise provided by law, all revenues received by the state
17 from the sale of licenses as provided in R.S. 56:251(A)(2), from tag fees imposed on
18 alligator hunters, alligator farmers, alligator shipping label fees on the sale of
19 alligators, all revenues derived from the sale of alligators, alligator skins, or alligator
20 eggs harvested from department-administered lands, all fees derived from alligator
21 lottery harvest programs on department-administered lands and public waters, and
22 all revenues derived from any other alligator-related fees and from the severance tax
23 on alligator skins provided for in R.S. 56:256 shall be credited by the state treasurer
24 to a special account designated as the "Louisiana Alligator Resource Dedicated
25 Fund Account" after those revenues have been deposited in the Bond Security and
26 Redemption Fund. Out of the funds remaining in the Bond Security and Redemption
27 Fund after a sufficient amount is allocated from that fund to pay all obligations
28 secured by the full faith and credit of the state that become due and payable within
29 each fiscal year, the treasurer shall classify and consider as fees and self-generated
30 revenues available for appropriation as recognized by the Revenue Estimating
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1 Conference, and, prior to placing such funds in the state general fund, shall pay into
2 the Louisiana Alligator Resource Account, a special agency account to be retained
3 for future appropriation as provided in this Subpart, an amount equal to the revenues
4 generated from collection from those sources provided for in this Section and other
5 sources as provided by law. Monies deposited into this account shall be
6 categorized as fees and self-generated revenue for the sole purpose of reporting
7 related to the executive budget, supporting documents, and general
8 appropriations bills and shall be available for annual appropriation by the
9 legislature.
10 (2) The state treasurer shall invest the monies in this statutorily
11 dedicated fund account in the same manner as monies in the state general fund.
12 Any surplus monies remaining to the credit of the account, after all appropriations
13 of the preceding fiscal year have been made, shall remain to the credit of the account.
14 The state treasurer shall prepare and submit to the department on a quarterly basis
15 a printed report showing the amount of money contained in the account from all
16 sources. Any amounts earned through investment of the monies in the account
17 shall remain to the credit of the account and shall not revert to the state general
18 fund.
19 * * *
20 Section 14. Code of Criminal Procedure Article 895.1(E) as amended by Section 1
21 of Act No. 260 of the 2017 Regular Session of the Legislature and as amended by Act No.
22 137 of the 2018 Regular Session of the Legislature is amended and reenacted to read as
23 follows:
24 Art. 895.1. Probation; restitution; judgment for restitution; fees
25 * * *
26 E. When the court places any defendant convicted of a violation of the
27 Uniform Controlled Dangerous Substances Law, R.S. 40:966 through 1034, on any
28 type of probation, it shall order as a condition of probation a fee of not less than fifty
29 nor more than one hundred dollars, payable to the Louisiana Commission on Law
30 Enforcement and Administration of Criminal Justice to be credited to the Drug
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1 Abuse Education and Treatment Fund Dedicated Fund Account and used for the
2 purposes provided in R.S. 15:1224.
3 * * *
4 Section 15. Code of Criminal Procedure Article 895.1(F)(2) as amended by Section
5 19 of Act No. 612 of the 2018 Regular Session of the Legislature is hereby amended and
6 reenacted to read as follows:
7 Art. 895.1. Probation; restitution; judgment for restitution; fees
8 * * *
9 F. When the court places the defendant on supervised probation, it shall order
10 as a condition of probation the payment of a monthly fee of eleven dollars. The
11 monthly fee established in this Paragraph shall be in addition to the fee established
12 in Paragraph C of this Article and shall be collected by the Department of Public
13 Safety and Corrections and shall be transmitted, deposited, appropriated, and used
14 in accordance with the following provisions:
15 * * *
16 (2) After compliance with the requirements of Article VII, Section 9(B) of
17 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
18 and prior to monies being placed in the state general fund, the treasurer shall classify
19 and consider as fees and self-generated revenues available for appropriation as
20 recognized by the Revenue Estimating Conference, credit an amount equal to that
21 deposited as required by Subparagraph (1) of this Paragraph shall be credited to a
22 special agency account to be retained for future appropriation as provided in this
23 Article which is hereby created in the state treasury to be known as the "Sex
24 Offender Registry Technology Account". The monies in this account shall be used
25 solely as provided in Subparagraph (3) of this Paragraph and only in the amounts
26 appropriated by the legislature. Monies deposited into this account shall be
27 categorized as fees and self-generated revenue for the sole purpose of reporting
28 related to the executive budget, supporting documents, and general
29 appropriations bills and shall be available for annual appropriations by the
30 legislature.
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1 * * *
2 Section 16. The provisions of R.S. 24:653(N)(3), as amended by Section 18 of Act
3 No. 612 of the Regular Session of the Legislature, and R.S. 49:308.5(B) as amended by
4 Section 16 of Act No. 612 of the Regular Session of the Legislature are hereby repealed in
5 their entirety.
6 Section 17. The provisions of R.S. 39:100.26 and 100.41 are hereby repealed in their
7 entirety.
8 Section 18. The state treasurer is hereby authorized and directed to transfer any
9 unencumbered balances remaining in the funds repealed and abolished in Section 17
10 of this Act to the state general fund after satisfying the appropriations for Fiscal Year
11 2019-2020. This Section shall not apply to any fund converted to a statutorily dedicated
12 fund account or escrow account in this Act.
13 Section 19. (A) Notwithstanding the provisions of Act No. 612 of the 2018
14 Regular Session, the following funds which were converted to accounts in Act No. 612
15 of the 2018 Regular Session shall be considered as statutorily dedicated fund accounts
16 containing fees and self-generated revenues, as follows:
17 (1) The Administrative Fund of the Department of Insurance created in R.S.
18 22:1071, shall be renamed the Administrative Dedicated Fund Account of the
19 Department of Insurance.
20 (2) The Emergency Medical Technician Fund created in R.S. 40:1135.10, shall
21 be renamed the Emergency Medical Technician Dedicated Fund Account.
22 (3) The Environmental Trust Fund created in R.S. 30:2015 shall be renamed the
23 Environmental Trust Dedicated Fund Account.
24 (4) The Louisiana Alligator Resource Fund created in R.S. 56:279 shall be
25 renamed the Louisiana Alligator Resource Dedicated Fund Account.
26 (5) The Louisiana Bicycle and Pedestrian Safety Fund created in R.S. 32:202
27 shall be renamed the Louisiana Bicycle and Pedestrian Safety Dedicated Fund Account.
28 (6) The Motorcycle Safety, Awareness, and Operator Training Program Fund
29 created in R.S. 32:412 shall be renamed the Motorcycle Safety, Awareness, and
30 Operator Training Program Dedicated Fund Account.
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1 (7) The Municipal Fire and Police Civil Service Operating Fund created in R.S.
2 22:1476 shall be renamed the Municipal Fire and Police Civil Service Operating
3 Dedicated Fund Account.
4 (8) The Proprietary School Student Protection Fund created in R.S. 17:3141.16
5 shall be renamed the Proprietary School Student Protection Dedicated Fund Account.
6 (9) The Sex Offender Registry Technology Fund created in Code of Criminal
7 Procedure Article 895.1 shall be renamed the Sex Offender Registry Technology
8 Dedicated Fund Account.
9 (10) The Youthful Offender Management Fund created in R.S. 15:921 shall be
10 renamed the Youthful Offender Management Dedicated Fund Account.
11 (B) The Louisiana State Law Institute is hereby directed, pursuant to its
12 authority in R.S. 24:253, to correct any reference in any Code or the Louisiana Revised
13 Statutes of 1950 to reflect the changes to the funds and accounts listed in Subsection A
14 of this Section.
15 Section 20. The provisions of this Section and Sections 11 and 17 shall become
16 effective on July 1, 2019; if vetoed by the governor and subsequently approved by the
17 legislature, this Section and Sections 11 and 17 shall become effective on July 1, 2019. The
18 provisions of Sections 1 through 10, 12 through 16, 18, and 19 of this Act shall become
19 effective on July 1, 2020. If vetoed by the governor and subsequently approved by the
20 legislature, Sections 1 through 10, 12 through 16, 18, and 19 of this Act shall become
21 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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