2020 Regular Session ENROLLED
SENATE BILL NO. 308
BY SENATOR HEWITT AND REPRESENTATIVE EDMONDS
1 AN ACT
2 To amend and reenact R.S. 49:308.5(B), (C)(1) and the introductory paragraph of (3)(a), and
3 (D), relative to the Dedicated Fund Review Subcommittee of the Joint Legislative
4 Committee on the Budget; to provide relative to a plan of review by the Dedicated
5 Fund Review Subcommittee of certain special funds and dedications in the state
6 treasury, including those containing fees and self-generated revenues; to provide
7 relative to the scheduling of funds in the plan of review; to provide for an effective
8 date; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 49:308.5(B), (C)(1) and the introductory paragraph of (3)(a), and (D)
11 are hereby amended and reenacted to read as follows:
12 ยง308.5. Legislative review and recommendation on special funds and dedication of
13 money
14 * * *
15 B.(1) The division of administration shall establish a procedure to assure that
16 the activities supported by a special fund are subject to the same level of
17 transparency and accountability as activities supported by the state general fund. The
18 procedure shall include the annual submission of reports no later than December first
19 of each year for all entities and activities supported by appropriations from the fund.
20 (2) The reports shall be submitted to the president of the Senate, the speaker
21 of the House of Representatives, and the division of administration . The reports to
22 the division of administration shall be submitted electronically in a form and format
23 as specified and established by the commissioner of administration. The division of
24 administration shall publish the reports in an electronic database so as to ensure
25 transparency and accountability.
ACT No. 119
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1 (3)(a) No later than August 1, 2019 2020, the division of administration shall
2 submit to the Joint Legislative Committee on the Budget a plan of to review all
3 special funds and dedications that contain fees and self-generated revenues of the
4 special dedicated funds in law as of the date of the submission. of the plan to the
5 Joint Legislative Committee on the Budget. The Joint Legislative Committee on
6 the Budget shall refer the plan to the Dedicated Fund Review Subcommittee of the
7 Joint Legislative Committee on the Budget, hereinafter referred to as "the
8 subcommittee",. The subcommittee shall meet and to review and to make
9 recommendations, as provided in this Section, on each dedicated fund that
10 contains fees and self-generated revenues prior to January 15, 2020 the thirtieth
11 calendar day prior to the start of the 2021 Regular Session of the Legislature.
12 (b)(2) On or before February 1, 2020, and every four years thereafter,
13 August 1, 2021, and on or before August first of the first year of every term of
14 the legislature, the state treasurer's office division of administration shall submit
15 a list of all dedicated funds and statutorily dedicated fund accounts in law as of the
16 date of the submission of the list, to the Joint Legislative Committee on the Budget.
17 The Joint Legislative Committee on the Budget may review and amend the list
18 prior to submission to the subcommittee.
19 (c) The Joint Legislative Committee on the Budget list shall be referred to
20 the subcommittee which shall develop a plan to review each submitted item on
21 the list and may add special funds and statutorily dedicated fund accounts to the lists
22 submitted by the state treasurer's office. (d) The Joint Legislative Committee on the
23 Budget. The subcommittee shall ensure that all special funds established by law,
24 including all statutorily dedicated fund accounts, will have been included in the list
25 and reviewed at least once every four years. (4) The Joint Legislative Committee on
26 the Budget shall devise a plan for the subcommittee to review. The subcommittee
27 shall conduct a review of the special funds, dedications, and statutorily dedicated
28 fund accounts specified in each such plan, resulting in a recommendation for each
29 specified fund, dedication, or statutorily dedicated fund account in the plan. The
30 subcommittee shall meet at least once every two years and may hold other meetings
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1 upon the call of the chairperson or majority of the members. The subcommittee shall
2 meet only between the fifteenth day of August and the fifteenth day of January of
3 each fiscal year each item is reviewed at least once every four years.
4 C.(1) After the approval of the plan by the Joint Legislative Committee on
5 the Budget, the subcommittee shall cause to be posted on the website of the
6 Louisiana Legislature, a schedule of funds, dedications, and statutorily dedicated
7 fund accounts to be reviewed each year. The subcommittee shall have the authority
8 to amend the schedule. Additionally, The subcommittee, acting on behalf of the
9 Joint Legislative Committee on the Budget, shall notify the commissioner of
10 administration and the treasurer of the schedule date each fund is scheduled for
11 review. The state treasurer's office commissioner of administration shall notify any
12 agency or entity receiving an appropriation from a special fund, dedication, or
13 statutorily dedicated fund specified in the schedule of the date the fund is
14 scheduled for review.
15 * * *
16 (3)(a) No later than the first day of August of each year in which the fund is
17 scheduled, the The head of each agency or entity receiving an appropriation or
18 allocation from a special dedicated fund, dedication, or statutorily dedicated fund
19 account included in the plan scheduled for review that fiscal year shall submit to
20 the subcommittee the following:
21 * * *
22 D.(1) Following the review of each special fund as required in this Section,
23 members of the subcommittee shall offer motions as are necessary to produce a
24 report of findings and recommendations on each special dedicated fund item
25 reviewed by the subcommittee. Such findings and recommendations may include
26 but are not limited to no change to the fund, a change to the fund's revenue source
27 into the fund, a change in the amount dedicated into to the fund, a change in the use
28 of the fund, or elimination of the fund.
29 (2) The No later than thirty days prior to the beginning of the regular
30 session of the legislature, the subcommittee shall report the findings and
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1 recommendations to the Joint Legislative Committee on the Budget for review. The
2 Joint Legislative Committee on the Budget may recommend modifications to the
3 report submitted by the subcommittee, however, such modifications shall be noted
4 in the report along with any original findings or recommendations of the
5 subcommittee.
6 * * *
7 Section 2. This Act shall become effective on July 1, 2020. If vetoed by the governor
8 and subsequently approved by the legislature, this Act shall become effective on July 1,
9 2020.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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