HLS 21RS-275 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 515
BY REPRESENTATIVE ZERINGUE
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. 15:587(B) and 598, R.S. 22:835(C) and (F) and 2134(A),
3 (B)(introductory paragraph), and (C), R.S. 30:21(B)(2), 101.9(A) through (C) and
4 (D)(introductory paragraph), 2351.41, 2380, and 2418(G), (I)(3) and (4), (J), (M)(3)
5 and (4), and (O)(3) and (5), R.S. 32:412.3, 429.2(A), (B), and (C)(introductory
6 paragraph), 868, 1526(B), and 1731, R.S. 39:100.43(L), 100.44(Q), and 100.48(C),
7 R.S. 40:5.10, 39.1(B)(2), (3)(introductory paragraph), and (4), 1379.3.1(C) and (D),
8 1379.7(B), 1428(C), 1472.20(A), 1664.9(N), 1730.68, and 1849(D)(2), (3),
9 (4)(introductory paragraph), and (5), R.S. 45:169.1, 844.14(A)(4), and 1177(B) and
10 (C), R.S. 46:2403(A), (C), and (D)(1), R.S. 47:463.149(F) and (G), 1835(B) and
11 (D)(4), and 6007(C)(4)(h)(ii), (iii)(introductory paragraph), and (iv), R.S.
12 48:105.1(B) and (D), 381(G), 381.1(E), and 381.2(D) and (G)(1), R.S. 49:214.40(A)
13 and (C), R.S. 56:10(B)(1)(d), (5), and (7)(a) and (D), 10.1, 164(A) and
14 (B)(introductory paragraph), 700.2(A)(introductory paragraph), (1), and (3) and (B)
15 through (D), 1703(A), (B)(introductory paragraph), (C)(introductory paragraph), (1),
16 and (2)(introductory paragraph), and (D), and 1705(A) and (B), to enact Subpart J
17 of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes
18 of 1950, to be comprised of R.S. 39:100.26, and to repeal R.S. 9:154.2, R.S. 41:1615,
19 and R.S. 56:1706 and 1844, relative to certain treasury funds; to provide for the
20 transfer, deposit, and use, as specified, of monies in certain treasury funds; to provide
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HB NO. 515
1 with respect to the reclassification of certain funds in the state treasury as statutorily
2 dedicated fund accounts; to provide for the elimination of certain treasury funds; to
3 provide for an effective date; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1.(A) Notwithstanding any provision of law to the contrary, the state
6treasurer is hereby authorized and directed to transfer $67,608,578, to be comprised wholly
7of nonrecurring revenues out of the state general fund from the Fiscal Year 2019-2020
8surplus, as recognized by the Revenue Estimating Conference, to the Budget Stabilization
9Fund.
10 (B) Notwithstanding any provision of law to the contrary, the state treasurer is
11hereby authorized and directed to transfer $22,454,333 from the State General Fund (Direct)
12to the Budget Stabilization Fund.
13 Section 2.(A) Notwithstanding any provision of law to the contrary, the state
14treasurer is hereby authorized and directed to transfer $508,449 from the State General Fund
15(Direct) into the Motor Carrier Regulation Fund.
16 (B) Notwithstanding any provision of law to the contrary, the state treasurer is
17hereby authorized and directed to transfer $5,365,837 from the State General Fund (Direct)
18into the Utility and Carrier Inspection and Supervision Fund.
19 (C) Notwithstanding any provision of law to the contrary, the state treasurer is
20hereby authorized and directed to transfer $658,274 from the State General Fund (Direct)
21into the Telephonic Solicitation Relief Fund.
22 (D) Notwithstanding any provision of law to the contrary, the state treasurer is hereby
23authorized and directed to transfer $5,500,000 from the State General Fund (Direct) into the
24Motor Fuels Underground Storage Tank Trust Fund.
25 (E) Notwithstanding any provision of law to the contrary, the state treasurer is
26hereby authorized and directed to transfer $16,963,667 from the State General Fund (Direct)
27into the Louisiana Wildlife and Fisheries Conservation Fund.
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1 (F) Notwithstanding any provision of law to the contrary, the state treasurer is
2hereby authorized and directed to transfer $4,100,000 from the State General Fund (Direct)
3into the Higher Education Initiatives Fund.
4 (G) Notwithstanding any provision of law to the contrary, the state treasurer is
5hereby authorized and directed to transfer $15,000,000 from the State General Fund (Direct)
6into the State Emergency Response Fund.
7 (H) Notwithstanding any provision of law to the contrary, the state treasurer is
8hereby authorized and directed to transfer $7,689,837 from the State General Fund (Direct)
9into the Major Events Incentive Program Subfund of the Louisiana Mega-Project
10Development Fund.
11 (I) Notwithstanding any provision of law to the contrary, the state treasurer is hereby
12authorized and directed to transfer $5,000,000 from the State General Fund (Direct) into the
13Voting Technology Fund.
14 (J) Notwithstanding any provision of law to the contrary, the state treasurer is hereby
15authorized and directed to transfer $2,000,000 from the State General Fund (Direct) into the
16Louisiana Fire Marshal Fund.
17 Section 3. R.S. 15:587(B) and 598 are hereby amended and reenacted to read as
18follows:
19 §587. Duty to provide information; processing fees; Louisiana Bureau of Criminal
20 Identification and Information
21 * * *
22 B.(1) The bureau may charge a processing fee of twenty-six dollars for
23 information provided to any agency or entity statutorily eligible to receive this
24 information, except another state or local law enforcement agency, pursuant to a
25 request to assist the agency in performing a screening function as part of any
26 regulatory or licensing scheme. Payment of the processing fee shall accompany the
27 request for such information and shall be deposited by the bureau immediately upon
28 receipt into the Criminal Identification and Information Dedicated Fund Account.
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1 (2) The bureau may charge a processing fee of ten dollars for fingerprinting
2 of any individual. Payment of the processing fee shall accompany the request for
3 fingerprinting and shall be deposited by the bureau immediately upon receipt into the
4 Criminal Identification and Information Dedicated Fund Account.
5 * * *
6 §598. Criminal Identification and Information Dedicated Fund Account
7 All fees imposed and collected pursuant to R.S. 15:587 or any other provision
8 of law in this Chapter shall be forwarded upon receipt to the state treasurer for
9 immediate deposit into the state treasury. After compliance with the requirements
10 of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond
11 Security and Redemption Fund, and prior to monies being placed in the state general
12 fund, an amount equal to that deposited as required in this Section shall be credited
13 to a special statutorily dedicated fund account hereby created in the state treasury
14 designated as the Criminal Identification and Information Dedicated Fund Account.
15 All monies in this fund account shall annually be appropriated by the legislature to
16 the state police, may be withdrawn only pursuant to such appropriation, and shall be
17 used solely and exclusively by the state police to assist in carrying out the provisions
18 of this Chapter and for special law enforcement initiatives. Monies in the fund
19 account shall be invested by the state treasurer in the same manner as monies in the
20 state general fund. Interest earned on the investment of monies shall be credited to
21 this fund account following compliance with the requirements of Article VII, Section
22 9(B) relative to the Bond Security and Redemption Fund. All unexpended and
23 unencumbered monies in the fund account at the end of each fiscal year shall remain
24 in the fund account. Monies deposited into the account shall be categorized as fees
25 and self-generated revenue for the sole purpose of reporting related to the executive
26 budget, supporting documents, and general appropriation bills and shall be available
27 for annual appropriation by the legislature.
28 Section 4. R.S. 22:835(C) and (F) are hereby amended and reenacted to read as
29follows:
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HB NO. 515
1 §835. Fire marshal tax; Louisiana Fire Marshal Fund
2 * * *
3 C. After compliance with the requirements of Article VII, Section 9(B) of
4 the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,
5 and prior to monies being placed in the state general fund, an amount equal to that
6 deposited as required by Subsection B of this Section shall be credited to a special
7 fund hereby created in the state treasury to be known as the "Louisiana Fire Marshal
8 Fund", hereafter in this Section referred to as the "fund". The monies in this fund
9 shall be used solely as provided by Subsection D of this Section and only in the
10 amounts appropriated by the legislature. All unexpended and unencumbered monies
11 in the fund at the end of the fiscal year shall revert to the state general fund remain
12 in the fund. The monies in the fund shall be invested by the treasurer in the same
13 manner as monies in the state general fund, and interest earned on the investment of
14 these monies shall be credited to the state general fund, again, following compliance
15 with the requirement of Article VII, Section 9(B) relative to the Bond Security and
16 Redemption Fund fund.
17 * * *
18 F. Each year, after satisfaction of the provisions of Subsections C and D of
19 this Section, and before any unexpended or unencumbered monies in the Louisiana
20 Fire Marshal Fund shall revert to the state general fund, the state treasurer shall
21 transfer the amount of fifty thousand dollars to the Camp Minden Fire Protection
22 Fund as provided by R.S. 22:835.1.
23 * * *
24 Section 5. R.S. 22:2134(A), (B)(introductory paragraph), and (C) are hereby
25amended and reenacted to read as follows:
26 §2134. Automobile Theft and Insurance Fraud Prevention Authority Dedicated
27 Fund Account
28 A. There is hereby established a special dedicated fund account in the state
29 treasury to be known as the "Automobile Theft and Insurance Fraud Prevention
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1 Authority Dedicated Fund Account", hereafter referred to in this Section as the
2 "fund" "account", into which the state treasurer shall each fiscal year deposit the
3 revenues received from those sources provided for by this Part and other sources as
4 provided for by law after those revenues have been deposited in the Bond Security
5 and Redemption Fund. Out of the funds remaining in the Bond Security and
6 Redemption Fund after a sufficient amount is allocated from that fund to pay all
7 obligations secured by the full faith and credit of the state that become due and
8 payable within each fiscal year, the treasurer, prior to placing such funds in the state
9 general fund, shall pay into the fund account an amount equal to the revenue
10 generated from collection from those sources provided for by this Part and other
11 sources as provided for by law. No expenditures shall be made from the fund
12 account unless first appropriated by the legislature. The monies in the trust fund
13 account shall be invested by the state treasurer in the same manner as monies in the
14 state general fund. All interest earned on money from the fund account and invested
15 by the state treasurer shall be credited to the Automobile Theft and Insurance Fraud
16 Prevention Authority Fund account. Monies deposited into the account shall be
17 categorized as fees and self-generated revenue for the sole purpose of reporting
18 related to the executive budget, supporting documents, and general appropriation
19 bills and shall be available for annual appropriation by the legislature.
20 B. Any monies in the Automobile Theft and Insurance Fraud Prevention
21 Authority Fund account shall be administered only by the director of the authority,
22 upon a majority vote of the board, in the following order of priority:
23 * * *
24 C. All monies in the Automobile Theft and Insurance Fraud Prevention
25 Authority Fund account shall be used only to enhance fraud prevention efforts as
26 determined by the board.
27 * * *
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1 Section 6. R.S. 30:21(B)(2), 101.9(A) through (C) and (D)(introductory paragraph),
22351.41, 2380, and 2418(G), (I)(3) and (4), (J), (M)(3) and (4), and (O)(3) and (5) are hereby
3amended and reenacted to read as follows:
4 §21. Fees and charges of the commissioner of conservation; revisions; exceptions;
5 collections; Oil and Gas Regulatory Dedicated Fund Account; creation;
6 amounts; requirements
7 * * *
8 B.
9 * * *
10 (2)(a) There is hereby established a special statutorily dedicated fund
11 account in the state treasury to be known as the Oil and Gas Regulatory Dedicated
12 Fund Account, hereafter referred to as the "fund" "account". After deposit in the
13 Bond Security and Redemption Fund and after a sufficient amount is allocated from
14 that fund to pay all the obligations secured by the full faith and credit of the state that
15 become due and payable within each fiscal year, the treasurer shall pay into the fund
16 account an amount equal to the monies generated from collection of the fees
17 provided for in this Title, R.S. 40:1749.11 et seq., or Title 47 of the Louisiana
18 Revised Statutes of 1950, the rules and regulations promulgated thereunder, any
19 fines and civil penalties or any other provision of law relative to fees, fines, or civil
20 penalties attributable to the office of conservation, and fifty percent of any annual
21 assessment paid by an operator who chooses not to plug a well classified as inactive
22 with the remainder being deposited into the Oilfield Site Restoration Fund.
23 (b) Monies deposited into the account shall be categorized as fees and self-
24 generated revenue for the sole purpose of reporting related to the executive budget,
25 supporting documents, and general appropriation bills. The monies credited to the
26 fund account shall be appropriated by the legislature and dedicated solely to the use
27 of the office of conservation for the regulation of the oil and gas industry and other
28 industries under the jurisdiction of the office of conservation and shall be used solely
29 for the purposes of that program. Any monies remaining in the fund account at the
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1 end of any fiscal year shall remain with the fund account and shall not revert to the
2 state general fund. All interest or earnings of the fund account shall be credited to
3 the fund account. All fees and self-generated revenue remaining on deposit for the
4 office of conservation at the end of any fiscal year shall be deposited into the fund
5 account. The amount appropriated from the fund account to the office of
6 conservation shall be subject to appropriation by the legislature.
7 (c) The provisions of Subtitle II of Title 47 of the Louisiana Revised Statutes
8 of 1950 shall apply to the administration, collection, and enforcement of the fees
9 imposed in this Section, and the penalties provided by that Subtitle shall apply to the
10 person who fails to pay or report the fee. Proceeds from the fee, including any
11 penalties collected in connection with the fee, shall be deposited into the fund
12 account.
13 * * *
14 §101.9. Underwater Obstruction Removal Dedicated Fund Account
15 A. There is hereby established a statutorily dedicated fund account in the
16 custody of the state treasurer to be known as the Underwater Obstruction Removal
17 Dedicated Fund Account, hereafter referred to in this Section as the "account", into
18 which the state treasurer shall, each fiscal year, deposit the revenues received from
19 the collection of the monies enumerated in Subsection C of this Section, after those
20 revenues have been deposited in the Bond Security and Redemption Fund. Out of the
21 funds remaining in the Bond Security and Redemption Fund, after a sufficient
22 amount is allocated from that fund to pay all the obligations secured by the full faith
23 and credit of the state that become due and payable within each fiscal year, the
24 treasurer shall pay into the Underwater Obstruction Removal Trust Fund account an
25 amount equal to the revenues generated as provided for in Subsection C of this
26 Section. Such funds shall constitute a special custodial trust fund account which shall
27 be administered by the secretary who shall make disbursements from the fund
28 account solely in accordance with the purposes and uses authorized by this Part. B.
29 The funds received shall be placed in the special trust fund in the custody of the state
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1 treasurer account to be used only in accordance with this Part and shall not be placed
2 in the general fund. The funds shall only be used for the purposes set forth in this
3 Part and for no other governmental purposes, nor shall any portion hereof ever be
4 available to borrow from by any branch of government. It is the intent of the
5 legislature that this fund account shall remain intact and inviolate. Any interest or
6 earnings of the fund shall be credited only to the fund account. Monies deposited
7 into this account shall be categorized as fees and self-generated revenue for the sole
8 purpose of reporting related to the executive budget, supporting documents, and
9 general appropriation bills and shall be available for annual appropriation by the
10 legislature.
11 B. The funds received shall be placed in the special trust fund account in the
12 custody of the state treasurer to be used only in accordance with this Part and shall
13 not be placed in the general fund. The funds shall only be used for the purposes set
14 forth in this Part and for no other governmental purposes, nor shall any portion
15 hereof ever be available to borrow from by any branch of government. It is the intent
16 of the legislature that this fund the account shall remain intact and inviolate. Any
17 interest or earnings of the fund account shall be credited only to the fund account.
18 C. The following monies shall be placed into the Underwater Obstruction
19 Removal Fund account:
20 (1) Private contributions.
21 (2) Interest earned on the funds deposited in the fund account.
22 (3) Any grants, donations, and sums allocated from any source, public or
23 private, for the purposes of this Part.
24 (4) Any monies deposited into the fund account pursuant to R.S.
25 56:700.2(A)(4).
26 D. The monies in the fund account may be disbursed and expended pursuant
27 to the authority and direction of the assistant secretary for the following purposes and
28 uses:
29 * * *
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1 PART III. LEAD HAZARD REDUCTION DEDICATED FUND ACCOUNT
2 §2351.41. Lead Hazard Reduction Dedicated Fund Account
3 A. There is hereby created within the state treasury a special statutorily
4 dedicated fund account designated as the Lead Hazard Reduction Dedicated Fund
5 Account, hereafter referred to in this Part as the "account". Funds received under
6 pursuant to the provisions of this Part shall be deposited into the state treasury.
7 B. After compliance with the requirements of Article VII, Section 9(B) of
8 the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,
9 and prior to monies being placed in the state general fund, an amount equal to that
10 deposited as required by Subsection A of this Section shall be credited to a special
11 fund hereby created in the state treasury to be known as the "Lead Hazard Reduction
12 Fund" the account. The monies in this fund account shall be used solely as provided
13 in Subsection C of this Section. All unexpended and unencumbered monies in this
14 fund the account at the end of the fiscal year shall remain in the fund account. The
15 monies in this fund the account shall be invested by the state treasurer in the same
16 manner as monies in the state general fund, and interest earned on the investment of
17 these monies shall be credited to the fund account. Monies deposited into the
18 account shall be categorized as fees and self-generated revenue for the sole purpose
19 of reporting related to the executive budget, supporting documents, and general
20 appropriation bills and shall be available for annual appropriation by the legislature.
21 C. The monies in the Lead Hazard Reduction Fund account shall be used
22 solely for the purpose of funding the programs and activities provided for in this
23 Chapter, as determined by the secretary.
24 * * *
25 §2380. Right-to-Know Dedicated Fund Account
26 A. Subject to the exceptions contained in Article VII, Section 9 of the
27 Constitution of Louisiana, all monies collected under pursuant to R.S. 30:2373 shall
28 be paid into the state treasury and shall be credited to the Bond Security and
29 Redemption Fund. Out of the funds remaining in the Bond Security and Redemption
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1 Fund, after a sufficient amount is allocated from that fund to pay all obligations
2 secured by the full faith and credit of the state which become due and payable within
3 a fiscal year, the treasurer shall, prior to placing such remaining funds in the state
4 general fund, pay into a special statutorily dedicated fund account, which is hereby
5 created in the state treasury and designated as the "Right-to-Know Dedicated Fund
6 Account", hereinafter referred to as the fund "account", an amount equal to all
7 monies collected under pursuant to R.S. 30:2373. The fund balance in the account
8 shall not exceed two million dollars. Any monies in excess of that amount shall
9 revert to the general fund. Monies deposited into the account shall be categorized
10 as fees and self-generated revenue for the sole purpose of reporting related to the
11 executive budget, supporting documents, and general appropriation bills and shall
12 be available for annual appropriation by the legislature.
13 B. Monies in the fund account shall be paid to the deputy secretary on his
14 warrant and shall be used to develop the Louisiana Chemical Network (LCN), a
15 statewide centralized inventory and release reporting system. This centralized
16 reporting system is intended to eliminate duplication in reporting requirements,
17 develop centralized data management, and provide processed data to all parishes via
18 the local emergency planning committees (LEPCs). The department shall have the
19 responsibility to develop a centralized data distribution system and provide the local
20 emergency planning committees with the necessary equipment, software, and
21 training to support its application. The monies in the fund account shall be dedicated
22 to equipment acquisition and personnel training for LEPCs and for the department
23 to properly staff the centralized data management functions. The deputy secretary
24 shall adopt the necessary rules and regulations to administer this system.
25 * * *
26 §2418. Waste tires; Waste Tire Management Dedicated Fund Account
27 * * *
28 G. There is hereby established a statutorily dedicated fund account in the
29 state treasury to be known as the "Waste Tire Management Dedicated Fund
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1 Account", hereafter referred to in this Section as the "account". Any fees collected,
2 pursuant to the secretary's rules and regulations, on the sale of tires, and any other
3 appropriations, gifts, grants, or other monies received by the Department of
4 Environmental Quality for the credit of the Waste Tire Management Fund account,
5 shall be remitted to the state treasury and credited to the Bond Security and
6 Redemption Fund, as provided by the laws of this state and the Constitution of
7 Louisiana. After a sufficient amount is allocated from the Bond Security and
8 Redemption Fund to pay all obligations secured by the full faith and credit of the
9 state which become due and payable within any fiscal year, the treasurer shall pay
10 into the Waste Tire Management Fund account an amount equal to the total amount
11 previously deposited into the treasury. All interest earned on money from this fund
12 the account and invested by the state treasurer shall be credited to the fund account.
13 The monies of the fund in the account shall be administered by the secretary solely
14 for the purposes of solving the state's waste tire problem. No monies from the fund
15 account shall be used to provide payments to waste tire processors for processing
16 tires that are generated in Louisiana when those tires are processed in any other state.
17 Monies deposited into the account shall be categorized as fees and self-generated
18 revenue for the sole purpose of reporting related to the executive budget, supporting
19 documents, and general appropriation bills and shall be available for annual
20 appropriation by the legislature.
21 * * *
22 I.
23 * * *
24 (3)(a) In the event the balance of the fund account is insufficient to meet the
25 obligations to waste tire processors provided for in Paragraph (2) of this Subsection,
26 the department, after meeting all payments required by law, shall pay any undisputed
27 obligations in a pro rata share to waste tire processors having a standard permit when
28 the request for payment was submitted. Any remaining undisputed obligations
29 which would have been paid to waste tire processors but for the insufficiency of the
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1 Waste Tire Management Fund account shall be paid from future surplus funds in the
2 Waste Tire Management Fund account as provided in Subparagraph (b) of this
3 Paragraph. However, beginning August 1, 2013, such payments shall be applied in
4 priority from the earliest incurred undisputed obligation to the most current
5 undisputed obligation.
6 (b) In the event the fund account has a surplus after meeting all obligations
7 of the fund account for the month, including any payments required by law, such
8 surplus shall be distributed in a pro rata share to those waste tire processors having
9 a standard permit when the request for payment was submitted and for whom there
10 are unpaid obligations of the fund account, excluding any disputed amounts. Such
11 surplus shall be processed for payment by the department within fifteen days after
12 the end of the month in which the surplus arose.
13 (c) For purposes of this Section, "undisputed obligations" means those waste
14 tire material payments which should have been paid by the department to a waste tire
15 processor since January 1, 2003, but which have not been paid due to the
16 insufficiency of the Waste Tire Management Fund account.
17 (4) If litigation relating to fund account payments in dispute prior to March
18 1, 2004, is resolved through final judgment or settlement, the secretary shall pay
19 from the fund account the portion of such final judgment or settlement which
20 represents previously disputed fund account payments within one hundred eighty
21 days of the judgment or settlement. This Subsection shall not be construed to limit
22 or condition the right of the judgment creditor or obligee under the settlement
23 agreement to obtain payment in satisfaction of the judgment or settlement from any
24 source authorized by law.
25 J. The secretary or his designee shall submit an annual report to the president
26 of the Senate, the speaker of the House of Representatives, the Senate Committee on
27 Environmental Quality, and to the House Committee on Natural Resources and
28 Environment and appear before a joint meeting of the House Committee on Natural
29 Resources and Environment and the Senate Committee on Environmental Quality
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1 during each regular session to present the report detailing the progress of the waste
2 tire program for the preceding year, the current balance of the Waste Tire
3 Management Fund account, and the forecast for the fund account in the following
4 year.
5 * * *
6 M.
7 * * *
8 (3) A waste tire processor shall not request or receive payments from the
9 Waste Tire Management Fund account for any waste tires unless the waste tires are
10 generated and processed in Louisiana, the generator and transporter have signed a
11 statement swearing under penalty of law that the tires were not generated outside the
12 state of Louisiana and are Louisiana-eligible tires, and the processor has signed a
13 statement swearing under penalty of law that he has no knowledge contrary to the
14 representations of the generator and transporter. The department shall provide a
15 standard form to be used by generators, transporters, and processors to comply with
16 this Paragraph.
17 (4) In addition to any other penalties provided for in this Subsection, any
18 person convicted of violating Paragraph (1) of this Subsection may be barred from
19 participating in the program, including requesting and receiving payments or
20 reimbursements from the Waste Tire Management Fund account, and any license or
21 registration issued by the department that is required to participate in the program
22 may be ordered to be surrendered. Participants shall include collectors, generators,
23 processors, and transporters. Any such person convicted may be forever barred from
24 employment with or from contracting with any license holder under this Section.
25 Any sentence imposed which includes the suspension or barring under this Paragraph
26 shall be suspended until after rendition of a final conviction from which no appeal
27 may be taken.
28 * * *
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1 O.
2 * * *
3 (3) Proceeds from the collection of the fees and any fines, penalties, interest,
4 and costs collected in connection with the fees shall be deposited into the Waste Tire
5 Management Fund account to be used to administer the waste tire program
6 authorized by this Section.
7 * * *
8 (5) In addition to the authority and collection procedure provided for in this
9 Subsection, the secretary has the authority to impose upon any person failing to
10 timely remit fees imposed by this Section, a delinquent fee of ten percent of the
11 unpaid fee or twenty-five dollars, whichever is greater. A delinquent fee of twenty-
12 five dollars may also be imposed upon any person failing to timely submit a monthly
13 waste tire fee report required by any rule or regulation promulgated pursuant to this
14 Section. Proceeds from the collection of the fees authorized by this Paragraph shall
15 be used for special waste tire projects as determined by the secretary. Any such
16 proceeds remaining at the end of the fiscal year that have not been used for special
17 projects shall be deposited in the Waste Tire Management Fund account.
18 Section 7. R.S. 32:412.3, 429.2(A), (B), and (C)(introductory paragraph), 868,
191526(B), and 1731 are hereby amended and reenacted to read as follows:
20 §412.3. Office of Motor Vehicles Driver's License Escrow Dedicated Fund
21 Account; Office of Motor Vehicles Handling Fee Escrow Dedicated Fund
22 Account
23 A. There is are hereby created, as special statutorily dedicated fund accounts
24 funds in the state treasury, the Office of Motor Vehicles Driver's License Escrow
25 Dedicated Fund Account, hereafter referred to as the "License Fund Account" and
26 the Office of Motor Vehicles Handling Fee Escrow Dedicated Fund Account,
27 hereafter referred to as the "Handling Fee Account".
28 B.(1) After compliance with the requirements of Article VII, Section 9(B)
29 of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
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1 and after a sufficient amount is allocated from that fund to pay all of the obligations
2 secured by the full faith and credit of the state which become due and payable within
3 any fiscal year, the treasurer shall pay an amount equal to one third of the monies
4 received by the state treasury pursuant to the provisions of R.S. 32:412 into the
5 Office of Motor Vehicles Driver's License Escrow Fund License Fund Account. The
6 monies in this fund account shall be used solely as provided in Subsection D of this
7 Section. All unexpended and unencumbered monies in this fund account at the end
8 of the fiscal year shall remain in the fund account to cover under collections in any
9 subsequent fiscal year. The monies in the fund account shall be invested by the state
10 treasurer in the same manner as monies in the state general fund and shall be
11 deposited into the state general fund. Monies deposited into the License Fund
12 Account shall be categorized as fees and self-generated revenue for the sole purpose
13 of reporting related to the executive budget, supporting documents, and general
14 appropriation bills and shall be available for annual appropriation by the legislature.
15 (2) The calculation required under the provisions of Subsection D of this
16 Section shall be made prior to the distribution to the board of trustees of the police
17 pension funds of the city of New Orleans, the Louisiana State Police Retirement
18 System Fund, and the Conservation Fund under the provisions of R.S. 56:10(B)(15).
19 C. After compliance with the requirements of Article VII, Section 9(B) of
20 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
21 and after a sufficient amount is allocated from that fund to pay all of the obligations
22 secured by the full faith and credit of the state which become due and payable within
23 any fiscal year, the treasurer shall pay an amount equal to one third of the monies
24 received by the state treasury pursuant to the provisions of R.S. 32:412.1 into the
25 Office of Motor Vehicles Handling Fee Escrow Fund Handling Fee Account. The
26 monies in this fund account shall be used solely as provided in Subsection E of this
27 Section. All unexpended and unencumbered monies in this fund account at the end
28 of the fiscal year shall remain in the fund account to cover under collections in any
29 subsequent fiscal year. The monies in the fund account shall be invested by the state
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1 treasurer in the same manner as monies in the state general fund and shall be
2 deposited into the state general fund. Monies deposited into the Handling Fee
3 Account shall be categorized as fees and self-generated revenue for the sole purpose
4 of reporting related to the executive budget, supporting documents, and general
5 appropriation bills and shall be available for annual appropriation by the legislature.
6 D. Of the monies placed in escrow in the Office of Motor Vehicles Driver's
7 License Escrow Fund License Fund Account, one-half shall be appropriated in Fiscal
8 Years 2020, 2026, and 2032 and one-half shall be appropriated in Fiscal Years 2021,
9 2027, and 2033.
10 E.(1) Of the monies placed in escrow in the Office of Motor Vehicles
11 Handling Fee Escrow Fund Handling Fee Account, one-half shall be appropriated
12 in Fiscal Years 2020, 2026, and 2032 and one-half shall be appropriated in Fiscal
13 Years 2021, 2027, and 2033.
14 (2) Of the monies appropriated under pursuant to the provisions of this
15 Subsection, sixty-eight and seventy-five one-hundredths percent of the funds shall
16 be allocated to self-generated revenue and thirty-one and twenty-five one-hundredths
17 percent of the funds shall be allocated to the Office of Motor Vehicles Customer
18 Service and Technology Dedicated Fund Account.
19 * * *
20 §429.2. Office of Motor Vehicles Customer Service and Technology Dedicated
21 Fund Account; uses of the monies
22 A. There is hereby created, as a special statutorily dedicated fund account
23 in the state treasury, the Office of Motor Vehicles Customer Service and Technology
24 Dedicated Fund Account, hereafter referred to in this Section as the "account".
25 B. After compliance with the requirements of Article VII, Section 9(B) of
26 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
27 and after a sufficient amount is allocated from that fund to pay all of the obligations
28 secured by the full faith and credit of the state which become due and payable within
29 any fiscal year, the treasurer shall pay an amount equal to the monies received by the
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1 state treasury pursuant to the provisions of R.S. 32:412.1(C), 707.2(C)(4), and
2 728(10) into the Office of Motor Vehicles Customer Service and Technology Fund
3 account. The monies in this fund the account shall be used solely as provided in
4 Subsection C of this Section and only in the amounts appropriated by the legislature.
5 All unexpended and unencumbered monies in this fund the account at the end of the
6 fiscal year shall remain in the fund account. The monies in the fund account shall
7 be invested by the state treasurer in the same manner as monies in the state general
8 fund and shall be deposited into the state general fund. Monies deposited into the
9 account shall be categorized as fees and self-generated revenue for the sole purpose
10 of reporting related to the executive budget, supporting documents, and general
11 appropriation bills and shall be available for annual appropriation by the legislature.
12 C. Subject to an annual appropriation by the legislature, the monies in the
13 Office of Motor Vehicles Customer Service and Technology Fund account shall be
14 used solely for the following:
15 * * *
16 §868. Funding of real-time system to verify motor vehicle insurance; Insurance
17 Verification System Dedicated Fund Account; creation
18 A. Of the reinstatement fees assessed in R.S. 32:863(A)(3)(a), an amount of
19 seventy-five dollars from each reinstatement fee levied for lack of required security
20 up to thirty days, one hundred fifty dollars from each reinstatement fee levied for
21 lack of required security between thirty-one days and ninety days, and three hundred
22 dollars from each reinstatement fee levied for lack of security for in excess of ninety
23 days, and of the reinstatement fees assessed in R.S. 32:863.1(C)(1)(c) and (I)(3) an
24 amount of fifty dollars from each first offense and one hundred dollars from each
25 second offense, shall be, after first having been credited to the Bond Security and
26 Redemption Fund as required by Article VII, Section 9(B) of the Louisiana
27 Constitution, deposited into the Insurance Verification System Dedicated Fund
28 Account.
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1 B. There is hereby created in the state treasury a special statutorily dedicated
2 fund account designated as the Insurance Verification System Dedicated Fund
3 Account, hereinafter referred to as the "fund" "account". Monies in the fund account
4 shall be invested in the same manner as monies in the state general fund. Interest
5 earned on investment of monies in the fund account shall be deposited in and
6 credited to the fund account. The monies in this fund account shall be used solely as
7 provided for in this Section and only in the amounts appropriated by the legislature.
8 Unexpended and unencumbered monies in the fund account shall remain in the fund
9 account. Monies deposited into the account shall be categorized as fees and self-
10 generated revenue for the sole purpose of reporting related to the executive budget,
11 supporting documents, and general appropriation bills and shall be available for
12 annual appropriation by the legislature. Monies in the fund account shall be used in
13 amounts appropriated by the legislature as follows:
14 (1) For Fiscal Year 2014-2015, monies in the fund shall be used as follows:
15 (a) First, to fully fund the creation and maintenance of the real-time system
16 to verify motor vehicle insurance authorized by R.S. 32:863.2(F).
17 (b) The next forty-two million dollars shall be dedicated to the Department
18 of Public Safety and Corrections, office of state police.
19 (c) The remainder of deposits shall be used for public safety and law
20 enforcement purposes.
21 (2) For Fiscal Year 2015-2016 and each fiscal year thereafter, monies in the
22 fund account shall be used as follows:
23 (a) First, to fully fund the annual maintenance of the real-time system to
24 verify motor vehicle insurance authorized by R.S. 32:863.2(F).
25 (b) Next, the amount needed to fund the increase in the costs of salaries and
26 related benefits associated with the pay plan adopted by the State Police
27 Commission, not to exceed forty-two million dollars per year, shall be dedicated to
28 the Department of Public Safety and Corrections, office of state police.
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1 (c) In the event House Bill No. 562 of the 2014 Regular Session of the
2 Legislature is enacted into law, the next seven million dollars per year shall be used
3 to fund the housing of parolees who are detained in sheriffs' jails pending their
4 revocation hearing as provided in R.S. 15:824(B)(1)(e)(ii).
5 (d) The next one million dollars per year shall be used to provide additional
6 funding to district attorneys and assistant district attorneys, specifically to fund
7 additional assistant district attorneys beginning in 2015.
8 (e) The remainder of monies in the fund account shall be used for public
9 safety and law enforcement purposes.
10 (3) (2) Funds from the Insurance Verification System Fund account shall not
11 be used to pay any costs associated with the implementation of a system for the
12 issuance of REAL ID compliant drivers' licenses and special identification cards.
13 * * *
14 §1526. Unified Carrier Registration Agreement; enforcement; disposition of money
15 collected; Unified Carrier Registration Agreement Dedicated Fund Account
16 * * *
17 B.(1) All revenue collected by or distributed to the department under the
18 Unified Carrier Registration Agreement shall be deposited upon receipt into the state
19 treasury. Out of the funds remaining in the Bond Security and Redemption Fund
20 after a sufficient amount is allocated from that fund to pay all obligations secured by
21 the full faith and credit of the state that become due and payable during a fiscal year
22 as provided for in Article VII, Section 9(B) of the Constitution of Louisiana, the
23 treasurer shall each fiscal year deposit into a special statutorily dedicated fund
24 account hereby created in the state treasury, to be known as the Unified Carrier
25 Registration Agreement Dedicated Fund Account, hereafter referred to in this
26 Section as the "account", an amount equal to the total amount received by the
27 treasurer pursuant to this Subsection. Monies deposited into the account shall be
28 categorized as fees and self-generated revenue for the sole purpose of reporting
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1 related to the executive budget, supporting documents, and general appropriation
2 bills and shall be available for annual appropriation by the legislature.
3 (2) All unexpended and unencumbered money in the fund account at the end
4 of a fiscal year shall remain in the fund account and shall be available for use in the
5 next fiscal year as provided for in this Subsection. Money in the fund account shall
6 be invested as provided by law, and any interest earned on such investments shall be
7 credited to the fund account after compliance with the provisions of Article VII,
8 Section 9(B) of the Constitution of Louisiana.
9 (3) The money in the fund account shall be used each fiscal year solely and
10 exclusively by the department, except as provided for in Paragraph (2) of this
11 Subsection, for motor carrier safety programs, enforcement, or the administration of
12 the Unified Carrier Registration Plan and the Unified Carrier Registration Agreement
13 as required by the Unified Carrier Registration Act of 2005.
14 * * *
15 §1731. The Louisiana Towing and Storage Dedicated Fund Account
16 All fees and fines collected under pursuant to the provisions of this Chapter
17 shall be paid into the state treasury on or before the twenty-fifth day of the month
18 following their collection and, in accordance with Article VII, Section 9 of the
19 Constitution of Louisiana, shall be credited to the Bond Security and Redemption
20 Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after
21 a sufficient amount is allocated therefrom to pay all obligations secured by the full
22 faith and credit of the state which become due and payable within each fiscal year,
23 the treasurer shall pay an amount equal to the total amount of funds paid into the
24 treasury into a special statutorily dedicated fund account, which is hereby created in
25 the state treasury and designated as the "Louisiana Towing and Storage Dedicated
26 Fund Account", hereafter referred to as the "account". All funds collected or
27 received pursuant to this Chapter and deposited in the Louisiana Towing and Storage
28 Fund account shall be administered by the deputy secretary of public safety services.
29 The fund account shall be used solely to fund personnel positions and the activities
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1 and enforcement of this Chapter by the office of state police and only in the amount
2 appropriated by the legislature with all remaining funds to be deposited in the state
3 general fund. Monies deposited into the account shall be categorized as fees and
4 self-generated revenue for the sole purpose of reporting related to the executive
5 budget, supporting documents, and general appropriation bills and shall be available
6 for annual appropriation by the legislature.
7 Section 8. Subpart J of Part II-A of Chapter 1 of Subtitle I of Title 39 of the
8Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.26, is hereby enacted to read
9as follows:
10 SUBPART J. LOUISIANA SUPERDOME FUND
11 §100.26. Louisiana Superdome Fund; purpose
12 A. There is hereby created in the state treasury, as a special fund, the
13 "Louisiana Superdome Fund", hereinafter referred to in this Section as the "fund".
14 B. Notwithstanding any provision of law to the contrary, all monies received
15 by the state as a result of the case captioned "Jazz Casino Company, L.L.C. versus
16 Cynthia Bridges, in Her Capacity as the Secretary for the Louisiana Department of
17 Revenue, and the Louisiana Department of Revenue" and all cases consolidated
18 therewith, bearing numbers 2019 CA 1530, 2019 CA 1531, 2019 CA 1532, 2019 CA
19 1533, and 2019 CA 1534 on the docket of the First Circuit Court of Appeals for the
20 State of Louisiana shall be deposited into the fund.
21 C. Monies in the fund shall be invested in the same manner as monies in the
22 state general fund. Interest earned on investment of monies in the fund shall be
23 credited to the fund. Unexpended and unencumbered monies in the fund at the end
24 of the fiscal year shall remain in the fund.
25 D. Monies in the fund shall be used exclusively to partially defray the cost
26 of upgrades to certain state facilities by the Louisiana Stadium and Exposition
27 District.
28 Section 9. R.S. 39:100.43(L), 100.44(Q), and 100.48(C) are hereby amended and
29reenacted to read as follows:
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1 §100.43. Coronavirus Local Recovery Allocation Program
2 * * *
3 L. Any unobligated balance in the fund on December 1, 2020 June 30, 2021,
4 shall be transferred to the State Coronavirus Relief Fund.
5 §100.44. Louisiana Main Street Recovery Program
6 * * *
7 Q. Any unobligated balance in the fund on December 1, 2020 June 30, 2021,
8 shall be transferred to the State Coronavirus Relief Fund.
9 * * *
10 §100.48. Critical Infrastructure Workers Hazard Pay Rebate Fund
11 * * *
12 C. Monies in the rebate fund shall be appropriated to the state treasurer to be
13 used to provide a one-time hazard pay rebate to essential critical infrastructure
14 workers as provided in Act No. 12 of the 2020 First Extraordinary Session of the
15 Legislature. Any unobligated balance in the rebate fund on June 30, 2021, shall be
16 transferred to the State Coronavirus Relief Fund.
17 Section 10. R.S. 40:5.10, 39.1(B)(2), (3)(introductory paragraph), and (4),
181379.3.1(C) and (D), 1379.7(B), 1428(C), 1472.20(A), 1664.9(N), 1730.68, and 1849(D)(2),
19(3), (4)(introductory paragraph), and (5) are hereby amended and reenacted to read as
20follows:
21 §5.10. Oyster Sanitation Dedicated Fund Account
22 A. There is hereby established a special statutorily dedicated fund account
23 in the state treasury to be known as the Oyster Sanitation Dedicated Fund Account,
24 hereinafter referred to as the "fund" "account". The fund account shall consist of
25 monies received by virtue of the surcharge assessed pursuant to R.S. 30:2075.1, such
26 monies as may be appropriated to it by the legislature, and monies received by the
27 fund from grants and donations. Monies deposited into the account shall be
28 categorized as fees and self-generated revenue for the sole purpose of reporting
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1 related to the executive budget, supporting documents, and general appropriation
2 bills and shall be available for annual appropriation by the legislature.
3 B. Monies in the fund account shall be invested by the state treasurer in
4 accordance with the law, and shall comply with the provisions of Article VII, Section
5 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption
6 Fund. Subject to Article VII, Section 9, the investment earnings on account monies
7 shall be credited to the fund account. The treasurer shall advise the governor and the
8 legislature of the status of the fund account thirty days prior to each regular session
9 of the legislature and at any other time upon their request.
10 C. Upon request of the secretary of either department named herein, and
11 pursuant to appropriation by the legislature, the treasurer shall disburse monies from
12 the fund account to the Louisiana Department of Health and/or or the Department of
13 Wildlife and Fisheries for projects or measures that protect, enhance, or restore
14 sanitary conditions directly related to the molluscan shellfish industry.
15 D. Monies from the fund account may not be used other than for the
16 sanitation purposes authorized in Subsection C of this Section, or investment
17 authorized in Subsection B of this Section.
18 * * *
19 §39.1. Certified copies of birth certificates and death certificates; clerks of district
20 courts and the Second City Court of the city of New Orleans; Vital Records
21 Conversion Dedicated Fund Account
22 * * *
23 B.
24 * * *
25 (2) Clerks shall pay to the state registrar such amounts as are required in R.S.
26 40:40. In addition, four dollars for each long-form birth certificate or death
27 certificate issued by each clerk of court shall be remitted to the state treasurer on the
28 tenth day of each month for deposit in the state treasury. The funds deposited shall
29 be credited to the Bond Security and Redemption Fund. Out of the funds remaining
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1 in the Bond Security and Redemption Fund after a sufficient amount is allocated to
2 pay all obligations secured by the full faith and credit of the state which become due
3 and payable in any fiscal year, the treasurer shall credit to the Vital Records
4 Conversion Dedicated Fund Account, hereby created, an amount equal to the funds
5 deposited under the provisions of this Section. Monies deposited into the Vital
6 Records Conversion Dedicated Fund Account shall be categorized as fees and self-
7 generated revenue for the sole purpose of reporting related to the executive budget,
8 supporting documents, and general appropriation bills and shall be available for
9 annual appropriation by the legislature.
10 (3) The monies held in the Vital Records Conversion Dedicated Fund
11 Account shall only be appropriated with the mutual consent of the secretary of state
12 and the secretary of the Louisiana Department of Health for the following purposes:
13 * * *
14 (4) All unexpended and unencumbered monies in the fund Vital Records
15 Conversion Dedicated Fund Account at the end of the fiscal year shall remain in the
16 fund account. The monies in the fund account shall be invested by the treasurer in
17 the same manner as monies in the state general fund. All interest earned on account
18 monies invested by the treasurer shall be deposited in the fund account.
19 * * *
20 §1379.3.1. Concealed Handgun Permit Dedicated Fund Account; assessment and
21 disposition of fees
22 * * *
23 C. After compliance with the requirements of Article VII, Section 9(B) of
24 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
25 and prior to monies being placed in the state general fund, an amount equal to that
26 deposited as required by Subsection B of this Section shall be credited to a special
27 statutorily dedicated fund account hereby created in the state treasury to be known
28 as the "Concealed Handgun Permit Dedicated Fund Account", hereafter referred to
29 in this Section as the "account". The monies in this fund the account shall be used
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1 solely as provided for in Subsection D of this Section and only in the amounts
2 appropriated by the legislature. All unexpended and unencumbered monies in this
3 fund the account at the end of the fiscal year shall remain in such fund the account.
4 The monies in this fund the account shall be invested by the state treasurer in the
5 same manner as monies in the state general fund and interest earned on the
6 investment of these monies shall be credited to this fund the account after, again,
7 following compliance with the requirement of Article VII, Section 9(B) of the
8 Constitution of Louisiana relative to the Bond Security and Redemption Fund.
9 Monies deposited into the account shall be categorized as fees and self-generated
10 revenue for the sole purpose of reporting related to the executive budget, supporting
11 documents, and general appropriation bills and shall be available for annual
12 appropriation by the legislature.
13 D. The monies in the Concealed Handgun Permit Fund account shall be used
14 solely for administration of the concealed handgun permit process and for special
15 law enforcement initiatives.
16 * * *
17 §1379.7. Public Safety DWI Testing, Maintenance, and Training Dedicated Fund
18 Account; uses
19 * * *
20 B. After compliance with the requirements of Article VII, Section 9(B) of
21 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
22 and prior to monies being placed in the state general fund, the treasurer shall credit
23 an amount equal to the total amount of such costs received to a special statutorily
24 dedicated fund account which is hereby created in the state treasury and designated
25 as the Public Safety DWI Testing, Maintenance, and Training Dedicated Fund
26 Account. The monies in the described fund the account shall be used solely to fund
27 activities of the office of state police in executing its responsibilities in the purchase
28 and maintenance of equipment and supplies for use in breath, blood, or urine analysis
29 as related to violations of R.S. 14:98 or 98.1; training in the maintenance and usage
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1 of testing equipment; other such related expenses as may be necessary in the efficient
2 and effective administration of those duties; and for special law enforcement
3 initiatives. The monies in the fund account shall be used only in the amounts
4 appropriated by the legislature. All unexpended and unencumbered monies in the
5 fund account at the end of the fiscal year shall remain in the fund account. The
6 monies in the fund account shall be invested by the treasurer in the same manner as
7 monies in the state general fund. All interest earned on monies in the fund account
8 invested by the treasurer shall be credited to the Public Safety DWI Testing,
9 Maintenance, and Training Fund account. Monies deposited into the account shall
10 be categorized as fees and self-generated revenue for the sole purpose of reporting
11 related to the executive budget, supporting documents, and general appropriation
12 bills and shall be available for annual appropriation by the legislature.
13 * * *
14 §1428. Special assessment; creation of dedicated fund account
15 * * *
16 C. 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 an amount equal to that deposited as required by Subsection B of this Section shall
19 be credited to a special statutorily dedicated fund account hereby created in the state
20 treasury to be known as the Insurance Fraud Investigation Dedicated Fund Account,
21 hereafter referred to in this Subsection as the "account". The monies shall be
22 irrevocably dedicated and deposited in the Insurance Fraud Investigation Fund
23 account and shall be used solely as provided in Subsection A of this Section and only
24 in the amounts appropriated by the legislature. Monies in the fund account shall be
25 appropriated, administered, and used solely and exclusively for purposes of the fraud
26 unit, fraud support unit, insurance fraud section, LATIFPA, and as further provided
27 in this Section. All unexpended and unencumbered monies in this fund the account
28 at the end of the fiscal year shall be refunded to each insurer licensed by the
29 Department of Insurance to conduct business in this state assessed a fee pursuant to
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1 this Section on a pro-rata basis based on each insurer's proportionate share of the
2 total fees collected pursuant to this Section. Monies deposited into the account shall
3 be categorized as fees and self-generated revenue for the sole purpose of reporting
4 related to the executive budget, supporting documents, and general appropriation
5 bills and shall be available for annual appropriation by the legislature.
6 * * *
7 §1472.20. Explosives Trust Dedicated Fund Account
8 A. The Explosives Trust Dedicated Fund Account is hereby established as
9 a special statutorily dedicated fund account in the state treasury to support the efforts
10 of the Department of Public Safety and Corrections, office of state police, explosives
11 control unit. After depositing deposit into the Bond Security and Redemption Fund,
12 all funds collected pursuant to R.S. 40:1472.3(H) and 1472.9(D) shall be deposited
13 in and credited to the Explosives Trust Dedicated Fund Account. Monies deposited
14 into the account shall be categorized as fees and self-generated revenue for the sole
15 purpose of reporting related to the executive budget, supporting documents, and
16 general appropriation bills and shall be available for annual appropriation by the
17 legislature.
18 * * *
19 §1664.9. Fees; license endorsements for firms and persons; certifications; Louisiana
20 Life Safety and Property Protection Trust Dedicated Fund Account
21 * * *
22 N.(1) Subject to the exceptions contained in Article VII, Section 9 of the
23 Constitution of Louisiana, all monies received by the state fire marshal pursuant to
24 this Subpart, including but not limited to fees and fines, shall be deposited
25 immediately upon receipt in the state treasury and shall be credited to the Bond
26 Security and Redemption Fund. Out of the funds remaining in the Bond Security
27 and Redemption Fund after a sufficient amount is allocated from that fund to pay all
28 obligations secured by the full faith and credit of the state which become due and
29 payable within any fiscal year, the treasurer, prior to placing such remaining funds
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1 in the state general fund, shall pay an amount equal to the total amount of funds paid
2 into the state treasury by the state fire marshal pursuant to this Subpart into a special
3 statutorily dedicated fund account which is hereby created in the state treasury and
4 designated as the Louisiana Life Safety and Property Protection Trust Dedicated
5 Fund Account.
6 (2) The monies in the Louisiana Life Safety and Property Protection Trust
7 Dedicated Fund Account shall be used solely for implementation, administration, and
8 enforcement of this Subpart, and thereafter, for fire education or emergency response
9 by the state fire marshal and only in the amounts appropriated each year to the state
10 fire marshal or the board by the legislature. Any surplus monies and interest
11 remaining to the credit of the fund the account on June thirtieth of each year after all
12 such appropriations of the preceding fiscal year have been made shall remain to the
13 credit of the fund account, and no part thereof shall revert to the state general fund.
14 Monies deposited into the account shall be categorized as fees and self-generated
15 revenue for the sole purpose of reporting related to the executive budget, supporting
16 documents, and general appropriation bills and shall be available for annual
17 appropriation by the legislature.
18 * * *
19 §1730.68. Industrialized Building Program Dedicated Fund Account; distribution
20 A. All proceeds derived from the fees and all amounts received by the
21 secretary from interest, fines, or penalties or any other source pursuant to the
22 provisions of this Part shall be deposited with the state treasurer. After compliance
23 with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana,
24 the state treasurer shall, each fiscal year and subject to an annual appropriation by
25 the legislature, credit to the "Industrialized Building Program Dedicated Fund
26 Account", hereafter referred to in this Section as the "account", which is hereby
27 created in the treasury as a special designated fund account, an amount equal to the
28 amount of money paid into the treasury by the secretary pursuant to the provisions
29 of this Section. All unexpended and unencumbered monies in the fund account at
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1 the end of each fiscal year shall remain in the fund account. The monies in the fund
2 account shall be invested by the state treasurer in the same manner as monies in the
3 state general fund. All interest earned on monies in the fund account invested by the
4 state treasurer shall be deposited in the fund account. Monies deposited into the
5 account shall be categorized as fees and self-generated revenue for the sole purpose
6 of reporting related to the executive budget, supporting documents, and general
7 appropriation bills and shall be available for annual appropriation by the legislature.
8 B. Monies from the fund account shall be appropriated and paid to the
9 secretary at the beginning of each fiscal year to be distributed to the office of state
10 fire marshal, code enforcement and building safety, and shall be used for the
11 implementation of this Part.
12 * * *
13 §1849. Permit fees; minimum; maximum; transport registration fees; personnel
14 qualification fees; rainy day fund Liquified Petroleum Gas Commission
15 Rainy Day Dedicated Fund Account
16 * * *
17 D.
18 * * *
19 (2) After compliance with the requirements of Article VII, Section 9(B) of
20 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
21 and prior to the monies being placed in the state general fund, an amount equal to the
22 funds received shall be credited to the special statutorily dedicated fund account
23 hereby created in the state treasury to be known as the "Liquefied Petroleum Gas
24 Commission Rainy Day Dedicated Fund Account", hereafter referred to in this
25 Section as the "account". The monies in this fund the account shall be used solely
26 as provided in this Subsection, and only in the amounts appropriated by the
27 legislature. The monies in the fund account shall be invested by the state treasurer
28 in the same manner as the monies in the state general fund. Subject to the provisions
29 of, and after compliance with, Article VII, Section 9(B) of the Constitution of
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1 Louisiana, all interest earned on the monies in this fund the account shall be credited
2 to this fund the account. Monies deposited into the account shall be categorized as
3 fees and self-generated revenue for the sole purpose of reporting related to the
4 executive budget, supporting documents, and general appropriation bills and shall
5 be available for annual appropriation by the legislature.
6 (3) At the end of each fiscal year, the unexpended and unencumbered monies
7 which remain in this fund the account, up to a maximum of two hundred fifty
8 thousand dollars, shall remain in this fund the account and shall be used by the
9 commission for the purposes set forth in this Subsection.
10 (4) The monies in this fund the account shall be used for the following
11 purposes:
12 * * *
13 (5) At the end of each fiscal year, the unexpended and unencumbered monies
14 which remain in the fund account in excess of the two hundred fifty thousand dollar
15 maximum provided in Paragraph (3) of this Subsection, not to exceed three hundred
16 thousand dollars, shall be deposited in the separate interest-bearing account
17 established under the authority of R.S. 40:1851(D) and shall be used solely for
18 market development purposes as required by R.S. 40:1851.1(B).
19 * * *
20 Section 11. R.S. 45:169.1, 844.14(A)(4), and 1177(B) and (C) are hereby amended
21and reenacted to read as follows:
22 §169.1. Motor Carrier Regulation Dedicated Fund Account
23 A.(1) All monies recovered by the transportation division of the Public
24 Service Commission, by the collection of intrastate application, registration, and
25 permit fees, and fines collected from penalties, shall be deposited into the state
26 treasury and shall be credited to the Bond Security and Redemption Fund. After
27 satisfaction of the requirements of the Bond Security and Redemption Fund, the
28 treasurer shall deposit into the special statutorily dedicated fund account, hereby
29 created in the state treasury and designated as the "Motor Carrier Regulation
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1 Dedicated Fund Account", an amount equal to one hundred percent of the total sums
2 recovered as provided in R.S. 45:168 and 169. Monies deposited into this account
3 shall be categorized as fees and self-generated revenue for the sole purpose of
4 reporting related to the executive budget, supporting documents, and general
5 appropriation bills and shall be available for annual appropriation by the legislature.
6 (2) The Motor Carrier Regulation Dedicated Fund Account, hereinafter
7 referred to in this Section as the "carrier fund account", shall additionally consist of
8 all funds received by donation, grant, gift, or otherwise from any source and sums
9 appropriated specifically to it by the legislature for increased regulatory enforcement
10 of motor carriers.
11 B. The director of the transportation division of the Public Service
12 Commission shall administer the carrier fund account and shall make disbursements
13 from the fund carrier account for all necessary and appropriate expenditures.
14 C.(1) The monies in the carrier fund account shall be used to defray the cost
15 of regulation of the intrastate motor carrier industry, specifically by the
16 transportation division of the Public Service Commission.
17 (2) Monies in the carrier fund account shall be available to increase
18 manpower and physical support for regulation of the intrastate motor carrier
19 industry.
20 (3) Monies in the carrier fund account shall be invested by the state treasurer
21 in the same manner as are monies in the state general fund. All interest earned on
22 carrier account money invested by the state treasurer since the creation of the fund
23 will shall be deposited into the state general fund.
24 D. In any cases where monies from the carrier fund account are expended
25 in the prosecution of any violation of this Chapter, the attorney general shall institute
26 a civil action to recover from the responsible person all such monies expended from
27 the carrier fund account. Any monies so recovered shall be paid into the carrier fund
28 account as provided by this Section.
29 * * *
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1 §844.14. Listing procedures; prohibited acts; Telephonic Solicitation Relief
2 Dedicated Fund Account
3 A.
4 * * *
5 (4)(a) All fees and penalties imposed pursuant to this Section shall be made
6 payable to the Louisiana Public Service Commission for the administration of this
7 Chapter and shall be dedicated to such purpose. The fees and penalties collected
8 shall be remitted by the commission to the state treasury and credited to the Bond
9 Security and Redemption Fund. After a sufficient amount is allocated from that fund
10 to pay all obligations secured by the full faith and credit of the state which become
11 due and payable within the fiscal year, the treasurer, prior to placing such remaining
12 funds in the state general fund, shall pay an amount equal to the total amount of
13 funds paid into the state treasury by the commission into a special statutorily
14 dedicated fund account which is hereby created in the state treasury and designated
15 as the "Telephonic Solicitation Relief Dedicated Fund Account". Monies deposited
16 into the account shall be categorized as fees and self-generated revenue for the sole
17 purpose of reporting related to the executive budget, supporting documents, and
18 general appropriation bills and shall be available for annual appropriation by the
19 legislature.
20 (b) The monies in the Telephonic Solicitation Relief Dedicated Fund
21 Account shall be used solely for the implementation, administration, and
22 enforcement of this Chapter. Any surplus monies and interest remaining to the credit
23 of the fund account on June thirtieth of each year shall remain to the credit of the
24 fund account and no part thereof shall revert to the state general fund.
25 * * *
26 §1177. Inspection and supervision fees; Utility and Carrier Inspection and
27 Supervision Dedicated Fund Account
28 * * *
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1 B. Funds received by the Department of Revenue in the form of inspection
2 and supervision fees authorized in Subsection A shall be deposited immediately upon
3 receipt into the state treasury. After compliance with the requirements of Article
4 VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and
5 Redemption Fund, and prior to monies being placed in the state general fund, an
6 amount equal to that deposited as required by this Subsection shall be credited to a
7 special statutorily dedicated fund account hereby created in the state treasury to be
8 known as the "Utility and Carrier Inspection and Supervision Dedicated Fund
9 Account", hereafter referred to in this Section as the "account". The monies in this
10 fund the account shall be used solely for the expenses of the operations of the
11 commission, and only in the amounts appropriated by the legislature. Monies
12 deposited into the account shall be categorized as fees and self-generated revenue for
13 the sole purpose of reporting related to the executive budget, supporting documents,
14 and general appropriation bills and shall be available for annual appropriation by the
15 legislature.
16 C. If the amounts contained in the fund account provided for in this Section
17 are in excess of that necessary to fund the operations of the commission, then that
18 excess shall be retained in such funds the account subject to the requirements of
19 Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond
20 Security and Redemption Fund and shall be subject to appropriations appropriation
21 by the legislature in subsequent years. In the event the Utility and Carrier Inspection
22 and Supervision Fund account ceases to exist for the purpose of its creation, the
23 assessments therefor likewise shall cease to exist.
24 Section 12. R.S. 46:2403(A), (C), and (D)(1) are hereby amended and reenacted to
25read as follows:
26 §2403. Creation of the Children's Trust Dedicated Fund Account
27 A. There is hereby established a special statutorily dedicated fund account
28 in the state treasury to be known as the "Children's Trust Dedicated Fund Account",
29 hereafter referred to in this Section as the "account", consisting of monies provided
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1 by the legislature and monies received from any other sources, including funds
2 derived from donations of income tax refunds as provided in R.S. 47:120.35 and
3 funds derived from fees as provided in Subsection B of this Section. The legislature
4 shall make yearly appropriations to the fund for the purposes set forth in this Chapter
5 to the extent that state funds are available. Monies deposited into the account shall
6 be categorized as fees and self-generated revenue for the sole purpose of reporting
7 related to the executive budget, supporting documents, and general appropriation
8 bills and shall be available for annual appropriation by the legislature.
9 * * *
10 C. Subject to the exceptions contained in Article VII, Section 9(A) of the
11 Constitution of Louisiana, all such additional fees collected as provided in
12 Subsection B of this Section shall be paid into the state treasury and shall be credited
13 to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond
14 Security and Redemption Fund after a sufficient amount is allocated from that fund
15 to pay all obligations secured by the full faith and credit of the state which become
16 due and payable within any fiscal year, the treasurer shall, prior to placing such
17 remaining funds in the state general fund, pay into the Children's Trust Fund account
18 an amount equal to the total amount of the additional birth certificate fees paid into
19 the treasury pursuant to Subsection B of this Section.
20 D.(1) The monies in the fund account shall be used solely for programs
21 designed to prevent the physical and sexual abuse and gross neglect of children.
22 Disbursement of the amount appropriated each year shall be made as determined by
23 the Children's Cabinet with consideration of recommendations made by the
24 Children's Trust Fund Board. All unexpended and unencumbered monies in this
25 fund the account at the end of the fiscal year shall remain to the credit of the fund
26 account.
27 * * *
28 Section 13. R.S. 47:463.149(F) and (G), 1835(B) and (D)(4), and 6007(C)(4)(h)(ii),
29(iii)(introductory paragraph), and (iv) are hereby amended and reenacted to read as follows:
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1 §463.149. Special prestige license plate; "World Champion New Orleans Saints";
2 distribution of royalty fees
3 * * *
4 F. The annual royalty fee shall be collected by the department and deposited
5 into the Louisiana Stadium and Exposition District License Plate Dedicated Fund
6 Account. The money received from the royalty fees shall be used solely to pay debt
7 service on state debt issued to fund improvements to the Louisiana Superdome.
8 G. There is hereby created, as a special statutorily dedicated fund account
9 within the state treasury, the Louisiana Stadium and Exposition District License Plate
10 Dedicated Fund Account, hereafter sometimes referred to in this Subsection as the
11 "Fund" "account". Notwithstanding any other provision of law, after compliance
12 with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana
13 relative to the Bond Security and Redemption Fund, and after a sufficient amount is
14 allocated to pay all of the obligations secured by the full faith and credit of the state
15 which become due and payable within any fiscal year, the treasurer shall pay an
16 amount equal to the annual royalty fee collected by the department into the Fund
17 account. All of the monies in the Fund account shall be appropriated each year by
18 the legislature to the Louisiana Stadium and Exposition District for application first
19 to pay principal and interest on any debt issued by the Louisiana Stadium and
20 Exposition District and second to pay any operating expenses of the Louisiana
21 Stadium and Exposition District. Monies deposited into the account shall be
22 categorized as fees and self-generated revenue for the sole purpose of reporting
23 related to the executive budget, supporting documents, and general appropriation
24 bills and shall be available for annual appropriation by the legislature.
25 * * *
26 §1835. Employment of secretary, clerical help and experts; creation of commission
27 expense dedicated fund account; authorization for deposits and collection of
28 assessments
29 * * *
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1 B. There is hereby established in the state treasury the "Tax Commission
2 Expense Dedicated Fund Account", hereinafter referred to in this Section as the
3 "expense fund account". After credit to the Bond Security and Redemption Fund as
4 provided in Article VII, Section 9(B) of the Constitution of Louisiana, all
5 assessments and fees, including penalties and interest thereon, received by the tax
6 commission shall be deposited in and credited to the expense fund account. Monies
7 on deposit in the expense fund account may be expended only pursuant to
8 appropriation. Appropriations from the expense fund account shall only be made for
9 expenses and costs of the tax commission, including but not limited to expenses and
10 costs of operations, audits, and examinations and the defense, determination, or
11 development of assessments and assessment procedures, including costs associated
12 with outside experts. Any such assessment or fee, and any penalty and interest
13 thereon, shall constitute an addition to the taxes due for all purposes of this Title.
14 Monies on deposit in the expense fund account shall be invested in the same manner
15 as the state general fund. Interest on investment of monies in the expense fund
16 account shall be credited to the state general fund. All unexpended and
17 unencumbered monies in the fund expense account at the close of the fiscal year
18 shall remain in the fund expense account. Monies deposited into the expense
19 account shall be categorized as fees and self-generated revenue for the sole purpose
20 of reporting related to the executive budget, supporting documents, and general
21 appropriation bills and shall be available for annual appropriation by the legislature.
22 * * *
23 D.
24 * * *
25 (4) The tax commission shall be reimbursed for its direct costs associated
26 with the audits or examinations conducted pursuant to this Section, up to ten percent
27 of the additional tax, penalty, and interest collected, and said funds shall be paid over
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1 to the tax commission for deposit in its expense fund account for its use in carrying
2 on its operations as provided for herein.
3 * * *
4 §6007. Motion picture production tax credit
5 * * *
6 C. Production tax credit; specific productions and projects.
7 * * *
8 (4) Transferability of the credit. Except as provided for in Subparagraph (g)
9 of this Paragraph, motion picture tax credits not previously claimed by any taxpayer
10 against its income tax may be transferred or sold to another Louisiana taxpayer or
11 to the Department of Revenue, subject to the following conditions:
12 * * *
13 (h)
14 * * *
15 (ii) There is hereby established in the state treasury a special statutorily
16 dedicated treasury fund account, the Louisiana Entertainment Development
17 Dedicated Fund Account, hereinafter referred to in this Section as the "fund"
18 "account". Monies deposited into the account shall be categorized as fees and self-
19 generated revenue for the sole purpose of reporting related to the executive budget,
20 supporting documents, and general appropriation bills and shall be available for
21 annual appropriation by the legislature. Out of the funds remaining in the Bond
22 Security and Redemption Fund after a sufficient amount is allocated from that fund
23 to pay all obligations secured by the full faith and credit of the state which becomes
24 due and payable within any fiscal year as required by Article VII, Section 9(B) of
25 this constitution, the treasurer shall deposit in and credit to the fund account the fees
26 deposited as provided in this Paragraph.
27 (iii) The money in the fund account shall be appropriated by the legislature
28 as follows:
29 * * *
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1 (iv) The money in the fund account shall be invested by the treasurer in the
2 same manner as money in the state general fund and interest earned on the
3 investment of the money shall be credited to the fund account after compliance with
4 the requirements of Article VII, Section 9(B) of the Constitution of Louisiana
5 relative to the Bond Security and Redemption Fund. All unexpended and
6 unencumbered money in the fund account at the end of the year shall remain in the
7 fund account.
8 * * *
9 Section 14. R.S. 48:105.1(B) and (D), 381(G), 381.1(E), and 381.2(D) and (G)(1)
10are hereby amended and reenacted to read as follows:
11 §105.1. Transportation Training and Education Center Dedicated Fund Account;
12 creation
13 * * *
14 B. The secretary shall promulgate rules and regulations in accordance with
15 law to effectuate the provisions of this Section, to implement a registration fee
16 policy, and to provide for the uses and disposition of the fees collected. All fees
17 collected pursuant to this Section and the rules and regulations promulgated by the
18 secretary shall be deposited into the LTRC Transportation Training and Education
19 Center Dedicated Fund Account as provided for in Subsection D of this Section.
20 * * *
21 D. There is hereby created, as a special statutorily dedicated fund account
22 in the state treasury, the LTRC Transportation Training and Education Center
23 Dedicated Fund Account, hereinafter referred to in this Section as the "fund"
24 "account". After compliance with the requirements of Article VII, Section 9(B) of
25 the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,
26 an amount equal to the monies received by the state treasury pursuant to the
27 provisions of Subsections A and B of this Section and rules and regulations adopted
28 by the Department of Transportation and Development shall be deposited into the
29 fund account. The monies so deposited shall be used to defray the expenses of the
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1 LTRC Transportation Training and Education Center in connection with the
2 development, contracting, delivery, and administration of the center's transportation
3 training program. Monies in the fund account shall be invested by the state treasurer
4 in the same manner as monies in the state general fund, and interest earned on the
5 investment of such monies shall be credited to the fund account after compliance
6 with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana.
7 Excess monies over and above the expenses of the center shall be distributed to
8 workforce development programs and projects within the Department of
9 Transportation and Development. All unexpended and unencumbered monies in the
10 fund account at the end of any fiscal year shall remain in the fund account for use in
11 subsequent fiscal years. Monies deposited into the account shall be categorized as
12 fees and self-generated revenue for the sole purpose of reporting related to the
13 executive budget, supporting documents, and general appropriation bills and shall
14 be available for annual appropriation by the legislature.
15 * * *
16 §381. Use and occupancy of highways
17 * * *
18 G. All fees shall be deposited by the secretary of the Department of
19 Transportation and Development in the Right-Of-Way Permit Processing Dedicated
20 Fund Account established in the office of the treasurer pursuant to R.S. 48:381.1 and
21 said fees shall be set aside for the use of the Department of Transportation and
22 Development to defray the expenses of the right-of-way permit office connected with
23 the issuance and processing required for permitted activity within state roads and
24 highways rights-of-way.
25 * * *
26 §381.1. Rights-of-way; joint use agreements; fees
27 * * *
28 E. All fees collected pursuant to the provisions of this Section shall be
29 deposited by the secretary of the Department of Transportation and Development
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1 into the state treasury for credit to the Right-of-Way Permit Processing Dedicated
2 Fund Account, hereafter referred to in this Part as the "Right-of Way Account".
3 After compliance with the requirements of Article VII, Section 9(B) of the
4 Constitution of Louisiana relative to the Bond Security and Redemption Fund, the
5 monies so deposited shall be credited to the fund Right-of-Way Account for the use
6 of the Department of Transportation and Development to defray the expenses of the
7 right-of-way permit office. Excess fees, over and above the expenses of the right-of-
8 way permit office, shall be distributed to federally approved highway projects. All
9 monies existing in this fund the Right-of-Way Account at the end of each fiscal year
10 shall be retained in the Right-of-Way Permit Processing Fund account and shall not
11 be deposited in the General Fund. Monies deposited into the account shall be
12 categorized as fees and self-generated revenue for the sole purpose of reporting
13 related to the executive budget, supporting documents, and general appropriation
14 bills and shall be available for annual appropriation by the legislature.
15 * * *
16 §381.2. Rights-of-way; telecommunication installations, including wireless
17 telephone hardware, fiber-optic lines, and telecommunications towers; annual
18 report to the legislature
19 * * *
20 D. All fees shall be deposited by the secretary of the Department of
21 Transportation and Development in the state treasury. After such deposit, an amount
22 equal to the fees collected shall be transferred to the Right-of-Way Account
23 established pursuant to R.S. 48:381.1 and Permit Processing Fund which is hereby
24 created in the state treasury and said funds shall be set aside for the use of the
25 Department of Transportation and Development to defray the expenses of the
26 right-of-way permit office in connection with the issuance and processing required
27 for permitted activity within the state roads and highway rights-of-way.
28 * * *
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1 G. The secretary shall prepare and submit an annual report to the House and
2 Senate Transportation, Highways and Public Works Committees, which summarizes
3 the activities, revenues, and expenditures of the right-of-way permit office related
4 to the administration of this Section. The first annual report required under the
5 provisions of this Subsection shall contain a summary of the activities, revenues, and
6 expenditures of the right-of-way permit office from the beginning of the program to
7 date and shall be submitted to the House and Senate Transportation, Highways and
8 Public Works Committees not later than January 30, 2002. Each subsequent annual
9 report shall be submitted not later than ninety days following the end of each
10 calendar year and shall contain the following information:
11 (1) Deposits and withdrawals from the Right-of-Way Permit Processing
12 Fund Account related to this Section.
13 * * *
14 Section 15. R.S. 49:214.40(A) and (C) are hereby amended and reenacted to read
15as follows:
16 §214.40. Coastal Resources Trust Dedicated Fund Account
17 A.(1) Subject to the exceptions contained in Article VII, Section 9(A) of the
18 Constitution of Louisiana, all funds collected by the Louisiana coastal resources
19 program from processing and evaluation of coastal use permit applications and
20 consistency determinations, from any federal outercontinental shelf revenue sharing
21 program, and from any other sources, shall be paid into the state treasury and shall
22 be credited to the Bond Security and Redemption Fund.
23 (2) Out of the funds remaining in the Bond Security and Redemption Fund
24 after a sufficient amount is allocated from that fund to pay all obligations secured by
25 the full faith and credit of the state which become due and payable within any fiscal
26 year, the treasurer shall, prior to placing such remaining funds in the state general
27 fund, pay into a special statutorily dedicated fund account, which is hereby created
28 in the state treasury and designated as the Coastal Resources Trust Dedicated Fund
29 Account, hereafter referred to in this Section as the "trust account", an amount equal
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1 to the total amount of funds paid into the treasury by the Louisiana coastal resources
2 program.
3 (3) The monies in the trust fund account shall be invested by the state
4 treasurer in the same manner as monies in the state general fund. The monies in the
5 Coastal Resources Trust Fund trust account shall be used solely for the programs and
6 purposes and in the amounts appropriated each year to the Louisiana coastal
7 resources program by the legislature. Monies deposited into the trust account shall
8 be categorized as fees and self-generated revenue for the sole purpose of reporting
9 related to the executive budget, supporting documents, and general appropriation
10 bills and shall be available for annual appropriation by the legislature.
11 * * *
12 C. Any surplus funds remaining to the credit of the trust fund account on
13 July 1 of each year commencing with the fiscal year 1983-84, after all appropriations
14 of the preceding fiscal year have been paid, and all interest earned on money from
15 the trust fund account since the creation of the fund and thereafter shall remain to the
16 credit of the Coastal Resources Trust Fund trust account for expenditure from year
17 to year solely by the Louisiana coastal resources program or any uses as provided for
18 in the federal outercontinental shelf revenue sharing legislation in accordance with
19 appropriation made by the legislature for the purposes and functions of said program,
20 and no part thereof shall revert to the state general fund. This provision shall not be
21 construed to prohibit the appropriation of funds out of the state general fund to the
22 commission.
23 Section 16. R.S. 56:10(B)(1)(d), (5), and (7)(a), and (D), 10.1, 164(A) and
24(B)(introductory paragraph), 700.2(A)(introductory paragraph), (1), and (3) and (B) through
25(D), 1703(A), (B)(introductory paragraph), (C)(introductory paragraph), (1), and
26(2)(introductory paragraph), and (D), and 1705(A) and (B) are hereby amended and
27reenacted to read as follows:
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1 §10. Annual report to governor; estimate of proposed expenditures; particular funds;
2 limitations on purposes for use of monies in particular funds and accounts;
3 warrants; vouchers; surplus funds
4 * * *
5 B.(1) Subject to the exception contained in Article VII, Section 9(A) of the
6 Constitution of Louisiana, all funds collected by the commission from every source
7 shall be paid into the state treasury and shall be credited to the Bond Security and
8 Redemption Fund. Out of the funds remaining in the Bond Security and Redemption
9 Fund after a sufficient amount is allocated from that fund to pay all obligations
10 secured by the full faith and credit of the state which become due and payable within
11 any fiscal year, the treasurer shall, prior to placing such remaining funds in the state
12 general fund, conform to the following:
13 * * *
14 (d) Pay annually into a special statutorily dedicated fund account created in
15 the state treasury and designated as the Louisiana Duck License, Stamp, and Print
16 Dedicated Fund Account all amounts received pursuant to the Louisiana Duck
17 License, Stamp, and Print Program provided for in R.S. 56:151 et seq. and such other
18 funds as are specifically appropriated by the legislature. Monies deposited into the
19 account shall be categorized as fees and self-generated revenue for the sole purpose
20 of reporting related to the executive budget, supporting documents, and general
21 appropriation bills and shall be available for annual appropriation by the legislature.
22 * * *
23 (5) The monies in the Louisiana Duck License, Stamp, and Print Dedicated
24 Fund Account shall be used solely for the programs and purposes associated with the
25 Louisiana Duck License, Stamp, and Print Program as provided by R.S. 56:151 et
26 seq. in the amounts appropriated each year to the department by the legislature.
27 * * *
28 (7)(a) The monies in the Louisiana Wild Turkey Dedicated Fund Account
29 shall be used solely for the programs and purposes associated with the Louisiana
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1 Wild Turkey Program as provided by R.S. 56:161 56:164 et seq. in the amounts
2 appropriated each year to the department by the legislature.
3 * * *
4 D. All unexpended and unencumbered monies in the Louisiana Seafood
5 Promotion and Marketing Fund, the Oyster Development Fund, the Shrimp
6 Marketing and Promotion Fund, the Crab Promotion and Marketing Fund, the
7 Louisiana Duck License, Stamp, and Print Dedicated Fund Acccount, the Louisiana
8 Wild Turkey Dedicated Fund Account, and the Conservation Fund at the end of the
9 fiscal year shall remain in the respective funds. The monies in the these funds and
10 accounts shall be invested by the treasurer in the same manner as monies in the state
11 general fund. All interest earned on monies invested by the treasurer shall be
12 deposited in the respective funds or accounts. The state treasurer shall prepare and
13 submit to the department on a quarterly basis a printed report showing the amount
14 of money contained in the funds and accounts from all sources.
15 §10.1. Aquatic Plant Control Dedicated Fund Account; creation; uses
16 A. There is hereby created in the state treasury the Aquatic Plant Control
17 Dedicated Fund Account, hereafter referred to in this Section as the "account".
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 after a sufficient amount is allocated from that fund to pay all of the obligations
21 secured by the full faith and credit of the state which become due and payable within
22 any fiscal year, the treasurer shall pay into the Aquatic Plant Control Fund account
23 an amount equal to the monies received by the state treasury pursuant to the
24 provisions of R.S. 47:462(B)(2)(c) and R.S. 30:961(K). The monies in this fund the
25 account shall be used solely as provided in Subsection C of this Section and only in
26 the amount appropriated by the legislature. All unexpended and unencumbered
27 monies remaining in this fund the account at the end of the fiscal year shall remain
28 in the fund account. The monies in the fund account shall be invested by the state
29 treasurer in the same manner as monies in the state general fund and all returns of
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1 such investment shall be deposited to the fund account. Monies deposited into the
2 account shall be categorized as fees and self-generated revenue for the sole purpose
3 of reporting related to the executive budget, supporting documents, and general
4 appropriation bills and shall be available for annual appropriation by the legislature.
5 C. Subject to an annual appropriation by the legislature, the monies in the
6 Aquatic Plant Control Fund account shall be used solely by the office of fisheries,
7 Department of Wildlife and Fisheries, to fund the aquatic plant control program and
8 to fund cooperative research and public education efforts by the Department of
9 Wildlife and Fisheries and the Louisiana State University Agricultural Center
10 relative to aquatic weed control and eradication and aquatic invasive species control
11 and eradication. An amount not to exceed fifteen percent of the annual appropriation
12 shall be used to fund research and public education efforts relative to aquatic weed
13 control and eradication by the Louisiana State University Agricultural Center. The
14 funds appropriated pursuant to the provisions of this Section shall be in addition to
15 any other amounts appropriated by the legislature.
16 * * *
17 §164. Louisiana Wild Turkey Dedicated Fund Account; purposes
18 A. Funds received by the Department of Wildlife and Fisheries pursuant to
19 the sale of wild turkey licenses shall be placed in the Louisiana Wild Turkey
20 Dedicated Fund Account as provided by R.S. 56:10(B). Monies deposited into the
21 account shall be categorized as fees and self-generated revenue for the sole purpose
22 of reporting related to the executive budget, supporting documents, and general
23 appropriation bills and shall be available for annual appropriation by the legislature.
24 B. Subject to appropriation, the monies in the Louisiana Wild Turkey
25 Dedicated Fund Account shall be used:
26 * * *
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1 §700.2. Establishment, continuance, and purposes of fund; geographical coverage;
2 assessments
3 A. There is hereby established in the state treasury a Fishermen's Gear
4 Compensation Dedicated Fund Account, hereafter referred to in this Section as the
5 "account", into which amounts paid pursuant to this Section shall be deposited.
6 Monies deposited into the account shall be categorized as fees and self-generated
7 revenue for the sole purpose of reporting related to the executive budget, supporting
8 documents, and general appropriation bills and shall be available for annual
9 appropriation by the legislature. The fund account shall be available to the secretary
10 only for the following purposes:
11 (1) Administrative and personnel expenses of the fund account.
12 * * *
13 (3) Expenses necessary to implement an investigatory survey of existing
14 potential underwater obstructions which might be due to past drilling, production,
15 and transportation activities. Such survey shall be conducted in not more than three
16 geographical areas which are known to be hazardous as a result of underwater
17 obstructions, the locations and sizes of which shall be approved by the Senate
18 Committee on Natural Resources and the House Committee on Natural Resources
19 and Environment, meeting jointly, following a consensus of opinion relative thereto
20 rendered by commercial fishermen and the secretary. The purpose of the survey
21 shall be to reveal the location, size, and density of underwater obstructions, as well
22 as to test investigatory procedures, so as to provide field data and information which
23 might aid fishermen directly and which shall be used to design a program more
24 responsive to the needs of fishermen. Withdrawals from the fund account for the
25 purposes of surveying shall be limited to the one-time application described in this
26 Paragraph and shall not exceed one-fourth of the monies remaining in the fund at the
27 time that this Paragraph becomes effective.
28 * * *
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1 B. The Fishermen's Gear Compensation Fund account shall be established
2 for Louisiana territorial waters which overlie state-owned waterbottoms which are
3 contained within the coastal zone boundaries as described and established by R.S.
4 49:213.4.
5 C.(1) The fund shall be established within sixty days of the effective date of
6 this Part, at a level sufficient to meet administrative and personnel expenses of the
7 fund, including implementation of responsibilities set forth in R.S. 56:700.5, as well
8 as payment of justified claims made pursuant to this Part.
9 (2)(a) To create a workable balance immediately upon establishment of the
10 fund, the The secretary shall be authorized and empowered to levy a fee upon each
11 lessee of a state mineral lease and each grantee of a state right of way, for each lease
12 and right of way in effect at the time of the effective date of this Part and which are
13 located within the coastal zone boundary, in an amount of three hundred dollars. The
14 secretary shall not be authorized and empowered to levy the fee upon a political
15 subdivision of the state.
16 (b) The state treasurer shall be authorized to pay into the fund account a sum
17 in the amount of one hundred thousand dollars from proceeds remaining in the Bond
18 Security and Redemption Fund after compliance with dedications of mineral
19 royalties, leases, bonuses, and rights of way and other sums payable to the state as
20 lessor of mineral leases and grantor of rights of way as required pursuant to R.S.
21 30:136(B) and 136.1(A), (B), and (C), after a sufficient amount has been allocated
22 from the Bond Security and Redemption Fund to pay all obligations secured by the
23 full faith and credit of the state which become due and payable within the fiscal year.
24 D. In the same fiscal year during which the fund is established, and in each
25 fiscal year subsequent to that in which the fund is established, at any time that If the
26 balance of the fund account becomes two hundred fifty thousand dollars or less and
27 the secretary determines that additional monies are required to pay justified claims
28 and to cover necessary administrative costs of the program, the secretary shall be
29 authorized and empowered to replenish the fund account by levying additional fees
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1 on each lessee of a state mineral lease and each grantee of a state right of way, for
2 each lease or right of way in effect at the time of establishing the fee rate and which
3 are located within the coastal zone boundary. However, fees levied upon leases and
4 rights of way as provided herein shall be made on a per-unit basis at a level not to
5 exceed one thousand dollars per lease or right of way during any fiscal year.
6 * * *
7 §1703. The Louisiana State Parks Improvement and Repair Dedicated Fund
8 Account
9 A. There is hereby established in the state treasury a special statutorily
10 dedicated fund account to be known as the "Louisiana State Parks Improvement and
11 Repair Dedicated Fund Account", hereinafter referred to in this Section as the "fund"
12 "account". Monies deposited into the account shall be categorized as fees and self-
13 generated revenue for the sole purpose of reporting related to the executive budget,
14 supporting documents, and general appropriation bills and shall be available for
15 annual appropriation by the legislature.
16 B. Out of the funds remaining in the Bond Security and Redemption Fund
17 after a sufficient amount is allocated from that fund to pay all obligations secured by
18 the full faith and credit of the state that become due and payable within a fiscal year,
19 the treasurer in each fiscal year shall pay into the fund account all of the following:
20 * * *
21 C. Except as provided in Paragraph (B)(2) of this Section, the monies in the
22 fund account shall be used solely for the purpose of financing improvements and
23 repairs at state parks in the state and shall be allocated, subject to appropriation by
24 the legislature, as follows:
25 (1) Except as provided in R.S. 56:1704, fifty percent of the monies in the
26 fund account shall be allocated to each state park in an amount equal to fifty percent
27 of the amount of fees and other self-generated funds generated by that park.
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1 (2) Fifty percent of the monies in the fund account shall be allocated for use
2 throughout the state park system on the following priority need basis, as
3 recommended by the assistant secretary of the office of state parks:
4 * * *
5 D. All unexpended and unencumbered monies in the fund account at the end
6 of a fiscal year shall remain in the fund account and be available for appropriation
7 in the next fiscal year in the same manner as allocated herein. Monies in the fund
8 account shall be invested as provided by law. Interest earned on the investment of
9 monies in the fund account shall be credited to the state general fund.
10 * * *
11 §1705. Poverty Point Reservoir Development Dedicated Fund Account
12 A. The Poverty Point Reservoir Development Dedicated Fund Account,
13 hereinafter referred to as the "fund" "account", is hereby established as a special
14 dedicated fund account within the state treasury. Monies deposited into the account
15 shall be categorized as fees and self-generated revenue for the sole purpose of
16 reporting related to the executive budget, supporting documents, and general
17 appropriation bills and shall be available for annual appropriation by the legislature.
18 B. After satisfaction of the requirements of Article VII, Section 9(B) of the
19 Constitution of Louisiana with respect to the Bond Security and Redemption Fund,
20 the state treasurer shall each year deposit in and credit to the fund account an amount
21 equal to the total fees and self-generated revenues collected in that year from
22 activities of the Poverty Point Retirement Development Community and the Black
23 Bear Golf Course. Monies in the fund may be appropriated for support of the
24 operation, maintenance, improvement, and expansion of the Poverty Point
25 Retirement Development Community and the Black Bear Golf Course. Any
26 unexpended or unencumbered monies on deposit in the fund account at the end of
27 the fiscal year shall remain in the fund account. Monies in the fund account shall be
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1 invested in the same manner as those in the state general fund and interest earned on
2 such investment shall be deposited in and credited to the state general fund.
3 * * *
4 Section 17. R.S. 9:154.2, R.S. 41:1615, and 56:1706 and 1844 are hereby repealed
5in their entirety.
6 Section 18. The Louisiana Law Institute is hereby directed to make corrections to
7the Louisiana Revised Statutes of 1950 as necessary to conform to the provisions of Sections
83, 5 through 7, and 10 through 17 of this Act, including changing the names of funds
9amended in this Act and any internal references to such amended funds that exist within the
10statutes, including changing references to "fund" to "account" or "trust account" as
11necessary.
12 Section 19. The state treasurer is hereby authorized and directed to transfer to the
13state general fund any unencumbered balances remaining in the funds repealed pursuant to
14Section 17 of this Act, after satisfying the appropriations for Fiscal Year 2021-2022.
15 Section 20. On June 30, 2021, any remaining coronavirus relief funds received by
16the state pursuant to Section 5001 of the Coronavirus Aid, Relief, and Economic Security
17Act, P.L. 116-136, shall be transferred to the State Coronavirus Relief Fund.
18 Section 21.(A) The provisions of this Section and of Sections 1, 2, 4, 8, 9, and 20
19of this Act shall become effective upon signature by the governor or, if not signed by the
20governor, upon expiration of the time for bills to become law without signature by the
21governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed
22by the governor and subsequently approved by the legislature, this Act shall become
23effective on the day following such approval.
24 (B) The provisions of Sections 3, 5 through 7, and 10 through 19 of this Act shall
25become effective on July 1, 2022.
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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 515 Reengrossed 2021 Regular Session Zeringue
Abstract: Provides for the transfer, deposit, and use, as specified, of certain treasury funds.
Proposed law transfers 25% of the FY 2019-2020 surplus ($67,608,578) to the Budget
Stabilization Fund. Further transfers an additional $22,454,333 from FY 20-21 excess
revenues into the Budget Stabilization Fund.
Proposed law transfers $5,365,837 of state general fund (direct) into the Utility and Carrier
Inspection and Supervision Fund.
Proposed law transfers $658,274 of state general fund (direct) into the Telephonic
Solicitation Relief Fund.
Proposed law transfers $5,500,000 of state general fund (direct) into the Motor Fuels
Underground Storage Tank Trust Fund.
Proposed law transfers $16,963,667 of state general fund (direct) into the La. Wildlife and
Fisheries Conservation Fund.
Proposed law transfers $4,100,000 of state general fund (direct) into the Higher Education
Initiatives Fund.
Proposed law transfers $15,000,000 of state general fund (direct) into the State Emergency
Response Fund.
Proposed law transfers $7,689,837 of state general fund (direct) into the Major Events
Incentive Program Subfund of the Mega-Project Development Fund.
Proposed law transfers $5,000,000 of state general fund (direct) into the Voting Technology
Fund.
Proposed law transfers $2,000,000 of state general fund (direct) into the La. Fire Marshal
Fund.
Present law establishes multiple special treasury funds in the state treasury. Proposed law
converts certain of these present law funds into special dedicated fund accounts and provides
that monies deposited into such an account shall be categorized as fees and self-generated
revenue for the purposes of reporting related to the executive budget, the supporting
documents thereto, and general appropriations bills. The following is a list of funds
converted to "special dedicated fund accounts" by proposed law:
(1)Vital Records Conversion Fund
(2)La. State Parks Improvement and Repair Fund
(3)Poverty Point Reservoir Development Fund
(4)Right-of-Way Permit Processing Fund
(5)LTRC Transportation Training and Education Center Fund
(6)Insurance Fraud Investigation Fund
(7)Automobile Theft and Insurance Fraud Prevention Authority Fund
(8)Coastal Resources Trust Fund
(9)Fisherman's Gear Compensation Fund
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(10)Underwater Obstruction Removal Fund
(11)Oil and Gas Regulatory Fund
(12)Public Safety DWI Testing, Maintenance, and Training Fund
(13)Louisiana Towing and Storage Fund
(14)Concealed Handgun Permit Fund
(15)Right to Know Fund
(16)Liquefied Petroleum Gas Commission Rainy Day Fund
(17)Explosives Trust Fund
(18)Office of Motor Vehicles Customer Service and Technology Fund
(19)Criminal Identification and Information Fund
(20)Louisiana Life Safety and Property Protection Trust Fund
(21)Unified Carrier Registration Agreement Fund
(22)Industrialized Building Program Fund
(23)Insurance Verification System Fund
(24)Drivers License Escrow Fund
(25)Handling Fee Escrow Fund
(26)Waste Tire Management Fund
(27)Lead Hazard Reduction Fund
(28)Oyster Sanitation Fund
(29)Tax Commission Expense Fund
(30)Children's Trust Fund
(31)Louisiana Stadium and Exposition District License Plate Fund
(32)Louisiana Dusk License Stamp and Print Fund
(33)Louisiana Wild Turkey Stamp Fund
(34)Aquatic Plant Control Fund
(35)Motor Carrier Regulation Fund
(36)Louisiana Entertainment Development Fund
(37)Utility and Carrier Inspection and Supervision Fund
(38)Telephonic Solicitation Relief Fund
Present law establishes the La. Fire Marshal Fund (R.S. 22:835) and provides for deposit of
certain monies into the fund. Further provides that unexpended and unencumbered monies
in the fund at the end of the fiscal year are transferred to the state general fund. Proposed
law requires that such unexpended and unemcumbered monies remain in the fund at the end
of the fiscal year. Present law provides that interest earned on the investment of monies in
the fund shall be credited to the state general fund. Proposed law requires such interest
earnings be credited to the La. Fire Marshal Fund.
Proposed law establishes the La. Superdome Fund and provides for deposit of monies
received pursuant to certain lawsuits into the fund. Further provides that monies in the fund
be invested in the same manner as state general fund monies and unexpended and
unencumbered monies remaining at the end of the fiscal year shall remain in the fund.
Requires monies in the fund to be used by the La. Stadium and Exposition District for
planned upgrades to the New Orleans Superdome.
Proposed law requires the treasurer to transfer any remaining monies from the Coronavirus
Aid, Relief, and Economic Security (CARES) Act on June 30, 2021, to the State
Coronavirus Relief Fund (established in present law), including remaining CARES Act
balances in the Coronavirus Local Recovery Allocation Fund, the Louisiana Main Street
Recovery Fund, and the Critical Infrastructure Workers Hazard Pay Rebate Fund established
in present law.
Proposed law repeals the following funds: the Archaeological Curation Fund, the Audubon
Golf Trail Development Fund, the Geaux Pass Transition Fund, and the Scenic Rivers Fund.
Proposed law directs the La. Law Institute to make necessary corrections to references in
present law relative to funds converted to "dedicated fund accounts" by proposed law.
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Provisions in proposed law relative to the conversion of "special treasury funds" to "special
dedicated fund accounts" become effective June 30, 2022. All other provisions of proposed
law become effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 15:587(B) and 598, R.S. 22:835(C) and (F) and 2134(A), (B)(intro. para.), and
(C), R.S. 30:21(B)(2), 101.9(A)-(C) and (D)(intro. para.), 2351.41, 2380, and 2418(G), (I)(3)
and (4), (J), (M)(3) and (4), and (O)(3) and (5), R.S. 32:412.3, 429.2(A), (B), and (C)(intro.
para.), 868, 1526(B), and 1731, R.S. 39:100.43(L), 100.44(Q), and 100.48(C), R.S. 40:5.10,
39.1(B)(2), (3)(intro. para.), and (4), 1379.3.1(C) and (D), 1379.7(B), 1428(C), 1472.20(A),
1664.9(N), 1730.68, and 1849(D)(2), (3), (4)(intro. para.), and (5), R.S. 45:169.1,
844.14(A)(4), and 1177(B) and (C), R.S. 46:2403(A), (C), and (D)(1), R.S. 47:463.149(F)
and (G), 1835(B) and (D)(4), and 6007(C)(4)(h)(ii), (iii)(intro. para.), and (iv), R.S.
48:105.1(B) and (D), 381(G), 381.1(E), and 381.2(D) and (G)(1), R.S. 49:214.40(A) and (C),
R.S. 56:10(B)(1)(d), (5), and (7)(a) and (D), 10.1, 164(A) and (B)(intro. para.),
700.2(A)(intro. para.), (1), and (3) and (B)-(D), 1703(A), (B)(intro. para.), (C)(intro. para.),
(1), and (2)(intro. para.), and (D), and 1705(A) and (B); Adds R.S. 39:100.26; Removes R.S.
9:154.2, R.S. 41:1615, and R.S. 56:1706 and 1844)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Change certain present law funds from "special treasury funds" to "special
dedicated fund accounts"and provides that monies in these accounts are to be
categorized as fees and self-generated revenues for the purposes of reporting
related to the executive budget, supporting documents thereto, and general
appropriations bills.
2. Change the La. Fire Marshal Fund (R.S. 22:835) so that unexpended and
unencumbered monies in the fund at the end of the year remain in the fund rather
than reverting to the general fund. Further provides that interest earned on the
investment of monies in the fund shall be credited to the fund rather than the
state general fund.
3. Repeal the following funds:
(A)Archaeological Curation Fund.
(B)Audubon Golf Trail Development Fund.
(C)Geaux Pass Transition Fund.
(D)Scenic Rivers Fund.
4. Transfer an additional $22.5M to the Budget Stabilization Fund from FY 20-21
excess revenues.
5. Transfer an additional $5M into the State Emergency Response Fund.
6. Transfer remaining balances in the Coronavirus Local Recovery Allocation
Fund, the Louisiana Main Street Recovery Fund, and the Critical Infrastructure
Workers Hazard Pay Rebate Fund to the State Coronavirus Relief Fund on June
30, 2021.
7. Authorizes the La. Law Institute to make necessary corrections to the revised
statutes to conform to proposed law's conversion of certain funds to dedicated
fund accounts.
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The House Floor Amendments to the engrossed bill:
1. Remove the Motor Fuels Underground Storage Tank Trust Fund from proposed
law.
2. Delay until June 30, 2022, the effective date of proposed law conversion of funds
from "special treasury funds" to "special dedicated fund accounts".
3. Add $2,000,000 to the La. Fire Marshal Fund.
4. Transfer remaining monies from the Coronavirus Aid, Relief, and Economic
Security Act to the State Coronavirus Relief Fund.
5. Create the La. Superdome Fund for deposit of monies received from certain
lawsuits. Provide that monies in the fund will be used by the La. Stadium and
Exposition District for planned upgrades to the Superdome.
6. Make technical changes.
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