ENROLLED
ACT No. 114
2021 Regular Session
HOUSE BILL NO. 515
BY REPRESENTATIVE ZERINGUE AND SENATOR BARROW
1 AN ACT
2 To 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), 2195(B) through (E) and (F)(1) and (3)(e), 2351.41,
5 2380, and 2418(G), (I)(3) and (4), (J), (M)(3) and (4), and (O)(3) and (5), R.S.
6 32:412.3, 429.2(A), (B), and (C)(introductory paragraph), 868, 1526(B), and 1731,
7 R.S. 39:100.43(L), 100.44(Q), and 100.48(C), R.S. 40:5.10, 39.1(B)(2),
8 (3)(introductory paragraph), and (4), 1379.3.1(C) and (D), 1379.7(B), 1428(C),
9 1472.20(A), 1664.9(N), 1730.68, and 1849(D)(2), (3), (4)(introductory paragraph),
10 and (5), R.S. 45:169.1, 844.14(A)(4), and 1177(B) and (C), R.S. 46:2403(A), (C),
11 and (D)(1), R.S. 47:302.18(B), 463.149(F) and (G), 1835(B) and (D)(4), and
12 6007(C)(4)(h)(ii), (iii)(introductory paragraph), and (iv), R.S. 48:105.1(B) and (D),
13 381(G), 381.1(E), and 381.2(D) and (G)(1), R.S. 49:214.40(A) and (C), R.S.
14 56:10(B)(1)(d), (5), and (7)(a) and (D), 10.1, 164(A) and (B)(introductory
15 paragraph), 700.2(A)(introductory paragraph), (1), and (3) and (B) through (D),
16 1703(A), (B)(introductory paragraph), (C)(introductory paragraph), (1), and
17 (2)(introductory paragraph), and (D), and 1705(A) and (B), to enact Subpart H of
18 Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of
19 1950, to be comprised of R.S. 39:100.11, Subpart J of Part II-A of Chapter 1 of
20 Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, to be comprised of
21 R.S. 39:100.26, Subpart P of Part II-A of Chapter 1 of Subtitle I of Title 39 of the
22 Louisiana Revised Statutes of l 950, to be comprised of R.S. 39:100.71 and Subpart
23 P-3 of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised
24 Statutes of 1950, to be comprised of R.S. 39:100.101, and to repeal R.S. 9:154.2,
Page 1 of 54 HB NO. 515 ENROLLED
1 R.S. 41:1615, and R.S. 56:1706 and 1844, relative to certain treasury funds; to
2 provide for the transfer, deposit, and use, as specified, of monies in certain treasury
3 funds; to provide with respect to the reclassification of certain funds in the state
4 treasury as statutorily dedicated fund accounts; to provide for the elimination of
5 certain treasury funds; to provide for an effective date; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Notwithstanding any provision of law to the contrary, the state treasurer
9 is hereby authorized and directed to transfer $67,608,578, to be comprised wholly of
10 nonrecurring revenues out of the state general fund from the Fiscal Year 2019-2020 surplus,
11 as recognized by the Revenue Estimating Conference, to the Budget Stabilization Fund.
12 Section 2.(A) Notwithstanding any provision of law to the contrary, the state
13 treasurer is hereby authorized and directed to transfer $508,449 from the State General Fund
14 (Direct) into the Motor Carrier Regulation Fund.
15 (B) Notwithstanding any provision of law to the contrary, the state treasurer is
16 hereby authorized and directed to transfer $5,365,837 from the State General Fund (Direct)
17 into the Utility and Carrier Inspection and Supervision Fund.
18 (C) Notwithstanding any provision of law to the contrary, the state treasurer is
19 hereby authorized and directed to transfer $658,274 from the State General Fund (Direct)
20 into the Telephonic Solicitation Relief Fund.
21 (D) Notwithstanding any provision of law to the contrary, the state treasurer is hereby
22 authorized and directed to transfer $5,500,000 from the State General Fund (Direct) into the
23 Motor Fuels Underground Storage Tank Trust Fund.
24 (E) Notwithstanding any provision of law to the contrary, the state treasurer is
25 hereby authorized and directed to transfer $16,963,667 from the State General Fund (Direct)
26 into the Louisiana Wildlife and Fisheries Conservation Fund.
27 (F) Notwithstanding any provision of law to the contrary, the state treasurer is
28 hereby authorized and directed to transfer $4,100,000 from the State General Fund (Direct)
29 into the Higher Education Initiatives Fund.
Page 2 of 54 HB NO. 515 ENROLLED
1 (G) Notwithstanding any provision of law to the contrary, the state treasurer is
2 hereby authorized and directed to transfer $15,000,000 from the State General Fund (Direct)
3 into the State Emergency Response Fund.
4 (H) Notwithstanding any provision of law to the contrary, the state treasurer is
5 hereby authorized and directed to transfer $7,689,837 from the State General Fund (Direct)
6 into the Major Events Incentive Program Subfund of the Louisiana Mega-Project
7 Development Fund.
8 (I) Notwithstanding any provision of law to the contrary, the state treasurer is hereby
9 authorized and directed to transfer $5,000,000 from the State General Fund (Direct) into the
10 Voting Technology Fund.
11 (J) Notwithstanding any provision of law to the contrary, the state treasurer is hereby
12 authorized and directed to transfer $2,000,000 from the State General Fund (Direct) into the
13 Louisiana Fire Marshal Fund.
14 (K) Notwithstanding any provision of law to the contrary, the state treasurer is
15 hereby authorized and directed to transfer $39,500,000 from the Capital Outlay Savings
16 Fund into the Coastal Protection and Restoration Fund, for the following projects in the
17 specified amounts: Southwest Coastal Program (Cameron, Calcasieu, and Vermilion
18 Parishes), $3,000,000; Atchafalaya Basin Program (Multiple Parishes), $1,000,000;
19 Mid-Basin Diversion Land Acquisition (Plaquemines Parish), $4,500,000; Non-structural
20 Risk Reduction (Coastwide), $2,000,000; Rodere Canal water control structure (Iberia
21 Parish), $2,300,000; St. Mary Back Lakeside Flood Protection (St. Mary Parish),
22 $14,400,000; Restoration Partnerships (Coastwide), $1,000,000; East Rainey Marsh Creation
23 E&D (Vermilion Parish) 2017 MP Project 03b.MC.07, $2,000,000; Jefferson Parish
24 Bucktown Living Shoreline Project (Jefferson Parish), $3,500,000; LaBranche Shoreline
25 Protection Project E&D (St. Charles Parish) 2017 MP Project 001.SP.104, $1,000,000;
26 Manchac Landbridge Shoreline Protection Phase III (Tangipahoa Parish), $2,000,000; Bayou
27 Terre aux Boeuf Ridge Restoration Phase III (St. Bernard Parish), $1,300,000; and Grand
28 Isle Back Levee (Jefferson Parish), $1,500,000.
29 (L) Notwithstanding any provision of law to the contrary, the state treasurer is
30 hereby authorized and directed to transfer $13,500,000 from the State General Fund (Direct)
31 into the Capital Outlay Savings Fund.
Page 3 of 54 HB NO. 515 ENROLLED
1 Section 3. R.S. 15:587(B) and 598 are hereby amended and reenacted to read as
2 follows:
3 §587. Duty to provide information; processing fees; Louisiana Bureau of Criminal
4 Identification and Information
5 * * *
6 B.(1) The bureau may charge a processing fee of twenty-six dollars for
7 information provided to any agency or entity statutorily eligible to receive this
8 information, except another state or local law enforcement agency, pursuant to a
9 request to assist the agency in performing a screening function as part of any
10 regulatory or licensing scheme. Payment of the processing fee shall accompany the
11 request for such information and shall be deposited by the bureau immediately upon
12 receipt into the Criminal Identification and Information Dedicated Fund Account.
13 (2) The bureau may charge a processing fee of ten dollars for fingerprinting
14 of any individual. Payment of the processing fee shall accompany the request for
15 fingerprinting and shall be deposited by the bureau immediately upon receipt into the
16 Criminal Identification and Information Dedicated Fund Account.
17 * * *
18 §598. Criminal Identification and Information Dedicated Fund Account
19 All fees imposed and collected pursuant to R.S. 15:587 or any other provision
20 of law in this Chapter shall be forwarded upon receipt to the state treasurer for
21 immediate deposit into the state treasury. After compliance with the requirements
22 of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond
23 Security and Redemption Fund, and prior to monies being placed in the state general
24 fund, an amount equal to that deposited as required in this Section shall be credited
25 to a special statutorily dedicated fund account hereby created in the state treasury
26 designated as the Criminal Identification and Information Dedicated Fund Account.
27 All monies in this fund account shall annually be appropriated by the legislature to
28 the state police, may be withdrawn only pursuant to such appropriation, and shall be
29 used solely and exclusively by the state police to assist in carrying out the provisions
30 of this Chapter and for special law enforcement initiatives. Monies in the fund
31 account shall be invested by the state treasurer in the same manner as monies in the
Page 4 of 54 HB NO. 515 ENROLLED
1 state general fund. Interest earned on the investment of monies shall be credited to
2 this fund account following compliance with the requirements of Article VII, Section
3 9(B) relative to the Bond Security and Redemption Fund. All unexpended and
4 unencumbered monies in the fund account at the end of each fiscal year shall remain
5 in the fund account. Monies deposited into the account shall be categorized as fees
6 and self-generated revenue for the sole purpose of reporting related to the executive
7 budget, supporting documents, and general appropriation bills and shall be available
8 for annual appropriation by the legislature.
9 Section 4. R.S. 22:835(C) and (F) are hereby amended and reenacted to read as
10 follows:
11 §835. Fire marshal tax; Louisiana Fire Marshal Fund
12 * * *
13 C. After compliance with the requirements of Article VII, Section 9(B) of
14 the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,
15 and prior to monies being placed in the state general fund, an amount equal to that
16 deposited as required by Subsection B of this Section shall be credited to a special
17 fund hereby created in the state treasury to be known as the "Louisiana Fire Marshal
18 Fund", hereafter in this Section referred to as the "fund". The monies in this fund
19 shall be used solely as provided by Subsection D of this Section and only in the
20 amounts appropriated by the legislature. All unexpended and unencumbered monies
21 in the fund at the end of the fiscal year shall revert to the state general fund remain
22 in the fund. The monies in the fund shall be invested by the treasurer in the same
23 manner as monies in the state general fund, and interest earned on the investment of
24 these monies shall be credited to the state general fund, again, following compliance
25 with the requirement of Article VII, Section 9(B) relative to the Bond Security and
26 Redemption Fund fund.
27 * * *
28 F. Each year, after satisfaction of the provisions of Subsections C and D of
29 this Section, and before any unexpended or unencumbered monies in the Louisiana
30 Fire Marshal Fund shall revert to the state general fund, the state treasurer shall
Page 5 of 54 HB NO. 515 ENROLLED
1 transfer the amount of fifty thousand dollars to the Camp Minden Fire Protection
2 Fund as provided by R.S. 22:835.1.
3 * * *
4 Section 5. R.S. 22:2134(A), (B)(introductory paragraph), and (C) are hereby
5 amended and reenacted to read as follows:
6 §2134. Automobile Theft and Insurance Fraud Prevention Authority Dedicated
7 Fund Account
8 A. There is hereby established a special dedicated fund account in the state
9 treasury to be known as the "Automobile Theft and Insurance Fraud Prevention
10 Authority Dedicated Fund Account", hereafter referred to in this Section as the
11 "fund" "account", into which the state treasurer shall each fiscal year deposit the
12 revenues received from those sources provided for by this Part and other sources as
13 provided for by law after those revenues have been deposited in the Bond Security
14 and Redemption Fund. Out of the funds remaining in the Bond Security and
15 Redemption Fund after a sufficient amount is allocated from that fund to pay all
16 obligations secured by the full faith and credit of the state that become due and
17 payable within each fiscal year, the treasurer, prior to placing such funds in the state
18 general fund, shall pay into the fund account an amount equal to the revenue
19 generated from collection from those sources provided for by this Part and other
20 sources as provided for by law. No expenditures shall be made from the fund
21 account unless first appropriated by the legislature. The monies in the trust fund
22 account shall be invested by the state treasurer in the same manner as monies in the
23 state general fund. All interest earned on money from the fund account and invested
24 by the state treasurer shall be credited to the Automobile Theft and Insurance Fraud
25 Prevention Authority Fund account. Monies deposited into the account shall be
26 categorized as fees and self-generated revenue for the sole purpose of reporting
27 related to the executive budget, supporting documents, and general appropriation
28 bills and shall be available for annual appropriation by the legislature.
Page 6 of 54 HB NO. 515 ENROLLED
1 B. Any monies in the Automobile Theft and Insurance Fraud Prevention
2 Authority Fund account shall be administered only by the director of the authority,
3 upon a majority vote of the board, in the following order of priority:
4 * * *
5 C. All monies in the Automobile Theft and Insurance Fraud Prevention
6 Authority Fund account shall be used only to enhance fraud prevention efforts as
7 determined by the board.
8 * * *
9 Section 6. R.S. 30:21(B)(2), 101.9(A) through (C) and (D)(introductory paragraph),
10 2195(B) through (E) and (F)(1) and (3)(e), 2351.41, 2380, and 2418(G), (I)(3) and (4), (J),
11 (M)(3) and (4), and (O)(3) and (5) are hereby amended and reenacted to read as follows:
12 §21. Fees and charges of the commissioner of conservation; revisions; exceptions;
13 collections; Oil and Gas Regulatory Dedicated Fund Account; creation;
14 amounts; requirements
15 * * *
16 B.
17 * * *
18 (2)(a) There is hereby established a special statutorily dedicated fund
19 account in the state treasury to be known as the Oil and Gas Regulatory Dedicated
20 Fund Account, hereafter referred to as the "fund" "account". After deposit in the
21 Bond Security and Redemption Fund and after a sufficient amount is allocated from
22 that fund to pay all the obligations secured by the full faith and credit of the state that
23 become due and payable within each fiscal year, the treasurer shall pay into the fund
24 account an amount equal to the monies generated from collection of the fees
25 provided for in this Title, R.S. 40:1749.11 et seq., or Title 47 of the Louisiana
26 Revised Statutes of 1950, the rules and regulations promulgated thereunder, any
27 fines and civil penalties or any other provision of law relative to fees, fines, or civil
28 penalties attributable to the office of conservation, and fifty percent of any annual
29 assessment paid by an operator who chooses not to plug a well classified as inactive
30 with the remainder being deposited into the Oilfield Site Restoration Fund.
Page 7 of 54 HB NO. 515 ENROLLED
1 (b) Monies deposited into the account shall be categorized as fees and self-
2 generated revenue for the sole purpose of reporting related to the executive budget,
3 supporting documents, and general appropriation bills. The monies credited to the
4 fund account shall be appropriated by the legislature and dedicated solely to the use
5 of the office of conservation for the regulation of the oil and gas industry and other
6 industries under the jurisdiction of the office of conservation and shall be used solely
7 for the purposes of that program. Any monies remaining in the fund account at the
8 end of any fiscal year shall remain with the fund account and shall not revert to the
9 state general fund. All interest or earnings of the fund account shall be credited to
10 the fund account. All fees and self-generated revenue remaining on deposit for the
11 office of conservation at the end of any fiscal year shall be deposited into the fund
12 account. The amount appropriated from the fund account to the office of
13 conservation shall be subject to appropriation by the legislature.
14 (c) The provisions of Subtitle II of Title 47 of the Louisiana Revised Statutes
15 of 1950 shall apply to the administration, collection, and enforcement of the fees
16 imposed in this Section, and the penalties provided by that Subtitle shall apply to the
17 person who fails to pay or report the fee. Proceeds from the fee, including any
18 penalties collected in connection with the fee, shall be deposited into the fund
19 account.
20 * * *
21 §101.9. Underwater Obstruction Removal Dedicated Fund Account
22 A. There is hereby established a statutorily dedicated fund account in the
23 custody of the state treasurer to be known as the Underwater Obstruction Removal
24 Dedicated Fund Account, hereafter referred to in this Section as the "account", into
25 which the state treasurer shall, each fiscal year, deposit the revenues received from
26 the collection of the monies enumerated in Subsection C of this Section, after those
27 revenues have been deposited in the Bond Security and Redemption Fund. Out of the
28 funds remaining in the Bond Security and Redemption Fund, after a sufficient
29 amount is allocated from that fund to pay all the obligations secured by the full faith
30 and credit of the state that become due and payable within each fiscal year, the
31 treasurer shall pay into the Underwater Obstruction Removal Trust Fund account an
Page 8 of 54 HB NO. 515 ENROLLED
1 amount equal to the revenues generated as provided for in Subsection C of this
2 Section. Such funds shall constitute a special custodial trust fund account which
3 shall be administered by the secretary who shall make disbursements from the fund
4 account solely in accordance with the purposes and uses authorized by this Part.
5 B. The funds received shall be placed in the special trust fund in the custody
6 of the state treasurer account to be used only in accordance with this Part and shall
7 not be placed in the general fund. The funds shall only be used for the purposes set
8 forth in this Part and for no other governmental purposes, nor shall any portion
9 hereof ever be available to borrow from by any branch of government. It is the intent
10 of the legislature that this fund account shall remain intact and inviolate. Any
11 interest or earnings of the fund account shall be credited only to the fund account.
12 Monies deposited into this account shall be categorized as fees and self-generated
13 revenue for the sole purpose of reporting related to the executive budget, supporting
14 documents, and general appropriation bills and shall be available for annual
15 appropriation by the legislature.
16 C. The following monies shall be placed into the Underwater Obstruction
17 Removal Fund account:
18 (1) Private contributions.
19 (2) Interest earned on the funds deposited in the fund account.
20 (3) Any grants, donations, and sums allocated from any source, public or
21 private, for the purposes of this Part.
22 (4) Any monies deposited into the fund account pursuant to R.S.
23 56:700.2(A)(4).
24 D. The monies in the fund account may be disbursed and expended pursuant
25 to the authority and direction of the assistant secretary for the following purposes and
26 uses:
27 * * *
28 §2195. Motor Fuels Underground Storage Tank Dedicated Trust Fund Account
29 * * *
30 B. There is hereby established a special custodial trust statutorily dedicated
31 fund account in the state treasury to be known as the Motor Fuel Underground
Page 9 of 54 HB NO. 515 ENROLLED
1 Storage Tank Trust Dedicated Fund Account, hereafter referred to in this Chapter as
2 the "Tank Trust Fund Account", into which the state treasurer shall, each fiscal year,
3 deposit the revenues received from the collection of the fees as established in R.S.
4 30:2195.3(A)(1)(a) and (B). The secretary is authorized pursuant to Article VII,
5 Section 9(A) of the Constitution of Louisiana and R.S. 30:2031 to enter into an
6 agreement with a private legal entity to receive and administer the Tank Trust Fund
7 Account for the purpose of providing financial responsibility for underground motor
8 fuel storage tanks. On an annual basis, all owners of registered tanks shall remit to
9 the department a tank registration fee of sixty dollars for each tank. The revenue
10 from the tank registration fees shall be deposited directly into the Environmental
11 Trust Account as provided by R.S. 30:2015 and utilized for underground storage tank
12 activities only, and any deviation from the aforesaid shall be documented and
13 reported to the House Committee on Natural Resources and Environment and the
14 Senate Committee on Environmental Quality. Revenues received from annual
15 maintenance and monitoring fees, other than those established in R.S. 30:2195.3(B),
16 shall be deposited into the Environmental Trust Account. The department shall
17 promulgate rules and regulations for the implementation of this Section in
18 accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
19 C. Monies so deposited in the Environmental Trust Account shall be used
20 to defray the cost to the state of administering the underground storage tank program
21 and the cost of investigation, testing, containment, control, and cleanup of releases
22 from underground storage tanks containing regulated substances. Only monies
23 recovered pursuant to R.S. 30:2195.2(A)(2) and deposited in the Tank Trust Fund
24 Account may be used for the loans authorized by R.S. 30:2195.12(E). These monies
25 shall also be used to provide money or services as the state share of matching funds
26 for federal grants involving underground storage tanks. At the end of each fiscal
27 year, all monies that were deposited into the Environmental Trust Account from the
28 fees established in R.S. 30:2195.3(A)(1)(a) and (B) which remain unspent, including
29 all accrued interest, shall be transferred to the Tank Trust Fund Account.
30 D. The funds placed in the Tank Trust Fund Account shall only be used in
31 accordance with the terms and conditions of R.S. 30:2194 through 2195.9 and shall
Page 10 of 54 HB NO. 515 ENROLLED
1 not be placed in the general fund but shall be subject to the appropriation process of
2 the legislature. The monies in the Tank Trust Fund Account shall be invested by the
3 state treasurer in the same manner as monies in the state general fund. Monies
4 deposited into this account shall be categorized as fees and self-generated revenue
5 for the sole purpose of reporting related to the executive budget, supporting
6 documents, and general appropriation bills and shall be available for annual
7 appropriation by the legislature.
8 E. Annually, the department shall prepare a report for the House Committee
9 on Natural Resources and Environment and the Senate Committee on Environmental
10 Quality of all disbursements of monies from the Tank Trust Fund Account and the
11 Environmental Trust Account. The report shall include all loans made from the Tank
12 Trust Fund Account, the number of sites actively seeking reimbursement from the
13 Tank Trust Fund Account as of June thirtieth of each year, the number of sites
14 deemed eligible for the Tank Trust Fund Account during the previous fiscal year, and
15 the number of sites that have been granted "No Further Action", and the department
16 has received the last application for reimbursement during the previous fiscal year.
17 Regarding disbursements from the Tank Trust Fund Account as provided by R.S.
18 30:2195.2, the report shall include a list of all reimbursements, all pending
19 reimbursements, the date the application was made for reimbursement, and the date
20 reimbursement was made by the department. The report shall be delivered to the
21 respective legislative committees no later than March first of each year.
22 F.(1) All interest monies earned by the Motor Fuels Underground Storage
23 Tank Trust Fund Account and all monies received from payments that are the result
24 of cost recovery efforts shall be used for the closure of abandoned motor fuel
25 underground storage tanks, assessment and remediation of property contaminated by
26 abandoned motor fuel underground storage tanks, and the loans authorized by R.S.
27 30:2195.12(E).
28 * * *
29 (3) A tank may be declared to be an abandoned motor fuel underground
30 storage tank by the secretary upon a finding that all of the following apply to the site:
31 * * *
Page 11 of 54 HB NO. 515 ENROLLED
1 (e) The release at the site is not eligible for the Motor Fuels Underground
2 Storage Tank Trust Fund Tank Trust Account or the secretary has determined that
3 action by the department is the most timely and efficient way to address conditions
4 at the site.
5 * * *
6 PART III. LEAD HAZARD REDUCTION DEDICATED FUND ACCOUNT
7 §2351.41. Lead Hazard Reduction Dedicated Fund Account
8 A. There is hereby created within the state treasury a special statutorily
9 dedicated fund account designated as the Lead Hazard Reduction Dedicated Fund
10 Account, hereafter referred to in this Part as the "account". Funds received under
11 pursuant to the provisions of this Part shall be deposited into the state treasury.
12 B. After compliance with the requirements of Article VII, Section 9(B) of
13 the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,
14 and prior to monies being placed in the state general fund, an amount equal to that
15 deposited as required by Subsection A of this Section shall be credited to a special
16 fund hereby created in the state treasury to be known as the "Lead Hazard Reduction
17 Fund" the account. The monies in this fund account shall be used solely as provided
18 in Subsection C of this Section. All unexpended and unencumbered monies in this
19 fund the account at the end of the fiscal year shall remain in the fund account. The
20 monies in this fund the account shall be invested by the state treasurer in the same
21 manner as monies in the state general fund, and interest earned on the investment of
22 these monies shall be credited to the fund account. Monies deposited into the
23 account shall be categorized as fees and self-generated revenue for the sole purpose
24 of reporting related to the executive budget, supporting documents, and general
25 appropriation bills and shall be available for annual appropriation by the legislature.
26 C. The monies in the Lead Hazard Reduction Fund account shall be used
27 solely for the purpose of funding the programs and activities provided for in this
28 Chapter, as determined by the secretary.
29 * * *
Page 12 of 54 HB NO. 515 ENROLLED
1 §2380. Right-to-Know Dedicated Fund Account
2 A. Subject to the exceptions contained in Article VII, Section 9 of the
3 Constitution of Louisiana, all monies collected under pursuant to R.S. 30:2373 shall
4 be paid into the state treasury and shall be credited to the Bond Security and
5 Redemption Fund. Out of the funds remaining in the Bond Security and Redemption
6 Fund, after a sufficient amount is allocated from that fund to pay all obligations
7 secured by the full faith and credit of the state which become due and payable within
8 a fiscal year, the treasurer shall, prior to placing such remaining funds in the state
9 general fund, pay into a special statutorily dedicated fund account, which is hereby
10 created in the state treasury and designated as the "Right-to-Know Dedicated Fund
11 Account", hereinafter referred to as the fund "account", an amount equal to all
12 monies collected under pursuant to R.S. 30:2373. The fund balance in the account
13 shall not exceed two million dollars. Any monies in excess of that amount shall
14 revert to the general fund. Monies deposited into the account shall be categorized
15 as fees and self-generated revenue for the sole purpose of reporting related to the
16 executive budget, supporting documents, and general appropriation bills and shall
17 be available for annual appropriation by the legislature.
18 B. Monies in the fund account shall be paid to the deputy secretary on his
19 warrant and shall be used to develop the Louisiana Chemical Network (LCN), a
20 statewide centralized inventory and release reporting system. This centralized
21 reporting system is intended to eliminate duplication in reporting requirements,
22 develop centralized data management, and provide processed data to all parishes via
23 the local emergency planning committees (LEPCs). The department shall have the
24 responsibility to develop a centralized data distribution system and provide the local
25 emergency planning committees with the necessary equipment, software, and
26 training to support its application. The monies in the fund account shall be dedicated
27 to equipment acquisition and personnel training for LEPCs and for the department
28 to properly staff the centralized data management functions. The deputy secretary
29 shall adopt the necessary rules and regulations to administer this system.
30 * * *
Page 13 of 54 HB NO. 515 ENROLLED
1 §2418. Waste tires; Waste Tire Management Dedicated Fund Account
2 * * *
3 G. There is hereby established a statutorily dedicated fund account in the
4 state treasury to be known as the "Waste Tire Management Dedicated Fund
5 Account", hereafter referred to in this Section as the "account". Any fees collected,
6 pursuant to the secretary's rules and regulations, on the sale of tires, and any other
7 appropriations, gifts, grants, or other monies received by the Department of
8 Environmental Quality for the credit of the Waste Tire Management Fund account,
9 shall be remitted to the state treasury and credited to the Bond Security and
10 Redemption Fund, as provided by the laws of this state and the Constitution of
11 Louisiana. After a sufficient amount is allocated from the Bond Security and
12 Redemption Fund to pay all obligations secured by the full faith and credit of the
13 state which become due and payable within any fiscal year, the treasurer shall pay
14 into the Waste Tire Management Fund account an amount equal to the total amount
15 previously deposited into the treasury. All interest earned on money from this fund
16 the account and invested by the state treasurer shall be credited to the fund account.
17 The monies of the fund in the account shall be administered by the secretary solely
18 for the purposes of solving the state's waste tire problem. No monies from the fund
19 account shall be used to provide payments to waste tire processors for processing
20 tires that are generated in Louisiana when those tires are processed in any other state.
21 Monies deposited into the account shall be categorized as fees and self-generated
22 revenue for the sole purpose of reporting related to the executive budget, supporting
23 documents, and general appropriation bills and shall be available for annual
24 appropriation by the legislature.
25 * * *
26 I.
27 * * *
28 (3)(a) In the event the balance of the fund account is insufficient to meet the
29 obligations to waste tire processors provided for in Paragraph (2) of this Subsection,
30 the department, after meeting all payments required by law, shall pay any undisputed
31 obligations in a pro rata share to waste tire processors having a standard permit when
Page 14 of 54 HB NO. 515 ENROLLED
1 the request for payment was submitted. Any remaining undisputed obligations
2 which would have been paid to waste tire processors but for the insufficiency of the
3 Waste Tire Management Fund account shall be paid from future surplus funds in the
4 Waste Tire Management Fund account as provided in Subparagraph (b) of this
5 Paragraph. However, beginning August 1, 2013, such payments shall be applied in
6 priority from the earliest incurred undisputed obligation to the most current
7 undisputed obligation.
8 (b) In the event the fund account has a surplus after meeting all obligations
9 of the fund account for the month, including any payments required by law, such
10 surplus shall be distributed in a pro rata share to those waste tire processors having
11 a standard permit when the request for payment was submitted and for whom there
12 are unpaid obligations of the fund account, excluding any disputed amounts. Such
13 surplus shall be processed for payment by the department within fifteen days after
14 the end of the month in which the surplus arose.
15 (c) For purposes of this Section, "undisputed obligations" means those waste
16 tire material payments which should have been paid by the department to a waste tire
17 processor since January 1, 2003, but which have not been paid due to the
18 insufficiency of the Waste Tire Management Fund account.
19 (4) If litigation relating to fund account payments in dispute prior to March
20 1, 2004, is resolved through final judgment or settlement, the secretary shall pay
21 from the fund account the portion of such final judgment or settlement which
22 represents previously disputed fund account payments within one hundred eighty
23 days of the judgment or settlement. This Subsection shall not be construed to limit
24 or condition the right of the judgment creditor or obligee under the settlement
25 agreement to obtain payment in satisfaction of the judgment or settlement from any
26 source authorized by law.
27 J. The secretary or his designee shall submit an annual report to the president
28 of the Senate, the speaker of the House of Representatives, the Senate Committee on
29 Environmental Quality, and to the House Committee on Natural Resources and
30 Environment and appear before a joint meeting of the House Committee on Natural
31 Resources and Environment and the Senate Committee on Environmental Quality
Page 15 of 54 HB NO. 515 ENROLLED
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 * * *
29 O.
30 * * *
Page 16 of 54 HB NO. 515 ENROLLED
1 (3) Proceeds from the collection of the fees and any fines, penalties, interest,
2 and costs collected in connection with the fees shall be deposited into the Waste Tire
3 Management Fund account to be used to administer the waste tire program
4 authorized by this Section.
5 * * *
6 (5) In addition to the authority and collection procedure provided for in this
7 Subsection, the secretary has the authority to impose upon any person failing to
8 timely remit fees imposed by this Section, a delinquent fee of ten percent of the
9 unpaid fee or twenty-five dollars, whichever is greater. A delinquent fee of twenty-
10 five dollars may also be imposed upon any person failing to timely submit a monthly
11 waste tire fee report required by any rule or regulation promulgated pursuant to this
12 Section. Proceeds from the collection of the fees authorized by this Paragraph shall
13 be used for special waste tire projects as determined by the secretary. Any such
14 proceeds remaining at the end of the fiscal year that have not been used for special
15 projects shall be deposited in the Waste Tire Management Fund account.
16 Section 7. R.S. 32:412.3, 429.2(A), (B), and (C)(introductory paragraph), 868,
17 1526(B), and 1731 are hereby amended and reenacted to read as follows:
18 §412.3. Office of Motor Vehicles Driver's License Escrow Dedicated Fund
19 Account; Office of Motor Vehicles Handling Fee Escrow Dedicated Fund
20 Account
21 A. There is are hereby created, as special statutorily dedicated fund accounts
22 funds in the state treasury, the Office of Motor Vehicles Driver's License Escrow
23 Dedicated Fund Account, hereafter referred to as the "License Fund Account" and
24 the Office of Motor Vehicles Handling Fee Escrow Dedicated Fund Account,
25 hereafter referred to as the "Handling Fee Account".
26 B.(1) After compliance with the requirements of Article VII, Section 9(B)
27 of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
28 and after a sufficient amount is allocated from that fund to pay all of the obligations
29 secured by the full faith and credit of the state which become due and payable within
30 any fiscal year, the treasurer shall pay an amount equal to one third of the monies
31 received by the state treasury pursuant to the provisions of R.S. 32:412 into the
Page 17 of 54 HB NO. 515 ENROLLED
1 Office of Motor Vehicles Driver's License Escrow Fund License Fund Account. The
2 monies in this fund account shall be used solely as provided in Subsection D of this
3 Section. All unexpended and unencumbered monies in this fund account at the end
4 of the fiscal year shall remain in the fund account to cover under collections in any
5 subsequent fiscal year. The monies in the fund account shall be invested by the state
6 treasurer in the same manner as monies in the state general fund and shall be
7 deposited into the state general fund. Monies deposited into the License Fund
8 Account shall be categorized as fees and self-generated revenue for the sole purpose
9 of reporting related to the executive budget, supporting documents, and general
10 appropriation bills and shall be available for annual appropriation by the legislature.
11 (2) The calculation required under the provisions of Subsection D of this
12 Section shall be made prior to the distribution to the board of trustees of the police
13 pension funds of the city of New Orleans, the Louisiana State Police Retirement
14 System Fund, and the Conservation Fund under the provisions of R.S. 56:10(B)(15).
15 C. After compliance with the requirements of Article VII, Section 9(B) of
16 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
17 and after a sufficient amount is allocated from that fund to pay all of the obligations
18 secured by the full faith and credit of the state which become due and payable within
19 any fiscal year, the treasurer shall pay an amount equal to one third of the monies
20 received by the state treasury pursuant to the provisions of R.S. 32:412.1 into the
21 Office of Motor Vehicles Handling Fee Escrow Fund Handling Fee Account. The
22 monies in this fund account shall be used solely as provided in Subsection E of this
23 Section. All unexpended and unencumbered monies in this fund account at the end
24 of the fiscal year shall remain in the fund account to cover under collections in any
25 subsequent fiscal year. The monies in the fund account shall be invested by the state
26 treasurer in the same manner as monies in the state general fund and shall be
27 deposited into the state general fund. Monies deposited into the Handling Fee
28 Account shall be categorized as fees and self-generated revenue for the sole purpose
29 of reporting related to the executive budget, supporting documents, and general
30 appropriation bills and shall be available for annual appropriation by the legislature.
Page 18 of 54 HB NO. 515 ENROLLED
1 D. Of the monies placed in escrow in the Office of Motor Vehicles Driver's
2 License Escrow Fund License Fund Account, one-half shall be appropriated in Fiscal
3 Years 2020, 2026, and 2032 and one-half shall be appropriated in Fiscal Years 2021,
4 2027, and 2033.
5 E.(1) Of the monies placed in escrow in the Office of Motor Vehicles
6 Handling Fee Escrow Fund Handling Fee Account, one-half shall be appropriated
7 in Fiscal Years 2020, 2026, and 2032 and one-half shall be appropriated in Fiscal
8 Years 2021, 2027, and 2033.
9 (2) Of the monies appropriated under pursuant to the provisions of this
10 Subsection, sixty-eight and seventy-five one-hundredths percent of the funds shall
11 be allocated to self-generated revenue and thirty-one and twenty-five one-hundredths
12 percent of the funds shall be allocated to the Office of Motor Vehicles Customer
13 Service and Technology Dedicated Fund Account.
14 * * *
15 §429.2. Office of Motor Vehicles Customer Service and Technology Dedicated
16 Fund Account; uses of the monies
17 A. There is hereby created, as a special statutorily dedicated fund account
18 in the state treasury, the Office of Motor Vehicles Customer Service and Technology
19 Dedicated Fund Account, hereafter referred to in this Section as the "account".
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 after a sufficient amount is allocated from that fund to pay all of the obligations
23 secured by the full faith and credit of the state which become due and payable within
24 any fiscal year, the treasurer shall pay an amount equal to the monies received by the
25 state treasury pursuant to the provisions of R.S. 32:412.1(C), 707.2(C)(4), and
26 728(10) into the Office of Motor Vehicles Customer Service and Technology Fund
27 account. The monies in this fund the account shall be used solely as provided in
28 Subsection C of this Section and only in the amounts appropriated by the legislature.
29 All unexpended and unencumbered monies in this fund the account at the end of the
30 fiscal year shall remain in the fund account. The monies in the fund account shall
31 be invested by the state treasurer in the same manner as monies in the state general
Page 19 of 54 HB NO. 515 ENROLLED
1 fund and shall be deposited into the state general fund. 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 Office of Motor Vehicles Customer Service and Technology Fund account shall be
7 used solely for the following:
8 * * *
9 §868. Funding of real-time system to verify motor vehicle insurance; Insurance
10 Verification System Dedicated Fund Account; creation
11 A. Of the reinstatement fees assessed in R.S. 32:863(A)(3)(a), an amount of
12 seventy-five dollars from each reinstatement fee levied for lack of required security
13 up to thirty days, one hundred fifty dollars from each reinstatement fee levied for
14 lack of required security between thirty-one days and ninety days, and three hundred
15 dollars from each reinstatement fee levied for lack of security for in excess of ninety
16 days, and of the reinstatement fees assessed in R.S. 32:863.1(C)(1)(c) and (I)(3) an
17 amount of fifty dollars from each first offense and one hundred dollars from each
18 second offense, shall be, after first having been credited to the Bond Security and
19 Redemption Fund as required by Article VII, Section 9(B) of the Louisiana
20 Constitution, deposited into the Insurance Verification System Dedicated Fund
21 Account.
22 B. There is hereby created in the state treasury a special statutorily dedicated
23 fund account designated as the Insurance Verification System Dedicated Fund
24 Account, hereinafter referred to as the "fund" "account". Monies in the fund account
25 shall be invested in the same manner as monies in the state general fund. Interest
26 earned on investment of monies in the fund account shall be deposited in and
27 credited to the fund account. The monies in this fund account shall be used solely as
28 provided for in this Section and only in the amounts appropriated by the legislature.
29 Unexpended and unencumbered monies in the fund account shall remain in the fund
30 account. Monies deposited into the account shall be categorized as fees and self-
31 generated revenue for the sole purpose of reporting related to the executive budget,
Page 20 of 54 HB NO. 515 ENROLLED
1 supporting documents, and general appropriation bills and shall be available for
2 annual appropriation by the legislature. Monies in the fund account shall be used in
3 amounts appropriated by the legislature as follows:
4 (1) For Fiscal Year 2014-2015, monies in the fund shall be used as follows:
5 (a) First, to fully fund the creation and maintenance of the real-time system
6 to verify motor vehicle insurance authorized by R.S. 32:863.2(F).
7 (b) The next forty-two million dollars shall be dedicated to the Department
8 of Public Safety and Corrections, office of state police.
9 (c) The remainder of deposits shall be used for public safety and law
10 enforcement purposes.
11 (2) For Fiscal Year 2015-2016 and each fiscal year thereafter, monies in the
12 fund account shall be used as follows:
13 (a) First, to fully fund the annual maintenance of the real-time system to
14 verify motor vehicle insurance authorized by R.S. 32:863.2(F).
15 (b) Next, the amount needed to fund the increase in the costs of salaries and
16 related benefits associated with the pay plan adopted by the State Police
17 Commission, not to exceed forty-two million dollars per year, shall be dedicated to
18 the Department of Public Safety and Corrections, office of state police.
19 (c) In the event House Bill No. 562 of the 2014 Regular Session of the
20 Legislature is enacted into law, the next seven million dollars per year shall be used
21 to fund the housing of parolees who are detained in sheriffs' jails pending their
22 revocation hearing as provided in R.S. 15:824(B)(1)(e)(ii).
23 (d) The next one million dollars per year shall be used to provide additional
24 funding to district attorneys and assistant district attorneys, specifically to fund
25 additional assistant district attorneys beginning in 2015.
26 (e) The remainder of monies in the fund account shall be used for public
27 safety and law enforcement purposes.
28 (3) (2) Funds from the Insurance Verification System Fund account shall not
29 be used to pay any costs associated with the implementation of a system for the
30 issuance of REAL ID compliant drivers' licenses and special identification cards.
31 * * *
Page 21 of 54 HB NO. 515 ENROLLED
1 §1526. Unified Carrier Registration Agreement; enforcement; disposition of money
2 collected; Unified Carrier Registration Agreement Dedicated Fund Account
3 * * *
4 B.(1) All revenue collected by or distributed to the department under the
5 Unified Carrier Registration Agreement shall be deposited upon receipt into the state
6 treasury. Out of the funds remaining in the Bond Security and Redemption Fund
7 after a sufficient amount is allocated from that fund to pay all obligations secured by
8 the full faith and credit of the state that become due and payable during a fiscal year
9 as provided for in Article VII, Section 9(B) of the Constitution of Louisiana, the
10 treasurer shall each fiscal year deposit into a special statutorily dedicated fund
11 account hereby created in the state treasury, to be known as the Unified Carrier
12 Registration Agreement Dedicated Fund Account, hereafter referred to in this
13 Section as the "account", an amount equal to the total amount received by the
14 treasurer pursuant to this Subsection. Monies deposited into the account shall be
15 categorized as fees and self-generated revenue for the sole purpose of reporting
16 related to the executive budget, supporting documents, and general appropriation
17 bills and shall be available for annual appropriation by the legislature.
18 (2) All unexpended and unencumbered money in the fund account at the end
19 of a fiscal year shall remain in the fund account and shall be available for use in the
20 next fiscal year as provided for in this Subsection. Money in the fund account shall
21 be invested as provided by law, and any interest earned on such investments shall be
22 credited to the fund account after compliance with the provisions of Article VII,
23 Section 9(B) of the Constitution of Louisiana.
24 (3) The money in the fund account shall be used each fiscal year solely and
25 exclusively by the department, except as provided for in Paragraph (2) of this
26 Subsection, for motor carrier safety programs, enforcement, or the administration of
27 the Unified Carrier Registration Plan and the Unified Carrier Registration Agreement
28 as required by the Unified Carrier Registration Act of 2005.
29 * * *
Page 22 of 54 HB NO. 515 ENROLLED
1 §1731. The Louisiana Towing and Storage Dedicated Fund Account
2 All fees and fines collected under pursuant to the provisions of this Chapter
3 shall be paid into the state treasury on or before the twenty-fifth day of the month
4 following their collection and, in accordance with Article VII, Section 9 of the
5 Constitution of Louisiana, shall be credited to the Bond Security and Redemption
6 Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after
7 a sufficient amount is allocated therefrom to pay all obligations secured by the full
8 faith and credit of the state which become due and payable within each fiscal year,
9 the treasurer shall pay an amount equal to the total amount of funds paid into the
10 treasury into a special statutorily dedicated fund account, which is hereby created in
11 the state treasury and designated as the "Louisiana Towing and Storage Dedicated
12 Fund Account", hereafter referred to as the "account". All funds collected or
13 received pursuant to this Chapter and deposited in the Louisiana Towing and Storage
14 Fund account shall be administered by the deputy secretary of public safety services.
15 The fund account shall be used solely to fund personnel positions and the activities
16 and enforcement of this Chapter by the office of state police and only in the amount
17 appropriated by the legislature with all remaining funds to be deposited in the state
18 general fund. Monies deposited into the account shall be categorized as fees and
19 self-generated revenue for the sole purpose of reporting related to the executive
20 budget, supporting documents, and general appropriation bills and shall be available
21 for annual appropriation by the legislature.
22 Section 8. Subpart J of Part II-A of Chapter 1 of Subtitle I of Title 39 of the
23 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.26, is hereby enacted to read
24 as follows:
25 SUBPART J. LOUISIANA SUPERDOME FUND
26 §100.26. Louisiana Superdome Fund; purpose
27 A. There is hereby created in the state treasury, as a special fund, the
28 "Louisiana Superdome Fund", hereinafter referred to in this Section as the "fund".
29 B. Notwithstanding any provision of law to the contrary, the proceeds
30 received by the state and the Louisiana Stadium and Exposition District from the
31 final disposition of the following pending matters: Jazz Casino Company, LLC v.
Page 23 of 54 HB NO. 515 ENROLLED
1 Secretary, Department of Revenue, State of Louisiana, 19th JDC, Docket No.
2 597,371; Jazz Casino Company, LLC v. Secretary, Department of Revenue, State of
3 Louisiana, 19th JDC, Docket 622,075; Jazz Casino Company, LLC v. Secretary,
4 Department of Revenue, State of Louisiana, BTA Docket 9562D; JCC Fulton
5 Development, LLC v. Secretary, Department of Revenue, State of Louisiana, 19th
6 JDC, Docket No. 597,372; JCC Fulton Development, LLC v. Secretary, Department
7 of Revenue, State of Louisiana, 19th JDC, Docket No. 622,076; JCC Fulton
8 Development, LLC v. Secretary, Department of Revenue, State of Louisiana, BTA
9 Docket No. 9562D; and Secretary, Department of Revenue, State of Louisiana v.
10 Jazz Casino Company, LLC and JCC Fulton Development, LLC, 19th JDC, Docket
11 No. 670,597 (hereinafter the "Jazz Casino Litigation"), shall be deposited into the
12 fund. No proceeds shall be deposited into the fund resulting from the Jazz Casino
13 Litigation that are attributable to outstanding debt secured by and payable from such
14 proceeds, court costs, or attorney's fees.
15 C. Monies in the fund shall be invested in the same manner as monies in the
16 state general fund. Interest earned on investment of monies in the fund shall be
17 credited to the fund. Unexpended and unencumbered monies in the fund at the end
18 of the fiscal year shall remain in the fund.
19 D. Monies in the fund shall be used exclusively to partially defray the cost
20 of upgrades to certain state facilities by the Louisiana Stadium and Exposition
21 District.
22 Section 9. R.S. 39:100.43(L), 100.44(Q), and 100.48(C) are hereby amended and
23 reenacted to read as follows:
24 §100.43. Coronavirus Local Recovery Allocation Program
25 * * *
26 L. Any unobligated balance in the fund on December 1, 2020 June 30, 2021,
27 shall be transferred to the State Coronavirus Relief Fund.
28 §100.44. Louisiana Main Street Recovery Program
29 * * *
Page 24 of 54 HB NO. 515 ENROLLED
1 Q. Any unobligated balance in the fund on December 1, 2020 June 30, 2021,
2 shall be transferred to the State Coronavirus Relief Fund.
3 * * *
4 §100.48. Critical Infrastructure Workers Hazard Pay Rebate Fund
5 * * *
6 C. Monies in the rebate fund shall be appropriated to the state treasurer to be
7 used to provide a one-time hazard pay rebate to essential critical infrastructure
8 workers as provided in Act No. 12 of the 2020 First Extraordinary Session of the
9 Legislature. Any unobligated balance in the rebate fund on June 30, 2021, shall be
10 transferred to the State Coronavirus Relief Fund.
11 Section 10. R.S. 40:5.10, 39.1(B)(2), (3)(introductory paragraph), and (4),
12 1379.3.1(C) and (D), 1379.7(B), 1428(C), 1472.20(A), 1664.9(N), 1730.68, and 1849(D)(2),
13 (3), (4)(introductory paragraph), and (5) are hereby amended and reenacted to read as
14 follows:
15 §5.10. Oyster Sanitation Dedicated Fund Account
16 A. There is hereby established a special statutorily dedicated fund account
17 in the state treasury to be known as the Oyster Sanitation Dedicated Fund Account,
18 hereinafter referred to as the "fund" "account". The fund account shall consist of
19 monies received by virtue of the surcharge assessed pursuant to R.S. 30:2075.1, such
20 monies as may be appropriated to it by the legislature, and monies received by the
21 fund from grants and donations. 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 B. Monies in the fund account shall be invested by the state treasurer in
26 accordance with the law, and shall comply with the provisions of Article VII, Section
27 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption
28 Fund. Subject to Article VII, Section 9, the investment earnings on account monies
29 shall be credited to the fund account. The treasurer shall advise the governor and the
30 legislature of the status of the fund account thirty days prior to each regular session
31 of the legislature and at any other time upon their request.
Page 25 of 54 HB NO. 515 ENROLLED
1 C. Upon request of the secretary of either department named herein, and
2 pursuant to appropriation by the legislature, the treasurer shall disburse monies from
3 the fund account to the Louisiana Department of Health and/or or the Department of
4 Wildlife and Fisheries for projects or measures that protect, enhance, or restore
5 sanitary conditions directly related to the molluscan shellfish industry.
6 D. Monies from the fund account may not be used other than for the
7 sanitation purposes authorized in Subsection C of this Section, or investment
8 authorized in Subsection B of this Section.
9 * * *
10 §39.1. Certified copies of birth certificates and death certificates; clerks of district
11 courts and the Second City Court of the city of New Orleans; Vital Records
12 Conversion Dedicated Fund Account
13 * * *
14 B.
15 * * *
16 (2) Clerks shall pay to the state registrar such amounts as are required in R.S.
17 40:40. In addition, four dollars for each long-form birth certificate or death
18 certificate issued by each clerk of court shall be remitted to the state treasurer on the
19 tenth day of each month for deposit in the state treasury. The funds deposited shall
20 be credited to the Bond Security and Redemption Fund. Out of the funds remaining
21 in the Bond Security and Redemption Fund after a sufficient amount is allocated to
22 pay all obligations secured by the full faith and credit of the state which become due
23 and payable in any fiscal year, the treasurer shall credit to the Vital Records
24 Conversion Dedicated Fund Account, hereby created, an amount equal to the funds
25 deposited under the provisions of this Section. Monies deposited into the Vital
26 Records Conversion Dedicated Fund Account shall be categorized as fees and self-
27 generated revenue for the sole purpose of reporting related to the executive budget,
28 supporting documents, and general appropriation bills and shall be available for
29 annual appropriation by the legislature.
Page 26 of 54 HB NO. 515 ENROLLED
1 (3) The monies held in the Vital Records Conversion Dedicated Fund
2 Account shall only be appropriated with the mutual consent of the secretary of state
3 and the secretary of the Louisiana Department of Health for the following purposes:
4 * * *
5 (4) All unexpended and unencumbered monies in the fund Vital Records
6 Conversion Dedicated Fund Account at the end of the fiscal year shall remain in the
7 fund account. The monies in the fund account shall be invested by the treasurer in
8 the same manner as monies in the state general fund. All interest earned on account
9 monies invested by the treasurer shall be deposited in the fund account.
10 * * *
11 §1379.3.1. Concealed Handgun Permit Dedicated Fund Account; assessment and
12 disposition of fees
13 * * *
14 C. After compliance with the requirements of Article VII, Section 9(B) of
15 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
16 and prior to monies being placed in the state general fund, an amount equal to that
17 deposited as required by Subsection B of this Section shall be credited to a special
18 statutorily dedicated fund account hereby created in the state treasury to be known
19 as the "Concealed Handgun Permit Dedicated Fund Account", hereafter referred to
20 in this Section as the "account". The monies in this fund the account shall be used
21 solely as provided for in Subsection D of this Section and only in the amounts
22 appropriated by the legislature. All unexpended and unencumbered monies in this
23 fund the account at the end of the fiscal year shall remain in such fund the account.
24 The monies in this fund the account shall be invested by the state treasurer in the
25 same manner as monies in the state general fund and interest earned on the
26 investment of these monies shall be credited to this fund the account after, again,
27 following compliance with the requirement of Article VII, Section 9(B) of the
28 Constitution of Louisiana relative to the Bond Security and Redemption Fund.
29 Monies deposited into the account shall be categorized as fees and self-generated
30 revenue for the sole purpose of reporting related to the executive budget, supporting
Page 27 of 54 HB NO. 515 ENROLLED
1 documents, and general appropriation bills and shall be available for annual
2 appropriation by the legislature.
3 D. The monies in the Concealed Handgun Permit Fund account shall be used
4 solely for administration of the concealed handgun permit process and for special
5 law enforcement initiatives.
6 * * *
7 §1379.7. Public Safety DWI Testing, Maintenance, and Training Dedicated Fund
8 Account; uses
9 * * *
10 B. After compliance with the requirements of Article VII, Section 9(B) of
11 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
12 and prior to monies being placed in the state general fund, the treasurer shall credit
13 an amount equal to the total amount of such costs received to a special statutorily
14 dedicated fund account which is hereby created in the state treasury and designated
15 as the Public Safety DWI Testing, Maintenance, and Training Dedicated Fund
16 Account. The monies in the described fund the account shall be used solely to fund
17 activities of the office of state police in executing its responsibilities in the purchase
18 and maintenance of equipment and supplies for use in breath, blood, or urine analysis
19 as related to violations of R.S. 14:98 or 98.1; training in the maintenance and usage
20 of testing equipment; other such related expenses as may be necessary in the efficient
21 and effective administration of those duties; and for special law enforcement
22 initiatives. The monies in the fund account shall be used only in the amounts
23 appropriated by the legislature. All unexpended and unencumbered monies in the
24 fund account at the end of the fiscal year shall remain in the fund account. The
25 monies in the fund account shall be invested by the treasurer in the same manner as
26 monies in the state general fund. All interest earned on monies in the fund account
27 invested by the treasurer shall be credited to the Public Safety DWI Testing,
28 Maintenance, and Training Fund account. Monies deposited into the account shall
29 be categorized as fees and self-generated revenue for the sole purpose of reporting
Page 28 of 54 HB NO. 515 ENROLLED
1 related to the executive budget, supporting documents, and general appropriation
2 bills and shall be available for annual appropriation by the legislature.
3 * * *
4 §1428. Special assessment; creation of dedicated fund account
5 * * *
6 C. After compliance with the requirements of Article VII, Section 9(B) of
7 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
8 an amount equal to that deposited as required by Subsection B of this Section shall
9 be credited to a special statutorily dedicated fund account hereby created in the state
10 treasury to be known as the Insurance Fraud Investigation Dedicated Fund Account,
11 hereafter referred to in this Subsection as the "account". The monies shall be
12 irrevocably dedicated and deposited in the Insurance Fraud Investigation Fund
13 account and shall be used solely as provided in Subsection A of this Section and only
14 in the amounts appropriated by the legislature. Monies in the fund account shall be
15 appropriated, administered, and used solely and exclusively for purposes of the fraud
16 unit, fraud support unit, insurance fraud section, LATIFPA, and as further provided
17 in this Section. All unexpended and unencumbered monies in this fund the account
18 at the end of the fiscal year shall be refunded to each insurer licensed by the
19 Department of Insurance to conduct business in this state assessed a fee pursuant to
20 this Section on a pro-rata basis based on each insurer's proportionate share of the
21 total fees collected pursuant to this Section. Monies deposited into the account shall
22 be 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 §1472.20. Explosives Trust Dedicated Fund Account
27 A. The Explosives Trust Dedicated Fund Account is hereby established as
28 a special statutorily dedicated fund account in the state treasury to support the efforts
29 of the Department of Public Safety and Corrections, office of state police, explosives
30 control unit. After depositing deposit into the Bond Security and Redemption Fund,
31 all funds collected pursuant to R.S. 40:1472.3(H) and 1472.9(D) shall be deposited
Page 29 of 54 HB NO. 515 ENROLLED
1 in and credited to the Explosives Trust Dedicated Fund Account. Monies deposited
2 into the account shall be categorized as fees and self-generated revenue for the sole
3 purpose of reporting related to the executive budget, supporting documents, and
4 general appropriation bills and shall be available for annual appropriation by the
5 legislature.
6 * * *
7 §1664.9. Fees; license endorsements for firms and persons; certifications; Louisiana
8 Life Safety and Property Protection Trust Dedicated Fund Account
9 * * *
10 N.(1) Subject to the exceptions contained in Article VII, Section 9 of the
11 Constitution of Louisiana, all monies received by the state fire marshal pursuant to
12 this Subpart, including but not limited to fees and fines, shall be deposited
13 immediately upon receipt in the state treasury and shall be credited to the Bond
14 Security and Redemption Fund. Out of the funds remaining in the Bond Security
15 and Redemption Fund after a sufficient amount is allocated from that fund to pay all
16 obligations secured by the full faith and credit of the state which become due and
17 payable within any fiscal year, the treasurer, prior to placing such remaining funds
18 in the state general fund, shall pay an amount equal to the total amount of funds paid
19 into the state treasury by the state fire marshal pursuant to this Subpart into a special
20 statutorily dedicated fund account which is hereby created in the state treasury and
21 designated as the Louisiana Life Safety and Property Protection Trust Dedicated
22 Fund Account.
23 (2) The monies in the Louisiana Life Safety and Property Protection Trust
24 Dedicated Fund Account shall be used solely for implementation, administration, and
25 enforcement of this Subpart, and thereafter, for fire education or emergency response
26 by the state fire marshal and only in the amounts appropriated each year to the state
27 fire marshal or the board by the legislature. Any surplus monies and interest
28 remaining to the credit of the fund the account on June thirtieth of each year after all
29 such appropriations of the preceding fiscal year have been made shall remain to the
30 credit of the fund account, and no part thereof shall revert to the state general fund.
31 Monies deposited into the account shall be categorized as fees and self-generated
Page 30 of 54 HB NO. 515 ENROLLED
1 revenue for the sole purpose of reporting related to the executive budget, supporting
2 documents, and general appropriation bills and shall be available for annual
3 appropriation by the legislature.
4 * * *
5 §1730.68. Industrialized Building Program Dedicated Fund Account; distribution
6 A. All proceeds derived from the fees and all amounts received by the
7 secretary from interest, fines, or penalties or any other source pursuant to the
8 provisions of this Part shall be deposited with the state treasurer. After compliance
9 with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana,
10 the state treasurer shall, each fiscal year and subject to an annual appropriation by
11 the legislature, credit to the "Industrialized Building Program Dedicated Fund
12 Account", hereafter referred to in this Section as the "account", which is hereby
13 created in the treasury as a special designated fund account, an amount equal to the
14 amount of money paid into the treasury by the secretary pursuant to the provisions
15 of this Section. All unexpended and unencumbered monies in the fund account at
16 the end of each fiscal year shall remain in the fund account. The monies in the fund
17 account shall be invested by the state treasurer in the same manner as monies in the
18 state general fund. All interest earned on monies in the fund account invested by the
19 state treasurer shall be deposited in the fund account. Monies deposited into the
20 account shall be categorized as fees and self-generated revenue for the sole purpose
21 of reporting related to the executive budget, supporting documents, and general
22 appropriation bills and shall be available for annual appropriation by the legislature.
23 B. Monies from the fund account shall be appropriated and paid to the
24 secretary at the beginning of each fiscal year to be distributed to the office of state
25 fire marshal, code enforcement and building safety, and shall be used for the
26 implementation of this Part.
27 * * *
28 §1849. Permit fees; minimum; maximum; transport registration fees; personnel
29 qualification fees; rainy day fund Liquified Petroleum Gas Commission
30 Rainy Day Dedicated Fund Account
31 * * *
Page 31 of 54 HB NO. 515 ENROLLED
1 D.
2 * * *
3 (2) 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 the monies being placed in the state general fund, an amount equal to the
6 funds received shall be credited to the special statutorily dedicated fund account
7 hereby created in the state treasury to be known as the "Liquefied Petroleum Gas
8 Commission Rainy Day Dedicated Fund Account", hereafter referred to in this
9 Section as the "account". The monies in this fund the account shall be used solely
10 as provided in this Subsection, and only in the amounts appropriated by the
11 legislature. The monies in the fund account shall be invested by the state treasurer
12 in the same manner as the monies in the state general fund. Subject to the provisions
13 of, and after compliance with, Article VII, Section 9(B) of the Constitution of
14 Louisiana, all interest earned on the monies in this fund the account shall be credited
15 to this fund the account. Monies deposited into the account shall be categorized as
16 fees and self-generated revenue for the sole purpose of reporting related to the
17 executive budget, supporting documents, and general appropriation bills and shall
18 be available for annual appropriation by the legislature.
19 (3) At the end of each fiscal year, the unexpended and unencumbered monies
20 which remain in this fund the account, up to a maximum of two hundred fifty
21 thousand dollars, shall remain in this fund the account and shall be used by the
22 commission for the purposes set forth in this Subsection.
23 (4) The monies in this fund the account shall be used for the following
24 purposes:
25 * * *
26 (5) At the end of each fiscal year, the unexpended and unencumbered monies
27 which remain in the fund account in excess of the two hundred fifty thousand dollar
28 maximum provided in Paragraph (3) of this Subsection, not to exceed three hundred
29 thousand dollars, shall be deposited in the separate interest-bearing account
Page 32 of 54 HB NO. 515 ENROLLED
1 established under the authority of R.S. 40:1851(D) and shall be used solely for
2 market development purposes as required by R.S. 40:1851.1(B).
3 * * *
4 Section 11. R.S. 45:169.1, 844.14(A)(4), and 1177(B) and (C) are hereby amended
5 and reenacted to read as follows:
6 §169.1. Motor Carrier Regulation Dedicated Fund Account
7 A.(1) All monies recovered by the transportation division of the Public
8 Service Commission, by the collection of intrastate application, registration, and
9 permit fees, and fines collected from penalties, shall be deposited into the state
10 treasury and shall be credited to the Bond Security and Redemption Fund. After
11 satisfaction of the requirements of the Bond Security and Redemption Fund, the
12 treasurer shall deposit into the special statutorily dedicated fund account, hereby
13 created in the state treasury and designated as the "Motor Carrier Regulation
14 Dedicated Fund Account", an amount equal to one hundred percent of the total sums
15 recovered as provided in R.S. 45:168 and 169. Monies deposited into this account
16 shall be categorized as fees and self-generated revenue for the sole purpose of
17 reporting related to the executive budget, supporting documents, and general
18 appropriation bills and shall be available for annual appropriation by the legislature.
19 (2) The Motor Carrier Regulation Dedicated Fund Account, hereinafter
20 referred to in this Section as the "carrier fund account", shall additionally consist of
21 all funds received by donation, grant, gift, or otherwise from any source and sums
22 appropriated specifically to it by the legislature for increased regulatory enforcement
23 of motor carriers.
24 B. The director of the transportation division of the Public Service
25 Commission shall administer the carrier fund account and shall make disbursements
26 from the fund carrier account for all necessary and appropriate expenditures.
27 C.(1) The monies in the carrier fund account shall be used to defray the cost
28 of regulation of the intrastate motor carrier industry, specifically by the
29 transportation division of the Public Service Commission.
Page 33 of 54 HB NO. 515 ENROLLED
1 (2) Monies in the carrier fund account shall be available to increase
2 manpower and physical support for regulation of the intrastate motor carrier
3 industry.
4 (3) Monies in the carrier fund account shall be invested by the state treasurer
5 in the same manner as are monies in the state general fund. All interest earned on
6 carrier account money invested by the state treasurer since the creation of the fund
7 will shall be deposited into the state general fund.
8 D. In any cases where monies from the carrier fund account are expended
9 in the prosecution of any violation of this Chapter, the attorney general shall institute
10 a civil action to recover from the responsible person all such monies expended from
11 the carrier fund account. Any monies so recovered shall be paid into the carrier fund
12 account as provided by this Section.
13 * * *
14 §844.14. Listing procedures; prohibited acts; Telephonic Solicitation Relief
15 Dedicated Fund Account
16 A.
17 * * *
18 (4)(a) All fees and penalties imposed pursuant to this Section shall be made
19 payable to the Louisiana Public Service Commission for the administration of this
20 Chapter and shall be dedicated to such purpose. The fees and penalties collected
21 shall be remitted by the commission to the state treasury and credited to 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 become
24 due and payable within the fiscal year, the treasurer, prior to placing such remaining
25 funds in the state general fund, shall pay an amount equal to the total amount of
26 funds paid into the state treasury by the commission into a special statutorily
27 dedicated fund account which is hereby created in the state treasury and designated
28 as the "Telephonic Solicitation Relief Dedicated Fund Account". Monies deposited
29 into the account shall be categorized as fees and self-generated revenue for the sole
30 purpose of reporting related to the executive budget, supporting documents, and
Page 34 of 54 HB NO. 515 ENROLLED
1 general appropriation bills and shall be available for annual appropriation by the
2 legislature.
3 (b) The monies in the Telephonic Solicitation Relief Dedicated Fund
4 Account shall be used solely for the implementation, administration, and
5 enforcement of this Chapter. Any surplus monies and interest remaining to the credit
6 of the fund account on June thirtieth of each year shall remain to the credit of the
7 fund account and no part thereof shall revert to the state general fund.
8 * * *
9 §1177. Inspection and supervision fees; Utility and Carrier Inspection and
10 Supervision Dedicated Fund Account
11 * * *
12 B. Funds received by the Department of Revenue in the form of inspection
13 and supervision fees authorized in Subsection A shall be deposited immediately upon
14 receipt into the state treasury. After compliance with the requirements of Article
15 VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and
16 Redemption Fund, and prior to monies being placed in the state general fund, an
17 amount equal to that deposited as required by this Subsection shall be credited to a
18 special statutorily dedicated fund account hereby created in the state treasury to be
19 known as the "Utility and Carrier Inspection and Supervision Dedicated Fund
20 Account", hereafter referred to in this Section as the "account". The monies in this
21 fund the account shall be used solely for the expenses of the operations of the
22 commission, and only in the amounts appropriated by the legislature. Monies
23 deposited into the account shall be categorized as fees and self-generated revenue for
24 the sole purpose of reporting related to the executive budget, supporting documents,
25 and general appropriation bills and shall be available for annual appropriation by the
26 legislature.
27 C. If the amounts contained in the fund account provided for in this Section
28 are in excess of that necessary to fund the operations of the commission, then that
29 excess shall be retained in such funds the account subject to the requirements of
30 Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond
31 Security and Redemption Fund and shall be subject to appropriations appropriation
Page 35 of 54 HB NO. 515 ENROLLED
1 by the legislature in subsequent years. In the event the Utility and Carrier Inspection
2 and Supervision Fund account ceases to exist for the purpose of its creation, the
3 assessments therefor likewise shall cease to exist.
4 Section 12. R.S. 46:2403(A), (C), and (D)(1) are hereby amended and reenacted to
5 read as follows:
6 §2403. Creation of the Children's Trust Dedicated Fund Account
7 A. There is hereby established a special statutorily dedicated fund account
8 in the state treasury to be known as the "Children's Trust Dedicated Fund Account",
9 hereafter referred to in this Section as the "account", consisting of monies provided
10 by the legislature and monies received from any other sources, including funds
11 derived from donations of income tax refunds as provided in R.S. 47:120.35 and
12 funds derived from fees as provided in Subsection B of this Section. The legislature
13 shall make yearly appropriations to the fund for the purposes set forth in this Chapter
14 to the extent that state funds are available. Monies deposited into the account shall
15 be categorized as fees and self-generated revenue for the sole purpose of reporting
16 related to the executive budget, supporting documents, and general appropriation
17 bills and shall be available for annual appropriation by the legislature.
18 * * *
19 C. Subject to the exceptions contained in Article VII, Section 9(A) of the
20 Constitution of Louisiana, all such additional fees collected as provided in
21 Subsection B of this Section shall be paid into the state treasury and shall be credited
22 to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond
23 Security and Redemption Fund after a sufficient amount is allocated from that fund
24 to pay all obligations secured by the full faith and credit of the state which become
25 due and payable within any fiscal year, the treasurer shall, prior to placing such
26 remaining funds in the state general fund, pay into the Children's Trust Fund account
27 an amount equal to the total amount of the additional birth certificate fees paid into
28 the treasury pursuant to Subsection B of this Section.
29 D.(1) The monies in the fund account shall be used solely for programs
30 designed to prevent the physical and sexual abuse and gross neglect of children.
31 Disbursement of the amount appropriated each year shall be made as determined by
Page 36 of 54 HB NO. 515 ENROLLED
1 the Children's Cabinet with consideration of recommendations made by the
2 Children's Trust Fund Board. All unexpended and unencumbered monies in this
3 fund the account at the end of the fiscal year shall remain to the credit of the fund
4 account.
5 * * *
6 Section 13. R.S. 47:463.149(F) and (G), 1835(B) and (D)(4), and 6007(C)(4)(h)(ii),
7 (iii)(introductory paragraph), and (iv) are hereby amended and reenacted to read as follows:
8 §463.149. Special prestige license plate; "World Champion New Orleans Saints";
9 distribution of royalty fees
10 * * *
11 F. The annual royalty fee shall be collected by the department and deposited
12 into the Louisiana Stadium and Exposition District License Plate Dedicated Fund
13 Account. The money received from the royalty fees shall be used solely to pay debt
14 service on state debt issued to fund improvements to the Louisiana Superdome.
15 G. There is hereby created, as a special statutorily dedicated fund account
16 within the state treasury, the Louisiana Stadium and Exposition District License Plate
17 Dedicated Fund Account, hereafter sometimes referred to in this Subsection as the
18 "Fund" "account". Notwithstanding any other provision of law, after compliance
19 with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana
20 relative to the Bond Security and Redemption Fund, and after a sufficient amount is
21 allocated to pay all of the obligations secured by the full faith and credit of the state
22 which become due and payable within any fiscal year, the treasurer shall pay an
23 amount equal to the annual royalty fee collected by the department into the Fund
24 account. All of the monies in the Fund account shall be appropriated each year by
25 the legislature to the Louisiana Stadium and Exposition District for application first
26 to pay principal and interest on any debt issued by the Louisiana Stadium and
27 Exposition District and second to pay any operating expenses of the Louisiana
28 Stadium and Exposition District. Monies deposited into the account shall be
29 categorized as fees and self-generated revenue for the sole purpose of reporting
Page 37 of 54 HB NO. 515 ENROLLED
1 related to the executive budget, supporting documents, and general appropriation
2 bills and shall be available for annual appropriation by the legislature.
3 * * *
4 §1835. Employment of secretary, clerical help and experts; creation of commission
5 expense dedicated fund account; authorization for deposits and collection of
6 assessments
7 * * *
8 B. There is hereby established in the state treasury the "Tax Commission
9 Expense Dedicated Fund Account", hereinafter referred to in this Section as the
10 "expense fund account". After credit to the Bond Security and Redemption Fund as
11 provided in Article VII, Section 9(B) of the Constitution of Louisiana, all
12 assessments and fees, including penalties and interest thereon, received by the tax
13 commission shall be deposited in and credited to the expense fund account. Monies
14 on deposit in the expense fund account may be expended only pursuant to
15 appropriation. Appropriations from the expense fund account shall only be made for
16 expenses and costs of the tax commission, including but not limited to expenses and
17 costs of operations, audits, and examinations and the defense, determination, or
18 development of assessments and assessment procedures, including costs associated
19 with outside experts. Any such assessment or fee, and any penalty and interest
20 thereon, shall constitute an addition to the taxes due for all purposes of this Title.
21 Monies on deposit in the expense fund account shall be invested in the same manner
22 as the state general fund. Interest on investment of monies in the expense fund
23 account shall be credited to the state general fund. All unexpended and
24 unencumbered monies in the fund expense account at the close of the fiscal year
25 shall remain in the fund expense account. Monies deposited into the expense
26 account shall be categorized as fees and self-generated revenue for the sole purpose
27 of reporting related to the executive budget, supporting documents, and general
28 appropriation bills and shall be available for annual appropriation by the legislature.
29 * * *
30 D.
31 * * *
Page 38 of 54 HB NO. 515 ENROLLED
1 (4) The tax commission shall be reimbursed for its direct costs associated
2 with the audits or examinations conducted pursuant to this Section, up to ten percent
3 of the additional tax, penalty, and interest collected, and said funds shall be paid over
4 to the tax commission for deposit in its expense fund account for its use in carrying
5 on its operations as provided for herein.
6 * * *
7 §6007. Motion picture production tax credit
8 * * *
9 C. Production tax credit; specific productions and projects.
10 * * *
11 (4) Transferability of the credit. Except as provided for in Subparagraph (g)
12 of this Paragraph, motion picture tax credits not previously claimed by any taxpayer
13 against its income tax may be transferred or sold to another Louisiana taxpayer or
14 to the Department of Revenue, subject to the following conditions:
15 * * *
16 (h)
17 * * *
18 (ii) There is hereby established in the state treasury a special statutorily
19 dedicated treasury fund account, the Louisiana Entertainment Development
20 Dedicated Fund Account, hereinafter referred to in this Section as the "fund"
21 "account". Monies deposited into the account shall be categorized as fees and self-
22 generated revenue for the sole purpose of reporting related to the executive budget,
23 supporting documents, and general appropriation bills and shall be available for
24 annual appropriation by the legislature. Out of the funds remaining in the Bond
25 Security and Redemption Fund after a sufficient amount is allocated from that fund
26 to pay all obligations secured by the full faith and credit of the state which becomes
27 due and payable within any fiscal year as required by Article VII, Section 9(B) of
28 this constitution, the treasurer shall deposit in and credit to the fund account the fees
29 deposited as provided in this Paragraph.
Page 39 of 54 HB NO. 515 ENROLLED
1 (iii) The money in the fund account shall be appropriated by the legislature
2 as follows:
3 * * *
4 (iv) The money in the fund account shall be invested by the treasurer in the
5 same manner as money in the state general fund and interest earned on the
6 investment of the money shall be credited to the fund account after compliance with
7 the requirements of Article VII, Section 9(B) of the Constitution of Louisiana
8 relative to the Bond Security and Redemption Fund. All unexpended and
9 unencumbered money in the fund account at the end of the year shall remain in the
10 fund account.
11 * * *
12 Section 14. R.S. 48:105.1(B) and (D), 381(G), 381.1(E), and 381.2(D) and (G)(1)
13 are hereby amended and reenacted to read as follows:
14 §105.1. Transportation Training and Education Center Dedicated Fund Account;
15 creation
16 * * *
17 B. The secretary shall promulgate rules and regulations in accordance with
18 law to effectuate the provisions of this Section, to implement a registration fee
19 policy, and to provide for the uses and disposition of the fees collected. All fees
20 collected pursuant to this Section and the rules and regulations promulgated by the
21 secretary shall be deposited into the LTRC Transportation Training and Education
22 Center Dedicated Fund Account as provided for in Subsection D of this Section.
23 * * *
24 D. There is hereby created, as a special statutorily dedicated fund account
25 in the state treasury, the LTRC Transportation Training and Education Center
26 Dedicated Fund Account, hereinafter referred to in this Section as the "fund"
27 "account". After compliance with the requirements of Article VII, Section 9(B) of
28 the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,
29 an amount equal to the monies received by the state treasury pursuant to the
30 provisions of Subsections A and B of this Section and rules and regulations adopted
31 by the Department of Transportation and Development shall be deposited into the
Page 40 of 54 HB NO. 515 ENROLLED
1 fund account. The monies so deposited shall be used to defray the expenses of the
2 LTRC Transportation Training and Education Center in connection with the
3 development, contracting, delivery, and administration of the center's transportation
4 training program. Monies in the fund account shall be invested by the state treasurer
5 in the same manner as monies in the state general fund, and interest earned on the
6 investment of such monies shall be credited to the fund account after compliance
7 with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana.
8 Excess monies over and above the expenses of the center shall be distributed to
9 workforce development programs and projects within the Department of
10 Transportation and Development. All unexpended and unencumbered monies in the
11 fund account at the end of any fiscal year shall remain in the fund account for use in
12 subsequent fiscal years. Monies deposited into the account shall be categorized as
13 fees and self-generated revenue for the sole purpose of reporting related to the
14 executive budget, supporting documents, and general appropriation bills and shall
15 be available for annual appropriation by the legislature.
16 * * *
17 §381. Use and occupancy of highways
18 * * *
19 G. All fees shall be deposited by the secretary of the Department of
20 Transportation and Development in the Right-Of-Way Permit Processing Dedicated
21 Fund Account established in the office of the treasurer pursuant to R.S. 48:381.1 and
22 said fees shall be set aside for the use of the Department of Transportation and
23 Development to defray the expenses of the right-of-way permit office connected with
24 the issuance and processing required for permitted activity within state roads and
25 highways rights-of-way.
26 * * *
27 §381.1. Rights-of-way; joint use agreements; fees
28 * * *
29 E. All fees collected pursuant to the provisions of this Section shall be
30 deposited by the secretary of the Department of Transportation and Development
31 into the state treasury for credit to the Right-of-Way Permit Processing Dedicated
Page 41 of 54 HB NO. 515 ENROLLED
1 Fund Account, hereafter referred to in this Part as the "Right-of Way Account".
2 After compliance with the requirements of Article VII, Section 9(B) of the
3 Constitution of Louisiana relative to the Bond Security and Redemption Fund, the
4 monies so deposited shall be credited to the fund Right-of-Way Account for the use
5 of the Department of Transportation and Development to defray the expenses of the
6 right-of-way permit office. Excess fees, over and above the expenses of the right-of-
7 way permit office, shall be distributed to federally approved highway projects. All
8 monies existing in this fund the Right-of-Way Account at the end of each fiscal year
9 shall be retained in the Right-of-Way Permit Processing Fund account and shall not
10 be deposited in the General Fund. Monies deposited into the account shall be
11 categorized as fees and self-generated revenue for the sole purpose of reporting
12 related to the executive budget, supporting documents, and general appropriation
13 bills and shall be available for annual appropriation by the legislature.
14 * * *
15 §381.2. Rights-of-way; telecommunication installations, including wireless
16 telephone hardware, fiber-optic lines, and telecommunications towers; annual
17 report to the legislature
18 * * *
19 D. All fees shall be deposited by the secretary of the Department of
20 Transportation and Development in the state treasury. After such deposit, an amount
21 equal to the fees collected shall be transferred to the Right-of-Way Account
22 established pursuant to R.S. 48:381.1 and Permit Processing Fund which is hereby
23 created in the state treasury and said funds shall be set aside for the use of the
24 Department of Transportation and Development to defray the expenses of the
25 right-of-way permit office in connection with the issuance and processing required
26 for permitted activity within the state roads and highway rights-of-way.
27 * * *
28 G. The secretary shall prepare and submit an annual report to the House and
29 Senate Transportation, Highways and Public Works Committees, which summarizes
30 the activities, revenues, and expenditures of the right-of-way permit office related
31 to the administration of this Section. The first annual report required under the
Page 42 of 54 HB NO. 515 ENROLLED
1 provisions of this Subsection shall contain a summary of the activities, revenues, and
2 expenditures of the right-of-way permit office from the beginning of the program to
3 date and shall be submitted to the House and Senate Transportation, Highways and
4 Public Works Committees not later than January 30, 2002. Each subsequent annual
5 report shall be submitted not later than ninety days following the end of each
6 calendar year and shall contain the following information:
7 (1) Deposits and withdrawals from the Right-of-Way Permit Processing
8 Fund Account related to this Section.
9 * * *
10 Section 15. R.S. 49:214.40(A) and (C) are hereby amended and reenacted to read
11 as follows:
12 §214.40. Coastal Resources Trust Dedicated Fund Account
13 A.(1) Subject to the exceptions contained in Article VII, Section 9(A) of the
14 Constitution of Louisiana, all funds collected by the Louisiana coastal resources
15 program from processing and evaluation of coastal use permit applications and
16 consistency determinations, from any federal outercontinental shelf revenue sharing
17 program, and from any other sources, shall be paid into the state treasury and shall
18 be credited to the Bond Security and Redemption Fund.
19 (2) 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 which become due and payable within any fiscal
22 year, the treasurer shall, prior to placing such remaining funds in the state general
23 fund, pay into a special statutorily dedicated fund account, which is hereby created
24 in the state treasury and designated as the Coastal Resources Trust Dedicated Fund
25 Account, hereafter referred to in this Section as the "trust account", an amount equal
26 to the total amount of funds paid into the treasury by the Louisiana coastal resources
27 program.
28 (3) The monies in the trust fund account shall be invested by the state
29 treasurer in the same manner as monies in the state general fund. The monies in the
30 Coastal Resources Trust Fund trust account shall be used solely for the programs and
31 purposes and in the amounts appropriated each year to the Louisiana coastal
Page 43 of 54 HB NO. 515 ENROLLED
1 resources program by the legislature. Monies deposited into the trust account shall
2 be categorized as fees and self-generated revenue for the sole purpose of reporting
3 related to the executive budget, supporting documents, and general appropriation
4 bills and shall be available for annual appropriation by the legislature.
5 * * *
6 C. Any surplus funds remaining to the credit of the trust fund account on
7 July 1 of each year commencing with the fiscal year 1983-84, after all appropriations
8 of the preceding fiscal year have been paid, and all interest earned on money from
9 the trust fund account since the creation of the fund and thereafter shall remain to the
10 credit of the Coastal Resources Trust Fund trust account for expenditure from year
11 to year solely by the Louisiana coastal resources program or any uses as provided for
12 in the federal outercontinental shelf revenue sharing legislation in accordance with
13 appropriation made by the legislature for the purposes and functions of said program,
14 and no part thereof shall revert to the state general fund. This provision shall not be
15 construed to prohibit the appropriation of funds out of the state general fund to the
16 commission.
17 Section 16. R.S. 56:10(B)(1)(d), (5), and (7)(a), and (D), 10.1, 164(A) and
18 (B)(introductory paragraph), 700.2(A)(introductory paragraph), (1), and (3) and (B) through
19 (D), 1703(A), (B)(introductory paragraph), (C)(introductory paragraph), (1), and
20 (2)(introductory paragraph), and (D), and 1705(A) and (B) are hereby amended and
21 reenacted to read as follows:
22 §10. Annual report to governor; estimate of proposed expenditures; particular funds;
23 limitations on purposes for use of monies in particular funds and accounts;
24 warrants; vouchers; surplus funds
25 * * *
26 B.(1) Subject to the exception contained in Article VII, Section 9(A) of the
27 Constitution of Louisiana, all funds collected by the commission from every source
28 shall 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
30 Fund after a sufficient amount is allocated from that fund to pay all obligations
31 secured by the full faith and credit of the state which become due and payable within
Page 44 of 54 HB NO. 515 ENROLLED
1 any fiscal year, the treasurer shall, prior to placing such remaining funds in the state
2 general fund, conform to the following:
3 * * *
4 (d) Pay annually into a special statutorily dedicated fund account created in
5 the state treasury and designated as the Louisiana Duck License, Stamp, and Print
6 Dedicated Fund Account all amounts received pursuant to the Louisiana Duck
7 License, Stamp, and Print Program provided for in R.S. 56:151 et seq. and such other
8 funds as are specifically appropriated by the legislature. 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 * * *
13 (5) The monies in the Louisiana Duck License, Stamp, and Print Dedicated
14 Fund Account shall be used solely for the programs and purposes associated with the
15 Louisiana Duck License, Stamp, and Print Program as provided by R.S. 56:151 et
16 seq. in the amounts appropriated each year to the department by the legislature.
17 * * *
18 (7)(a) The monies in the Louisiana Wild Turkey Dedicated Fund Account
19 shall be used solely for the programs and purposes associated with the Louisiana
20 Wild Turkey Program as provided by R.S. 56:161 56:164 et seq. in the amounts
21 appropriated each year to the department by the legislature.
22 * * *
23 D. All unexpended and unencumbered monies in the Louisiana Seafood
24 Promotion and Marketing Fund, the Oyster Development Fund, the Shrimp
25 Marketing and Promotion Fund, the Crab Promotion and Marketing Fund, the
26 Louisiana Duck License, Stamp, and Print Dedicated Fund Acccount, the Louisiana
27 Wild Turkey Dedicated Fund Account, and the Conservation Fund at the end of the
28 fiscal year shall remain in the respective funds. The monies in the these funds and
29 accounts shall be invested by the treasurer in the same manner as monies in the state
30 general fund. All interest earned on monies invested by the treasurer shall be
31 deposited in the respective funds or accounts. The state treasurer shall prepare and
Page 45 of 54 HB NO. 515 ENROLLED
1 submit to the department on a quarterly basis a printed report showing the amount
2 of money contained in the funds and accounts from all sources.
3 §10.1. Aquatic Plant Control Dedicated Fund Account; creation; uses
4 A. There is hereby created in the state treasury the Aquatic Plant Control
5 Dedicated Fund Account, hereafter referred to in this Section as the "account".
6 B. After compliance with the requirements of Article VII, Section 9(B) of
7 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
8 and after a sufficient amount is allocated from that fund to pay all of the obligations
9 secured by the full faith and credit of the state which become due and payable within
10 any fiscal year, the treasurer shall pay into the Aquatic Plant Control Fund account
11 an amount equal to the monies received by the state treasury pursuant to the
12 provisions of R.S. 47:462(B)(2)(c) and R.S. 30:961(K). The monies in this fund the
13 account shall be used solely as provided in Subsection C of this Section and only in
14 the amount appropriated by the legislature. All unexpended and unencumbered
15 monies remaining in this fund the account at the end of the fiscal year shall remain
16 in the fund account. The monies in the fund account shall be invested by the state
17 treasurer in the same manner as monies in the state general fund and all returns of
18 such investment shall be deposited to the fund account. 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 C. Subject to an annual appropriation by the legislature, the monies in the
23 Aquatic Plant Control Fund account shall be used solely by the office of fisheries,
24 Department of Wildlife and Fisheries, to fund the aquatic plant control program and
25 to fund cooperative research and public education efforts by the Department of
26 Wildlife and Fisheries and the Louisiana State University Agricultural Center
27 relative to aquatic weed control and eradication and aquatic invasive species control
28 and eradication. An amount not to exceed fifteen percent of the annual appropriation
29 shall be used to fund research and public education efforts relative to aquatic weed
30 control and eradication by the Louisiana State University Agricultural Center. The
Page 46 of 54 HB NO. 515 ENROLLED
1 funds appropriated pursuant to the provisions of this Section shall be in addition to
2 any other amounts appropriated by the legislature.
3 * * *
4 §164. Louisiana Wild Turkey Dedicated Fund Account; purposes
5 A. Funds received by the Department of Wildlife and Fisheries pursuant to
6 the sale of wild turkey licenses shall be placed in the Louisiana Wild Turkey
7 Dedicated Fund Account as provided by R.S. 56:10(B). Monies deposited into the
8 account shall be categorized as fees and self-generated revenue for the sole purpose
9 of reporting related to the executive budget, supporting documents, and general
10 appropriation bills and shall be available for annual appropriation by the legislature.
11 B. Subject to appropriation, the monies in the Louisiana Wild Turkey
12 Dedicated Fund Account shall be used:
13 * * *
14 §700.2. Establishment, continuance, and purposes of fund; geographical coverage;
15 assessments
16 A. There is hereby established in the state treasury a Fishermen's Gear
17 Compensation Dedicated Fund Account, hereafter referred to in this Section as the
18 "account", into which amounts paid pursuant to this Section shall be deposited.
19 Monies deposited into the account shall be categorized as fees and self-generated
20 revenue for the sole purpose of reporting related to the executive budget, supporting
21 documents, and general appropriation bills and shall be available for annual
22 appropriation by the legislature. The fund account shall be available to the secretary
23 only for the following purposes:
24 (1) Administrative and personnel expenses of the fund account.
25 * * *
26 (3) Expenses necessary to implement an investigatory survey of existing
27 potential underwater obstructions which might be due to past drilling, production,
28 and transportation activities. Such survey shall be conducted in not more than three
29 geographical areas which are known to be hazardous as a result of underwater
30 obstructions, the locations and sizes of which shall be approved by the Senate
31 Committee on Natural Resources and the House Committee on Natural Resources
Page 47 of 54 HB NO. 515 ENROLLED
1 and Environment, meeting jointly, following a consensus of opinion relative thereto
2 rendered by commercial fishermen and the secretary. The purpose of the survey
3 shall be to reveal the location, size, and density of underwater obstructions, as well
4 as to test investigatory procedures, so as to provide field data and information which
5 might aid fishermen directly and which shall be used to design a program more
6 responsive to the needs of fishermen. Withdrawals from the fund account for the
7 purposes of surveying shall be limited to the one-time application described in this
8 Paragraph and shall not exceed one-fourth of the monies remaining in the fund at the
9 time that this Paragraph becomes effective.
10 * * *
11 B. The Fishermen's Gear Compensation Fund account shall be established
12 for Louisiana territorial waters which overlie state-owned waterbottoms which are
13 contained within the coastal zone boundaries as described and established by R.S.
14 49:213.4.
15 C.(1) The fund shall be established within sixty days of the effective date of
16 this Part, at a level sufficient to meet administrative and personnel expenses of the
17 fund, including implementation of responsibilities set forth in R.S. 56:700.5, as well
18 as payment of justified claims made pursuant to this Part.
19 (2)(a) To create a workable balance immediately upon establishment of the
20 fund, the The secretary shall be authorized and empowered to levy a fee upon each
21 lessee of a state mineral lease and each grantee of a state right of way, for each lease
22 and right of way in effect at the time of the effective date of this Part and which are
23 located within the coastal zone boundary, in an amount of three hundred dollars. The
24 secretary shall not be authorized and empowered to levy the fee upon a political
25 subdivision of the state.
26 (b) The state treasurer shall be authorized to pay into the fund account a sum
27 in the amount of one hundred thousand dollars from proceeds remaining in the Bond
28 Security and Redemption Fund after compliance with dedications of mineral
29 royalties, leases, bonuses, and rights of way and other sums payable to the state as
30 lessor of mineral leases and grantor of rights of way as required pursuant to R.S.
31 30:136(B) and 136.1(A), (B), and (C), after a sufficient amount has been allocated
Page 48 of 54 HB NO. 515 ENROLLED
1 from the Bond Security and Redemption Fund to pay all obligations secured by the
2 full faith and credit of the state which become due and payable within the fiscal year.
3 D. In the same fiscal year during which the fund is established, and in each
4 fiscal year subsequent to that in which the fund is established, at any time that If the
5 balance of the fund account becomes two hundred fifty thousand dollars or less and
6 the secretary determines that additional monies are required to pay justified claims
7 and to cover necessary administrative costs of the program, the secretary shall be
8 authorized and empowered to replenish the fund account by levying additional fees
9 on each lessee of a state mineral lease and each grantee of a state right of way, for
10 each lease or right of way in effect at the time of establishing the fee rate and which
11 are located within the coastal zone boundary. However, fees levied upon leases and
12 rights of way as provided herein shall be made on a per-unit basis at a level not to
13 exceed one thousand dollars per lease or right of way during any fiscal year.
14 * * *
15 §1703. The Louisiana State Parks Improvement and Repair Dedicated Fund
16 Account
17 A. There is hereby established in the state treasury a special statutorily
18 dedicated fund account to be known as the "Louisiana State Parks Improvement and
19 Repair Dedicated Fund Account", hereinafter referred to in this Section as the "fund"
20 "account". Monies deposited into the account shall be categorized as fees and self-
21 generated revenue for the sole purpose of reporting related to the executive budget,
22 supporting documents, and general appropriation bills and shall be available for
23 annual appropriation by the legislature.
24 B. Out of the funds remaining in the Bond Security and Redemption Fund
25 after a sufficient amount is allocated from that fund to pay all obligations secured by
26 the full faith and credit of the state that become due and payable within a fiscal year,
27 the treasurer in each fiscal year shall pay into the fund account all of the following:
28 * * *
29 C. Except as provided in Paragraph (B)(2) of this Section, the monies in the
30 fund account shall be used solely for the purpose of financing improvements and
Page 49 of 54 HB NO. 515 ENROLLED
1 repairs at state parks in the state and shall be allocated, subject to appropriation by
2 the legislature, as follows:
3 (1) Except as provided in R.S. 56:1704, fifty percent of the monies in the
4 fund account shall be allocated to each state park in an amount equal to fifty percent
5 of the amount of fees and other self-generated funds generated by that park.
6 (2) Fifty percent of the monies in the fund account shall be allocated for use
7 throughout the state park system on the following priority need basis, as
8 recommended by the assistant secretary of the office of state parks:
9 * * *
10 D. All unexpended and unencumbered monies in the fund account at the end
11 of a fiscal year shall remain in the fund account and be available for appropriation
12 in the next fiscal year in the same manner as allocated herein. Monies in the fund
13 account shall be invested as provided by law. Interest earned on the investment of
14 monies in the fund account shall be credited to the state general fund.
15 * * *
16 §1705. Poverty Point Reservoir Development Dedicated Fund Account
17 A. The Poverty Point Reservoir Development Dedicated Fund Account,
18 hereinafter referred to as the "fund" "account", is hereby established as a special
19 dedicated fund account within the state treasury. Monies deposited into the account
20 shall be categorized as fees and self-generated revenue for the sole purpose of
21 reporting related to the executive budget, supporting documents, and general
22 appropriation bills and shall be available for annual appropriation by the legislature.
23 B. After satisfaction of the requirements of Article VII, Section 9(B) of the
24 Constitution of Louisiana with respect to the Bond Security and Redemption Fund,
25 the state treasurer shall each year deposit in and credit to the fund account an amount
26 equal to the total fees and self-generated revenues collected in that year from
27 activities of the Poverty Point Retirement Development Community and the Black
28 Bear Golf Course. Monies in the fund may be appropriated for support of the
29 operation, maintenance, improvement, and expansion of the Poverty Point
30 Retirement Development Community and the Black Bear Golf Course. Any
31 unexpended or unencumbered monies on deposit in the fund account at the end of
Page 50 of 54 HB NO. 515 ENROLLED
1 the fiscal year shall remain in the fund account. Monies in the fund account shall
2 beinvested in the same manner as those in the state general fund and interest earned
3 on such investment shall be deposited in and credited to the state general fund.
4 * * *
5 Section 17. R.S. 9:154.2, R.S. 41:1615, and 56:1706 and 1844 are hereby repealed
6 in their entirety.
7 Section 18. The Louisiana Law Institute is hereby directed to make corrections to
8 the Louisiana Revised Statutes of 1950 as necessary to conform to the provisions of Sections
9 3, 5 through 7, and 10 through 17 of this Act, including changing the names of funds
10 amended in this Act and any internal references to such amended funds that exist within the
11 statutes, including changing references to "fund" to "account" or "trust account" as
12 necessary.
13 Section 19. R.S. 47:302.18(B) is hereby amended and reenacted to read as follows:
14 §302.18. Disposition of certain collections in Lafayette Parish
15 * * *
16 B. The monies in that fund deposited pursuant to this Section shall be subject
17 to annual appropriation by the legislature and shall be used for planning,
18 development, and capital improvements at or adjacent to the Cajundome site and
19 operating costs of the Cajundome. For the purposes of this Section, "capital
20 improvements" shall mean expenditures for acquiring lands, buildings, equipment,
21 or other permanent properties, or for their construction, preservation, development,
22 or permanent improvement, or for payment of principal, interest, or premium, if any,
23 and other obligations incident to the issuance, security, and payment of bonds or
24 other evidences of indebtedness associated therewith.
25 Section 20. Subpart H of Part II-A of Chapter 1 of Subtitle I of Title 39 of the
26 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.11, is hereby enacted to read
27 as follows:
Page 51 of 54 HB NO. 515 ENROLLED
1 SUBPART H. JEAN BOUDREAUX SETTLEMENT COMPROMI SE FUND
2 §100.11. Jean Boudreaux Settlement Compromise Fund; purpose
3 A. There is hereby created in the state treasury, as a special fund, the "Jean
4 Boudreaux Settlement Compromise Fund", hereinafter referred to in this Section as
5 the "fund".
6 B. Notwithstanding any provision of law to the contrary, the state treasurer
7 is hereby authorized and directed to transfer $15,000,000 from the State General
8 Fund (Direct) into the fund.
9 C. Monies in the fund shall be invested in the same manner as monies in the
10 state general fund. Interest earned on investment of monies in the fund shall be
11 credited to the fund. Unexpended and unencumbered monies in the fund at the end
12 of the fiscal year shall remain in the fund.
13 D. Monies in the fund shall be used for payment of amounts due pursuant to
14 a compromise agreement regarding the judgment captioned "Jean Boudreaux and the
15 Victims of the Flood on April 6, 1983 on the Tangipahoa River versus the State of
16 Louisiana, Department of Transportation, et al.", rendered on June 10, 2005, bearing
17 Number 2004 CA 0985, on the docket of the Court of Appeal, First Circuit, state of
18 Louisiana. The monies payable pursuant to this Section shall be paid to the plaintiffs
19 through Hancock Bank, as escrow agent, into escrow account number 1097000229.
20 Payment shall be made as to this judgment only after presentation to the state
21 treasurer of documentation required by the state treasurer. Payments out of the fund
22 shall not be made without prior approval of the compromise agreement by the Joint
23 Legislative Committee on the Budget.
24 Section 21. Subpart P of Part II-A of Chapter 1 of Subtitle I of Title 39 of the
25 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.71, is hereby enacted to read
26 as follows:
27 SUBPART P. BLUE TARP FUND
28 §100.71. Blue Tarp Fund: purpose
29 A. There is hereby created in the state treasury, as a special fund, the ''Blue
30 Tarp Fund", hereinafter referred to in this Section as the"fund".
Page 52 of 54 HB NO. 515 ENROLLED
1 B. Notwithstanding any provision of law to the contrary, the state treasurer
is hereby authorized and directed to transfer $500,000 from the Louisiana Mega-2
Project Development Fund into the Blue Tarp Fund.3
4 C. Monies in the fund shall be invested in the same manner as monies in the
5 state general fund. Interest earned on investment of monies in the fund shall be
6 credited to the fund. Unexpended and unencumbered monies in the fund at the end
7 of the fiscal year shall remain in the fund.
8 D. Monies in the fund shall be appropriated and used for roof repairs for
9 homeowners. The division of administration - office of community development
10 shall develop a plan and promulgate rules for the distribution of funds.
11 Section 22. Subpart P-3 of Part II-A of Chapter 1 of Subtitle I of Title 39 of the
12 Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.101, is hereby enacted to read
13 as follows:
14 SUBPART P-3. POWER-BASED FUND
15 §100.101. Power-Based Fund; purpose
16 A. There is hereby created in the state treasury. as a special fund. the
17 "Power-Based Fund", hereinafter referred to in this Section as the "fund".
18 B. Notwithstanding any provision of law to the contrary, the state treasurer
19 is hereby authorized and directed to transfer $500,000 from the Louisiana Mega-
20 Project Development Fund into the Power-Based 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 appropriated and used for the establishment
26 of Title IX offices at every public postsecondary institution in the state. The Board
27 of Regents shall develop a plan and promulgate rules for the distribution of funds.
28 Section 23. The state treasurer is hereby authorized and directed to transfer to the
29 state general fund any unencumbered balances remaining in the funds repealed pursuant to
30 Section 17 of this Act, after satisfying the appropriations for Fiscal Year 2021-2022.
Page 53 of 54 HB NO. 515 ENROLLED
1 Section 24. On June 30, 2021, any remaining coronavirus relief funds received by
2 the state pursuant to Section 5001 of the Coronavirus Aid, Relief, and Economic Security
3 Act, P.L. 116-136, shall be transferred to the State Coronavirus Relief Fund.
4 Section 25.(A) The provisions of this Section and of Sections 1, 2, 4, 8, 9, 19, 20,
5 21, 22, and 24 of this Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
10 (B) The provisions of Sections 3, 5 through 7, 10 through 18, and 23 of this Act shall
11 become effective on July 1, 2022.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 54 of 54