HLS 22RS-1283 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 872
BY REPRESENTATIVE TURNER
FUNDS/FUNDING: Requires the La. Motor Vehicle Commission to deposit all revenues
in a dedicated fund account in the state treasury
1 AN ACT
2To amend and reenact R.S. 32:1253(F) and (G), to enact R.S. 36:4.1(F), and to repeal R.S.
3 36:4.1(C)(12), relative to the Louisiana Motor Vehicle Commission; to provide with
4 respect to the powers and duties of the commission; to provide with respect to the
5 funds of the commission; to establish an account in the state treasury for commission
6 funds and require deposit into the account; to require appropriation of commission
7 funds; to provide for use of monies in the account; to provide with respect to the
8 powers and duties of the Joint Legislative Committee on the Budget; to provide with
9 respect to the powers and duties of the governor; to provide for an effective date; and
10 to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 32:1253(F) and (G) is hereby amended and reenacted to read as
13follows:
14 §1253. Motor Vehicle Commission; appointment and qualifications of members;
15 terms of office; organization; oath; official bond; compensation; powers and
16 duties
17 * * *
18 F. All fees and charges under the provisions of this Chapter shall be
19 collected and received by the executive director of the commission and remitted
20 daily to the state treasury for deposit in compliance with the provisions of this
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HB NO. 872
1 Subsection shall be disbursed by him at the direction of the commission in
2 administering and enforcing the provisions of this Chapter. There is hereby
3 established as a special statutorily dedicated fund account in the state treasury, the
4 Louisiana Motor Vehicle Commission Dedicated Fund Account, hereafter referred
5 to in this Section as the "fund account". After compliance with the requirements of
6 Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond
7 Security and Redemption Fund, the treasurer shall deposit into the fund account the
8 proceeds of all fees and charges levied pursuant to the provisions of this Chapter.
9 Monies deposited into the fund account shall be categorized as fees and
10 self-generated revenue for the sole purpose of reporting related to the executive
11 budget, supporting documents, and general appropriation bills and shall be available
12 for annual appropriation by the legislature. Monies in the fund account shall be
13 invested by the state treasurer in the same manner as monies in the state general
14 fund, and interest earned on monies in the fund account shall be deposited into the
15 state general fund. Unexpended and unencumbered monies in the fund account at
16 the end of the fiscal year shall remain in the fund account.
17 G. All expenses incurred by the commission in carrying out the provisions
18 of this Chapter, including but not limited to per diem, wages, salaries, rent, postage,
19 supplies, bond premiums, travel and subsistence, and printing and utilities, shall be
20 a proper charge against said the fund account established in Subsection F of this
21 Section.
22 * * *
23 Section 2. R.S. 36:4.1(F) is hereby enacted to read as follows
24 §4.1. Agencies transferred from the Department of Economic Development to the
25 office of the governor; agencies placed within the office of the governor
26 * * *
27 F. The Louisiana Motor Vehicle Commission (R.S. 32:1251 et seq.) is
28 hereby transferred to and shall be placed within the office of the governor and shall
29 perform and exercise its powers, duties, functions, and responsibilities as provided
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HB NO. 872
1 in R.S. 36:803, except that it shall deposit its funds in the state treasury as provided
2 in R.S. 32:1253.
3 * * *
4 Section 3. R.S. 36:4.1(C)(12) is hereby repealed in its entirety.
5 Section 4. No later than July 1, 2022, the executive director of the Louisiana Motor
6Vehicle Commission, or his designated staff, shall transfer to the state treasurer for deposit
7into the Louisiana Motor Vehicle Commission Dedicated Fund Account all fees and charges
8in its possession. Any interest or other sums attributable to such fees and charges that accrue
9after July 1, 2022, shall be transferred upon receipt to the treasurer for deposit into the
10Louisiana Motor Vehicle Commission Dedicated Fund Account in accordance with the
11provisions of this Act.
12 Section 5. For fiscal year 2022-2023, if no appropriation to the Louisiana Motor
13Vehicle Commission is made in the Act that originated as House Bill No. 1 of the 2022
14Regular Session of the Legislature, then the Joint Legislative Committee on the Budget shall
15appropriate monies for the commission from the Louisiana Motor Vehicle Commission
16Dedicated Fund Account at the committee's first meeting held in the 2022-2023 Fiscal Year.
17 Section 6. This Act shall become effective upon signature by the governor or, if not
18signed by the governor, upon expiration of the time for bills to become law without signature
19by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
20vetoed by the governor and subsequently approved by the legislature, this Act shall become
21effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 872 Original 2022 Regular Session Turner
Abstract: Establishes the La. Motor Vehicle Commission (LMVC) Dedicated Fund
Account in the state treasury and requires the proceeds of all fees and charges levied
pursuant to present law by the LMVC to be deposited into the account.
Present law establishes the LMVC within the office of the governor and provides for its
composition and duties. Further authorizes the LMVC to levy fees and charges for licenses
and other activities handled by the commission. Proposed law retains present law.
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HB NO. 872
Present law authorizes the LMVC to retain all fees and charges collected and to spend them
for carrying out the operations of the LMVC. Proposed law requires the proceeds of all fees
and charges levied by the LMVC to be deposited into the LMVC Dedicated Fund Account
established in the state treasury pursuant to proposed law. Requires monies in the fund
account to be used for operations by the LMVC and appropriated by the legislature. Further
provides that monies in the fund account be invested by the treasurer in the same manner as
state general fund monies. Requires interest earned on fund account monies to be deposited
into the state general fund. Further provides that any unencumbered and unexpended monies
in the fund account at the end of the fiscal year shall remain in the fund account.
Proposed law requires the executive director of the LMVC, or his designated staff, to
transfer to the state treasurer for deposit into the LMVC Dedicated Fund Account all fees
and charges in its possession. Further requires any interest or other sums attributable to such
fees and charges that accrue after July 1, 2022, to be transferred upon receipt to the treasurer
for deposit into the LMVC Dedicated Fund Account.
Further provides that for Fiscal Year 2022-2023, if no appropriation is made in the Act that
originated as House Bill No. 1 of the 2022 Regular Session of the Legislature, then the Joint
Legislative Committee on the Budget shall appropriate monies for the commission from the
LMVC Dedicated Fund Account at the committee's first meeting held in the 2022-2023
Fiscal Year.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 32:1253(F) and (G); Adds R.S. 36:4.1(F); Repeals R.S. 36:4.1(C)(12))
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