ENROLLED 2023 Regular Session HOUSE BILL NO. 550 BY REPRESENTATIVE ZERINGUE 1 AN ACT 2 To amend and reenact R.S. 39:100.44.1(H)(3), the heading of Subpart P-3 of Part II-A of 3 Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, and 4 R.S. 39:100.101, 100.171, and 100.201(B) through (D) and to enact R.S. 5 17:4033.1(F), Subpart Z of Part II-A of Chapter 1 of Subtitle I of Title 39, to be 6 comprised of R.S. 39:100.211, and Subpart AA of Part II-A of Chapter 1 of Subtitle 7 I of Title 39, to be comprised of R.S. 39:100.221, relative to certain treasury funds; 8 to provide for the transfer, deposit, and use, as specified, of monies in certain 9 treasury funds and accounts; to provide an effective date; and to provide for related 10 matters. 11 Be it enacted by the Legislature of Louisiana: 12 Section 1.(A) Notwithstanding any provision of law to the contrary, the state 13 treasurer is hereby authorized and directed to transfer $181,630,129 to be comprised wholly 14 of nonrecurring revenues out of the State General Fund from the Fiscal Year 2021-2022 15 surplus, as recognized by the Revenue Estimating Conference, to the Budget Stabilization 16 Fund. 17 (B) Notwithstanding any provision of law to the contrary, the state treasurer is 18 hereby authorized and directed to transfer $1,500,000 from the State General Fund (Direct) 19 to the Hazard Mitigation Revolving Loan Fund. 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HB NO. 550 ENROLLED 1 (C) Notwithstanding any provision of law to the contrary, the state treasurer is 2 hereby authorized and directed to transfer $20,000,000 from the State General Fund (Direct) 3 to the Voting Technology Fund. 4 (D) Notwithstanding any provision of law to the contrary, the state treasurer is 5 hereby authorized and directed to transfer $10,000,000 from the State General Fund (Direct) 6 to the Oyster Resource Management Account. 7 (E) Notwithstanding any provision of law to the contrary, the state treasurer is 8 hereby authorized and directed to transfer $15,500,000 from the State General Fund (Direct) 9 to the Higher Education Initiatives Fund. 10 (F) Notwithstanding any provision of law to the contrary, the state treasurer is 11 hereby authorized and directed to transfer $15,000,000 from the State General Fund (Direct) 12 to the Health Care Employment Reinvestment Opportunity (H.E.R.O.) Fund. 13 (G) Notwithstanding any provision of law to the contrary, the state treasurer is 14 hereby authorized and directed to transfer $5,000,000 from the State General Fund (Direct) 15 to the Geaux Teach Fund. 16 (H) Notwithstanding any provision of law to the contrary, the state treasurer is 17 hereby authorized and directed to transfer $10,000,000 from the State General Fund (Direct) 18 to the Power-Based Violence and Safety Fund, as established in this Act. 19 (I) Notwithstanding any provision of law to the contrary, the state treasurer is hereby 20 authorized and directed to transfer $5,000,000 from the State General Fund (Direct) to the 21 Louisiana Economic Development Fund. 22 (J) Notwithstanding any provision of law to the contrary, the state treasurer is hereby 23 authorized and directed to transfer $2,500,000 from the State General Fund (Direct) to the 24 Reading Enrichment and Academic Deliverables Fund, as established in this Act. 25 (K) Notwithstanding any provision of law to the contrary, the state treasurer is 26 hereby authorized and directed to transfer $7,500,000 from the State General Fund (Direct) 27 to the Insure Louisiana Incentive Fund. 28 (L) Notwithstanding any provision of law to the contrary, the state treasurer is 29 hereby authorized and directed to transfer $24,904,474 from the State General Fund (Direct) 30 to the State Emergency Response Fund. 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HB NO. 550 ENROLLED 1 (M) Notwithstanding any provision of law to the contrary, the state treasurer is 2 hereby authorized and directed to transfer $5,000,000 from the State General Fund (Direct) 3 to the Court Modernization and Technology Fund, as established in this Act. 4 (N) Notwithstanding any provision of law to the contrary, the state treasurer is 5 hereby authorized and directed to transfer $5,000,000 from the State General Fund (Direct) 6 to the Law Enforcement Recruitment Incentive Fund contingent upon the Act that originated 7 as House Bill No. 563 of this 2023 Regular Session of the Legislature becoming law. 8 (O) Notwithstanding any provision of law to the contrary, the state treasurer is 9 hereby authorized and directed to transfer $340,000,000 from the State General Fund 10 (Direct) to the Transportation Trust Fund. 11 (P) Notwithstanding any provision of law to the contrary, the state treasurer is 12 hereby authorized and directed to transfer $4,000,000 from the State General Fund (Direct) 13 to the Major Events Incentive Fund. 14 (Q) Notwithstanding any provision of law to the contrary, the state treasurer is 15 hereby authorized and directed to transfer $2,500,000 from the State General Fund (Direct) 16 to the Imagination Library of Louisiana Fund, contingent upon the Act that originated as 17 House Bill No. 412 of this 2023 Regular Session of the Legislature becoming law. 18 (R) Notwithstanding any provision of law to the contrary, the state treasurer is 19 hereby authorized and directed to transfer $1,000,000 from the State General Fund (Direct) 20 to the Louisiana Postsecondary Inclusive Education Fund. 21 (S) Notwithstanding any provision of law to the contrary, the state treasurer is 22 hereby authorized and directed to transfer $1,500,000 from the State General Fund (Direct) 23 to the Jump Start Your Heart Fund contingent upon the Act that originated as Senate Bill No. 24 12 of this 2023 Regular Session of the Legislature becoming law. 25 (T) Notwithstanding any provision of law to the contrary, the state treasurer is 26 hereby authorized and directed to transfer $40,000,000 from the State General Fund (Direct) 27 to the Coastal Protection and Restoration Fund. 28 (U) Notwithstanding any provision of law to the contrary, the state treasurer is 29 hereby authorized and directed to transfer $50,000,000 from the State General Fund (Direct) 30 to the Water Sector Fund. 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HB NO. 550 ENROLLED 1 (V) 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 to the Capital Outlay Savings Fund. 4 (W) Notwithstanding any provision of law to the contrary, the state treasurer is 5 hereby authorized and directed to transfer $20,000,000 from the State General Fund (Direct) 6 to the Fortify Homes Program Fund. 7 Section 2.(A) Notwithstanding any provision of law to the contrary, the state 8 treasurer is hereby authorized and directed to transfer $10,000,000 from the State General 9 Fund by Fees and Self-generated Revenues of the Department of Insurance to the Louisiana 10 Fortify Homes Program Fund. 11 (B) Notwithstanding any provision of law to the contrary, the state treasurer is 12 hereby authorized and directed to transfer $2,500,000 from the State General Fund by Fees 13 and Self-generated Revenues of the Department of Insurance to the Insure Louisiana 14 Incentive Fund. 15 (C) Notwithstanding any provision of law to the contrary, the state treasurer is 16 hereby authorized and directed to transfer $57,500,000 from the State General Fund (Direct) 17 to the Capital Outlay Savings Fund. 18 (D) Notwithstanding any provision of law to the contrary, the state treasurer is 19 hereby authorized and directed to transfer $50,000,000 from the State General Fund (Direct) 20 to the Construction Subfund Preservation Account of the Transportation Trust Fund. 21 Section 3. R.S. 17:4033.1(F) is hereby enacted to read as follows: 22 §4033.1. R.E.A.D. Program; establishment; student eligibility; administration; 23 funding 24 * * * 25 F. There is hereby established in the state treasury, as a special fund, the 26 Reading Enrichment and Academic Deliverables Fund (hereafter referred to in this 27 Section as the "R.E.A.D. Fund"). Monies appropriated or transferred to the R.E.A.D. 28 Fund shall be deposited by the state treasurer after compliance with the requirements 29 of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond 30 Security and Redemption Fund. Monies in the R.E.A.D. Fund shall be invested in Page 4 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 550 ENROLLED 1 the same manner as monies in the state general fund. Interest earned on the 2 investment of monies in the R.E.A.D. Fund shall be deposited in and credited to the 3 R.E.A.D. Fund. Subject to appropriation, the state Department of Education shall use 4 monies from the fund for administration and implementation of the R.E.A.D. 5 Program. 6 Section 4. R.S. 39:100.44.1(H)(3), the heading of Subpart P-3 of Part II-A of Chapter 7 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, R.S. 39:100.101, 8 100.171, and 100.201(B) through (D) are hereby amended and reenacted and Subpart Z of 9 Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, 10 comprised of R.S. 39:100.211 and Subpart AA of Part II-A of Chapter 1 of Subtitle I of Title 11 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.221 are hereby 12 enacted to read as follows: 13 §100.44.1. Louisiana Main Street Recovery Program; Louisiana Rescue Plan Funds; 14 Loggers Relief; Save Our Screens 15 * * * 16 H. 17 * * * 18 (3) Any remaining balance in the fund on June 30, 2023 2024, shall be 19 transferred to the Louisiana Rescue Plan Fund. 20 * * * 21 SUBPART P-3. POWER-BASED VIOLENCE AND SAFETY FUND 22 §100.101. Power-Based Violence and Safety Fund; purpose 23 A. There is hereby created in the state treasury, as a special fund, the 24 "Power-Based Violence and Safety Fund", hereinafter referred to in this Section as 25 the "fund". 26 B. Notwithstanding any provision of law to the contrary, the state treasurer 27 is hereby authorized and directed to transfer $500,000 from the Louisiana Mega- 28 Project Development Fund into the Power-Based Fund. 29 C. Monies in the fund shall be invested in the same manner as monies in the 30 state general fund. Interest earned on investment of monies in the fund shall be Page 5 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 550 ENROLLED 1 credited to the fund. Unexpended and unencumbered monies in the fund at the end 2 of the fiscal year shall remain in the fund. 3 D. C. Monies in the fund shall be appropriated and used for the 4 establishment of Power-Based Violence, Title IX, and safety initiatives offices at 5 every public postsecondary institution in the state. The Board of Regents shall 6 develop a plan for the distribution of funds. 7 * * * 8 §100.171. Hurricane Ida Recovery Fund 9 A. There is hereby created in the state treasury as a special fund the 10 Hurricane Ida Recovery Fund, hereinafter referred to in this Section as the "fund". 11 Monies in the fund shall be used to make full or partial payments to political 12 subdivisions, including school boards, that suffered property loss or damage caused 13 by Hurricane Ida and were not fully compensated for such property loss or damage 14 by insurance and other federal and state disaster resources. Any payment to a 15 political subdivision made from the fund pursuant to the provisions of this Section 16 shall be applied by the governing authority of the political subdivision to the cost of 17 repair or replacement of the damaged property. B. Monies appropriated or 18 transferred to the fund shall be deposited by the state treasurer after compliance with 19 the requirements of Article VII, Section 9(B) of the Constitution of Louisiana 20 relative to the Bond Security and Redemption Fund. Monies in the fund shall be 21 invested in the same manner as monies in the state general fund and unexpended and 22 unencumbered monies in the fund at the end of the fiscal year shall remain in the 23 fund. Interest earned on the investment of monies in the fund shall be deposited in 24 and credited to the fund. Subject to appropriation, the Department of the Treasury 25 shall administer distribution of monies from the fund. 26 C. B. Up to three percent of monies initially deposited into the fund may be 27 retained by the treasurer for administrative expenses. Subject to final approval of the 28 Joint Legislative Committee on the Budget prior to implementation, the treasurer is 29 hereby authorized and directed to develop policies and procedures for the 30 distribution and administration of monies in the fund. Notwithstanding any Page 6 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 550 ENROLLED 1 provision of law to the contrary, the treasurer may enter into consulting services, 2 professional services, and information and technology services contracts for the 3 purpose of the procurement of any goods or services necessary to implement and 4 expedite the distribution of monies in the fund as emergency procurements exempt 5 from the provisions of the Louisiana Procurement Code and corresponding rules and 6 regulations. The cost of such contracts shall be an administrative expense of the 7 recovery program. 8 C. Monies in the fund shall be used to make full or partial payments to 9 eligible entities that suffered property loss or damage caused by Hurricane Ida and 10 that were not fully compensated for such property loss or damage by insurance and 11 other federal and state disaster resources. For the purposes of this Section, the term 12 "eligible entity" shall mean a political subdivision of the state and shall include 13 school boards. Except as otherwise provided in this Subsection, the governing 14 authority of an eligible entity receiving monies pursuant to the provisions of this 15 Section shall apply the money to the cost of repair or replacement of the damaged 16 property or to the cost of an approved project replacing such damaged property. If 17 federal assistance funds have been received for the damaged property and monies 18 disbursed to the eligible entity pursuant to the provisions of this Section remain after 19 the eligible entity has satisfied its portion of any required local match for such 20 damage, the eligible entity shall apply any remaining monies received from the fund 21 to one or more of the following for expenses incurred since August 29, 2021: 22 (1) A facility owned by an eligible entity that is open to the public for public 23 use. 24 (2) A public facility that an eligible entity owns or has legal responsibility 25 for maintaining, including any: 26 (a) Flood control, navigation, irrigation, reclamation, public power, sewage 27 treatment and collection, water supply and distribution, watershed development, or 28 airport facility. 29 (b) Non-Federal-aid street, road, or highway. Page 7 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 550 ENROLLED 1 (c) Other public building, structure, or system, including those used for 2 educational, recreational, or cultural purposes. 3 (d) Park. 4 (3) A facility owned by a private nonprofit entity and used to provide 5 services to the general public. 6 (4) A mixed-use facility provided that more than fifty percent of the 7 physical space of the facility is used for a public purpose. 8 (5) A facility that meets both of the following conditions: 9 (a) At least fifty percent of the total square footage of the facility was used 10 by the owner for a public purpose before Hurricane Ida. 11 (b) All or part of the facility was under repair or remodeling when Hurricane 12 Ida struck the facility. 13 (6) Debris Removal. 14 (7) Emergency Protection Measures. 15 * * * 16 §100.201. Political Subdivision Federal Grant Assistance Fund 17 * * * 18 B. Monies out of the fund shall be appropriated to the division of 19 administration via the process to adjust an agency's appropriation as provided for in 20 Section 2.A. of Act No. 199 of the 2022 Regular Session of the Legislature and the 21 office of rural development established within the office of the governor. 22 C. The Monies in the fund shall be used for the administration of a program 23 to assist political subdivisions with competitive federal grant opportunities made 24 pursuant to the Infrastructure Investment and Jobs Act (P.L. 117-58). 25 D. The program’s Any program guidelines shall be subject to approval by 26 the Joint Legislative Committee on the Budget. 27 SUBPART Z. COURT MODERNIZATION AND TECHNOLOGY FUND 28 §100.211. Court Modernization and Technology Fund 29 A. There is hereby created in the state treasury, as a special fund, the Court 30 Modernization and Technology Fund, hereinafter referred to in this Section as the Page 8 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 550 ENROLLED 1 "fund". The fund shall be administered by the Judicial Council of the Supreme Court 2 to provide funding for technology upgrades in courts under the supervisory 3 jurisdiction of the Supreme Court pursuant to Article V of the Constitution of 4 Louisiana. 5 B. Monies in the fund shall be invested in the same manner as monies in the 6 state general fund. Interest earned on investment of monies in the fund shall be 7 credited to the fund. Unexpended and unencumbered monies in the fund at the end 8 of the fiscal year shall remain in the fund. 9 C. The Supreme Court shall promulgate rules, regulations, and procedures 10 as necessary for the administration of the fund, including establishing minimum 11 technology standards for the courts, procedures for application, audit and monitoring 12 requirements, and annual reporting requirements. 13 D. The Judicial Council shall administer monies in the fund as follows: 14 (1) To establish the initial framework for regional technology support for 15 courts. 16 (2) To prioritize funding to courts that do not meet the minimum technology 17 standards in the following areas: 18 (a) Hardware and software. 19 (b) Cybersecurity. 20 (c) Case and document management systems. 21 E. Beginning October 1, 2023, the Judicial Council shall submit a quarterly 22 status report of all funding allocated pursuant to this Section to the Joint Legislative 23 Committee on the Budget. 24 SUBPART AA. PUBLIC SAFETY AND CRIME PREVENTION FUND 25 §100.221. Public Safety and Crime Prevention Fund 26 A. There is hereby created in the state treasury the Public Safety and Crime 27 Prevention Fund, hereinafter referred to in this Section as the "fund". The source of 28 monies in the fund shall be any monies appropriated by the legislature including 29 federal funds, donations, gifts, or grants, and any other monies which may be 30 provided by law. All unexpended and unencumbered monies in the fund at the end Page 9 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 550 ENROLLED 1 of the year shall remain in the fund. Monies in the fund shall be invested by the 2 treasurer in the same manner as monies in the state general fund, and any interest 3 earned on such investment shall be deposited in and credited to the fund. 4 B. Subject to appropriation, monies in the fund shall be used by the office 5 of state police for public safety services, including patrol and law enforcement, in 6 any parish having a population of not less than two hundred eighty thousand persons 7 and not more than four hundred twenty thousand persons according to the latest 8 federal decennial census. 9 Section 5.(A) The provisions of Section 2 of this Act shall become effective July 1, 10 2023. 11 (B) The provisions of this Section and Sections 1, 3, and 4 of this Act shall become 12 effective upon signature by the governor or, if not signed by the governor, upon expiration 13 of the time for bills to become law without signature by the governor, as provided by Article 14 III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently 15 approved by the legislature, the provisions of this Section and Sections 1, 3, and 4 of this Act 16 shall become effective on the day following such approval. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 10 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions.