Louisiana 2024 Regular Session

Louisiana House Bill HB786 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 723
2024 Regular Session
HOUSE BILL NO. 786
BY REPRESENTATIVE MCFARLAND
1	AN ACT
2 To amend and reenact R.S. 39:100.52(B), 100.62(B)(1)(a), and 100.121(B)(1) and R.S.
3 49:259(B)(1) and (C)(3), to enact R.S. 39:100.112(F)(2)(c), 100.211(D)(3), 100.251
4 through 100.253 and R.S. 46:122(B)(6) and to repeal R.S. 24:586, relative to certain
5 treasury funds; to provide for the transfer, deposit, and use, as specified, of monies
6 in certain treasury funds and accounts; to provide for an effective date; to provide for
7 uses of the monies in the Court Modernization and Technology Fund; to provide for
8 uses of the monies in the Louisiana  Military Family Assistance Fund; to provide for
9 retention of funds in the Water Sector Fund; to provide for deposits into the
10 Community Options Waiver Fund; to provide for utilization of the Revenue
11 Stabilization Trust Fund; to create the Criminal Justice and First Responder Fund;
12 to create the Higher Education Campus Revitalization Fund; to create the Louisiana
13 Transportation Infrastructure Fund; to provide for the withdrawal of monies from the
14 Capital Outlay Savings Fund under certain circumstances; to provide for certain
15 limitations and restrictions on monies in the Capital Outlay Savings Fund; to provide
16 for collections in the Department of Justice Legal Support Fund; to repeal the
17 Louisiana Transparency Fund; and to provide for related matters.
18 Be it enacted by the Legislature of Louisiana:
19 Section 1.(A)  Notwithstanding any provision of law to the contrary, the state
20 treasurer is hereby authorized and directed to transfer $81,359,358 to be comprised wholly
21 of nonrecurring revenues out of the State General Fund from the Fiscal Year 2022-2023
22 surplus, as recognized by the Revenue Estimating Conference, to the Budget Stabilization
23 Fund.
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1 (B)  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 by Fees
3 and Self-generated Revenues of the Department of Insurance to the Louisiana Fortify Homes
4 Program Fund.
5 (C)  Notwithstanding any provision of  law to the contrary, the state treasurer is
6 hereby authorized and directed to transfer $500,000 from the Small Business Innovation
7 Recruitment Fund to the Small Business Innovation Retention Fund.
8 (D)  Notwithstanding any provision of law to the contrary, the state treasurer is
9 hereby authorized and directed to transfer $10,000,000 from the Major Events Fund to the
10 Major Events Incentive Fund.
11 (E)  Notwithstanding any provision of law to the contrary, the state treasurer is
12 hereby authorized and directed to transfer $10,000,000 from the State General Fund (Direct)
13 to the Voting Technology Fund.
14 (F)  Notwithstanding any provision of law to the contrary, the state treasurer is
15 hereby authorized and directed to transfer $16,000,000 from the State General Fund (Direct)
16 to the Louisiana Economic Development Fund.
17 (G)  Notwithstanding any provision of law to the contrary, the state treasurer is
18 hereby authorized and directed to transfer $500,000 from the State General Fund (Direct)
19 to the Small Business Innovation Retention Fund.
20 (H)  Notwithstanding any provision of law to the contrary, the state treasurer is
21 hereby authorized and directed to transfer $91, 800,000 from the State General Fund (Direct)
22 to the Transportation Trust Fund - Regular.
23 (I)  Notwithstanding any provision of law to the contrary, the state treasurer is hereby
24 authorized and directed to transfer $7,000,000 from the State General Fund (Direct) to the
25 Louisiana State Parks Improvement and Repair Dedicated Fund Account.
26 (J)  Notwithstanding any provision law to the contrary, the state treasurer is hereby
27 authorized and directed to transfer $5,000,000 from the State General Fund (Direct) to the
28 Louisiana Agricultural Finance Authority Fund.
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are additions. HB NO. 786	ENROLLED
1 (K)  Notwithstanding any law to the contrary, the state treasurer is hereby authorized
2 and directed to transfer $8,000,000 from the State General Fund (Direct) to the Riverboat
3 Gaming Enforcement Fund.
4 (L)  Notwithstanding any provision of law to the contrary, the state treasurer is
5 hereby authorized and directed to transfer any balance from the Scenic Rivers Fund to the
6 Conservation Fund.
7 (M)  Notwithstanding any provision of law to the contrary, the state treasurer is
8 hereby authorized and directed to transfer any balance from the Natural Heritage Account
9 to the Conservation Fund.
10 (N)  Notwithstanding any provision of law to the contrary, the state treasurer is
11 hereby authorized and directed to transfer $1,000,000 from the State General Fund (Direct)
12 to the Louisiana Outdoors Forever Fund.
13 (O)  Notwithstanding any provision of law to the contrary, the state treasurer is
14 hereby authorized and directed to transfer $2,900,000 from the Water Sector Fund, from the
15 State General Fund (Direct) transferred to the fund in Act 410 of the 2023 Regular Session,
16 to the Louisiana Main Street Recovery Rescue Plan Fund.
17 (P)  Notwithstanding any provision of law to the contrary, the state treasurer is
18 hereby authorized and directed to transfer $2,900,000 from the Louisiana Main Street
19 Recovery Rescue Plan Fund to the Water Sector Fund.
20 (Q)  Notwithstanding any provision of law to the contrary, the state treasurer is
21 hereby authorized and directed to transfer $112,300,000 from the State General Fund
22 (Direct) to the Capital Outlay Savings Fund.
23 (R)  Notwithstanding any provision of law to the contrary, the state treasurer is
24 hereby authorized and directed to transfer $35,800,000  from the State General Fund (Direct)
25 to the Overcollections Fund.
26 (S)  Notwithstanding any provision of law to the contrary, the treasurer is hereby
27 authorized and directed to transfer $20,000,000 from the State General Fund (Direct) to the
28 Louisiana Mega-Project Development Fund.
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are additions. HB NO. 786	ENROLLED
1 (T)  Notwithstanding any provision of law to the contrary, the treasurer is hereby
2 authorized and directed to transfer $1,347,006 from the Louisiana Rescue Plan Fund to the
3 Water Sector Fund.
4 (U)  Notwithstanding any provision of law to the contrary, the treasurer is hereby
5 authorized and directed to transfer $3,500,000 from the Louisiana Transparency Fund to the
6 State General Fund (Direct).
7 (V)  Notwithstanding any provision of law to the contrary, the state treasurer is
8 hereby authorized and directed to transfer $100,000 from the State General Fund (Direct)
9 to the Louisiana Military Family Assistance Fund.
10 (W)  Notwithstanding any provision of law to the contrary, the treasurer is hereby
11 authorized and directed to transfer $1,000,000 from the State General Fund (Direct) to the
12 Dyslexia Fund contingent upon the Act that originated as Senate Bill No. 440 of the 2024
13 Regular Session of the Legislature becoming law.
14 (X)  Notwithstanding any provision of law to the contrary, the state treasurer is
15 hereby authorized and directed to transfer $1,000,000 from the State General Fund (Direct)
16 to the Postsecondary Inclusive Education Fund.
17 (Y)  Notwithstanding any provision of law to the contrary, the state treasurer is
18 hereby authorized and directed to transfer $3,008,881  from the Events Incentive Fund to the
19 Major Events Incentive Fund contingent upon the Act that originated as Senate Bill No. 341
20 of the 2024 Regular Session of the Legislature becoming law.
21 (Z)  Notwithstanding any law to the contrary, the state treasurer is authorized and
22 directed to deposit into the Overcollections Fund from the revenues in the state general fund
23 an amount equal to the amount of the State General Fund (Direct) for each line item
24 appropriation in the Act that originated as House Bill No. 782 of  the 2024 Regular Session
25 of the Legislature that has a State General Fund (Direct) appropriation that is vetoed by the
26 governor other than pursuant to his authority under Article IV, Section 5(G)(2) of the
27 Constitution of Louisiana and that is not overridden by the legislature.
28 (AA)  Notwithstanding any provision of law to the contrary, the state treasurer is
29 hereby authorized and directed to transfer $2,000,000 from the Events Incentive Fund to the
30 Overcollections Fund.
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are additions. HB NO. 786	ENROLLED
1 Section 2.  Notwithstanding any law to the contrary, the state treasurer is authorized
2 and directed to deposit into the Overcollections Fund from the revenues in the state general
3 fund an amount equal to the amount of the State General Fund (Direct), for each line item
4 in the Act that originated as House Bill No. 1 of  the 2024 Regular Session of the Legislature
5 that has a State General Fund (Direct) appropriation that is vetoed by the governor other than
6 pursuant to his authority under Article IV, Section 5(G)(2) of the Constitution of Louisiana
7 and that is not overridden by the legislature.
8 Section 3.  R.S. 39:100.52(B) and 100.62(B)(1)(a) are hereby amended and reenacted
9 and R.S. 39:100.112(F)(2)(c), 100.211(D)(3), and 100.251 through 100.253 are hereby
10 enacted to read as follows:
11 §100.52.  Water Sector Fund
12	*          *          *
13	B.  Monies in the fund shall be invested in the same manner as monies in the
14 state general fund. Interest earned on the investment of monies in the fund shall be
15 deposited in and credited to the fund. All unexpended and unencumbered monies
16 remaining in the fund at the end of each fiscal year shall remain in the fund.
17	*          *          *
18 §100.62.  Community Options Waiver Fund
19	*          *          *
20	B.(1)  The source of monies in the fund shall be as follows:
21	(a)  In any fiscal year, after deposits required pursuant to R.S. 39:100.61, the
22 state treasurer is directed to deposit twelve percent of the total of recurring state
23 general fund revenue as recognized by the Revenue Estimating Conference in excess
24 of the official forecast at the beginning of the current fiscal year, not to exceed fifty
25 million dollars in any fiscal year, into the fund, and monies in the fund from this
26 Subparagraph shall be used for appropriation in the ensuing fiscal year. Such
27 deposits shall not affect the deposits required pursuant to R.S. 39:100.61.
28	*          *          *
29 §100.112.  Revenue Stabilization Trust Fund
30	*          *          *
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are additions. HB NO. 786	ENROLLED
1	F.
2	*          *          *
3	(2)
4	*          *          *
5	(c)  Notwithstanding any provision of this Paragraph to the contrary, for
6 fiscal year 2024-2025, the minimum fund balance shall equal two billion two
7 hundred million dollars and the allowable percentage shall equal thirty-three percent.
8	*          *          *
9 §100.211.  Court Modernization and Technology Fund
10	*          *          *
11	D.  The Judicial Council shall administer monies in the fund as follows:
12	*          *          *
13	(3) To provide for statewide judicial technology projects, including the
14 following:
15	(a)  Supreme Court integrated case management system.
16	(b)  Centralized online judicial portal for data collection and electronic
17 payment submission.
18	*          *          *
19 §100.251.  Criminal Justice and First Responder Fund
20	A.  There is hereby established in the state treasury, as a special fund, the
21 Criminal Justice and First Responder Fund, hereinafter referred to in this Section as
22 the "fund".
23	B.  Any money transferred, donated, or appropriated to the fund by the
24 legislature shall be deposited into the fund after compliance with the requirements
25 of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond
26 Security and Redemption Fund.
27	C.  All unexpended and unencumbered monies in the fund at the end of the
28 fiscal year shall remain in the fund. The monies in the fund shall be invested by the
29 state treasurer in the same manner as monies in the state general fund and interest
30 earned on the investment of monies in the fund shall be credited to the fund.
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1	D.  The monies in the fund shall be utilized for the following: 
2	(1)  In the event that Senate Bill No. 431 of the 2024 Regular Session of the
3 Legislature is enacted into law, the state treasurer shall deposit the first one hundred
4 million dollars of monies received into the fund into the Criminal Justice Priority
5 Fund for the purposes provided in the Act that originated as Senate Bill No. 431 of
6 the 2024 Regular Session of the Legislature.
7	(2)  The remaining monies in the fund shall be used solely for initiatives
8 associated with criminal justice, first responders, and law enforcement.
9 §100.252.  Louisiana Transportation Infrastructure Fund
10	A.  There is hereby established in the state treasury, as a special fund, the
11 Louisiana Transportation Infrastructure Fund, hereinafter referred to in this Section
12 as the "fund".
13	B.  Any money transferred, donated, or appropriated to the fund by the
14 legislature shall be deposited into the fund after compliance with the requirements
15 of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond
16 Security and Redemption Fund.
17	C.  All unexpended and unencumbered monies in the fund at the end of the
18 fiscal year shall remain in the fund. The monies in the fund shall be invested by the
19 state treasurer in the same manner as monies in the state general fund and interest
20 earned on the investment of monies in the fund shall be credited to the fund.
21	D.  The monies in the fund shall be utilized for the following: 
22	(1)  The amount of two hundred eighty-five million seven hundred fifteen
23 thousand one hundred dollars shall be utilized in the Highway Priority Program.
24	(2)  The amount of twenty-five million dollars shall be used for road transfer
25 needs identified by the Department of Transportation and Development.
26	(3)  The remaining monies in the fund shall be used solely for initiatives
27 associated with transportation infrastructure and capital outlay projects.
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are additions. HB NO. 786	ENROLLED
1 §100.253.  Higher Education Campus Revitalization Fund
2	A.  There is hereby established in the state treasury, as a special fund, the
3 Higher Education Campus Revitalization Fund, hereinafter referred to in this Section
4 as the "fund".
5	B.  Any money transferred, donated, or appropriated to the fund by the
6 legislature shall be deposited into the fund after compliance with the requirements
7 of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond
8 Security and Redemption Fund.
9	C.  All unexpended and unencumbered monies in the fund at the end of the
10 fiscal year shall remain in the fund. The monies in the fund shall be invested by the
11 state treasurer in the same manner as monies in the state general fund and interest
12 earned on the investment of monies in the fund shall be credited to the fund.
13	D.  The monies in the fund shall be utilized for the following: 
14	(1)  In the event that House Bill No. 940 of the 2024 Regular Session of the
15 Legislature is enacted into law, the state treasurer shall deposit the first seventy-five
16 million dollars of monies received into the fund into the College and University
17 Deferred Maintenance and Capital Improvement Fund for the purposes provided in
18 the Act that originated as House Bill No. 940 of the 2024 Regular Session of the
19 Legislature.
20	(2)  Any remaining monies in the fund shall be used solely for various
21 improvements throughout Louisiana public institutions of higher education.
22 Section 4. R.S. 46:122(B)(6) is hereby enacted to read as follows:
23 §122.  Louisiana Military Family Assistance Fund
24	*          *          *
25	B.  The money in the fund shall be used solely for the following purposes:
26	*          *          *
27	(6)  To pay for educational benefits for children, spouses, and surviving
28 spouses of veterans in accordance with R.S. 29:288.
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are additions. HB NO. 786	ENROLLED
1 Section 5.  R.S. 39:100.121(B)(1) is hereby amended and reenacted to read as
2 follows:
3 §100.121.  Capital Outlay Savings Fund
4	*          *          *
5	B.  Monies in the fund shall be used only for the following purposes:
6	(1)  Providing funding for capital outlay projects; however, no withdrawals
7 shall be made from the fund pursuant to the provisions of this Paragraph except by
8 a specific appropriation made in a bill enacted by the legislature.
9	*          *          *
10 Section 6.  R.S. 49:259(B)(1) and (C)(3) are hereby amended and reenacted to read
11 as follows:
12 §259.  Department of Justice Legal Support Fund
13	*          *          *
14	B.(1)  After satisfying the requirements of the Bond Security and Redemption
15 Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the
16 treasurer shall transfer into the fund each fiscal year from proceeds received as
17 provided in Subsection A of this Section an amount which together with the balance
18 in the fund as of each July first is sufficient to bring the balance in the fund to ten
19 fifteen million dollars annually. Annual deposits into the fund shall not exceed a total
20 of ten fifteen million dollars and the balance of the fund shall not exceed ten fifteen
21 million dollars. Any proceeds received as provided in Subsection A of this Section,
22 after making the total annual deposit into the fund of ten fifteen million dollars shall
23 be deposited into the state general fund.
24	*          *          *
25	C.(1)
26	*          *          *
27	(3)  Each fiscal year, monies shall be deposited into the fund in an amount
28 sufficient to bring the unencumbered balance in the fund to ten fifteen million
29 dollars.
30	*          *          *
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are additions. HB NO. 786	ENROLLED
1 Section 7.  R.S. 24:586 is hereby repealed in its entirety.
2 Section 8.  Notwithstanding any provision of law to the contrary, the treasurer is
3 hereby authorized and directed to transfer $10,000,000 from the State General Fund (Direct)
4 to the Coastal Protection and Restoration Fund.
5 Section 9.  In accordance with the provisions of Article VII, Section 10.15(F)(3) of
6 the Constitution of Louisiana, the Legislature of Louisiana, two-thirds of each house
7 concurring, does hereby authorize appropriation from the Revenue Stabilization Trust Fund
8 for the purpose of addressing emergency conditions across the state in Fiscal Year 2024-
9 2025.
10 Section 10.(A)  This Section and Sections 1, 3, 4, and 9 of this Act shall become
11 effective upon signature by the governor or, if not signed by the governor, upon expiration
12 of the time for bills to become law without signature by the governor, as provided by Article
13 III, Section 18 of the Constitution of Louisiana.  If vetoed by the governor and subsequently
14 approved by the legislature, this Section and Sections 1, 3, 4, and 9 of this Act shall become
15 effective on the day following such approval.
16 (B)  Sections 2, 7, and 8 of this Act shall become effective on July 1, 2024; if vetoed
17 by the governor and subsequently approved by the legislature, Sections 2, 7, and 8 of this
18 Act shall become effective on July 1, 2024, or on the day following such approval by the
19 legislature, whichever is later.
20 (C)  Section 5 of this Act shall become effective on January 1, 2025.
21 (D)  Section 6 of this Act shall become effective on July 1, 2025.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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