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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HB NO. 786 ENROLLED 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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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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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. Page 4 of 10 CODING: Words in struck through type are deletions from existing law; words underscored 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 * * * Page 5 of 10 CODING: Words in struck through type are deletions from existing law; words underscored 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. Page 6 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 786 ENROLLED 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. Page 7 of 10 CODING: Words in struck through type are deletions from existing law; words underscored 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. Page 8 of 10 CODING: Words in struck through type are deletions from existing law; words underscored 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 * * * Page 9 of 10 CODING: Words in struck through type are deletions from existing law; words underscored 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: Page 10 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions.