§308.3. Special funds; accounts; dedication of money
A.Notwithstanding any other law to the contrary and except as provided by the
Constitution of Louisiana and Subsection B of this Section, all special funds in the state
treasury are abolished and any and all laws of the state which dedicate or otherwise provide
for the use of money required by the Constitution of Louisiana to be deposited in the state
treasury are superseded on the effective date of this Section. The treasurer is therefore
authorized and directed to transfer the balances of the abolished funds and deposit them into
the general fund. Notwithstanding laws requiring certain money to be deposited in and
credited to such abolished special funds, the treasurer, upon receipt of such money, and after
compliance with the require
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§308.3. Special funds; accounts; dedication of money
A. Notwithstanding any other law to the contrary and except as provided by the
Constitution of Louisiana and Subsection B of this Section, all special funds in the state
treasury are abolished and any and all laws of the state which dedicate or otherwise provide
for the use of money required by the Constitution of Louisiana to be deposited in the state
treasury are superseded on the effective date of this Section. The treasurer is therefore
authorized and directed to transfer the balances of the abolished funds and deposit them into
the general fund. Notwithstanding laws requiring certain money to be deposited in and
credited to such abolished special funds, the treasurer, upon receipt of such money, and after
compliance with the requirements of Article VII, Section 9(B) of the constitution relative to
the Bond Security and Redemption Fund, shall deposit the money in and credit it to the
general fund. All interest earned on investment of the money shall be deposited in and
credited to the general fund.
B. This Section shall not apply to or affect the laws which dedicate or otherwise
provide for the use of the following money or the laws which provide for the following
special funds in the state treasury:
(1) Special funds or dedications of money established in or protected by the
Constitution of Louisiana or special funds containing money not required by the constitution
to be deposited in the state treasury.
(2) Special funds established in the treasury or dedications of money established
solely as a requirement of the terms and conditions of, or as a requirement of an agreement
pertaining to, the following:
(a) Grants, donations, or other forms of assistance.
(b) Court or regulatory agency orders or judgments.
(c) Contracts of the state or of its agencies, boards, or commissions, including
contracts related to the issuance of bonds, notes, and other indebtedness.
(d) A contract concerning the satisfaction of final judgments, settlements, or
compromises.
(3) Special funds and dedications of money provided by law for money received by
or on behalf of a state board, agency, authority, or commission which is mainly composed
of and represents members of a trade, business, or professional association from fees or
assessments paid by the members of the trade, business, or professional association and
which expends the money on market or product research and development.
(4) Special funds and dedications of money provided by law funded by assessments
or surcharges for the satisfaction of final judgments, settlements, orders, awards, or
compromises.
(5) Special funds and dedications of money provided by law related to the judiciary.
(6) Any funds including interest earned thereon which are paid or deposited on a
voluntary basis by persons or other private legal entities for their protection or benefit.
(7) The Hazardous Waste Site Cleanup Fund created and maintained pursuant to R.S.
30:2205 and the Environmental Trust Dedicated Fund Account created and maintained
pursuant to R.S. 30:2015.
C. This Section shall not apply to or affect R.S. 47:5001 et seq. relative to the State
Tax Revenue Limit.
D. This Section shall not apply to the Motorcycle Safety, Awareness, and Operator
Training Program Dedicated Fund Account as provided in R.S. 32:412(C)(2), the Proprietary
School Student Protection Dedicated Fund Account as provided for in R.S. 17:3141.16.
E. Not later than March first of each fiscal year, the treasurer shall submit to the Joint
Legislative Committee on the Budget and the legislative fiscal office a report on special
funds which shall include but not be limited to a listing of all currently authorized special
funds created by the legislature, together with the legal citation, date of creation, cash balance
in the fund as of the end of the prior fiscal year, and a notation of whether or not any revenue
or expenditure activity has occurred during the prior fiscal year.
Added by Acts 1988, 1st Ex. Sess., No. 5, §1, eff. July 1, 1988; Acts 1988, No. 815,
§2, eff. July 18, 1988; Acts 1989, No. 392, §2, eff. June 30, 1989; Acts 1989, No. 642, §2;
Acts 1989, No. 798, §2; Acts 1995, No. 1127, §1; Acts 2009, No. 138, §2; Acts 2018, No.
612, §16, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.