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Page 126 SENATE June 21, 2004 Total—0 Adley Total—2 ABSENT Schedler The Chair declared the Conference Committee Report was adopted. Senator Heitmeier moved to reconsider the vote by which the report was adopted and laid the motion on the table. CONFERENCE COMMITTEE REPORT House Bill No. 619 By Representatives Alario and Salter and Senators Heitmeier and Hines June 21, 2004 To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the Senate. Ladies and Gentlemen: We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 619 by Representatives Alario and Salter and Senators Heitmeier and Hines, recommend the following concerning the reengrossed bill: 1. That Senate Committee Amendment Nos. 1, 2, and 3 proposed by the Senate Committee on Finance and adopted by the Senate on June 18, 2004, be adopted. 2. That Senate Committee Amendment Nos. 4 and 5 proposed by the Senate Committee on Finance and adopted by the Senate on June 18, 2004, be rejected. 3. That the Senate Floor Amendment proposed by Senator Dardenne and adopted by the Senate on June 18, 2004, be rejected. 4. That the following amendments to the reengrossed bill be adopted: AMENDMENT NO. 1 On page 1, line 2, after "R.S. 17:3129.6(B)" and before the comma "," insert "and R.S. 47:1835(B) and to enact R.S. 39:137" AMENDMENT NO. 2 On page 1, line 4, after "Fund" and the semicolon ";" and before "to provide" insert the following: "to provide for the use of unexpended balances in the Tax Commission Expense Fund; to establish the 2004 Overcollections Fund as a special fund in the state treasury; to provide for the deposit, investment, and use of monies in the 2004 Overcollections Fund;" AMENDMENT NO. 3 On page 2, line 1, after "allocation of" and before "which" change "such monies so appropriated" to "monies appropriated to the board" AMENDMENT NO. 4 50th DAY'S PROCEEDINGS On page 2, between lines 7 and 8, insert the following: "Section 2. R.S. 39:137 is hereby enacted to read as follows: §137. 2004 Overcollections Fund The 2004 Overcollections Fund, hereinafter referred to as the "fund", is hereby created in the state treasury. After complying with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana relative to the allocation of monies to the Bond Security and Redemption Fund, the treasurer shall deposit into the fund any excess, up to three million two hundred thousand dollars, from the self-generated overcollections of the Office of Financial Institutions. For purposes of this Section, "excess" is defined as the actual selfgenerated over collections from the Office of Financial Institutions for Fiscal Year 2003-2004 less the May 14, 2004, Official Forecast of revenues from self-generated over collections of the Office of Financial Institutions. Monies in the fund shall be subject to appropriation by the legislature for nonrecurring purposes in Fiscal Year 2004-2005. Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on investment of monies in the fund shall be deposited in and credited to the state general fund. Except as otherwise provided in this Section, unexpended and unencumbered monies in the fund at the end of a fiscal year shall be deposited into the state general fund. Section 3. R.S. 47:1835(B) is hereby amended and reenacted to read as follows: §1835. Employment of secretary, clerical help and experts; creation of commission expense fund; authorization for deposits and collection of assessments * * * B. There is hereby established in the state treasury the "Tax Commission Expense Fund", hereinafter referred to as the "expense fund". After credit to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, all assessments and fees, including penalties and interest thereon, received by the tax commission shall be deposited in and credited to the expense fund. Monies on deposit in the expense fund may be expended only pursuant to appropriation. Appropriations from the expense fund shall only be made for expenses and costs of the tax commission, including but not limited to expenses and costs of operations, audits, and examinations and the defense, determination, or development of assessments and assessment procedures, including costs associated with outside experts. Any such assessment or fee, and any penalty and interest thereon, shall constitute an addition to the taxes due for all purposes of this Title. Monies on deposit in the expense fund shall be invested in the same manner as the state general fund. Interest on investment of monies in the expense fund shall be credited to the state general fund. The All unexpended and unencumbered balance monies in the fund in excess of one hundred fifty thousand dollars at the close of any the fiscal year shall be credited to the state general fund. The amount of such balance at the close of any fiscal year not transferred to the state general fund shall remain in the fund. * * *" AMENDMENT NO. 5 On page 2, at the beginning of line 8, change "Section 2." to "Section 4." AMENDMENT NO. 6 On page 2, at the beginning of line 14, change "Section 3." to "Section 5." 2228
50th DAY'S PROCEEDINGS AMENDMENT NO. 7 On page 2, at the beginning of line 20, change "Section 4." to "Section 6." AMENDMENT NO. 8 On page 2, at the beginning of line 26, change "Section 5." to "Section 7." AMENDMENT NO. 9 On page 3, between lines 2 and 3, insert the following: "Section 8. Notwithstanding any provision of law to the contrary and specifically notwithstanding the provisions of R.S. 22:1077(C), unexpended and unencumbered monies in the Louisiana Fire Marshal Fund at the close of the 2003-2004 Fiscal Year shall not revert to the State General Fund and shall remain in the Louisiana Fire Marshal Fund. Section 9. Notwithstanding any provision of law to the contrary and specifically notwithstanding the provisions of R.S. 51:2315, the treasurer is authorized and directed to deposit the amount of two million dollars of Louisiana Economic Development Fund monies to the State General Fund to be used in Fiscal Year 2004-2005. Section 10. Notwithstanding any provision of law to the contrary and specifically notwithstanding the provisions of R.S. 51:2301 et seq., nor any rules or regulations promulgated with respect thereto, the Louisiana Economic Development Corporation shall execute a loan from monies in the Louisiana Economic Development Fund in Fiscal Year 2004-2005 to the Louisiana Stadium and Exposition District in an amount sufficient for the district to pay contractual obligations of the district relative to professional sports franchises, not to exceed seven million five hundred thousand dollars, for a period not to exceed eight years. After the payment in full of all contractual, necessary, statutory, and usual charges, including any indebtedness heretofore or hereafter issued by the district, the loan shall be repaid from the revenues received by the district in any fiscal year which exceed the amount of revenues received by the district in Fiscal Year 2004-2005 together with a growth factor equal to the increase in the consumer price index. Section 11. The 2004 Overcollections Fund shall be abolished on June 30, 2005. The state treasurer is authorized and directed to transfer to the State General Fund any unexpended or unencumbered monies remaining in the fund on June 30, 2005." AMENDMENT NO. 10 On page 3, line 3, change "Section 6." to "Section 12." Respectfully submitted, Representatives: Senators: John A. Alario, Jr. Francis C. Heitmeier Charlie DeWitt Donald E. Hines Edwin R. Murray Joe McPherson Rules Suspended Senator Heitmeier asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On motion of Senator Heitmeier, a vote was taken on the adoption of the report. Page 127 SENATE June 21, 2004 ROLL CALL The roll was called with the following result: YEAS Mr. President Dupre Lentini Adley Ellington Malone Amedee Fields Marionneaux Bajoie Fontenot McPherson Barham Gautreaux, B Michot Boasso Gautreaux, N Mount Boissiere Hainkel Nevers Cain Heitmeier Romero Chaisson Holden Smith Cheek Hollis Theunissen Cravins Jackson Ullo Dardenne Jones Duplessis Kostelka Total—37 NAYS Total—0 ABSENT Irons Schedler Total—2 The Chair declared the Conference Committee Report was adopted. Senator Heitmeier moved to reconsider the vote by which the report was adopted and laid the motion on the table. CONFERENCE COMMITTEE REPORT Senate Bill No. 560 by Senator Fontenot June 21, 2004 To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: We, the conferees appointed to confer over the disagreement between the two houses concerning Senate Bill No. 560 by Senator Fontenot recommend the following concerning the Reengrossed bill: 1. That House Committee Amendment No. 1 proposed by the House Committee on Appropriations and adopted by the House of Representatives on June 14, 2004 be rejected. 2. That Legislative Bureau Amendment Nos. 1 and 2 proposed by the Legislative Bureau and adopted by the House of Representatives on June 14, 2004 be adopted. 3. That the following amendments to the reengrossed bill be adopted: AMENDMENT NO. 1 On page 1, line 7, delete "and 2195.11" and insert ",2195.11, and R.S. 45:1206" AMENDMENT NO. 2 2229
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SENATE - Louisiana

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