2011 Louisiana Laws
Revised Statutes
TITLE 49 — State administration
RS 49:308.5 — Special funds and dedication of money

§308.5. Special funds and dedication of money

A. The legislature hereby finds that due to the number of special funds in the state treasury it is difficult for the governor, the legislature, and the public to assess the return on investment of the activities supported by such funds. In order to address this situation, the legislature finds that a system of transparency and accountability needs to be established and that the authority for such funds should routinely sunset unless the return on investment of the activities funded by monies deposited in such fund warrants the continuation of this method of funding. Further inducing competition for funding from the state general fund will put all activities on an equal footing and will allow the governor and the legislature to better prioritize funding.

B.(1) The division of administration shall establish a procedure to assure that the activities supported by a special fund are subject to the same level of transparency and accountability as activities supported by the state general fund. The procedure shall include the annual submission of reports no later than December first of each year for all entities and activities supported by appropriations from the fund.

(2) The reports shall be submitted to the president of the Senate, the speaker of the House of Representatives, and the division of administration. The reports to the division of administration shall be submitted electronically in a form and format as specified and established by the commissioner of administration. The division of administration shall publish the reports in an electronic database so as to ensure transparency and accountability.

(3)(a) Beginning October 1, 2009, and every two years thereafter, the division of administration shall develop a plan and schedule for the review of the special funds and dedications. The plan and schedule shall be submitted to the Joint Legislative Committee on the Budget for its review and approval. The plan may be adjusted annually as needed.

(b) Each plan and schedule shall provide for the review of not more than twenty-five percent of the special funds and dedications. The plan and schedule shall specify the funds and dedications that are to be reviewed.

(c) The Joint Legislative Committee on the Budget, hereinafter referred to as "the committee", shall conduct a review of the special funds and dedications as specified in each such plan and schedule.

(4) No later than February 15, 2010 and every two years thereafter, the committee shall report the findings of each biennial review to the speaker of the House of Representatives, the president of the Senate, the governor, and the commissioner of administration.

C. 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 received by the state or by any state board, agency, or commission which is protected by the Constitution of Louisiana and laws effectuating such special funds and dedications or special funds containing money which is not required by the constitution to be deposited in the state treasury pursuant to Article VII, Section 9(A) of the Constitution of Louisiana.

(2) Special funds in the state treasury established solely as a requirement of the terms, conditions, or requirements of:

(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.

(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 related to the judiciary.

(5) Special funds and dedications of money provided by law related to retirement funds.

Acts 2009, No. 492, §1, eff. July 1, 2009.