2011 Louisiana Laws
Revised Statutes
TITLE 39 — Public finance
RS 39:100.101 — The fema mobile home reimbursement fund

SUBPART P-3. THE FEMA MOBILE HOME REIMBURSEMENT FUND

§100.101. The FEMA Mobile Home Reimbursement Fund

A. The commissioner of the office of motor vehicles shall determine by the best means available and identify for the treasurer the following:

(1) State tax, penalty, and interest received after July 9, 2008, paid by any person pursuant to Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950, or pursuant to any other sales or use tax of the state or of a political subdivision whose boundaries are coterminous with those of the state on mobile or manufactured homes provided to Louisiana citizens by the Federal Emergency Management Agency, referred to in this Subpart as "FEMA", or the General Services Administration (GSA) and used or intended for use solely as residential housing and returned thereafter to such agencies. Such funds shall be deposited upon receipt in the state treasury and shall be identified to the treasurer.

(2) The amount of such tax, penalty and interest paid on such mobile or manufactured homes provided by FEMA or the General Services Administration (GSA) to Louisiana citizens and used or intended for use solely as residential housing from August 29, 2005, to July 9, 2008, and returned thereafter to such agencies.

B.(1)(a) After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund and prior to any money being placed into the general fund or any other fund, an amount equal to that deposited as required by Paragraph (A)(1) of this Section shall be credited by the treasurer to a special fund hereby created in the state treasury to be known as the FEMA Mobile Home Reimbursement Fund. In addition, an amount equal to the amount identified by the commissioner of the office of motor vehicles as provided for in Paragraph (A)(2) of this Section shall also be credited by the treasurer from the state general fund to such special fund.

(b) The money in the fund shall be appropriated by the legislature to be used solely as provided for in Subsection D of this Section.

C. The money in the fund shall be invested by the treasurer in the same manner as money in the state general fund and interest earned on the investment of the money shall be credited to the fund. All unexpended and unencumbered money in the fund at the end of the year shall remain in the fund.

D.(1) The money in the FEMA Mobile Home Reimbursement Fund shall be appropriated by the legislature to be used solely for refunding any state tax, penalty, and interest paid by a person on or after August 29, 2005, pursuant to Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950, or pursuant to any other sales or use tax of the state or of a political subdivision whose boundaries are coterminous with those of the state which was due on a mobile or manufactured home provided to Louisiana citizens by FEMA or the General Services Administration (GSA) and used or intended for use solely as residential housing and returned thereafter to such agencies.

(2) Persons requesting a refund for any sales tax, penalty, or interest paid pursuant to this Subsection shall present evidence of the payment of such taxes, penalty, or interest to the state treasurer in order to obtain a refund.

Acts 2008, No. 880, §1, eff. July 9, 2008.