2018 Louisiana Laws
Revised Statutes
TITLE 49 - State Administration
RS 49:308 - State funds; deposit in state treasury; exceptions; lock box services; reports

§308. State funds; deposit in state treasury; exceptions; lock box services; reports

A. All money received by the state or by any state board, commission, or agency shall be deposited immediately upon receipt in the state treasury, except that received:

(1) As a result of grants or donations or other forms of assistance when the terms and conditions thereof or of agreements pertaining thereto require otherwise.

(2) By trade or professional associations, including the Louisiana State Board of Cosmetology.

(3) By the employment security administration fund or its successor.

(4) By retirement systems or funds.

(5) By state agencies operating under authority of the constitution preponderantly from fees and charges for the shipment of goods in international maritime trade and commerce.

(6) By a state board, agency, or commission, but pledged by it in connection with the issuance of revenue bonds as provided by Section 6(C) of Article VII of the constitution, other than any surplus which is defined in the law authorizing such revenue bonds.

(7) By a levee district or political subdivision, unless the full faith and credit of the state is pledged to the payment of the bonds of the levee district or political subdivision.

B. Only such monies shall be available for expenditure by state agencies as are appropriated by the legislature or dedicated by the constitution.

C. Dedicated monies shall be credited by the state treasurer to the agency to which the dedication is made, but only so much thereof shall be available for expenditure in any fiscal year as is appropriated by the legislature for such fiscal year, except as to revenues dedicated by the constitution.

D. The funds covered by this Section are to be considered as a means of financing the operations of the agencies to which appropriated or dedicated, and expenditures shall be subject to the laws and regulations relating to budgeting by state agencies and the budgetary controls provided for by Title 39 of the Louisiana Revised Statutes of 1950, as amended, insofar as these laws and regulations are not inconsistent with the purposes of this Section.

E.(1) "State or state board, agency, or commission", as used in Subsection A of this Section, means any state office, department, board, commission, institution, division, officer, or other person or functional group authorized to exercise or that does exercise any functions of the government of the state.

(2) The term does not include:

(a) Offices and officers referred to in Article V of the Constitution of Louisiana.

(b) The legislature, or any officer, agency, or employee thereof.

(c) Any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions.

(d) The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Supervisors of the University of Louisiana System, and the colleges and universities supervised and managed by each.

(e) The Board of Supervisors of Community and Technical Colleges, and the community and technical colleges supervised and managed by such board.

(f) Any public trust created under R.S. 9:2341 through 2347.

F. "Political subdivision" as used in Paragraph (7) of Subsection A of this Section means any judicial circuit, judicial district, office of public defender within a judicial district, school board, parish, municipality, or any other unit of local government, including a special district authorized by law to perform governmental functions. The term special district includes a parishwide special district, a special district within a parish, multi-parish districts, and all port authorities, boards, commissions and districts.

G. The state or any state board, agency, commission, or political subdivision may use commercial banks or other financial institutions, each of which shall have its principal office located in this state, to provide lock box services, as that term is generally understood in the national financial markets, for the collection of revenues. The use of lock box services may include the handling of tax returns or records, as such are characterized in R.S. 47:1508, by the financial institution providing such service without such service being a violation of R.S. 47:1508 regarding the confidential nature of such records. Nothing in this Subsection shall be construed as making any returns of taxpayers or records pertaining to those returns a matter of public record as such returns or records are specifically excluded by Article VII, Section 12 of the Constitution of Louisiana.

H. The state treasurer shall submit to the governor and the legislature a monthly report of all revenues received for each state tax, license, and fee, designated by agency on forms to be provided by the legislative fiscal office. The report shall be due on the fifteenth day of the month after the month in which the revenues were received.

Acts 1976, No. 428, §1, eff. July 31, 1976. Amended by Acts 1978, No. 489, §1; Acts 1987, No. 673, §1; Acts 1989, No. 836, §3, eff. July 1, 1989; Acts 1997, No. 489, §2, eff. July 1, 1997; Acts 2003, No. 756, §1.