RS 2403 - Creation of the Children's Trust Fund
A. There is hereby established a special fund in the state treasury to be known as the "Children's Trust Fund", consisting of monies provided by the legislature and monies received from any other sources, including funds derived from donations of income tax refunds as provided in R.S. 47:120.35 and funds derived from fees as provided in Subsection B of this Section. The legislature shall make yearly appropriations to the account for the purposes set forth in this Chapter to the extent that state funds are available.
NOTE: §2403 Section heading and Subsection (A) as amended by Acts 2021, No. 114, eff. July 1, 2022.
RS 2403 - Creation of the Children's Trust Dedicated Fund Account
A. There is hereby established a special statutorily dedicated fund account in the state treasury to be known as the "Children's Trust Dedicated Fund Account", hereafter referred to in this Section as the "account", consisting of monies provided by the legislature and monies received from any other sources, including funds derived from donations of income tax refunds as provided in R.S. 47:120.35 and funds derived from fees as provided in Subsection B of this Section. The legislature shall make yearly appropriations to the account for the purposes set forth in this Chapter to the extent that state funds are available. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
B. In addition to the fees collected for issuance of a short form birth certification card and for issuance of a certified copy of an original birth record or "long form" copy, the office of public health of the Louisiana Department of Health shall collect an additional fee of four dollars upon the filing of each request. The office of public health shall remit the total amount of such additional fees to the state treasurer on a monthly basis, in accordance with rules and regulations of the state treasurer.
NOTE: Subsection C and Paragraph (D)(1) eff. until July 1, 2022. See Acts 2021, No. 114.
C. Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all such additional fees collected as provided in Subsection B of this Section shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into the Children's Trust Fund an amount equal to the total amount of the additional birth certificate fees paid into the treasury pursuant to Subsection B of this Section.
D.(1) The monies in the fund shall be used solely for programs designed to prevent the physical and sexual abuse and gross neglect of children. Disbursement of the amount appropriated each year shall be made as determined by the Children's Cabinet with consideration of recommendations made by the Children's Trust Fund Board. All unexpended and unencumbered monies in this fund at the end of the fiscal year shall remain to the credit of the fund.
NOTE: Subsection C and Paragraph (D)(1) as amended by Acts 2021, No. 114, eff. July 1, 2022.
C. Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all such additional fees collected as provided in Subsection B of this Section shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into the account an amount equal to the total amount of the additional birth certificate fees paid into the treasury pursuant to Subsection B of this Section.
D.(1) The monies in the account shall be used solely for programs designed to prevent the physical and sexual abuse and gross neglect of children. Disbursement of the amount appropriated each year shall be made as determined by the Children's Cabinet with consideration of recommendations made by the Children's Trust Fund Board. All unexpended and unencumbered monies in the account at the end of the fiscal year shall remain to the credit of the account.
(2) Outreach, communications, and other efforts to raise public awareness concerning the Safe Haven Law relative to infant relinquishment, Children's Code Article 1149 et seq., are hereby declared to be consistent with the purposes of this Subsection, and are hereby deemed to qualify as programs eligible for funding pursuant to the provisions of this Chapter.
NOTE: Subsection E eff. until July 1, 2022. See Acts 2021, No. 114.
E. The Children's Cabinet shall determine the eligibility of programs to receive funding based upon a nonbiased system of scoring by volunteer grant reviewers and recommendations by the Children's Trust Fund Board, and the administration of the fund shall be exercised by the office in accordance with the directives of the cabinet and the provisions of R.S. 36:4(B)(8) and R.S. 46:2407.
NOTE: Subsection E as amended by Acts 2021, No. 114, eff. July 1, 2022.
E. The Children's Cabinet shall determine the eligibility of programs to receive funding based upon a nonbiased system of scoring by volunteer grant reviewers and recommendations by the Children's Trust Fund Board, and the administration of the account shall be exercised by the office in accordance with the directives of the cabinet and the provisions of R.S. 36:4(B)(8) and R.S. 46:2407.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 1992, No. 900, §1, eff. July 1, 1993; Acts 1996, No. 9, §1; Acts 2015, No. 223, §2; Acts 2017, No. 237, §2; Acts 2021, No. 114, §§12, 18, eff. July 1, 2022.