Judges: RICHARD P. IEYOUB
Filed Date: 9/24/2002
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Baer:
You requested the opinion of this office concerning whether the provisions of Section 2 of Act
Section 1 of Act 1380 amended several statutes pertaining to the avails of the State sales tax, provided for the St. Tammany Parish Fund and provided relative to the New Orleans Area Tourism and Economic Development Fund (the "Fund"). Act 1380 amended R.S.
Section 2 of Act 1380 pertains to monies which were in the Fund at the end of Fiscal Year 1998-1999, which would the monies in the Fund at midnight, June 30, 1999, and provides in pertinent part as follows:
"Section 2. All unexpended and unencumbered monies in the fund at the end of fiscal year 1998-1999, shall remain in the fund and shall be appropriated and distributed only for the purposes and to the persons and entities under the terms and conditions provided in Section 2 of this Act . . . Notwithstanding the foregoing provisions of this Section, all such unexpended and unencumbered monies allocated to the senator representing Senatorial District 6 are hereby allocated to the New Orleans Police Foundation." (Emphasis added)
Section 2 of Act 1380 only deals with the unexpended and unencumbered monies which were in the Fund at the end of Fiscal Year 1998-1999. Nothing in Section 2 pertains to monies deposited into the Fund on or after July 1, 1999; monies deposited in the Fund on and after July 1, 1999 are allocated as provided in Section 1 of Act 1380. Section 1 does not contain a provision similar to that contained in Section 2 relative to the use of Senatorial District 6 monies for the New Orleans Police Foundation. As you advised, R.S.
Accordingly, the limitation on the use of the monies allocated to the senator from Senatorial District 6 contained in Section 2 of Act 1380 only applied to the unexpended and unencumbered monies in the Fund at the end of Fiscal Year 1998-1999 and that limitation does not apply to any monies allocated to Senatorial District 6 in subsequent years.
Trusting this adequately responds to your request, we remain
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: ____________________________ MARTHA S. HESS Assistant Attorney General
RPI:MSH:jv