Judges: RICHARD P. IEYOUB
Filed Date: 3/22/1993
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Austin:
You requested an opinion of this office regarding the provisions of LSA-R.S.
(1) Does the cessation of the TIME legislation as provided for in LSA-R.S.
47:820.4 negate the repayment provisions of LSA-R.S.47:820.2 (C)?(2) Does the projection of the lack of a residual in the TIME account negate the repayment provisions of LSA-R.S.
47:820.2 (C)?(3) Is DOTD responsible for planning the repayment of interfund borrowing made under the provisions of LSA-R.S.
47:820.2 (C)?
LSA-R.S.
Monies in the Transportation Infrastructure Model for Economic Development Account not needed for the payment of principal, interest, or premium, if any, or other charges related to the issuance of bonds by the State Bond Commission may be appropriated and used for purposes not inconsistent with the Transportation Trust Fund. Any such appropriations must be made before January 1, 1994. The total of any such appropriations made shall not exceed one hundred sixty million dollars in the aggregate. All such appropriations made for Transportation Trust Fund projects and purposes other than those provided for in Subsection B of this Section shall be considered interfund borrowing and shall be returned to the credit of the account no later than June 30, 2010.
It is uncontroverted that $160 million was transferred from the TIME Account to the Transportation Trust Fund for use on projects not listed in LSA-R.S.
LSA-R.S.
This Part shall cease to be in effect fifteen years from the date of the imposition of the tax described herein or at such time as all outstanding bonds or other indebtedness issued for the projects enumerated in this Part and payable from the proceeds of the tax levied by this Part have been paid in full as to principal and interest, whichever is sooner.
LSA-R.S.
§ 820.1 Imposition of tax
A. There is hereby levied a tax of four cents per gallon on all gasoline and motor fuels as presently taxed by the provisions of Part I of this Chapter and on special fuels as presently taxed by the provisions of Part V of this Chapter.
The effective date of this provision is January 1, 1990. Therefore, under LSA-R.S.
However, LSA-R.S.
It is well established under the law of this state that, when considering the interpretation of a statute, a particular law will be applied by the courts as written when it is clear and unambiguous and such application does not lead to absurd consequences; in such cases, no further interpretation may be made in search of legislative intent. La. Civ. Code art.
Therefore, it is the opinion of this office that the legislature should consider enacting legislation which would allow its purposes and intentions in originally enacting LSA-R.S.
Regarding whether the projection of the lack of a residual in the TIME Account negates the repayment provisions in LSA-R.S.
As to the third issue, concerning planning the repayment of the interfund borrowing, it would appear that the conclusion drawn in your opinion request is essentially correct. Since the Department of Transportation and Development borrowed the funds, the responsibility for planning the repayment of these funds should rest with the Department. However, the provisions of LSA-R.S.
In conclusion, it is the opinion of this office that legislative action is appropriate to avoid obvious problems of application of the provisions of LSA-R.S.
Trusting this adequately responds to your request, I remain,
Yours very truly,
RICHARD P. IEYOUB Attorney General
BY: MARTHA S. HESS Assistant Attorney General
RPI/MSH/jav/2887
cc: Gen. Jude Patin Whit Kling Gary Hall Gerald Ray