LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SB 145 SLS 21RS 188
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 4, 2021 3:33 PM Author: WARD
Dept./Agy.: Judiciary/Judicial Districts
Subject: Drug Court Analyst: Rebecca Robinson
COURTS EN SEE FISC NOTE SD EX See Note Page 1 of 1
Provides relative to mandatory drug testing, screening, and assessment for drug and specialty court participation for certain
offenders. (See Act)
Present law provides that every person arrested for a violation of the Uniform Controlled Dangerous Substances Law or a crime of violence
must submit to a pretrial drug test for the presence of certain controlled substances. Proposed law retains present law and adds: 1) drug
testing to occur within 24 hours of the booking of the person; 2) a person testing positive is to be clinically screened to determine if the
person is suitable for a drug or specialty court program; 3) a person who is deemed suitable is subject to additional provisions of proposed
law relative to mandatory assessment; 4) information relative to drug testing and screening are confidential; and 5) the costs and
expenses of the drug testing and screening are eligible for reimbursement from the Drug and Specialty Court Fund created by proposed
law. Proposed law provides that if monies cease to exist in the Drug and Specialty Court Fund, those testing and screening provisions will
cease to be mandatory. Proposed law states that all monies received by the state in connection with the opioid litigation shall be
deposited into the fund. Proposed law relative to mandatory drug testing and screening and drug and specialty courts will take effect
one year from the date on which the balance of the Drug and Specialty Court Fund reaches $10M.
EXPENDITURES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
EXPENDITURE EXPLANATION
The state may realize increased Statutory Dedication expenditures out of the Drug and Specialty Court Fund if the state
receives monies from the opioid litigation and those are deposited into the Fund. The Attorney General’s (AG) office will
administer the Drug and Specialty Court Fund and disburse monies to the Louisiana Supreme Court to fund and administer
drug courts throughout the state. Funds will not be distributed until one year from the date on which the statutorily
dedicated Drug and Specialty Court Fund reaches a balance of $10 M.
Note: The funds in the Drug and Specialty Court Fund are to be used for the expansion and enhancement of the Louisiana
Drug and Specialty Courts program at the LSC. The LFO assumes the program will continue to receive an existing SGF
appropriation ($15.9 M for FY 22), and the funds in the Drug and Specialty Court Fund will be an additional appropriation.
Creating a new statutory dedication within the state treasury will result in a marginal workload increase for the Department
of Treasury, which can generally be absorbed within existing resources. However, to the extent other legislative instruments
create new statutory dedications, there may be material additional costs associated with the aggregate effort to administer
these funds. The Treasury performs fund accounting, financial reporting, banking and custodial functions for 404 special
funds. When unable to absorb additional workload with existing resources, the Treasury anticipates it will be required to add
one T.O. position at a total personnel services cost of approximately $71,000, plus approximately $2,450 for a one-time
purchase of office equipment. These expenditures are assumed to be SGF in this fiscal note.
REVENUE EXPLANATION
There is no immediate impact to revenues of state and local agencies, as well as other eligible entities as a result of the
proposed legislation. Revenue shall be deposited by the state treasury into the statutorily dedicated Drug and Specialty
Court Fund upon settlement or final adjudication of the opioid litigation. The Fund will have no other dedicated, recurring
source of revenue and is assumed to be a depleting resource unless expenditures do not outpace the net of expenditures
and investment returns.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Alan M. Boxberger
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director


Statutes affected:
SB145 Original: 13:5304(B)(3)
SB145 Engrossed: 13:5304(B)(3)
SB145 Reengrossed: 13:5304(B)(3)
SB145 Enrolled: 13:5304(B)(3)