Senate Bill sb2512

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    Florida Senate - 2004                                  SB 2512

    By Senator Lee





    10-1678A-04

  1                      A bill to be entitled

  2         An act relating to the service charge on

  3         general revenue; amending s. 215.20, F.S.;

  4         applying a uniform service charge to income

  5         deposited into all trust funds of the state;

  6         exempting trust fund income from the service

  7         charge if the moneys are subject to certain

  8         investment or bond requirements or held by the

  9         state in its capacity as agent or fiduciary, or

10         if the Executive Office of the Governor, in

11         consultation with the Legislature, determines

12         that the state would lose revenue; deleting

13         provisions authorizing a reduced service charge

14         for certain trust funds; deleting provisions

15         specifying certain trust funds to which the

16         service charge applies; repealing ss. 215.211,

17         215.22, and 215.24, F.S., relating to

18         deductions from the service charge and

19         specified exemptions; amending ss. 20.2553,

20         202.193, 250.175, 339.082, 365.173, 372.107,

21         464.0198, 498.019, 561.027, 570.205, 576.045,

22         932.705, 943.365, and 1013.63, F.S., and

23         repealing s. 372.106(3), F.S., relating to

24         various trust funds of the state; conforming

25         provisions to changes made by the act;

26         providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 215.20, Florida Statutes, is

31  amended to read:

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 1         215.20  Certain income and certain trust funds to

 2  contribute to the General Revenue Fund.--

 3         (1)  A service charge of 7.3 7 percent, representing

 4  the estimated pro rata share of the cost of general government

 5  paid from the General Revenue Fund, is hereby appropriated

 6  from all income of a revenue nature deposited in all trust

 7  funds except those enumerated in s. 215.22.  Income of a

 8  revenue nature shall include all earnings received or credited

 9  by such trust funds, including the interest or benefit

10  received from the investment of the principal of such trust

11  funds as may be permitted by law.  This provision shall be

12  construed in favor of the General Revenue Fund in each

13  instance.  All such appropriations shall be deposited in the

14  General Revenue Fund.

15         (2)  Income of a revenue nature in any trust fund is

16  not subject to the service charge if:

17         (a)  Investment of such moneys and the retention of

18  interest is required by federal programs or mandates;

19         (b)  Investment of such moneys and the retention of

20  interest is required by bond covenants, indentures, or

21  resolutions;

22         (c)  Such moneys are held by the state in a trustee

23  capacity as an agent or fiduciary for individuals, private

24  organizations, or other governmental units; or

25         (d)  The Executive Office of the Governor determines,

26  after consultation with the Legislature pursuant to the

27  procedures of s. 216.177, that federal matching funds or

28  contributions or private grants to any trust fund would be

29  lost to the state.

30         (2)  Notwithstanding the provisions of subsection (1):

31  

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 1         (a)  The trust funds of the Department of Citrus and

 2  the Department of Agriculture and Consumer Services, including

 3  funds collected in the General Inspection Trust Fund for

 4  marketing orders and in the Florida Citrus Advertising Trust

 5  Fund, shall be subject to a 3-percent service charge, which is

 6  hereby appropriated to the General Revenue Fund.  This

 7  paragraph does not apply to the Conservation and Recreation

 8  Lands Program Trust Fund, the Florida Quarter Horse Racing

 9  Promotion Trust Fund, the Citrus Inspection Trust Fund, the

10  Florida Forever Program Trust Fund, the Florida Preservation

11  2000 Trust Fund, the Market Improvements Working Capital Trust

12  Fund, the Pest Control Trust Fund, the Plant Industry Trust

13  Fund, or other funds collected in the General Inspection Trust

14  Fund in the Department of Agriculture and Consumer Services.

15         (b)  The Save the Manatee Trust Fund in the Fish and

16  Wildlife Conservation Commission shall be subject to a

17  3-percent service charge, which is hereby appropriated to the

18  General Revenue Fund.

19         (3)  A service charge of 0.3 percent is hereby

20  appropriated from income of a revenue nature deposited in the

21  trust funds enumerated in subsection (4). Income of a revenue

22  nature shall include all earnings received or credited by such

23  trust funds, including the interest or benefit received from

24  the investment of the principal of such trust funds as may be

25  permitted by law. This provision shall be construed in favor

26  of the General Revenue Fund in each instance.  All such

27  appropriations shall be deposited in the General Revenue Fund.

28         (4)  The income of a revenue nature deposited in the

29  following described trust funds, by whatever name designated,

30  is that from which the appropriations authorized by subsection

31  (3) shall be made:

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 1         (a)  Within the Agency for Health Care Administration:

 2         1.  The Florida Organ and Tissue Donor Education and

 3  Procurement Trust Fund.

 4         2.  The Health Care Trust Fund.

 5         3.  The Resident Protection Trust Fund.

 6         (b)  Within the Agency for Workforce Innovation:

 7         1.  The Employment Security Administration Trust Fund.

 8         2.  The Special Employment Security Administration

 9  Trust Fund.

10         (c)  Within the Department of Agriculture and Consumer

11  Services:

12         1.  The Conservation and Recreation Lands Program Trust

13  Fund.

14         2.  The Florida Quarter Horse Racing Promotion Trust

15  Fund.

16         3.  The General Inspection Trust Fund and subsidiary

17  accounts thereof, unless a different percentage is authorized

18  by s. 570.20.

19         4.  The Division of Licensing Trust Fund.

20         (d)  Within the Department of Business and Professional

21  Regulation:

22         1.  The Administrative Trust Fund.

23         2.  The Alcoholic Beverage and Tobacco Trust Fund.

24         3.  The Cigarette Tax Collection Trust Fund.

25         4.  The Division of Florida Land Sales, Condominiums,

26  and Mobile Homes Trust Fund.

27         5.  The Hotel and Restaurant Trust Fund, with the

28  exception of those fees collected for the purpose of funding

29  of the hospitality education program as stated in s. 509.302.

30         6.  The Professional Regulation Trust Fund.

31  

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 1         7.  The trust funds administered by the Division of

 2  Pari-mutuel Wagering.

 3         (e)  Within the Department of Children and Family

 4  Services:

 5         1.  The Administrative Trust Fund.

 6         2.  The Child Welfare Training Trust Fund.

 7         3.  The Children and Adolescents Substance Abuse Trust

 8  Fund.

 9         4.  The Domestic Violence Trust Fund.

10         5.  The Grants and Donations Trust Fund.

11         6.  The Operations and Maintenance Trust Fund.

12         (f)  Within the Department of Citrus, the Florida

13  Citrus Advertising Trust Fund, including transfers from any

14  subsidiary accounts thereof, unless a different percentage is

15  authorized in s. 601.15(7).

16         (g)  Within the Department of Community Affairs, the

17  Operating Trust Fund.

18         (h)  Within the Department of Education:

19         1.  The Educational Certification and Service Trust

20  Fund.

21         2.  The Phosphate Research Trust Fund.

22         (i)  Within the Department of Elderly Affairs:

23         1.  The Administrative Trust Fund.

24         2.  The Federal Grants Trust Fund.

25         3.  The Grants and Donations Trust Fund.

26         4.  The Operations and Maintenance Trust Fund.

27         (j)  Within the Department of Environmental Protection:

28         1.  The Administrative Trust Fund.

29         2.  The Air Pollution Control Trust Fund.

30         3.  The Conservation and Recreation Lands Trust Fund.

31  

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 1         4.  The Ecosystem Management and Restoration Trust

 2  Fund.

 3         5.  The Environmental Laboratory Trust Fund.

 4         6.  The Florida Coastal Protection Trust Fund.

 5         7.  The Florida Permit Fee Trust Fund.

 6         8.  The Forfeited Property Trust Fund.

 7         9.  The Grants and Donations Trust Fund.

 8         10.  The Inland Protection Trust Fund.

 9         11.  The Internal Improvement Trust Fund.

10         12.  The Land Acquisition Trust Fund.

11         13.  The Minerals Trust Fund.

12         14.  The Nonmandatory Land Reclamation Trust Fund.

13         15.  The State Park Trust Fund.

14         16.  The Water Quality Assurance Trust Fund.

15         17.  The Working Capital Trust Fund.

16         (k)  Within the Department of Financial Services:

17         1.  The Agents and Solicitors County Tax Trust Fund.

18         2.  The Insurance Regulatory Trust Fund.

19         3.  The Special Disability Trust Fund.

20         4.  The Workers' Compensation Administration Trust

21  Fund.

22         (l)  Within the Department of Health:

23         1.  The Administrative Trust Fund.

24         2.  The Brain and Spinal Cord Injury Program Trust

25  Fund.

26         3.  The Donations Trust Fund.

27         4.  The Emergency Medical Services Trust Fund.

28         5.  The Epilepsy Services Trust Fund.

29         6.  The Florida Drug, Device, and Cosmetic Trust Fund.

30         7.  The Grants and Donations Trust Fund.

31         8.  The Medical Quality Assurance Trust Fund.

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 1         9.  The Nursing Student Loan Forgiveness Trust Fund.

 2         10.  The Planning and Evaluation Trust Fund.

 3         11.  The Radiation Protection Trust Fund.

 4         (m)  Within the Department of Highway Safety and Motor

 5  Vehicles, the DUI Programs Coordination Trust Fund.

 6         (n)  Within the Department of Legal Affairs, the Crimes

 7  Compensation Trust Fund.

 8         (o)  Within the Department of Management Services:

 9         1.  The Administrative Trust Fund.

10         2.  The Architects Incidental Trust Fund.

11         3.  The Bureau of Aircraft Trust Fund.

12         4.  The Florida Facilities Pool Working Capital Trust

13  Fund.

14         5.  The Grants and Donations Trust Fund.

15         6.  The Motor Vehicle Operating Trust Fund.

16         7.  The Police and Firefighters' Premium Tax Trust

17  Fund.

18         8.  The Public Employees Relations Commission Trust

19  Fund.

20         9.  The State Personnel System Trust Fund.

21         10.  The Supervision Trust Fund.

22         11.  The Working Capital Trust Fund.

23         (p)  Within the Department of Revenue:

24         1.  The Additional Court Cost Clearing Trust Fund.

25         2.  The Administrative Trust Fund.

26         3.  The Apalachicola Bay Oyster Surcharge Clearing

27  Trust Fund.

28         4.  The Certification Program Trust Fund.

29         5.  The Fuel Tax Collection Trust Fund.

30         6.  The Land Reclamation Trust Fund.

31  

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 1         7.  The Local Alternative Fuel User Fee Clearing Trust

 2  Fund.

 3         8.  The Local Option Fuel Tax Trust Fund.

 4         9.  The Motor Vehicle Rental Surcharge Clearing Trust

 5  Fund.

 6         10.  The Motor Vehicle Warranty Trust Fund.

 7         11.  The Oil and Gas Tax Trust Fund.

 8         12.  The Secondhand Dealer and Secondary Metals

 9  Recycler Clearing Trust Fund.

10         13.  The Severance Tax Solid Mineral Trust Fund.

11         14.  The State Alternative Fuel User Fee Clearing Trust

12  Fund.

13         15.  All taxes levied on motor fuels other than

14  gasoline levied pursuant to the provisions of s. 206.87(1)(a).

15         (q)  Within the Department of State:

16         1.  The Records Management Trust Fund.

17         2.  The trust funds administered by the Division of

18  Historical Resources.

19         (r)  Within the Department of Transportation, all

20  income derived from outdoor advertising and overweight

21  violations which is deposited in the State Transportation

22  Trust Fund.

23         (s)  Within the Department of Veterans' Affairs:

24         1.  The Grants and Donations Trust Fund.

25         2.  The Operations and Maintenance Trust Fund.

26         3.  The State Homes for Veterans Trust Fund.

27         (t)  Within the Division of Administrative Hearings,

28  the Administrative Trust Fund.

29         (u)  Within the Fish and Wildlife Conservation

30  Commission:

31  

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 1         1.  The Conservation and Recreation Lands Program Trust

 2  Fund.

 3         2.  The Florida Panther Research and Management Trust

 4  Fund.

 5         3.  The Land Acquisition Trust Fund.

 6         4.  The Marine Resources Conservation Trust Fund, with

 7  the exception of those fees collected for recreational

 8  saltwater fishing licenses as provided in s. 372.57.

 9         (v)  Within the Florida Public Service Commission, the

10  Florida Public Service Regulatory Trust Fund.

11         (w)  Within the Justice Administrative Commission, the

12  Indigent Criminal Defense Trust Fund.

13         (x)  Within the Office of Financial Regulation of the

14  Financial Services Commission:

15         1.  The Administrative Trust Fund.

16         2.  The Anti-Fraud Trust Fund.

17         3.  The Financial Institutions' Regulatory Trust Fund.

18         4.  The Mortgage Brokerage Guaranty Fund.

19         5.  The Regulatory Trust Fund.

20  

21  The enumeration of the foregoing moneys or trust funds shall

22  not prohibit the applicability thereto of s. 215.24 should the

23  Governor determine that for the reasons mentioned in s. 215.24

24  the money or trust funds should be exempt herefrom, as it is

25  the purpose of this law to exempt income from its force and

26  effect when, by the operation of this law, federal matching

27  funds or contributions or private grants to any trust fund

28  would be lost to the state.

29         (3)(5)  There is appropriated from the proper

30  respective trust funds from time to time such sums as may be

31  

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 1  necessary to pay to the General Revenue Fund the service

 2  charges imposed by this section.

 3         Section 2.  Sections 215.211, 215.22, and 215.24,

 4  Florida Statutes, are repealed.

 5         Section 3.  Subsection (1) of section 20.2553, Florida

 6  Statutes, is amended to read:

 7         20.2553  Federal Law Enforcement Trust Fund.--

 8         (1)  The Federal Law Enforcement Trust Fund is created

 9  within the Department of Environmental Protection. The

10  department may deposit into the trust fund receipts and

11  revenues received as a result of federal criminal,

12  administrative, or civil forfeiture proceedings and receipts

13  and revenues received from federal asset-sharing programs. The

14  trust fund is exempt from the service charges imposed by s.

15  215.20.

16         Section 4.  Subsection (1) of section 202.193, Florida

17  Statutes, is amended to read:

18         202.193  Local Communications Services Tax Clearing

19  Trust Fund.--

20         (1)  The Local Communications Services Tax Clearing

21  Trust Fund is created within the Department of Revenue.

22  Proceeds from the local communications services tax levied

23  pursuant to s. 202.19 shall be deposited in the trust fund for

24  distribution to municipalities and counties as provided in s.

25  202.18. Moneys deposited in the trust fund are exempt from the

26  service charges imposed under s. 215.20.

27         Section 5.  Paragraph (b) of subsection (1) of section

28  250.175, Florida Statutes, is amended to read:

29         250.175  Trust funds; authorization; name; purpose.--

30         (1)

31  

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 1         (b)  Notwithstanding s. 216.301 and pursuant to s.

 2  216.351, any balance in the trust fund at the end of any

 3  fiscal year will remain in the trust fund and be available for

 4  carrying out the purposes of the trust fund. This trust fund

 5  is exempt from the service charges imposed by s. 215.20.

 6         Section 6.  Subsection (1) of section 339.082, Florida

 7  Statutes, is amended to read:

 8         339.082  Federal Law Enforcement Trust Fund.--

 9         (1)  The Federal Law Enforcement Trust Fund is created

10  within the Department of Transportation. The department may

11  deposit into the trust fund receipts and revenues received as

12  a result of federal criminal, administrative, or civil

13  forfeiture proceedings and receipts and revenues received from

14  federal asset-sharing programs. The trust fund is exempt from

15  the service charges imposed by s. 215.20.

16         Section 7.  Subsection (1) of section 365.173, Florida

17  Statutes, is amended to read:

18         365.173  Wireless Emergency Telephone System Fund.--

19         (1)  All revenues derived from the E911 fee levied on

20  subscribers under s. 365.172 must be paid into the State

21  Treasury on or before the 15th day of each month. Such moneys

22  must be accounted for in a special fund to be designated as

23  the Wireless Emergency Telephone System Fund, a fund created

24  in the State Technology Office and must be invested by the

25  Chief Financial Officer pursuant to s. 17.61. All moneys in

26  such fund are to be expended by the State Technology Office

27  for the purposes provided in this section and s. 365.172.

28  These funds are not subject to s. 215.20.

29         Section 8.  Subsection (3) of section 372.106, Florida

30  Statutes, is repealed.

31  

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 1         Section 9.  Subsection (1) of section 372.107, Florida

 2  Statutes, is amended to read:

 3         372.107  Federal Law Enforcement Trust Fund.--

 4         (1)  The Federal Law Enforcement Trust Fund is created

 5  within the Fish and Wildlife Conservation Commission. The

 6  commission may deposit into the trust fund receipts and

 7  revenues received as a result of federal criminal,

 8  administrative, or civil forfeiture proceedings and receipts

 9  and revenues received from federal asset-sharing programs. The

10  trust fund is exempt from the service charges imposed by s.

11  215.20.

12         Section 10.  Subsection (1) of section 464.0198,

13  Florida Statutes, is amended to read:

14         464.0198  Florida Center for Nursing Trust Fund.--

15         (1)  There is created the Florida Center for Nursing

16  Trust Fund to be administered by the Department of Health.

17  Funds provided pursuant to s. 464.0195(3) for the Florida

18  Center for Nursing shall be deposited into this trust fund.

19  Other funds from grants and donations, federal funds, or other

20  funds from other sources specified by law may be deposited

21  into this trust fund and used for purposes of the Florida

22  Center for Nursing. Moneys deposited into this trust fund

23  shall be used as provided in s. 464.0195. Moneys deposited

24  into the trust fund from contributions received pursuant to s.

25  464.0195(3) are is exempt from the service charges imposed by

26  s. 215.20.

27         Section 11.  Subsection (2) of section 498.019, Florida

28  Statutes, is amended to read:

29         498.019  Division of Florida Land Sales, Condominiums,

30  and Mobile Homes Trust Fund.--

31  

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 1         (2)  All moneys collected by the division from fees,

 2  fines, or penalties or from costs awarded to the division by a

 3  court shall be paid into the Division of Florida Land Sales,

 4  Condominiums, and Mobile Homes Trust Fund.  The Legislature

 5  shall appropriate funds from this trust fund sufficient to

 6  carry out the provisions of this chapter and the provisions of

 7  law with respect to each category of business covered by this

 8  trust fund.  The division shall maintain separate revenue

 9  accounts in the trust fund for each of the businesses

10  regulated by the division.  The division shall provide for the

11  proportionate allocation among the accounts of expenses

12  incurred by the division in the performance of its duties with

13  respect to each of these businesses.  As part of its normal

14  budgetary process, the division shall prepare an annual report

15  of revenue and allocated expenses related to the operation of

16  each of these businesses which may be used to determine fees

17  charged by the division. This subsection shall operate

18  pursuant to the provisions of s. 215.20.

19         Section 12.  Subsection (1) of section 561.027, Florida

20  Statutes, is amended to read:

21         561.027  Federal Law Enforcement Trust Fund.--

22         (1)  The Federal Law Enforcement Trust Fund is created

23  within the Department of Business and Professional Regulation.

24  The department may deposit into the trust fund receipts and

25  revenues received as a result of federal criminal,

26  administrative, or civil forfeiture proceedings and receipts

27  and revenues received from federal asset-sharing programs. The

28  trust fund is exempt from the service charges imposed by s.

29  215.20.

30         Section 13.  Subsection (1) of section 570.205, Florida

31  Statutes, is amended to read:

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 1         570.205  Federal Law Enforcement Trust Fund.--

 2         (1)  The Federal Law Enforcement Trust Fund is created

 3  within the Department of Agriculture and Consumer Services.

 4  The department may deposit into the trust fund receipts and

 5  revenues received as a result of federal criminal,

 6  administrative, or civil forfeiture proceedings and receipts

 7  and revenues received from federal asset-sharing programs. The

 8  trust fund is exempt from the service charges imposed by s.

 9  215.20.

10         Section 14.  Paragraph (c) of subsection (2) of section

11  576.045, Florida Statutes, is amended to read:

12         576.045  Nitrogen and phosphorus; findings and intent;

13  fees; purpose; best-management practices; waiver of liability;

14  compliance; rules; exclusions; expiration.--

15         (2)  FEES.--

16         (c)  All fees paid under this section must be deposited

17  into the General Inspection Trust Fund and are exempt from the

18  provisions of s. 215.20. These funds are to be appropriated

19  annually to the department and allocated according to a

20  memorandum of understanding between the department and the

21  Department of Environmental Protection. The allocation of

22  indirect costs to these funds by any state agency is

23  specifically prohibited.

24         Section 15.  Paragraph (b) of subsection (1) of section

25  932.705, Florida Statutes, is amended to read:

26         932.705  Law enforcement trust funds; Department of

27  Highway Safety and Motor Vehicles deposits.--

28         (1)

29         (b)1.  There is created the Federal Law Enforcement

30  Trust Fund into which the Department of Highway Safety and

31  Motor Vehicles may deposit receipts and revenues received as a

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 1  result of federal criminal, administrative, or civil

 2  forfeiture proceedings and receipts and revenues received from

 3  federal asset-sharing programs. The trust fund is exempt from

 4  the service charges imposed by s. 215.20.

 5         2.  Notwithstanding the provisions of s. 216.301 and

 6  pursuant to s. 216.351, any balance in the trust fund at the

 7  end of any fiscal year shall remain in the trust fund at the

 8  end of that year and shall be available for carrying out the

 9  purposes of the trust fund.

10         Section 16.  Subsection (1) of section 943.365, Florida

11  Statutes, is amended to read:

12         943.365  Federal Law Enforcement Trust Fund.--

13         (1)  The Federal Law Enforcement Trust Fund is created

14  within the Department of Law Enforcement. The department may

15  deposit into the trust fund receipts and revenues received as

16  a result of federal criminal, administrative, or civil

17  forfeiture proceedings and receipts and revenues received from

18  federal asset-sharing programs. The trust fund is exempt from

19  the service charges imposed by s. 215.20.

20         Section 17.  Subsections (2) and (3) of section

21  1013.63, Florida Statutes, are amended to read:

22         1013.63  University Concurrency Trust Fund.--

23         (2)  Notwithstanding any other provision of law, the

24  general revenue service charge deducted pursuant to s. 215.20

25  on revenues raised by any local option motor fuel tax levied

26  pursuant to s. 336.025(1)(b), as created by chapter 93-206,

27  Laws of Florida, shall be deposited in the University

28  Concurrency Trust Fund, which is administered by the State

29  Board of Education. Moneys appropriated to the in such trust

30  fund shall be for the purpose of funding university offsite

31  improvements required to meet concurrency standards adopted

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 1  under part II of chapter 163. In addition, in any year in

 2  which campus master plans are updated pursuant to s. 1013.30,

 3  but no more frequently than once every 5 years, up to 25

 4  percent of the balance in the trust fund for that year may be

 5  used to defray the costs incurred in updating those campus

 6  master plans.

 7         (3)(a)  The trust fund is exempt from the service

 8  charges imposed by s. 215.20.

 9         (b)  Notwithstanding s. 216.301 and pursuant to s.

10  216.351, any balance in the trust fund at the end of the

11  fiscal year shall remain in the trust fund and shall be

12  available for carrying out the purposes of the trust fund.

13         Section 18.  This act shall take effect July 1, 2005.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Imposes a service charge of 7.3 percent on all state
      trust funds. Deletes provisions authorizing a reduced
18    service charge for certain trust funds and specifying
      those funds to which the service charge applies. Provides
19    circumstances under which a trust fund is exempt from the
      service charge. (See bill for details.)
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