La. Rev. Stat. § 39:21.3 — LA Code / Code revised-statutes / Title 39 / Section 21.3
Consensus estimating conferences; duties and principals
Status: in_force

A. Economic Estimating Conference.

(1) Duties. The Economic Estimating Conference shall develop such official information with respect to the national and state economies as the conference determines is needed for the state planning and budgeting system. The basic long term forecasts which are a part of the official information shall be trend forecasts. The conference may include cycle forecasts as a part of its official information if the subject matter of the forecast warrants a cycle forecast and if such forecast is developed in a special impact session of the conference.

(2) Principals. The principals of the conference are as follows:

(a) A staff member from the office of the governor to be appointed by the governor.

(b) A staff member from the division of administration to be appointed by the commissioner of administration.

(c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

(d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

(e) A faculty member from a public or private university or college in Louisiana who shall have forecasting expertise to be selected by the other four principals of the conference from a list of not less than three nor more than five nominees submitted by the Board of Regents after the board consults with the president of the Louisiana Association of Independent Colleges and Universities.

(3) Principal to preside over meetings. At the initial meeting of the conference, the principals shall elect a principal to preside over the meetings of the conference. Thereafter, the responsibility for presiding over sessions of the conference shall rotate annually among the principals.

B. Demographic Estimating Conference.

(1) Duties. The Demographic Estimating Conference shall develop such official information with respect to the population of the nation and state by age, race, and sex as the conference determines is needed for the state planning and budgeting system.

(2) Principals. The principals of the conference are as follows:

(a) A staff member from the office of the governor to be appointed by the governor.

(b) A staff member from the division of administration to be appointed by the commissioner of administration.

(c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

(d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

(e) A faculty member from a public or private university or college in Louisiana who shall have forecasting expertise to be selected by the other four principals of the conference from a list of not less than three nor more than five nominees submitted by the Board of Regents after the board consults with the president of the Louisiana Association of Independent Colleges and Universities.

(3) Principal to preside over meetings. At the initial meeting of the conference, the principals shall elect a principal to preside over the meetings of the conference. Thereafter, the responsibility for presiding over sessions of the conference shall rotate annually among the principals.

C. Education Estimating Conference.

(1) Duties. The Education Estimating Conference shall develop such official information relating to the state public educational system, including forecasts of student enrollment and the availability of qualified teachers. The conference shall forward its forecast for student enrollment to the State Board of Elementary and Secondary Education and to each local school board at least forty-five days prior to adoption of the forecast. The State Board of Elementary and Secondary Education and the local school boards may request adjustments in the forecast and shall submit any request for adjustment to the Education Estimating Conference in writing within thirty days of the date of receipt of the forecast of student enrollment from the conference. The conference shall consider all requests for adjustment that are submitted in compliance with this Paragraph in adopting official information regarding student enrollment.

(2) Principals. The principals of the conference are as follows:

(a) A staff member from the office of the governor to be appointed by the governor.

(b) A staff member from the division of administration to be appointed by the commissioner of administration.

(c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

(d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

(e) A member of the professional staff of the Department of Education who shall have forecasting expertise to be appointed by the State Board of Elementary and Secondary Education.

(3) Principal to preside over meetings. The principal representing the office of the governor shall preside over sessions of the conference.

D. Criminal and Juvenile Justice Estimating Conference.

(1) Duties. The Criminal and Juvenile Justice Estimating Conference shall develop such official information relating to the criminal justice system and the juvenile justice system, including forecasts of prison and detention center population and supervised caseload, as the conference determines is needed for the state planning and budgeting system.

(2) Principals. The principals of the conference are as follows:

(a) A staff member from the office of the governor to be appointed by the governor.

(b) A staff member from the division of administration to be appointed by the commissioner of administration.

(c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

(d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

(e) A member of the professional staff of the Department of Public Safety and Corrections who shall have forecasting expertise to be appointed by the secretary of the Department of Public Safety and Corrections.

(f) A member of the professional staff of youth services of the Department of Public Safety and Corrections who shall have forecasting expertise, to be appointed by the deputy secretary for youth services of the Department of Public Safety and Corrections.

(3) Principal to preside over meetings. The principal representing the office of the governor shall preside over sessions of the conference.

E. Health and Social Services Estimating Conference.

(1) Duties. The Health and Social Services Estimating Conference shall develop such official information relating to the health and social service system of the state, including forecasts of social and health service caseloads, excluding the Medicaid program, as the conference determines is needed for the state planning and budgeting system.

(2) Principals. The principals of the Health and Social Services Estimating Conference are as follows:

(a) The chairman of the Senate Committee on Health and Welfare, or his designee.

(b) The chairman of the House Committee on Health and Welfare, or his designee.

(c) The chairman of the Senate Committee on Finance, or his designee.

(d) The chairman of the House Committee on Appropriations, or his designee.

(e) The secretary of the Louisiana Department of Health, or his designee.

(f) The secretary of the Department of Children and Family Services, or his designee.

(g) A member of the professional staff of the office of the governor to be appointed by the governor.

(h) A member of the professional staff of the division of administration to be appointed by the commissioner of administration.

(i) A member of the professional staff of the legislature who shall have fiscal expertise to be appointed by the president of the Senate.

(j) A member of the professional staff of the legislature who shall have fiscal expertise to be appointed by the speaker of the House of Representatives.

(k) A member of the professional staff of the Louisiana Department of Health who shall have forecasting expertise to be appointed by the secretary of the Louisiana Department of Health.

(l) A member of the professional staff of the Department of Children and Family Services who shall have forecasting expertise to be appointed by the secretary of the Department of Children and Family Services.

(m) The legislative fiscal officer, or his designee who shall have healthcare experience.

(n) A faculty member specializing in healthcare economics from a public or private university in the state, selected by the other principal members, from a list of as many as five, but not less than three names, submitted to them by the Board of Regents.

(o) All professional staff members serving as principals shall collaborate with the appropriate departments to provide the data necessary for the conference, or subcommittee of the conference, to fulfill the duties specified in Paragraphs (1) and (4) of this Subsection.

(3) Principals to preside over meetings. The chairmanship of the conference shall rotate annually among the four legislative committee chairmen serving as principals, in the following order:

(a) The chairman of the Senate Committee on Finance.

(b) The chairman of the House Committee on Appropriations.

(c) The chairman of the Senate Committee on Health and Welfare.

(d) The chairman of the House Committee on Health and Welfare.

(4), (5) Repealed by Acts 2020, No. 347, §2, eff. June 12, 2020.

F. Transportation Estimating Conference.

(1) Duties. The Transportation Estimating Conference shall develop official information relating to transportation planning and budgeting as is determined by the conference principals to be needed for the state planning and budgeting system.

(2) Principals. The principals of the Transportation Estimating Conference are as follows:

(a) A member of the professional staff of the office of the governor to be appointed by the governor.

(b) A member of the professional staff of the division of administration to be appointed by the commissioner of administration.

(c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

(d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

(e) A member of the professional staff of the Department of Transportation and Development who shall have forecasting expertise to be appointed by the secretary of the Department of Transportation and Development.

(3) Principal to preside over meetings. The principal representing the office of the governor shall preside over sessions of the conference.

G. Group Benefits Estimating Conference.

(1) Duties. The Group Benefits Estimating Conference shall develop or gather official information relating to group health and life insurance planning, premium rates, and budgeting as is determined by the conference principals to be needed for the state planning and budgeting system.

(2) Principals. The principals of the Group Benefits Estimating Conference are as follows:

(a) A member of the professional staff of the office of the governor to be appointed by the governor.

(b) A member of the professional staff of the division of administration to be appointed by the commissioner of administration.

(c) A member of the professional staff of the legislature who shall have fiscal expertise to be appointed by the president of the Senate.

(d) A member of the professional staff of the legislature who shall have fiscal experience to be appointed by the speaker of the House of Representatives.

(e) A member of the professional staff of the Office of Group Benefits who shall have fiscal experience to be appointed by the commissioner of administration.

(f) An individual with a minimum of five years professional experience or fiscal expertise in the industries of health insurance, actuarial services, financial services, or banking to be selected by the other principals from a list of no more than two names submitted by each of the following: the commissioner of insurance, the commissioner of financial institutions, and the legislative auditor.

(3) Principal to preside over meetings. The principal representing the office of the governor shall preside over sessions of the conference.

H. Medicaid Estimating Conference.

(1) Duties. (a) The Medicaid Estimating Conference shall develop the official forecast of the Medicaid program for the purposes of budget development and enactment each fiscal year and development of the five-year baseline budget projection relative to the Medicaid program. All conference decisions to adopt the official forecast shall be by a favorable vote of two-thirds of the principals.

(b) When developing the forecast, the conference shall consider the following factors:

(i) The number of Medicaid enrollees, the demographics of the enrollees as it relates to programmatic costs, and the eligibility criteria under which these individuals are enrolling.

(ii) The rate of utilization of services for the fee-for-service program and for the managed care program.

(iii) The volume of member-months in the managed care program.

(iv) The growth in the costs of medical goods and services for the fee-for-service program and for the managed care program.

(v) The pharmaceutical rebate program.

(vi) Provider reimbursement methodologies.

(vii) The components contemplated by the actuaries in the development of the per-member-per-month premiums paid to the Medicaid managed care organizations.

(viii) The supplemental payment programs, including but not limited to full-Medicaid pricing (FMP) payments, upper payment limit (UPL) payments, disproportionate share (DSH) payments, and payments pursuant to the Managed Care Incentive Program (MCIP).

(ix) All payments pursuant to the LSU Public-Private Partnership agreements between the state and any partner hospital in effect at the time that the forecast is developed.

(x) Any changes to the program that are required to be implemented under federal or state rule or law during the fiscal years included in the forecast and quantifiable at the time the forecast is developed.

(xi) Any other aspect of the Medicaid program the conference considers pertinent to the development of its forecast.

(2) Principals. The principals of the Medicaid Estimating Conference are as follows:

(a) The president of the Senate, or his designee who may be a member of the Joint Legislative Committee on the Budget, including an interim member.

(b) The speaker of the House of Representatives, or his designee who may be a member of the Joint Legislative Committee on the Budget, including an interim member.

(c) The chairman of the Senate Committee on Finance, or his designee from the membership of the Committee on Finance.

(d) The chairman of the House Committee on Appropriations, or his designee from the membership of the Committee on Appropriations.

(e) The chairman of the Senate Committee on Health and Welfare, or his designee from the membership of the Committee on Health and Welfare.

(f) The chairman of the House Committee on Health and Welfare, or his designee from the membership of the Committee on Health and Welfare.

(g) The commissioner of administration, or his designee.

(h) The secretary of the Louisiana Department of Health, or his designee.

(i) A faculty member specializing in health care economics from a public or private university in the state, selected by the other principal members, from a list of as many as five, but not less than three names, submitted to them by the Board of Regents.

(3) Participants. The participants to the Medicaid Estimating Conference that may provide information for the conference's consideration in developing its forecasts are as follows:

(a) A member of the professional staff of the Louisiana Department of Health specializing in health care economics and possessing experience forecasting health care expenditures to be designated by the secretary of the Louisiana Department of Health.

(b) A member of the professional staff of the legislative fiscal office specializing in health care economics and possessing experience forecasting health care expenditures to be designated by the legislative fiscal officer.

(c) Members of the professional staff of the Senate, House of Representatives, legislative fiscal office, or division of administration with fiscal expertise on the Medicaid program.

(d) Members of the professional staff of the Louisiana Department of Health with expertise on the administering, operating, or financing of the Medicaid program.

(e) Any other person invited to participate in the conference by a principal.

(4) Conference meetings.

(a) Principal to preside over meetings. The chairmanship of the conference shall rotate biennially among the president of the Senate, or his designee, and the speaker of the House of Representatives, or his designee, beginning with the president of the Senate, or his designee.

(b) Timing of meetings. The conference shall meet at least three times per fiscal year as to ensure that the forecast is utilized by the division of administration in the development of the budget, the legislature in the enactment of the budget, and the division of administration and the Joint Legislative Committee on the Budget in the determination of expenditures to include in the development of the five-year baseline budget projection relative to the Medicaid program.

(c) Executive session. The conference may, upon approval by a majority of the principals in attendance, go into executive session to discuss records or matters entitled to confidential status by existing state or federal laws.

(5) Conference staff. The president of the Senate shall designate a member of the professional staff of the Senate with fiscal expertise on the Medicaid program and the speaker of the House of Representatives shall designate a member of the professional staff of the House of Representatives with fiscal expertise on the Medicaid program to staff the conference.

(6) Reports of the conference. The conference shall submit each adopted forecast to the Joint Legislative Committee on the Budget for its review. The chairman of the Joint Legislative Committee on the Budget shall place the presentation of the Medicaid forecast on the agenda for discussion at the next month's regular meeting following the submission by the conference.

Acts 1990, No. 966, §2, eff. July 1, 1990; Acts 2004, No. 7, §3, eff. May 5, 2004; Acts 2004, No. 33, §3; Acts 2012, No. 251, §7A; Acts 2015, No. 146, §1, eff. Jan. 1, 2016; Acts 2016, No. 586, §1; Acts 2018, No. 651, §1, eff. June 1, 2018; Acts 2020, No. 347, §§1, 2, eff. June 12, 2020.
La. Rev. Stat. § 39:1800.3 — LA Code / Code revised-statutes / Title 39 / Section 1800.3
Definitions
Status: in_force

For the purpose of this Chapter, the following terms shall be defined as follows, unless the context otherwise requires:

(1) "Correctional services" shall mean the following functions, services, and activities, when provided within a prison:

(a) Design and construction of prison facilities.

(b) Operation of correctional facilities, including management, custody of inmates, and providing security.

(c) Food services, commissary, medical services, including geriatric care, transportation, sanitation, or other ancillary services.

(d) Development and implementation of assistance for classification, management, or information systems or services.

(e) Education, training, and job programs.

(f) Counseling, special treatment programs, or other programs for special needs.

(2) "Department" shall mean the Department of Public Safety and Corrections.

(3) "Secretary" shall mean the secretary of the Department of Public Safety and Corrections.

(4) "Prison contractor" or "contractor" means any entity entering into a contractual agreement to provide any correctional services, including geriatric care to inmates under the custody of the state.

(5) "State" shall mean the state of Louisiana.

(6) "State facilities" shall mean those correctional facilities which are under the jurisdiction of the Department of Public Safety and Corrections.

(7) "Local governmental subdivisions" shall mean any parish or municipality.

(8) "Local facilities" shall mean those correctional facilities which are under the jurisdiction of a parish or municipality.

(9) "Prison" or "facility" or "prison facility" shall mean any institution to be opened after June 28, 1989, and which is not operational as of May 22, 1989 and operated by or under authority of the department, a local governmental subdivision, or a sheriff or chief of police, and shall include, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical betterment or improvement related to the housing of inmates or any preliminary plans, studies, or surveys relative thereto, land or rights to land, and any furnishings, machines, vehicles, apparatus, or equipment for use in connection with any prison facility.

Acts 1989, No. 360, §1, eff. June 28, 1989; Acts 1992, No. 916, §1, eff. July 9, 1992.
La. Rev. Stat. § 39:100.91 — LA Code / Code revised-statutes / Title 39 / Section 100.91
Grants for Grads Program; intent; definitions; program
Status: in_force

A. Legislative findings. The legislature finds that:

(1) Many of Louisiana's residents relocate from Louisiana upon completion of their college careers due to a perceived lack of economic opportunity.

(2) The future success of the society and economy of Louisiana is dependent upon a diverse population, including citizens of all ages and educational backgrounds, and in particular, those who have completed a higher education.

(3) Home ownership reflects a commitment to remain in Louisiana and to continue the tradition and culture of our great state for the graduate and his family.

B. For purposes of this Subpart, the following words and phrases shall have the following meanings:

(1) "Agency" means the Louisiana Housing Corporation.

(2) "Applicant" means a person who has registered for the program and who has made his application to receive a grant within the authorized time period.

(3) "College" means an institution of higher education.

(4) "First home" or "home" means the first residential real property located in Louisiana to be purchased by a grantee, which property shall serve as the grantee's primary residence upon its acquisition for not less than one year. Additionally, the home shall not be purchased from an immediate family member of the grantee or from a business in which an immediate family member of the grantee owns more than a ten percent interest.

(5) "Graduate" is a person who is eligible to register for, apply for, and receive a grant awarded pursuant to the provisions of this Subpart.

(6) "Grant" means a monetary grant or cash payment awarded to a person by the Louisiana Housing Corporation pursuant to the provisions of this Subpart.

(7) "Grantee" or "grant recipient" is a person who has been awarded a grant.

(8) "Institution of higher education" means a public postsecondary institution of higher education or a private postsecondary institution of higher education which is accredited by a regional accrediting organization which is recognized by the United States Department of Education.

(9) "Louisiana resident" means any of the following:

(a) A person who was a resident of Louisiana at the time of his graduation from a Louisiana public high school or a nonpublic high school which is approved by the State Board of Elementary and Secondary Education, and who is a resident of Louisiana when he registers for the Grants for Grads Program.

(b) A person who was a Louisiana resident at the time of completing, through the twelfth grade level, a home-study program approved by the State Board of Elementary and Secondary Education, and who is a resident of Louisiana at the time of registering for the Grants for Grads Program.

(c) A person who attended an out-of-state high school that was accredited by a regional accrediting organization recognized by the United States Department of Education and met the standards adopted by the State Board of Elementary and Secondary Education for approval of nonpublic schools in Louisiana or from a high school approved by the United States Department of Defense and whose parent was a resident of Louisiana at the time of his graduation from such high school, and who is a resident of Louisiana at the time of registering for the Grants for Grads Program.

C. There is hereby established the "Grants for Grads Program" for the purpose of providing grants of cash awards to certain Louisiana residents who have received an associate, baccalaureate, masters, or other postgraduate degree, which shall be used by the grantee to pay for the down payment or closing costs on the purchase of a first home in the state of Louisiana. The program shall be administered by the Louisiana Housing Corporation, hereinafter referred to as "agency". Participation in this program shall require a graduate to be eligible and register for the program, and then to apply for the grant in accordance with the provisions of this Subpart.

Acts 2008, No. 748, §1, eff. July 6, 2008; Acts 2011, No. 408, §5(B), eff. July 5, 2011.
La. Rev. Stat. § 39:1671 — LA Code / Code revised-statutes / Title 39 / Section 1671
Authority to resolve protested solicitations and awards
Status: in_force

A. Right to protest. Any person who is aggrieved in connection with the solicitation or award of a contract issued by the applicable chief procurement officer shall protest to the chief procurement officer. Protests with respect to a solicitation shall be submitted in writing at least two days prior to the opening of bids on all matters except housing of state agencies, their personnel, operations, equipment, or activities pursuant to R.S. 39:1643 for which such protest shall be submitted at least ten days prior to the opening of bids. Protests with respect to the award of a contract shall be submitted in writing within fourteen days after contract award.

B. Authority to resolve protests. The chief procurement officer or his designee shall have authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved person concerning the solicitation or award of a contract. This authority shall be exercised in accordance with regulations.

C. Decision. If the protest is not resolved by mutual agreement, the chief procurement officer or his designee shall, within fourteen days, issue a decision in writing. The decision shall:

(1) State the reasons for the action taken.

(2) Inform the protestant of its right to administrative and judicial review as provided in this Chapter.

D. Notice of decision. A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

E. Finality of decision. A decision under Subsection C of this Section shall be final and conclusive unless one of the following applies:

(1) The decision is fraudulent.

(2) The person adversely affected by the decision has timely appealed administratively to the commissioner in accordance with R.S. 39:1683.

F. Protest bond to stay procurement during protest. (1) A protester who has timely protested a solicitation or an award may only apply for a stay during the time period provided in Subsection A of this Section to protest a solicitation or an award.

(2) A protester may obtain a stay of an award upon posting a bond during the protest period with a good and solvent surety authorized to do business in this state or submit other security, in a form approved by the office of state procurement by rule or regulation, to the office of state procurement, who shall hold the bond or other security until a final determination is made on the protest. A bond posted or other security submitted with a protest shall be in an amount equal to twenty-five percent of the maximum amount of the protested awarded contract. If the total value of the awarded contract cannot be determined because the total requirements for the contract are estimated as of the date of the award, a bond posted or other security submitted with a protest shall be in an amount equal to twenty-five percent of the estimated total value of the contract. Upon request, the state chief procurement officer shall provide the estimated total value of the contract or the method for determining the estimated total value of the contract, based on records of past experience and estimates of anticipated requirements furnished by the using agency.

(3) If the protest is upheld and the award is cancelled, the bond posted or other security submitted with the protest shall be returned to the person who posted the bond or submitted the security. If the protest is rejected and the award is upheld, a claim may be made against the bond or other security by the using agency to the office of state procurement in an amount equal to the expenses incurred and other monetary losses suffered by the state resulting from the unsuccessful protest. The state chief procurement officer shall hold an informal hearing on the claim. Any money not awarded by the state chief procurement officer shall be returned to the person who posted the bond or submitted the security.

G. Award of costs to protestants. In addition to any other relief, when the protest is administratively or judicially sustained and the protesting bidder or proposer should have been awarded the contract but is not, the protesting bidder or proposer shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid or proposal preparation costs other than attorney fees, provided that any administrative determination of such costs shall be subject to the written concurrence of the attorney general.

H. Promulgation of regulations. The state chief procurement officer is hereby authorized to promulgate regulations relative to protests, in accordance with the Administrative Procedure Act, to implement the provisions of R.S. 39:1600(D).

Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1984, No. 344, §1; Acts 1985, No. 52, §1; Acts 1988, No. 694, §1, eff. July 15, 1988; Acts 2011, No. 210, §2, eff. July 1, 2011; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2025, No. 5, §1, eff. June 11, 2025.
La. Rev. Stat. § 39:2162 — LA Code / Code revised-statutes / Title 39 / Section 2162
Rewards for fraud and abuse information
Status: in_force

A. The attorney general may provide a reward of up to two thousand dollars to an individual who submits information to the attorney general which results in recovery pursuant to the provisions of this Chapter, provided such individual is not himself subject to recovery under this Chapter.

B. The attorney general shall grant rewards only to the extent monies are appropriated for this purpose by the legislature. The attorney general shall determine the amount of a reward, not to exceed two thousand dollars per individual per action, and establish a process to grant the reward in accordance with rules and regulations promulgated in accordance with the Administrative Procedure Act.

Acts 2006, No. 479, §1, eff. June 22, 2006; Acts 2012, No. 834, §9, eff. July 1, 2012.
La. Rev. Stat. § 39:1795 — LA Code / Code revised-statutes / Title 39 / Section 1795
Dissolution of corporation; title to property to vest in successor
Status: in_force

Upon dissolution of the corporation, title to all property owned by the corporation shall vest in the successor corporation created by the legislature, if any, if such successor corporation qualifies under Section 103 of the Federal Internal Revenue Code of 1954, as amended, to issue obligations the interest on which is exempt from Federal Income Taxation. If no such successor corporation is so created, title to such property shall vest in the state of Louisiana.

Acts 1985, No. 893, §1, eff. July 23, 1985.
La. Rev. Stat. § 39:1644 — LA Code / Code revised-statutes / Title 39 / Section 1644
Amendment of leases
Status: in_force

A.(1) An existing lease may be renegotiated with the present lessor, but only after the division of administration has entered into a competitive negotiation process involving discussions with at least three, unless there are less than three, proposers who submit written proposals. Such proposals shall be solicited by advertising as in R.S. 39:1594(C).

(2) If it is determined by the commissioner of administration or his designee, after the evaluation of these proposals and discussions with the current lessor, that to renew the present lease would be in the best interest of the state, the renewal of an existing lease may be renegotiated or the commissioner may enter into a lease with one of these proposers if determined to be in the state's best interest. In making such a determination the commissioner, or his designee, shall take into consideration, over the duration of the lease, rental rates, the amount of funds necessary to relocate, any geographical considerations particular to that state program, the amount of disruption to state business that may be incurred in moving to a new location, and any other relevant factors presented.

B. Any lease for space under ten thousand square feet may be amended up to but not to exceed a maximum of nine thousand nine hundred ninety-nine square feet.

C. Existing leases between a single state agency, a single lessor and affecting a single building or buildings immediately adjacent to each other which leases have different termination dates, may be renegotiated by the division of administration to perfect a single lease for the whole of the space utilized under the existing leases. The renegotiated lease shall not extend beyond the termination date of the latest existing lease, nor shall the price per square foot paid under the new lease result in a total payment in excess of the total of the combined payments under the preexisting leases.

D. In the event alterations or modifications of space currently under lease are required to meet changed operating requirements, a lease may be amended. Such lease amendment may, with approval of the division of administration, provide an adjustment in monthly lease payments not to exceed twenty-five percent of the original annual lease price per square foot, sufficient to reimburse the lessor for paying for the leasehold improvements; provided, however, that any adjustment in monthly lease payments shall also require the approval of the Joint Legislative Committee on the Budget and the continuance of an adjustment in excess of the current lease shall be further contingent on the appropriation of funds therefor in the following fiscal year.

E. A lease may be amended, with approval of the division of administration, to provide an adjustment in monthly lease payments not to exceed ten percent of the original annual lease price per square foot and not to exceed ten thousand dollars per year.

Acts 1988, No. 919, §1; Acts 2006, No. 4, §1, eff. April 26, 2006; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2025, No. 5, §1, eff. June 11, 2025.
La. Rev. Stat. § 39:440 — LA Code / Code revised-statutes / Title 39 / Section 440
Revised Statutes 440
Status: in_force

CHAPTER 3. INVESTMENTS IN WAR BONDS BY STATE

TREASURER [REPEALED]

§§440, 441. Repealed by Acts 1976, No. 428, §3, eff. July 31, 1976.
La. Rev. Stat. § 39:99.1 — LA Code / Code revised-statutes / Title 39 / Section 99.1
Title
Status: in_force

This Subpart shall be known and may be cited as the "Tobacco Settlement Financing Corporation Act".

Acts 2001, No. 1145, §1.
La. Rev. Stat. § 39:1357 — LA Code / Code revised-statutes / Title 39 / Section 1357
Fiscal Administrator Revolving Loan Fund
Status: in_force

A. There is hereby established a revolving fund in the state treasury to be known as the "Fiscal Administrator and Receiver Revolving Loan Fund", hereinafter referred to as the "fund", which shall be maintained and operated by the Department of the Treasury. The source of monies deposited in and credited to the fund shall be all grants, gifts, and donations received by the state for the purpose of funding fiscal administrators, limited fiscal administrators or receivers; any money appropriated by the legislature to the fund; the repayment of principal of and interest on loans and other obligations made to political subdivisions or public water system financed from the fund; and other revenues as may be provided by law.

B. Money in the fund shall be invested by the state treasurer in the same manner as money in the state general fund. Interest earned on the investment of the money in the fund shall be credited to the fund after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund. All unexpended and unencumbered money in the fund at the end of a fiscal year shall remain in the fund.

C. Notwithstanding any provisions of law to the contrary, and in addition to the authority to borrow money or incur debt under any other provisions of law, any political subdivision or public water system for which a fiscal administrator, limited fiscal administrators or receiver is in the process of being appointed or which has been appointed as provided in this Chapter, R.S. 40:5.9, or 5.9.1, is hereby authorized to borrow money from and incur debt payable to the fund in accordance with the provisions of this Section. Such borrowing shall be subject to the approval of:

(1) The legislative auditor, the attorney general, and the state treasurer.

(2) The fiscal administrator, limited fiscal administrators, or receiver if one has been appointed by the court.

(3) The district court having jurisdiction over the fiscal administration.

(4) The State Bond Commission.

D. The monies in the fund shall be appropriated and used only for the purpose of providing financial assistance to a political subdivision or public water system for which a court has appointed a fiscal administrator, limited fiscal administrators, or receiver as provided in this Chapter, R.S. 40:5.9, or 5.9.1 by providing a source of funds from which the political subdivision or public water system may borrow in order to pay the costs and expenses associated with the independent fiscal administration or receivership of the political subdivision or public water system, including but not limited to all costs and expenses incurred by the fiscal administrator, limited fiscal administrators or receiver, the legislative auditor, the attorney general, the state treasurer, and any other persons engaged in connection with the independent fiscal administration, limited fiscal administrators or receiver.

E. Each loan shall be evidenced by a bond, note, or other evidence of indebtedness of the borrower issued to represent an obligation to repay a loan from the fund and shall be authorized and issued pursuant to a resolution or ordinance of the governing authority of such entity, which shall prescribe the form and details thereof, including the terms, security for, manner of execution, repayment schedule, and redemption features thereof. Any such resolution or ordinance shall set forth the maximum principal amount, the maximum interest rate, which shall be at an interest rate that is less than or equal to the market interest rate, as determined by the Department of the Treasury, the maximum redemption premium, if any, and the maximum term of such indebtedness.

F. All resolutions or ordinances authorizing the issuance of bonds, notes, or other evidence of indebtedness of a political subdivision hereunder shall be published once in the official journal of the borrower. It shall not be necessary to publish exhibits to such resolution or ordinance, but such exhibits shall be made available for public inspection at the offices of the governing authority of the borrower at reasonable times and such fact shall be stated in the publication. For a period of thirty days after the date of such publication, any persons in interest may contest the legality of the resolution or ordinance authorizing such evidence of indebtedness and any provisions thereof made for the security and payment thereof. After such thirty-day period, no one shall have any cause or right of action to contest the regularity, formality, legality, or effectiveness of the resolution or ordinance and the provisions thereof or of the bonds, notes, or other evidence of indebtedness authorized thereby for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the bonds, notes, or other evidence of indebtedness authorized pursuant to the resolution or ordinance within the thirty days prescribed in this Subsection, the authority to issue the bonds, notes, or other evidence of indebtedness, or to provide for the payment thereof, and the legality thereof, and all of the provisions of the resolution or ordinance and the evidence of indebtedness shall be conclusively presumed, and no court shall have authority or jurisdiction to inquire into any such matter.

G. The Department of the Treasury may by suit, action, mandamus, or other proceedings, protect and enforce any covenant relating to and the security provided in connection with any indebtedness issued pursuant to this Section, and may by suit, action, mandamus, or other proceedings enforce and compel performance of all of the duties required to be performed by the governing body and officials of any borrower hereunder and in any proceedings authorizing the issuance of such bonds or other evidences of indebtedness.

H. Monies in, credited to the account of, or to be received by the Fiscal Administrator and Receiver Revolving Loan Fund shall be expended in a manner consistent with the terms and conditions of the loans made from the fund.

I. The repayment of principal of and interest on loans and other obligations made to political subdivisions or public water systems financed from the Fiscal Administrator and Receiver Revolving Loan Fund shall be deposited into the Fiscal Administrator and Receiver Revolving Loan Fund and may be used to finance loans and obligations to other political subdivisions or public water systems for which a fiscal administrator, limited fiscal administrators or receiver is appointed pursuant to this Chapter, R.S. 40:5.9, or 5.9.1, provided that reserves for expenditures for the administration of the fund that the Department of the Treasury deems necessary and prudent may be retained in the fund.

J. The Department of the Treasury shall be authorized to enter into contracts and other agreements in connection with the operation of the fund and the department is authorized to adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section.

Acts 2014, No. 735, §1, eff. June 19, 2014; Acts 2018, No. 612, §22, eff. July 1, 2020; Acts 2019, No. 404, §§1, 8(A), eff. July 1, 2020; Acts 2025, No. 96, §1.

NOTE: See Acts 2019, No. 404, §8(B), regarding the repeal of R.S. 39:1357 pursuant to Acts 2018, No. 612, §22.
La. Rev. Stat. § 39:1171 — LA Code / Code revised-statutes / Title 39 / Section 1171
Parish governing authorities, school boards and municipal corporations may appropriate portion of taxes to pay indebtedness
Status: in_force

Parish governing authorities, school boards and municipal corporations, the city of New Orleans excepted, may dedicate, appropriate and pledge not more than two mills of the taxes respectively authorized to them for a period not exceeding twenty-five years, for the payment of any indebtedness, matured or unmatured, exclusive of bonded indebtedness, lawfully incurred or contracted prior to July 1, 1942, and they may issue certificates of indebtedness therefor.

Certificates of indebtedness may be issued also for the payment of all expenses incurred or contracted in the issuance of the certificates of indebtedness, and if the expenses are so provided for, certificates covering them shall be included in the issue herein provided for.
La. Rev. Stat. § 39:1113 — LA Code / Code revised-statutes / Title 39 / Section 1113
Form of bond; signing
Status: in_force

The governing authority issuing the bonds shall, by resolution, fix the form and terms of the bonds and the rate of interest, payable annually or semi-annually, within the maximum rate prescribed hereby. The bonds shall be payable in such medium and at such place or places within or without the state as may be fixed by resolution. All bonds shall be signed by the president or chief executive officer, and the secretary or clerk of the subdivision or governing authority, under the seal of the subdivision and the coupons shall be signed by the facsimile signatures of the officers. The delivery of any bonds or coupons so executed at any time thereafter shall be valid, although before date of delivery the person signing the bonds or coupons shall cease to hold office.
La. Rev. Stat. § 39:461.4 — LA Code / Code revised-statutes / Title 39 / Section 461.4
Capital budget bond projects; priority changes; legislative consent; procedure
Status: in_force

A. Whenever the interim emergency board determines that a project to be funded by the sale of state general obligation bonds should be designated as a lower or higher priority than the priority originally set in the comprehensive capital budget adopted by the legislature for the current fiscal year, or that an adjustment to a project description in such capital budget funded from any source is required in the manner provided for in R.S. 39:461.9, such change in priority or adjustment shall only become effective upon the approval by majority vote of the elected members of each house of the legislature.

B.(1) In order to obtain the consent of a majority of the elected members of each house of the legislature, the clerk of the House of Representatives and the secretary of the Senate shall prepare and transmit a ballot to each member of the legislature as provided in this Section.

(2) The ballots shall be uniform, shall state the nature of the project, the amount appropriated for the project, and the proposed priority revision or the proposed adjustment of the description of the project, and shall be accompanied by documentation that includes a statement of the factual basis for the board's decision, a copy of the written request for the adjustment as provided in R.S. 39:461.9(C), and such other pertinent information as the clerk and the secretary shall determine.

(3) The interim emergency board shall provide the clerk of the House of Representatives and the secretary of the Senate such information as shall be necessary to prepare the ballots and the accompanying documentation.

(4) If more than one item is to be voted on, the ballot shall set forth each item in such form as to enable each member to cast his vote separately for or against each item.

(5) Each ballot also shall include a place for the member to whom the ballot has been transmitted to provide his name and sign the ballot after casting his vote.

(6) The clerk and the secretary shall transmit the ballots to all of the members on the same day. The clerk and the secretary shall certify this date, which is referred to in this Section as the "transmittal date".

(7) The clerk and the secretary shall provide a notice to each member of the legislature on the transmittal date. The notice shall include all of the following:

(a) The documentation required by Paragraph (2) of this Subsection.

(b) The number of items on the ballot.

(c) The vote required for passage of the items on the ballot.

(d) The date and time by which the ballot must be returned to the clerical officer of the member's house in order to be valid.

(e) Such other pertinent information as the clerk and secretary shall determine.

(8)(a) The member shall cast his vote for each item on the ballot, provide his name in the appropriate place on the ballot, sign the ballot, and return the voted ballot to the clerical officer of his house.

(b)(i) The clerk and the secretary shall initiate and oversee the design and implementation of a system to allow each member to electronically vote and return his ballot as provided in Subparagraph (a) of this Paragraph. The system shall be accurate and secure. The clerk and secretary shall certify that the system meets the requirements of this Subparagraph.

(ii) Notwithstanding the provisions of Paragraph (5) of this Subsection and Subparagraph (a) of this Paragraph, if a member votes using a system certified as provided in Item (i) of this Subparagraph, the member shall not be required to sign his ballot.

(9)(a) The clerk or the secretary shall provide a notice to each member from whom the clerk or the secretary, as applicable, receives a voted ballot confirming that the ballot has been received.

(b) On the tenth day after the transmittal date, the clerk and the secretary shall provide a notice to each member whose voted ballot has not been received indicating that the member's voted ballot has not been received and informing the member of the deadline for returning the ballot.

C.(1) If the legislature is not in session on the transmittal date, the ballots shall be returned to the clerk of the House of Representatives and the secretary of the Senate no later than five o'clock p.m. on the fifteenth day after the transmittal date.

(2) When ballots are transmitted to the members of the legislature while in session, they shall be returned to the clerk and the secretary no later than five o'clock p.m. on the fifth day after the transmittal date.

(3) No ballot received by the clerk or the secretary after the deadline provided in Paragraph (1) or (2) of this Subsection shall be valid or counted, but the day and time received shall be recorded for each ballot received after such time, and the ballot shall be marked "Invalid". However, prior to the deadline for returning a ballot, a member may withdraw his ballot or change his vote upon his written request.

D.(1) On the next business day after the deadline for returning ballots as provided in Paragraph (C)(1) or (C)(2) of this Section, the clerk of the House of Representatives and the secretary of the Senate shall tabulate the vote in roll call order for each house of the legislature. The clerk and the secretary shall hold such ballots under seal and shall not disclose the contents to any person until the day when such ballots are tabulated. No ballot shall be deemed spoiled if inadvertently disclosed in processing.

(2) The tabulations shall indicate by name those members who voted in favor of each item, those who voted against each item, those who did not vote on one or more items, those who did not return the ballot by the due date and time, and those whose ballots were invalid because not signed by the member. The clerk and the secretary shall sign the tabulation sheet or sheets and cause a summary thereof to be transmitted to the interim emergency board. The board shall send a copy of the summary to the State Bond Commission, which may then proceed with the sale of general obligation bonds for each change approved.

(3) Whenever the clerk of the House of Representatives or the secretary of the Senate is to provide notice to a member of the legislature pursuant to this Section, the notice shall be transmitted using the most efficient communication medium available to the clerk or the secretary. Any such communication media may include but is not limited to telephonic, e-mail, or SMS communications.

E. The interim emergency board shall report the tabulation of the results of each balloting at its next meeting, and the tabulation compiled and the report thereof shall become a part of the official minutes of that meeting. All ballots and communications on such ballot items received from members of the legislature by the clerk of the House of Representatives or secretary of the Senate, whether or not timely received, shall become a part of the official files of the clerk and the secretary.

Acts 1974, Ex.Sess., No. 10, §1, eff. Jan. 1, 1975. Amended by Acts 1982, No. 502, §3; Acts 1990, No. 746, §1, eff. July 24, 1990; Acts 2001, No. 766, §1, eff. July 1, 2001; Acts 2001, No. 1032, §13; Acts 2015, No. 438, §1; Acts 2016, No. 280, §1.
La. Rev. Stat. § 39:1043 — LA Code / Code revised-statutes / Title 39 / Section 1043
Exemption from taxation; eligibility for investment
Status: in_force

Bonds issued under the authority of this Part shall be exempt from all taxation for state, parish, municipal, or other purposes. The bonds shall be legal and authorized investments for banks, savings banks, insurance companies, homestead and building and loan associations, tutors of minors, curators of interdicts, trustees, and other fiduciaries. The bonds may be used for deposit with any officer, board, municipality, or other political subdivision of the state, in any case where, by present or future laws deposit or security is required.

Acts 1985, No. 674, §13, eff. July 16, 1985.

{{NOTE: SEE ACTS 1985, NO. 674, §§14 - 17.}}
La. Rev. Stat. § 39:2172 — LA Code / Code revised-statutes / Title 39 / Section 2172
Definitions
Status: in_force

As used in this Chapter, the following words and phrases shall have the meanings ascribed to them in this Section, unless the context clearly indicates otherwise:

(1) "Agency" or "state agency" means any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive or judicial branches of state government.

(2) "Commissioner" means the commissioner of administration.

(3) "Contract" or "public contract" means all types of state agreements, regardless of what they may be called, for personal services, professional services, consulting services, or social services, or the purchase of materials, supplies, services, or major repairs, or for the making of any public works. It includes awards and notices of award; contracts of a fixed-price, cost, cost-plus a fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing.

(4) "Contractor" means any person having a contract with a state agency.

(5) "Data" means recorded information, regardless of form or characteristic.

(6) "Goal" means a numerically expressed objective relating to state procurements and public works contracts that a state agency or contractor is encouraged to make a good faith effort to achieve.

(7) "Procurement" means the buying, purchasing, renting, leasing, or otherwise obtaining any materials, supplies, services, or major repairs, or personal services, professional services, consulting services, or social services. It also includes all functions that pertain to the obtaining of any public procurement, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

(8) "Public work" means the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by a state agency.

(9) "Service-connected disabled veteran-owned small entrepreneurship" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity which has not less than fifty-one percent ownership by a veteran of the United States Armed Forces with a service-connected disability, and meets the criteria for certification by the secretary of Louisiana Economic Development pursuant to R.S. 39:2176. Service-connected disability will be ascertained with appropriate documents from the United States Department of Veterans Affairs or the Louisiana Department of Veterans Affairs.

(10) "Veteran-owned small entrepreneurship" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity which has not less than fifty-one percent ownership by a veteran of the United States Armed Forces and meets the criteria for certification by the secretary of Louisiana Economic Development pursuant to R.S. 39:2176.

Acts 2009, No. 167, §1; Acts 2018, No. 585, §1, eff. May 28, 2018.
La. Rev. Stat. § 39:1272 — LA Code / Code revised-statutes / Title 39 / Section 1272
Securities purchased may be cashed
Status: in_force

The political subdivision may also, at any time that may be deemed advisable, cash and liquidate any or all of the bonds, notes or certificates purchased for any particular fund, and the proceeds of the liquidation shall be credited to the fund from which the bonds, notes or certificates were originally purchased.
La. Rev. Stat. § 39:1800.28 — LA Code / Code revised-statutes / Title 39 / Section 1800.28
Bonds
Status: in_force

A. The corporation is authorized, from time to time, to issue its bonds in order to provide for achieving any of its purposes under this Chapter.

B. Except as may otherwise be expressly provided by this corporation, each of its bonds shall be payable from lawfully available funds, including but not limited to any revenues or monies of the corporation available therefor and not otherwise pledged, subject only to any agreements with the holders of particular bonds pledging any particular revenues or monies. Such bonds shall be and are deemed to be for all purposes negotiable instruments, subject only to the provisions of such bonds for registration.

C.(1) The corporation's bonds may be issued as serial bonds or as term bonds, or the corporation, in its discretion, may issue bonds of both types. The issuance of all bonds shall be authorized by resolution of the board of directors and shall bear such date or dates, mature at such time or times, not exceeding forty years from their respective dates, bear interest at such rate or rates, be payable at such time or times, be in such denominations, be in such form, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption, as the indenture, trust agreement, or resolution relating to such bonds may provide. The corporation's bonds may be sold by the corporation at public or private sale, for such price or prices and upon such terms and conditions as the corporation shall determine. The corporation may sell any bonds at a price below the par value thereof; provided, however, that the discount shall not exceed six percent of the par value thereof. Pending preparation of the definitive bonds, the corporation may issue interim receipts or certificates or temporary bonds which shall be exchanged for such definitive bonds.

(2) Bonds of the corporation shall not be invalid because of any irregularity or defect in the proceedings or in the issuance and sale thereof and shall be incontestable in the hands of a bona fide purchaser or holder. The corporation, after authorizing the issuance of bonds by resolution, shall publish once in a newspaper of general circulation in the parish in which the corporation is domiciled, a notice of intention to issue the bonds. The notice shall include a description of the bonds and the security therefor. Within thirty days after the publication, any person in interest may contest the legality of the resolution, any provision of the bonds to be issued pursuant to it, the provisions securing the bonds, and the validity of all other provisions and proceedings relating to the authorization and issuance of the bonds. If no action or proceeding is instituted within the thirty days, no person may contest the validity of the bonds, the provisions of the resolution pursuant to which the bonds were issued, the security of the bonds, or the validity of any other provisions or proceedings relating to their authorization and issuance, and the bonds shall be presumed conclusively to be legal. Thereafter, no court shall have authority to inquire into such matters.

D. Any resolution or resolutions authorizing the issuance of any bonds or any issue of bonds may contain provisions, which shall be part of the contract with the holders of the bonds so authorized, as to pledging or assigning all or any part of the revenues of a project or any revenue-producing contract or contracts made by the corporation with any agency, department, corporation, or other person, public or private, to secure the payment of the bonds or of any particular issue of bonds.

E. Neither the members of the board of directors of the corporation or any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

Acts 2010, No. 556, §1.
La. Rev. Stat. § 39:1051 — LA Code / Code revised-statutes / Title 39 / Section 1051
Public Entity Facilities Financing Act
Status: in_force

A. Title. The provisions of this Part shall be known and may be cited as the "Public Entity Facilities Financing Act".

B. Creation or designation of public benefit corporations to finance the construction, renovation and operation of public properties and facilities. Public entities are hereby authorized to create one or more public benefit corporations or designate, by resolution or other authorized act, an existing nonprofit corporation to be such a public benefit corporation pursuant to this Part solely for the purpose of entering into agreements and engaging in financing arrangements, including new markets tax credit transactions, to plan, renovate, construct, lease, sublease, manage, operate and improve public property and facilities within the jurisdiction of the public entity, notwithstanding any restrictions and prohibitions in R.S. 12:202.1.

C. Transfers and dispositions of public properties and facilities to public benefit corporations. Notwithstanding any other provision of law to the contrary and in order to facilitate the construction of new and the renovation of existing public properties or facilities, public entities are hereby authorized to transfer their properties to public benefit corporations created or designated pursuant to this Part through financing arrangements, including without limitation sales, sale-leasebacks, leases, and lease-leasebacks, and such transfer shall be exempted from the limitations or requirements of R.S. 17:87.6 and R.S. 41:891 and 892. However, no transfer or disposition of public properties or facilities authorized by this Part shall result in such properties or facilities being used upon such transfer or thereafter for purposes other than public purposes. The dedication to public purposes of property transferred by a public entity pursuant to this Part shall be specifically stated in any transfer or disposition document, and such language shall also specifically provide that the title and control of the property shall automatically by operation of law revert to the public entity upon the property commencing to be used for a purpose other than a public purpose.

D. Authority of public entities to loan or guarantee loans. Public entities are hereby authorized to make and to guarantee loans to a public benefit corporation created or designated by such public entity hereunder or to other third parties in order to facilitate the construction of new public properties or facilities or the renovation of existing public properties or facilities, provided that as a condition to any such loan or guaranty the public entity shall demonstrate a public purpose for such loan or guaranty pursuant to Article VII, Section 14 of the Constitution of Louisiana. Such loans or guarantees shall further be subject to the approval of the State Bond Commission.

E. Partnerships and agreements with private entities for the construction, renovation and operation of properties by public benefit corporations. Public benefit corporations may act alone or in partnership and financing arrangements with private entities in order to leverage additional funds not otherwise available to public entities for the construction and renovation of properties transferred to or loaned or subleased by such public benefit corporations. However, the use of any funds loaned or made available to a public benefit corporation in partnership or other arrangement with private entities shall be dedicated solely for the construction of new public properties or facilities and the renovation of existing public properties or facilities or operation of public properties or facilities after the payment of all fees and costs related to any financings and partnerships and the setting aside of any reserves required in connection therewith. Such fees and the size of any reserves shall be subject to the approval of the State Bond Commission. Such partnerships or other arrangements shall include language specifically providing that title and control of property transferred to the public benefit corporation by the public entity shall automatically by operation of law revert to the public entity upon the property's ceasing, other than temporarily, to be used for public purposes.

F. Organization and governance of public benefit corporation. A public benefit corporation created pursuant to this Part shall not be a political subdivision of the state but shall be a nonprofit corporation organized and governed under the applicable provisions of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950, as modified by this Part, and shall additionally have all of the powers defined in R.S. 41:1215(B) and R.S. 12:202.1(D), except that any contract for public work, as such term is defined in R.S. 38:2211 between the public benefit corporation and a third party shall be subject to the advertisement and bid requirements of R.S. 38:2212. Any public benefit corporation created or designated by a public entity pursuant to this Part shall be an instrumentality of the public entity by which it was created or designated as a public benefit corporation. Notwithstanding the limitations in R.S. 12:202.1(D) with respect to the right to issue negotiable revenue bonds, the public benefit corporations authorized to be created pursuant to this Part may issue negotiable revenue bonds in connection with a new markets tax credit transaction in any amount deemed necessary to accomplish the purposes set forth herein; provided further, however, that any and all obligations issued by, as well as any related financing arrangements entered into by such public benefit corporations created or designated pursuant to this Part, shall be subject to the approval of the State Bond Commission. Any security interest granted by a public benefit corporation created or designated by a public entity shall be subject to the terms and provisions of R.S. 39:1430.1.

G. Definitions. For purposes of this Part, the following words and phrases shall have the meanings set forth below:

(1) "Public entities" shall have the meaning given in R.S. 39:1421(2), except that "public entities" as used in this Part shall not include school boards that are subject to the terms of R.S. 17:100.10.

(2) "Public properties or facilities" means properties or facilities owned or leased by a public entity or public benefit corporation.

(3) "Public purposes" means the public purpose or purposes for which a particular piece of public property or a public facility is being used or is intended to be used by a public entity.

H. Intent. Nothing in this Part shall be construed as a restriction or a limitation upon any powers which any public entity might otherwise have under any laws of this state. This Part shall be regarded as supplemental and additional to other powers conferred by other laws.

Acts 2010, No. 1009, §1, eff. July 8, 2010.
La. Rev. Stat. § 39:99.30 — LA Code / Code revised-statutes / Title 39 / Section 99.30
Purposes and powers
Status: in_force

A. The corporation's purposes are, and it shall have the authority and powers, to carry out the financing, purchasing, owning, and managing of the Offshore Royalty Revenues and the Offshore Royalty Revenue Assets, the DWH NRD revenues and the DWH NRD assets, and the RESTORE revenues and the RESTORE assets, the corporation being vested, subject to R.S. 39:99.34 and the other provisions hereof, with all the powers of a private corporation to effectuate the purposes of the corporation including, without limitation, the power to sue and be sued, to make contracts, to adopt and use a corporate seal and to alter same, and is further particularly authorized and empowered to:

(1) Purchase the Offshore Royalty Revenue Assets, the DWH NRD assets, and the RESTORE assets, and receive, or authorize the indenture trustee to receive, as the same shall become due, the Offshore Royalty Revenue payments, the DWH NRD payments, and the RESTORE payments.

(2) Adopt, or alter, or repeal any bylaws, rules or regulations as the board may deem necessary.

(3) Issue bonds as authorized by this Subpart and refund any of such bonds.

(4) Commence and prosecute any action or other proceeding to protect or enforce any right conferred upon it by any law, contract or other agreement.

(5) Pay its operating expenses.

(6) Determine the amounts of the residual interests, and pay and transfer such residual interests to the state treasurer, semi-annually, in accordance with the provisions of this Subpart.

(7) Enter into such agreements with the federal government and other parties as the corporation may deem necessary to effectuate the prompt and orderly transfer by the federal government of the state of Louisiana's allocation and for such other purposes that the corporation shall deem advisable.

(8) Do any and all other acts and things necessary, convenient, appropriate or incidental in carrying out the provisions of this Subpart.

B. The corporation is further authorized and empowered to incur obligations to pay its operating expenses in such form as may be authorized by the corporation. This Subpart shall govern the issuance of such obligations insofar as the same may be applicable.

C. The corporation shall prepare an operating budget annually which shall be submitted for approval to the State Bond Commission and the Joint Legislative Committee on the Budget.

D. The corporation shall prepare and submit an annual report to the governor, the State Bond Commission, the Senate committees on finance, natural resources and transportation, and the House of Representatives committees on appropriations, natural resources and transportation, highways and public works on or before March first of each year. The annual report shall contain, among other appropriate matters, the annual operating and financial statements of the corporation for the fiscal year ending the preceding June thirtieth.

E. Any funds held by the corporation or by the indenture trustee may be invested and reinvested in investments and securities that are legal investments under the laws of the state of Louisiana for funds of the state, funds of the political subdivisions of the state or tax exempt bonds as defined in R.S. 49:342(C).

Acts 2007, No. 249, §1, eff. July 6, 2007; Acts 2017, No. 357, §1.
La. Rev. Stat. § 39:1406 — LA Code / Code revised-statutes / Title 39 / Section 1406
Applicability of Chapter
Status: in_force

This Chapter shall not be applicable to any bond issues in process prior to November 25, 1968, and the determination of such facts and findings so made by the state treasurer, as evidenced by a certificate to this effect, shall be conclusive, except that the state treasurer shall have the right to apply the provisions of this Chapter to exempted issues at the request of the issuing agency.

Acts 1968, Ex.Sess., No. 26, §6.
La. Rev. Stat. § 39:1968 — LA Code / Code revised-statutes / Title 39 / Section 1968
Noncompliance with Chapter by division
Status: in_force

Any person aggrieved by any act or inaction of the division may seek judicial relief by a writ of mandamus or by injunction, to require compliance with the provisions of R.S. 39:1953(B) and R.S. 39:1955.

Acts 1984, No. 653, §1, eff. July 1, 1984; Acts 1992, No. 797, §2, eff. July 1, 1992.
La. Rev. Stat. § 39:1211 — LA Code / Code revised-statutes / Title 39 / Section 1211
Depositing authorities defined
Status: in_force

The term, "local depositing authorities", includes all parishes, municipalities, boards, commissions, sheriffs and tax collectors, judges, clerks of court, and any other public bodies or officers of any parish, municipality or township, but it does not include the state and its elected officials, and state commissions, boards, and other state agencies.
La. Rev. Stat. § 39:560 — LA Code / Code revised-statutes / Title 39 / Section 560
Fire protection district; purposes
Status: in_force

The governing authorities of fire protection districts may incur debt and issue bonds of the district for the purpose of acquiring buildings, machinery and equipment, including both real and personal property, to be used in giving fire protection to the property in the districts.
La. Rev. Stat. § 39:1568.2 — LA Code / Code revised-statutes / Title 39 / Section 1568.2
The Road Home Program; reporting on certain contract payments, subcontractors, and performance for professional, personal, consulting, or social services contracts
Status: in_force

Notwithstanding any other provision of law to the contrary, the division of administration, office of community development, shall report monthly to the Legislative Audit Advisory Council with respect to the contract between the office of community development and ICF Emergency Management Services dated June 30, 2006, as amended. The report shall contain information relating to subcontractors, inclusive of subcontractors of subcontractors, payments made to any contractor or subcontractor, the value of the contract, contractor performance in the achievement of goals and objectives of the contract, and any penalties which have been assessed for insufficient performance. The information shall be compiled by the office of community development and delivered to the Legislative Audit Advisory Council on a monthly basis, on a date to be established by the chairman of the council. The commissioner of administration shall consult with the chairman of the Legislative Audit Advisory Council to develop the format in which the information will be presented to the council.

Acts 2008, No. 829, §1, eff. July 8, 2008; Acts 2014, No. 864, §3, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:553 — LA Code / Code revised-statutes / Title 39 / Section 553
Municipal purposes
Status: in_force

The governing authorities of municipal corporations, including cities, towns and villages, may incur debt and issue bonds of the municipal corporations for the following purposes: opening, constructing, paving and improving streets, sidewalks, roads and alleys; constructing bridges; purchasing or constructing waterworks; sewers and sewerage disposal works; drains, drainage canals, and pumping plants; waste disposal facilities; facilities for pollution control and abatement; light and power plants; gas plants; artificial ice and refrigerating plants; halls; courthouses; jails; public markets, and abattoirs; fire department stations and equipment; hospitals, auditoriums; public parks; natatoriums; libraries; school houses; teachers' homes; and other public buildings; docks, wharves, and river terminals; acquiring and/or improving lands for industrial parks, within or without the corporate limits of the municipality; and other works of public improvement as the legislature may expressly authorize. Debt may be incurred and bonds may be issued for the necessary equipment and furnishings for the works, buildings and improvements. The title to all the works, buildings and improvements shall be in the public.

Amended by Acts 1968, No. 620, §1.
La. Rev. Stat. § 39:1566 — LA Code / Code revised-statutes / Title 39 / Section 1566
Appointment of assistants and other employees; delegation of authority by the state chief procurement officer
Status: in_force

Subject to the provisions of the Article X, Section 7 of the Louisiana Constitution of 1974, the state chief procurement officer may employ and supervise such assistants and other persons as may be necessary and may delegate authority to such designees or to any governmental body as the state chief procurement officer may deem appropriate within the limitations of state law and the state procurement regulations.

Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:1467 — LA Code / Code revised-statutes / Title 39 / Section 1467
Investment in government obligations
Status: in_force

Notwithstanding any other provisions of law to the contrary, the state treasurer may invest the proceeds of refunding bonds issued hereunder, moneys from any other source deposited in any funds or accounts established in connection with the issuance of the refunding bonds, or moneys from any source deposited in any funds or accounts established as part of a refinancing, reorganization or refunding of state debt, in government obligations; however, such government obligations shall mature as to principal and interest in such amounts and at such times as will provide, when needed, cash funds for the object or purpose for which the invested funds are to be used.

Added by Acts 1978, No. 382, §1, eff. July 12, 1978.
La. Rev. Stat. § 39:1410.32 — LA Code / Code revised-statutes / Title 39 / Section 1410.32
Certificate of "impossibility or impracticality"
Status: in_force

A. A project in the Capital Outlay Budget Act may be declared "impossible or impractical" by the State Bond Commission. A certificate showing reasons in sufficient detail shall be signed by the head of the Facility Planning and Control Section of the Division of Administration, secretary of the Department of Transportation and Development, the chairmen of the respective boards of commissioners of the various ports, or the head of the agency, political subdivision or board, whichever is appropriate, and filed with the State Bond Commission. Upon a determination by the State Bond Commission that proceeding with such a project or the funding thereof through the issuance of general obligation bonds is impractical or impossible, the Bond Commission may then proceed with a sale of general obligation bonds for other projects in the Capital Outlay Budget Act without regard to the priority of the unfunded projects determined to be impossible or impractical.

B. Upon recommendation by the appropriate person or agency, if it is determined at any time that proceeding with the project or with the funding thereof is no longer impossible or impractical, the Bond Commission may rescind the certificate of impossibility or impracticality and may proceed with the project or with the issuance of general obligation bonds to fund the project.

Acts 1986, No. 444, §1.
La. Rev. Stat. § 39:136 — LA Code / Code revised-statutes / Title 39 / Section 136
Board of Regents electronic notification process
Status: in_force

A.(1) It is the intent of the legislature that, to the maximum extent possible, the executive branch of state government shall utilize the students and faculty of the state's public and private postsecondary institutions of higher learning in the receipt, administration, and monitoring of federal funds made available to or through the state for grant programs in order to ensure that federal funds are used for their intended public purposes and to increase education opportunities for students of public and private postsecondary institutions.

(2) For the purposes of this Section, private postsecondary institutions shall have the same meaning as provided for in R.S. 17:3048.1.

B.(1) The Board of Regents shall establish a means of notifying institutions of available grants and coordinating efforts among institutions interested in receiving the federal funds for distribution, administration, or monitoring.

(2) Any state agency that administers or is eligible to administer a federal grant program shall notify the Board of Regents of any federal grant programs for which the agency is responsible. The Board of Regents shall make such information available to postsecondary institutions of higher learning in the state.

(3) Prior to the initiation of a competitive request for proposals for any contract fully funded by federal funds, a state agency shall notify the Board of Regents to determine in accordance with this Section if services called for are the type readily susceptible of being performed by persons who are employed by or students of a postsecondary institution of the state as required by R.S. 39:1623(A)(8). The Board of Regents shall develop guidelines and procedures for the notification of public and private postsecondary institutions of the state of the services called for and the coordination of the responses of such institutions to determine if the services called for are the type readily susceptible of being performed by persons who are employed or students of a postsecondary institution of the state.

C.(1) Except as provided in Paragraph (2) of this Subsection, this Section shall only apply to grant programs that are fully funded with federal funds.

(2) This Section shall not apply to any of the following:

(a) Federal block grant programs administered by the Community Development Block Grant Program.

(b) Grants that require matching funds.

Acts 2015, No. 395, §1, eff. Sept. 1, 2015.
La. Rev. Stat. § 39:1697 — LA Code / Code revised-statutes / Title 39 / Section 1697
Disputed claims
Status: in_force

A. In cases where a state agency states that payment is late due to reasonable cause, and said claim is disputed by the business owed payment, upon the request of a representative of the business the Joint Legislative Committee on the Budget shall determine whether or not the circumstances constitute "reasonable cause" as used in R.S. 39:1695.

B. No state agency shall be required to pay a penalty if it has submitted a warrant to the state treasurer at least thirty days prior to the due date prescribed by the contract.

Added by Acts 1982, No. 709, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:1798.8 — LA Code / Code revised-statutes / Title 39 / Section 1798.8
Bonds; security; trust agreement; indenture
Status: in_force

In the discretion of the corporation, any bonds issued by it may be secured by a trust agreement or indenture by and between the corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or indenture or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received from any lease of the public facilities. Such trust agreement, indenture, or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law. Any such trust agreement, indenture, or resolution may set forth the rights and remedies of the bondholders and of the trustee or trustees and may restrict the individual right of action of bondholders. In addition to the foregoing, any such trust agreement, indenture, or resolution may contain such other provisions as the corporation may deem reasonable and proper for the security of bondholders.

Acts 1989, No. 805, §1, eff. July 8, 1989.
La. Rev. Stat. § 39:530 — LA Code / Code revised-statutes / Title 39 / Section 530
Assessment certificates
Status: in_force

Governmental entities are authorized to issue bonds to finance works of public improvement secured by local or special assessments imposed pursuant to the provisions of Article VI, Section 36 of the Constitution of Louisiana. The certificates shall be issued in accordance with the procedures set forth in Subpart A or B of Part I of Chapter 7 of Title 33 of the Louisiana Revised Statutes of 1950.

Acts 2018, No. 569, §1, eff. July 1, 2018.
La. Rev. Stat. § 39:89.3 — LA Code / Code revised-statutes / Title 39 / Section 89.3
Nongovernmental entities; requirements; prohibitions
Status: in_force

A.(1) Each nongovernmental entity that receives a legislative appropriation or an appropriation as part of a departmental or agency budget, including any federal funding sources, shall submit to the state agency distributing the appropriation or administering the contract or cooperative endeavor agreement the following information prior to the disbursement of funds:

(a) An itemized report of the nongovernmental entity's administrative expenses associated with the distribution and utilization of state appropriated funds.

(b)(i) The nongovernmental entity's most recent financial report in accordance with R.S. 24:513. The report shall be a sworn financial statement, compilation, review, or audit, as required based on the total revenues and other funding sources received by the entity in any one fiscal year, pursuant to R.S. 24:513(J).

(ii) If the financial report is required to be prepared by a licensed certified public accountant, the engagement of the accountant shall be pre-approved by the legislative auditor through the submission of an engagement letter in accordance with R.S. 24:513(A)(5)(a)(i).

(iii) The completed financial report shall also be submitted to and formally accepted by the legislative auditor in order to be deemed compliant for purposes of eligibility to receive appropriated funds.

(iv) For nongovernmental entities subject to audit requirements pursuant to R.S. 24:513, the audit report shall include an auditor's unqualified opinion and a certification that there are no unresolved audit findings, or that the nongovernmental entity is actively working with the appropriate governmental authority to resolve them.

(v) All financial reports submitted pursuant to this Subparagraph shall be reviewed and accepted by the legislative auditor pursuant to the provisions of R.S. 24:513. No report shall be deemed compliant without such acceptance.

(2) The state agency may require the nongovernmental entity to submit a corrective action plan to address noncompliance with the provisions of this Subsection or any outstanding audit issues or findings.

(3) Any nongovernmental entity that fails to comply with the provisions of this Subsection shall be ineligible to receive disbursement of an appropriation for a period of three years or until the entity has achieved compliance as determined by the state agency.

B.(1)(a) No public official, public employee, or immediate family member thereof shall receive anything of economic value or any form of compensation, whether direct or indirect, from a nongovernmental entity or contract with a nongovernmental entity receiving appropriated funds.

(b) The provisions of this Paragraph shall not apply if the nongovernmental entity is contracted with the Department of Education or with a city, parish, or other local public school system to provide standards-based educational services.

(2) The provisions of this Subsection shall not preclude a public official or public employee from accepting a thing of economic value, gift, or complimentary admission, lodging, and reasonable transportation in compliance with the provisions of R.S. 42:1115, 1115.1, and 1115.2.

C. Nongovernmental entities that receive appropriated funds shall refrain from political activities, including endorsement of any political party or candidate for public office, or the use of machinery, equipment, postage, stationary, or personnel on behalf of any political party or candidate.

D. Nongovernmental entities shall not use appropriated funds for the following purposes:

(1) Lobbying the legislature or a state or local government agency, including funding for employee hours spent lobbying.

(2) Making contributions, directly or indirectly, to political action committees, political parties, or candidates for public office.

E. For purposes of this Subpart, a nongovernmental entity shall not include any school governing authority required to post fiscal information through the School Transparency Project Portal pursuant to R.S. 17:88.1.

Acts 2025, No. 467, §1, eff. June 30, 2025.
La. Rev. Stat. § 39:1545 — LA Code / Code revised-statutes / Title 39 / Section 1545
Public officer bonds; notarial bonds
Status: in_force

A. Notwithstanding any other provision of law to the contrary, the office of risk management may, at its option, self-insure bonds for public officers where such bond coverages are procured through the office of risk management in accordance with other provisions of this Chapter. Upon issuance such self-insured bonds may be substituted for other public officer bonds.

B. Notwithstanding any other provision of the law to the contrary, the office of risk management may, at its option, self-insure notarial bonds where such bond coverages are procured through the office of risk management in accordance with other provisions of this Chapter, and upon issuance, such self-insured bonds may be substituted for other notarial bonds.

C. Notwithstanding any other provision of the law to the contrary, no self-insured public officer or notarial bond issued by the office of risk management shall operate as a mortgage against the property of the surety.

Acts 1988, No. 50, §1.
La. Rev. Stat. § 39:99.5 — LA Code / Code revised-statutes / Title 39 / Section 99.5
Governing board; membership; terms; compensation and expenses; chairman and vice chairman; quorum; employees, agents; limitation of liability
Status: in_force

A. The board of the corporation shall exercise all powers, rights, and duties conferred by this Subpart or other provisions of law upon the corporation. The board shall consist of the governor, the state treasurer, attorney general, president of the Senate and speaker of the House of Representatives, or their legislative designees, and eight members appointed by the governor, one from each congressional district and the remaining member or members from the state at large. The members of the board, who shall represent the state's diverse population as near as practicable, and who are appointed by the governor shall have a background and significant experience in financial management and investments. The members of the board appointed by the governor shall be subject to Senate confirmation and shall serve at the pleasure of the governor for terms of four years each, or until their successors shall have been appointed and qualified, as designated by the governor. Any appointment to fill a vacancy on the board shall be made for the unexpired term of the member whose death, resignation, or removal created such vacancy. Members on the board may be appointed to an additional term.

B. The members of the board shall not receive compensation by reason of their membership on the board or attendance at the meetings thereof. The appointed members of the board shall receive a per diem allowance to be established by the board in an amount not to exceed the amount of per diem authorized for members of the legislature for attendance at meetings of the corporation or committees thereof or for other official duties of the corporation or board, and all members may be reimbursed for travel expenses incurred in the performance of their official duties. The travel expense reimbursement shall be fixed by the corporation in an amount not to exceed those authorized under state travel regulations.

C. The members of the board shall annually elect a chairperson and vice chairperson, and, except for secretary-treasurer of the board, such other officers as the members determine necessary. The state treasurer shall serve as secretary-treasurer of the corporation and board. The chairperson shall sign and execute all vouchers and other orders for the disbursement of funds belonging to the corporation upon authorization by the board. The vice chairperson shall exercise the powers of the chairperson when so directed by the chairperson or when the chairperson is absent. Seven members of the board shall constitute a quorum for the transaction of all business of the corporation. Meetings of the board shall be held at a time and place as determined by and at the call of the chairperson or when requested by a majority of the members, provided that the board shall meet no less than annually.

D. The board may delegate its powers to its chairperson, the secretary-treasurer, officers of the corporation or committees of the board, with such standards for the exercise of delegated powers as the board may specify, and may, to the extent not inconsistent with the rights of the holders, revoke any such delegation.

E. Members of the board and persons acting on the corporation's behalf, while acting within the scope of their duties or employment, shall not be subject to any personal liability resulting from carrying out the powers and duties conferred on them pursuant to this Subpart, and shall have the indemnification rights provided in R.S. 13:5108.1 with respect to such actions.

Acts 2001, No. 1145, §1; Acts 2004, No. 22, §1; Acts 2012, No. 803, §10.
La. Rev. Stat. § 39:813 — LA Code / Code revised-statutes / Title 39 / Section 813
Levy of tax; contesting validity
Status: in_force

A. If the electors vote in favor of the proposition to levy taxes, authorized by this Part, the governing authority, after promulgation of the results of the election and pursuant to the terms of the proposition submitted, shall levy the special taxes so authorized.

B. The resolution promulgating the result of the special tax election shall be published once in the official journal of the political subdivision.

C. For sixty days after promulgation of the result of an election held to levy a tax hereunder, any person in interest may contest the legality of the election or the tax authorized for any cause. After that time no one shall have any cause or right of action to contest the regularity, formality, or legality of the election. If the validity of any election, or tax authorized or provided for is not raised within the sixty days, the authority to levy the tax, the legality thereof, and the taxes shall be presumed to be valid.

Added by Acts 1975, 1st Ex.Sess., No. 28, §1, eff. Feb. 20, 1975.
La. Rev. Stat. § 39:91 — LA Code / Code revised-statutes / Title 39 / Section 91
Deepwater Horizon Economic Damages Collection Fund
Status: in_force

A.(1) There shall be established in the state treasury as a special permanent trust fund named the Deepwater Horizon Economic Damages Collection Fund. After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the Fiscal Year 2015-2016 Deficit Elimination Fund as created in Subsection D of this Section, the first two hundred million dollars of the proceeds of the settlement, judgment, or final disposition of the state's economic damages claims asserted in State of Louisiana v. BP Exploration & Production, et al., MDL NO. 2179 (E.D.LA. pending) (hereinafter "DWH litigation") to recover economic damages sustained by the state from the Deepwater Horizon explosion and oil spill that occurred on or about April 20, 2010, at the MC 252 site in the Gulf of Mexico.

(2) All settlement proceeds received on behalf of the state shall be reported to the Joint Legislative Committee on the Budget.

B. All economic damages proceeds from the DWH litigation in excess of the first two hundred million dollars deposited in the Fiscal Year 2015-2016 Deficit Elimination Fund shall be deposited by the treasurer as follows:

(1) Notwithstanding any provision of law to the contrary including the provisions of Paragraphs (2), (3), and (4) of this Subsection, and Subsection C of this Section, in Fiscal Year 2018-2019, the annual payment of fifty-three million three hundred thirty-three thousand three hundred thirty-three dollars to the state general fund.

(2) For Fiscal Year 2019-2020, forty-five percent of each such receipt of economic damages proceeds to the Budget Stabilization Fund until that fund reaches the amount statutorily mandated by R.S. 39:94.

(3) For Fiscal Year 2019-2020, forty-five percent of each such receipt of economic damages proceeds to the Medicaid Trust Fund for the Elderly provided for in R.S. 46:2691 until an amount not to exceed seven hundred million dollars has been deposited into such fund.

(4) For Fiscal Year 2019-2020, ten percent of each such receipt of economic damages proceeds to the Health Trust Fund provided for in R.S. 46:2731 until an amount not to exceed thirty million dollars has been deposited into such fund.

(5) Beginning July 1, 2020, and each fiscal year thereafter through and including Fiscal Year 2034, in such amounts as remain after payment of amounts due on bonds and related expenses as provided in the documents pursuant to which bonds were issued under the provisions of this Section, the state treasurer shall immediately transfer the annual payments of fifty-three million three hundred thirty-three thousand three hundred thirty-three dollars to the Construction Subfund of the Transportation Trust Fund. The economic damage proceeds shall be used, and the bonds issued by the State Bond Commission pursuant to this Section shall be issued, after paying the costs associated with the issuance of the bonds, solely and exclusively for the following projects and in the following amounts:

(a) For Fiscal Years 2021-2026, $25,000,000

per year for Phase Two of the LA 1 Improvement

Project between Golden Meadow, La. and

Leeville, La. $150,000,000

(b) LA 415 Bridge at the Intracoastal Canal $125,000,000

(c) I-49 South $150,000,000

(d) LA Highway 3241 from I-12 to Bush, La. $50,000,000

(e) I-49 North Inter-City Connector in Caddo Parish $100,000,000

(f) Acquisition of a New Cameron Parish Ferry $20,000,000

(g) On-System Bridge Program for the

replacement and rehabilitation program

for highway bridges on any federal-aid

system over waterways, other topographical

barriers, other highways, and railroads and

for replacement and rehabilitation of highway

bridges on state highways that are ineligible

for federal highway funding assistance $40,000,000

(h) Sugarhouse Road Extension/Eddie Williams

Boulevard to LA 43 Highway 1, Phase I and II $19,000,000

(i) Acquisition of Two Cranes for the Port of

New Orleans $20,000,000

(j) Hooper Road Widening from LA 3034 to LA 37 $15,000,000

(6) The dollar value listed, plus an amount equal to ten percent, together with other requirements including but not limited to costs of issuance, capitalized interest, if any, credit enhancement and related costs, is the maximum amount that may be financed for each of the following projects.

(7) The economic damage payments shall not be used by the Department of Transportation and Development for any project that is to be funded through Grant Anticipation Revenue Vehicle (GARVEE) bonds.

(8) Projects contained in this Section shall not be required to be included in the annual comprehensive capital budget nor obtain legislative approval as provided in R.S. 39:112(G).

C. Notwithstanding any provision of law to the contrary, and as a grant of power in addition to any other general or special law, the State Bond Commission, hereinafter referred to as the "commission", on behalf of the Department of Transportation and Development, hereinafter referred to as the "department", may issue bonds, notes, certificates, or other evidences of indebtedness, hereinafter collectively referred to as the "bonds", for the purpose of funding the projects listed in Paragraph (B)(5) of this Section, and may pledge the economic proceeds received by the state from the Deepwater Horizon oil spill litigation for the payment of the principal and interest of such bonds. The commission is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or other sum of money, aid, or assistance from the United States, the state, or any political subdivision thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or any other money of the commission, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds. Any bonds issued pursuant to the provisions hereof shall constitute revenue bonds under Article VII, Section 6 of the Constitution of Louisiana, and such bonds shall be payable solely from an irrevocable pledge and dedication of the economic damage proceeds received by the state from the Deepwater Horizon oil spill damages beginning in Fiscal Year 2021 and through Fiscal Year 2034, or other fees, rates, rentals, charges, grants, or other receipts or income derived by or in connection with an undertaking, facility, project, or any combination thereof, without a pledge of the full faith and credit of the state, hereinafter referred to as "revenues".

D.(1) The Fiscal Year 2015-2016 Deficit Elimination Fund, hereinafter referred to as the "fund", is hereby created in the state treasury. After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the Fiscal Year 2015-2016 Deficit Elimination Fund the first two hundred million dollars of the proceeds of the settlement, judgment, or final disposition of the state's economic damages claims asserted in the DWH litigation to recover economic damages sustained by the state from the Deepwater Horizon explosion and oil spill that occurred on or about April 20, 2010, at the MC 252 site in the Gulf of Mexico.

(2) All unexpended and unencumbered monies in the Fiscal Year 2015-2016 Deficit Elimination Fund at the end of the fiscal year shall remain in the fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of monies shall be credited to the fund.

(3) Monies in the fund shall be appropriated and used solely to provide a source of funds to eliminate all or a portion of the Fiscal Year 2015-2016 budgetary deficit.

(4) This fund shall only be comprised of noncoastal restoration monies.

E. In accordance with the provisions of Article VII, Section 9(A)(6) of the Constitution of Louisiana, there is hereby established a special fund for the purpose of providing for the securitization of any bonds which may be issued pursuant to the provisions of this Section which shall include requirements for reserves and credit enhancement devices, all as may be provided in any resolution, trust agreement, indenture, or other instrument pursuant to which such bonds were issued. The fund shall be administered by a trustee as designated by the State Bond Commission. The source of monies for the fund shall be the economic damage proceeds received by the state from the Deepwater Horizon oil spill damages beginning in Fiscal Year 2021 and through Fiscal Year 2034, pursuant to this Section. All revenues received from the economic damages as are necessary to provide for all requirements associated with the bonds as provided in this Section shall be classified and set aside in a separately identifiable fund or account outside of the state treasury but maintained by the state treasury and such revenues shall be assigned and pledged to the trustee under the documents pursuant to which the bonds were issued for the benefit of the holders of the bonds. Only after satisfaction of all requirements of this Section shall any monies received by the state from the Deepwater Horizon economic damages be available for any other purposes, and specifically for the purposes provided for in this Section.

F. Bonds issued under the provisions of this Section shall not be deemed to constitute a pledge of the full faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any public entity of the state are pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this Section shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatsoever therefor or to make any appropriation for their payment.

G. Bonds shall be authorized by a resolution of the commission and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including but not limited to fixed, variable, or zero rates, be payable at such time or times, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption prior to maturity at such price or prices as determined by the commission, and be entitled to such priority on the revenues as such resolution or resolutions may provide.

H. Bonds shall be sold by the commission at public sale by competitive bid or negotiated private sale and at such price as the commission may determine to be in the best interest of the commission and the state.

I. Except for the provisions of R.S. 39:1367, the issuance of the bonds shall not be subject to any limitations, requirements, or conditions contained in any other law, and bonds may be issued without obtaining the consent of any political subdivision of the state or of any agency, commission, or instrumentality of the state. The bonds shall be issued in compliance with the provisions of this Section.

J. For a period of thirty days after the date of publication of a notice of intent to issue bonds in the official journal of the commission authorizing the issuance of bonds hereunder, any person in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, but after that time no one shall have any cause or right of action to contest the legality of the resolution or of the bonds or the security therefor for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the resolution, the bonds or the security therefor within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, the legality thereof, and all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed to be legal and shall be incontestable. Any notice of intent so published shall set forth in reasonable detail the purpose of the bonds, the security therefor, and the parameters of amount, duration, and interest rates. Any suit to determine the validity of bonds issued by the commission shall be brought only in accordance with the provisions of R.S. 13:5121 et seq.

K. All bonds issued pursuant to this Section shall have all the qualities of negotiable instruments under the commercial laws of the state.

L. Any pledge of the revenues or other monies made by the commission shall be valid and binding from the time when the pledge is made. The revenues or monies so pledged and thereafter received by the commission shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission irrespective of whether such parties have notice thereof. Any trust agreement or other instrument by which a pledge is created need not be filed or recorded except in the official records of the commission.

M. Neither the members of the commission nor any person executing the bonds shall be personally liable for the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

N. Bonds of the commission, their transfer, and the income thereof shall at all times be exempt from all taxation by the state or any political subdivision thereof, and may or may not be exempt for federal income tax purposes. The bonds issued pursuant to this Section shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts, or other political corporations or subdivisions of the state. Such bonds shall be lawful and sufficient security for said deposits to the extent of their value. When any bonds shall have been issued pursuant to this Section, neither the legislature, the state, nor any other entity may act to impair any obligation or contract for the benefit of the holders of the bonds or discontinue or decrease the fees, taxes, rates, or other revenues pledged to the payment of the bonds authorized hereunder or permit to be discontinued or decreased said revenues in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of any fee, rate, or other revenues which would diminish the amount of the revenues to be received by the commission, until all such bonds shall have been retired as to principal and interest, and there is hereby vested in the holders from time to time of such bonds a contract right in the provisions of this Section.

O. The commission may provide by resolution for the issuance of refunding bonds pursuant to R.S. 39:1444 et seq.

P. The holders of any bonds issued hereunder shall have such rights and remedies as may be provided in the resolution or trust agreement authorizing the issuance of the bonds, including but not by way of limitation, appointment of a trustee for the bondholders, and any other available civil action to compel compliance with the terms and provisions of the bonds and the resolution or trust agreement.

Q. Subject to the agreements with the holders of bonds, all proceeds of bonds and all revenues pledged under a resolution or trust agreement authorizing or securing such bonds shall be deposited and held in trust in a fund or funds separate and apart from all other funds of the state treasury or of the department. Subject to the resolution or trust agreement, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes provided in such resolution or trust agreement.

R. The commission is authorized to employ all professionals it deems necessary in the issuance of the bonds.

S. The commission is authorized to enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts necessary, convenient, or desirable for the issuance of the bonds or to carry out any power expressly given in this Section.

T. Any other provision of law to the contrary notwithstanding, any revenues deposited in the bond fund that are pledged to the repayment of any bonds issued in accordance with this Section may be collected and disbursed in accordance with the documents pursuant to which such bonds were issued.

Acts 2014, No. 646, §3, eff. July 1, 2014; Acts 2015, No. 396, §1; Acts 2016, 1 st Ex. Sess., No. 3, §1, eff. March 3, 2016; Acts 2016, No. 601, §2, eff. June 17, 2016; Acts 2018, No. 612, §12, eff. July 1, 2020; Acts 2018, 2 nd Ex. Sess., No. 10, §1, eff. July 1, 2018; Acts 2019, No. 362, §§1, 2, eff. June 11, 2019, §11, eff. July 1, 2019, §12, see Act for special eff. date; Acts 2019, No. 404, §1, eff. July 1, 2020; Acts 2019, No. 443, §1, eff. June 25, 2019, and §3 eff. July 1, 2020.

NOTE: See Acts 2018, No. 612, and Acts 2019, No. 404, providing for the effects of the conversion of certain dedicated funds to special statutorily dedicated fund accounts.
La. Rev. Stat. § 39:174 — LA Code / Code revised-statutes / Title 39 / Section 174
Base-line projection report; development; promulgation
Status: in_force

A. The legislative fiscal office shall prepare and promulgate a base-line projection report on behalf of the Revenue Estimating Conference, the Joint Legislative Committee on the Budget, and the commissioner of administration using the revenue figures established in R.S. 39:172(D) and the expenditure figures established in R.S. 39:173(E).

B. The base-line projection report shall be promulgated no later than two calendar weeks after the figures for each of the five fiscal years to be included in the report have been established for both revenues and expenditures. Thereafter, the base-line projection report shall be revised and promulgated no later than two calendar weeks after any of the following events occur:

(1) The Revenue Estimating Conference meets in accordance with R.S. 39:26 and revises the official forecast for the current fiscal year or the ensuing fiscal year in accordance with R.S. 39:24.

(2) The Revenue Estimating Conference revises the projection of revenues for any of the fiscal years for the three-year period following the ensuing fiscal year.

(3) The Joint Legislative Committee on the Budget and the division of administration approve any changes to the ensuing fiscal year expenditures.

(4) The Joint Legislative Committee on the Budget and the division of administration approve a change to the projected expenditures for any fiscal year for the three-year period following the ensuing fiscal year.

Acts 1992, No. 827, §1, eff. Aug. 1, 1992.
La. Rev. Stat. § 39:99.6 — LA Code / Code revised-statutes / Title 39 / Section 99.6
Purposes and powers of the corporation
Status: in_force

A. The corporation's purposes are, and it shall have the authority and powers, to carry out the financing, purchasing, owning and managing of the tobacco assets and activities incidental thereto, the corporation being vested (subject to R.S. 39:99.10 and the other provisions hereof) with all the powers of a private corporation to effectuate the purposes of the corporation including, without limitation, the power to sue and be sued, to make contracts, to adopt and use a corporate seal and to alter same, and is further particularly authorized and empowered to:

(1) Purchase the tobacco assets and receive, or authorize the indenture trustee to receive, as the same shall become due, the tobacco settlement payments.

(2) Adopt, or alter, or repeal any bylaws, rules or regulations as the board may deem necessary.

(3) Issue bonds as authorized by this Subpart and refund any of such bonds.

(4) Commence and prosecute any action or other proceeding to protect or enforce any right conferred upon it by any law, contract or other agreement.

(5) Pay its operating expenses.

(6) Determine the amounts of the residual interests, and pay and transfer such residual interests to the state treasurer, semi-annually, in accordance with the provisions of this Subpart.

(7) Do any and all other acts and things necessary, convenient, appropriate or incidental in carrying out the provisions of this Subpart.

B. The corporation is further authorized and empowered to incur obligations to pay its operating expenses in such form as may be authorized by the corporation. This Subpart shall govern the issuance of such obligations insofar as the same may be applicable.

C. The corporation shall prepare an operating budget annually which shall be submitted for approval to the State Bond Commission and the Joint Legislative Committee on the Budget.

D. The corporation shall prepare and submit an annual report to the governor, the State Bond Commission, the Senate Committee on Finance and the House of Representatives Committee on Appropriations on or before March 1 of each year. The annual report shall contain, among other appropriate matters, the annual operating and financial statements of the corporation for the fiscal year ending the preceding June 30.

E. Any funds held by the corporation or by the indenture trustee may be invested and reinvested in investments and securities that are legal investments under the laws of the state of Louisiana for funds of the state, funds of the political subdivisions of the state or tax exempt bonds as defined in R.S. 49:342(C).

Acts 2001, No. 1145, §1.
La. Rev. Stat. § 39:2192 — LA Code / Code revised-statutes / Title 39 / Section 2192
Right to prohibit awards or procurement with individuals convicted of certain felony crimes
Status: in_force

A. In awarding contracts, any public entity is authorized to reject the lowest bid from, or not award the contract to, a business in which any individual with an ownership interest of five percent or more has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony crime or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, the Louisiana Procurement Code under the provisions of Chapter 17 of this Title.

B. Nothing in this Section shall impose a duty, responsibility, or requirement on a public entity to perform criminal background checks on contractors, vendors, or subcontractors. It shall be the responsibility of any person, company, or entity making an allegation of prior convictions on the part of any individual with an ownership interest of five percent or more in any bidder to present prima facie evidence to the public entity supporting their claim.

C. If evidence is submitted substantiating that any individual with an ownership interest of five percent or more in the lowest bidder has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony crime or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws listed in Subsection A of this Section and the public entity rejects the lowest bid, the company whose bid is rejected shall be responsible to the public entity for the costs of rebidding, the increased costs of awarding to the second low bidder, or forfeiture of the bid bond, whichever is higher.

Acts 2010, No. 864, §2.
La. Rev. Stat. § 39:1707 — LA Code / Code revised-statutes / Title 39 / Section 1707
Use of payments received by a supplying public procurement unit
Status: in_force

All payments from any public procurement unit or external procurement activity received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit as authorized by law.

Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:86 — LA Code / Code revised-statutes / Title 39 / Section 86
Central payroll system
Status: in_force

A. The division of administration shall develop and implement a central automated payroll system for all budget units or programs. The system shall be designated to issue payroll checks only to employees who occupy positions approved by the Department of State Civil Service and to monitor all transactions which result in the payment of salaries or wages. It shall report on the exception basis transactions for each budget unit or program which are not in conformance with the appropriation acts. The division of administration shall report annually to the legislature on the status of the payroll system until the system is operational.

B. Upon the completion of the central payroll system and after the completion of each pay cycle, the Department of State Civil Service shall prepare a report by department and budget unit detailing the variances by position and incumbent between the actual payroll and the approved personnel table. This report shall be made available on request to the budget office and the legislative fiscal office.

Acts 1989, No. 836, §1, eff. July 1, 1989.
La. Rev. Stat. § 39:72.1 — LA Code / Code revised-statutes / Title 39 / Section 72.1
Compliance with audit requirements
Status: in_force

A.(1) Notwithstanding any contrary provision of law, no funds appropriated directly or indirectly in the general appropriations act, the capital outlay act, or other appropriation act, or awarded from the Louisiana Department of Health Drinking Water Revolving Loan Fund, the Department of Environmental Quality Clean Water State Revolving Fund, or from the office of community development programs for Community Development Block Grants, local government assistance program, disaster recovery grants, the Community Water Enrichment and Other Improvements Fund, or similar programs, shall be released or provided to any recipient of an appropriation if, when, and for as long as the recipient fails or refuses to comply with the provisions of R.S. 24:513 or R.S. 39:112(E)(4).

(2) No public entity that has failed or refused to comply with the provisions of R.S. 24:513 shall let any contract, including a public contract, that utilizes any state funds, whether received through direct appropriation, through transfer or grant from another public entity, or whose funding relies upon the full faith and credit of the state. For the purposes of this Paragraph, the terms "public entity" and "public contract" shall be defined as in R.S. 38:2211(A), and the term "state funds" shall also include any federal funds, including grants, that pass through the state. For the purposes of this Section, the term "public entity" shall include a local auditee as defined in R.S. 24:513.

B. No recipient shall be considered to fail or refuse to comply with the provisions of R.S. 24:513 pursuant to this Section during any extension of time granted by the legislative auditor or the Legislative Audit Advisory Council to the recipient to comply as provided in Subsection C of this Section.

C. Notwithstanding any contrary provision of law, the legislative auditor may grant a recipient, for good cause shown, an extension of time to comply and the Legislative Audit Advisory Council may grant an additional extension with the recommendation of the legislative auditor.

D. Notwithstanding any provision of law to the contrary, if the public entity is in compliance with R.S. 24:513 when it enters into a public contract related to public health, welfare, or safety, and later becomes noncompliant with the provisions of R.S. 24:513, the legislative auditor may grant the public entity an extension of time under R.S. 24:513 in order that the public entity may receive appropriated or awarded state funds and shall tender outstanding payments to contractors, subcontractors, suppliers, and others due payment by the public entity related solely to contracts that will inure to the benefit of public health, welfare, or safety. The public entity shall abide by any conditions imposed by the legislative auditor to monitor the proper payment of funds due to contractors, subcontractors, suppliers, and others.

Acts 2008, No. 771, §1; Acts 2017, No. 399, §2; Acts 2020, No. 219, §1, eff. July 1, 2020; Acts 2024, No. 764, §1, eff. July 1, 2024.
La. Rev. Stat. § 39:559.1 — LA Code / Code revised-statutes / Title 39 / Section 559.1
Hospital service districts; revenue bonds
Status: in_force

A. In addition to all other powers authorized by the constitution and laws of Louisiana, each hospital service district (hereinafter referred to as "district") is empowered to issue hospital revenue bonds as authorized by the provisions of this Act.

B.(1) To obtain funds to acquire, construct, reconstruct, renovate, improve, replace, maintain, repair, extend, enlarge, lease, as lessee or lessor, hospitals, sanitariums, clinics or other health care facilities, laundry, administration or office building for physicians or dealers in medical accessories or research facility, maintenance, storage or utility facilities, dormitories, homes or residences for the medical profession, including interns, nurses, students, or other officers or employees of the institutions, or for the use of relatives of patients in hospitals or other facilities in the district, laboratories, or any other facility, building or structure which may be of use or benefit in the teaching, training or practice of medical science and treatment of human ailments, or for such other facilities as the district shall find useful in the study of, research in, or treatment of illnesses or infirmities (hereinafter collectively referred to as "hospital"), the district, acting through the board of commissioners, the governing authority thereof (hereinafter referred to as "board") may incur debt and issue bonds. The bonds shall be negotiable instruments and shall be solely the obligations of the district and not the state of Louisiana. The bonds and the income thereof shall be exempt from all taxation in the state of Louisiana. The bonds shall be payable out of the income, revenues and receipts derived or to be derived from the lease of the hospital acquired by the district. In addition to the pledge of income, revenues or receipts to secure the bonds, the board may further secure their payment by a conventional mortgage upon the land and hospital thereon, including all or any part of the existing facilities owned or operated by the district, and/or any facility acquired by the district with the proceeds of bonds. The bonds shall be authorized and issued by resolution of the board and shall be of such series, bear such date or dates, mature at such time or times, not to exceed forty years from issuance, bear interest at such rate or rates, be in such denominations, be in such form, either coupon or fully registered without coupon, carry such registration and exchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and be entitled to such priorities on the income, revenues and receipts of the district from the hospital as such resolution may provide. The bonds shall be signed by such officers as the district shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officer or officers as the board shall designate. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the officer or officers whose facsimile signature or signatures may be on the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered. The bonds or notes shall be sold at public sale after advertisement, as provided for in Act 19 of the Extraordinary Session of 1975, or at private sale for not less than par and accrued interest after advertisement by the district at least once a week for two consecutive weeks, the first advertisement to appear at least ten days before the date of the sale. Pending preparation of the definitive bonds, the district may issue interim receipts or certificates which shall be exchanged for such definitive bonds.

(2) The board may in any resolution authorizing the issuance of bonds enter into such covenants with the future holder or holders of the bonds as to the lease or rental of the hospital, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against such hospital and the revenues therefrom, the carrying of insurance on the hospital, the keeping of books and records, and other pertinent matters, as may be deemed proper by the board to assure the marketability of the bonds, provided such covenants are not inconsistent with the provisions of this Section.

(3) If any bonds issued hereunder are permitted to go into default as to principal or interest, any court of competent jurisdiction may pursuant to the application of the holder of the bonds, appoint a receiver for the hospital, which receiver shall operate the hospital and collect and distribute the revenues thereof pledged to the payment of the bonds, pursuant to the provisions and requirements of this Section and of the resolution authorizing the bonds. As hereinbefore provided, such bonds may in the discretion of the board be additionally secured by conventional mortgage on all or any part of the land and the hospital thereon, and the board shall have full discretion to make such provisions as it may see fit for the making and enforcement of such mortgage and the provisions to be therein contained.

(4) If more than one series of bonds is issued hereunder payable from the revenues of any hospital, priority of lien on such revenues shall depend on the time of the delivery of the bonds, each series enjoying a lien prior and superior to that enjoyed by any series of bonds subsequently delivered, except that where provision is made in the proceedings authorizing any issue or series of bonds for the issuance of additional bonds in the future on a parity therewith pursuant to procedure or restrictions provided in such proceedings, additional bonds may be issued in the future on parity with such issue or series in the manner as provided in such proceedings. As to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the board may in the proceedings authorizing the issuance of the bonds provide that all of the bonds of the series or issue shall be coequal as to lien regardless of the time of delivery. In no event shall the bonds constitute a claim against any property or revenue of the district not specifically pledged or mortgaged for payment of such bonds.

(5) Any resolution or resolutions authorizing any bonds or any issue of bonds may additionally contain covenants, agreements and provisions as are judged advisable or necessary by the district for the security of the holders of the bonds, including sinking funds and reserves for the payment of principal and interest.

(6) The board shall have power out of any funds available therefrom to purchase its bonds or notes. The district may hold, pledge, cancel or resell such bonds, subject to and in accordance with agreements with bondholders.

C. Bonds issued by the board under this Section are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, trust companies, banks, bankers, banking associations, savings banks and savings associations, including savings and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, pension, profit-sharing, retirement funds, and other persons carrying on a banking business, and all other persons whatsoever, who are now or may hereafter be, authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal or public officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.

D.(1) The board is authorized to provide for the issuance of bonds of the district for the purpose of refunding any bonds of the district then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase or maturity of such bonds, and, if deemed advisable by the board, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a project or any portion thereof.

(2) The proceeds of any such bonds issued for the purpose of refunding outstanding bonds, may, in the discretion of the board, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest of any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the district.

(3) Any such escrowed proceeds, pending such use, may be invested and reinvested in obligations of, or guaranteed by, the United States of America, or in certificates of deposit or time deposits secured by the obligations of, or guaranteed by, the United States of America, maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the district for use by it in any lawful manner.

(4) Refunding bonds may be delivered in exchange for the outstanding bonds. Refunding bonds shall be authorized in all respects as original bonds are herein required to be authorized, and the district in authorizing the refunding bonds shall provide for the security of the bonds, the sources from which the bonds are to be paid and for the rights of the holders thereof in all respects as herein provided for other bonds issued under authority of this Section. The district may also provide that the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the bonds refunded.

E. Notwithstanding any provision hereof, any revenue bonds or refunding bonds or other obligations authorized to be issued under this Section shall, before the delivery thereof, be approved by the State Bond Commission and the governing authority of the parish in which the district is located.

F. Such bonds or other debt obligations shall not be issued until the governing authority of the political subdivision has adopted an appropriate resolution giving notice of its intention to issue such bonds or other debt obligations, including a general description thereof and the security therefor, and notice of this intention has been published in four consecutive weekly issues of a newspaper of general circulation published in the political subdivision or in the parish where it is located, setting forth a date and time when the governing authority will meet in open and public session to hear any objections to the proposed issuance of such bonds or other obligations, provided, however, if at such hearing a petition duly signed by electors of the political subdivision in a number not less than five percent of the number of such electors voting the last special or general election object to the issuance of the proposed bonds or other debt obligations, then such bonds or other debt obligations shall not be issued until approved by a vote of a majority of the qualified electors of the political subdivision who vote at a special election held for the purpose in the manner provided by Part II, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950. Any such petition shall be accompanied by a certificate of the parish registrar of voters certifying that the signers of the petition are registered electors of the political subdivision and the number of signers amount to not less than five percent of the registered electors that voted in the last tax election in said political subdivision. Prior to the publication of the notice of intention required in the preceding sentence, the State Bond Commission must approve the contents of the proposed notice of intention therein required.

G. All bonds issued shall be incontestable for any cause whatsoever after thirty days from the date of publication of the resolution authorizing their issuance. For a period of thirty days from the date of publication of the resolution authorizing the issuance of any bonds hereunder, which publication shall be made in a newspaper which is the official journal of the parish, any person or persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, after which time no one shall have any cause or right of action to contest the legality of said resolution or of the bonds authorized thereby for any cause whatsoever. If no suit, action, or proceedings are begun contesting the validity of the bonds within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, the legality thereof and of all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters. Such bonds shall have all the qualities of negotiable instruments under the laws of this state governing negotiable instruments.

H. Nothing contained in this Act is or shall be construed as a restriction or a limitation upon any powers which any service district might otherwise have under any laws of this state, and this Section is cumulative of any such powers. This Section does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. Neither the making of contracts nor the issuance of bonds, notes, refunding bonds, or other obligations pursuant to the provisions of this Section need comply with the requirements of any other state law applicable to the making of the contracts and the issuance of the bonds, notes, and other obligations for the construction and acquisition of any project undertaken pursuant to this Section, except as herein provided. No proceedings, notice, or approval shall be required for the issuance of any bonds, notes, or other obligations, or any instrument as security therefor, except as provided in this Section.

I. Nothing contained in R.S. 39:559.1 is or shall be construed as a restriction or a limitation upon any powers which any hospital service district may otherwise have under any laws of this state, and each hospital service district issuing revenue bonds under the provisions of R.S. 39:559.1 is specifically empowered to operate its own hospital and the bonds shall be payable out of the income, revenues and receipts derived or to be derived by the district from the operation of its hospital as then existing or thereafter acquired.

Added by Acts 1976, No. 506, §§1 to 8. Amended by Acts 1977, No. 713, §1.
La. Rev. Stat. § 39:99.28 — LA Code / Code revised-statutes / Title 39 / Section 99.28
Corporation created; domicile; fiscal year
Status: in_force

The corporation is created as a special purpose, public corporate entity, an instrumentality independent of the state. The corporation shall be a public corporate body, intended, created and empowered to effectuate only the purposes set forth in this Subpart, and shall have a legal existence, separate and distinct from the state of Louisiana. The domicile of the corporation shall be East Baton Rouge Parish. The corporation shall operate on a fiscal year basis commencing on July first and ending on June thirtieth of each year.

Acts 2007, No. 249, §1, eff. July 6, 2007.
La. Rev. Stat. § 39:1102 — LA Code / Code revised-statutes / Title 39 / Section 1102
Governing authorities
Status: in_force

The governing authority of subdivisions enumerated in this Chapter shall be: for parishes, the police jury of the parish or its equivalent; for cities, towns and villages, the municipal boards thereof.
La. Rev. Stat. § 39:559 — LA Code / Code revised-statutes / Title 39 / Section 559
Hospital district purposes
Status: in_force

The governing authorities of hospital service districts may incur debt and issue bonds of the district for the purpose of acquiring buildings, machinery and equipment, including both real and personal property, to be used in providing hospital facilities to the districts.
La. Rev. Stat. § 39:100.43 — LA Code / Code revised-statutes / Title 39 / Section 100.43
Coronavirus Local Recovery Allocation Program
Status: in_force

A. There is hereby created the Coronavirus Local Recovery Allocation Program to be administered by the commissioner of the division of administration, in consultation with the Governor's Office of Homeland Security and Emergency Preparedness, in accordance with the provisions of this Subpart.

B. There is hereby created and established in the state treasury, as a special fund, the Coronavirus Local Recovery allocation fund, hereinafter referred to as the "allocation fund" for the purpose of providing monies to local governments for the expenditures incurred and in response to the COVID-19 pandemic.

C.(1) Pursuant to legislative appropriation, the treasurer is hereby authorized and directed to deposit in and credit to the allocation fund five hundred fifty-five million four hundred seventy-eight thousand seven hundred four dollars of the federal monies allocated to Louisiana pursuant to Section 5001 of the CARES Act. The monies in the allocation fund shall be invested in the same manner as monies in the state general fund. Interest earned on the investment of monies in the recovery fund shall be deposited in and credited to the allocation fund. Except as provided in this Section and if applicable under federal guidelines, unexpended and unencumbered monies in the allocation fund shall remain in the allocation fund. Monies in the allocation fund shall be appropriated and used solely as provided in this Section.

(2) The treasurer shall transfer and deposit twenty-five million dollars of the monies in the allocation fund to the Critical Infrastructure Workers Hazard Pay Rebate Fund in the state treasury.

D. From the initial amount deposited into and credited to the allocation fund, an amount equal to one-half of one percent shall be available for appropriation to GOHSEP to be used for administering the program. GOHSEP is hereby authorized to use staff as necessary from the office of community development for administrative and technical support. An additional amount equal to one-half of one percent of the initial amount deposited into the fund shall be available to be appropriated to the legislative auditor for the costs of reviewing the program. The remaining monies in the allocation fund shall be available to GOHSEP to provide funds to political subdivisions in Fiscal Years 2020 and 2021 pursuant to the allocation program as established in this Section.

E. The commissioner of administration, in consultation with GOHSEP and the office of community development in the division of administration, shall develop procedures to govern the administration of the program, and determine the maximum allocation of monies in the allocation fund available for each parish to submit eligible applications for funds. The commissioner may promulgate emergency rules, as necessary for the administration of this program. The commissioner shall institute the program no later than June 5, 2020. The commissioner shall cause information regarding the program to be published on the websites of the state, the division of administration, and GOHSEP. The commissioner shall notify each parish of the provisions herein.

F. The commissioner of administration shall develop a method to determine the maximum allocation for each parish based on total population of the parish and the number of confirmed cases of COVID-19 within the parish. The commissioner shall notify each applicant that there is no guarantee that the amount of funds received by the local government units of a parish shall equal the maximum amount allocated to the parish. If on November 1, 2020, any parish has an unobligated portion of their allocation, the unobligated portion may be moved by the commissioner of administration to other parishes which have used all of their allocation and have remaining submissions, subject to approval of the Joint Legislative Committee on the Budget.

G. The monies allocated to local government units in each parish shall only be for eligible expenses as provided in the CARES Act.

H. Within fifteen calendar days after receiving a submission for reimbursement pursuant to this Section, GOHSEP and the division of administration shall review and, if eligible, approve the submission, and forward the approved eligible expenditures to GOHSEP for disbursement. Funds for verified claims shall be disbursed by GOHSEP within five business days of receipt by GOSHEP.

I. Any claims for expenses incurred after December 30, 2020, or submitted to the division of administration after January 31, 2021, shall be ineligible for payment pursuant to the provisions of the CARES Act.

J. No later than the fifteenth day of each month, the director of GOHSEP and the commissioner of administration jointly shall submit a report to the Joint Legislative Committee on the Budget detailing by parish the amounts requested for reimbursement pursuant to this Section, the amounts actually reimbursed, and the average time for disbursing funds to each parish.

K. Each local governmental unit shall provide a certification, on a form developed by the commissioner of administration and GOHSEP, signed by the authorized chief executive of the local government that the proposed uses of the funds are consistent with the CARES Act. The certification shall also provide that the local government unit shall hold the state harmless and indemnify the state in the event that payments were misappropriated, converted, and/or spent for any purpose other than those authorized by and in accordance with the CARES Act as determined by any executive, administrative, or judicial body of competent jurisdiction.

L. Any unobligated balance in the fund on June 30, 2021, shall be transferred to the State Coronavirus Relief Fund.

Acts 2020, No. 311, §1, eff. June 12, 2020; Acts 2020, 1 st Ex. Sess. No. 10, §6, eff. July 9, 2020, and see Act; Acts 2021, No. 114, §9, eff. June 7, 2021.

NOTE: See Acts 2020, 1 st Ex. Sess., No. 10, §13, re: eff. date of Paragraph (C)(2).
La. Rev. Stat. § 39:529 — LA Code / Code revised-statutes / Title 39 / Section 529
Grant anticipation notes
Status: in_force

A. A governmental entity may issue a grant anticipation note or notes in anticipation of and upon the security of specified accounts receivable from the state or the federal government, including without limitation, grants, loans, or a combination of both, for which the governing authority of the governmental entity finds and determines that funds have been appropriated and committed to the governmental entity.

B. Grant or loan funds from the state or federal government for any construction and improvement for which the governmental entity is authorized to expend monies shall be pledged for the payment of the note or notes and the interest thereon. The note or notes and the interest thereon shall be a first lien upon and charge against such grant or loan funds. Any notes issued pursuant to this Section, to the extent not paid from grant or loan funds of the governmental entity pledged for the payment thereof, at the discretion of the governing authority of the governmental entity, may be paid as to principal and interest from any taxes, income, revenue, cash receipts, or other monies of the governmental entity lawfully available therefor and in accordance with the provisions provided therefor in the resolution or ordinance authorizing their issuance.

C. The proceeds of grant anticipation notes may be used and expended by the governmental entity solely for the purpose for which the grant or loan is to be received or for the retirement of the notes, except that income from the investment of such proceeds may be used to pay costs associated with the facility or improvements being financed from such grant or loan.

D. No grant anticipation note shall be issued if the grant or loan to be received is for the construction of a facility or work of public improvement unless the grant or loan agreement is in existence at the time of issuance of the grant anticipation note.

E. Grant anticipation notes issued under this Section shall be payable not later than five years after the date of issue.

F. No grant anticipation note or notes shall be issued by a governmental entity pursuant to this Section in an amount which, when added to the amount of any other such type note or notes outstanding at the time and issued in anticipation of the same grant or loan, shall exceed ninety-five percent of the grant or loan funds committed and appropriated to the governmental entity by the granting or loaning authorities and payable within a thirty-six month period from the date of issuance of such note or notes then being issued.

Acts 2018, No. 569, §1, eff. July 1, 2018.
La. Rev. Stat. § 39:1753.1 — LA Code / Code revised-statutes / Title 39 / Section 1753.1
Procurement of telecommunications or video surveillance equipment or services by state agencies and certain educational entities
Status: in_force

A. Definitions. For the purposes of this Section, the words defined in this Subsection shall have the meanings set forth below:

(1) "Agency" means any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch of state government or any parish, city, town, governmental body, and any other subdivision of the state or public agency thereof, public authority, public educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the acquisition or leasing of supplies, services, major repairs, and construction.

(2) "Certain educational entities" means all public elementary, secondary, or postsecondary education schools, institutions, and governing authorities; nonpublic elementary, secondary, and postsecondary schools, institutions, and governing authorities that receive state funds; and proprietary schools that receive state funds.

(3) "Procure" and "procurement" shall have the same meaning as provided in R.S. 39:1556.

(4) "Prohibited telecommunications or video surveillance equipment or services" includes all of the following:

(a) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities, as described in Section 889(f)(3)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

(b) Video surveillance equipment or telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or any subsidiary or affiliate of such entities, as described in Section 889(f)(3)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

(c) Telecommunications or video surveillance equipment or services produced or provided by an entity found to be owned, controlled, or otherwise connected to the government of the People's Republic of China, as described in Section 889(f)(3)(D) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

(d) Any product or equipment, regardless of manufacturer, containing as a component any equipment identified by Subparagraphs (a) through (c) of this Paragraph. This may include but is not limited to the following:

(i) Computers or other equipment containing a component which enables any form of network connectivity or telecommunications regardless of whether the equipment is regularly connected to a network.

(ii) Building automation, environmental controls, access controls, or facility management and monitoring systems.

(e) Voting machines, peripherals, and election systems that are a product, or a component thereof, that is identified as being produced by those entities listed in Subparagraphs (a) through (c) of this Paragraph, shall be prohibited telecommunications or video surveillance equipment pursuant to this Section.

(f) Any services provided using any equipment identified by Subparagraphs (a) through (e) of this Paragraph.

B. Agencies and certain educational entities of the state, as defined in Subsection A of this Section, shall not procure prohibited telecommunications or video surveillance equipment or services as defined in Subsection A of this Section.

C. Prior to the procurement of telecommunications or video surveillance equipment or services, the vendor shall provide documentation by affidavit that the equipment or services to be procured are not prohibited telecommunications or video surveillance equipment or services as defined in Subsection A of this Section.

D. No procurement shall be made from a vendor or other entity who fails to provide the documentation required in Subsection C of this Section. Any procurement of prohibited telecommunications or video surveillance equipment or services as defined in Subsection A of this Section, or other procurement in violation of this Section, shall be void.

E. Any vendor or other entity who provides the documentation required in Subsection C of this Section found to supply telecommunications or video surveillance equipment or services as defined to the procuring agency, certain educational entity, or their service provider that were prohibited at the time of procurement shall, at its own expense, replace the prohibited telecommunications or video surveillance equipment or services with nonprohibited equipment or services of at least equal quality and performance. Compliance with this Section by a procuring agency and certain educational entities is subject to audit by the Louisiana Legislative Auditor.

Added by Acts 2020, 2nd Ex. Sess., No. 52, §2, eff. Jan. 1, 2021; Acts 2021, No. 288, §2; Acts 2022, No. 695, §2.
La. Rev. Stat. § 39:1769 — LA Code / Code revised-statutes / Title 39 / Section 1769
Lease status
Status: in_force

Any equipment-lease-purchase contract entered into pursuant to this Chapter, shall be treated as a lease for all legal purposes without regard to the rights and obligations of the lessee at lease termination or any interest payment factor, and without necessity of filing a chattel mortgage. The nonprofit lessor therein shall be deemed owner of the selected equipment during the term of the lease. In addition, the selected equipment shall be deemed to be movable property for all purposes and shall not become a component part of any immovable property notwithstanding any provisions of law to the contrary including but not limited to Civil Code Articles 465, 466, 467, 493, 493.1, or 495.

Acts 1985, No. 758, §2, eff. July 17, 1985.

{{NOTE: SEE ACTS 1985, NO. 758, §§3, 5 AND 6.}}
La. Rev. Stat. § 39:104 — LA Code / Code revised-statutes / Title 39 / Section 104
Capital outlay budget preparation
Status: in_force

A. The division of administration then shall prepare the capital outlay budget for the next five years.

B. The budget shall include a list of projects requested to be undertaken within the time period, projects recommended by the division of administration to be undertaken within the time period, the projected expenditures for each project, and the reasons for rejection of any requested project.

C. The projects shall be listed by requesting agency and shall indicate whether the funds will be used for acquisitions, planning, construction, or purchase of equipment.

Acts 1989, No. 836, §1, eff. July 1, 1989; Acts 1994, 3rd Ex. Sess., No. 133, §1, eff. July 1, 1994.
La. Rev. Stat. § 39:1953 — LA Code / Code revised-statutes / Title 39 / Section 1953
Division of minority and women's business enterprise; creation; appointment of executive director; duties
Status: in_force

A. There is hereby created the division of minority and women's business enterprise within Louisiana Economic Development. The governor shall appoint an executive director for the division. Each appointment by the governor shall be submitted to the Senate for confirmation, and every appointment confirmed by the Senate shall again be submitted by the governor to the Senate for confirmation every four years after the initial confirmation. The executive director may employ a staff as necessary to carry out the purposes of this Chapter.

B. The division shall do the following:

(1) Develop, plan, and implement programs to provide an opportunity for participation by qualified minority-owned businesses in public works and by qualified enterprises in the process by which goods and services are procured by state agencies and educational institutions from the private sector.

(2) Develop a comprehensive plan insuring that qualified minority-owned businesses are provided an opportunity to participate in public contracts for public works and that qualified enterprises are provided the opportunity to participate in procurement of goods and services.

(3) Identify barriers to equal participation by qualified enterprises in all state agency and educational institution contracts.

(4) Establish annual overall goals for participation by qualified enterprises for each state agency and educational institution.

(5) Develop and maintain a central enterprise certification list for all state agencies and educational institutions.

(6) Develop, implement, and operate a system of monitoring compliance with this Chapter.

(7) Adopt rules pursuant to the Administrative Procedure Act, R.S. 49:950 et seq., necessary for the implementation of this Chapter, including but not limited to rules governing:

(a) The establishment of agency goals.

(b) The development and maintenance of a central enterprise certification program.

(c) Procedures for monitoring and enforcing compliance with certification, goals, regulations, contract provisions, and this Chapter.

(8) Repealed by Acts 2010, No. 1034, §3.

(9) Certify enterprises for purposes of participation in procurement set-aside programs pursuant to the provisions of R.S. 39:1731 et seq., or any other such programs as provided by state or federal law.

(10) Give assistance to small businesses in accordance with the provisions of R.S. 39:1734.

Acts 1984, No. 653, §1, eff. July 1, 1984; Acts 1992, No. 797, §2, eff. July 1, 1992; Acts 2010, No. 1034, §3.
La. Rev. Stat. § 39:2005 — LA Code / Code revised-statutes / Title 39 / Section 2005
Competitive source selection
Status: in_force

Methods of source selection which may be utilized by an agency to satisfy a state goal for contracting with small entrepreneurships shall include but not be limited to:

(1) Any method provided for in an executive order governing small purchases.

(2) The purchase of goods, operating services, major repairs, personal services, professional services, consulting services, social services, and public works from a certified small entrepreneurship.

(3) Direct purchase from a certified small entrepreneurship who is a distributor on a state contract.

(4) The inclusion of the requirement that a bidder or offeror have a good faith subcontracting plan to utilize a certified small entrepreneurship as part of a competitive bid or a request for proposal, pursuant to guidelines established by the commissioner of administration.

(5) No more than ten percent of the total evaluation points in a request for proposal shall be awarded to an offeror demonstrating a good-faith effort to use small entrepreneurships as subcontractors.

(6) Ten percent of the total evaluation points in a request for proposal shall be awarded to an offeror who is a certified small business entrepreneurship.

Acts 2005, No. 440, §1, eff. July 11, 2005; Acts 2018, No. 585, §1, eff. May 28, 2018.
La. Rev. Stat. § 39:1602.2 — LA Code / Code revised-statutes / Title 39 / Section 1602.2
Prohibition on contracts with companies that discriminate against firearm and ammunition industries
Status: in_force

A. As used in this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) "Ammunition" shall mean a loaded cartridge or shotshell, case, primer, projectile, wadding, or propellant powder.

(2) "Company" shall mean a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company that exists to make a profit. "Company" shall not mean a sole proprietorship.

(3)(a) "Discriminate against a firearm entity or firearm trade association" shall mean the company:

(i) Refuses to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association. "Status" includes the lawful products and services provided by and lawful practices of firearm entities and firearm trade associations.

(ii) Refrains from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. "Status" includes the lawful products and services provided by and lawful practices of firearm entities and firearm trade associations.

(iii) Terminates an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. "Status" includes the lawful products and services provided by and lawful practices of firearm entities and firearm trade associations.

(b) A company does not "discriminate against a firearm entity or firearm trade association" if it refuses to engage in the trade of any goods or services, refrains from continuing an existing business relationship, or declines to enter into, modifies, or terminates an existing business relationship for any of the following reasons:

(i) To comply with federal, state, or local law, policy, or regulations or a directive by a regulator.

(ii) For any traditional or ordinary business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association. "Status" includes the lawful products and services provided by and lawful practices of firearm entities and firearm trade associations.

(c) Nothing in this Paragraph shall be construed to require a company that is a merchant, retail seller, or platform to sell or list for sale ammunition, firearms, or firearm accessories.

(4) "Firearm" shall mean a weapon that expels a projectile by the action of explosive or expanding gases.

(5) "Firearm accessory" shall mean:

(a) A device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance.

(b) An item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm, including a detachable firearm magazine.

(6) "Firearm entity" shall mean:

(a) A manufacturer, distributor, wholesaler, supplier, or retailer of firearms, firearm accessories, or ammunition.

(b) A business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting, at which not fewer than twenty different individuals discharge firearms each calendar year.

(7) "Firearm trade association" shall mean any person, corporation, unincorporated association, federation, business league, or business organization that meets all of the following criteria:

(a) Is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual.

(b) Has two or more firearm entities as members.

(c) Is exempt from federal income taxation pursuant to 26 U.S.C. 501(a) as an organization described by 26 U.S.C. 501(c)(6).

(8) "Governmental entity" shall mean:

(a) Any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch of state government.

(b) Any parish, city, town, governmental body, and any other subdivision of the state or public agency thereof, public authority, public educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the acquisition or leasing of supplies, services, major repairs, and construction, and any nonprofit corporation operating a charitable hospital.

B.(1) The provisions of this Section shall apply to any contract with a value of one hundred thousand dollars or more that meets all of the following criteria:

(a) It is to be paid primarily from public funds.

(b) It is between a public entity and a company with at least fifty full-time employees.

(c) It is renewed or entered into on or after August 1, 2024.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the provisions of this Section shall not apply if either of the following conditions are met:

(a) The contract is with a sole-source provider.

(b) The government entity does not receive any bids from companies that are able to provide the written verification required by this Section.

C. Except as provided in Subsection D of this Section, a governmental entity may not enter into a contract with a company for the purchase of goods or services unless the contract contains a written verification from the company of both of the following:

(1) The company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on the entity's or association's status as a firearm entity or firearm trade association.

(2) The company will not discriminate against a firearm entity or firearm trade association during the term of the contract based solely on the entity's or association's status as a firearm entity or firearm trade association.

D. A governmental entity may not enter into a joint or multi-party contract for the purchase of goods or services unless the contract contains a written verification as required pursuant to Subsection C of this Section from each company that is a party to the contract; however, such contract shall not be required to contain a verification from any company that will receive less than one hundred thousand dollars pursuant to the contract.

E. The attorney general shall have authority to enforce the requirements of this Section, and if legal action is taken in which the attorney general prevails, then the attorney general shall be entitled to recover all reasonable costs and reasonable attorney fees incurred.

Acts 2024, No. 581, §2.
La. Rev. Stat. § 39:1765 — LA Code / Code revised-statutes / Title 39 / Section 1765
Procurement of equipment; general law applicable
Status: in_force

A. No equipment may be leased under a lease-purchase contract under the terms of this Chapter unless such equipment, the estimated price, the estimated economic useful life, and the selected vendor thereof is identified by the applicable purchasing agency pursuant to state law regarding the procurement of equipment. After such equipment and the selected vendor thereof have been identified, the applicable purchasing agency electing to participate in a lease-purchase contract with a nonprofit lessor under the term of this Chapter shall notify such nonprofit lessor of the selected equipment, price, and selected vendor, whereupon such nonprofit lessor shall be responsible for the purchase of such equipment, but only with such funds as are currently available to such nonprofit lessor for such purpose, from such vendor and shall include such selected equipment under the schedule of leased equipment under the lease-purchase contract with the state, subject to the provisions of Section 1766 of this Chapter. In the event that the nonprofit lessor is itself subject to the state law regarding procurement of equipment, the purchase of selected equipment from selected vendors for the purposes of this Chapter need not be separately bid and the selection process completed by the applicable purchasing agency shall be imputed to the nonprofit lessor.

B. The purchase of the selected equipment by the nonprofit lessor shall be subject to only those state and local sales and use taxes which the lessee would have been subject to if the selected equipment had been purchased directly by the lessee. If the lessee is subject to sales and use taxes upon a direct purchase of the selected equipment by the lessee, the nonprofit lessor shall be so subject; however, in such cases the lessee shall not be subject to a sales and use tax on the lease payments to the nonprofit lessee.

C. Notwithstanding any provision of law to the contrary, the selected equipment shall not be subject to any lien or other encumbrance asserted by, and shall be exempt from seizure, under any writ, mandate, or process whatsoever by the creditors of the nonprofit lessor or by creditors of or those claiming against or through the lessee. The exemption from seizure provided in this Subsection shall not be construed to prohibit the nonprofit lessor from entering into contracts, indentures of trust, mortgages, or other security devices pursuant to which the nonprofit lessor expressly grants a security interest in and to the selected equipment nor is the exemption from seizure to be construed to invalidate or in any way restrict such contracts, indentures, mortgages, or other security agreements pursuant to which the nonprofit lessor has heretofore granted or may hereafter expressly grant a security interest in and to the selected equipment which may include the right to seize the selected equipment.

Acts 1985, No. 758, §2, eff. July 17, 1985; Acts 1986, No. 528, §2, eff. July 2, 1986.

{{NOTE: SEE ACTS 1985, NO. 758, §§3, 5 AND 6.}}

{{NOTE: SEE ACTS 1986, NO. 528, §3.}}
La. Rev. Stat. § 39:2202 — LA Code / Code revised-statutes / Title 39 / Section 2202
Definitions
Status: in_force

As used in this Chapter the following terms have the following meanings unless the context clearly indicates otherwise:

(1) "Agency" means the Coastal Protection and Restoration Authority.

(2) "Contract" or "public contract" means all types of state agreements, regardless of what they may be called, for services, major repairs, or for the making of any public work funded by monies received by the agency or a political subdivision from the Federal Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011, hereinafter referred to as "RESTORE", or as a result of any settlement related to the explosion on, and sinking of the mobile offshore drilling unit Deepwater Horizon, or the Comprehensive Master Plan for Coastal Protection. The term "contract" shall include awards and notices of award; contracts of a fixed-price, cost, cost plus a fixed-fee, or incentive type contracts; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. Supplemental agreements with respect to any of the foregoing contracts shall also be considered a "contract" for purposes of this Chapter.

(3) "Contractor" means any person who has a contract with the Coastal Protection and Restoration Authority or a political subdivision to perform a public work as defined in this Chapter.

(4) "Data" means recorded information, regardless of form or characteristic.

(5) "Director" means the executive director of the Coastal Protection and Restoration Authority.

(6) "Public work" means the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by the Coastal Protection and Restoration Authority or a political subdivision which project is funded entirely or partially by monies received through the Federal Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011, or as a result of any settlement related to the explosion on, and sinking of the mobile offshore drilling unit Deepwater Horizon, or the Comprehensive Master Plan for Coastal Protection.

Acts 2012, No. 414, §1; Acts 2016, No. 430, §5.
La. Rev. Stat. § 39:16.3 — LA Code / Code revised-statutes / Title 39 / Section 16.3
Duties of the commissioner relative to the functionality, content, accessibility, reporting of the website
Status: in_force

A.(1) All agencies, boards, commissions, departments, institutions of higher education, legislature, and judiciary are directed to furnish information, reports, aid, services, and assistance as may be requested by the commissioner of administration in the performance of the commissioner's responsibilities as set forth in this Subpart.

NOTE: Section heading and Paragraph (A) (1) as amended by Acts 2023, No. 446, eff. July 1, 2026, or the day after the commissioner of administration and the legislative auditor report to the legislature that the transition is complete, whichever is earlier.

§16.3. Duties of the commissioner relative to state transparency databases

A.(1) All agencies, boards, commissions, departments, and institutions of higher education are directed to furnish information, reports, aid, services, and assistance as may be requested by the commissioner of administration in the performance of the commissioner's responsibilities as set forth in this Subpart.

(2) The commissioner shall prom ulgate rules in accordance with the Administrative Procedure Act that are necessary for the implementation of this Subpart.

NOTE: Subparagraph (A)(3)(intro. para.) eff. until July 1, 2026, or the day after the commissioner of administration and the legislative auditor report to the legislature that the transition is complete, whichever is earlier. See Acts 2023, No. 446.

(3) All state agencies, higher education agencies, the judicial branch, and the legislative branch which are not maintained on the LaGov statewide enterprise resource planning system shall either:

NOTE: Subparagraph (A)(3)(intro. para.) as amended by Acts 2023, No. 446, eff. July 1, 2026, or the day after the commissioner of administration and the legislative auditor report to the legislature that the transition is complete, whichever is earlier.

(3) All state agencies and higher education agencies which are not maintained on the LaGov statewide enterprise resource planning system shall either:

(a) Elect to join the LaGov statewide enterprise resource planning system.

(b) Report the information required in this Subpart to the office of technology services in the division of administration in the same format and manner as provided in this Subpart.

(4) All reporting shall be submitted electronically and in the same manner as prescribed for all agencies in the LaGov statewide enterprise resource planning system.

NOTE: Paragraph (A)(5) eff. until July 1, 2026, or the day after the commissioner of administration and the legislative auditor report to the legislature that the transition is complete, whichever is earlier. See Acts 2023, No. 446.

(5) Except as otherwise provided in this Subpart, information on the website shall be updated at least monthly.

NOTE: Paragraph (A) (5) as amended by Acts 2023, No. 446, eff. July 1, 2026, or the day after the commissioner of administration and the legislative auditor report to the legislature that the transition is complete, whichever is earlier.

(5) Except as otherwise provided in this Subpart, information in the databases shall be updated at least monthly.

NOTE: Subsection B eff. until July 1, 2026, or the day after the commissioner of administration and the legislative auditor report to the legislature that the transition is complete, whichever is earlier. See Acts 2023, No. 446.

B. The Louisiana Checkbook shall present information on its website in a manner that is intuitive to members of the general public and provide for the following functionality:

(1) Access all related databases and features of the website at no cost to the public or without the requirement of user registration.

(2) Search and aggregate data by all possible query combinations.

(3) Download and print reports, graphs, charts, tables, or information yielded by a search of the database.

(4) Provide for appropriate graphical presentation and manipulation.

(5) Access all related databases and features of the website with optimization for desktop and mobile platforms.

(6) Allow for the ability to share information on social media.

NOTE: Subsection B as repealed by Acts 2023, No. 446, eff. July 1, 2026, or the day after the commissioner of administration and the legislative auditor report to the legislature that the transition is complete, whichever is earlier.

B. Repealed by Acts 2023, No. 446, §4, see Act.

C. The database shall not include the following content:

(1) The addresses or telephone numbers of payees.

(2) Tax payment or refund data that include confidential taxpayer information, such as the social security number or federal tax identification number of any individual or business.

(3) Payments of state assistance to individual recipients.

(4) Protected health information as the term is defined under the federal Health Insurance Portability and Accountability Act of 1996.

(5) Information subject to attorney-client privilege.

(6) Secure information that would reveal undercover or intelligence operations by law enforcement.

(7) Any information that is confidential under state or federal law, rule, or regulation.

NOTE: Subsection D eff. until July 1, 2026, or the day after the commissioner of administration and the legislative auditor report to the legislature that the transition is complete, whichever is earlier. See Acts 2023, No. 446.

D. The commissioner shall ensure that the website contains the following information relative to all databases as possible and applicable:

(1) All relevant data points that are collected in each state agency information system shall be submitted.

(2) All data points that are capable to be collected in each state agency information system shall be submitted.

NOTE: Subsection D as amended by Acts 2023, No. 446, eff. July 1, 2026, or the day after the commissioner of administration and the legislative auditor report to the legislature that the transition is complete, whichever is earlier.

D. The commissioner shall ensure that the databases contain all data points that are relevant to the purposes of this Subpart and that are collected in each state agency information system.

Acts 2018, 2 nd Ex. Sess., No. 1, §1, eff. July 1, 2018; Acts 2023, No. 446, §§ 3,4, see Act.
La. Rev. Stat. § 39:1952 — LA Code / Code revised-statutes / Title 39 / Section 1952
Definitions
Status: in_force

Unless the context requires otherwise, the following words shall have the following meanings:

(1) "Certification" means verification that a business qualifies for designation as a minority business enterprise or a women's business enterprise.

(2) "Class of contract basis" means an entire group of contracts having a common characteristic.

(3) "Commercially useful function" means being responsible for execution of a contract or a distinct element of the work under a contract by actually performing, managing, and supervising the work involved.

(4) "Contract" means all types of state agreements, regardless of what they may be called, for the purchase of goods or services, for construction of major repairs, or for public works. "Contract" includes the following:

(a) Awards and notices of award.

(b) Contracts of a fixed price, cost, cost-plus-a-fixed-fee, or incentive types.

(c) Contracts providing for the issuance of job or task orders.

(d) Leases.

(e) Letter contracts.

(f) Purchase orders.

(g) Any supplemental agreements with respect to (a) through (f) of this Paragraph.

(5) "Contract-by-contract basis" means a single contract within a specific class of contracts.

(6) "Contracting bases" means the dollar amount of contracts for public works and procurement of goods and services awarded by a state agency or educational institution during a fiscal year.

(7) "Contractor" means a party who enters into a contract with a state agency or educational institution or a subcontractor or sublessee of such a party.

(8) "Division" means the division of minority and women's business enterprise.

(9) "Educational institution" means a state university, vocational institution, or any other state-supported educational institution.

(10) "Enterprise" means a minority business enterprise or a women's business enterprise.

(11) "Executive director" means the executive director of the division of minority and women's business enterprise.

(12) "Goods or services" means all purchases for supplies or services made under Chapters 16 and 17 of Title 39 of the Louisiana Revised Statutes of 1950, all purchases of materials and supplies made under Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, including the selection of professional services under Part VII of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, and all purchases made for supplies, services, or materials, including selection of professional services, made under any other state law.

(13) "Joint venture" means an association of two or more persons or businesses to carry out a single business enterprise for profit, for which purpose they combine their property, capital, efforts, skills, and knowledge and in which they exercise control and share in profits and losses in proportion to their contributions to the enterprise.

(14) "Minority" means a person who is a citizen or permanent resident of the United States residing in Louisiana and who is any of the following:

(a) Black: having origins in any of the black racial groups of Africa.

(b) Hispanic: of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race.

(c) Asian American: having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.

(d) American Indian or Alaskan Native: having origins in any of the original peoples of North America.

(e) Person with a disability: a person who has a permanent physical impairment which includes any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, speech organs, skin, and endocrine, which substantially limits at least one major life activity of an individual, as defined in R.S. 28:477(3)(a), as verified by two physicians or as certified by the United States Department of Veterans Affairs as meeting the qualifications and approved by the division. The division may require an additional medical opinion regarding a medical examination by a physician chosen by the division, at the applicant's expense, prior to approval of an application. For the purpose of this Subparagraph, "disability" shall not mean mental impairment, temporary impairment, alcohol or drug addiction, sexual or behavioral disorders, or substantially limiting illnesses including human immunodeficiency virus.

(15) "Minority business enterprise" or "minority-owned business" means a small business organized for profit performing a commercially useful function which is at least fifty-one percent owned by one or more minority individuals who also control and operate the business. "Control" in this context means exercising the power to make policy decisions. "Operate" in this context means being actively involved in the day-to-day management of the business.

(16) "Procurement" means the purchase, lease, or rental of any goods or services.

(17) "Public works" means all work including construction, highway and ferry construction, alteration, repair, or improvement other than ordinary maintenance as provided in Chapter 10 of Title 38 or Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950 or as provided in any other law.

(18) "Small business" means a small business as defined by the Small Business Administration of the United States Government which for purposes of size eligibility or other factors meets the applicable criteria set forth in Part 121 of Title 13 of the Code of Federal Regulations, as amended, and which has its principal place of business in Louisiana.

(19) "State agency" means an agency, department, office, division, board, commission, or correctional or other type of institution, exclusive of an educational institution of the state. State agency does not include the judicial or legislative branch of government except to the extent that procurement or public works for one of these branches is performed by a state agency. State agency shall include the Louisiana Public Facilities Authority.

(20) "Women's business enterprise" means a small business organized for profit performing a commercially useful function which is at least fifty-one percent owned by one or more women who are citizens of the United States residing in Louisiana and who also control and operate the business. "Control" in this context means exercising the power to make policy decisions. "Operate" in this context means being actively involved in the day-to-day management of the business. In determining whether a business is fifty-one percent owned by one or more women, the percent ownership by a woman shall not be diminished because she is part of a community property regime.

Acts 1984, No. 653, §1, eff. July 1, 1984; Acts 1992, No. 797, §2, eff. July 1, 1992; Acts 1995, No. 803, §1; Acts 1995, No. 1020, §1; Acts 1998, 1st Ex. Sess., No. 158, §2, eff. May 7, 1998; Acts 2014, No. 811, §21, eff. June 23, 2014; Acts 2017, No. 381, §3, eff. June 23, 2017.
La. Rev. Stat. § 39:1705 — LA Code / Code revised-statutes / Title 39 / Section 1705
Joint use of facilities
Status: in_force

Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement activity under the terms agreed upon between the parties.

Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:1768 — LA Code / Code revised-statutes / Title 39 / Section 1768
Purchase option
Status: in_force

All equipment lease purchase contracts shall provide that the lessee shall have the right to purchase any piece of selected equipment at the termination of payments for such piece of equipment as set forth in the lease-purchase contract for a sum not to exceed one dollar.

Acts 1985, No. 758, §2, eff. July 17, 1985.

{{NOTE: SEE ACTS 1985, NO. 758, §§3, 5 AND 6.}}
La. Rev. Stat. § 39:1800.2 — LA Code / Code revised-statutes / Title 39 / Section 1800.2
Legislative findings and determinations
Status: in_force

A. The legislature hereby finds that adequate and modern prison facilities are essential to the safety and welfare of the people of this state, and that contracting for portions of governmental services is a viable alternative considering the fiscal problems facing the state, in addition to the interest on the part of many citizens in reducing the overall size of government.

B. It is hereby determined that efficient and cost-effective facilities need to be made available and that a feasible and economical way to operate these facilities is by authorizing cooperative endeavors with private prison contractors under the authority of this Chapter.

Acts 1989, No. 360, §1, eff. June 28, 1989.
La. Rev. Stat. § 39:1651.1 — LA Code / Code revised-statutes / Title 39 / Section 1651.1
Shrimp specifications
Status: in_force

Notwithstanding any other provision of law to the contrary, regulations promulgated by the commissioner of administration or other purchasing entity, governing the purchase or use of shrimp shall require that the bid specify the count size of such shrimp and not specify size as "jumbo", "extra large", "medium", "small" or any other similar term or nomenclature used in the shrimping industry.

Acts 2001, No. 706, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:551.9 — LA Code / Code revised-statutes / Title 39 / Section 551.9
Lake Borgne Basin Levee District general obligation bonds
Status: in_force

Notwithstanding any other rights had and possessed by the Lake Borgne Basin Levee District, said district may, as an additional grant of authority, incur debt and issue negotiable general obligation bonds to finance flood protection and drainage projects wholly within its territorial jurisdiction, with the approval of the State Bond Commission and a majority of those voting in an election called and held for that purpose in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. Said general obligation bonds shall be issued in the form and manner and subject to the limitations, restrictions, and provisions contained in Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and shall be sold in the manner and subject to the provisions of Chapter 13, Title 39 of the Louisiana Revised Statutes of 1950, as amended. Said district is hereby declared to be a political subdivision as that term is defined in Article VI, Section 44(2) of the Constitution of Louisiana.

Acts 1987, No. 677, §1, eff. July 9, 1987.
La. Rev. Stat. § 39:21.1 — LA Code / Code revised-statutes / Title 39 / Section 21.1
Consensus estimating conferences; general provisions
Status: in_force

A. The consensus estimating conference is hereby created. Each conference shall develop such official information within its responsibility area as the principals of the conference determine is needed for purposes of the state planning and budgeting system. Such official information shall be based on the assumption that current laws and current administrative practices will remain in effect throughout the period for which the information will be used. The official information developed by each consensus estimating conference shall include forecasts for a period of at least five years unless the principals of the conference unanimously agree otherwise.

B. The official information developed by the Economic Estimating Conference and by the Demographic Estimating Conference shall be used by the other estimating conferences in developing their official information.

C.(1) The membership of each estimating conference shall consist of principals and participants.

(2) A person designated by law as a principal may preside over conference sessions, convene conference sessions, request information, specify topics to be included on the conference agenda, agree or withhold agreement on whether information is to be the official information of the conference, interpret official information of the conference, and monitor errors in official information of the conference.

(3) A participant is a person who is invited to participate in the consensus estimating conference by the principals of a conference. A participant shall, at the request of any principal before or during any session of the conference, develop alternative forecasts, collect and supply data, perform analyses, or provide other information needed by the conference. The conference shall consider information provided by participants in developing its official information.

D. All sessions of the consensus estimating conference shall be open to the public as provided in R.S. 42:11 et seq.

Acts 1990, No. 966, §2, eff. July 1, 1990.
La. Rev. Stat. § 39:1105 — LA Code / Code revised-statutes / Title 39 / Section 1105
Resolution and notice of intention
Status: in_force

No bonds shall be issued hereunder until the notice hereafter provided has been given. The notice shall be ordered by resolution, which shall state the purpose for which the bonds are to be issued, the amount of the bond issue proposed and the rate of interest. The notice shall embrace, substantially, all matters required to be set forth in the resolution ordering the giving of the notice, and it shall set forth further that the authority ordering the giving of the notice will, in open session, at the hour and place named, proceed to issue the bonds. The notice shall be published in a newspaper published in the political subdivision, or if there is no newspaper published therein, in a newspaper published in the parish; or if there is no newspaper published in the parish, then by publication in a newspaper published in an adjoining parish and by posting in three public places in the political subdivision ordering the giving of the notice. The three publications in a newspaper once a week shall constitute a publication of fifteen days, provided fifteen days intervene between the date of the first publication and the date of the issuance of the bonds.
La. Rev. Stat. § 39:88.2 — LA Code / Code revised-statutes / Title 39 / Section 88.2
Collection policy and procedure
Status: in_force

A. The commissioner of administration shall prescribe and cause to be implemented a comprehensive collection policy and procedure to be used in all state agencies.

B. The commissioner shall direct the Cash Management Review Board as defined in R.S. 39:371 et seq. to prepare a collection policy and procedure manual establishing the state's accounts receivable collection policies and procedures.

C. The policy and procedures manual shall include rules and regulations to assist state agencies in the identification and collection of delinquent accounts. Such rules and regulations shall enhance each agency's ability to manage the collection process, collection follow-up procedures, and uncollectible accounts. The policy and procedure manual shall also provide a uniform method for reporting accounts receivable balances.

D. The collection policy and procedure manual shall be promulgated in accordance with the Administrative Procedure Act.

Acts 2001, No. 904, §1, eff. June 26, 2001.
La. Rev. Stat. § 39:527 — LA Code / Code revised-statutes / Title 39 / Section 527
Revenue anticipation notes
Status: in_force

Any governmental entity, in order to pay its current expenses for any fiscal year, may issue revenue anticipation notes for the purpose of anticipating the revenues for such fiscal year. Such revenue anticipation notes shall mature not later than three months after the end of the fiscal year of the governmental entity. The amount so borrowed by any governmental entity shall not exceed the estimated income of the governmental entity as shown by the budget adopted prior to such borrowing, and the income collected as shown by the adopted budget shall be dedicated and set aside to the payment of the revenue anticipation notes as they mature.

Acts 2018, No. 569, §1, eff. July 1, 2018.
La. Rev. Stat. § 39:2153 — LA Code / Code revised-statutes / Title 39 / Section 2153
Definitions
Status: in_force

As used in this Chapter, the following terms shall have the following meanings:

(1) "Claim" includes any request or demand, including any and all documents or information required by federal or state law or by rule, made against hurricane relief program funds for payment. Each claim may be treated as a separate claim or several claims may be combined to form one claim.

(2) "False or fraudulent claim" means a claim which a person submits knowing the claim to be false, fictitious, untrue, or misleading in regard to any material information. "False or fraudulent claim" shall include a claim which is part of a pattern of incorrect submissions in regard to material information or which is otherwise part of a pattern in violation of applicable federal or state law or rule.

(3) "Hurricane relief programs" means any state or federal program or fund created for the purpose of assisting persons who incurred personal, business, or property damage or other losses due to Hurricane Katrina or Hurricane Rita.

(4) "Knowing" or "knowingly" means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information.

(5) "Misrepresentation" means the knowing failure to truthfully or fully disclose any and all information required, or the concealment of any and all information required on a claim or a provider agreement or the making of a false or misleading statement to any local, state, or federal agency for the purpose of obtaining funds, property, use of property, or other compensation from hurricane relief programs.

(6) "Property" means any and all property, movable and immovable, corporeal and incorporeal.

(7) "Recovery" means the recovery of overpayments, damages, fines, penalties, costs, expenses, restitution, attorney fees, interest, or settlement amounts.

Acts 2006, No. 479, §1, eff. June 22, 2006.