reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1764. Equipment-lease-purchase contracts with nonprofit lessors authorized; term

RS 39:1764 - Equipment-lease-purchase contracts with nonprofit lessors authorized; term
The state through the Division of Administration may enter into equipment-lease-purchase contracts directly with nonprofit lessors, as provided in this Chapter, for a term not to exceed ten years or the reasonably expected economic life of the equipment, whichever is less, as determined by the applicable purchasing agency, notwithstanding any provisions of R.S. 9:2347(J), R.S. 39:197, R.S. 39:198, R.S. 39:1615, R.S. 39:1753 or any other law to the contrary.
Acts 1985, No. 758, §2, eff. July 17, 1985.
{{NOTE: SEE ACTS 1985, NO. 758, §§3, 5 AND 6.}}
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1766. Selection of nonprofit lessor; award of lease

RS 39:1766 - Selection of nonprofit lessor; award of lease
A lease-purchase contract with a nonprofit lessor for one or more pieces of selected equipment may be executed between the state and a nonprofit lessor by competitive negotiation, provided that a notice stating the estimated principal amount of any proposed lease, the equipment to be leased, the interest rate factor to be computed in the lease payments, and the date, time, and place of the execution of the proposed lease shall be published in the official state journal at least twice within a fifteen-day period before such execution date with the last publication at least seven days prior to the proposed execution date. Any nonprofit lessor may submit a proposal as lessor under the lease. The nonprofit lessor submitting the proposal most advantageous to the state shall be selected as lessor under the lease-purchase contract. However, if it is determined that there is not a proposal which is advantageous to the state, the Division of Administration may reject all proposals. Publication of the notice shall be the responsibility of the proposed nonprofit lessor.
Acts 1985, No. 758, §2, eff. July 17, 1985.
{{NOTE: SEE ACTS 1985, NO. 758, §§3, 5 AND 6.}}
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1767. Appropriation dependency

RS 39:1767 - Appropriation dependency
All lease-purchase contracts entered into pursuant to this Chapter shall contain an annual appropriation dependency requirement to the effect that renewal and continuation of such contract is contingent upon the appropriation of funds to fulfill the requirements of the contract and if the legislature, after a diligent and good faith effort, fails to appropriate sufficient monies to provide for the continuation of a contract, or if such appropriation can not be effected, the contract shall terminate in accordance with the terms of the lease on the last day of the last fiscal year for which funds were appropriated, provided the equipment is returned to the nonprofit lessor or his agent, as provided in the equipment-lease-purchase contract and such contract shall not be a long-term debt of the state or the applicable purchasing agency. In addition, in such equipment-lease-purchase contracts, the nonprofit lessor shall covenant and agree to indemnify and hold the lessee harmless against any loss, damage, liability, cost, penalty, or expense, including attorney fees, which is not otherwise agreed to by the lessee in the equipment-lease-purchase contract and which is incurred and arises upon a failure of the legislature to appropriate funds in the manner described above for a continuation of the contract or the exercise of the option to purchase the selected equipment.
Acts 1985, No. 758, §2, eff. July 17, 1985; Acts 2010, No. 868, §2, eff. July 1, 2010; Acts 2011, No. 343, §3.
{NOTE: SEE ACTS 1985, NO. 758, §§3, 5 AND 6.}
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1768. Purchase option

RS 39:1768 - Purchase option
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.}}
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1769. Lease status

RS 39:1769 - Lease status
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.}}
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1770. Equipment warranty; pursuit of actions

RS 39:1770 - Equipment warranty; pursuit of actions
All equipment-lease-purchase contracts shall provide that whatever interests, claims, and rights including warranties of the selected equipment which the nonprofit lessor may have against the selected vendor of the selected equipment which is the subject of an equipment-lease-purchase contract shall be assigned to the lessee, and the lessee or the applicable purchasing agency shall have full right to pursue any and all remedies available to the nonprofit lessor for breach of any warranty against the selected vendor. In addition, all equipment-lease-purchase contracts shall provide that the nonprofit lessor shall be obligated to join the lessee or applicable purchasing agency as a party plaintiff in any cause if required under state law for a successful pursuit of such action. Upon termination of the lease-purchase contract, unless the option to purchase is exercised, all such interests, claims, and rights assigned to the lessee under this Section shall revert to the lessor. In addition, any lease-purchase contract shall provide that the lessee has no right to alienate or encumber the selected equipment during the term of the lease.
Acts 1985, No. 758, §2, eff. July 17, 1985.
{{NOTE: SEE ACTS 1985, NO. 758, §§3, 5 AND 6.}}
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1771. Approval by the legislature, State Bond Commission; rules and regulations by the Division of Administration

RS 39:1771 - Approval by the legislature, State Bond Commission; rules and regulations by the Division of Administration
A. No equipment-lease-purchase contract may be effected under the provisions of this Chapter unless the prior written approval of the form of the lease is obtained from the State Bond Commission and the commissioner of administration. Equipment to be included as the subject of an equipment-lease-purchase contract hereunder shall be approved by the Division of Administration and included in the executive budget as provided in Part II of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950 and shall be approved by the legislature in the General Appropriation Act. Substitutions and deletions of equipment to be leased shall be authorized upon recommendation by the Division of Administration, provided that such substitution or deletion shall have the prior written approval of the Joint Legislative Committee on the Budget.
B. The Division of Administration shall promulgate rules and regulations necessary to the proper and efficient implementation of the provisions of this Chapter.
Acts 1985, No. 758, §2, eff. July 17, 1985.
{{NOTE: SEE ACTS 1985, NO. 758, §§3, 5 AND 6.}}
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1780. Definitions

RS 39:1780 - Definitions
As used in this Chapter, the following words and terms shall have the following meanings, unless the context clearly indicates or requires another or different meaning or intent:
(1) "Act" means this Correctional Facilities Corporation Act.
(2) "Annual appropriation dependency clause" shall mean a clause which shall be included in any lease-purchase financing document or custody agreement which provides that after a diligent and good faith effort by the state to appropriate funds for the payment of sums due under a lease-purchase financing agreement or custody agreement, such funds are not appropriated, such lease-purchase agreement or custody agreement shall terminate and the state shall not be liable for the payment of further sums due on such agreements past the then current budget year.
(3) "Bonds" means bonds, notes, or any other evidences of indebtedness issued by the corporation.
(4) "Certificates" means certificates of participation executed and delivered by a trustee evidencing ownership interests in any lease entered into by the state, as lessee, and the corporation, as lessor.
(5) "Corporation" means the nonprofit corporation authorized to be formed by this Chapter, or any corporation succeeding to the principal functions thereof or to which the powers conferred upon the corporation by this Chapter shall be given by law.
(6) "Correctional facilities" mean prisons, penitentiaries, jails, reformatories, community rehabilitation centers, drug addiction and treatment centers, diagnostic and treatment centers, penal farms, prison camps, juvenile detention homes, reception centers, diagnostic and training institutions and schools, work-release facilities, correctional centers, and detention centers.
(7) "Division of Administration" means the Division of Administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes.
(8) "Lease-purchase financing" is the financing and acquisition of property by a person pursuant to an arrangement under which such person acquires title to property and enters into a lease-purchase agreement with the state providing for the leasing of the property by such person to the state and the acquisition by the state at the end of the lease period of title to the property. For the purposes of this Chapter, the term lease-purchase financing shall also mean any service agreement between a person and the state providing for the acquisition, lease, custody of prisoners, or other form of operation of newly constructed correctional facilities as may be provided in such agreement, provided that all policy and criteria matters for management shall be determined by the state.
(9) "Project" means the financing of a correctional facility by the state, to be financed with funds provided in whole or in part pursuant to this Chapter.
(10) "State" means the state of Louisiana or any agency or instrumentality thereof.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1781. Construction of Chapter; supplemental and additional nature

RS 39:1781 - Construction of Chapter; supplemental and additional nature
This Chapter shall be deemed to provide a complete, additional, and alternative method for doing the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1782. Construction of Chapter; controlling law

RS 39:1782 - Construction of Chapter; controlling law
To the extent that the provisions of this Chapter are inconsistent with any other provisions of any general statute or special act or parts thereof, the provisions of this Chapter shall be deemed controlling.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1783. Formation of corporation

RS 39:1783 - Formation of corporation
There is hereby authorized the formation and incorporation of a nonprofit corporation, the purpose of which shall be the financing and acquisition of correctional facilities for lease to the state of Louisiana.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1784. Membership of board of directors; vacancies; compensation; expenses

RS 39:1784 - Membership of board of directors; vacancies; compensation; expenses
A. The governor shall appoint five persons to serve as the directors and members of this corporation.
B. Members of the board of directors shall serve without compensation, but the corporation may reimburse such members for necessary expenses incurred in the discharge of their duties.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1785. Applicable laws to corporation

RS 39:1785 - Applicable laws to corporation
A. The corporation shall be subject to the Public Records Law, Public Meeting Law, Code of Ethics, and the Bond Validation Procedures Law.
B. Further, any procurement made by said corporation must be made in accordance with the applicable procurement law relative to the item or items being procured, and the state shall follow all applicable procurement laws when using the corporation as a financing vehicle.
C. Further, any capital construction performed by or on behalf of the corporation, and/or to be used by the state, shall be advertised, bid, and contracted for in accordance with the provisions of R.S. 38:2211 et seq., and the state shall follow all provisions of R.S. 38:2211 et seq., when using the corporation as a financing vehicle for any capital construction.
D. Further, prior to award the corporation or its agent charged with the administration of such contracts shall require that every prime contractor provide evidence to the corporation or its agent of ten percent participation by minority-owned businesses, contracted for in accordance with the provisions of R.S. 38:2211 et seq., provided no contract shall be awarded to a minority-owned business that would cause the contract price to be in excess of the contract price if awarded to a nonminority-owned business, on a competitive bid basis, for the total dollar amount of all procurement of goods and services or for construction awarded by that corporation or its agent. For purposes of this Subsection, minority-owned businesses shall be certified in accordance with the provisions of Part II of Chapter 19 of Title 39 of the Louisiana Revised Statutes of 1950.
E. In any action for damages for an offense or quasi offense against the corporation, its officers, or employees, the corporation, its officers, or employees are entitled to assert any defense or limitation available to the state or an agency thereof, including but not limited to the provisions of Part XV of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 1950.
F. In any claim or lawsuit against the corporation or its officers or employees for damages arising out of personal injury or death of an official or employee of the state, its agencies, boards or commissions, the exclusive, compulsory and obligatory relief shall be limited to the remedies and relief afforded under Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950, including but not limited to R.S. 23:1034.
Acts 1985, No. 893, §1, eff. July 23, 1985; Acts 1987, No. 714, §1, eff. July 9, 1987; Acts 2001, No. 1059, §1, eff. June 28, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1787. Bonds

RS 39:1787 - Bonds
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 the corporation, each of its bonds shall be payable from any revenues or moneys 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 moneys. 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. 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 thirty 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, either coupon or registered, 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.
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 to be authorized, as to pledging 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 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1788. Bonds; security; trust agreement; indenture

RS 39:1788 - Bonds; security; trust agreement; indenture
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 correctional 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 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1789. Bonds and certificates; payment; no liability of state or political subdivision

RS 39:1789 - Bonds and certificates; payment; no liability of state or political subdivision
Neither bonds nor certificates shall be deemed to constitute a debt or liability of the state of Louisiana or of any political subdivision thereof or a pledge of the faith and credit of the state of Louisiana or of any such political subdivision.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1790. Refunding bonds

RS 39:1790 - Refunding bonds
The corporation may provide for the issuance of its bonds for the purpose of refunding any bonds or any series of bonds then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption and purchase or maturity of such bonds. All such refunding bonds shall be subject to the provisions of this Chapter in the same manner and to the same extent as other bonds issued pursuant to this Chapter.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1791. Bonds and certificates as legal investments

RS 39:1791 - Bonds and certificates as legal investments
Bonds and certificates are hereby made securities in which all banks, bankers, savings banks, trust companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees, and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state of Louisiana may properly and legally invest any funds, including capital belonging to them or within their control, and such bonds and certificates are hereby made securities which may properly and legally be deposited with and received by any state or municipal officers or agency of the state of Louisiana for any purpose for which the deposit of bonds or other obligations of the state of Louisiana is now or may hereafter be authorized by law.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1792. Bonds and certificates; freedom from taxation

RS 39:1792 - Bonds and certificates; freedom from taxation
Any bonds and certificates, their transfer, and the income therefrom shall at all times be free from taxation of every kind by the state of Louisiana and by all political subdivisions in the state of Louisiana.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1793. Bonds; maximum amount outstanding

RS 39:1793 - Bonds; maximum amount outstanding
The total amount of bonds which may be outstanding at any one time under this Chapter shall not exceed three hundred million dollars. Bonds for which money or securities in amounts necessary to pay or redeem the principal, interest, and any redemption premium thereon have been deposited in trust shall not be deemed outstanding for purposes of this Section.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1794. Excess earnings

RS 39:1794 - Excess earnings
Any net earnings of the corporation beyond that necessary for retirement of any bonds issued by the corporation or to implement the purposes of this Chapter shall inure to the benefit only of the state of Louisiana.
Acts 1985, No. 893, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1795. Dissolution of corporation; title to property to vest in successor

RS 39:1795 - Dissolution of corporation; title to property to vest in successor
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.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1796. Lease-purchase contracts for state buildings

RS 39:1796 - Lease-purchase contracts for state buildings
A. The state of Louisiana, through the division of administration, is hereby authorized to enter into lease-purchase contracts for the acquisition of public facilities with the Louisiana Office Building Corporation, a quasi-public, nonprofit corporation created pursuant to R.S. 44:8. Provided however, before any contract can be entered into pursuant to this Chapter, the Joint Legislative Committee on the Budget shall approve such contract.
B. "Lease-purchase contract", for the purposes of this Chapter, means any contract by which the state leases property for a fixed term, at the end of which term the state acquires title to the property without any obligation on the part of the state to pay any additional sum of money or other consideration in order to acquire title.
C. No lease-purchase contract entered into pursuant to the provisions of this Chapter shall be for a term of more than twenty years. All lease-purchase contracts entered into pursuant to the provisions herein shall contain an annual appropriation dependency clause which shall provide that if such funds are not appropriated, such lease-purchase contract shall terminate on the last day of the fiscal year for which funds were appropriated and the state shall not be liable for the payment of further sums due on such contract.
Acts 1988, No. 844, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1797. Sale, sale-back, lease or sublease transactions by the state

RS 39:1797 - Sale, sale-back, lease or sublease transactions by the state
A. The state of Louisiana, through the division of administration, is hereby authorized to finance the construction, improvement, or expansion of public facilities by entering into a sale, sale-back, sale lease-back, lease or sublease transaction, or any combination of the foregoing, with the Louisiana Office Building Corporation, a quasi-public, nonprofit corporation, created pursuant to R.S. 44:8.
B. All contracts entered into pursuant to the provisions of this Section shall contain an annual appropriation dependency clause which shall provide that if such funds are not appropriated, such contract shall terminate on the last day of the fiscal year for which funds were appropriated and the state shall not be liable for the payment of further sums due on such contract. The use, control, and management of the public facilities shall at all times remain with the state, unless otherwise agreed to by the state, and the title to any such facilities, if transferred, shall revert to the state no later than the date upon which the terms of any financing agreement relative to the facilities are satisfied.
Acts 1988, No. 844, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1797.1. Limitations of actions against the corporation

RS 39:1797.1 - Limitations of actions against the corporation
A. In any action for damages for an offense or quasi offense against the corporation, its officers, or employees, the corporation, its officers, or employees are entitled to assert any defense or limitation available to the state or an agency thereof, including but not limited to the provisions of Part XV of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 1950.
B. In any claim or lawsuit against the corporation or its officers or employees for damages arising out of personal injury or death of an official or employee of the state, its agencies, boards or commissions, the exclusive, compulsory and obligatory relief shall be limited to the remedies and relief afforded under Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950, including but not limited to R.S. 23:1034.
Acts 2001, No. 1058, §1, eff. June 28, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798. Definitions

RS 39:1798 - Definitions
As used in this Chapter, the following words and terms shall have the following meanings, unless the context clearly indicates or requires another or different meaning or intent:
(1) "Act" means this Office Facilities Corporation Act.
(2) "Bonds" means bonds, notes, or any other evidence of indebtedness issued by the corporation.
(3) "Certificates" means certificates of participation executed and delivered by a trustee evidencing ownership interests in any lease entered into by the state, as lessee, and the corporation, as lessor.
(4) "Corporation" means the nonprofit corporation authorized to be formed by this Chapter, or any corporation succeeding to the principal functions thereof or to which the powers conferred upon the corporation by this Chapter shall be given by law. It is further declared that any such corporation shall not constitute a state agency, board, or commission.
(5) "Public facilities" means buildings, parking garages, and related facilities used or to be used to house personnel, equipment, and/or services of the various agencies of the state government.
(6) "Division of administration" means the division of administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950.
(7) "Lease-purchase financing" is the financing and acquisition of property by a corporation pursuant to an arrangement under which such corporation acquires title to property and enters into a lease-purchase agreement with the state providing for the leasing of the property by such corporation to the state and acquisition by the state at the end of the lease period of title to the property.
(8) "Project" means the acquisition, purchase, construction, renovation, improvement, or expansion of a public facility by the corporation, to be financed with funds provided in whole or in part pursuant to this Chapter.
(9) "Annual appropriation dependency clause" shall mean a clause which shall be included in any lease-purchase financing document which provides that if, after a diligent and good faith effort by the state to appropriate funds for the payment of sums due under a lease-purchase financing agreement, such funds are not appropriated, such lease-purchase agreement shall terminate in accordance with the terms of the lease-purchasing financing agreement and the state shall not be liable for the payment of further sums due on such agreements past the then current fiscal year; provided possession of the project is returned to the corporation. Such lease-purchase financing document shall further provide that in the event of an inability to appropriate sufficient funds such inability shall not constitute a default under such agreement.
(10) "State" means the state of Louisiana or any agency or instrumentality thereof.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.1. Construction of Chapter; supplemental and additional nature

RS 39:1798.1 - Construction of Chapter; supplemental and additional nature
This Chapter shall be deemed to provide a complete, additional, and alternative method for doing the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.2. Construction of Chapter; controlling law

RS 39:1798.2 - Construction of Chapter; controlling law
To the extent that the provisions of this Chapter are inconsistent with the provisions of R.S. 12:202.1 or any other provisions of any general statute or special Act or parts thereof, the provisions of this Chapter shall be deemed controlling.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.3. Functions of corporation

RS 39:1798.3 - Functions of corporation
There is hereby authorized the formation and incorporation of a nonprofit corporation, the purpose of which shall be the financing and acquisition, purchase, construction, renovation, improvement, or expansion of public facilities for lease to the state of Louisiana.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.4. Membership of board of directors; vacancies; compensation; expenses

RS 39:1798.4 - Membership of board of directors; vacancies; compensation; expenses
A. The governor shall appoint five persons to serve as the directors and members of this corporation, with one member appointed from a list of three persons nominated by the president of the Senate and with one member appointed from a list of three persons nominated by the speaker of the House of Representatives.
B. Members of the board of directors shall serve without compensation, but the corporation may reimburse such members for necessary expenses incurred in the discharge of their duties.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.5. Applicable laws to corporation

RS 39:1798.5 - Applicable laws to corporation
A. The corporation shall be subject to the Public Records Law, the Open Meetings Law, the Bond Validation Procedures Law, and the Code of Governmental Ethics. The corporation shall follow all provisions of R.S. 38:2211 et seq. when utilized by the state as a financing vehicle for the construction, renovation, or expansion of public facilities.
B. In any action for damages for an offense or quasi offense against the corporation, its officers, or employees, the corporation, its officers, or employees are entitled to assert any defense or limitation available to the state or an agency thereof, including but not limited to the provisions of Part XV of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 1950.
C. In any claim or lawsuit against the corporation or its officers or employees for damages arising out of personal injury or death of an official or employee of the state, its agencies, boards or commissions, the exclusive, compulsory and obligatory relief shall be limited to the remedies and relief afforded under Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950, including but not limited to R.S. 23:1034.
Acts 1989, No. 805, §1, eff. July 8, 1989; Acts 2001, No. 1057, §1, eff. June 28, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.8. Bonds; security; trust agreement; indenture

RS 39:1798.8 - Bonds; security; trust agreement; indenture
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.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.9. Bonds and certificates; payment; no liability of state or political subdivision

RS 39:1798.9 - Bonds and certificates; payment; no liability of state or political subdivision
Neither bonds nor certificates shall be deemed to constitute a debt or liability of the state of Louisiana or of any agency, board, or political subdivision thereof or a pledge of the faith and credit of the state of Louisiana or of any such agency, board, or political subdivision.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.10. Refunding bonds

RS 39:1798.10 - Refunding bonds
The corporation may provide for the issuance of its bonds for the purpose of refunding any bonds or any series of bonds then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption and purchase or maturity of such bonds. All such refunding bonds shall be subject to the provisions of this Chapter in the same manner and to the same extent as other bonds issued pursuant to this Chapter.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.11. Bonds and certificates as legal investments

RS 39:1798.11 - Bonds and certificates as legal investments
Bonds and certificates are hereby made securities in which all banks, bankers, savings banks, trust companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees, and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state of Louisiana may properly and legally invest any funds, including capital belonging to them or within their control, and such bonds and certificates are hereby made securities which may properly and legally be deposited with and received by any state or municipal officers or agency of the state of Louisiana for any purpose for which the deposit of bonds or other obligations of the state of Louisiana is now or may hereafter be authorized by law.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.12. Bonds and certificates; freedom from taxation

RS 39:1798.12 - Bonds and certificates; freedom from taxation
Any bonds and certificates, their transfer, and the income therefrom shall at all times be free from taxation of every kind by the state of Louisiana and by all political subdivisions in the state of Louisiana.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.13. Excess earnings

RS 39:1798.13 - Excess earnings
Any net earnings of the corporation beyond that necessary for retirement of any bonds issued by the corporation or to implement the purposes of this Chapter shall inure to the benefit only of the state of Louisiana.
Acts 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1798.14. Dissolution of corporation; title to the property to vest in successor

RS 39:1798.14 - Dissolution of corporation; title to the property to vest in successor
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 1986, 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 1989, No. 805, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1800.1. Title

RS 39:1800.1 - Title
This Chapter shall be referred to and may be cited as the "Louisiana Corrections Private Management Act".
Acts 1989, No. 360, §1, eff. June 28, 1989.
{{NOTE: ACTS 1989, NO 360, §2, PROVIDES AS FOLLOWS:
"Section 2. If, for any reason, the provisions of this Act which provides that no contract shall be entered into unless the contract is approved by the Joint Legislative Committee on the Budget is declared unconstitutional or invalid, the other provisions of this Act shall be deemed separable and shall not be affected in any manner thereby. In such event, any contract meeting the other conditions and requirements of the Act may be entered into without approval by the Joint Legislative Committee on the Budget and any such contract previously entered into with approval of the Joint Legislative Committee on the Budget shall not be invalidated solely on the basis of such approval and shall remain in full force and effect pursuant to the terms and conditions of the contract and of this Act."}}
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1800.2. Legislative findings and determinations

RS 39:1800.2 - Legislative findings and determinations
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.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1800.3. Definitions

RS 39:1800.3 - Definitions
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.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1800.5. Powers and duties not delegable to contractor

RS 39:1800.5 - Powers and duties not delegable to contractor
No contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility to a prison contractor for any of the following:
(1) Development and implementation of procedures for calculating inmate release and parole eligibility dates.
(2) Development and implementation of procedures for calculating and awarding sentence credits.
(3) Approval of inmates for furlough and work releases.
(4) Approval of the type of work inmates may perform and the wages or sentence credits which may be given the inmates engaging in such work.
(5) Granting, denying, or revoking sentence credits.
Acts 1989, No. 360, §1, eff. June 28, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1800.6. Hiring preference

RS 39:1800.6 - Hiring preference
State and local governmental subdivisions employees whose employment becomes subject to a contract with a private prison contractor shall be given a hiring preference by the contractor for available positions for which they qualify. Louisiana residents shall be given a hiring preference in the staffing of new facilities constructed under the provisions of this Chapter. The provisions of R.S. 42:1121 shall not be applicable to this Section and Chapter.
Acts 1989, No. 360, §1, eff. June 28, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1800.7. Miscellaneous provisions

RS 39:1800.7 - Miscellaneous provisions
A. Any offense which, if committed at a state or local correctional facility would be a crime, shall be a crime if committed by or with regard to inmates at facilities operated pursuant to a contract under this Chapter.
B. Any inmate legally eligible for incarceration in a state or local facility shall be legally eligible for incarceration in a facility operated under the provisions of this Chapter.
C. All laws relative to computation of sentences, release and parole eligibility, and the award of sentence credits shall apply to inmates incarcerated under the provisions of this Chapter.
D. The provisions of Chapter 47 of Title 37 of the Louisiana Revised Statutes of 1950 shall not apply to a private prison contractor or its employees engaged in the performance of correctional services under the provisions of this Chapter.
E. Any contractor operating a prison facility shall adhere to all provisions of the Corrections Administrative Remedy Procedure, R.S. 15:1171 et seq., and the administrative remedy procedures adopted pursuant thereto by the department.
Acts 1989, No. 360, §1, eff. June 28, 1989; Acts 1990, No. 404, §1; Acts 1993, No. 871, §2.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1800.23. Construction of Chapter

RS 39:1800.23 - Construction of Chapter
A. This Chapter shall be deemed to provide a complete, additional, and alternative method for doing the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws.
B. To the extent that the provisions of this Chapter are inconsistent with the provisions of R.S. 12:202.1, or any other provisions of any general statute or special act or parts thereof, the provisions of this Chapter shall be deemed controlling.
Acts 2010, No. 556, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1800.24. Functions of corporation

RS 39:1800.24 - Functions of corporation
There is hereby authorized the formation and incorporation of a nonprofit corporation, the purpose of which shall be the financing of the design, acquisition, purchase, construction, renovation, improvement, equipping or expansion of centers of excellence to be leased to the Louisiana Community and Technical Colleges System and used as centers of excellence. However, the financing of such centers of excellence shall be in addition to any other funds or appropriations provided to the Louisiana Community and Technical College System, and such financing shall not displace, replace, supplant, or prevent funding for such system or system's projects from the capital outlay act or appropriations acts.
Acts 2010, No. 556, §1.