reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:345. No warrant without previous appropriation

RS 39:345 - No warrant without previous appropriation
No warrants shall be drawn by the commissioner of administration or be paid by the state treasurer unless the money to pay the warrant has been previously appropriated by the legislature. In addition, the whole amount drawn for or paid under any one head shall not exceed the amount so appropriated for that purpose.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:345.1. Denial of warrants pursuant to resolution of the Joint Legislative Committee on the Budget

RS 39:345.1 - Denial of warrants pursuant to resolution of the Joint Legislative Committee on the Budget
Upon receipt of a resolution of the Joint Legislative Committee on the Budget which directs the denial of warrants for a particular entity, the commissioner of administration and the state treasurer shall deny any warrant for the benefit of such entity until receipt of a resolution to recommence the payment of warrants.
Acts 2008, No. 842, §2, eff. July 8, 2008.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:346. Warrants to be numbered and entered

RS 39:346 - Warrants to be numbered and entered
The commissioner of administration or his duly authorized representative shall number progressively all warrants drawn by him on the treasury for the payment of the money during each year, commencing on the first of July and ending on the thirtieth of June, and shall enter each in a special book kept for that purpose, in such manner as to show the number, date, and amount of each warrant, and the name of the person in whose favor and for what purpose drawn.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:347. Reference of decisions to legislature

RS 39:347 - Reference of decisions to legislature
At the request of any interested person who is dissatisfied with the decision of the commissioner of administration on any claim, account, or credit exhibited to him to be audited, adjusted, and settled, the commissioner shall refer his decision, with his reasons therefor, to the legislature without delay.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:348. Certificates of payment

RS 39:348 - Certificates of payment
Whenever any person indebted to the state on any account whatever presents to the commissioner of administration the state treasurer's receipt for the full payment of the amount due, the commissioner shall furnish the person a certificate signed by him acknowledging that full payment has been made of all demands against him in favor of the state.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:349. Cancellation of interest warrants and coupons

RS 39:349 - Cancellation of interest warrants and coupons
Whenever the commissioner of administration grants a warrant or certificate of indebtedness in settlement of any interest warrant or coupon due by the state, he shall cause the interest warrant or coupon to be canceled or defaced, pasted in the register of canceled or defaced coupons, and kept as vouchers in his office.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:350. Unissued coupons to be destroyed

RS 39:350 - Unissued coupons to be destroyed
A. The commissioner of administration shall destroy all coupons which have never been issued of bonds that have at any time been issued. This destruction shall take place in the presence of the Ways and Means Committee of the House of Representatives and the Finance Committee of the Senate, or of a subcommittee of those committees, which shall make a careful examination of the coupons before destruction.
B. During the interim between regular sessions of the legislature, the commissioner shall keep all coupons of bonds issued, whenever those coupons are not to be issued with bonds, and shall destroy them in accordance with the provisions of this Section.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:351. Cancellation of erroneous assessments

RS 39:351 - Cancellation of erroneous assessments
The Tax Commission, upon determination and notification to the parish or district collector of taxes that an assessment has been corrected, shall authorize and direct the recorder of mortgages of the appropriate parish or parishes to change the inscription of the tax mortgage. If property erroneously assessed has been sold for taxes and adjudicated to a third party, the Tax Commission shall authorize and direct the recorder of mortgages to cancel the sale. However, if the property has been bid for in adjudication to the state, the register of the state land office shall cancel the sale upon his records and direct the appropriate recorder of mortgages to cancel the act or deed of adjudication upon his records.
Added by Acts 1976, No. 649, §1. Acts 1984, No. 256, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:352. Cancellation of unexpended portions of appropriations; exceptions

RS 39:352 - Cancellation of unexpended portions of appropriations; exceptions
Whenever any specific appropriation is made to meet any item of expenditure which occurs annually by provision of law or for contingent expense, and any portion of it remains unexpended at the end of the year for which the specific appropriation was made, after all legal claims against it for the year have been paid, the commissioner of administration shall cancel any balance of the appropriation, and each succeeding year he shall open a new account for the appropriation which may be made for that particular year, without carrying forward any unexpended balance of appropriation made for any previous year. This provision shall not apply to appropriations made to pay the debt of the state, principal and interest.
Added by Acts 1976, No. 649, §1; Acts 2001, No. 1091, §1, eff. June 28, 2001; Acts 2013, No. 420, §4, eff. June 21, 2013; Acts 2015, No. 87, §1, eff. July 1, 2015; Acts 2018, No. 612, §11, eff. July 1, 2018; Acts 2018, No. 642, §3, eff. June 2, 2018; Acts 2019, No. 404, §1, 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.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:353. Access to books of state offices

RS 39:353 - Access to books of state offices
The commissioner of administration shall have full access to the books of the state treasurer and to all offices of the state for the inspection of all books, accounts, and papers which may concern the duties of his office.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:355. Collection of funds for a third party

RS 39:355 - Collection of funds for a third party
Any funds that the state, or any of its agencies, collects on behalf of a parent or guardian for child support shall be forwarded to the parent or guardian within ten days of receipt of the funds by the state when the parent or guardian for whom the funds are collected and the specific obligation are clearly identified. In all other cases, the funds shall be forwarded to the parent or guardian within five days after the parent or guardian and the obligation are identified by the state or any of its agencies receiving the funds.
Acts 1988, No. 429, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:360. Policy for use of state owned aircraft; criteria; maintenance

RS 39:360 - Policy for use of state owned aircraft; criteria; maintenance
A. The Division of Administration shall establish a uniform policy for all state agencies for the use of state owned motor vehicles and aircraft by state employees. In developing the policy the following criteria shall be used.
B. It shall be determined, based upon usage, including air miles traveled and special functions, whether it is more economical to purchase an aircraft for an agency's employees or to use commercial airlines. In making such determination, the commissioner of administration shall utilize the comprehensive report, by each budget unit and each spending agency in the executive and judicial branches of state government, assembled by him and released annually to the governor and the legislature as directed by R.S. 39:60.1(C) containing information concerning aircraft owned or leased by each agency and including for each aircraft, the type of aircraft, make, model, year, primary user, if any, mileage traveled or hours of use, annual rental or lease cost if not purchased, or the purchase price. Any aircraft which does not meet the economic criteria required herein may be immediately declared surplus property, if owned by the state, or, if leased by the state, the lease shall be terminated as soon as the terms of the contract permit. The institutions of higher education in the state shall be limited to the use of one state-owned or maintained aircraft for the institutions under each separate management board. Such limit shall exclude aircraft as shall be determined by the commissioner to be necessary for recognized training programs.
C. An aviation unit shall exist in the division of administration. Notwithstanding any other provisions of law to the contrary, this unit shall regulate the maintenance of state owned aircraft, including helicopters and fixed-winged aircraft, owned or operated by any and all agencies within the executive branch of state government, except for aircraft owned or operated by the Louisiana Department of Agriculture and Forestry. All such aircraft shall be maintained and repaired through state operated aircraft maintenance facilities, unless an agency receives prior approval from the division's aviation unit for maintenance at privately owned facilities. Maintenance for the purposes of this Subsection shall mean inspection, labor, parts, accessories, and avionics. The commissioner of administration is authorized to appoint as many employees to the unit as may be permitted by the legislative appropriation to fulfill this function.
Acts 1976, No. 142, §1; Acts 1986, No. 890, §1; Acts 1988, No. 62, §1; Acts 2008, No. 237, §1, eff. June 17, 2008.
NOTE: SEE ACTS 1986, NO. 890, §2.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:361. Policy for use of state owned vehicles; establishment of fleet management program

RS 39:361 - Policy for use of state owned vehicles; establishment of fleet management program
A. The Division of Administration shall establish, develop, and administer a program for the management of motor vehicles used by state employees. The purpose of this program shall be to provide motor vehicle and related services to the state and to maintain safe, dependable, and cost effective transportation for state employees who require the use of passenger vehicles in the performance of their job responsibilities. This program shall be known as the fleet management program.
B. The objective of the fleet management program shall be to manage state provided transportation so as to reduce its costs and increase its benefit to the state by establishing, reviewing, and revising statewide policies, specifications, and standards for the operation of the program; monitoring agency and vendor compliance with established policies, specifications, and standards; planning and evaluating the financial results of operating and maintaining state fleet vehicles; identifying, evaluating, and adopting techniques, methods, and procedures to maximize cost effectiveness while maintaining proper vehicle availability and utilization; and receiving, investigating, and resolving all reports of abuse or misuse of fleet vehicles.
C. The scope of the fleet management program and associated statewide policies, specifications, and standards shall include and be limited to:
(1) All vehicles which are owned or leased by any agency, board, commission, council, department, or other entity of the executive branch of state government; every vehicle owned and leased by any state college or university; and every vehicle owned or leased by the offices and entities of the judicial and legislative branches of government.
(2) Any motorized licensed vehicle with four or more wheels used primarily for surface transportation of passengers or for delivery of small equipment and supplies.
D. Every vehicle in compliance with the specifications set forth in Subsection C of this Section shall be known as a fleet vehicle and the total of all vehicles shall be known as the vehicle fleet.
Added by Acts 1976, No. 142, §1. Amended by Acts 1977, No. 638, §1; Acts 1986, No. 532, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:362.1. Purchase of certain state-owned vehicles for use by a statewide elected official

RS 39:362.1 - Purchase of certain state-owned vehicles for use by a statewide elected official
A. Notwithstanding any other law to the contrary and before the commissioner of administration shall authorize the purchase of any luxury or full-size motor vehicle for personal assignment by a statewide elected official other than the governor and lieutenant governor, such official shall first submit the request to the Joint Legislative Committee on the Budget for approval. For the purposes of this Section, luxury or full-size motor vehicles shall mean or refer to such vehicles as defined or used in rules or guidelines promulgated and implemented by the division of administration under the provisions of this Part.
B. Nothing herein shall be construed to impair or limit the authority of the commissioner of administration in carrying out the provisions of this Part.
Acts 2005, No. 280, §1, eff. July 1, 2005.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:363. Pooling of state owned vehicles; determination of need; exclusions

RS 39:363 - Pooling of state owned vehicles; determination of need; exclusions
NOTE: R.S. 39:363 WAS AMENDED BY ACTS 1986, NO. 103, §1 AND WAS REPEALED BY ACTS 1986, NO. 532, §2.
A. The Division of Administration shall determine how many vehicles based upon the break-even points, determined as provided in R.S. 39:361, would be surplus because employees who presently have them would not be eligible for them. The Division of Administration shall assume title to all of those vehicles and initiate a motor pool in various areas of the state where there are significant numbers of state employees who could benefit from such a pool. The Division of Administration shall assess the needs for the pools in those areas and determine the total number of vehicles in each pool to meet the daily requirements of such agencies. The division shall prepare recommendations for exclusions from the requirements to use the motor vehicle pools and shall prepare suggestions for establishment of motor vehicle pools on a decentralized basis if necessary.
B. The provisions of this Section shall not require any policy or management board of public higher education or any institution under their jurisdiction to submit to the Division of Administration any information on intradepartmental motor pools and the number of passenger vehicles turned over to the Division of Administration.
Added by Acts 1976, No. 142, §1; Acts 1986, No. 103, §1; Acts 1986, No. 532, §2.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:366.2. Purpose and goals

RS 39:366.2 - Purpose and goals
A. The purpose of this Part is to ensure that the elected leaders of state government are informed and accountable for the use made of state resources that are obligated, dedicated, or otherwise are committed to the operation, management or control of or are necessary to the confection of agreements with nonpublic persons that are entered into pursuant to a public purpose or to ensure the protection of the interests of the state.
B. Accountability requires that elected state leaders have clear, timely, complete, and relevant information regarding the use of state resources. The nature of negotiations of cooperative endeavors and litigation settlements requires that such information be provided carefully so as not to jeopardize the best interests of the state. The goal of this Part is to establish a process by which such information can be provided, accountability can be ensured, and the best interests of the state are protected.
Acts 2005, No. 329, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:366.3. Definitions

RS 39:366.3 - Definitions
In this Part, the following words and terms shall have the meanings ascribed in this Section unless the context clearly requires otherwise:
(1) "Cooperative endeavor" means any agreement including one of cooperative financing, other than a competitive bid or competitively negotiated contract, whether contracted pursuant to Chapter 10 of Title 38 or Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950 or pursuant to a request for proposals, request for qualifications, solicitation for offers, or other recognized process for competitively seeking qualified contractors, to which the state is a party and pursuant to which the state has obligated state resources, whether funds, credit, property, or things of value of the state to a nonpublic person for the accomplishment of a public purpose or in the public interest, but shall not include projects contained in the comprehensive state capital outlay budget, projects pursuant to the Governor's Economic Development Rapid Response Program, and integrated coastal protection programs and projects authorized in the annual coastal protection and restoration plan and administered by the Coastal Protection and Restoration Authority.
(2) "Cooperative financing" means any method of financing integral to a cooperative endeavor between and among the state or its agencies and any nonpublic person. Said methods shall include loans, loan guarantees, land write-downs, grants, lease guarantees or any form of financial subsidy or incentive.
(3) "Immediate family" means a person's children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse and the parents of his spouse.
(4) "Litigation settlement" means an action by an official, agent, or employee of the state which results in an obligation of the state to pay money to a person or otherwise to expend state funds, other than claims settled under the provisions of Chapter 16-A of Title 39 or Chapters 10 or 11 of Title 23 of the Louisiana Revised Statutes of 1950, as the result of a claim against the state which may lead to or has led to the filing of a suit against the state which obligation occurs prior to a final judgment of a court of competent jurisdiction on the matter.
(5) "Person" means a natural person or a corporation or other form of entity the organization of which is authorized by law.
Acts 2005, No. 329, §1, eff. Jan. 1, 2006; Acts 2010, No. 734, §4; Acts 2016, No. 430, §5.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:366.21. Reporting on the status and progress of litigation settlements

RS 39:366.21 - Reporting on the status and progress of litigation settlements
A.(1)(a) As the chief legal officer of the state, the attorney general shall as frequently as necessary and not less often than quarterly report to the members of the litigation subcommittee of the Joint Legislative Committee on the Budget, established pursuant to R.S. 24:653(H) the status of any claims made against the state which may result in a litigation settlement the cost of which is reasonably expected by the attorney general to exceed a total of one million dollars, issues related to such claim, and recommendations being made or steps being taken regarding such claim.
(b) On a quarterly basis, each state agency shall report to the attorney general the status of any pending litigation and any pending claim made against the state which may result in a litigation settlement the cost of which is reasonably expected to exceed one million dollars, and any steps being taken or recommended with regard to any such litigation or claim.
(2)(a) This information shall be presented in any format and in any manner mutually agreed upon by the chairperson of the litigation subcommittee and the attorney general.
(b) Should the agreed on format be a meeting of the subcommittee, the subcommittee may meet in executive session pursuant to the procedures and requirements of R.S. 42:16.
B.(1) Each member of the litigation subcommittee and all staff persons authorized by the subcommittee to have access to such information shall be advised of any information being reported which is deemed by the attorney general to be confidential information. Each member and all staff persons authorized by the subcommittee to have access to such information shall maintain the confidential nature of such information.
(2)(a) Any member who determines that he has an economic interest which is of greater benefit to the member or any member of his immediate family than to a general class or group of persons, except the interest that the member has arising solely from his public office or the interest the member has as a member of the general public, with regard to any particular claim shall notify the chairperson of the subcommittee and the attorney general and shall be excluded from all disclosure of information related to such claim.
(b) Any member who is determined by the attorney general to have an economic interest which is of greater benefit to the member or any member of his immediate family than to a general class or group of persons, except the interest that the member has arising solely from his public office or the interest the member has as a member of the general public, with regard to any particular claim shall be excluded from all disclosure of information related to such claim upon notification by the attorney general to the chairperson of the subcommittee of such determination.
Acts 2005, No. 329, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:371. Cash management review board; creation

RS 39:371 - Cash management review board; creation
The cash management review board is hereby created to be composed of the state treasurer, the legislative auditor, the commissioner of administration, the chairman of the Senate Committee on Finance, and the chairman of the House Committee on Appropriations, or their designees.
Acts 1990, No. 468, §1, eff. July 1, 1990; Acts 2006, No. 2, §1; Acts 2017, No. 361, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:374. Applicability

RS 39:374 - Applicability
The provisions of this Chapter shall not apply to parish and municipal governments and agencies, or to any state retirement system or to any state agency not included in the executive operating budget which under authority of the constitution operates preponderantly from fees and charges for the shipment of goods in international maritime trade and commerce. Provided, however, that all provisions contained in this Chapter shall not be in conflict with any existing Federal laws or regulations governing the receipt, deposit, investment or withdrawal of Federal funds.
Acts 1972, No. 341, §4.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:408. Surplus funds of legislative auditor; remittance and disbursement

RS 39:408 - Surplus funds of legislative auditor; remittance and disbursement
All sums of money allowed to, deducted or withheld by the legislative auditor, which may exceed his needs and requirements, shall be remitted by the legislative auditor to the governor to be disbursed by him for the purpose of defraying costs of investigation by legislative committees and for the purpose of supporting any and all expenses which may be necessary for the work of the bureau of criminal identification and investigation, for the work of preserving law and order and for the expenses and use of the state militia.
Acts 2001, No. 1102, §8.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:409. Daily deposits and investment of funds received by sheriffs

RS 39:409 - Daily deposits and investment of funds received by sheriffs
A. All public funds received by and in the hands of sheriffs, pending their transmission to the various public bodies for whose accounts they are collected, shall be deposited in interest bearing accounts by the sheriff daily, whenever practicable, with a bank domiciled in the parish where the funds are collected. The total amount of interest earned may be accrued, at interest, and distributed annually to the taxing authorities no later than five days following the tax sale of real property and be prorated in the same proportion as the amount of taxes collected for each authority bears to the total amount of taxes assessed on the tax roll. The total amount of interest earned shall be allocated and distributed to all taxing authorities except that no proration or distribution shall be made for state game licenses.
B. The provisions of this Section shall not prevent sheriffs from investing public funds, pending their transmission to the various public bodies for whose accounts they are collected, in certificates of deposit or other investments permitted by law. Interest earnings from said investments shall be distributed to the individual taxing authorities in the manner set forth hereinabove.
Acts 1985, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:440. Repealed by Acts 1976, No. 428, §3, eff. July 31, 1976.

CHAPTER 3. INVESTMENTS IN WAR BONDS BY STATE
TREASURER [REPEALED]
§§440, 441. Repealed by Acts 1976, No. 428, §3, eff. July 31, 1976.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:451. Bond Security and Redemption Fund

RS 39:451 - Bond Security and Redemption Fund
There is hereby established in the state treasury a special fund to be designated and hereafter referred to as the bond security and redemption fund, and subject to prior constitutional and statutory dedications and subject to any pledge, dedication or other contractual allocations heretofore made by the Constitution or statutes of the state of Louisiana to the holders of outstanding obligations of the state of Louisiana or any of the state agencies, boards or commissions, all revenues of the state from whatever source derived, except the amounts payable into the long range highway fund as provided in Section 23 of Article VI of the Louisiana Constitution, including without limiting the generality of the foregoing and all moneys, receipts and funds received from taxes, licenses, fees, and permits, or portions thereof heretofore or hereafter levied or imposed, including all bonus receipts collected from the sale of mineral leases, lease rentals, royalties and other miscellaneous revenues, receipts and surplus funds heretofore levied, imposed or dedicated or hereafter dedicated to or collected for the state's general fund shall hereafter be paid into the bond security and redemption fund established by this Chapter.
Acts 1960, No. 112, §1; Acts 2010, No. 743, §15A, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:461. Interim emergency board; creation; officers; quorum; domicile; notification of meeting; public records; per diem

RS 39:461 - Interim emergency board; creation; officers; quorum; domicile; notification of meeting; public records; per diem
A. The interim emergency board is created. It is composed of the governor, lieutenant governor, state treasurer, the presiding officer of each house of the legislature, the chairman of the Committee on Finance of the Senate, and the Chairman of the Committee on Appropriations of the House of Representatives, or their designees.
B. The board shall elect from its membership a chairman and a vice-chairman and such other officers as it deems necessary. In the absence of the chairman, his duties shall be performed by the vice-chairman.
C. A majority of the board shall constitute a quorum for the transaction of business. All official actions of the board shall require the affirmative vote of a majority of the members.
D. The board shall be domiciled in Baton Rouge. It shall meet at the state capitol, or, in the event of a public emergency caused by epidemic, enemy attack, or natural catastrophe, at such other place as the chairman determines.
E. The board shall comply with the provisions of R.S. 42:11 et seq.1 The official minutes of the proceedings of the board, as well as all correspondence, ballots, and tabulations thereof, shall be public records and maintained in a proper manner by the secretary of the board and the clerk of the House of Representatives and the secretary of the Senate.
F. Each member of the board who is not a statewide elected official or the presiding officer of either house of the legislature shall be paid a per diem equal to the per diem provided by law for members of the legislature. The board may reimburse such members for travel expenses incurred in attendance at meetings of the board.
Acts 1974, Ex.Sess., No. 10, §1, eff. Jan. 1, 1975. Amended by Acts 1981, No. 174, §1; Acts 1981, No. 620, §3, eff. July 1, 1981; Acts 1982, No. 502, §3.
1The open meeting law.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:461.2. Returned ballots

RS 39:461.2 - Returned ballots
The interim emergency board shall report the tabulation of the results of each balloting received from the clerk of the House of Representatives and the secretary of the Senate at its next meeting, and the tabulation received 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 and the secretary, 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 1976, No. 557, §3; Acts 1979, No. 706, §1, eff. April 1, 1980; Acts 1982, No. 502, §3.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:461.3. Fiscal information

RS 39:461.3 - Fiscal information
A. The board shall submit to the Legislative Fiscal Office and the division of administration a copy of each request that is made to the board within twenty-four hours of receipt of such request to allow sufficient time for a written analysis of each request to be made. Prior to each meeting of the board, the secretary of the board shall submit to each member of the board an agenda with a copy of the analysis prepared by the Legislative Fiscal Office and the division of administration. No request shall be considered without such analysis having been made available to each board member prior to each meeting.
B. Upon approval of a specific request by the board, a copy of the analysis of that request made by the Legislative Fiscal Office and the division of administration shall be transmitted, together with other documents required herein to each member of the legislature along with the ballot.
C. The board may request the division of administration or other such public official or agency as the board may determine to make available a report showing the anticipated receipt from all sources of state revenue for the period for which such funds are sought.
D. The board shall provide the head of the agency requesting funds from the board and the person charged with approving the program for which such funds shall be expended full opportunity to be heard and to make recommendations thereon to the board.
E. The clerk of the House of Representatives and the secretary of the Senate shall cause to be submitted to each member of the legislature a quarterly report showing the balance on hand of the interim emergency fund as well as a list of approved projects for the preceding quarter.
Acts 1974, Ex.Sess., No. 10, §1, eff. Jan. 1, 1975. Amended by Acts 1981, No. 620, §3, eff. July 1, 1981; Acts 1982, No. 502, §3; Acts 2008, No. 427, §1, eff. June 21, 2008.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:461.5. Exception to procedure for legislative consent

RS 39:461.5 - Exception to procedure for legislative consent
Whenever the consent of the legislature must be obtained on emergency funding appropriations, priority changes, and adjustments to capital outlay project descriptions resulting from recommendations of the board at a single meeting, the clerk of the House of Representatives and the secretary of the Senate are authorized to transmit both ballots and required documentation to the members of the legislature. The ballots shall be returned as provided in this Chapter to the clerk of the House of Representatives and the secretary of the Senate.
Added by Acts 1976, No. 557, §4. Amended by Acts 1982, No. 502, §3; Acts 2001, No. 766, §1, eff. July 1, 2001; Acts 2016, No. 280, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:461.6. Transfer of records

RS 39:461.6 - Transfer of records
A. Wherever the term "board of liquidation of state debt" appears in the laws of the state of Louisiana enacted prior to the effective date of this Chapter which remain in effect after January 1, 1975, it shall hereafter be deemed to refer to and mean the interim emergency board created by Article VII, Section 7 of the Constitution of 1974.
B. All records, documents and other papers heretofore belonging to and in the custody of the board of liquidation of state debt created by Article IV, Section 1(a) of the Constitution of 1921 are hereby transferred to the interim emergency board.
Added by Acts 1976, No. 557, §4. Amended by Acts 1982, No. 502, §3.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:461.7. Limitation on indebtedness

RS 39:461.7 - Limitation on indebtedness
The total amount of indebtedness outstanding at any one time and the amount appropriated from the state general fund for the current fiscal year by the interim emergency board as authorized by Article VII, Section 7 of the Louisiana Constitution shall not exceed one-tenth of one percent of total state revenue receipts for the previous fiscal year.
Added by Acts 1982, No. 502, §3.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:461.8. Allocation from state general fund

RS 39:461.8 - Allocation from state general fund
An amount sufficient to pay indebtedness incurred during the preceding fiscal year under the authority of Article VII, Section 7 of the Louisiana Constitution shall be allocated, as a first priority, each year from the state general fund.
Added by Acts 1982, No. 502, §3.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:461.9. Changing capital outlay project descriptions

RS 39:461.9 - Changing capital outlay project descriptions
A. Beginning with the comprehensive capital budget which the state adopts for Fiscal Year 2001-2002 and each fiscal year thereafter, whenever at the written request of the appropriate legislators and agency set forth in Subsection C of this Section the interim emergency board determines that an adjustment to a project description originally set forth in such capital budget adopted by the legislature for a current fiscal year is necessary to correct a mistake in a project description, clarify a description, change the scope of a description, or make any other adjustment the board deems necessary to implement the purpose of the project, such adjustment shall only become effective upon the approval by majority vote of the elected members of each house of the legislature in the manner provided for in this Chapter.
B. Notwithstanding Subsection A of this Section, the board shall not have authority pursuant to the provisions of this Section to do any of the following:
(1) Change the amount of funding allocated to any project.
(2) Change the source of funds for any project.
(3) Change the local match required of any project.
(4) Change the entity for which the project funding has been appropriated, except to correct the legal name of such entity or unless the entity provides to the commission its written consent for such change.
(5) Change the parish and/or other political subdivision in which the description requires the project to be located.
C. The board shall not consider or authorize an adjustment to any project description unless it receives a written request for such adjustment from the legislators in whose district or districts the project is located and from the entity for which the project funding has been appropriated.
Acts 2001, No. 766, §1, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:462.1. Louisiana Rural Infrastructure Revolving Loan Program; purposes

RS 39:462.1 - Louisiana Rural Infrastructure Revolving Loan Program; purposes
A. The legislature finds that:
(1) State government has assisted in funding many local capital outlay projects that are necessary to provide local facilities, but the choice involved with this state funding is to either reduce the amount of funding available for state programs and services or ignore the need for assistance to local governments.
(2) Even with established state and federal government programs to assist local governments with needed and necessary funding for infrastructure projects, including those for clean water and sewerage projects, local governments encounter financial challenges in meeting local contributions required by the existing state capital outlay program and other infrastructure programs.
(3) The most effective way of accomplishing the goal of providing for local infrastructure project financing and for preservation of the state fisc over the long term is to establish a low-interest-rate revolving loan fund to be available for local infrastructure projects to provide an alternative means to fund appropriate local infrastructure projects that would otherwise compete with scarce state funding for state projects.
B. To continue to provide required funding for the planning, design, construction, and maintenance connected with needed infrastructure projects, it is the purpose of this Chapter to provide for the establishment and administration of a program to make loans from a revolving loan fund to assist eligible local governments in funding eligible infrastructure projects and enter into cooperative endeavor agreements and interstate compacts as may be necessary and proper to fulfill the purposes of this Chapter.
Acts 2023, No. 424, §1, eff. July 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:462.2. Louisiana Rural Infrastructure Revolving Loan Program; definitions

RS 39:462.2 - Louisiana Rural Infrastructure Revolving Loan Program; definitions
The following terms as used in this Chapter shall have the following meanings:
(1) "Approved infrastructure program" means a program through which an eligible infrastructure project may be funded including but not limited to the following programs:
(a) State Capital Outlay Budget Program as provided in R.S. 39:101 et seq., administered by the division of administration, office of facility planning and control.
(b) Clean Water State Revolving Fund established pursuant to R.S. 30:2301 et seq.
(c) Drinking Water Revolving Loan Fund established pursuant to R.S. 40:2821 et seq.
(2) "Certifying department" means a state department or agency with authority to administer and approve an eligible infrastructure project in accordance with laws and regulations governing the respective approved infrastructure program. The State Bond Commission is the certifying department for emergency requests.
(3) "Commission" means the State Bond Commission.
(4) "Department" means the Department of the Treasury.
(5) "Eligible infrastructure project" or "project" means a plan or proposal approved by the respective certifying department which would require or use a local match or other required local contribution or require funding for eligible infrastructure project costs that can be provided by the commission. "Eligible infrastructure project" includes an emergency request.
(6) "Emergency request" means a project request submitted by a local government to a certifying department between legislative sessions that is essential to alleviate conditions that are hazardous to life, health, or property. "Emergency request" includes but is not limited to funding for a project that has an anticipated useful life of less than twenty years and a value or cost of less than fifty thousand dollars and that would not otherwise qualify for funding in an approved infrastructure program.
(7) "Loan" means the loan from the commission to the local government evidenced by a bond, note, or other evidence of indebtedness as provided in this Chapter. The maximum amount of a loan that may be funded through the revolving loan fund is one million five hundred thousand dollars.
(8) "Local" or "local government" for purposes of this Chapter means a political subdivision as defined in Article VI, Section 44 of the Constitution of Louisiana which has a population of less than fifteen thousand according to the latest federal decennial census. A local government shall be limited to one loan from the revolving loan fund until the loan is paid in full.
(9) "Revolving loan fund" means the Louisiana Rural Infrastructure Revolving Loan Program Fund established in R.S. 39:462.3.
Acts 2023, No. 424, §1, eff. July 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:462.3. Louisiana Rural Infrastructure Revolving Loan Program Fund

RS 39:462.3 - Louisiana Rural Infrastructure Revolving Loan Program Fund
A. There is hereby established a revolving loan fund in the state treasury to be known as the "Louisiana Rural Infrastructure Revolving Loan Program Fund", hereinafter referred to in this Chapter as the "fund", which shall be maintained and operated by the department. 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 the fund; any money appropriated by the legislature to the fund; the repayment of principal of and interest on loans and other obligations made to local governments financed from the fund; administrative fees; 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. The repayment of principal of and interest on loans and other obligations made to local governments financed from the fund shall be deposited into the fund and may be used to finance loans and obligations for projects of other local governments if reserves for expenditures for the administration of the fund that the department deems necessary and prudent are retained in the fund.
D. The department 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 Chapter and may, by suit, action, mandamus, or other proceedings, enforce and compel performance of all duties required to be performed by the governing body and officials of any borrower and in any proceedings authorizing the issuance of bonds or other evidences of indebtedness.
E. The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act, as are necessary, for the following:
(1) To adopt a schedule of reasonable fees and charges to pay for the costs of administering the fund.
(2) To respond to emergency requests and to consider loan applications for eligible emergency projects that have an anticipated useful life of less than twenty years and a value or cost of less than fifty thousand dollars.
(3) To implement the provisions of this Chapter.
F. The department may enter into contracts and other agreements in connection with the operation of the fund.
Acts 2023, No. 424, §1, eff. July 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:462.5. General power to issue and incur debt; guarantees of the debt of other entities

RS 39:462.5 - General power to issue and incur debt; guarantees of the debt of other entities
A. The commission, on behalf of the state, may issue, incur, and deliver debt evidenced by bonds, notes, or other evidences of indebtedness, payable from or secured by sums deposited in, credited to, or to be received by the commission in order to provide monies for deposit into the fund. The commission may undertake and issue and deliver evidences of its guarantee of the debt of other entities and may enter into and execute pledges of the sums deposited in, credited to, or to be received by the commission, including payments pursuant to letters of credit, to secure the debt or performance of obligations of a local government for a project. Bonds, notes, or other evidences of indebtedness, guarantees, and pledges issued and delivered pursuant to this authority shall constitute special and limited obligations of the commission and shall not be secured by the full faith and credit of the state or any source of revenue of the state other than those sums on deposit in or credited to the revolving loan fund, or to be received by the commission, including payments to be made pursuant to letters of credit. Debt issued pursuant to the provisions of this Chapter shall be deemed to be in compliance with the provisions of Article VII, Section 14 of the Constitution of Louisiana.
B. In no event shall any bond, note, or other evidence of indebtedness or guarantee, pledge, or other obligation of any type whatsoever entered into by the commission constitute net state tax supported debt within the meaning of Article VII, Section 6(F) of the Constitution of Louisiana.
C. Any withdrawal of monies from the revolving loan fund to pay debt service on any bond, note, or other evidence of indebtedness; obligation of guarantee of any debt; pledge to secure any debt; or fees and associated costs to administer a loan shall not constitute and shall not be subject to appropriation by the legislature as provided by Article III, Section 16 of the Constitution of Louisiana.
Acts 2023, No. 424, §1, eff. July 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:462.6. Duties of the legislative auditor

RS 39:462.6 - Duties of the legislative auditor
The legislative auditor may review all loan applications for compliance with the provisions of this Chapter. The state treasurer and the loan applicant shall be responsible for providing the legislative auditor with all claims and necessary documentation to carry out his reviews.
Acts 2023, No. 424, §1, eff. July 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:462.7. Reports to the legislature

RS 39:462.7 - Reports to the legislature
Beginning January 1, 2026, and every two years thereafter, the commission shall issue a report to the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs which includes information on the number of loans approved by the commission; outstanding loan balances, including principal and interest; the status of any debt sold to provide monies for the fund; costs incurred by the commission to administer the fund; and the status of rules adopted by the commission.
Acts 2023, No. 424, §1, eff. July 1, 2023.