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2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:236. Special deposits and refunds

RS 39:236 - Special deposits and refunds
The governor may prescribe the procedures for receiving, depositing, accounting for, and disbursing all moneys and securities deposited with any state agency or officer, as guarantee or security for the payment of any costs or charges, or for the performance of any specific act including, by way of extension and not of limitation, all moneys deposited as bail to secure the appearance of persons charged with public offenses, all moneys deposited by bidders on contracts to insure their entering into the contracts awarded them, and all moneys deposited to indemnify persons whose property may be damaged or destroyed by the operations of depositor. The rules also shall provide for the manner of making refunds of amounts paid to the state in error, and in other cases in which refunds of amounts paid to the state may be made. The rules may provide that the money or securities so deposited or paid may be returned to the depositors by the officers having administrative charge thereof, without specific appropriation or allotment, should the depositors become entitled to the return thereof, or may, upon default of any depositor and upon certificate to such effect by the officer having administrative charge of the matter, be declared to be forfeited in whole or in part and thereupon be transferred to the extent so forfeited, to the credit of the general fund, except as provided by law that they be credited to some other fund. Any refund or return of any amount that has been deposited in the treasury shall be accomplished by means of a warrant drawn in the manner by this Chapter provided, without necessity for any specific appropriation or allotment and shall be treated in the accounts as a deduction from receipts, and not as an expenditure.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:237. Monthly statements from state depositories

RS 39:237 - Monthly statements from state depositories
The president or cashier of each state depository bank or trust company, on the first day of each month, shall cause a statement over his official signature to be furnished to the various officials and budget units having money on deposit in the depository, showing the amount of public moneys received and paid out of the depository during the preceding month and the balance then remaining to the credit of the official or budget unit. Any state depository which fails or refuses to comply, in any month, with the provisions of this section shall be notified, in writing by mail, on or before the tenth day of the month, of such failure or refusal, and be requested so to comply by the interested official or budget unit. Any state depository which persists in such failure or refusal for a period of ten days after the mailing of the notice and request, shall be disqualified as a state depository, and the treasurer and the other budget units shall forthwith withdraw the state's deposits in the depository by transfer to some other depository. Any bank or trust company disqualifying hereunder as a state depository shall be ineligible for designation again as a state depository for two years thereafter.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:238. No exception to provisions of this Chapter to be implied

RS 39:238 - No exception to provisions of this Chapter to be implied
A. No provision of law authorizing or requiring any agency to keep accounts or to exercise fiscal management and control over or with respect to any institution, activity, fund, or functions of the state, shall be so construed as to exclude the department, office, or institution from the requirements of this Chapter relating to deposits of money in the treasury, or other matters herein provided, except as the exclusion is provided by the constitution and is clearly stated therein in such form as to require exception to any requirement herein prescribed or is necessary to prevent the impairment of this state or any agency thereof, of contract rights or the revocation or termination of any gift, donation, deed, will, trust, or other instrument or disposition by which property of any nature or description has been vested in any agency affected by this Chapter, or the diversion from the purpose for which the property was donated, deeded, devised, or bequeathed to, or otherwise vested in, any such agency. If and when the constitution is amended to remove any such exclusion as is necessitated by the constitution, the exception in relation thereto shall no longer prevail.
B. The provisions of this Chapter shall not be construed or applied in such a way as to prevent full compliance by this state or any subdivision or agency thereof with the requirements of any act of the Congress of the United States, or any regulations made thereunder by any officer or agency of the federal government, by which federal assistance or other financial aid from the United States, has been made available to this state or any subdivision or agency thereof, anything contained in this Chapter to the contrary notwithstanding.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:239. Financial requests from board of liquidation of the state debt; initial submission of such requests to commissioner of administration

RS 39:239 - Financial requests from board of liquidation of the state debt; initial submission of such requests to commissioner of administration
Any state agency requesting funds from the Board of Liquidation of the State Debt as authorized by Article IV, Section 1(a) of the Louisiana Constitution shall first submit said request together with a detailed statement of the need and/or emergency character thereof to the commissioner of administration at least five days prior to the date the board is to meet. The commissioner may transmit to the Board of Liquidation of the State Debt any findings and comments relative to the request.
Added by Acts 1966, No. 451, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:240. Food service facilities; recovery of raw food cost

RS 39:240 - Food service facilities; recovery of raw food cost
All state agencies and institutions operating food service facilities for the inmates or patients in their custody shall recover at least the raw food cost from all other persons utilizing these food service facilities. The method for calculating raw food cost shall be determined by the commissioner of administration. No exception will be made to this Section unless written permission shall have been obtained from the commissioner of administration.
Added by Acts 1977, No. 643, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:241. Commissioner to adopt uniform schedule for copies of public records of state agencies; waiver of fees

RS 39:241 - Commissioner to adopt uniform schedule for copies of public records of state agencies; waiver of fees
A. Not later than ninety days after the effective date of this Section, the commissioner of administration, with the approval of the governor, shall, by rule or regulation, adopt a uniform fee schedule for copies of public records of executive branch state agencies furnished to persons so requesting by custodians thereof, as provided by R.S. 44:32. Copies of the public record furnished to a person so requesting shall be provided at fees according to the schedule, except for copies of public records, the fees for the reproduction of which are otherwise fixed by law.
B. Prior to the adoption, amendment, or repeal of any rule or regulation issued pursuant to Subsection A of this Section, the commissioner of administration shall submit such proposed rule, or amendment or repeal of such rule, and a report thereon to the appropriate standing committees of the legislature in accordance with the requirements and procedures established in R.S. 49:966.
Added by Acts 1981, No. 933, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:242. Imprest funds

RS 39:242 - Imprest funds
A budget unit may be granted authority by the commissioner of administration to establish an imprest fund drawn upon the working capital appropriation issued to the state treasurer for the purpose of making disbursements requiring prompt cash outlay. The custodian of the imprest fund, as often as may be necessary to replenish the imprest fund from the agencies' established operating appropriation and allotment, shall prepare a schedule of disbursements therefrom accompanied by appropriate vouchers and statements of indebtedness therefor, and by certificate as to the condition of the imprest fund. Payment in reimbursement of the imprest fund shall be in the form and manner prescribed for other payments in this Chapter in the amount of the total approved vouchers. The payment shall be made to the custodian of the imprest fund and shall be devoted to reimbursement thereof. Any question relative to the amount to be allowed payment thereof shall be determined by the commissioner of administration. Imprest funds advanced from any fund shall be carried on the general books of the state as an asset of the fund. Upon the determination that the need for the imprest fund no longer exists, such funds shall be remitted back to the state treasurer's office in the full amount advanced within ninety days.
Added by Acts 1982, No. 726, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:243. Use of signature machines

RS 39:243 - Use of signature machines
Any officer required by this Chapter to sign or countersign may, in his discretion, perform the act of signing in person, or by duly authorized agent, and may use, or cause to be used, a signature machine for the purpose of affixing his signature to warrants for the disbursement of monies in behalf of the state.
Acts 1989, No. 836, §1, eff. July 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:244. Use of facsimile signatures and seals authorized; penalty for fraudulent use

RS 39:244 - Use of facsimile signatures and seals authorized; penalty for fraudulent use
A. As used in this Section:
(1) "Public security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any of its departments, agencies, or other instrumentalities or by any of its political subdivisions.
(2) "Instrument of payment" means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.
(3) "Authorized officer" means any official of this state or any of its boards, commissions, departments, or agencies or of any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.
(4) "Facsimile signature" means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer.
B.(1) Any authorized officer, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature:
(a) Any public security.
(b) Any instrument of payment.
(2) Upon compliance with this Section by the authorized officer, his facsimile signature has the same legal effect as his manual signature.
C. When the seal of the state of Louisiana or any of its departments, agencies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped, or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
D. Any person who with intent to defraud uses on a public security or an instrument of payment a facsimile signature, or any reproduction of it, of any authorized officer, or any facsimile seal, or any reproduction of it, of the state of Louisiana or any of its departments, agencies, or other instrumentalities or of any of its political subdivisions, is guilty of a felony and shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
Acts 1989, No. 836, §1, eff. July 1, 1989; Acts 1990, No. 507, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:245. Uniform consolidated mailroom

RS 39:245 - Uniform consolidated mailroom
A. The office of technology services shall establish a uniform consolidated mailroom operation for all state agencies for messenger, mail processing, and presort services. The state chief information officer may establish a set of specifications, including but not limited to types and sizes of envelopes and address print requirements to be used by all state agencies. The state chief information officer is authorized to adopt all necessary standards and guidelines to implement a uniform consolidated mailroom operation, and is also authorized to promulgate all rules and regulations necessary and proper toward that end, pursuant to the provisions of the Administrative Procedure Act.
B. The office of technology services is authorized to bill the budget units for such services at actual cost as nearly as can be determined, and settlements therefor shall be made by warrants. The receipts for such services shall be treated as reimbursements.
C. State colleges and universities, their management boards, and the Board of Regents shall be excluded by the office of technology services from the provisions of Subsection A of this Section unless it can be verified that inclusion would result in a savings to the respective college, university, or board.
Acts 1989, No. 836, §1, eff. July 1, 1989; Acts 2015, No. 241, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:246. Fiscal Year 1988-1989 budget surplus; first use payment; unfunded accrued liability

RS 39:246 - Fiscal Year 1988-1989 budget surplus; first use payment; unfunded accrued liability
A. Any provision of this Title or any other law to the contrary notwithstanding, up to twenty-two million dollars of any state general fund operating surplus as certified by the Revenue Estimating Conference, for the Fiscal Year 1988-1989 not appropriated shall be used first to reduce the unfunded accrued liability payment due from parish and city school boards to the Teachers' Retirement System for Fiscal Year 1989-1990. Immediately upon determining the amount of such surplus, the treasurer shall pay to the Teachers' Retirement System from such surplus the amount available and necessary to so reduce the unfunded accrued liability payment due that system by the parish and city school boards for Fiscal Year 1989-1990. Such payment shall be made and applied after application of the credit from the overpayment of 1988-1989 as authorized in Act 4 of the First Extraordinary Session of 1989.
B. No monies shall be paid under the provisions of this Section until the local school board has rolled forward to the maximum millage allowed by law to provide the maximum funding allowed.
C. The provisions of this Section shall not take effect until and unless all merit increases for state civil service employees have been totally funded or compromised and paid for Fiscal Year 1988-1989.
Acts 1989, No. 809, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:249. Prohibition of pornography on state computers

RS 39:249 - Prohibition of pornography on state computers
A.(1) The division of administration shall adopt policies regarding the acceptable use by state employees who use state-owned or state-leased computers to access the internet and online sites that contain harmful material which is reasonably believed to be sexually explicit, pornographic, or sexually harassing and, therefore, reasonably believed to create a hostile work environment as prohibited by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.
(2) The provisions of this Section shall apply to the state-owned or state-leased computers which are in the care, custody, or control of the division of administration or in the care, custody, or control of any other state agency which is subject to the provisions of R.S. 39:15.3.
B. In conjunction with any policy adopted pursuant to the provisions of this Section, the division of administration, through the office of technology services, shall implement and utilize computer-related technology or internet service provider technology designed to block access or exposure to any harmful materials as specified in Subsection A of this Section.
C. The provisions of this Section shall not prohibit an authorized employee from having unfiltered or unrestricted access to the internet or an online service for legitimate scientific purposes, educational purposes, or law enforcement purposes as determined and approved by the employee’s agency and in compliance with the policies adopted pursuant to this Section.
D. The provisions of this Section are not intended to prohibit any state employee from having unfiltered or unrestricted access to the internet or any online service on a computer or device that is not owned or leased by the state, so long as the employee does not use the computer or device to access any harmful material, as specified in Subsection A of this Section, while the employee is in the course and scope of his state employment.
Acts 2018, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:251. Short title

RS 39:251 - Short title
This Part may be cited as the "Energy Management Act of 2001".
Acts 1984, No. 662, §1, eff. July 1, 1984; Acts 1986, No. 255, §1, eff. July 1, 1986; Acts 2001, No. 1184, §1, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:252. Purpose

RS 39:252 - Purpose
The purpose of this Part is to provide for development and implementation of a state energy management policy regarding all state-owned buildings and facilities in a manner which will minimize energy consumption and ensure that buildings and facilities are operated with maximum efficiency of energy use.
Acts 1984, No. 662, §1., eff. July 1, 1984; Acts 1986, No. 255, §1, eff. July 1, 1986; Acts 2001, No. 1184, §1, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:254. Implementation of recommendations; funding

RS 39:254 - Implementation of recommendations; funding
A. Implementation of energy cost-saving measures or on-site generation projects shall be made on a funds available basis or through the use of a performance contract or service agreement requiring no expenditure. Energy cost-saving measures and on-site electrical generation projects involving a capital investment must have a positive life cycle cost analysis.
B.(1) Agencies able to demonstrate net savings from implementing ECSMs initiated by the agency may retain all of the utility expenditure savings until the investment costs of implementing the ECSMs are paid in full, and thereafter may retain one-half of the utility expenditure savings over the remaining useful life of the ECSMs. Such retained utility expenditure savings shall be from funds appropriated or allocated for utility costs to such agency.
(2) Agencies able to demonstrate net savings from implementing ECSMs which were initiated by the agency prior to June 29, 2001, may retain all of the utility expenditure savings for the useful life of the ECSMs. Such retained utility expenditure savings shall be from funds appropriated or allocated for utility costs to such agency.
(3) The division of administration shall develop and promulgate such rules and regulations as are necessary to provide for the measurement and verification of energy savings.
(4) The provisions of Subsection B of this Section shall not apply to postsecondary institutions.
Acts 1984, No. 662, §1, eff. July 1, 1984; Acts 1986, No. 255, §1, eff. July 1, 1986; Acts 2001, No. 1184, §1, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:255. Application

RS 39:255 - Application
The provisions of this Part pertaining to capital investments shall apply to all state-owned buildings and facilities and not to buildings and facilities leased by state agencies. The other provisions of this Part shall apply to the state-owned buildings and facilities and to that portion occupied or used by state agencies in buildings or facilities leased by the agency. The provisions of this Part shall apply to all agencies and departments of state government, including institutions of higher education and their respective management boards.
Acts 1984, No. 662, §1, eff. July 1, 1984; Acts 1986, No. 255, §1, eff. July 1, 1986; Acts 2001, No. 1184, §1, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:256. Compliance

RS 39:256 - Compliance
An agency failing to comply with the provisions of this Part shall file a report with the division of administration and the Joint Legislative Committee on the Budget stating the reasons it is unable to comply. The commissioner of administration shall withhold from the appropriations of any agency failing to comply with the provisions of this Part an amount equal to five percent of the amount appropriated to the agency for energy costs only if approved by the Joint Legislative Committee on the Budget. The commissioner of administration shall release any amounts withheld upon an agency's compliance with the provisions of this Part less the amount used by the division of administration for collecting energy data from the non-complying agency. The use and expenditure of such amounts by the division of administration are subject to approval by the Joint Legislative Committee on the Budget.
Acts 1984, No. 662, §1, eff. July 1, 1984; Acts 1986, No. 255, §1, eff. July 1, 1986; Acts 2001, No. 1184, §1, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:257. Reporting requirements

RS 39:257 - Reporting requirements
The division of administration shall report annually to the Joint Legislative Committee on the Budget and the Legislative Fiscal Office the results of the energy cost-saving measures undertaken pursuant to this Part and the savings generated by such measures.
Acts 1984, No. 662, §1, eff. July 1, 1984; Acts 1986, No. 255, §1, eff. July 1, 1986; Acts 2001, No. 1184, §1, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:302. Adaptation for persons with disabilities

RS 39:302 - Adaptation for persons with disabilities
To the extent possible, and except as constrained by its appropriation for technology purchases, a state agency shall take reasonable steps relative to procurement to ensure that state employees with disabilities have access to data processing equipment, related services, and software that has been adapted in a manner to enable such technology to be used by such state employees to the extent necessary to perform job-related duties.
Acts 1997, No. 927, §2; Acts 2001, No. 772, §3, eff. July 1, 2001; Acts 2014, No. 811, §21, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:303. §§303, 304. Repealed by Acts 1968, No. 38, §3, eff. July 31, 1968.

RS 39:303 - §§303, 304. Repealed by Acts 1968, No. 38, §3, eff. July 31, 1968.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:311. §§311 to 316 Terminated by Acts 1976, No. 538, §2, eff. March 10, 1980

RS 39:311 - §§311 to 316 Terminated by Acts 1976, No. 538, §2, eff. March 10, 1980
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:321. Definitions

RS 39:321 - Definitions
Except where the context clearly otherwise indicates, for purposes of this Part the following definitions shall apply:
(1) "Agency" means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state, but not any governing body or officer of any local government or subdivision of the state, district attorney, sheriff, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions.
(2) "Auction by sealed bid" means the sale by auction that takes place when confidential offers are presented and the thing is sold to the qualified bidder who offers the highest price.
(3) "Commissioner" means the commissioner of administration.
(4) "Division" means the division of administration.
(5) "Internet " means the global information system that is logically linked together by a globally unique address space based on the internet protocol or its subsequent extensions, is able to support communications using the transmission control protocol/internet protocol suite or its subsequent extensions, and other internet protocol compatible protocols, and provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described herein.
(6) "Internet computer auction" means the sale by auction that takes place when offers are placed through the use of electronic technology including the internet and the thing is sold to the qualified bidder who offers the highest price.
(7) "Live public auction" means the sale by auction that takes place when the thing is offered publicly by a live auctioneer to be sold to the qualified bidder who offers the highest price.
(8) "Property" means tangible non-consumable movable property owned by an agency.
Added by Acts 1964, No. 115, §1. Acts 1983, No. 366, §1; Acts 2004, No. 19, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:322. Appointment of property managers

RS 39:322 - Appointment of property managers
The head of each agency shall designate one of its officers or employees as property manager for the agency. If an agency has a large amount of property or if its property is kept in more than one location, or is used in pools, the commissioner may authorize the appointment of more than one property manager and the division of responsibility among the property managers in the agency. The heads of agencies shall allow property managers the necessary time and provide them with the necessary supplies and assistance for performance of their duties under this Part, and the heads of the agencies shall be responsible for seeing that the provisions of this Part are carried out.
Added by Acts 1964, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:324. Inventory of property

RS 39:324 - Inventory of property
A. Each property manager shall make a complete physical inventory of the property of his agency once each fiscal year. The agency shall establish and maintain a master file of the agency inventory of movable property. The master file shall contain the following information:
(1) A description of the property.
(2) The manufacturer's serial number, if any.
(3) The description and location of the identification mark.
(4) The original cost of the property.
(5) The principal place where the property is housed, garaged, stored, or used.
B. The property manager shall keep the property master file updated by submitting to the commissioner of administration monthly all property transactions. The commissioner will furnish the agency a printout of these transactions, which will be maintained according to the retention schedule of records.
Acts 1983, No. 167, §1; Acts 1983, No. 167, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:325. Inventory reports; head of agency to furnish information

RS 39:325 - Inventory reports; head of agency to furnish information
Upon completion of the initial inventory each property manager shall submit an inventory report to the commissioner and the Legislative Auditor containing a list of all property items in his custody, together with descriptive information as set forth in R.S. 39:324. Upon completion of each subsequent annual inventory, each property manager shall submit to the commissioner and the Legislative Auditor a certified report containing all exceptions or discrepancies found in relating physical and perpetual inventory records. The annual report also shall include a listing of idle or surplus items available for transfer or disposition.
Added by Acts 1964, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:326. Regulations of commissioner governing inventories, inventory reports, other records; sanctions for noncompliance

RS 39:326 - Regulations of commissioner governing inventories, inventory reports, other records; sanctions for noncompliance
A. The commissioner is authorized to make regulations governing the manner in which inventories shall be conducted, the maintenance of the files, and the information to be included therein, in addition to the information required by this Part.
B. The commissioner shall make regulations establishing systems of accounting for property, keeping of records, submission of reports and the forms thereof, in addition to the procedures, records and reports otherwise required by this Part. The commissioner may furnish any of such forms and require their use by property managers.
C. The commissioner, by regulations applying uniformly to all budget units, may designate:
(1) Categories or particular items of property which shall be considered to be movable for purposes of this Part even though connected with, attached to, or placed upon immovable property; and
(2) Categories or particular items of property which shall be considered nonconsumable for purposes of this Part.
D. In addition to other powers, the commissioner shall have the authority to invoke any or all of the following sanctions when an agency is found by the commissioner to be in noncompliance with this Part or with the regulations adopted in accordance herewith:
(1) Call in the performance bond filed with the commissioner by the agency's property manager or, if the agency has more than one property manager, the property manager responsible for the activities or property found to be in noncompliance.
(2) Until compliance is accomplished, restrict the acquisition by the agency of property or require the approval of the commissioner for such acquisition.
(3) At the agency's expense, contract for the resources necessary to accomplish compliance by the agency.
(4) Take other action or combination of actions as authorized until compliance by the agency is accomplished.
Acts 1983, No. 167, §1; Acts 1995, No. 1082, §1, eff. June 29, 1995.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:327. Records and documents subject to examination

RS 39:327 - Records and documents subject to examination
All property records and reports and the invoices, receipts and other supporting documents therefor of each agency shall be subject to examination by the commissioner and the Legislative Auditor, and by their representatives.
Added by Acts 1964, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:328. Notice to commissioner prior to inventory; supervision by division

RS 39:328 - Notice to commissioner prior to inventory; supervision by division
Each property manager shall notify the commissioner in writing of the date or dates on which any property inventory in his agency will be conducted, which notice shall be mailed at least thirty days prior to the date the inventory is to begin. The commissioner or his representatives may supervise all or any part of any inventory. For the purpose of testing the completeness and accuracy of inventories, records and reports, the commissioner shall cause periodic observations of inventories and examinations of records to be made and shall cause reports submitted to him to be compared periodically with records of the agencies and with the physical property of the agencies.
Added by Acts 1964, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:329. Annual audit by Legislative Auditor

RS 39:329 - Annual audit by Legislative Auditor
During his annual audit of each agency the Legislative Auditor shall cause an examination of the records and property of the agencies to be made, insofar as is practicable, to determine whether the provisions of this Part and the regulations of the commissioner have been complied with. The audit reports of the Legislative Auditor shall contain specific comment on property control, and shall point out any inaccuracies or failure of compliance with the provisions of this Part or the regulations of the commissioner.
Added by Acts 1964, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:330.1. Sale of surplus property

RS 39:330.1 - Sale of surplus property
A.(1) Notwithstanding any other provision of law to the contrary and except as provided by R.S. 39:330(G), the commissioner of administration, on behalf of the state, is hereby authorized to sell surplus movable property of any board, commission, agency, or department of the state at public auction. In the case of live public auction, the commissioner of administration may hire qualified licensed auctioneers to handle said sale, who shall be compensated from the proceeds of such sale. Selection of an auctioneer shall be by competitive bid under the provisions of the Louisiana Procurement Code, R.S. 39:1551 et seq. The selection of the auctioneer shall be for the period of one year and the commissioner shall be required to select the auctioneer by competitive bid annually.
(2) In the case of sale by internet computer auction, the commissioner of administration is authorized to sell surplus movable property through the use of electronic technology including internet web sites that facilitate such sales. The commissioner is further authorized to pay any costs associated with the sale from the proceeds of such sale. The commissioner is further empowered to sell surplus movable property through any form of electronic technology, including internet web sites created expressly for that purpose whether privately or publicly owned.
B. The provisions of this Section shall not apply to sales of timber on lands under the jurisdiction of the Department of Agriculture and Forestry. The Department of Agriculture and Forestry, through the office of forestry, shall be responsible for the sale of all timber on land under the jurisdiction of the Department of Agriculture and Forestry. Sales of timber shall be in accordance with rules adopted by the Department of Agriculture and Forestry, which shall comply with the following provisions:
(1) The timber shall be sold by bids which shall be opened publicly.
(2) The timber shall be sold to the highest responsible bidder.
(3) The Department of Agriculture and Forestry may reject any bid for cause.
(4) The Department of Agriculture and Forestry may reject all bids and rebid the sale or decline to sell the timber.
(5) The Department of Agriculture and Forestry shall advertise the future sales of timber in the official journal of the state on two occasions at least thirty days prior to the deadline for accepting bids.
Added by Acts 1977, No. 494, §1; Acts 1987, No. 612, §1; Acts 1988, No. 1002, §1, eff. Aug. 1, 1988; Acts 1998, 1st Ex. Sess., No. 112, §1, eff. May 5, 1998; Acts 2004, No. 19, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:330.2. Disposal of surplus telecommunications equipment

RS 39:330.2 - Disposal of surplus telecommunications equipment
Prior to the disposition of any surplus telecommunications equipment the commissioner of administration first shall contact the director of the Office of Telecommunications Management, who shall have the authority to designate the state agency to which the equipment shall be transferred, or* shall have the authority to determine if the equipment may be disposed of through other methods provided for in this Part.
Acts 1984, No. 618, §1.
*As appears in enrolled bill.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:330.3. Sale of damaged property held by the office of risk management

RS 39:330.3 - Sale of damaged property held by the office of risk management
Any property which has been damaged, is insured by the office of risk management in the division of administration, and is being held by the office of risk management under the terms of the insurance coverage shall be disposed of under the provisions of this Part only after approval by the office of risk management. Funds received by the sale of any such property shall be remitted to the office of risk management to the extent of payment by the office of risk management for the insured loss. Any funds received in excess of the insured loss shall be credited to the state general fund.
Added by Acts 1988, No. 52, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:332. Regulations and orders by commissioner

RS 39:332 - Regulations and orders by commissioner
In addition to specific authorizations contained in this Part, the commissioner shall have power and authority to make necessary and reasonable regulations and orders to carry out the provisions of this Part, and such regulations and orders shall have the effect of law.
Added by Acts 1964, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:332.1. State Buildings and Lands Highest and Best Use Advisory Group; creation

RS 39:332.1 - State Buildings and Lands Highest and Best Use Advisory Group; creation
A. The State Buildings and Lands Highest and Best Use Advisory Group, hereinafter referred to as the "Advisory Group" is hereby created to be composed of the director of the office of facility planning and control, the director of the office of state lands, the director of the office of risk management, and the director of the office of statewide reporting and accounting policy or their designees.
B. The Advisory Group shall advise the commissioner of administration on all matters relating to state-owned property and development opportunities for the state to enter into public-private development partnerships with private, nonprofit or public partners, chosen by competitive bid, in order to develop and manage state-owned real estate in a manner that achieves the highest and best use of the property.
C.(1) By the first of November each year, each agency in the executive branch, including each higher education agency which is funded or proposed by the Board of Regents to be funded through the higher education funding formula, working in cooperation with the parish planning authority or parish governing authority of the parish in which the property is located, shall report to the Advisory Group any land or buildings under the control of such agency that, in the estimation of the agency, is being underutilized or may represent an opportunity to be developed in accordance with the highest and best use of the property.
(2) The Advisory Group shall review and analyze the various reports and shall, not later than January fifteenth of each year, make recommendations to the commissioner of administration regarding which properties present the most promise for development including public-private development.
(3) The commissioner shall review the list of properties recommended by the Advisory Group and finalize the list of properties by accepting the list or by removing properties from the list. At the regular March meeting of the Joint Legislative Committee on the Budget, the commissioner of administration shall present the final list of such properties with a plan for the development of the highest and best use of such properties.
Acts 2010, No. 73, §1, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:333. Scope of part

RS 39:333 - Scope of part
This Part shall govern the duties and authorities of the commissioner of administration relating to the powers, functions, duties, and programs affecting appropriations control, heretofore vested in and exercised by the state comptroller but merged and consolidated with said Division of Administration by Act No. 690 of 1972 (R.S. 49:316).
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:335. Levee districts and duties of commissioner of administration

RS 39:335 - Levee districts and duties of commissioner of administration
With respect to levee districts, the commissioner of administration shall:
(1) Warrant the direct exchange of new for old bonds as outlined in R.S. 38:414.
(2) Warrant the sale of bonds for redemption of outstanding bonds and for other purposes as outlined in R.S. 38:415 and 38:416.
(3) Warrant the payment of any interest coupons of levee boards and in so issuing, pursuant to R.S. 38:417, punch twice in the center each and every coupon so paid, and paste the coupons so punched in a book or register to be kept by him for that purpose.
(4) If there is a failure of the levee board to levy the taxes and local contributions, as provided for in R.S. 38:417 and R.S. 38:418, or in case, from any other cause the taxes and local contributions are not so levied, order the proper officers to extend the taxes upon the assessment rolls of the parishes and parts of parishes composing the levee district, and order the proper officers of the parishes and parts of parishes to collect the taxes and local contributions to an amount sufficient to meet the purposes provided for by R.S. 38:417 and R.S. 38:418.
(5) Warrant against the various levee district funds for an amount necessary to pay the additional expense of auditing, keeping, and paying the accounts of the funds, shall not exceed twenty-four hundred dollars.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:336. Extra compensation for deputy sheriffs

RS 39:336 - Extra compensation for deputy sheriffs
The state treasurer shall calculate a monthly extra compensation allowance for full-time commissioned deputy sheriffs under the requirements and amounts specified in R.S. 40:1667.7. He shall specify the amount of compensation to be paid to each such officer in each parish and shall remit such sums of money to the sheriff of each parish for credit to the sheriff's salary fund of the parish.
Added by Acts 1976, No. 649, §1. Amended by Acts 1978, No. 766, §3; Acts 2014, No. 158, §§3 and 7.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:337. Settlement of claims on bonds due state

RS 39:337 - Settlement of claims on bonds due state
When the commissioner of administration is satisfied, either from his own knowledge of the facts or by returns made on execution of writs of fieri facias, that the state cannot meet the amount due on the old bonds or obligations due the state, by compulsory process, then he may enter into such arrangements and make such compromises with the principals or their securities as he deems most advantageous for the state, and to cancel such bonds or obligations upon payment of a portion thereof, and he shall make a detailed report to the legislature of each such action taken and of his reasons therefor.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:338. Compromise of tax claims on property adjudicated to the state

RS 39:338 - Compromise of tax claims on property adjudicated to the state
The commissioner of administration shall have full power and authority to compromise all claims of the state for taxes due on property adjudicated to the state by remission of all interest and costs, conditional upon payment by the owner of the property of all taxes due; however, this Section shall apply only to properties of the value of one thousand dollars and less, and shall not apply to taxes with respect to which the tax privilege or mortgage has not prescribed.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:339. All claims to be exhibited to commissioner of administration

RS 39:339 - All claims to be exhibited to commissioner of administration
All persons having claims against the state shall exhibit them, with supporting evidence to the commissioner of administration or his duly authorized representative to be audited, settled and allowed, within two years after the claim accrues. No claim or debt shall be allowed against the state unless exhibited to the commissioner of administration or his duly authorized representative, except when it is proved that the claimant or creditor has vouchers which he could not produce to the commissioner of administration or his duly authorized representative on account of sickness, unavoidable accident or absence from the state.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:340. Examination of witnesses on oath

RS 39:340 - Examination of witnesses on oath
Whenever the commissioner of administration finds it necessary for the proper settlement of any account, he or his authorized representative may examine the parties and others on oath or affirmation, touching any fact material to be known in the settlement of the account, and for that purpose may cause a subpoena to issue to compel witnesses to attend before him and give evidence in the manner provided by law.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:341. Copy of oath to be transmitted to commissioner of administration

RS 39:341 - Copy of oath to be transmitted to commissioner of administration
Immediately after any officer of this state whose compensation depends upon or is to be computed by time of service, qualifies to enter upon the discharge of his duties by taking and subscribing the necessary constitutional oath, he shall transmit to the commissioner of administration a true copy of the oath. The commissioner shall cause the date thereof to be recorded in a book which he shall keep for that purpose. The officer's salary shall commence from the date on which the oath is taken.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:342. Execution and recordation of notary bond; filing of certificate of competency

RS 39:342 - Execution and recordation of notary bond; filing of certificate of competency
The bond required of notaries by R.S. 35:191 shall be executed before the clerk of court and ex officio recorder of mortgages for the parish where the notary will exercise the functions of his office and, together with the certificate of competency provided for by law, shall be filed in the office of the commissioner of administration. The bond shall be subscribed in favor of the governor, approved by the clerk, and if secured by personal surety, recorded in the mortgage office of the parish where the notary will exercise his functions, in a special book kept for that purpose.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:343. Accounts, vouchers, and documents to be preserved; copies

RS 39:343 - Accounts, vouchers, and documents to be preserved; copies
The commissioner of administration shall preserve in his office all accounts, vouchers and documents settled by him, and give copies thereof, duly authenticated, to any interested person.
Added by Acts 1976, No. 649, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:344. Warrants; form

RS 39:344 - Warrants; form
A. In all cases of accounts which are audited and allowed against the state, and in all cases of grants, salaries, and expenses allowed by law, the commissioner of administration shall draw a warrant upon the state treasurer for the amount due.
B. This warrant shall contain a certification showing the amount due by the state, the reason therefor, to whom it is due, and a direction to the state treasurer to pay this sum out of funds appropriated for that purpose.
Added by Acts 1976, No. 649, §1.