§ 39:101 — Capital outlay budget request; feasibility studies

§101. Capital outlay budget request; feasibility studies
A.(1)(a) Except as provided in Paragraph (2) of this Subsection, no later than the first
day of November each year, the head of each budget unit shall present to the office of facility
planning and control of the division of administration a request for all expenditures for
capital projects falling within the definition contained in R.S. 39:2(9), on forms provided by
the office. However, if a legislator is finally elected after November first, the legislator shall
have until the fifteenth day of December to present such request. A copy of the request shall
also be provided by the head of each budget unit to the Legislative Fiscal Office, the Joint
Legislative Committee on Capital Outlay, the House Committee on Appropriations, the
House Committee on Ways and Means, the Senate Committee on Finance, and the Senate
Committee on Revenue and Fiscal Affairs. Such annual requests shall contain the
information necessary for the feasibility study required pursuant to Article VII, Section 11(C)
of the Constitution of Louisiana and shall include projects proposed to be funded within the
next five years.
(b)(i) An updated capital outlay budget request shall be submitted each year that the
project requires new state funds in order to fully fund the project scope most recently
approved by the legislature or the project has not encumbered a contract for acquiring lands,
buildings, equipment, or construction of a permanent property within the twenty-four-month
period before the submission deadline. The updated request shall reflect all changes in the
project that occurred since the previous submission. The resubmission of the capital outlay
budget request shall be subject to all of the requirements and the November first submission
deadline as all other capital outlay budget requests.
(ii) An updated capital outlay budget request shall not be required for any project for
which the work is complete or any project which has been abandoned. A project shall be
considered abandoned when no expenditures occur within the twenty-four-month period
before the submission deadline.
(2) Projects to be funded by and programs for the expenditure of funds from the
Transportation Trust Fund shall be governed by the priority program required by Article VII,
Section 27 of the Constitution of Louisiana. Any form for submission together with
supporting information and documents for such projects shall constitute the feasibility study
required by Article VII, Section 11(C) of the Constitution of Louisiana.
(3) Any project or component of a project funded in a capital outlay act, which is not
funded through a cash or non-cash line of credit as approved by the state bond commission
or is not under contract in any one fiscal year, shall not be considered in any subsequent year
unless a new request is made therefor. Such request shall be submitted as provided in this
Section.
B.(1)(a) All officials of political subdivisions, ports, levee districts, and other non-state entities shall submit their proposed capital projects through the senator and
representative in whose district the proposed capital project will be located on forms
provided by the office of facility planning and control. Each legislator shall forward the
original request to the office, and a copy of the original request to the Legislative Fiscal
Office, the Joint Legislative Committee on Capital Outlay, the House Committee on
Appropriations, the House Committee on Ways and Means, the Senate Committee on
Finance, and the Senate Committee on Revenue and Fiscal Affairs, with his recommendation
for approval or disapproval or without recommendations.
(b) The request shall contain the signature of either the senator or representative in
whose geographic area the project is located, or a letter specifically endorsing the request.
The signatures and/or letter shall be required for consideration of the project by the division
of administration.
(c) Such requests and letters of support shall be submitted to the office of facility
planning and control no later than the first day of November of each year.
(d) Any form for submission together with the legislative endorsement and other
supporting information and documents for such projects shall contain the information
necessary for the feasibility study required by Article VII, Section 11(C) of the Constitution
of Louisiana.
(2) The legislature shall not include funding within the capital outlay act for a project
or projects of a non-state entity until such time as the non-state entity has certified to the
division of administration that bond funding or other sources of funding sufficient to fund
the project or projects is not otherwise available to the non-state entity. The division of
administration may promulgate such rules and regulations as are necessary for the
implementation of this Paragraph. However, such rules and regulations shall be approved
by the House Committee on Appropriations, the House Committee on Ways and Means, the
Senate Committee on Finance, and the Senate Committee on Revenue and Fiscal Affairs
before they are promulgated.
(3) Repealed by Act No. 1997, No. 3, §8, eff. July 1, 1997.
C. Any legislator desiring the expenditure of state funds for any capital projects
falling within the definition contained in R.S. 39:2(9) shall comply with the provisions of
this Section.
D.(1) The provisions of Subsection B of this Section shall not be applicable to and
shall not be followed with respect to streets, roads, highways, and bridges. The provisions
of R.S. 48:228 shall govern in establishing priorities and construction programs for all
streets, roads, highways, and bridges within the state and local system. Any street, road,
highway, or bridge not in compliance and conformity with the provisions of R.S. 48:228
shall not be included in the capital outlay acts.
(2) The provisions of Subsection B of this Section shall not be applicable to and shall
not be followed with respect to any flood control or drainage project. The provisions of R.S.
38:90.1 et seq. shall govern in establishing the priorities for any such projects. Any flood
control or drainage project except for watershed program projects not in compliance and
conformity with the provisions of R.S. 38:90.1, et seq. shall not be included in the capital
outlay acts.
(3) The provisions of this Subsection shall not be applicable to any project which the
commissioner of administration determines is an economic development project.
E. Upon receipt of the request required by this Section, the division of administration
shall certify the date and time when the request was received.
F.(1) The office of facility planning and control shall assign a project number to each
project for which a budget request is received by that office. It shall also assign a project
number to projects included in the enrolled version of the capital outlay bill for which a
project number has not been previously assigned.
(2) All projects must have a unique project number, and that number must be used
to identify a project in all reports required by law.
(3) The office of facility planning and control shall establish a system of
categorization of projects requested to be funded through the capital outlay act. The division
of administration may promulgate such rules and regulations as are necessary for the
implementation of this Paragraph. However, such rules and regulations shall be approved
by the House Committee on Appropriations, the House Committee on Ways and Means, the
Senate Committee on Finance, and the Senate Committee on Revenue and Fiscal Affairs
before they are promulgated.

Legislative History

Acts 1989, No. 836, §1, eff. July 1, 1989; Acts 1993, No. 683, §1; Acts 1994, 3rd Ex. Sess., No. 133, §1, eff. July 1, 1994; Acts 1997, No. 3, §8, eff. July 1, 1997; Acts 1997, No. 1346, §1, eff. July 1, 1997; Acts 2001, No. 1032, §13; Acts 2008, No. 911, §1, eff. July 1, 2008; Acts 2016, No. 419, §1; Acts 2020, No. 45, §1.