§ 39:122 — Commencement of work; delays in construction; public statement; allocated funds

§122. Commencement of work; delays in construction; public statement; allocated funds
A.(1) No work shall commence and no contract shall be entered into for any project
contained in the Capital Outlay Act unless and until funds are available from the cash sources
indicated in the act or from the sale of bonds or from a line of credit approved by the State
Bond Commission, except for funds that are received as supplemental funds for ongoing
projects for which contracts have been issued and contracts for Department of Transportation
and Development projects which are subject to the provisions of R.S. 48:251(D).
(2) State-owned projects planned for the fiscal year in which an appropriation has
been funded shall be commenced in that fiscal year and the administering agencies shall
diligently commence work on those projects in accordance with the provisions of the annual
capital outlay act; Titles 38, 39, and 48 of the Louisiana Revised Statutes of 1950; and any
other applicable statutory provision. If a project cannot be commenced within the fiscal year
for which it is planned, the administering agency shall file with the project records a public
statement as to the factors causing the delay. The administering agency shall send a copy of
the public statement regarding the cause of the delay and notice when the delaying factors
have been overcome, no later than the first day of February each year, to the Joint Legislative
Committee on Capital Outlay and to each senator and representative in whose district the
project is located. When the cause of the delay has been cured, the administering agency shall
commence the work immediately and expeditiously.
(3) The Joint Legislative Committee on Capital Outlay shall make recommendations
to the commissioner of administration concerning the non-state entity projects to be granted
lines of credit. The commissioner of administration shall submit to the Joint Legislative
Committee on Capital Outlay a list of projects that will be submitted to the State Bond
Commission for lines of credit a minimum of five days prior to the submission to the State
Bond Commission.
B.(1) Ports, levee districts, and other non-state entities shall wait until there is a fully
executed cooperative endeavor agreement and final approval has been given by the facility
planning and control section of the division of administration, the Department of
Transportation and Development, or the state treasurer, whichever is applicable, before
entering into contracts obligating state funds.
(2) If a port, levee district, or other non-state entity, enters into a contract, executes
a purchase order or otherwise attempts to obligate any funds to be reimbursed by the state
without first fully complying with the provisions of this Section, any obligation resulting
therefrom shall remain the sole responsibility of the port, levee district, or non-state entity,
and the contract or purchase order or other obligation shall not be eligible for reimbursement
or payment by the state.

Legislative History

Acts 1989, No. 836, §1, eff. July 1, 1989; Acts 1997, No. 1346, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 161, §2, eff. May 7, 1998; Acts 2008, No. 911, §1, eff. July 1, 2008; Acts 2020, 2 nd Ex. Sess., No. 39, §1, eff. Oct. 28, 2020; Acts 2023, No. 388, §1.