§ 39:128 — Exemptions

Louisiana § 39:128

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§128. Exemptions
A. Facilities to house the legislature or any agency within the legislative branch of
government shall be exempt from the provisions of this Part.
B.(1) Minor repairs, renovation, or construction of buildings or other facilities or the
purchase of land, buildings, or other facilities when the construction cost or purchase price
is less than or equal to one million dollars, adjusted annually in accordance with the United
States Bureau of Labor Statistics' consumer price index for all urban consumers as published
in January of each year, may be undertaken by or on the campus of a state college, university,
higher education facility, or consortium without being included in the capital outlay budget
but shall be subject to the approval of the Board of Regents and the appropriate management
board, or any successor. A state college, university, higher education facility, or consortium
may not incur debt to fund any project that is not included in the capital outlay budget other
than a short-term loan not to exceed one year for the purposes included in this Paragraph.
Any short-term loan shall be issued in accordance with the provisions of Title 17 of the
Louisiana Revised Statutes of 1950, and shall not constitute or create any debt, liability, or
loan of the credit of or a pledge of the full faith and credit of the state but shall be solely the
obligation of the appropriate governing board or postsecondary education management
board, or any successor.
(2) Repealed by Acts 2024, No. 427, §2, eff. June 3, 2024.
(3) For the purpose of this Section, "construction cost" shall not be construed to
include design fees or movable equipment.
(4)(a)(i) A university, higher education facility, or consortium shall be allowed to
undertake any new construction, maintenance, or repair project not exceeding ten million
dollars solely funded from self-generated revenues, grants, donations, or local or federal
funds without being included in the Capital Outlay Bill, provided that the project is approved
by the appropriate governing board or management board; the Board of Regents; the division
of administration, office of facility planning and control; and the Joint Legislative Committee
on the Budget. The office of facility planning and control shall issue the necessary contracts
for the project and shall disburse funds to pay the costs of the project. The university, higher
education facility, or consortium shall remit project funding to the office of facility planning
and control for deposit in the state treasury at such time as may be deemed necessary by the
office of facility planning and control in order to cover the amount of contracts or other
project expenses. Any surplus of the project funding and any interest earned on the funds
shall be refunded to the university, higher education facility, or consortium by the state
treasurer.
(ii) Notwithstanding the provisions of R.S. 39:113 and Item (i) of this Subparagraph,
the division of administration, office of facility planning and control, may delegate
administration of such projects as it deems appropriate to the appropriate governing board
or higher education management board through a cooperative endeavor agreement provided
a written request to do so is made through and by the appropriate governing board or higher
education management board for the planning, design, and construction of such project.
(b) A state college, university, higher education facility, or consortium may not incur
debt to fund any project not included in the capital outlay budget other than a short-term loan
not to exceed one year payable from fees and self-generated revenues, as provided in
Paragraph (B)(1) of this Section.
(c) The exemption authorized by this Paragraph shall apply only to those projects
that otherwise could not be accomplished in the normal capital outlay process due to timing
or funding constraints.
C. Except as provided by Subsections B and F of this Section, repairs, renovations,
or construction of buildings or other facilities may be undertaken by an agency without being
included in the capital outlay budget, provided that the cost for repairs, renovation, or
construction of buildings or other facilities for each individual project does not exceed two
hundred fifty thousand dollars. For the purpose of this Subsection, "cost" shall not be
construed to include design fees or movable equipment.
D.(1) Construction of buildings undertaken by the Department of Public Safety and
Corrections, division of prison enterprises, which have a total construction cost of five
hundred thousand dollars or less, which are constructed primarily with inmate labor, and
private sector labor, which are constructed on the grounds of a correctional facility, which
will house revenue-generating inmate labor programs, and the construction of which is
funded with self-generated funds shall be exempt from the provisions of this Part. The
authority to utilize inmate labor on projects with a construction cost which exceeds two
hundred thousand dollars shall terminate June 30, 2003.
(2) Prior to construction, a list describing the projects submitted in Paragraph (1) of
this Subsection shall be provided to the Senate Committee on Revenue and Fiscal Affairs and
the House Committee on Ways and Means for approval. No such project shall be initiated
prior to receipt of such approval.
(3) No later than thirty days prior to submission for approval under the provisions
of Paragraph (2) of this Subsection, the division of prison enterprises shall place a notice of
the proposed project in the official journal of the parish where the project will be located.
E. For the purposes of this Section, the term "consortium" means the Louisiana
Universities Marine Consortium for Research and Education established pursuant to R.S.
17:3452.
F. Minor repairs, renovation, or construction of buildings or other facilities or the
purchase of land, buildings, or other facilities when the construction cost or purchase price
is less than or equal to one million dollars, adjusted annually in accordance with the United
States Bureau of Labor Statistics' Consumer Price Index for All Urban Consumers as
published in January of each year, may be undertaken by the Department of Culture,
Recreation and Tourism without being included in the capital outlay budget but shall be
subject to the approval of the lieutenant governor. The Department of Culture, Recreation
and Tourism may not incur debt to fund any project that is not included in the capital outlay
budget other than a short-term loan not to exceed one year as provided in this Subsection.
Any short-term loan shall be issued in accordance with the provisions of Title 17 of the
Louisiana Revised Statutes of 1950, and shall not constitute or create any debt, liability, or
loan of the credit of or a pledge of the full faith and credit of the state but shall be solely the
obligation of the Department of Culture, Recreation and Tourism.

Legislative History

Acts 1989, No. 836, §1, eff. July 1, 1989; Acts 1995, No. 481, §1, eff. July 1, 1995; Acts 1995, No. 1009, §1, eff. July 1, 1995; Acts 1998, 1st Ex. Sess., No. 116, §1; Acts 1999, No. 1219, §1; Acts 2001, No. 137, §1, eff. July 1, 2001; Acts 2001, No. 1128, §2; Acts 2003, No. 959, §1, eff. July 1, 2003; Acts 2006, No. 78, §1, eff. May 25, 2006; Acts 2008, No. 438, §1; Acts 2014, No. 701, §1; Acts 2022, No. 147, §1; Acts 2023, No. 395, §1; Acts 2024, No. 427, §2, eff. June 3, 2024; Acts 2025, No. 350, §2.