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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 292
BY SENATOR DONAHUE
CAPITAL OUTLAY. Constitutional amendment to require that at least 60% of capital
outlay appropriation is for road and bridge construction and maintenance and at least 20%
for deferred maintenance on state buildings for next five years. (2/3 CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article VII, Section 11(C) of the Constitution of Louisiana, relative to2
the capital outlay budget; to require that for the five fiscal years beginning with3
Fiscal Year 2011-2012 not less than sixty percent of the annual general obligation4
bond cash line of credit capacity be appropriated for the costs necessary or incidental5
to state owned road and bridge construction and maintenance projects, including6
infrastructure improvements, and that not less than twenty percent of the annual7
general obligation bond cash line of credit capacity be appropriated for the costs8
necessary or incidental to deferred maintenance projects, including infrastructure9
improvements, on state owned buildings, including colleges and universities; to set10
the limit of general obligation bond cash line of credit capacity; to specify an11
election for submission of the proposition to electors and provide a ballot12
proposition; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. Be it resolved by the Legislative of Louisiana, two-thirds of the members15
elected to each house concurring, that there shall be submitted to the electors of the state, for16
their approval or rejection in the manner provided by law, a proposal to amend Article VII,17 SB NO. 292
SLS 10RS-477 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 7(C) of the Constitution of Louisiana, to read as follows:1
ARTICLE VII2
§11. Budgets 3
Section 11.4
* * *5
(C) Capital Budget. (1) The governor shall submit to the legislature, at each6
regular session, a proposed five-year capital outlay program and request7
implementation of the first year of the program. Prior to inclusion in the8
comprehensive capital budget which the legislature adopts, each capital improvement9
project shall be evaluated through a feasibility study, as defined by the legislature,10
which shall include an analysis of need and estimates of construction and operating11
costs. The legislature shall provide by law for procedures, standards, and criteria for12
the evaluation of such feasibility studies and shall set the schedule of submission of13
such feasibility studies which shall take effect not later than December thirty-first14
following the first regular session convening after this Paragraph takes effect. These15
procedures, standards, and criteria for evaluation of such feasibility studies cannot16
be changed or altered except by a separate legislative instrument approved by a17
favorable vote of two-thirds of the elected members of each house of the legislature.18
For those projects not eligible for funding under the provisions of Article VII,19
Section 27 of this constitution, the request for implementation of the first year of the20
program shall include a list of the proposed projects in priority order based on the21
evaluation of the feasibility studies submitted. Capital outlay projects approved by22
the legislature shall be made a part of the comprehensive state capital budget, which23
shall be adopted by the legislature.24
(2) For Fiscal Year 2011-2012 through Fiscal Year 2015-2016, no less25
than sixty percent of the annual general obligation bond cash line of credit26
capacity in the comprehensive state capital budget shall be appropriated for the27
costs necessary or incidental to the construction or maintenance of state owned28
roads and bridges, including infrastructure improvements, and no less than29 SB NO. 292
SLS 10RS-477 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
twenty percent of the annual general obligation bond cash line of credit capacity1
in the comprehensive state capital budget shall be appropriated for the costs2
necessary or incidental to deferred maintenance projects, including3
infrastructure improvements, on state owned buildings, including college and4
university buildings. The annual general obligation bond cash line of credit5
capacity shall be as provided by law. Nothing in this Subparagraph shall affect6
any cash line of credit authorized prior to the effective date of this7
Subparagraph.8
Section 2. Be it further resolved that this proposed amendment shall be submitted9
to the electors of the state of Louisiana at the statewide election to be held on November 2,10
2010.11
Section 3. Be it further resolved that on the official ballot to be used at said election12
there shall be printed a proposition, upon which the electors of the state shall be permitted13
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall14
read as follows:15
To provide that for Fiscal Years 2011-2012 through 2015-2016, no less than sixty16
percent of the annual general obligation bond cash line of credit capacity in the17
comprehensive state capital budget shall be appropriated for the costs necessary or18
incidental to the construction or maintenance of state owned roads and bridges,19
including infrastructure improvements, and no less than twenty percent shall be20
appropriated for the costs necessary or incidental to deferred maintenance projects,21
including infrastructure improvements, on state owned buildings, including college22
and university buildings.23
(Amends Article VII, Section 11(C))24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
Present constitution provides that the governor shall submit to the legislature, at each regular
session, a proposed 5-year capital outlay program and request implementation of the first
year of the program. Prior to inclusion in the comprehensive capital budget which the SB NO. 292
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
legislature adopts, each capital improvement project shall be evaluated through a feasibility
study, as defined by the legislature. Capital outlay projects approved by the legislature shall
be made a part of the comprehensive state capital budget, which shall be adopted by the
legislature.
Proposed constitutional amendment retains present constitutional provision.
Proposed constitutional amendment further provides that for Fiscal Year 2011-2012 through
Fiscal Year 2015-2016, no less than 60% of the annual general obligation bond cash line of
credit capacity in the comprehensive state capital budget shall be appropriated for the costs
necessary or incidental to the construction or maintenance of state owned roads and bridges,
including infrastructure improvements, and no less than 20% of the annual general
obligation bond cash line of credit capacity in the comprehensive state capital budget shall
be appropriated for the costs necessary or incidental to deferred maintenance projects,
including infrastructure improvements, on state owned buildings, including college and
university buildings.
Proposed constitutional amendment provides that "annual general obligation bond cash line
of credit capacity" shall be as provided by law.
Proposed constitutional amendment further provides that proposed constitutional amendment
shall not affect any cash line of credit authorized prior to the effective date of proposed
constitutional amendment.
Specifies submission of the amendment to the voters at the statewide election to be held on
Nov. 2, 2010.
(Amends Art. VII, Sec. 11(C))