Louisiana 2013 Regular Session

Louisiana Senate Bill SB204 Latest Draft

Bill / Chaptered Version

                            Page 1 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013	ENROLLED
SENATE BILL NO. 204
BY SENATORS ADLEY, ALARIO, BROWN, CORTEZ, CROWE, DORSEY-COLOMB,
GALLOT, JOHNS, KOSTELKA, MARTINY, MILLS, MORRELL,
MORRISH, MURRAY, NEVERS, GARY SMITH AND WHITE AND
REPRESENTATIVES ADAMS, ANDERS, ARMES, ARNOLD,
BADON, BARROW, BERTHELOT, BILLIOT, STUART BISHOP,
WESLEY BISHOP, BROSSETT, BROWN, HENRY BURNS, TI M
BURNS, BURRELL, CARTER, CONNICK, COX, DANAHAY,
DIXON, FANNIN, FRANKLIN, GAINES, GISCLAIR, GUINN,
HARRISON, HAVARD, HAZEL, HONORE, HUNTER, IVEY, JAMES,
JEFFERSON, JOHNSON, JONES, KLECKLEY, TERRY LANDRY,
LEGER, LEOPOLD, MILLER, MONTOUCET, MORENO, NORTON,
ORTEGO, PIERRE, POPE, PRICE, PYLANT, REYNOLDS,
RICHARD, RITCHIE, SCHEXNAYDER, SMITH, THIERRY,
WHITNEY, PATRICK WILLIAMS AND WILLMOTT 
AN ACT1
To amend and reenact R.S. 17:3394.3(A) and the introductory paragraph of (B) and to enact2
R.S. 17:3394.3(C) and R.S. 39:1367(E)(2)(b)(v), relative to the issuance of bonds for3
the financing of capital improvements and enhancements to certain facilities and4
properties of colleges within the Louisiana Community and Technical Colleges5
System; to list the projects to be financed; to require private match funds for such6
projects; to provide that no state funds shall be appropriated for such bonds or7
projects until July 1, 2015; to provide that such bonds shall not be included in the8
definition of net state tax supported debt; to provide for an effective date; and to9
provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 17:3394.3(A) and the introductory paragraph of (B) are hereby12
amended and reenacted and R.S. 17:3394.3(C) is hereby enacted to read as follows:13
§3394.3. Authority of board to execute agreements related to the finance of capital14
improvements and enhancements15
A.(1) Projects contained in this Section may, at the direction of the16
board, be funded through the issuance of bonds, notes, or other evidences of17
indebtedness or through financing programs provided by the Louisiana Local18
Government Environmental Facilities and Community Development Authority,19
pursuant to R.S. 33:4548.1 et seq., or a public trust duly organized pursuant to20
ACT No. 360 SB NO. 204	ENROLLED
Page 2 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
R.S. 9:2341 et seq., having for its beneficiary the state, with the approval of the1
State Bond Commission.2
(2) Bonds, notes, or other evidences of indebtedness may be issued as3
serial bonds or as term bonds and shall bear such date or dates, mature at such4
time or times, not exceeding thirty years from their respective dates, bear5
interest at such rate or rates, including variable, adjustable, or zero interest6
rates, be payable at such time or times, be in such denominations, be sold at7
such price or prices, at public or private negotiated sale, after advertisement as8
is provided for in R.S. 39:1426 et seq., be in such form, carry such registration9
and exchangeability privileges, be payable at such place or places, be subject to10
such terms of redemption, as may be provided in the indenture, trust11
agreement, or resolution relating to such bonds. Bonds, notes, or other12
evidences of indebtedness may be sold in such manner and from time to time as13
may be determined by the issuer and the board to be most beneficial, subject to14
approval of the State Bond Commission.15
(3) Projects contained in this Section shall not be required to be included16
in the annual comprehensive capital budget nor obtain legislative approval as17
provided in R.S. 39:112(G).18
(4) Construction projects contained in this Section shall be managed and19
administered by a nonprofit corporation established for such purposes,20
regardless of the source of revenues used to fund such construction projects.21
(5) The board shall exercise its authority granted pursuant to R.S. 17:3361,22
et seq., as may be necessary to provide for the completion of the projects enumerated23
in this Section. The board may grant leases of property under its supervision to a24
nonprofit corporation or to an entity authorized to issue bonds as set forth in25
Paragraph (A)(1) of this Section for the purpose of financing such projects, and the26
sum total amount to be financed therefor shall equal no more than the total value of27
all projects listed herein, plus an amount equal to fifteen percent of such total,28
together with other requirements including but not limited to costs of issuance,29
capitalized interest, if any, credit enhancement and related costs.30 SB NO. 204	ENROLLED
Page 3 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Notwithstanding any provision of R.S. 17:3361, et seq., to the contrary, the term of1
any lease agreement made for purposes of this Part shall not exceed thirty years. No2
monies shall be appropriated for these the purposes set forth in this Part for the3
projects set forth in Subsection B of this Section until July 1, 2008. No monies4
shall be appropriated for the purposes set forth in this Part for the projects set5
forth in Subsection C of this Section until July 1, 2015.6
B. For the purposes of this Part, the following projects and the projects set7
forth in Subsection C of this Section shall comprise the entirety of public facilities8
and projects to be financed under the authorities of this Part and R.S. 17:3361 et seq.9
with respect to these projects. The dollar value listed, plus an amount equal to fifteen10
percent, together with other requirements including but not limited to costs of11
issuance, capitalized interest, if any, credit enhancement and related costs, is the12
maximum amount that may be financed for each of the following projects:13
*          *          *14
C. The projects set forth in Subsection B of this Section and the15
following projects shall comprise the entirety of public facilities and projects to16
be financed under the authorities of this Part and R.S. 17:3361 et seq., with17
respect to these projects.  Each project set forth below shall require a no less18
than twelve percent private match. No project shall be financed until all private19
funds are available for that project. The dollar value listed for each project,20
plus an amount equal to fifteen percent, together with other requirements21
including but not limited to costs of issuance, capitalized interest, if any, credit22
enhancement and related costs, is the maximum amount that may be financed23
for each of the following projects:24
(1)  WORKFORCE AND TECHNICAL EDUCATION25
(a)Baton Rouge Community College,26
East Baton Rouge Parish27
New Workforce Training Center	$  8,100,00028
29
(b)Baton Rouge Community College,30
Smiley Heights Campus31
East Baton Rouge Parish32
Technology Center	$10,200,00033
34 SB NO. 204	ENROLLED
Page 4 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(c)Bossier Parish Community College, 1
Bossier City Campus, Bossier Parish2
Science, Technology, Engineering and 3
Math (STEM) Building	$18,500,0004
5
(d)Capital Area Technical College, Baton6
Rouge Campus, East Baton Rouge Parish7
Welding Center	$  3,330,0008
9
(e)Central Louisiana Technical Community College,10
Alexandria Campus, Rapides Parish11
Workforce Industrial Training Campus $19,000,00012
13
(f)Delgado Community College, Charity School14
of Nursing, Orleans Parish15
New Nursing and Allied Training Building $34,000,00016
17
(g)Delgado Community College, River City Campus,18
West Bank, Jefferson Parish 19
Training Center for Transportation, Maritime, 20
Engineering	$14,000,00021
22
(h)Delgado Community College, New Orleans23
Orleans Parish24
Center for Hospitality and Culinary $  9,000,00025
26
(i)Delgado Community College, Westbank Campus,27
Orleans Parish 28
Advanced Technology Center	$12,000,00029
30
(j)Delgado Community College, Blair Campus,31
Metairie, Jefferson Parish32
Advanced Workforce Training	$  7,200,00033
34
(k)Delgado Community College,35
Avondale, Jefferson Parish36
Advanced Manufacturing Center of Excellence $10,000,00037
38
(l)Louisiana Delta Community College,39
Winnsboro, Franklin Parish40
Technology and Career Program Training Center$  4,590,00041
42
(m)Louisiana Delta Community College,43
Jonesboro, Jackson Parish44
Welding, Vehicle Operation and Industrial45
Training Center	$  2,700,00046
47
(n)Louisiana Delta Community College,48
Ruston, Lincoln Parish49
Nursing, Welding, Workforce Training Campus $  8,100,00050
51
(o)Louisiana Delta Community College,52
Monroe, Ouachita Parish53
Technology Center	$  7,200,00054
55
(p)Louisiana Delta Community College,56
Tallulah, Madison Parish57
Upgrade/Advanced Workforce Training Campus $  2,500,00058
59 SB NO. 204	ENROLLED
Page 5 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(q)Northshore Technical Community College,1
Lacombe, St. Tammany Parish2
Training Center for Industrial Technologies $  9,000,0003
4
(r)Northshore Technical Community College,5
Livingston Parish6
Community College Workforce Training Center $  5,130,0007
8
(s)Northwest Louisiana Technical College,9
Minden Campus, Webster Parish10
Workforce Development Center	$  2,250,00011
12
(t)River Parishes Community College,13
Gonzales, Ascension Parish14
Center for Advance Technology	$  8,100,00015
16
(u)South Central Louisiana Technical College, 17
River Parishes Campus, Reserve, 18
St. John the Baptist Parish19
New PTech Building	$  3,888,00020
21
(v)South Central Louisiana Technical College,22
River Parishes Campus, Reserve, St. John the Baptist Parish23
Center for Advancement of Technical Education 24
Building	$  3,712,50025
26
(w)South Central Louisiana Technical College,27
Young Memorial Campus, Morgan City,28
St. Mary Parish29
Marine Operations and Industrial Safety30
Training Center	$  3,330,00031
32
(x)South Louisiana Community College,33
Lafayette Campus, Lafayette Parish34
Allied Health and Science Training35
Program Building	$15,000,00036
37
(y)SOWELA Technical Community College,38
Morgan Smith Campus, Jennings, 39
Jefferson Davis Parish40
Automotive, Welding, Nursing and Industrial41
Programs Campus	$  9,000,00042
43
(2)  STUDENT SERVICES, COUNSELING AND ADVISING44
45
(z)L.E. Fletcher Technical Community College,46
Schriever, Terrebonne Parish47
One Stop Shop for All Student Activities $  4,500,00048
49
(aa)Nunez Community College,50
Chalmette, St. Bernard Parish51
Student Testing and Career Counseling Center $  6,480,00052
53
(bb)SOWELA Technical Community College,54
Main Campus, Lake Charles, Calcasieu Parish55
One Stop Shop for Student Programs and Services$  7,200,00056
57
(3)  SAFETY, SECURITY AND INFRASTRUCTURE58
59 SB NO. 204	ENROLLED
Page 6 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(cc)Capital Area Technical College Campus,1
Baton Rouge, East Baton Rouge Parish2
Secured Parking Building for Students $  3,600,0003
4
(4)  The amounts set forth in this Subsection are estimates and the5
funding for any project may be increased to meet any contingencies by an6
amount not to exceed fifteen percent of the amounts set forth in this Subsection.7
Section 2.  R.S. 39:1367(E)(2)(b)(v) is hereby enacted to read as follows:8
§1367.  State debt; limitations9
*          *          *10
E.  As used in this Section, the following terms shall have the following11
meanings ascribed to them unless the context clearly indicates otherwise:12
*          *          *13
(2)	*          *          *14
(b)  "Net state tax supported debt" shall not mean:15
*          *          *16
(v) Any bond, note, or other evidence of indebtedness issued for the17
purpose of financing the projects set forth in R.S. 17:3394.3(C) or any bonds18
issued to refund such bonds, notes, or evidence of indebtedness.19
Section 3. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: