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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, 2014
SENATE BILL NO. 91
BY SENATOR BROWN
CAPITAL OUTLAY. Provides an exception to the time limit on filing capital outlay
requests for filings resulting from a declared disaster where there is an public need for the
project. (7/1/14) (2/3 - CA7s11(C))
AN ACT1
To amend and reenact R.S. 39:112(C)(2) and to enact R.S. 39:112(C)(1)(d), relative to2
capital outlay; to provide for the submission of capital outlay budget requests for3
certain projects resulting from a national or state declared disaster; to provide for4
definitions; to provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 39:112(C)(2) is hereby amended and reenacted and R.S.7
39:112(C)(1)(d) is hereby enacted to read as follows:8
ยง112. Capital outlay act9
* * *10
C.(1) Capital outlay budget requests submitted after November first may be11
included within the capital outlay act if the capital outlay budget request meets all12
of the applicable requirements as provided in R.S. 39:101 and 102 except for time13
of submission and if any of the following conditions have been met:14
* * *15
(d) The project is located in a designated disaster area and there is a16
public need for the project because of a national or state declared disaster and17 SB NO. 91
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Coding: Words which are struck through are deletions from existing law;
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the project has been approved by the Joint Legislative Committee on Capital1
Outlay, which approval may occur after the first day of February and which2
project may have a total project cost of one million dollars or more.3
(2) For purposes of this Section, "economic development" means the4
following terms shall have the following meanings unless the context clearly5
indicates otherwise:6
(a) "Designated disaster area" means the actual affected geographical7
area or parish or parishes as designated in an executive order or proclamation8
of the governor or a parish president pursuant to the Louisiana Homeland9
Security and Emergency Assistance and Disaster Act.10
(b) "Economic development" means:11
(a)(i) Improvements on public or government owned property for the12
purposes of attracting or retaining a specific new or existing manufacturing or13
business operation that benefits Louisiana.14
(b)(ii) Facilities or improvements on public or government owned property15
that generate new, permanent employment or which help retain existing employment.16
(c)(iii) Facilities or infrastructure improvements on public or government17
owned property necessary for the manufacturing plant or business to operate.18
(d) (c) For purposes of this Subsection, "emergency" "Emergency" means19
essential to alleviate conditions that are hazardous to life, health or property, and20
court mandates.21
(d) "Public need" means a capital outlay budget request which occurs22
within twelve months of the executive order or proclamation of the governor or23
a parish president for a project that stabilizes a disaster designated area.24
* * *25
Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor26
and subsequently approved by the legislature, this Act shall become effective on July 1,27
2014, or on the day following such approval by the legislature, whichever is later.28 SB NO. 91
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Martha S. Hess. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Laura Gail Sullivan.
DIGEST
Brown (SB 91)
Present law authorizes capital outlay budget requests submitted after November 1
st
to be
included within the capital outlay act if the capital outlay budget request meets all applicable
requirements except for time of submission and if any of the following conditions have been
met:
(1)The project is an economic development project recommended in writing by the
secretary of the Department of Economic Development.
(2)The project is an emergency project recommended in writing by the commissioner
of administration.
(3)The project is for a non-state entity, has a total project cost of less than $1 million,
and has been approved by the Joint Legislative Committee on Capital Outlay;
however, no action to approve any such project may be taken by the Joint Legislative
Committee on Capital Outlay after February 1
st
.
Proposed law retains present law and adds a fourth exception to the November 1st deadline
for submission of capital outlay requests:
(4)The project is located in a designated disaster area, there is a public need for the
project because of a national or state declared disaster, and the project has been
approved by the Joint Legislative Committee on Capital Outlay, which approval may
occur after February 1
st
and which project may have a total project cost of $1 million
or more.
Present law provides for the definition of "economic development" and "emergency" for
purposes of the exceptions to the November 1
st
deadline for submission of capital outlay
requests.
Proposed law retains present law and adds definitions of "designated disaster area" and
"public need" for purposes of an exception to the November 1
st
deadline for submission of
capital outlay requests.
Effective July 1, 2014.
(Amends R.S. 39:112(C)(2); adds R.S. 39:112(C)(1)(d))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Revenue and Fiscal
Affairs to the original bill
1. Requires only a public need, rather than an imminent public need, for the
exception to apply.
2. Deletes definition of "disaster".
3. Adds definition of "public need".