HLS 16RS-1191 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 784
BY REPRESENTATIVES ABRAMSON, BROADWATER, DAVIS, DEVILLIER,
DWIGHT, HORTON, HUVAL, IVEY, JAY MORRIS, JIM MORRIS, AND
THIBAUT
REVENUE DEPARTMENT: Provides relative to the capital outlay budget submission
1 AN ACT
2To amend and reenact R.S. 39:101(A)(1), 102(B), and 111 and to enact R.S. 39:105, relative
3 to capital outlay; to provide with respect to the submission of the capital outlay
4 budget; to provide for revisions; to provide relative to the contents of a capital outlay
5 budget request; to require the resubmission of applications of certain capital outlay
6 budget requests; to require local match information in capital outlay budget requests;
7 to require certain information to be annually reported to the Joint Legislative
8 Committee on Capital Outlay; to provide for certain requirements; and to provide for
9 related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 39:101(A)(1), 102(B), and 111 are hereby amended and reenacted
12and R.S. 39:105 is hereby enacted to read as follows:
13 §101. Capital outlay budget request; feasibility studies
14 A.(1)(a) Except as provided in Paragraph (2) of this Subsection, no later than
15 the first day of November each year, the head of each budget unit shall present to the
16 office of facility planning and control of the division of administration a request for
17 all expenditures for capital projects falling within the definition contained in R.S.
18 39:2(9), on forms provided by the office. However, if a legislator is finally elected
19 after November first, the legislator shall have until the fifteenth day of December to
20 present such request. A copy of the request shall also be provided by the head of
21 each budget unit to the Legislative Fiscal Office, the Joint Legislative Committee on
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1191 REENGROSSED
HB NO. 784
1 Capital Outlay, the House Committee on Appropriations, the House Committee on
2 Ways and Means, the Senate Committee on Finance, and the Senate Committee on
3 Revenue and Fiscal Affairs. Such annual requests shall contain the information
4 necessary for the feasibility study required pursuant to Article VII, Section 11(C) of
5 the Constitution of Louisiana and shall include projects proposed to be funded within
6 the next five years.
7 (b) The application for any capital outlay budget request which receives
8 funding in the capital outlay budget shall be updated each year that the project
9 remains active in the budget process to reflect all changes in the project that occurred
10 since the previous submission. The resubmission of the capital outlay budget request
11 shall be subject to all of the requirements and the November first submission
12 deadline as all other capital outlay budget requests.
13 * * *
14 §102. Capital outlay budget request contents
15 * * *
16 B.(1) The detailed project description and justification shall include an
17 analysis of need with corroborative data, a reasonable estimate of the date when the
18 project will be needed, the project's proposed location, the estimated construction
19 cost, the estimated local match requirement and amount of local funds expended on
20 the project, the cost of equipping and furnishing the project, the space utilization plan
21 of the requesting agency, the cost of opening and operating the facility for the first
22 year, the estimated annual operating and maintenance costs of the facility, and the
23 method and source of financing for each of the next five years, and the estimated
24 completion date of the project as well as an identification and description of other
25 similar facilities and projects in the given area and an evaluation of their capabilities
26 to meet needs. The request shall indicate the order of priority.
27 (2)(a) The detailed project description for all statewide programs including
28 but not limited to the statewide roofing program, the major repairs of state office
29 buildings program, the Americans with Disabilities Act implementation for state
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1191 REENGROSSED
HB NO. 784
1 facilities program, the local government assistance program, the community water
2 enrichment program, and the deferred maintenance programs for all higher education
3 institutions and community college facilities shall include specific information and
4 details of the projects qualifying for funding through the programs proposed to be
5 funded with the appropriations included in the capital outlay budget.
6 (b) Any project receiving an individual appropriation in the capital outlay
7 budget shall submit a capital outlay application by the November first deadline
8 regardless if the project is eligible for funding through a statewide program.
9 * * *
10 §105. Capital Outlay reports to Joint Legislative Committee on Capital Outlay
11 A. The office of facility planning and control and any state agency
12 authorized to administer capital outlay appropriations shall submit to the Joint
13 Legislative Committee on Capital Outlay, an annual written report no later than the
14 first day of February, of each project included in the prior year's capital outlay
15 budget which includes the following information:
16 (1) The title of the project.
17 (2) The total budget for the project from all means of financing.
18 (3) A breakdown of the funding of the project including all cash and general
19 obligation bond funding of the project.
20 (4) The amount of state and local funds, including local match funds,
21 expended on the project.
22 (5) The amount of project funding that has been encumbered, including all
23 cash and general obligation bond cash and noncash lines of credit approved for the
24 project.
25 (6) The total amount of funds the project will need to spend in the next fiscal
26 year.
27 (7) The current status of the project as either active or complete.
28 (8) If the project is complete, the total amount of unspent appropriations
29 remaining on the project, including the means of finance of the funds.
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1191 REENGROSSED
HB NO. 784
1 B. The office of facility planning and control shall submit the report in a
2 format that can be edited.
3 * * *
4 §111. Capital outlay budget submission
5 Not No later than the eighth day of each regular session, the governor shall
6 submit to the legislature his capital outlay budget to the legislature, the proposed
7 capital outlay bill implementing the first year of the five-year program, and the bond
8 authorization bill for the sale of bonds to fund projects included in the bond portion
9 of the capital outlay bill.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 784 Reengrossed 2016 Regular Session Abramson
Abstract: Requires certain information to be reported to the Joint Legislative Committee
on Capital Outlay each year regarding specific information for each capital outlay
project funded in the capital outlay bill.
Present law requires the governor to submit his capital outlay budget which implements the
first year of the five-year program capital outlay program and the bond authorization bill for
the sale of bonds to fund projects included in the bond portion of the capital outlay bill to
the legislature no later than the 8
th
day of each regular session.
Proposed law makes technical revisions to present law.
Present law requires the head of each budget unit to present requests for all expenditures
for capital projects on forms provided by the office of facility planning and control no later
than the first day of November each year. Further requires the annual request to contain the
information necessary for the feasibility study required pursuant to present constitution and
to include projects proposed to be funded within the next five years.
Proposed law retains present law but adds the requirement that the application for any capital
outlay budget request which receives funding in the capital outlay budget be updated each
year that the project remains active in the budget process to reflect all changes in the project
that occurred since the previous submission.
Present law requires each capital outlay application to include a detailed project description
and justification for each new project requested. Further provides that the detailed project
description and justification to include information such as an analysis of need with
corroborative data, a reasonable estimate of the date when the project will be needed, the
project's proposed location, the estimated construction cost, and the estimated completion
date of the project.
Proposed law retains present law but adds the that the project application include the
estimated local match requirement and the amount of local match expended on the project.
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1191 REENGROSSED
HB NO. 784
Proposed law further provides that the detailed project description for all statewide programs
including programs such as the statewide roofing program, the major repairs of state office
buildings program, the local government assistance program, the community water
enrichment program, and the deferred maintenance programs for all higher education
institutions and community college facilities shall include details of the projects qualifying
for funding through the programs proposed to be funded with the appropriations included
in the capital outlay budget.
Proposed law requires that any project receiving an individual appropriation in the capital
outlay budget to submit a capital outlay application by the November first deadline
regardless if the project is eligible for funding through a statewide program.
Proposed law requires the office of facility planning and control and any state agency
authorized to administer capital outlay appropriations to submit to the Joint Legislative
Committee on Capital Outlay, an annual written report no later than the first day of
February, of each project included in the prior year's capital outlay budget which includes
the following information:
(1)The title of the project.
(2)The total budget for the project from all means of financing.
(3)A breakdown of the funding of the project including all cash and general obligation
bond funding of the project.
(4)The amount of state and local funds, including local match funds, expended on the
project.
(5)The amount of project funding that has been encumbered, including all cash and
general obligation bond cash and noncash lines of credit approved for the project.
(6)The total amount of funds the project will need to spend in the next fiscal year.
(7)The current status of the project as either active or complete.
(8)If the project is complete, the total amount of unspent appropriations remaining on
the project, including the means of finance of the funds.
(Amends R.S. 39:101(A), 102(B), and 111; Adds R.S. 39:105)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Ways and Means to the
original bill:
1. Add requirement that the application for any capital outlay project which
receives funding in the capital outlay bill to be updated each year that the project
remains active in the budget process.
2. Add requirement that the project application include the estimated local match
requirement and the amount of local match expended on the project.
3. Require the detailed project description for all statewide programs to include
details of the projects qualifying for funding through the programs proposed to
be funded with the appropriations included in the capital outlay budget.
4. Require all projects receiving individual appropriations in the capital outlay bill
to submit an application by November first regardless if the project is eligible for
funding through a statewide program.
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1191 REENGROSSED
HB NO. 784
5. Require all agencies which administer capital outlay appropriations to submit to
the Joint Legislative Committee on Capital Outlay, an annual written report no
later than the first day of February, of specific information for each project.
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.