HLS 18RS-313 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 129
BY REPRESENTATIVE REYNOLDS
CAPITAL OUTLAY: Exempts certain Department of Wildlife and Fisheries projects from
the capital outlay process
1 AN ACT
2To enact R.S. 39:128(E), relative to the capital outlay process; to provide for the exemption
3 of certain projects from the capital outlay process; to provide for certain limitations
4 and restrictions; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 39:128(E) is hereby enacted to read as follows:
7 ยง128. Exemptions
8 * * *
9 E. Minor repairs, renovation, or construction of buildings or other facilities
10 or the purchase of land, buildings, or other facilities when the total construction cost
11 or total purchase price, inclusive of the aggregate of any change orders for the
12 project, is less than or equal to five hundred thousand dollars may be undertaken by
13 land owned or managed by the Department of Wildlife and Fisheries without being
14 included in the capital outlay budget, but shall be subject to the approval of the
15 commissioner of administration and the House Committee on Ways and Means and
16 the Senate Committee on Revenue and Fiscal Affairs. The department shall not
17 artificially divide a project's total construction cost or total purchase price in order
18 for the project or the purchase to be eligible for the capital outlay exemption
19 provided for in this Subsection. The Department of Wildlife and Fisheries shall not
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-313 REENGROSSED
HB NO. 129
1 incur debt to fund any project that is not included in the capital outlay budget. For
2 the purpose of this Section, "construction cost" shall not be construed to include
3 design fees or movable equipment.
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 129 Reengrossed 2018 Regular Session Reynolds
Abstract: Exempts certain projects on land owned or managed by the Dept. of Wildlife and
Fisheries (DW&F) from the capital outlay process.
Present law provides for the authority and procedures for state construction projects, also
known as capital outlay.
Present law provides for certain exemptions from the capital outlay process, including the
following:
(1)Facilities that house the legislature or an agency within the legislative branch.
(2)Repairs, renovation, or construction less than or equal to $1 million on the campus
of a state college, university, or higher education facility, subject to approval by the
Board of Regents and the appropriate management board. Further exempts such
projects that are $500,000 or less from requirements related to professional service
contracts in Public Bid Law.
(3)Repairs, renovation, or construction by any agency, except on the campus of a state
college, university, or higher education facility, when the expenditures for a project
for a fiscal year do not exceed $150,000 cumulatively per agency and the
expenditures are approved by the commissioner of administration and the Joint
Legislative Committee on the Budget.
(4)Certain construction of buildings by the Dept. of Public Safety and Corrections,
division of prison enterprises, with a cost of $500,000 or less, on the grounds of a
correctional facility. Requires prior approval of the projects by the Senate
Committee on Revenue and Fiscal Affairs and the House Committee on Ways and
Means.
Proposed law further exempts repairs, renovations, or construction projects valued at less
than or equal to $500,000, inclusive of the aggregate of all change orders for the project,
on land owned or managed by the DW&F, subject to approval by the commissioner of
administration and the House Committee on Ways and Means and Senate Committee on
Revenue and Fiscal Affairs.
Proposed law prohibits the DW&F from artificially dividing a project's total construction
cost or total purchase price in order for the project or the purchase to be eligible for the
capital outlay exemption provided for in proposed law.
(Adds R.S. 39:128(E))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-313 REENGROSSED
HB NO. 129
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Ways and Means to the
original bill:
1. Remove from proposed law the exemption from Public Bid Law for professional
service contracts related to repairs, renovations, or construction projects valued
at less than or equal to $500,000 on land owned or managed by the DW&F.
2. Add requirement for the House Committee on Ways and Means and Senate
Committee on Revenue and Fiscal Affairs to also approve the exemption for the
DW&F in addition to the commissioner of administration.
The House Floor Amendments to the engrossed bill:
1. Remove authorization for the amount of the contract to be adjusted annually in
accordance with the U.S. Bureau of Labor Statistics consumer price index.
2. Add limitation that the total construction cost or total purchase price of the
project shall include the aggregate of any change orders.
3. Add prohibition that the DW&F cannot artificially divide a project's total cost or
total purchase price in order to qualify for the exemption from the capital outlay
process as provided for in proposed law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.