ENROLLED
ACT No. 112
2021 Regular Session
HOUSE BILL NO. 3
BY REPRESENTATIVE BISHOP
1 AN ACT
2 To enact the Omnibus Bond Authorization Act of 2021, relative to the implementation of
3 a five-year capital improvement program; to provide for the repeal of certain prior
4 bond authorizations; to provide for new bond authorizations; to provide for
5 authorization and sale of such bonds by the State Bond Commission; to provide
6 relative to the submission of capital outlay applications; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. The legislature hereby recognizes that the Constitution of Louisiana
10 provides in Article VII, Section 11, that the governor shall present to the legislature a five-
11 year Capital Outlay Program and request implementation of the first year of such program,
12 and that the capital outlay projects approved by the legislature are to be made part of the
13 comprehensive state capital budget which shall, in turn, be adopted by the legislature.
14 Further, all projects in such budget adopted by the legislature requiring bond funds must be
15 authorized as provided in Article VII, Section 6 of the Constitution of Louisiana. The
16 legislature finds that over a period of years the legislature has enacted numerous bond
17 authorizations, but due to inflation and the requirements of specificity of amount for each
18 project, impossibility, or impracticability, many of the projects cannot be undertaken. All
19 of the unissued bonds must be listed in the financial statements of the state prepared from
20 time to time and in connection with the marketing of bonds, and are taken into account by
21 rating agencies, prospective purchasers, and investors in evaluating the investment quality
22 and credit worthiness of bonds being offered for sale. The continued carrying of the
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1 aforesaid unissued bonds on the financial statements of the state under the above described
2 circumstances operates unnecessarily to the financial detriment of the state. Accordingly,
3 the legislature deems it necessary and in the best financial interest of the state to repeal all
4 Acts, except any Act authorizing the issuance of refunding bonds and Act 41 of the 2006
5 First Extraordinary Session, providing for the issuance of general obligation bonds in the
6 state which cannot be issued for the projects contemplated, and in their stead to reauthorize
7 general obligation bonds of the state for those projects deemed to be essential, and to
8 authorize new projects.
9 Section 2. It is the intent of the legislature that this Act shall constitute the Omnibus
10 Bond Authorization Act of 2021 and, together with any Act authorizing the issuance of
11 refunding bonds and Act 41 of the 2006 First Extraordinary Session, shall provide bond
12 authorization, as required by Article VII, Section 6 of the Constitution of Louisiana, for
13 those projects to be funded totally or partially by the sale of general obligation bonds and
14 included in House Bill No. 2 of the 2021 Regular Session as finally enacted into law (2021
15 Capital Outlay Act). It is the further intent of the legislature that in this year and each year
16 hereafter an Omnibus Bond Authorization Act shall be enacted providing for the repeal of
17 state general obligation bond authorizations for projects no longer found feasible or
18 desirable, the reauthorization of those bonds not sold during the prior fiscal year for projects
19 deemed to be of such priority as to warrant such reauthorization, and to enact new
20 authorization for projects found to be needed for capital improvements.
21 Section 3. Except as hereinafter provided, all prior Acts of the legislature authorizing
22 the issuance of general obligation bonds of the state of Louisiana shall be and the same are
23 hereby repealed in their entirety, including without limitation Sections 19 through 24 of Act
24 2 of the 2020 First Extraordinary Session of the Louisiana Legislature as finally enacted into
25 law and any Acts heretofore repealed with such Act. This repeal shall not be applicable to
26 any Act providing for the issuance of refunding bonds nor to Act 41 of the 2006 First
27 Extraordinary Session, and such Acts shall remain in full force and effect and shall not be
28 affected by the provisions of this Act. In addition, the repeal shall not in any manner affect
29 the validity of any bonds heretofore issued pursuant to any of the bond authorizations
30 repealed hereby.
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1 Section 4. To provide funds for certain capital improvement projects the State Bond
2 Commission is hereby authorized pursuant to Article VII, Section 6 of the Constitution of
3 Louisiana to issue general obligation bonds or other general obligations of the state for
4 capital improvements for the projects, and subject to any terms and conditions set forth on
5 the issuance of bonds or the expenditure of monies for each project as is provided for in the
6 2021 Capital Outlay Act.
7 Section 5.(A) To provide funds for certain capital improvement projects authorized
8 prior to this Act and by this Act, which projects are designed to provide for reimbursement
9 of debt service on general obligation bonds, the State Bond Commission is hereby authorized
10 pursuant to Article VII, Section 6 of the Constitution of Louisiana, to issue general
11 obligation bonds of the state, hereinafter referred to as "project bonds", for capital
12 improvements for the projects and subject to any terms and conditions set forth on the
13 issuance of bonds or the expenditure of monies for each such project as provided in the 2021
14 Capital Outlay Act the terms of which require such reimbursement of debt service.
15 (B) Without affecting, restricting, or limiting the pledge herein made of the full faith
16 and credit of the state of Louisiana to the payment of the general obligation bonds authorized
17 by this Section and without affecting, restricting, or limiting the obligation of the state to pay
18 the same from monies pledged and dedicated to and paid into the Bond Security and
19 Redemption Fund, but in order to decrease the possible financial burden on the general funds
20 of the state resulting from this pledge and obligation, the applicable management board,
21 governing body, or state agency for which any of such project bonds are issued, in the fiscal
22 year in which such project bonds are issued and in each fiscal year thereafter until such
23 project bonds and the interest thereon are paid, shall transfer and make available to the state
24 treasury, for deposit in the Bond Security and Redemption Fund, designated student fees or
25 revenues or other revenues in an amount equal to the debt service on such project bonds in
26 such fiscal year. In addition, the applicable management board, governing body, or state
27 agency, in the fiscal year in which such project bonds are issued and in each of the nine
28 immediately succeeding fiscal years thereafter, shall transfer and make available to the state
29 treasury from designated student fees or revenues or other revenues, for credit to a
30 reimbursement reserve account for such project bonds which shall be established in an
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1 account designated in the reimbursement contract hereafter provided for, monies in an
2 amount equal to one-tenth of the average annual debt service on such project bonds, and
3 each such reimbursement reserve account thereafter shall be maintained in said minimum
4 amount by further transfers, if necessary, from designated student fees or revenues or other
5 revenues by the applicable management board, governing body, or state agency to the state
6 treasury. Each such reimbursement reserve account shall be used, if necessary, solely to
7 make the reimbursement payments herein obligated to be made to the state treasury. When
8 the general obligation bonds and the interest thereon issued hereunder have been paid, any
9 amount remaining in the reimbursement reserve account, as prorated to such authorized
10 project, shall be transferred by the state treasurer to the applicable management board,
11 governing body, or state agency.
12 (C) No project bonds authorized by this Section shall be issued for any authorized
13 project unless and until a reimbursement contract has been entered into and executed
14 between the applicable management board, governing body, or state agency and the State
15 Bond Commission pertaining to the reimbursement payment and reimbursement reserve
16 account payments for such project. The contract shall require payment into the state treasury
17 of designated student fees or revenues or other revenues in an amount sufficient to reimburse
18 the cost to the state of the principal, interest, and premium, if any, obligated to be paid by
19 the state on such project bonds. The State Bond Commission shall not be required to
20 execute any such reimbursement contract unless the estimates and projections of the
21 designated student fees or revenues or other revenues available for payment into the state
22 treasury thereunder for the authorized projects are sufficient to reimburse the costs of the
23 principal, interest, and premium, if any, on the project bonds. A reimbursement contract
24 hereunder shall be authorized by resolution of the applicable management board, governing
25 body, or state agency, or board or by act of the chief executive officer if no governing board
26 exists.
27 This authorization shall provide for the dates, amounts, and other details for the
28 payments required to be made to the state treasury and for the reserve account. The
29 authorization may contain such covenants with the State Bond Commission regarding the
30 fixing of rates for fees and charges or revenues and such other covenants and agreements
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1 with the State Bond Commission as will assure the required payments to the state treasury.
2 The contract shall be subject to approval by the office of the attorney general and the State
3 Bond Commission and, when so accepted and approved, shall conclusively constitute and
4 be the reimbursement contract for an authorized project, as required hereunder.
5 (D) The obligation to make the reimbursement payments as required by a
6 reimbursement contract may be represented by the issuance by the applicable management
7 board, governing body, or state agency of its nonnegotiable revenue obligation in the form
8 of a bond or other evidence of indebtedness, hereinafter referred to as "reimbursement
9 bond". The reimbursement bond shall be issued in a single bond form, without coupons, in
10 the principal amount equal to the aggregate principal amount of project bonds, shall be
11 registered in principal and interest in the name of and be payable to the State Bond
12 Commission, shall bear interest at a rate or rates equal to the interest rate or rates payable
13 on the project bonds, and shall be payable as to principal and interest at such times, in such
14 manner, from designated student fees or revenues, or other revenues, and be subject to such
15 terms and conditions as shall be provided in the authorizing resolution or document executed
16 by a chief executive officer, where applicable. This authorization shall be subject to
17 approval by the State Bond Commission and the office of the attorney general, and when so
18 accepted and approved, the authorization shall constitute and be the reimbursement contract
19 for such authorized project, as required hereunder. The reimbursement bonds authorized
20 under the provisions of this Section may be issued on a parity with outstanding
21 reimbursement bonds of the applicable management board, governing body, or state agency,
22 or issued on a subordinate lien basis to outstanding bonds, or a combination thereof, and may
23 include and contain such covenants with the State Bond Commission for the security and
24 payment of the reimbursement bonds and such other customary provisions and conditions
25 for their issuance by the applicable management board, governing body, or state agency as
26 are authorized and provided for by general law and by this Section. Until project bonds for
27 an authorized project have been paid, the applicable management board, governing body,
28 or state agency shall impose fees and charges in an amount sufficient to comply with the
29 covenants securing outstanding bonds and to make the payments required by the
30 reimbursement contract.
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1 (E) In addition to the other payments herein required, reimbursement contracts shall
2 provide for the setting aside of sufficient student fees or revenues or other revenues in a
3 reserve fund, so that within a period of not less than ten years from date of issuance of
4 project bonds there shall be accumulated in a reserve fund monies equal to a sum not less
5 than the average annual debt service requirements on such project bonds. Monies in the
6 reserve fund shall be used for the purpose of remedying or preventing a default in making
7 the required payments under a reimbursement contract. The reserve fund required
8 hereunder may consist of a reserve fund heretofore or hereafter established to secure
9 payments for reimbursement bonds of the applicable management board, governing body,
10 or state agency, provided that (1) payments from said reserve fund to secure the payments
11 required to be made under a reimbursement contract shall be on a parity with the payments
12 to be made securing outstanding bonds and additional parity bonds and (2) no additional
13 parity reimbursement bonds shall be issued except pursuant to the establishment and
14 maintenance of an adequate reserve fund as approved by the State Bond Commission.
15 (F) When the balance of reimbursement bond proceeds, for a project, are allocated
16 to another project, the State Bond Commission is authorized to make the appropriate
17 amendment to the reimbursement contract with the agency making the reimbursement
18 payments.
19 Section 6. The bonds authorized to be sold by the State Bond Commission pursuant
20 to this Act shall be issued and sold in conformity with the provisions of Article VII, Section
21 6 of the Louisiana Constitution, R.S. 39:1361 through R.S. 39:1367, and R.S. 39:1401
22 through R.S. 39:1430.1, and any amendments thereto adopted prior to, at the same time as,
23 or subsequent to, the effective date of this Act. However, the provisions of R.S. 39:1365(9)
24 shall not apply to any bonds issued hereunder in the form of variable rate and/or tender
25 option bonds and that said bonds need not be issued in serial form and may mature in such
26 year or years as may be specified by the State Bond Commission. Should any provision of
27 this Act be inconsistent with any provision of the Louisiana Revised Statutes of 1950, the
28 provision of this Act shall govern. In connection with the issuance of the bonds authorized
29 hereby, the State Bond Commission may, without regard to any other laws of the state
30 relating to the procurement of services, insurance, or facilities, enter into contracts upon such
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1 terms as it deems advantageous to the state for (1) the obtaining of credit enhancement or
2 liquidity devices designed to improve the marketability of the bonds and (2) if the bonds are
3 structured as variable rate and/or tender option bonds to provide the services and facilities
4 required for or deemed appropriate by the State Bond Commission for such type of bonds,
5 including those of tender agents, placement agents, indexing agents, remarketing agents,
6 and/or standby bond purchase facilities. The cost of obtaining credit enhancement or
7 liquidity devices and fees for other services set forth in this Section shall, if authorized by
8 the State Bond Commission, be paid from the Bond Security and Redemption Fund as a
9 requirement with respect to the issuance of the bonds authorized hereby. The bonds shall be
10 general obligations of the state of Louisiana, to the payment of which, as to principal,
11 premium, if any, and interest, as and when the same become due, the full faith and credit of
12 the state is hereby irrevocably pledged. These bonds shall be secured by monies in the Bond
13 Security and Redemption Fund and shall be payable on a parity with bonds and other
14 obligations heretofore and hereafter issued which are secured by that fund. The maximum
15 interest rate or rates on such bonds, and their maturities, shall be determined by the State
16 Bond Commission. The state treasurer shall invest all bond proceeds until disbursed.
17 Section 7. The Treasurer is hereby authorized and directed to transfer to the Bond
18 Security and Redemption Fund to be expended on general obligation bond debt service of
19 the related bonds (including any bonds issued to refinance such bonds) any unexpended bond
20 proceeds balance of any general obligation account created prior to 2018 having a balance
21 of $10,000 or less. If such bonds or refunding bonds are no longer outstanding, then such
22 unexpended bond proceeds shall be applied to pay debt service on any outstanding general
23 obligation bonds.
24 Section 8. Unless specifically repealed, this Act shall expire, and be considered null
25 and void and of no further effect on June 30, 2022, except as to any bonds authorized herein
26 (1) which have been sold, (2) to which lines of credit have been issued, or (3) for which
27 contracts for construction have been signed.
28 Section 9. Notwithstanding the provisions of R.S. 39:101, 102, and 112(C), projects
29 included within Section 1 of the Act which originated as House Bill No. 2 of the 2021
30 Regular Session of the Legislature, with appropriations payable from General Obligation
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1 Bonds or State General Fund (Direct) Non-Recurring Revenues, which did not submit a
2 capital outlay application by November 1, 2020, in compliance with the provisions of R.S.
3 39:101 and 102 and which have not received late approval as required by R.S. 39:112(C) are
4 hereby deemed to have until June 5, 2021, to submit a capital outlay budget request
5 application pursuant to R.S. 39:101(A), and if the application is submitted by that date, the
6 project is deemed to have complied with the late approval requirements of R.S. 39:112(C).
7 Additionally, the capital outlay budget requests together with supporting information and
8 documents for these projects shall constitute the feasibility study required by Article VII,
9 Section 11(C) of the Constitution of Louisiana.
10 Section 10. This Act shall become effective upon signature by the governor or, if not
11 signed by the governor, upon expiration of the time for bills to become law without signature
12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
13 vetoed by the governor and subsequently approved by the legislature, this Act shall become
14 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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