Work on covered capital outlay projects cannot start, and contracts cannot be signed, until required funding is available or approved; some state-owned and non-state projects have extra timing and approval steps.
§122. Commencement of work; delays in construction; public statement; allocated funds A.(1) No work shall commence and no contract shall be entered into for any project contained in the Capital Outlay Act unless and until funds are available from the cash sources indicated in the act or from the sale of bonds or from a line of credit approved by the State Bond Commission, except for funds that are received as supplemental funds for ongoing projects for which contracts have been issued and contracts for Department of Transportation and Development projects which are subject to the provisions of R.S. 48:251(D). (2) State-owned projects planned for the fiscal year in which an appropriation has been funded shall be commenced in that fiscal year and the administering agencies shall diligently commence work on those projects in accordance with the provisions of the annual capital outlay act; Titles 38, 39, and 48 of the Louisiana Revised Statutes of 1950; and any other applicable statutory provision. If a project cannot be commenced within the fiscal year for which it is planned, the administering agency shall file with the project records a public statement as to the factors causing the delay. The administering agency shall send a copy of the public statement regarding the cause of the delay and notice when the delaying factors have been overcome, no later than the first day of February each year, to the Joint Legislative Committee on Capital Outlay and to each senator and representative in whose district the project is located. When the cause of the delay has been cured, the administering agency shall commence the work immediately and expeditiously. (3) The Joint Legislative Committee on Capital Outlay shall make recommendations to the commissioner of administration concerning the non-state entity projects to be granted lines of credit. The commissioner of administration shall submit to the Joint Legislative Committee on Capital Outlay a list of projects that will be submitted to the State Bond Commission for lines of credit a minimum of five days prior to the submission to the State Bond Commission. B.(1) Ports, levee districts, and other non-state entities shall wait until there is a fully executed cooperative endeavor agreement and final approval has been given by the facility planning and control section of the division of administration, the Department of Transportation and Development, or the state treasurer, whichever is applicable, before entering into contracts obligating state funds. (2) If a port, levee district, or other non-state entity, enters into a contract, executes a purchase order or otherwise attempts to obligate any funds to be reimbursed by the state without first fully complying with the provisions of this Section, any obligation resulting therefrom shall remain the sole responsibility of the port, levee district, or non-state entity, and the contract or purchase order or other obligation shall not be eligible for reimbursement or payment by the state. Acts 1989, No. 836, §1, eff. July 1, 1989; Acts 1997, No. 1346, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 161, §2, eff. May 7, 1998; Acts 2008, No. 911, §1, eff. July 1, 2008; Acts 2020, 2nd Ex. Sess., No. 39, §1, eff. Oct. 28, 2020; Acts 2023, No. 388, §1.